Skip to main content

Terms and Conditions

Last updated March 14, 2025

TABLE OF CONTENTS

  1. AGREEMENT TO TERMS
  2. INTELLECTUAL PROPERTY RIGHTS
  3. USER REPRESENTATIONS
  4. USER REGISTRATION
  5. FEES AND PAYMENT
  6. FREE TRIAL
  7. CANCELLATION
  8. SOFTWARE
  9. PROHIBITED ACTIVITIES
  10. USER GENERATED CONTRIBUTIONS
  11. CONTRIBUTION LICENSE
  12. MOBILE APPLICATION LICENSE
  13. SUBMISSIONS
  14. U.S. GOVERNMENT RIGHTS
  15. SITE MANAGEMENT
  16. PRIVACY POLICY
  17. COPYRIGHT INFRINGEMENTS
  18. TERM AND TERMINATION
  19. MODIFICATIONS AND INTERRUPTIONS
  20. GOVERNING LAW
  21. DISPUTE RESOLUTION
  22. CORRECTIONS
  23. DISCLAIMER
  24. LIMITATIONS OF LIABILITY
  25. INDEMNIFICATION
  26. USER DATA
  27. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
  28. CALIFORNIA USERS AND RESIDENTS
  29. MISCELLANEOUS
  30. CONTACT US

AGREEMENT TO TERMS
These Terms and Conditions constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and Blueberry Pie LLC (“Company”, “we”, “us”, or “our”), concerning your access to and use of the hotblueberrypie.com (bbpie.io) website as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”). We are registered in Wyoming, United States and have our registered office at 32 N. Gould St, Sheridan, WY 82801. You agree that by accessing the Site, you have read, understood, and agree to be bound by all of these Terms and Conditions. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS AND CONDITIONS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.
Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms and Conditions from time to time. We will alert you about any changes by updating the “Last updated” date of these Terms and Conditions, and you waive any right to receive specific notice of each such change. Please ensure that you check the applicable Terms every time you use our Site so that you understand which Terms apply. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms and Conditions by your continued use of the Site after the date such revised Terms and Conditions are posted.

The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

The Site is not tailored to comply with industry-specific regulations (Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so if your interactions would be subjected to such laws, you may not use this Site. You may not use the Site in a way that would violate the Gramm-Leach-Bliley Act (GLBA).

The Site is intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Site.

INTELLECTUAL PROPERTY RIGHTS
Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, international copyright laws, and international conventions. The Content and the Marks are provided on the Site “AS IS” for your information and personal use only. Except as expressly provided in these Terms and Conditions, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our ex prior written permission.

Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content and the Marks.

USER REPRESENTATIONS
By using the Site, you represent and warrant that (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal capacity and you agree to comply with these Terms and Conditions; (4) you are not a minor in the jurisdiction in which you reside; (5) you will not access the Site through automated or non-human means, whether through a bot, script or otherwise; (6) you will not use the Site for any illegal or unauthorized purpose; and (7) your use of the Site will not violate any applicable law or regulation.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).

USER REGISTRATION
You may be required to register with the Site. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

FEES AND PAYMENT
We accept the following forms of payment:

Visa – Mastercard – PayPal
You may be required to purchase or pay a fee to access some of our services. You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Site. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. We bill you through an online billing account for purchases made via the Site. Sales tax will be added to the price of purchases as deemed required by us. We may change prices at any time. All payments shall be in U.S. dollars.


You agree to pay all charges or fees at the prices then in effect for your purchases, and you authorize us to charge your chosen payment provider for any such amounts upon making your purchase. If your purchase is subject to recurring charges, then you consent to our charging your payment method on a recurring basis without requiring your prior approval for each recurring charge, until you notify us of your cancellation.
We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment. We also reserve the right to refuse any order placed through the Site.

FREE TRIAL
We offer a 30-day free trial to new users who register with the Site. The account will be charged according to the user’s chosen subscription at the end of the free trial.

CANCELLATION

All purchases are non-refundable. You can cancel your subscription at any
time by logging into your account. Your cancellation will take effect at the
end of the current paid term.

If you are unsatisfied with our services, please email us at
[email protected].

SOFTWARE

We may include software for use in connection with our services. If such
software is accompanied by an end user license agreement (“EULA”), the
terms of the EULA will govern your use of the software. If such software is
not accompanied by a EULA, then we grant to you a non-exclusive,
revocable, personal, and non-transferable license to use such software
solely in connection with our services and in accordance with these Terms
and Conditions. Any Software and any related documentation is provided
“as is” without warranty of any kind, either express or implied, including,
without limitation, the implied warranties of merchantability, fitness for a
particular purpose, or non-infringement. You accept any and all risk arising
out of use or performance of any Software. You may not reproduce or
redistribute any software except in accordance with the EULA or these
Terms and Conditions.

PROHIBITED ACTIVITIES

You may not access or use the Site for any purpose other than that for
which we make the Site available. The Site may not be used in connection
with any commercial endeavors except those that are specifically endorsed
or approved by us.

As a user of the Site, you agree not to:

  • Systematically retrieve data or other content from the Site to create
    or compile, directly or indirectly, a collection, compilation, database,
    or directory without written permission from us.
  • Trick, defraud, or mislead us and other users, especially in any
    attempt to learn sensitive account information such as user
    passwords.
  • Circumvent, disable, or otherwise interfere with security-related
    features of the Site, including features that prevent or restrict the use
    or copying of any Content or enforce limitations on the use of the
    Site and/or the Content contained therein.
  • Disparage, tarnish, or otherwise harm, in our opinion, us and/or the
    Site.
  • Use any information obtained from the Site in order to harass, abuse,
    or harm another person.
  • Make improper use of our support services or submit false reports of
    abuse or misconduct.
  • Use the Site in a manner inconsistent with any applicable laws or
    regulations.
  • Engage in unauthorized framing of or linking to the Site.
  • Upload or transmit (or attempt to upload or to transmit) viruses,
    Trojan horses, or other material, including excessive use of capital
    letters and spamming (continuous posting of repetitive text), that
    interferes with any party’s uninterrupted use and enjoyment of the
    Site or modifies, impairs, disrupts, alters, or interferes with the use,
    features, functions, operation, or maintenance of the Site.
  • Engage in any automated use of the system, such as using scripts to
    send comments or messages, or using any data mining, robots, or
    similar data gathering and extraction tools.
  • Delete the copyright or other proprietary rights notice from any
    Content.
  • Attempt to impersonate another user or person or use the username
    of another user.
  • Upload or transmit (or attempt to upload or to transmit) any material
  • that acts as a passive or active information collection or transmission
  • mechanism, including without limitation, clear graphics interchange
  • formats (“gifs”), 1*1 pixels, web bugs, cookies, or other similar
  • devices (sometimes referred to as “spyware” or “passive collection
  • mechanisms’ or “pems”).
  • Interfere with, disrupt, or create an undue burden on the Site or the
  • networks or services connected to the Site.
  • Harass, annoy, intimidate, or threaten any of our employees or
  • agents engaged in providing any portion of the Site to you.
  • Attempt to bypass any measures of the Site designed to prevent or
  • restrict access to the Site, or any portion of the Site.
  • Copy or adapt the Site’s software, including but not limited to Flash,
  • PHP, HTML, JavaScript, or other code.
  • Except as permitted by applicable law, decipher, decompile,
  • disassemble, or reverse engineer any of the software comprising or
  • in any way making up a part of the Site.
  • Except as may be the result of standard search engine or Internet
  • browser usage, use, launch, develop, or distribute any automated
  • system, including without limitation, any spider, robot, cheat utility,
  • scraper, or offline reader that accesses the Site, or using or
  • launching any unauthorized script or other software.
  • Use a buying agent or purchasing agent to make purchases on the
  • Site.
  • Make any unauthorized use of the Site, including collecting
  • usernames and/or email addresses of users by electronic or other
  • means for the purpose of sending unsolicited email, or creating user
  • accounts by automated means or under false pretenses.
  • Use the Site as part of any effort to compete with us or otherwise use
  • the Site and/or the Content for any revenue-generating endeavor or
  • commercial enterprise.
  • Use the Site to advertise or offer to sell goods and services.

USER GENERATED CONTRIBUTIONS

The Site may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Site, including but not limited to text, writings, video, audio, photographs,
graphics, comments, suggestions, or personal information or other material (collectively, “Contributions”). Contributions may be viewable by other users of the Site and through third-party websites. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary. When you create or make available any Contributions, you thereby represent and warrant that:

  • The creation, distribution, transmission, public display, or
    performance, and the accessing, downloading, or copying of your
    Contributions do not and will not infringe the proprietary rights,
    including but not limited to the copyright, patent, trademark, trade
    secret, or moral rights of any third party.
  • You are the creator and owner of or have the necessary licenses,
    rights, consents, releases, and permissions to use and to authorize
    us, the Site, and other users of the Site to use your Contributions in
    any manner contemplated by the Site and these Terms and
    Conditions.
  • You have the written consent, release, and/or permission of each
    and every identifiable individual person in your Contributions to use
    the name or likeness of each and every such identifiable individual
    person to enable inclusion and use of your Contributions in any
    manner contemplated by the Site and these Terms and Conditions.
  • Your Contributions are not false, inaccurate, or misleading.
  • Your Contributions are not unsolicited or unauthorized advertising,
    promotional materials, pyramid schemes, chain letters, spam, mass
    mailings, or other forms of solicitation.
  • Your Contributions are not obscene, lewd, lascivious, filthy, violent,
  • harassing, libelous, slanderous, or otherwise objectionable (as
  • determined by us).
  • Your Contributions do not ridicule, mock, disparage, intimidate, or
  • abuse anyone.
  • Your Contributions are not used to harass or threaten (in the legal
  • sense of those terms) any other person and to promote violence
  • against a specific person or class of people.
  • Your Contributions do not violate any applicable law, regulation, or
  • rule.
  • Your Contributions do not violate the privacy or publicity rights of any
  • third party.
  • Your Contributions do not violate any applicable law concerning child
  • pornography, or otherwise intended to protect the health or well-
  • being of minors.
  • Your Contributions do not include any offensive comments that are
  • connected to race, national origin, gender, sexual preference, or
  • physical handicap.
  • Your Contributions do not otherwise violate, or link to material that
  • violates, any provision of these Terms and Conditions, or any
  • applicable law or regulation.
  • Any use of the Site in violation of the foregoing violates these Terms and
  • Conditions and may result in, among other things, termination or
  • suspension of your rights to use the Site.

CONTRIBUTION LICENSE

By posting your Contributions to any part of the Site, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use, copy. reproduce. disclose, sell. resell, publish, broadcast. retitle, transmit, excerpt (in whole or in part), and distribute such Contributions
(including, without limitation, your image and voice) for any purpose,
commercial, advertising, or otherwise, and to prepare derivative works of,
or incorporate into other works, such Contributions, and grant and
authorize sublicenses of the foregoing. The use and distribution may occur
in any media formats and through any media channels.

This license will apply to any form, media, or technology now known or
hereafter developed, and includes our use of your name, company name,
and franchise name, as applicable, and any of the trademarks, service
marks, trade names, logos, and personal and commercial images you
provide. You waive all moral rights in your Contributions, and you warrant
that moral rights have not otherwise been asserted in your Contributions.
We do not assert any ownership over your Contributions. You retain full
ownership of all of your Contributions and any intellectual property rights or
other proprietary rights associated with your Contributions. We are not
liable for any statements or representations in your Contributions provided
by you in any area on the Site. You are solely responsible for your
Contributions to the Site and you expressly agree to exonerate us from any
and all responsibility and to refrain from any legal action against us
regarding your Contributions.

We have the right, in our sole and absolute discretion, (1) to edit, redact, or
otherwise change any Contributions; (2) to re-categorize any Contributions
to place them in more appropriate locations on the Site; and (3) to pre-
screen or delete any Contributions at any time and for any reason, without
notice. We have no obligation to monitor your Contributions.

  1. MOBILE APPLICATION LICENSE

Use License

If you access the Site via a mobile application, then we grant you a
revocable, non-exclusive, non-transferable, limited right to install and use
the mobile application on wireless electronic devices owned or controlled
by you, and to access and use the mobile application on such devices
strictly in accordance with the terms and conditions of this mobile
application license contained in these Terms and Conditions. You shall not:
(1) except as permitted by applicable law, decompile, reverse engineer,
disassemble, attempt to derive the source code of, or decrypt the
application; (2) make any modification, adaptation, improvement,
enhancement, translation, or derivative work from the application; (3)
violate any applicable laws, rules, or regulations in connection with your
access or use of the application; (4) remove, alter, or obscure any
proprietary notice (including any notice of copyright or trademark) posted
by us or the licensors of the application; (5) use the application for any
revenue generating endeavor, commercial enterprise, or other purpose for
which it is not designed or intended; (6) make the application available over
a network or other environment permitting access or use by multiple
devices or users at the same time; (7) use the application for creating a
product, service, or software that is, directly or indirectly, competitive with or
in any way a substitute for the application; (8) use the application to send
automated queries to any website or to send any unsolicited commercial e-
mail; or (9) use any proprietary information or any of our interfaces or our
other intellectual property in the design, development, manufacture,
licensing, or distribution of any applications, accessories, or devices for use
with the application.

Apple and Android Devices

The following terms apply when you use a mobile application obtained from
either the Apple Store or Google Play (each an “App Distributor’) to access
the Site: (1) the license granted to you for our mobile application is limited to a non-transferable license to use the application on a device that utilizes
the Apple iOS or Android operating systems, as applicable, and in
accordance with the usage rules set forth in the applicable App Distributor’s
terms of service; (2) we are responsible for providing any maintenance and
support services with respect to the mobile application as specified in the
terms and conditions of this mobile application license contained in these
Terms and Conditions or as otherwise required under applicable law, and
you acknowledge that each App Distributor has no obligation whatsoever to
furnish any maintenance and support services with respect to the mobile
application; (3) in the event of any failure of the mobile application to
conform to any applicable warranty, you may notify the applicable App
Distributor, and the App Distributor, in accordance with its terms and
policies, may refund the purchase price, if any, paid for the mobile
application, and to the maximum extent permitted by applicable law, the
App Distributor will have no other warranty obligation whatsoever with
respect to the mobile application; (4) you represent and warrant that (i) you
are not located in a country that is subject to a U.S. government embargo,
or that has been designated by the U.S. government as a “terrorist
supporting” country and (ii) you are not listed on any U.S. government list
of prohibited or restricted parties; (5) you must comply with applicable third-
party terms of agreement when using the mobile application, e.g., if you
have a VoIP application, then you must not be in violation of their wireless
data service agreement when using the mobile application; and (6) you
acknowledge and agree that the App Distributors are third-party
beneficiaries of the terms and conditions in this mobile application license
contained in these Terms and Conditions, and that each App Distributor will
have the right (and will be deemed to have accepted the right) to enforce
the terms and conditions in this mobile application license contained in
these Terms and Conditions against you as a third-party beneficiary
thereof.

  1. SUBMISSIONS

You acknowledge and agree that any questions, comments, suggestions,
ideas, feedback, or other information regarding the Site (“Submissions”)
provided by you to us are non-confidential and shall become our sole
property. We shall own exclusive rights, including all intellectual property
rights, and shall be entitled to the unrestricted use and dissemination of
these Submissions for any lawful purpose, commercial or otherwise,
without acknowledgment or compensation to you. You hereby waive all
moral rights to any such Submissions, and you hereby warrant that any
such Submissions are original with you or that you have the right to submit
such Submissions. You agree there shall be no recourse against us for any
alleged or actual infringement or misappropriation of any proprietary right in
your Submissions.

  1. U.S. GOVERNMENT RIGHTS

Our services are “commercial items” as defined in Federal Acquisition
Regulation (“FAR”) 2.101. If our services are acquired by or on behalf of
any agency not within the Department of Defense (“DOD”), our services are
subject to the terms of these Terms and Conditions in accordance with FAR
12.212 (for computer software) and FAR 12.211 (for technical data). If our
services are acquired by or on behalf of any agency within the Department
of Defense, our services are subject to the terms of these Terms and
Conditions in accordance with Defense Federal Acquisition Regulation
(“DFARS”) 227.7202-3. In addition, DFARS 252.227-7015 applies to
technical data acquired by the DOD. This U.S. Government Rights clause
is in lieu of, and supersedes, any other FAR, DFARS, or other clause or
provision that addresses government rights in computer software or
technical data under these Terms and Conditions.

  1. SITE MANAGEMENT

We reserve the right, but not the obligation, to: (1) monitor the Site for
violations of these Terms and Conditions; (2) take appropriate legal action
against anyone who, in our sole discretion, violates the law or these Terms
and Conditions, including without limitation, reporting such user to law
enforcement authorities; (3) in our sole discretion and without limitation,
refuse, restrict access to, limit the availability of, or disable (to the extent
technologically feasible) any of your Contributions or any portion thereof;
(4) in our sole discretion and without limitation, notice, or liability, to remove
from the Site or otherwise disable all files and content that are excessive in
size or are in any way burdensome to our systems; and (5) otherwise
manage the Site in a manner designed to protect our rights and property
and to facilitate the proper functioning of the Site.

  1. PRIVACY POLICY

We care about data privacy and security. Please review our Privacy Policy:
hotblueberrypie.com/privacy. By using the Site, you agree to be bound
by our Privacy Policy, which is incorporated into these Terms and
Conditions. Please be advised the Site is hosted in the United States. If you
access the Site from any other region of the world with laws or other
requirements governing personal data collection, use, or disclosure that
differ from applicable laws in the United States, then through your
continued use of the Site, you are transferring your data to the United
States, and you agree to have your data transferred to and processed in
the United States.

  1. COPYRIGHT INFRINGEMENTS

We respect the intellectual property rights of others. If you believe that any
material available on or through the Site infringes upon any copyright you
own or control, please immediately notify us using the contact information
provided below (a “Notification”). A copy of your Notification will be sent to
the person who posted or stored the material addressed in the Notification.
Please be advised that pursuant to applicable law you may be held liable
for damages if you make material misrepresentations in a Notification.
Thus, if you are not sure that material located on or linked to by the Site
infringes your copyright, you should consider first contacting an attorney.

  1. TERM AND TERMINATION

These Terms and Conditions shall remain in full force and effect while you
use the Site. WITHOUT LIMITING ANY OTHER PROVISION OF THESE
TERMS AND CONDITIONS, WE RESERVE THE RIGHT TO, IN OUR
SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY
ACCESS TO AND USE OF THE SITE (INCLUDING BLOCKING CERTAIN
IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO
REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY
REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN
THESE TERMS AND CONDITIONS OR OF ANY APPLICABLE LAW OR
REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN
THE SITE OR DELETE YOUR ACCOUNT AND ANY CONTENT OR
INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING,
IN OUR SOLE DISCRETION.

If we terminate or suspend your account for any reason, you are prohibited
from registering and creating a new account under your name, a fake or
borrowed name, or the name of any third party, even if you may be acting
on behalf of the third party. In addition to terminating or suspending your
account, we reserve the right to take appropriate legal action, including
without limitation pursuing civil, criminal, and injunctive redress.

  1. MODIFICATIONS AND INTERRUPTIONS

We reserve the right to change, modify, or remove the contents of the Site
at any time or for any reason at our sole discretion without notice. However,
we have no obligation to update any information on our Site. We also
reserve the right to modify or discontinue all or part of the Site without
notice at any time. We will not be liable to you or any third party for any
modification, price change, suspension, or discontinuance of the Site.

We cannot guarantee the Site will be available at all times. We may
experience hardware, software, or other problems or need to perform
maintenance related to the Site, resulting in interruptions, delays, or errors.
We reserve the right to change, revise, update, suspend, discontinue, or
otherwise modify the Site at any time or for any reason without notice to
you. You agree that we have no liability whatsoever for any loss, damage,
or inconvenience caused by your inability to access or use the Site during
any downtime or discontinuance of the Site. Nothing in these Terms and
Conditions will be construed to obligate us to maintain and support the Site
or to supply any corrections, updates, or releases in connection therewith.

  1. GOVERNING LAW

These Terms and Conditions and your use of the Site are governed by and
construed in accordance with the laws of the State of Utah applicable to
agreements made and to be entirely performed within the State of Utah,
without regard to its conflict of law principles.

  1. DISPUTE RESOLUTION

Binding Arbitration

If the Parties are unable to resolve a Dispute through informal negotiations,
the Dispute (except those Disputes expressly excluded below) will be finally
and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT
WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE
IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced
and conducted under the Commercial Arbitration Rules of the American
Arbitration Association (“AAA”) and, where appropriate, the AAA’s
Supplementary Procedures for Consumer Related Disputes (“AAA
Consumer Rules”), both of which are available at the AAA website
www.adr.org. Your arbitration fees and your share of arbitrator
compensation shall be governed by the AAA Consumer Rules and, where
appropriate, limited by the AAA Consumer Rules. If such costs are
determined by the arbitrator to be excessive, we will pay all arbitration fees
and expenses. The arbitration may be conducted in person, through the
submission of documents, by phone, or online. The arbitrator will make a
decision in writing, but need not provide a statement of reasons unless
requested by either Party. The arbitrator must follow applicable law, and
any award may be challenged if the arbitrator fails to do so. Except where
otherwise required by the applicable AAA rules or applicable law, the
arbitration will take place in Utah, Utah. Except as otherwise provided
herein, the Parties may litigate in court to compel arbitration, stay
proceedings pending arbitration, or to confirm, modify, vacate, or enter
judgment on the award entered by the arbitrator.

If for any reason, a Dispute proceeds in court rather than arbitration, the
Dispute shall be commenced or prosecuted in the state and federal

courts located in Utah, Utah, and the Parties hereby consent to, and waive
all defenses of lack of personal jurisdiction, and forum non conveniens with
respect to venue and jurisdiction in such state and federal courts.
Application of the United Nations Convention on Contracts for the
International Sale of Goods and the Uniform Computer Information
Transaction Act (UCITA) are excluded from these Terms and Conditions.

In no event shall any Dispute brought by either Party related in any way to
the Site be commenced more than one (1) years after the cause of action
arose. If this provision is found to be illegal or unenforceable, then neither
Party will elect to arbitrate any Dispute falling within that portion of this
provision found to be illegal or unenforceable and such Dispute shall be
decided by a court of competent jurisdiction within the courts listed for
jurisdiction above, and the Parties agree to submit to the personal
jurisdiction of that court.

Restrictions

The Parties agree that any arbitration shall be limited to the Dispute
between the Parties individually. To the full extent permitted by law, (a) no
arbitration shall be joined with any other proceeding; (b) there is no right or
authority for any Dispute to be arbitrated on a class-action basis or to utilize
class action procedures; and (c) there is no right or authority for any
Dispute to be brought in a purported representative capacity on behalf of
the general public or any other persons.

Exceptions to Arbitration

The Parties agree that the following Disputes are not subject to the above
provisions concerning binding arbitration: (a) any Disputes seeking to
enforce or protect, or concerning the validity of, any of the intellectual
property rights of a Party; (b) any Dispute related to, or arising from,
allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c)
any claim for injunctive relief. If this provision is found to be illegal or
unenforceable, then neither Party will elect to arbitrate any Dispute falling
within that portion of this provision found to be illegal or unenforceable and
such Dispute shall be decided by a court of competent jurisdiction within
the courts listed for jurisdiction above, and the Parties agree to submit to
the personal jurisdiction of that court.

  1. CORRECTIONS

There may be information on the Site that contains typographical errors,
inaccuracies, or omissions, including descriptions, pricing, availability, and
various other information. We reserve the right to correct any errors,
inaccuracies, or omissions and to change or update the information on the
Site at any time, without prior notice.

  1. DISCLAIMER

THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU
AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES WILL BE
AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW,
WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN
CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING,
WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND
NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR
REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF
THE SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED
TO THE SITE AND WE WILL ASSUME NO LIABILITY OR
RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR
INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL
INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER,
RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (3) ANY
UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS
AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL
INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR
CESSATION OF TRANSMISSION TO OR FROM THE SITE, (5) ANY
BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE
TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY,
AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND
MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY
HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING,AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY
THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

  1. LIMITATIONS OF LIABILITY

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR
AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT,
INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL,
OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE,
LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF
THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE
CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY
CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE
ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF
ANY, BY YOU TO US DURING THE SIX (6) MONTH PERIOD PRIOR TO
ANY CAUSE OF ACTION ARISING. CERTAIN US STATE LAWS AND
INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED
WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN
DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE
ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND
YOU MAY HAVE ADDITIONAL RIGHTS.

  1. INDEMNIFICATION

You agree to defend, indemnify, and hold us harmless, including our
subsidiaries, affiliates, and all of our respective officers, agents, partners,
and employees, from and against any loss, damage, liability, claim, or
demand, including reasonable attorneys’ fees and expenses, made by any
third party due to or arising out of: (1) your Contributions; (2) use of the
Site; (3) breach of these Terms and Conditions; (4) any breach of your
representations and warranties set forth in these Terms and Conditions; (5)
your violation of the rights of a third party, including but not limited to
intellectual property rights; or (6) any overt harmful act toward any other
user of the Site with whom you connected via the Site. Notwithstanding the
foregoing, we reserve the right, at your expense, to assume the exclusive
defense and control of any matter for which you are required to indemnify
us, and you agree to cooperate, at your expense, with our defense of such
claims. We will use reasonable efforts to notify you of any such claim,
action, or proceeding which is subject to this indemnification upon
becoming aware of it.

  1. USER DATA

We will maintain certain data that you transmit to the Site for the purpose of
managing the performance of the Site, as well as data relating to your use
of the Site. Although we perform regular routine backups of data, you are
solely responsible for all data that you transmit or that relates to any activity
you have undertaken using the Site. You agree that we shall have no
liability to you for any loss or corruption of any such data, and you hereby
waive any right of action against us arising from any such loss or corruption
of such data.

  1. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

Visiting the Site, sending us emails, and completing online forms constitute
electronic communications. You consent to receive electronic
communications, and you agree that all agreements, notices, disclosures,
and other communications we provide to you electronically, via email and
on the Site, satisfy any legal requirement that such communication be in
writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC
SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND
TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS
OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE
SITE. You hereby waive any rights or requirements under any statutes,
regulations, rules, ordinances, or other laws in any jurisdiction which
require an original signature or delivery or retention of non-electronic
records, or to payments or the granting of credits by any means other than
electronic means.

  1. CALIFORNIA USERS AND RESIDENTS

if any complaint with us is not satisfactorily resolved, you can contact the
Complaint Assistance Unit of the Division of Consumer Services of the
California Department of Consumer Affairs in writing at 1625 North Market
Bivd., Suite N 112, Sacramento, California 95834 or by telephone at (800)
952-5210 or (916) 445-1254.

  1. MISCELLANEOUS

These Terms and Conditions and any policies or operating rules posted by
us on the Site or in respect to the Site constitute the entire agreement and
understanding between you and us. Our failure to exercise or enforce any
right or provision of these Terms and Conditions shall not operate as a waiver of such right or provision. These Terms and Conditions operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms and Conditions is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms and Conditions and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms and Conditions or use of the Site. You agree that these Terms and Conditions will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms and Conditions and the lack of signing by the parties hereto to execute these Terms and Conditions.

  1. CONTACT US

In order to resolve a complaint regarding the Site or to receive further
information regarding use of the Site, please contact us at:

Blueberry Pie LLC
1051 Fir Ave
Provo, UT 84604
United States

[email protected]