Updated October 31, 2023
Use of the epiday Web sites requires that you register or create an account (“Account”) or use the epiday Web sites as a guest. To register and create an Account, you must select an account designation and password. You are responsible for maintaining the confidentiality and security of your Account and password. You are fully responsible for all activities that occur under your password or Account. Also, you are fully responsible for any other actions taken in connection with the Account or password.
You agree to (a) immediately notify Bluu of any known or suspected unauthorized use(s) of your password or Account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password or credit card information; and (b) ensure that you exit from your Account at the end of each session. Bluu will not be liable for any injury, loss or damage of any kind arising from or relating to your failure to comply with (a) and (b) or for any acts or omissions by you or someone else using your Account or password.
When you register and create an Account, you must also provide certain personal information. In consideration of the use of the epiday Web sites’ services, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the registration form, and (b) maintain and promptly update the personal information you provide to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Bluu has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Bluu has the right to refuse any and all current or future use of the epiday Web sites (or any portion thereof).
You should print a copy of these Terms of Use for your records. Please note, however, that these Terms of Use may be updated and amended by us from time to time as provided herein and we have no obligation to notify you directly but will instead post any such updates and amendments to this web page.
By accessing the epiday Web sites, you agree:
• not to access the epiday Web sites or services of the epiday Web sites using a third-party's account or registration without the account holder’s consent;
• to comply with all applicable regulations, laws, statutes and ordinances regarding acceptable material and online conduct;
• if you are under the age of 21, not to use the epiday Web sites to purchase alcohol (if you and the alcohol recipient are 21 or older, you will need to present a valid photo identification(s) verifying your age at the time of alcohol delivery);
• not to use the epiday Web sites for illegal purposes, or as prohibited by these Terms of Use;
• not to deep-link to the epiday Web sites or access the epiday Web sites manually or with any web crawler, extraction software, spider, robot, automated process or device to scrape, copy or monitor any portion of the epiday Web sites or any Content on the epiday Web sites;
• not to disrupt, interfere with, or otherwise harm or violate the security of the epiday Web sites, or any services, system resources, accounts, passwords, servers or networks connected to or accessible through the epiday Web sites or affiliated or linked sites (including those of our restaurant partners)
• if you are under the age of 13, not to use the epiday Web sites or services of the epiday Web sites or submit content to the epiday Web sites;
• not to use the epiday Web sites in any manner that could disable, damage, impair or overburden any Bluu server, or the network connected to any Bluu server, or interfere with any other party’s use of the epiday Web sites;
• not to gain or attempt to gain, through any manner or means, unauthorized access to any part of the epiday Web sites or any service, other account, computer system or network connected to any Bluu server;
• not to copy any content, including, but not limited to restaurant menu content and third-party reviews, for any purpose including but not limited to republication in print or online;
• not to use the epiday Web sites to engage in activities, including but not limited to commercial activities, apart from the permitted use of Bluu services;
• not to sell, license, or otherwise provide access to or use of the epiday Web sites to any third party;
• not to spread, transmit or upload viruses or any other disruptive, destructive or harmful files; and
not to post restaurant reviews in any manner for commercial or other purpose or with any intent that does not comport, in good faith, with the purpose/spirit of the epiday Web sites.
In the event you do not use the epiday Web sites solely as expressly permitted by these Terms of Use and subject to all the terms and conditions of these Terms of Use which may result in consequences that are so serious and incalculable that monetary compensation may not be a sufficient remedy, Bluu will be entitled to temporary and permanent injunctive relief to prohibit your such use.
You may use the epiday Web sites solely as expressly permitted by these Terms of Use and subject to all the terms and conditions of these Terms of Use, all applicable intellectual property laws, and any additional notices or restrictions contained on the epiday Web sites. Any other use of the epiday Web sites or the Content is strictly prohibited. No Content may be posted, transmitted, copied, uploaded, distributed or republished in any way without our prior written permission. No Content may be modified without our prior written permission. Nothing contained on the epiday Web sites should be interpreted to grant you any license or right to use any of the Content or third party proprietary content on the epiday Web sites without the prior written permission of Bluu or the appropriate third party owner, as applicable.
You shall not redistribute, sell, decompile, reverse engineer, disassemble, or otherwise reduce any software or file downloaded from the epiday Web sites to a human-perceivable form.
Any content you provide such as user ratings and reviews, Bluu reserves the right, in its sole discretion, to suspend, modify, or discontinue the epiday Web sites or services offered on or through the epiday Web sites (or any part thereof) at any time, with or without notice, including but not limited to the epiday Web sites’ features, look and feel, and functional elements and related services.
You will grant and hereby grant to Bluu an irrevocable, paid up, transferable, royalty-free, perpetual, non-exclusive worldwide sub-licensable license to copy, display, modify, publicly perform, publish, remove, use, translate, create derivative works from, distribute or otherwise use User Content on the epiday Web sites and in all forms of media now known or hereafter invented (collectively, the “User Content Uses”), without notification to or approval by you. You further grant Bluu a license to use your information including without limitation your username or other user profile information, your ratings history and any other information, to attribute User Content to you in connection with the User Content Uses, again without notification to or approval by you.
User Content transmitted to certain parts of the epiday Web sites, including, without limitation, restaurant pages and certain Interactive Areas, may be posted in public areas on our epiday Web sites. Bluu and its officers, directors, employees, parents, subsidiaries, affiliates, successors, assigns, licensors, licensees, designees, business partners, contractors, agents and representatives (collectively, the “Released Parties”) will not be responsible for, and you hereby expressly release the Released Parties from any and all liability for, the action of any and all third parties with respect to User Content.
By transmitting User Content, you agree to follow the standards of conduct below, and any additional standards stated on the epiday Web sites.
Disruptive communication is discouraged and civility is encouraged on the epiday Web sites. You are responsible for all User Content. You agree not to provide any User Content that:
• is false or misleading;
• is not written in good faith;
• has a commercial purpose;
• is abusive or unlawful;
• is invasive of another’s privacy;
• is vulgar, obscene, offensive, profane, defamatory, hateful or ethically, racially or otherwise objectionable;
• has a political purpose;
• is illegal;
• is harmful to adults or minors, threatening, harassing, or tortuous;
• has a religious purpose;
• promotes illegal activity;
• interrupts, destroys or limits, or is intended to interrupt, destroy or limit any computer software, hardware or Content on the epiday Web sites or other websites;
• interrupts, destroys or limits, or is intended to interrupt, destroy or limit the functionality or integrity of the epiday Web sites or other websites;
• infringes any patent, trademark, trade secret, copyright, right of privacy or publicity, or other proprietary rights of any person or entity; or
• contains unauthorized advertising or solicits users to a business other than those on the epiday Web sites.
Bluu may monitor any and all use of the epiday Web sites. We reserve the right to change, delete or remove, in part or in full, any User Content or suspend access to any Content or interactive areas which include features such as user ratings and reviews, saved favorites, and bookmarked restaurants for any reason or no reason at all.
The epiday Web sites may allow you to rate and post reviews of restaurants and other businesses. Such ratings and reviews are considered User Content and are governed by these Terms of Use. The ratings and reviews do not reflect the views of the epiday Web sites or Bluu. All ratings and reviews must be legitimate. Any rating or review that we determine, in our sole discretion, to be disingenuous in any way, or could otherwise diminish the integrity of the ratings and reviews, may be removed without notice.
IN NO EVENT SHALL BLUU BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, OR FOR ANY LOSS OF PROFITS OR REVENUE, REGARDLESS OF WHETHER WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY, IN ANY MANNER ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, PERFORMANCE OF, OR SERVICES PROVIDED ON OR THROUGH THE EPIDAY WEB SITE. BLUU ASSUMES NO RESPONSIBILITY AND SHALL NOT BE LIABLE FOR ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, BROWSING OF, OR DOWNLOADING OF ANY MATERIAL FROM THE EPIDAY WEB SITE. BLUU ASSUMES NO RESPONSIBILITY OF LIABILITY IN ANY MANNER ARISING OUT OF OR IN CONNECTION WITH ANY INFORMATION, CONTENT, PRODUCTS, SERVICES, OR MATERIAL AVAILABLE OR THROUGH THE EPIDAY WEB SITE, AS WELL AS ANY THIRD PARTY WEBSITE PAGES OR ADDITIONAL WEBSITES LINKED TO THIS SITE, FOR ANY DEFAMATION, ERROR, LIBEL, OMISSION, SLANDER, OBSCENITY, FALSEHOOD, PROFANITY, DANGER, PORNOGRAPHY, INACCURACY CONTAINED THEREIN OR HARM TO PERSON OR PROPERTY CAUSED THEREBY. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. IN NO EVENT SHALL OUR TOTAL CUMULATIVE LIABILITY UNDER THIS AGREEMENT OR THESE TERMS OF USE EXCEED $100.00
Some jurisdictions do not allow excluding or limiting implied warranties or limiting liability for incidental or consequential damages, and some jurisdictions have special statutory consumer protection provisions which may supersede the foregoing disclaimers and limitations. As a result, these disclaimers and/or limitations may not apply to you if prohibited by law.
You and Bluu agree that the warranty disclaimers and limitations of liability in these Terms of Use are bargained-for, material bases of this agreement or these Terms of Use, and that they have been taken into account in determining the consideration to be given by each party under this agreement and in the decision by each party to enter into this agreement. You and Bluu agree that the warranty disclaimers and limitations of liability in these Terms of Use are fair and reasonable. You acknowledge that your sole and exclusive remedy is to discontinue using the epiday Web site, except as otherwise set forth in this Section if you are dissatisfied with the epiday Web site or do not agree to any provisions of these Terms of Use.
Terms of Use
1. USING EPIDAY.COM
These Terms of Use (“Terms of Use”) explain a contractual agreement between you (“you,” “your”) and Bluu, Inc. (“Bluu,” “we,” “us,” “our”), regarding your use of this web site (epiday.com), the related mobile sites and mobile application(s), and selected other domains (collectively, the “epiday Web sites”). If you do not agree to all the Terms of Use, do not use the epiday Web sites. You may only use the epiday Web sites to order if you are the authorized holder of the credit card used for payment or an authorized user of a corporate account. You are prohibited from using the epiday Web sites if you are under the age of 13.Use of the epiday Web sites requires that you register or create an account (“Account”) or use the epiday Web sites as a guest. To register and create an Account, you must select an account designation and password. You are responsible for maintaining the confidentiality and security of your Account and password. You are fully responsible for all activities that occur under your password or Account. Also, you are fully responsible for any other actions taken in connection with the Account or password.
You agree to (a) immediately notify Bluu of any known or suspected unauthorized use(s) of your password or Account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password or credit card information; and (b) ensure that you exit from your Account at the end of each session. Bluu will not be liable for any injury, loss or damage of any kind arising from or relating to your failure to comply with (a) and (b) or for any acts or omissions by you or someone else using your Account or password.
When you register and create an Account, you must also provide certain personal information. In consideration of the use of the epiday Web sites’ services, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the registration form, and (b) maintain and promptly update the personal information you provide to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Bluu has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Bluu has the right to refuse any and all current or future use of the epiday Web sites (or any portion thereof).
You should print a copy of these Terms of Use for your records. Please note, however, that these Terms of Use may be updated and amended by us from time to time as provided herein and we have no obligation to notify you directly but will instead post any such updates and amendments to this web page.
2. AGREEMENT TO TERMS OF USE
By using the epiday Web sites, you agree to these Terms of Use as amended by us from time to time. Furthermore, when you access the epiday Web sites, you specifically acknowledge your agreement with the most current version of these Terms of Use.By accessing the epiday Web sites, you agree:
• not to access the epiday Web sites or services of the epiday Web sites using a third-party's account or registration without the account holder’s consent;
• to comply with all applicable regulations, laws, statutes and ordinances regarding acceptable material and online conduct;
• if you are under the age of 21, not to use the epiday Web sites to purchase alcohol (if you and the alcohol recipient are 21 or older, you will need to present a valid photo identification(s) verifying your age at the time of alcohol delivery);
• not to use the epiday Web sites for illegal purposes, or as prohibited by these Terms of Use;
• not to deep-link to the epiday Web sites or access the epiday Web sites manually or with any web crawler, extraction software, spider, robot, automated process or device to scrape, copy or monitor any portion of the epiday Web sites or any Content on the epiday Web sites;
• not to disrupt, interfere with, or otherwise harm or violate the security of the epiday Web sites, or any services, system resources, accounts, passwords, servers or networks connected to or accessible through the epiday Web sites or affiliated or linked sites (including those of our restaurant partners)
• if you are under the age of 13, not to use the epiday Web sites or services of the epiday Web sites or submit content to the epiday Web sites;
• not to use the epiday Web sites in any manner that could disable, damage, impair or overburden any Bluu server, or the network connected to any Bluu server, or interfere with any other party’s use of the epiday Web sites;
• not to gain or attempt to gain, through any manner or means, unauthorized access to any part of the epiday Web sites or any service, other account, computer system or network connected to any Bluu server;
• not to copy any content, including, but not limited to restaurant menu content and third-party reviews, for any purpose including but not limited to republication in print or online;
• not to use the epiday Web sites to engage in activities, including but not limited to commercial activities, apart from the permitted use of Bluu services;
• not to sell, license, or otherwise provide access to or use of the epiday Web sites to any third party;
• not to spread, transmit or upload viruses or any other disruptive, destructive or harmful files; and
not to post restaurant reviews in any manner for commercial or other purpose or with any intent that does not comport, in good faith, with the purpose/spirit of the epiday Web sites.
In the event you do not use the epiday Web sites solely as expressly permitted by these Terms of Use and subject to all the terms and conditions of these Terms of Use which may result in consequences that are so serious and incalculable that monetary compensation may not be a sufficient remedy, Bluu will be entitled to temporary and permanent injunctive relief to prohibit your such use.
3. CHANGE TO TERMS OF USE
We reserve the right, at our discretion, to change, modify, add, or remove any portion or all of these Terms of Use at any time. Please check these Terms of Use periodically for changes. Your continued use of the epiday Web sites after the posting of changes to these Terms of Use will mean you agree to those changes. Any amendment to these Terms of Use by you must be agreed to by us in writing.4. OWNERSHIP OF CONTENT
The epiday Web sites and the content accessible through the epiday Web sites including but not limited to any content or everything on the epiday Web sites, from text to photos to videos to graphics and software, and all intellectual property rights included in or associated with the epiday Web sites, including but not limited to patents, copyrights, trademarks and service marks, including without limitation Bluu (collectively, “Content”), are owned by or licensed to us, and all right, title and interest in and to the epiday Web sites and Content remains with Bluu. Except as may occur when material is downloaded to your computer and your mobile phone or any other device in the ordinary course of accessing the epiday Web sites, material from the epiday Web sites may not be copied, distributed, re-published, uploaded, posted, modified, reverse engineered, or transmitted in any manner without our prior written consent. Certain Content may be licensed from third parties and all such third-party content and intellectual property rights (including any trademarks or service marks) related to such content belong to the respective third parties. In all events, you may not remove any copyright, trademark or other intellectual property or proprietary notice or legend contained on the epiday Web sites or in the Content.You may use the epiday Web sites solely as expressly permitted by these Terms of Use and subject to all the terms and conditions of these Terms of Use, all applicable intellectual property laws, and any additional notices or restrictions contained on the epiday Web sites. Any other use of the epiday Web sites or the Content is strictly prohibited. No Content may be posted, transmitted, copied, uploaded, distributed or republished in any way without our prior written permission. No Content may be modified without our prior written permission. Nothing contained on the epiday Web sites should be interpreted to grant you any license or right to use any of the Content or third party proprietary content on the epiday Web sites without the prior written permission of Bluu or the appropriate third party owner, as applicable.
You shall not redistribute, sell, decompile, reverse engineer, disassemble, or otherwise reduce any software or file downloaded from the epiday Web sites to a human-perceivable form.
Any content you provide such as user ratings and reviews, Bluu reserves the right, in its sole discretion, to suspend, modify, or discontinue the epiday Web sites or services offered on or through the epiday Web sites (or any part thereof) at any time, with or without notice, including but not limited to the epiday Web sites’ features, look and feel, and functional elements and related services.
5. CONTENT PROVIDED BY YOU AND USE OF YOUR CONTENT
You represent and warrant that you are the owner of or otherwise have the right to provide all information, comments, ratings, reviews or other materials or content that you submit, post or otherwise transmit to the epiday Web sites (“User Content”).You will grant and hereby grant to Bluu an irrevocable, paid up, transferable, royalty-free, perpetual, non-exclusive worldwide sub-licensable license to copy, display, modify, publicly perform, publish, remove, use, translate, create derivative works from, distribute or otherwise use User Content on the epiday Web sites and in all forms of media now known or hereafter invented (collectively, the “User Content Uses”), without notification to or approval by you. You further grant Bluu a license to use your information including without limitation your username or other user profile information, your ratings history and any other information, to attribute User Content to you in connection with the User Content Uses, again without notification to or approval by you.
User Content transmitted to certain parts of the epiday Web sites, including, without limitation, restaurant pages and certain Interactive Areas, may be posted in public areas on our epiday Web sites. Bluu and its officers, directors, employees, parents, subsidiaries, affiliates, successors, assigns, licensors, licensees, designees, business partners, contractors, agents and representatives (collectively, the “Released Parties”) will not be responsible for, and you hereby expressly release the Released Parties from any and all liability for, the action of any and all third parties with respect to User Content.
By transmitting User Content, you agree to follow the standards of conduct below, and any additional standards stated on the epiday Web sites.
Disruptive communication is discouraged and civility is encouraged on the epiday Web sites. You are responsible for all User Content. You agree not to provide any User Content that:
• is false or misleading;
• is not written in good faith;
• has a commercial purpose;
• is abusive or unlawful;
• is invasive of another’s privacy;
• is vulgar, obscene, offensive, profane, defamatory, hateful or ethically, racially or otherwise objectionable;
• has a political purpose;
• is illegal;
• is harmful to adults or minors, threatening, harassing, or tortuous;
• has a religious purpose;
• promotes illegal activity;
• interrupts, destroys or limits, or is intended to interrupt, destroy or limit any computer software, hardware or Content on the epiday Web sites or other websites;
• interrupts, destroys or limits, or is intended to interrupt, destroy or limit the functionality or integrity of the epiday Web sites or other websites;
• infringes any patent, trademark, trade secret, copyright, right of privacy or publicity, or other proprietary rights of any person or entity; or
• contains unauthorized advertising or solicits users to a business other than those on the epiday Web sites.
Bluu may monitor any and all use of the epiday Web sites. We reserve the right to change, delete or remove, in part or in full, any User Content or suspend access to any Content or interactive areas which include features such as user ratings and reviews, saved favorites, and bookmarked restaurants for any reason or no reason at all.
The epiday Web sites may allow you to rate and post reviews of restaurants and other businesses. Such ratings and reviews are considered User Content and are governed by these Terms of Use. The ratings and reviews do not reflect the views of the epiday Web sites or Bluu. All ratings and reviews must be legitimate. Any rating or review that we determine, in our sole discretion, to be disingenuous in any way, or could otherwise diminish the integrity of the ratings and reviews, may be removed without notice.
6. DISCLAIMER OF WARRANTIES
BY USING THE EPIDAY WEB SITES, YOU AGREE THAT YOU RECEIVE THE EPIDAY WEB SITES AT YOUR OWN RISK. THE EPIDAY WEB SITES ARE PROVIDED “AS IS,” WHERE IS, WITH ALL FAULTS AND WITHOUT ANY WARRANTY OR CONDITION OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY. THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORTS IS WITH YOU. WE SPECIFICALLY DISCLAIM THE IMPLIED WARRANTIES OF FITNESS FOR PARTICULAR PURPOSE, MERCHANTABILITY, QUALITY, ACCURACY OR TITLE. FURTHERMORE, THERE IS NO WARRANTY AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE EPIDAY WEB SITES OR AGAINST INFRINGEMENT. We do not guarantee uninterrupted or secure access to the epiday Web sites, that defects will be corrected, or that the epiday Web sites or the servers that make it available are free of viruses or other harmful components. Bluu does not warrant or make any representations regarding the use or the results of the use of the epiday Web sites, any Content in terms of accuracy, completeness, correctness, currentness, reliability, timeliness, or otherwise, including without limitation, the quality or timing of a delivery ordered on the epiday Web sites. You solely assume the entire cost of all necessary repair, servicing, or correction relating to your use of the epiday Web sites, or any Content on the epiday Web sites.7. LIMITATION OF LIABILITY
We are a service provider; we are not responsible for any loss or injury whatsoever due to the use of the epiday Web sites, the Content or other information published through the epiday Web sites. The epiday Web sites may be unavailable due to maintenance or other reasons and we will have no liability for any such unavailability. We will also not have any liability for any loss of data, degraded data, old or out-dated data, or errors in data resulting from non-deliveries, mis-deliveries or service interruptions caused by us, any third-party acts or any other web host provider or the Internet infrastructure and network external to the epiday Web sites. The limitations of liability contained in these Terms of Use inure to our benefit and to the benefit of our affiliates, and to all of our respective shareholders, officers, directors, employees, attorneys and agents.IN NO EVENT SHALL BLUU BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, OR FOR ANY LOSS OF PROFITS OR REVENUE, REGARDLESS OF WHETHER WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY, IN ANY MANNER ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, PERFORMANCE OF, OR SERVICES PROVIDED ON OR THROUGH THE EPIDAY WEB SITE. BLUU ASSUMES NO RESPONSIBILITY AND SHALL NOT BE LIABLE FOR ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, BROWSING OF, OR DOWNLOADING OF ANY MATERIAL FROM THE EPIDAY WEB SITE. BLUU ASSUMES NO RESPONSIBILITY OF LIABILITY IN ANY MANNER ARISING OUT OF OR IN CONNECTION WITH ANY INFORMATION, CONTENT, PRODUCTS, SERVICES, OR MATERIAL AVAILABLE OR THROUGH THE EPIDAY WEB SITE, AS WELL AS ANY THIRD PARTY WEBSITE PAGES OR ADDITIONAL WEBSITES LINKED TO THIS SITE, FOR ANY DEFAMATION, ERROR, LIBEL, OMISSION, SLANDER, OBSCENITY, FALSEHOOD, PROFANITY, DANGER, PORNOGRAPHY, INACCURACY CONTAINED THEREIN OR HARM TO PERSON OR PROPERTY CAUSED THEREBY. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. IN NO EVENT SHALL OUR TOTAL CUMULATIVE LIABILITY UNDER THIS AGREEMENT OR THESE TERMS OF USE EXCEED $100.00
Some jurisdictions do not allow excluding or limiting implied warranties or limiting liability for incidental or consequential damages, and some jurisdictions have special statutory consumer protection provisions which may supersede the foregoing disclaimers and limitations. As a result, these disclaimers and/or limitations may not apply to you if prohibited by law.
You and Bluu agree that the warranty disclaimers and limitations of liability in these Terms of Use are bargained-for, material bases of this agreement or these Terms of Use, and that they have been taken into account in determining the consideration to be given by each party under this agreement and in the decision by each party to enter into this agreement. You and Bluu agree that the warranty disclaimers and limitations of liability in these Terms of Use are fair and reasonable. You acknowledge that your sole and exclusive remedy is to discontinue using the epiday Web site, except as otherwise set forth in this Section if you are dissatisfied with the epiday Web site or do not agree to any provisions of these Terms of Use.
