Terms & Conditions
Terms & Conditions
Please review these Terms & Conditions before accessing or using BlueMonsterPrep.com’s website. Throughout the site, the terms “we”, “us” and “our” refer to Blue Monster Prep. All access and use of the website (including mobile websites) is governed by these Terms & Conditions, including any policies and notices linked or referenced herein. Accessing BlueMonsterPrep.com’s website in any way, including browsing, using any information, tools, and services available from the website, and/or submitting information to Blue Monster Prep indicates that you have reviewed all of the website’s Terms & Conditions and have agreed to be bound by these terms, conditions, policies, and notices including, but not limited to, transactions, communications, disclaimers of warranties, damage and remedy exclusions and limitations, and shall be governed by and in accordance with the laws of the County of Los Angeles, in the State of California.
Changes to Products, Prices, and Terms & Conditions
Blue Monster Prep reserves the right, at our sole discretion, to update, replace, or make any changes to the website, information, products, prices, features, any content, and these Terms & Conditions at any time, without notice and without liability.
Information regarding product descriptions, pictures, and specifications are for general guidance only. Manufacturers frequently update and change their existing products, as well as add and discontinue products. Blue Monster Prep makes every effort to keep all product information, including item descriptions and colors, as current as possible. Product images are provided by the manufacturer and Blue Monster Prep does not guarantee that you will receive the product exactly as it is pictured.
Your use of BlueMonsterPrep.com’s website after any changes to products, prices, content, and these Terms & Conditions are posted represents your agreement to any such changes. It is your responsibility to review these Terms & Conditions from time to time to ensure that you are familiar with the most current version.
Blue Monster Prep's acceptance of any order is subject to customer's agreement to all of the terms and conditions as set forth herein. Any and all other opposing changes of terms and conditions are explicitly rejected; no addition or changes of terms and conditions shall be binding upon Blue Monster Prep unless agreed to by Blue Monster Prep in writing.
Accuracy, completeness, and timeliness of information
By accessing or linking to BlueMonsterPrep.com’s website, you take responsibility for the risk that the information may be incomplete, outdated, contain inaccuracies, or may not meet your all of your needs and requirements. Blue Monster Prep may add, modify, discontinue, remove or suspend any of the information, products, prices, features, and any other content included on the website at any time, without notice and without liability, including after an order has been submitted. Blue Monster Prep reserves the right to refuse any order without limitation, and for any reason. Because of the potential for errors in the transmission and storage of digital information, Blue Monster Prep does not guarantee the accuracy of information included in, or obtained from the website.
Online Store Terms
By agreeing to these Terms & Conditions, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the website, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms & Conditions will result in an immediate termination of your Services.
General Conditions
We reserve the right to refuse service to anyone for any reason at any time. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of Blue Monster Prep’s website, use of the website, or access to the website or any contact on the website through which service is provided, without express written permission from Blue Monster Prep.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms & Conditions.
Customer Accounts
Government Agencies, Municipal Organizations, Police, Fire/EMS, Hospitals, Schools, and Businesses in good standing are eligible to set up a Customer Account with Net 30 Terms. New business customers placing their first order may be asked to make payment with a credit card in advance while their company goes through the credit approval process.
Request For Quote(s)
Blue Monster Prep is happy to provide you with a quote, or even Special Pricing Discounts for large volume orders. Contact us directly by phone at (800) 876-7816 or email info@BlueMonsterPrep.com
All requests for quote(s) should include the following information:
- Customer Name
- Organization Name
- Phone number
- Email Address
- Complete Shipping/Billing Address
- Item Numbers and Descriptions
- Quantities of Each Item Needed
Purchase Orders
Blue Monster Prep accepts Purchase Orders as a form of placing an order. It is the customer’s responsibility to make sure that all information on the Purchase Order including product names, item numbers, descriptions, prices, and billing and shipping addresses are correct and accurate prior to placing the order. All purchase orders accepted by Blue Monster Prep must adhere to the conditions listed under “Payment Terms”.
Not all Purchase Orders will automatically be accepted by Blue Monster Prep. Due to lack of credit information, lack of customer purchase history, years of operation, and other factors, some customers may be required to provide payment in advance prior to their order being shipped. In such cases, Blue Monster Prep will contact the Purchasing Department listed on the Purchase Order to make payment arrangements.
Purchase Orders that have already been submitted to Blue Monster Prep cannot be cancelled without our approval in writing. The customer agrees that by placing a Purchase Order with Blue Monster Prep, they are guaranteeing the purchase of all listed products. The customer also acknowledges that they are responsible to make all required payments within 30 days from the date of puchase in accordance with “Payment Terms”. The customer further agrees that submission of its order shall subject the customer to the jurisdiction of the federal courts of the United States and of the state of California.
Payment Terms
Blue Monster Prep offers Net 30 payment terms on approved Purchase Orders. It is the sole discretion of Blue Monster Prep as to which customers qualify for Net 30 payment terms. The customer may be required to fill out a credit application and provide a list of references before being approved for credit terms. Some banks also require a fee for releasing companies’ credit information. In this event, it is the policy of Blue Monster Prep policy to not pay for credit application bank processing fees.
If credit is not established, pre-payment by check or credit card will be needed at the time the order is placed. Blue Monster Prep accepts Visa, MasterCard, Discover, American Express, and PayPal. All payments must be made in US dollars only.
Any payment not received by the due date indicated on the invoice will result in an additional charge of 1.5% per month. In the event of a seriously delinquent payment, the customer is responsible for any and all costs of collection, including reasonable attorneys fees incurred during the collection process.
Sales Tax
All orders shipped to customers in the state California will be subject to a 9.00% sales tax, unless the customer provides a Tax Exempt Certificate. Blue Monster Prep does not collect sales tax on any orders shipped outside the state of California.
Orders Placed By Individuals
All orders for individuals must be paid in full in advance including shipping charges and state tax where applicable. California residents will be charged a 9.00% sales tax. Payment by check, money order or credit card is accepted.
Blue Monster Prep will NOT add a credit card surcharge to your order.
Please note: Payment by personal check will delay the processing and shipment of your order. Any order paid with a personal check will be delayed for ten banking days after we deposit the check into our bank account, and it has been determined that the funds have cleared. This is to verify that the check has not been returned because of "insufficient funds". We thank you for your patience and understanding if you pay by personal check.
Ordering Options
Placing an order with Blue Monster Prep is easy!
- Order securely online 24 hours a day using your Visa, Master Card, Discover, American Express Card, or PayPal Account.
- Order by calling us toll-free at (800) 876-7816.
- Email a Purchase Order to us at info@bluemonsterprep.com
- Fax a Purchase Order to us at (909) 599-2324.
- Mail a Purchase Order to us at:
Blue Monster Prep
2105 Foothill Blvd, Suite B-108
La Verne, CA 91750
Accuracy of Billing and Account Information
Blue Monster Prep reserves the right to refuse any order without limitation, and for any reason. Blue Monster Prep, in its sole discretion, may limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. Blue Monster Prep reserves the right to limit or prohibit orders that, in our sole judgement, appear to be placed by dealers, resellers or distributors.
The customer agrees to provide current, complete and accurate purchase and account information for all purchases made at our store. The customer agrees to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
Third Party Links
Certain content, products and services available via Blue Monster Prep may include materials from third parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. Blue Monster Prep is not responsible for examining or evaluating the content or accuracy, and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
Blue Monster Prep is not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
User Comments, Feedback and Other Submissions
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that Blue Monster Prep may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. Blue Monster Prep is and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
Blue Monster Prep may, but has no obligation to, monitor, edit or remove content that we determine in our sole discretion is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms and Conditions.
The customer agrees that their comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. The customer further agrees that their comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of Blue Monster Prep or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. Blue Monster Prep shall not be liable for any comments posted by you or any third-party.
Personal Information
Your submission of personal information through Blue Monster Prep’s website is governed by our Privacy Policy.
Copyright
All content included on this website, such as logos, tag lines, slogans, text, graphics, images, button icons, audio clips, videos, digital downloads, data, and software, is the sole property of Blue Monster Prep or its content providers and is protected by United States and international copyright laws. The collection of all content on this site is the exclusive property of Blue Monster Prep and is protected by United States and international copyright laws. All software incorporated on this website is the sole property of Blue Monster Prep or its software providers and is protected by United States and international copyright laws.
Trademarks
Blue Monster Prep’s logos, tag lines, slogans, graphics, page headers and footers, button icons, scripts, and service names are trademarks of Blue Monster Prep or parties that have consented to allow us to post information about their products and services. Blue Monster Prep’s trademarks may not be used in affiliation with any product or service in any way that is likely to cause confusion among customers, reduces the value of the Blue Monster Prep trademark or brand, or denigrates or harms the reputation of Blue Monster Prep. Any other trademarks not owned by Blue Monster Prep that can be viewed on this website are the property of their individual owners, who may or may not be affiliated with, or supported by Blue Monster Prep.
License and Site Access
Blue Monster Prep allows you a limited license to access and use of this website and not to download (other than page caching) or change the website, or any area of the website, except with the express written permission of Blue Monster Prep. This limited license does not include any reseller or commercial use of this website or its contents, any collection and use of any products, product descriptions, information, or prices, any copied use of this website or its contents; any downloading or copying of account information for the advantage of any other commercial enterprise; or any use of data mining, metadata mining, data collection, robots, or comparable data harvesting and extraction tools.
Blue Monster Prep’s website or any portion of this website may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise used for any commercial purpose without the express written consent of Blue Monster Prep. You may not frame or utilize any framing method to include or surround any trademark, logo, tag line, slogans, or other proprietary information including images, graphics, text, content, page layout, page headers and footers, or form of Blue Monster Prep and our product suppliers without express written permission. You may not use any meta-tags or any other concealed code using Blue Monster Prep’s name or trademarks without the express written permission of Blue Monster Prep. Any unauthorized use terminates the limited license allowed by Blue Monster Prep. You are allowed a limited, revocable, and nonexclusive permission to create a link to the home page of BlueMonsterPrep.com as long as the link does not represent Blue Monster Prep, any affiliates, product manufacturers or their products in a false, deceptive, disparaging, inappropriate, or any other offensive way. You may not use any portion of the Blue Monster Prep logo, tag line, slogan or other proprietary trademark or graphic as part of any link without express written consent from Blue Monster Prep.
Prohibited Uses
In addition to other prohibitions as set forth in the Terms Conditions, the customer is prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of Blue Monster Prep’s website or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of Blue Monster Prep’s website or any related website, other websites, or the Internet. We reserve the right to terminate your use of Blue Monster Prep’s website or any related website for violating any of the prohibited uses.
Disclaimer of Warranties; Limitation of Liability
Blue Monster Prep does not guarantee, represent or warrant that your use of our website will be uninterrupted, timely, secure or error-free.
Blue Monster Prep does not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
The customer agrees that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
The customer expressly agrees that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Blue Monster Prep, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
Local Safety Standards and Regulations
Products and Services provided by Blue Monster Prep are designed to meet stated U.S. safety standards and regulations. Because local safety standards and regulations may change significantly, Blue Monster Prep cannot guarantee that our products and services meet all applicable requirements in each area. The customer assumes full responsibility for compliance with any and all safety standards and regulations in those areas in which the products will be shipped, sold and used. Before purchase and use of a product or service, the customer is responsible for thoroughly reviewing and understanding the product instructions, operations manual, application(s) for use, and national and local codes and regulations, and ensuring that the product, installation, and use will comply with all applicable codes, ordinances, laws, and regulations.
Export Controls / Regulations
The customer acknowledges that they are not designated on, affiliated with, or in any way linked to, any party designated on any of the U.S. government restricted parties lists, including without limitation, the Entity List or Unverified List, the U.S. Commerce Department Bureau of Industry and Security (BIS) Denied Persons List, the U.S. State Department Directorate of Defense Trade Controls (DDTC) Debarred Parties List, or the U.S. Treasury Department Office of Foreign Assets Control (OFAC) Specially Designated Nationals and Blocked Persons List. The customer shall comply with all applicable U.S. economic sanctions and export control laws and regulations, including without limitation, all Export Administration Regulations governed by BIS, all International Traffic in Arms Regulations governed by DDTC, and all regulations governed by OFAC.
Force Majeure
Blue Monster Prep shall not be liable for any delay in, impairment of, or performance resulting in any way from any force majeure event, including, but not limited to acts of God, acts of war, acts of terrorism (whether actual or threatened), governmental decrees or controls, insurrections, labor disruptions, epidemics, quarantines, shortages, communication or power failures, fires, severe storms, severe weather, hurricanes, accidents, earthquakes, explosions, inability to procure or ship product or obtain permits and licenses, inability to procure supplies, parts, or raw materials, severe weather conditions, catastrophic events, or any other circumstances or causes beyond the reasonable control of Blue Monster Prep in the conduct of its business.
Indemnification
The customer agrees to indemnify, defend and hold harmless Blue Monster Prep and any subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claims, demands, damages and expenses, including reasonable attorneys’ fees and costs, made by any third-party due to or arising out of your breach of these Terms and Conditions or the documents they incorporate by reference, from the use of User Content that you submitted, or otherwise provided to Blue Monster Prep, or your violation of any law or the rights of a third-party.
Severability
In the event that any provision of these Terms and Conditions is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms and Conditions. Any such determination shall not affect the validity and enforceability of any other remaining provisions.
Entire Agreement
The failure of Blue Monster Prep to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. These Terms and Conditions and any policies or operating rules posted by Blue Monster Prep on this website or in respect to our company constitutes the entire agreement and understanding between you and Blue Monster Prep and govern your use of the website, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms and Conditions).
Any ambiguities in the interpretation of these Terms and Conditions shall not be construed against the drafting party.
Dispute Resolution
Actions by Blue Monster Prep for non-payment by customer of the purchase price of products sold by Blue Monster Prep, or for redress of other violations by customer of these Terms and Conditions may be brought by Blue Monster Prep, at its discretion, before any U.S. or foreign judicial court of appropriate jurisdiction. At Blue Monster Prep’s discretion, disputes between customer and Blue Monster Prep, including all claims for non-performance by Blue Monster Prep, shall be finally settled by arbitration in Los Angeles County, in the state of California, U.S., in agreement with the Commercial Arbitration Rules (“Rules”) of the American Arbitration Association, by a single arbitrator appointed in agreement with said Rules, applying these Terms and Conditions and consistent provisions of the federal and state laws (except conflict of law rules) of the state of California, United States. The arbitration shall be in the English language.
Governing Law; Limitations
The rights and obligations of all parties under these Terms and Conditions shall not be regulated by any provisions of the 1980 United Nations Convention of Contracts for the International Sale of Goods or the United Nations Convention on the Limitation Period in the International Sale of Goods. Instead, these Terms and Conditions shall be regulated by the laws of the County of Los Angeles, in the state of California, United States. Notwithstanding the aforementioned, any legal action by customer with regards to any transaction must be initiated within one (1) year after the grounds for the action occurred.
These Terms and Conditions, and any separate agreements whereby Blue Monster Prep provided the customer products and services shall be governed by and construed in accordance with the laws of the County of Los Angeles, in the state of California, United States.
