Terms Of Service

Terms of Use - www.blubearauto.comTERMS OF USE AGREEMENTTHE FOLLOWING DESCRIBES THE TERMS ON WHICH YOU MAY HAVE ACCESS TO BLUBEAR AUTO AND MEMBERSHIP. THIS AGREEMENT (THIS "AGREEMENT") BY AND BETWEEN BLUBEAR AUTO ("BLUBEAR AUTO") AND THE PERSON OR ENTITY IDENTIFIED ABOVE AS THE APPLICANT/BUYER ("BUYER") IS ENTERED INTO AND EFFECTIVE ON THE DATE OF APPROVAL OF THE BLUBEAR AUTO DEALER APPLICATION (THE "MEMBERSHIP"). THIS AGREEMENT DOES AND SHALL CONTINUE TO GOVERN, REGULATE AND CONTROL THE DEALINGS AND TRANSACTIONS BETWEEN THE PARTIES HERETO WITH RESPECT TO ALL PURCHASES BY OR ON BEHALF OF BUYER OF GOODS (INCLUDING FUTURE GOODS) SOLD AND TO BE SOLD BY BLUBEAR AUTO.1. FOUNDATIONBLUBEAR AUTO IS A COPYRIGHTED AND REGISTERED WEBSITE, THE OWNER OF BLUBEAR AUTO IS BLUBEAR AUTO. FROM HEREIN, BLUBEAR AUTO . AND BLUBEAR AUTO WEBSITE WILL BE REFERRED AS "BLUBEAR AUTO"2. RESERVATIONALL INFORMATION AND PICTURES ON THE WEBSITE OF "BLUBEAR AUTO" IS RESERVED. ALL FINISHED PRODUCT THAT IS SHIPPED TO A PURCHASER IS RESERVED AND COPYRIGHTED. ANY DUPLICATION, COPYING, DISTRIBUTION OF BLUBEAR AUTO WITHOUT A WRITTEN CONSENT IS ILLEGAL, AND CHARGES WILL BE FILED TOWARDS THE VIOLATOR(S).3. CUSTOMER SECURITYCUSTOMER(S), USERS AND/OR MEMBERS OF BLUBEAR AUTO MUST AGREE TO ALL THE TERMS AND CONDITIONS BEFORE USING ANY SERVICES PROVIDED BY BLUBEAR AUTO4. PICTURESALL PICTURES MAY NOT REPRESENT THE ACTUAL PRODUCT, THE PICTURES ARE FOR ADVERTISING PURPOSES ONLY.5. INFORMATION POLICIESINFORMATION REGARDING AVAILABILITY OF PRODUCTS, PRICES, PHONE NUMBERS, EMAILS, ETC., ARE SUBJECT TO CHANGE WITHOUT NOTICE AT ALL TIMES. CHARGES, AND POLICIES MAY BE CHANGED BY BLUBEAR AUTO AT ITS SOLE DISCRETION.6. ORDER PROCEDUREALL ORDERS BY BUYER FOR GOODS FROM BLUBEAR AUTO IN ANY FORM (COLLECTIVELY "PURCHASE ORDERS") SHALL BE SUBJECT TO ACCEPTANCE BY BLUBEAR AUTO, AND BE GOVERNED BY THIS STATEMENT OF TERMS AND CONDITIONS OF SALE.BLUBEAR AUTO MAY ACCEPT A PURCHASE ORDER IN WHOLE OR IN PART BY DELIVERING A WRITTEN ACCEPTANCE TO BUYER OR BY COMMENCING PERFORMANCE, INCLUDING SETTING ASIDE, SHIPPING OR DELIVERING SOME OR ALL OF THE GOODS THAT ARE THE SUBJECT OF THE PURCHASE ORDER. BLUBEAR AUTO'S ACCEPTANCE MAY BE CONDITIONED IN SUCH MANNER AS BLUBEAR AUTO MAY SPECIFY. IF BLUBEAR AUTO ACCEPTS A PURCHASE ORDER ONLY IN PART, OR IS WILLING OR ABLE TO DELIVER ONLY A PORTION OF THE GOODS ORDERED, THE PURCHASE ORDER SHALL BE EFFECTIVE AND DEEMED TO BE MODIFIED TO ACCOMMODATE THAT PORTION OF THE GOODS ORIGINALLY SPECIFIED THEREIN. ANY AND ALL TERMS AND CONDITIONS NOTED ON ANY WRITTEN PURCHASE ORDER FROM BUYER THAT ARE INCONSISTENT WITH THE TERMS AND CONDITIONS AS SET FORTH HEREIN SHALL BE VOID UNLESS SPECIFICALLY AGREED TO IN WRITING BY BLUBEAR AUTO.7. PRICESBUYER MAY VIEW THE MOST UP TO DATE PRICING ON THE BLUBEAR AUTO WEBSITE (WWW.BLUBEAR AUTO.COM), THE PRICES LISTED FOR THE BUYER IS UNDER THE YOUR PRICE ("CONFIDENTIAL PRICE QUOTATION"). IN ADDITION, BUYER MAY RECEIVE FROM TIME TO TIME BLUBEAR AUTO'S SUGGESTED RETAIL PRICE (MSRP) FOR THE GOODS BEING SOLD BY BLUBEAR AUTO TO BUYER PURSUANT HERETO. BUYER'S DELIVERY OF A PURCHASE ORDER TO BLUBEAR AUTO SHALL CONSTITUTE BUYER'S ACCEPTANCE OF THE CONFIDENTIAL PRICE QUOTATION. THE CONFIDENTIAL PRICE QUOTATION AND MSRP ARE TO BE CONSIDERED PROPRIETARY INFORMATION BETWEEN BUYER AND BLUBEAR AUTO, AND BUYER EXPRESSLY COVENANTS TO MAINTAIN THE CONFIDENTIALITY OF THE CONFIDENTIAL PRICE QUOTATION AND MSRP. PRICES AND MSRPS QUOTED BY BLUBEAR AUTO ARE SUBJECT TO CHANGE AT ANY TIME AND FROM TIME TO TIME IN BLUBEAR AUTO'S SOLE AND ABSOLUTE DISCRETION AND WITHOUT PRIOR NOTICE.8. PAYMENT BLUBEAR AUTO'S PAYMENT TERMS ARE THAT PREPAYMENT MUST BE MADE FOR ALL GOODS.HOWEVER, IF BLUBEAR AUTO SHALL HAVE AGREED TO EXTEND CREDIT TO BUYER, THE PAYMENT TERMS SHALL BE NET 30 DAYS FROM DATE OF INVOICE AND, IN THAT EVENT, IF PAYMENT TO BLUBEAR AUTO SHALL NOT HAVE BEEN RECEIVED BY BLUBEAR AUTO WITHIN THIRTY (30) DAYS AFTER THE DATE OF INVOICE,BLUBEAR AUTO MAY, IN ITS DISCRETION, IMPOSE AN INTEREST CHARGE OF 1.0% PER MONTH COMPOUNDED MONTHLY OR, IF LESS, THE MAXIMUM RATE THEN ALLOWABLE UNDER TEXAS LAW, ON THE PAST DUE BALANCE. SHOULD ANY CHECK FROM BUYER BE DISHONORED BY BUYER'S BANK, BUYER SHALL PAY BLUBEAR AUTO A SERVICE CHARGE EQUAL TO 5% OF THE GROSS AMOUNT OF THE CHECK, UP TO A MAXIMUM OF $200 PER INSTANCE OF DISHONOR, TO COVER BLUBEAR AUTO'S OUT-OF-POCKET EXPENSES AND RELATED ADMINISTRATIVE COSTS. BLUBEAR AUTO SHALL RETAIN A VENDOR'S LIEN ON ALL GOODS SHIPPED TO BUYER, UNTIL SUCH TIME AS PAYMENT IN FULL HAS BEEN MADE BY BUYER AND COLLECTED BY BLUBEAR AUTO.9. SHIPMENTBLUBEAR AUTO SHIPS PRODUCTS USING A FLAT RATE FEE. THE FLAT RATE IS SPECIFIED PER EACH PRODUCT ON THE WEBSITE ACCORDINGLY. INTERNATIONAL SHIPPING FLAT RATE IS CALCULATED DURING THE CHECK OUT PROCESS. IT IS BLUBEAR AUTO'S POLICY TO ADVISE OF CHANGES TO ITS SHIPMENT AND DELIVERY POLICIES AT LEAST 30 DAYS PRIOR TO THEIR IMPLEMENTATION. HOWEVER, BLUBEAR AUTO RESERVES THE RIGHT TO CHANGE THOSE POLICIES AT ANY TIME AND FROM TIME TO TIME IN BLUBEAR AUTO'S SOLE DISCRETION AND WITHOUT PRIOR NOTICE. BLUBEAR AUTO SHALL RETAIN THE RIGHT TO SELECT AND DESIGNATE FREIGHT CARRIERS ON SHIPMENTS FOR WHICH IT PAYS FREIGHT CHARGES. ON ORDERS SHIPPED F.O.B. BLUBEAR AUTO'S WAREHOUSE, AND FOR WHICH BUYER BEARS RESPONSIBILITY FOR FREIGHT CHARGES, BUYER MAY SELECT THE CARRIER. SHIPMENTS OF $300 OR LESS MAY BE SUBJECT TO AN ADDITIONAL HANDLING SURCHARGE.10. WARRANTIES; LIMITATION OF LIABILITYUNLESS OTHERWISE SPECIFIED, BLUBEAR AUTO PRODUCT LINES CARRY A LIMITED LIFETIME WARRANTY. BLUBEAR AUTO WARRANTS THAT ALL OF ITS BRAND AND PRIVATE LABEL PRODUCTS SHALL BE FREE OF DEFECTS IN MATERIAL AND/OR WORKMANSHIP FOR AS LONG AS THEY SHALL HAVE BEEN AND SHALL REMAIN PROPERLY INSTALLED ON THE VEHICLE FOR WHICH THEY WERE ORIGINALLY PURCHASED. THIS WARRANTY DOES NOT EXTEND TO PRODUCTS, WHICH ARE, BY NATURE, SUBJECT TO VARYING DEGREES OF USE AND WEAR. THIS WARRANTY APPLIES TO ONLY THOSE PRODUCTS THAT SHALL HAVE BEEN INSTALLED TO ACCEPTED INDUSTRY STANDARDS BY A RECOGNIZED PROFESSIONAL SERVICE DEALER. SUBSEQUENT REPAIR OR REPLACEMENT CLAIMS MUST RECEIVE APPROVAL FROM BLUBEAR AUTO PRIOR TO COMMENCEMENT OF WORK. THE WARRANTY DOES NOT EXTEND TO INSTANCES OF INCORRECT INSTALLATION, OR DAMAGE RESULTING FROM COLLISION, NEGLIGENCE, MISUSE OR ALTERATION. BLUBEAR AUTO'S LIABILITY EXTENDS ONLY TO THE REPAIR OR, IN BLUBEAR AUTO'S DISCRETION, REPLACEMENT OF THE DEFECTIVE PRODUCT, BUT DOES NOT COVER ANY ANCILLARY DAMAGE OR LABOR COSTS. ANY BLUBEAR AUTO PRODUCT FOUND TO BE DEFECTIVE SHALL BE REPAIRED OR REPLACED THROUGH ITS ORIGINAL SUPPLYING WHOLESALE DISTRIBUTOR, ACCOMPANIED BY ORIGINAL PURCHASE RECEIPT. ALTERNATIVELY, BLUBEAR AUTO MAY CREDIT THE SALES PRICE THEREFORE TOWARD FUTURE PURCHASES BY BUYER. BLUBEAR AUTO SHALL NOT BE HELD LIABLE FOR ANY INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGE OF ANY KIND OR NATURE (INCLUDING WITHOUT LIMITATION LOSSES OF PROFITS, REVENUES, CUSTOMER RELATIONSHIPS OR BUSINESS OPPORTUNITIES) ARISING OUT OF OR RELATED TO ANY DELAY IN DELIVERY OF, OR FAILURE OF OR WITH RESPECT TO, GOODS SOLD OR SHIPPED OR ANY OTHER PERFORMANCE OR NONPERFORMANCE, WHETHER OR NOT SUCH DAMAGE IS A DIRECT RESULT OF THE FAILURE OF BLUBEAR AUTO'S PRODUCT. CUSTOMER HEREBY WAIVES ANY AND ALL IMPLIED WARRANTIES WITH RESPECT TO BLUBEAR AUTO'S PRODUCTS.WARRANTY FROM THIRD PARTY BRANDS THAT BLUBEAR AUTO RESELLS THROUGH WHOLESALE DISTRIBUTION DOES NOT APPLY TO THE ABOVE WARRANTY. WARRANTY BY NON-BLUBEAR AUTO BRAND/PRIVATE LABELED PRODUCTS WILL BE HANDLED DIRECTLY BY THE DIRECT APPROPRIATE MANUFACTURER.11. INSPECTIONBUYER SHALL INSPECT AND RECONCILE ALL INBOUND SHIPMENTS FROM BLUBEAR AUTO WITHIN SEVEN (7) WORKING DAYS. CLAIMS FOR SHORTAGES OR DAMAGED MERCHANDISE MUST BE SUBMITTED TO BLUBEAR AUTO NO MORE THAN TEN (10) WORKING DAYS FOLLOWING BUYER'S RECEIPT OF SHIPMENT.12. RETURNS; DEFECTIVE AND DAMAGED MERCHANDISEDEFECTIVE AND FREIGHT DAMAGED MERCHANDISE (BUT ONLY WHERE BLUBEAR AUTO IS PROVIDING SHIPMENT) MAY BE RETURNED TO BLUBEAR AUTO FOR FULL CREDIT, BUT ONLY UPON VERIFICATION BY BLUBEAR AUTO OF SUCH DEFECT OR DAMAGE. A RETURNED MERCHANDISE AUTHORIZATION ("RMA") FORM MUST BE FILLED OUT BY THE BUYER AND APPROVED BY BLUBEAR AUTO. CREDIT WILL BE ISSUED TO BUYER UPON RECEIPT OF THE RMA FORM AND THE CLAIM APPROVAL FROM THE FREIGHT COMPANY.13. RETURNS; EXCHANGES; GOOD MERCHANDISERETURNS OF GOOD MERCHANDISE MAY BE ACCEPTED BY BLUBEAR AUTO IN ITS SOLE DISCRETION UNDER THE FOLLOWING CONDITIONS:1. RETURN/EXCHANGE OF MERCHANDISE IN TOTALLY RE-SALEABLE CONDITION, WITHOUT MARKINGS ON THE ORIGINAL PACKAGING WILL BE RESTRICTED TO EXTRAORDINARY CIRCUMSTANCES WITH PRIOR APPROVAL FROM BLUBEAR AUTO. ACCEPTED RETURN WILL BE ASSESSED A 15% RESTOCKING CHARGE. RETURNED PART NUMBER SHALL NOT EXCEED 15% OF TOTAL ANNUAL PURCHASE QUANTITIES.2. RETURN/EXCHANGE OF MERCHANDISE IN PACKAGING THAT HAS BEEN MARKED, RELABELED OR OTHERWISE DEFACED WILL BE RESTRICTED TO EXTRAORDINARY CIRCUMSTANCES WITH PRIOR APPROVAL FROM YOUR BLUBEAR AUTO. ACCEPTED RETURN WILL BE ASSESSED A 20% RESTOCKING CHARGE, EXCEPT THAT BLUBEAR AUTO MERCHANDISE RETURNED IN PACKAGING THAT HAS BEEN MARKED, RELABELED OR OTHERWISE DEFACED WILL BE SUBJECT TO A 40% RESTOCKING CHARGE. RETURNED PART NUMBER SHALL NOT EXCEED 15% OF TOTAL ANNUAL PURCHASE QUANTITIES.3. MERCHANDISE CLASSIFIED BY BLUBEAR AUTO AS TB (TO BE DISCONTINUED), OR DC (DISCONTINUED), MAY NOT BE RETURNED FOR CREDIT.4. MERCHANDISE ON SALES PROMOTION OR INVENTORY PACKAGES MAY NOT BE RETURNED FOR CREDIT.5. BUYER MUST PAY ALL RETURN TRANSPORTATION CHARGES.6. BUYER MUST OBTAIN AND COMPLETE AN RMA FORM, ISSUED BY BLUBEAR AUTO, FOR ANY GOOD MERCHANDISE RETURN OR EXCHANGES.7. RETURNS/EXCHANGES WILL NOT BE ACCEPTED UNDER ANY CIRCUMSTANCES AFTER 30 CALENDAR DAYS AFTER THE SHIP DATE INDICATED BY BLUBEAR AUTO.8. ANY RETURNS FOR NON-FITMENT OR QUALITY ISSUES WILL REQUIRE HIGH QUALITY DIGITAL PICTURES OF THE PRODUCTS TO BE EMAILED TO THE ACCOUNT MANAGER BEFORE AN RMA IS APPROVED.9. ORDER CANCELLATIONS WILL TAKE UP TO 48 HOURS AFTER A CANCELLATION IS REQUESTED BEFORE THE ORDER IS OFFICIALLY CANCELLED AND MONEY PROCESSED FOR RETURN.14. END CONSUMER WARRANTY; COMPLAINTSANY WARRANTY OR COMPLAINT ISSUES BETWEEN THE END CONSUMER AND THE BUYER MUST BE HANDLED AND TAKEN CARE OF BY THE BUYER. IF THE BUYER CANCELS THE BLUBEAR AUTO MEMBERSHIP OR HAS THE ACCOUNT TERMINATED, BLUBEAR AUTO WILL RESOLVE ANY OUTSTANDING ISSUES OR WARRANTY CLAIMS DIRECTLY WITH THE END CONSUMER. THE BUYER AGREES NOT TO INSTRUCT THE END CONSUMER TO CONTACT BLUBEAR AUTO DIRECTLY UNLESS INSTRUCTED SO BY BLUBEAR AUTO.15. USER AND MEMBER INFORMATIONBLUBEAR AUTO OWNS ANY INFORMATION YOU PROVIDE THROUGH YOUR USE OF THE WEBSITE, INCLUDING ANY INFORMATION REGARDING YOUR USE OF THE INTERNET AND THE WEBSITE. SUBJECT TO THE TERMS OF OUR PRIVACY POLICY, BLUBEAR AUTO RESERVES THE RIGHT TO REPRODUCE AND USE SUCH INFORMATION FOR ITS OWN MARKETING OR OTHER PURPOSES. SUCH INFORMATION WILL NOT BE SOLD OR OTHERWISE PROVIDED TO ANY THIRD PARTY WITHOUT YOUR CONSENT.16. CASH CREDITBLUBEAR AUTO CASH CREDIT IS A PREPAYMENT BALANCE TOWARDS BLUBEAR AUTO PRODUCTS. ANY OUTSTANDING BALANCE IN THE BLUBEAR AUTO ACCOUNT IS REFUNDABLE AS LONG AS IT IS UNDER 9 MONTHS. BALANCE OVER 9 MONTHS ARE ONLY VALID AS A STORE CREDIT. STORE CREDITS MAY BE USED TO PURCHASE PRODUCTS OR SERVICES FROM BLUBEAR AUTO. COMMISSIONS, AFFILIATE CREDITS AND REWARDS MAY BE REDEEMED AS STORE CREDIT ONLY TOWARDS BLUBEAR AUTO PRODUCTS OR SERVICES17. INDEMNIFICATIONYOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS BLUBEAR AUTO AND ANY OTHERS INVOLVED IN CREATING THE WEBSITE, ANY CONTENT FROM AND AGAINST ANY AND ALL CLAIMS, ACTIONS, LIABILITIES, COSTS AND EXPENSES ARISING OUT OF (A) YOUR BREACH OF ANY PROVISION OF THIS AGREEMENT; (B) YOUR BREACH OF ANY REPRESENTATION OR WARRANTY YOU PROVIDE HEREIN; (C) YOUR POSTING/PROCESSING ON THE WEBSITE (D) YOUR USE OF THE WEBSITE AND THE SERVICES. (E) OTHERWISE ARISING IN ANY WAY OUT OF YOUR USE OF THE WEBSITE AND THE SERVICES. YOU SHALL COOPERATE FULLY IN ANY DEFENSE OF SUCH CLAIM. BLUBEAR AUTO RESERVES THE RIGHT TO TAKE EXCLUSIVE CONTROL OVER THE DEFENSE OF ANY SUCH CLAIM.18. TRADEMARKALL TRADEMARKS, SERVICE MARKS AND TRADE NAMES APPEARING ON THIS WEBSITE ARE THE PROPERTY OF THEIR RESPECTIVE OWNERS.19. LINKS TO THIRD PARTY WEBSITESTHIS WEBSITE MAY INCLUDE LINKS TO OTHER INTERNET WEBSITES. BY PROVIDING SUCH LINKS, BLUBEAR AUTO DOES NOT RECOMMEND AND IS NOT LIABLE FOR ANY SUCH WEBSITES OR ANY CONTENT, INFORMATION, ADVICE, PRODUCTS, SERVICES OR PRICES THEREFORE CONTAINED ON OR ACCESSIBLE THROUGH SUCH WEBSITES. YOUR ACCESS AND USE OF ANY SUCH THIRD PARTY WEBSITES AND THEIR CONTENT, INFORMATION, ADVICE, PRODUCTS OR SERVICES IS SOLELY AT YOUR OWN RISK. YOU AGREE THAT BLUBEAR AUTO WILL NOT BE LIABLE OR RESPONSIBLE FOR ANY SUCH THIRD PARTY WEBSITES OR THEIR CONTENT, INFORMATION, ADVICE, PRODUCTS, SERVICES OR ANY PRICE, PRICE DISCREPANCY OR PRICE CHANGE THEREFORE.20. WEB CONTENT DISCLAIMERYOU EXPRESSLY AGREE THAT YOUR USE OF THE WEBSITE, CONTENT, THE SERVICES IS AT YOUR SOLE RISK. THE WEBSITE, CONTENT AND SERVICES ARE PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, AND BLUBEAR AUTO EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR INFRINGEMENT. BLUBEAR AUTO DOES NOT GUARANTEE THE ACCURACY OF ANY INFORMATION PROVIDED ON THE WEBSITE, OR WARRANT THAT THE FUNCTIONS AVAILABLE ON THE WEBSITE WILL MEET YOUR REQUIREMENTS, OR THAT OPERATION OF THE WEBSITE WILL BE ACCURATE, UNINTERRUPTED OR ERROR-FREE. BLUBEAR AUTO IS NOT LIABLE FOR ANY LOSS, DAMAGE, OR DELETION OF ANY USER INFORMATION OR FILES STORED ON OR TRANSMITTED TO OR FROM THE WEBSITE.21. LIMITATION OF LIABILITYBLUBEAR AUTO SHALL NOT HAVE ANY LIABILITY FOR ANY LOSSES OR DAMAGES, WHETHER DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL, AND WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, CONTRACT OR OTHERWISE, ARISING AS A RESULT OF: (A) THIS AGREEMENT; (B) YOUR USE OF THE WEBSITE, CONTENT, SERVICES OR ANY PRIVATE OR PUBLIC GALLERY; OR (C) UNAVAILABILITY, INACCURACY, LOSS OR DELETION OF THE WEBSITE, CONTENT, SERVICES OR ANY PRIVATE OR PUBLIC GALLERY (INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, BUSINESS INTERRUPTION, INABILITY TO USE THE WEBSITE, CONTENT, SERVICES OR ANY PRIVATE OR PUBLIC GALLERY, DATA LOSS, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER PECUNIARY LOSS), EVEN IF YOU HAVE NOTIFIED BLUBEAR AUTO IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGE.22. ATTORNEY'S FEES AND COSTSIN THE EVENT THAT ANY INVOICE FROM BLUBEAR AUTO OR OBLIGATION OF BUYER HEREUNDER OR UNDER ANY PURCHASE ORDER IS NOT PAID IN FULL AS AND WHEN DUE, AND BLUBEAR AUTO ENGAGES COUNSEL WITH RESPECT THERETO, WHETHER OR NOT BLUBEAR AUTO PROSECUTES ANY ACTION OR PROCEEDING IN CONNECTION THEREWITH, OR BLUBEAR AUTO TAKES ANY OTHER ACTIONS IN CONNECTION WITH ENFORCEMENT ANY PROVISION HEREOF, OR BUYER IS OR BECOMES THE SUBJECT OF A BANKRUPTCY PROCEEDING OR OTHER ACTION OR PROCEEDING RELATED TO PROTECTION FROM CREDITORS, THE PREVAILING PARTY IN SUCH ACTIONS OR PROCEEDINGS SHALL, IN ADDITION TO ANY OTHER RECOVERY WHICH MAY BE AWARDED, BE ENTITLED TO RECOVER ALL ATTORNEYS' FEES AND COSTS PAID OR INCURRED BY IT IN CONNECTION THEREWITH. NOTWITHSTANDING THE FOREGOING BUYER SHALL PAY ALL OF BLUBEAR AUTO'S COSTS AND EXPENSES, INCLUDING ATTORNEYS' FEES, OF OR RELATED TO COLLECTION AND ENFORCEMENT OF BUYER'S OBLIGATIONS HEREUNDER OR IN CONNECTION WITH ANY PURCHASE ORDER, THAT BUYER DOES NOT PAY OR PERFORM WHEN DUE.23. TERMINATIONBLUBEAR AUTO RESERVES THE RIGHT TO TERMINATE THIS AGREEMENT AT ANY TIME FOR ANY REASON WHATSOEVER AND TO REVOKE ANY TRANSACTIONS ON STANDBY OR YOUR MEMBERSHIP IN BLUBEAR AUTO AND YOUR ACCESS TO THE WEBSITE, CONTENT, SERVICES WITHOUT PRIOR NOTICE TO YOU.24. APPLICABLE LAW AND CONSENT TO JURISDICTIONTHESE TERMS OF SALE ARE AND SHALL BE DEEMED MADE AND TO BE PERFORMED IN THE STATE OF TEXAS, AND ARE AND SHALL BE GOVERNED BY THE LAWS OF THE STATE OF TEXAS. BY DELIVERING THE PURCHASE ORDER TO BLUBEAR AUTO, BUYER AGREES TO BE SUBJECT TO, AND DOES HEREBY SUBMIT HIMSELF, HERSELF OR ITSELF TO THE PERSONAL JURISDICTION OF THE COURTS OF THE STATE OF TEXAS, INCLUDING BUT NOT LIMITED TO JURISDICTION THEREIN BY VIRTUE OF THE TEXAS LONG ARM STATUTE, AND WAIVES ANY RIGHT BUYER MAY HAVE TO ASSERT THAT ANOTHER FORUM WOULD BE MORE CONVENIENT FOR THE PROSECUTION OR DEFENSE OF ANY CLAIM ASSERTED WITH RESPECT TO SUCH PURCHASE ORDER OR THESE TERMS OF SALE.25. MINIMUM ADVERTISING PRICE (MAP)BLUBEAR AUTO PRODUCTS MAY NOT BE SOLD BELOW JOBBER PRICING TO THE END CONSUMER. THE JOBBER PRICE IS THE MAP (MINIMUM ADVERTISING PRICE).26. ADVERTISING BY FAX/EMAILACCEPTANCE OF THIS AGREEMENT CONSTITUTES BUYER'S ACKNOWLEDGEMENT AND WILLINGNESS TO ACCEPT FAX/EMAIL CORRESPONDENCES INCLUDING, BUT NOT LIMITED TO NEW PRODUCT ADVICE AND PROMOTIONS. SUCH CORRESPONDENCES WILL BE DIRECTED ONLY TO THE FAX NUMBER OR EMAIL PROVIDED BY THE BUYER ON THE BLUBEAR AUTO WEBSITE.27. SHORTENED STATUTE OF LIMITATIONSYOU AGREE TO FILE ANY CAUSE OF ACTION ARISING OUT OF OR RELATING TO THIS AGREEMENT AND YOUR RIGHTS AND OBLIGATIONS HEREUNDER IN DANTON, TEXAS, USA WITHIN ONE YEAR AFTER THE CAUSE OF ACTION ARISES. YOU AGREE THAT ANY ACTION FILED AFTER THIS DATE IS BARRED.28. RIGHT TO CHANGE AGREEMENTBLUBEAR AUTO RESERVES THE RIGHT TO CHANGE THIS AGREEMENT AT ANY TIME. BLUBEAR AUTO WILL POST A NOTICE OF ANY CHANGE TO THIS AGREEMENT ON THE WEBSITE. YOUR CONTINUED USE OF THE WEBSITE AFTER ANY SUCH CHANGE IS MADE CONSTITUTES ACCEPTANCE OF AND AGREEMENT TO BE BOUND BY THE TERMS OF THE AGREEMENT AS MODIFIED. ONLY BLUBEAR AUTO CAN MODIFY THE TERMS AND CONDITIONS OF THIS AGREEMENT AND/OR THE CREDIT SCHEDULE.29. SEVERABILITYIF ANY PROVISION OF THIS AGREEMENT IS HELD TO BE ILLEGAL OR UNENFORCEABLE, THAT PROVISION SHALL BE LIMITED OR ELIMINATED TO THE MINIMUM EXTENT NECESSARY SO THAT THIS AGREEMENT SHALL OTHERWISE REMAIN IN FULL FORCE AND EFFECT AND ENFORCEABLE.30. ENTIRE AGREEMENTTHESE TERMS OF SALE CONSTITUTE THE ENTIRE AGREEMENT BETWEEN PARTIES, SUPERSEDE ANY OTHER ORAL OR WRITTEN AGREEMENT THAT MAY HAVE BEEN ENTERED INTO BY THE PARTIES, AND SHALL PREVAIL OVER ANY CONFLICTING OR CONTRADICTORY TERMS AND CONDITIONS IN ANY PURCHASE ORDER, ACCEPTANCE, ACKNOWLEDGMENT, OR OTHER STANDARD FORMS USED BY THE PARTIES IN PERFORMING THESE TERMS OF SALE, UNLESS SUCH CONFLICTING OR CONTRADICTORY TERMS ARE IN WRITING, ACKNOWLEDGED, SIGNED AND DELIVERED BY BOTH BLUBEAR AUTO AND BUYER.THE PERSON EXECUTING THIS AGREEMENT ON BEHALF OF BUYER, BY SO EXECUTING THIS AGREEMENT, CERTIFIES TO BLUBEAR AUTO THAT THE FOREGOING INFORMATION IS TRUE, COMPLETE AND CORRECT, AND ACKNOWLEDGES THAT BUYER IS SUPPLYING SUCH INFORMATION TO BLUBEAR AUTO TO INDUCE BLUBEAR AUTO TO ACCEPT BUYER'S CREDIT AND/OR CHECKS AS PAYMENT FOR PURCHASES BY BUYER OF GOODS FROM BLUBEAR AUTO. AS PART OF BUYER'S OBLIGATION TO PROVIDE THE BANK REFERENCES REQUIRED BY THE CREDIT APPLICATION, BUYER ALSO IS REQUIRED TO FULLY COMPLETE AND EXECUTE THE ANNEXED "AUTHORIZATION FOR THE RELEASE OF BANKING AND ACCOUNT INFORMATION", WHICH FOLLOWS THIS AGREEMENT.THIS AGREEMENT SHALL BE A LEGALLY BINDING CONTRACT BETWEEN THE PARTIES UPON THE ACCEPTANCE OF THE BUYER MEMBERSHIP FROM BLUBEAR AUTO.