The following are the terms and conditions (the “Terms”) under which you (“User,” “You,” “Yourself,” or “Your,” if possessive) may use the web sites and co-branded web sites of Blue Collar Lists, LLC (“BCL”) at www.BLUECOLLARLISTS.com and/or any other addresses or mobile applications (the “App”) (any or all of which are herein referred to as the “Site”). Please read the following carefully. By accessing and using the Site, you accept and agree to be bound, without modification, limitation or qualification, by the Terms. We may, at our sole discretion, modify or revise the Terms at any time by updating the text contained herein. However, You are bound by any such modification or revision and should therefore visit this page periodically to review the Terms. These terms and conditions were updated as of March 7, 2019.
Specific rules, in addition to these Terms, are provided with respect to transactions conducted on or in connection with the Site, and other rules may be provided for the use of certain other items, areas or services provided on or in connection with the Site, and You agree to be bound by such rules.
YOUR USE OF THE SITE HEREBY CONSTITUTES YOUR AGREEMENT TO ALL TERMS, CONDITIONS, AND NOTICES CONTAINED HEREIN OR OTHERWISE POSTED ON THE SITE. (THE CONTENT OF SUCH AGREEMENT, INCLUSIVE OF THE TERMS AND ALL SUCH ADDITIONAL CONDITIONS AND NOTICES, ARE TOGETHER REFERRED TO HEREIN AS THE “TERMS.”) IF YOU DO NOT ACCEPT ANY OF THE PROVISIONS OF THE TERM, DO NOT USE THE SITE.
In order to use the Service, You must read and accept all of the terms and conditions in, and linked to, these Terms. These Terms may be modified by BCL from time to time at our sole discretion, and You will receive notice if modifications to the Terms are made. We strongly recommend that, as You read these Terms, You also access and read the linked information.
YOUR USE OF THE SITE HEREBY CONSTITUTES YOUR AGREEMENT TO ALL TERMS, CONDITIONS, AND NOTICES CONTAINED HEREIN OR OTHERWISE POSTED ON THE SITE. (THE CONTENT OF SUCH AGREEMENT, INCLUSIVE OF THE TERMS AND ALL SUCH ADDITIONAL CONDITIONS AND NOTICES, ARE TOGETHER REFERRED TO HEREIN AS THE “AGREEMENT.”) IF YOU DO NOT ACCEPT ANY OF THE PROVISIONS OF THE AGREEMENT, DO NOT USE THE SITE.
1. BCL SERVICE
BCL displays reviews and ratings of service employers on past or potential employers (“Employers”) to allow You, the user, the opportunity to read about the experiences other users have had with these Employers and to provide Your own reviews and ratings on the Employers You use. All products and services described in this Section, as well as any other products and services offered by BCL at any time shall be defined herein as “Service” or “Services.
(a) BCL Subscriptions and Plans BCL members have one of the following monthly membership plans: an introductory trial period (a “Trial Membership”) or a monthly membership (the “Monthly Membership”) (collectively, the “Plans”). After an initial free trial period, BCL will charge the registered user to the site a $24.99 Monthly Membership fee (the “Monthly Fee”). The Monthly Fee shall be recurring unless otherwise canceled. If a Member elects to cancel, no portion of the Monthly Fee shall be refunded. BCL uses a third party service to process credit cards, and the name Blue Collar Lists will appear on your billing or credit card statement.
(b) Membership Benefits The benefits of Your BCL Plan are available only while Your Plan is active and Your BCL account is in good standing. BCL reserves the right to modify the Plans at any time and in its sole discretion. The details of Your selected Plan, including the price and the various benefits offered therein, might be different than those details applicable to another new or existing member who purchased the same Plan in the same market. You may check Your plan details under the Subscription Details Tab in the BCL app (“App”), or at www.bluecollarlists.com.
2. REGISTRATION INFORMATION
In consideration of your use of the Site, you acknowledge and agree to: (a) provide true, accurate, current and complete information about yourself as prompted by any registration form that you may fill out on the Site (such information being the “Registration Data”) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any Registration Data that is untrue, inaccurate, not current or incomplete, or if We suspect that such Registration Data is untrue, inaccurate, not current or incomplete, We have the sole and exclusive right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).
You may receive a password and/or account designation, or a digital signature upon completing the registration process on the Site. You are responsible for maintaining the confidentiality of any such password, digital signature and account, and are fully responsible for all activities that occur under your password, digital signature or account. You agree to (a) immediately notify Us of any unauthorized use of your password, digital signature or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. BCL cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.
If a code is entered at the time of registration, BCL may use that code to provide a monetary commission to a sales representative, who may or may not also be a BCL Member. In addition, that code entered may be used allocate BCL reward points for the benefit of a member to redeem prizes or enter to win a sweepstakes.
3. MINIMUM AGE
You must be 18 years of age or older to use the Site and/or register for Services.
4. USE VOID WHERE PROHIBITED Membership in the Service is void where prohibited.
6. SERVICE FEES AND BILLING METHODS; AUTOMATIC RENEWAL
(a) Membership Fee
BCL will charge You a membership fee in order to provide the Service. Your membership fee is the amount You were charged for one term of Your Subscription or Plan, not including any promotions or discounts that may have been applied (the “Membership Fee”). For this or other reasons, the Membership Fee might be different than the amount paid by another new or existing member who purchased the same services in the same market. You may check Your account subscription in the APP in the Profile section (i.e. see subscription Tab), or by logging into you account at www.bluecollarlists.com.
You acknowledge that BCL reserves the right, at any time, to modify its Membership Fees and billing methods. BCL uses a third party service to process credit cards, and the name Blue Collar Lists will appear on your billing or credit card statement.
(b) Automatic Renewal After an initial free trial period, BCL will charge the registered user to the site a $24.99 Monthly Membership fee (the “Monthly Fee”) each month on the same day as your first registration to the Site (the “Renewal Date”). The Monthly Fee shall be recurring unless otherwise canceled. If a Member elects to cancel, no portion of the Monthly Fee shall be refunded. You must cancel your Membership at least seven (7) days prior to the next billing cycle in order to avoid further charges.
If the payment processing for the renewal of Your Membership fails for any reason, we will notify you by e-mail to the e-mail address associated with your user name. You will have thirty (30) days to update your payment information or your access to the Site will be denied. You will be responsible for any missed payments.
(c) Canceling Your Plan
You may cancel Your Plan at any time by selecting the “Cancel” button within the BCL mobile application or website or by emailing email@example.com. If You wish to avoid renewal, Your cancellation request must be received at least seven (7) days prior to Your Renewal Date.
(d) Membership Fee Refund Policy:
1. Under no circumstances shall refunds exceed the amount you paid for your Membership Fee during the prior membership term.
2. If a Member elects to cancel, no portion of the Monthly Fee shall be refunded.
7. ACCOUNT SECURITY
You may receive a password and/or account designation, or a digital signature upon completing the registration process on the Site. You are responsible for maintaining the confidentiality of any such password, digital signature and account, and are fully responsible for all activities that occur under your password, digital signature or account. You agree to (a) immediately notify Us of any unauthorized use of your password, digital signature or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. BCL cannot and will not be liable for any loss or damage arising from your failure to comply with this section.
8. LIMITED LICENSE
TO WEBSITE By agreeing to the terms and conditions of these Terms, BCL grants You a limited license to access and use the reviews and ratings offered by the Service. You acknowledge and agree that You will not access, reproduce, duplicate, copy, sell, re-sell, visit or otherwise exploit for any commercial, educational, or any other non-personal purpose the reviews and ratings and any content, without the express written consent of BCL.
9. SUBMISSIONS OF REVIEWS
In order for You to submit Your own reviews and ratings on the Website, You acknowledge and agree that:
1. all of Your reviews and ratings will either be based upon: (i) Your actual first-hand experiences with the Employers You are reviewing;
2. all of Your reviews and ratings of the Employers that You are rating will be accurate, truthful and complete in all respects;
3. You do not work for, own any interest in, or serve on the board of directors of, any of the Employers for which You submit reviews and ratings;
4. You do not work for, own any interest in or serve on the board of directors of any competitors of the Employers for which You submit reviews and ratings;
5. You are not in any way related (by blood, adoption, marriage, or domestic partnership, if the Service Provider is an individual) to any of the Employers for which You submit reviews or ratings;
6. Your name and review information will be made available to the Employers on which You review; and
7. BCL may redact, delete, or reject Your reviews if they do not conform with BCL’s publication criteria, which may change from time to time at BCL’s sole discretion.
Any dispute, controversy or claim arising out of or relating to these Terms, or its breach, which cannot be resolved between the parties through negotiation within thirty (30) days, shall be submitted to the American Arbitration Association (“AAA”) for mandatory binding arbitration in front of a single arbitrator chosen in accordance with the AAA Rules. Discovery shall be permitted, but only to the extent that the documents are directly relevant to the issues and such production will be at a reasonable cost.
11. CONTENT LICENSE AND PROMOTION PLACEMENT
You hereby grant BCL, during the course of your usage of the BCL private member site, a royalty-free, perpetual, irrevocable non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, publicly perform, and publicly display the communication and any trademarks, names or likenesses therein alone or as part of compilations or other works in any form, media, or technology whether now known or hereafter developed, and to sublicense such rights through multiple tiers of sub-licensees. (Provisions conferring similar rights on BCL that may apply under separate terms or agreements with respect to certain matter submitted other than in Public Areas; you should check the applicable agreements or terms provided by Us in order to ascertain your rights.)
12. PRIVACY, PUBLICATION AND DISTRIBUTION OF CONTENT
We do not screen communications, reviews, or comments in advance and will not be responsible for screening or monitoring material posted by You and/or other Users. As a User, you agree that are responsible for your own communications and are responsible for the consequences of their posting. You must not do any of the following things while accessing or using the Site or using the Material: (1) post or transmit any material unless you are the owner of all patent, trademark, copyright, trade secret or other proprietary rights (“Rights”) therein, or have the permission of the owner of the Rights to post or transmit such material to the Site; (2) post material that otherwise violates any Rights of any third party or violates or infringes on the privacy or publicity rights of third parties; (3) post material that is obscene, defamatory, threatening, harassing, abusive, hateful, embarrassing or otherwise objectionable to another User or any other person or entity; (4) post sexually-explicit language or images; (5) post advertisements or solicitations of business; (6) post or transmit any chain letters or pyramid schemes; (7) impersonate another person or entity; (8) intentionally or unintentionally violate any applicable local, state, national or international law while using or accessing the Site or the Material; (9) post or transmit any information containing a virus or other harmful component; or (10) use any information obtained on the Site to solicit a job, harass, or retaliate against any person or business.
If notified by a User of communications that allegedly do not conform to any term of these Terms, We may investigate the allegation and determine in Our sole discretion whether to remove or request the removal of the communication. BCL has no liability or responsibility to Users for performance or non-performance of such activities. We reserve the right, in our sole discretion, to expel Users and prevent their further access to the Site for violating these Terms or the law. We also reserve the right at all times to disclose any information as necessary or deemed desirable by Us to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in BCL’s sole discretion.
BCL DOES NOT ENDORSE, SUPPORT, REPRESENT OR GUARANTEE THE TRUTHFULNESS, ACCURACY, OR RELIABILITY OF ANY COMMUNICATIONS POSTED BY OTHER USERS OR ENDORSE ANY OPINIONS EXPRESSED BY USERS. YOU ACKNOWLEDGE THAT ANY RELIANCE ON MATERIAL POSTED BY OTHER USERS WILL BE AT YOUR OWN RISK.
13. YOUR CONDUCT
In connection with Your use of the Service, You represent and warrant that You:
1. are above the age of eighteen (18);
2. will abide by the letter and spirit of the terms and conditions of these Terms and all applicable local, state, national or international laws;
3. will not submit any reviews that may be considered by BCL to be unlawful, harassing, libelous, abusive, threatening, obscene, profane, hateful, offensive, harmful, vulgar, distasteful, defamatory, invasive of another person’s privacy or proprietary rights, or racially, ethnically or otherwise objectionable;
4. will submit thorough and thoughtful reviews of the Employers You review (for example, submitting a review describing an Employer as “He/She is great.” without additional commentary is not a thorough and thoughtful review);
5. will not submit reviews that comment on other users or the reviews of other users;
6. will not impersonate, or attempt to impersonate, any other person, falsify contact information, misrepresent a relationship with any person or entity, including misrepresenting a relationship with BCL or otherwise attempt to mislead others as to the identity of the sender or the origin of a review or rating;
7. will not submit reviews that are encrypted or that contain viruses, Trojan horses, worms, time bombs, spiders, cancelbots, or other computer programming routines that are intended to damage, interfere with, disrupt, impair, disable or otherwise overburden our Website;
8. will not access, download or copy any information contained on our Website through artificial means (including but not limited to spiders, hacking devices, computer programs, bots or other such means);
9. will not post non-local or otherwise irrelevant Content, repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on our infrastructure;
10. will not take any action that would undermine the review and rating process under the Service;
11. will not attempt to gain unauthorized access to the Service, other user accounts, or other computer systems or networks connected to the Service;
12. will not use the Service in any manner that infringes, misappropriates or violates any third party’s rights, including, but not limited to, transmitting any material that may infringe, misappropriate or violate a third party’s rights of publicity, contractual rights, fiduciary rights or intellectual property rights;
13. will not use the Service in any way that could interfere with the rights of BCL or the rights of other users of the Service;
14. have sufficient rights in and to all Content that You provide, transmit or otherwise convey to BCL in connection with the Service;
15. agree not to re-sell or assign Your rights or obligations under these Terms;
16. will not reproduce, duplicate, copy, sell, re-sell or exploit any Content;
17. will not access any Content for any commercial, educational or other purposes not related to Your personal purchasing decisions, the express written consent of BCL, which consent may be withheld by BCL in our discretion
18. grant us an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute the Content and to prepare derivative works of, or to incorporate such Content into other works, and to grant and to authorize sub-licenses of the foregoing;
19. agree not to create an account or use BCL services if Your account previously has been terminated by BCL or if You previously have been banned from using the services; and
20. agree not to: (i) register for more than one account or register for an account on behalf of an individual other than Yourself; (ii) impersonate any person or entity, including, but not limited to, BCL personnel, or falsely state or otherwise misrepresent Your affiliation with a person or entity; or (iii) advocate, encourage or assist any third party in doing any of the foregoing activities in this subsection.
The reviews and ratings that You provide do not reflect the views of BCL, its officers, managers, owners, employees, agents, designees or other users. In addition, BCL retains the right, in its sole discretion, to determine whether or not Your use of the Service is consistent with the terms and conditions of these Terms. BCL may suspend, restrict or terminate Your use of the Service and to refuse any future use of all or portions of the Service if Your use breaches or fails to comply with any of the terms and conditions of these Terms. Additionally, BCL may seek any and all other remedies available to it, including: (a) seeking injunctive relief with any court of competent jurisdiction to enjoin any breach or failure to comply with any of the terms and conditions of these Terms; and/or (b) if damages are ascertainable, seeking damages relating to any breach or failure to comply with any of the terms and conditions of these Terms.
14. DISCLOSURE OF INFORMATION
As BCL continues to develop its business, it might sell or buy other companies or assets or be acquired or have substantially all of its assets acquired by a third party. In such transactions, customer information generally is one of the transferred business assets. You hereby consent to the transfer of Your information as one of the transferred assets and to be used for any purpose allowed under these Terms.
15. TERM AND TERMINATION
The term of these Terms (“Term”) will be in effect and continue so long as You have an active Membership or Plan. In other words, the Term shall continue through each automatic Plan renewal until termination by either party in accordance with the terms of these Terms.
BCL may, for any reason in its sole discretion, immediately terminate these Terms, Your account, and Your access to the Service.
Termination of Your account may include removal of Your access to all offerings of the Service, deletion of Your password, deletion of all related information and files, may include the deletion of the Content associated with Your account (or any part thereof), and barring Your further use of the Service. Upon Termination or cancellation of Your account, BCL retains the right to continue using any review and/or content you have entered or posted on the Site.
16. MODIFICATION OF TERMS AND CONDITIONS
By accessing and using the Site, you accept and agree to be bound, without modification, limitation or qualification, by the Terms. We may, at our sole discretion, modify or revise the Terms at any time by updating the text contained herein. However, You are bound by any such modification or revision and should therefore visit this page periodically to review the Terms.
17. MODIFICATION, LIMITATION AND DISCONTINUANCE OF SERVICE
BCL reserves the right at any time to limit access to, modify, change or discontinue the Service with or without notice to You and we shall not be liable to You for any such modification, suspension or discontinuance of the Service. You agree that BCL will not be liable to You or to any third party for any such limitation, modification, change, suspension or discontinuance of the Service. You agree that BCL may establish general practices, policies and limits, which may or may not be published, concerning the use of the Service, including without limitation, the time that reviews and ratings will be retained, the maximum number of reviews and ratings that may be sent from an account, the length of reviews and ratings sent, and the maximum number of times and the maximum duration for which You may access the Service in a given period of time. You agree that BCL has no responsibility or liability for the deletion or failure to store any reviews, ratings and other communications maintained or transmitted by or through the Service. You agree that BCL has the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
The Service may be subject to limitations, delays and other problems inherent in the use of the Internet and electronic communications. BCL is not responsible for any delays, failures or other damage resulting from such problems.
19. USER FEEDBACK
BCL appreciates hearing from You, as well as our other users, and welcomes Your comments regarding our Service. Please be advised, however, that our policy does not permit us to accept or consider creative ideas, suggestions, or materials other than those which we have specifically requested. Although we do value Your feedback on our Service, please be specific in Your comments regarding our services and do not submit creative ideas, suggestions or materials. If, despite our request, You send us creative suggestions, ideas, drawings, concepts or other information (collectively, the “Submissions”), such Submissions will be the property of BCL. In addition, none of the Submissions will be subject to any obligations of confidentiality and BCL will not be liable for any future use or disclosure of such Submissions.
20. COPYRIGHT MATERIALS
The content of the Site, such as text, graphics, images, audio, video, data, coding, scripts, computer programs and other material (“Material” or “Materials”), are protected by copyright under the laws of the United States as well as other countries, and are owned or controlled by the Us or certain third parties that licensed their Material to BCL. We authorize you to view and download a single copy of the Material solely for your personal, non-commercial use, or in the case of founding members/ambassadors, or dealers, to display to your clients solely for purposes of facilitating a transaction with BCL. The use of any software, if applicable, that is made available for downloading from the Site (“Software”) is governed by the terms of the software license agreement accompanying such software (the “License Agreement”), and is conditioned on your agreement to be bound by the terms of the License Agreement. All rights in and to the Material not expressly granted to you in the Terms are reserved. Neither the availability of, nor anything contained within the Site shall be construed as conferring any license under any of BCL’s or any third party’s intellectual property rights, other or further than as expressly provided in the foregoing provisions of this paragraph, whether by implication, estoppel or otherwise.
If you violate any provision of the Terms, your permission to use the Material and the Web Site automatically terminate and you must immediately destroy any copies you have made of the Material.
We respect the intellectual property of others, and we ask our Users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide the BCL’s Copyright Agent the following information:
• an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
• a description of the copyrighted work that you claim has been infringed;
• a description of where the Material that you claim is infringing is located on the site; and
• your address, telephone number, and e-mail address;
• a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
• a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf
Unless otherwise modified, BCL’s Copyright Agent for Notice of claims of copyright infringement is:
Adam Sean, Manager
114 R Washington St.
Marblehead, Massachusetts 01945
21. WARRANTY DISCLAIMER
THE SITE AND MATERIAL ARE PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. BCL AND ITS SUPPLIERS DISCLAIM, TO THE FULLEST EXTENT PERMITTED BY LAW, ALL WARRANTIES, INCLUDING THE WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OF PROPRIETARY OR THIRD-PARTY RIGHTS, AND THE WARRANTY OF FITNESS FOR PARTICULAR PURPOSE. BCL AND ITS SUPPLIERS MAKE NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIAL, SERVICES, SOFTWARE TEXT, GRAPHICS, AND LINKS. SOME STATES/JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS WHICH VARY DEPENDING ON YOUR STATE/ JURISDICTION.
22. LIMITATION OF LIABILITY AND DAMAGES
BCL does not guarantee the accuracy, reliability, integrity, quality or appropriateness of any Material on the Site. You acknowledge that BCL acts only as a passive conduit and an interactive computer service provider for the publication and distribution of Material and for the publication and distribution of Material posted by others. You understand that all Material posted on, transmitted through, or linked through the Site, are the sole responsibility of the person from whom the Material originated. BCL does not control, and is not responsible for, the Material made through the Site, and You agree that by using the Site, you may be exposed to Material that is inaccurate, misleading, or offensive. You agree that you must evaluate and make your own judgment regarding the use of any Material on the Site.
You agree that BCL may establish general practices, policies, and limits, which it may or may not publish, concerning the use of the Site, including without limitation, the time that reviews and ratings will be retained, the maximum number of review and ratings that may be sent from an account, the length of reviews and ratings sent, and the maximum number of times and the maximum duration for which you may access the Site and Material in a given period of time. You agree that BCL has no responsibility or liability for the deletion or failure to store any Material or other materials maintained or transmitted by or through the Site. You agree that BCL has the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
BLUE COLLAR DOES NOT WARRANT THAT THE SITE WILL OPERATE ERROR FREE, CONTINUOUSLY OR WITHOUT INTERRUPTION, OR THAT THE SITE OR ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL CONTENT. IF YOUR USE OF THE SITE OR THE MATERIAL RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, WE ARE NOT RESPONSIBLE FOR THOSE COSTS.
IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY PROVISION OF THE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE. UNDER NO CIRCUMSTANCES SHALL BCL BE LIABLE TO ANY USER OR ANY THIRD PARTY ON ACCOUNT OF THAT USER’S USE OF THE SITE. IN NO EVENT SHALL BCL AND/OR ITS SUPPLIERS BE LIABLE TO YOU OR ANY SUCH THIRD PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, THE DELAY OR INABILITY TO USE THE SITE, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE WEB SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF WE OR ANY OF OUR SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT BCL CONTRACTS WITH A THIRD PARTY TO PROCESS YOUR PAYMENT OF MEMBERSHIP FEES TO BCL THROUGH THE USE OF A CREDIT CARD (A “CREDIT CARD PROCESSOR”). YOU UNDERSTAND AND AGREE THAT NEITHER A CREDIT CARD PROCESSOR NOR ANY OTHER PARTY INVOLVED IN THE CREDIT CARD PROCESSING PROCESS FOR BCL, INCLUDING, BUT NOT LIMITED TO, THE COMPANY ISSUING THE CREDIT CARD TO YOU AND THE MERCHANT BANK (COLLECTIVELY, THE “RELEASED PARTIES”) SHALL BE LIABLE FOR ANY DAMAGES (AS DEFINED HEREIN AND SUBJECT TO THE LIMITATIONS SET FORTH IN THIS SECTION SUFFERED BY YOU AS A RESULT OF THE FAILURE OF BCL TO PROVIDE SERVICES TO YOU UNDER THESE TERMS OR ANY BREACH OF THESE TERMS BY BCL. YOU HEREBY RELEASE EACH OF THE RELEASED PARTIES FROM ANY AND ALL DAMAGES YOU MAY SUFFER AS A RESULT OF THE FAILURE OF BCL TO PROVIDE SERVICES TO YOU UNDER THESE TERMS OR ANY BREACH OF THESE TERMS BY ANGIE’S LIST. YOU AGREE TO INDEMNIFY AND HOLD HARMLESS EACH OF THE RELEASED PARTIES FOR ANY AND ALL DAMAGES IT MAY SUFFER AS A RESULT OF YOUR BREACH OF THIS SECTION. YOU HEREBY UNDERSTAND AND AGREE THAT BCL SHALL BE SOLELY LIABLE FOR THE PAYMENT OF ANY DAMAGES TO YOU UNDER THESE TERMS.
23. EXPORT CONTROL OF SOFTWARE AND TECHNICAL DATA
The following applies with respect to Software and other Material of a technical nature that you may obtain from the Site. The United States controls the export of such items. You agree to comply with such restrictions and not to export or re-export the Material (including Software) to countries or persons prohibited under the export control laws. By downloading the Material (including Software), you are agreeing that you are not in a country where such export is prohibited and that you are not on the U.S. Commerce Department’s Table of Denial Orders or the U.S Treasury Department’s list of Specially Designated Nationals. You are responsible for compliance with the laws of your local jurisdiction regarding the import, export, or re-export of the Software and/or other Material.
You agree to defend, indemnify, and hold harmless BCL as well as our officers, directors, employees and agents, from and against any losses, liabilities, damages, costs, and expenses, including, without limitation, reasonable legal, expert and accounting fees, incurred in connection with any claims, actions or demands alleging or resulting from your use of the Material (including Software), your breach of these Terms, or your violation of law or of the rights of any third party. We shall provide notice to you promptly of any such claim, suit, or proceeding and, if it is one asserted by a third party, shall provide reasonable assistance to you, at your expense, in defending any such claim, suit or proceeding.
25. ENTIRE AGREEMENT
These Terms constitute the entire Agreement between you and Us with respect to the use of the Site. Any changes to these Terms must be made in writing, signed by an authorized representative of the BCL.
26. GOVERNING LAW
The Site is based in the Commonwealth of Massachusetts, U.S.A. All legal issues arising from or related to the use of the Site shall be construed in accordance with and determined by the laws of the Commonwealth of Massachusetts applicable to contracts entered into and performed within the Commonwealth of Massachusetts without respect to its conflict of laws principles. By using the Site, you agree that the exclusive forums for any claims or causes of action arising out of your use of the Site shall be within Essex County in the State of Massachusetts. You hereby irrevocably waive, to the fullest extent permitted by law, any objection which you may now or hereafter have to the laying of the venue of any such proceeding brought in such a tribunal will be deemed an inconvenient forum. If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. The failure of BCL to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision, and no waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site must be filed within one (1) year after such claim or cause of action arose or be forever barred. These Terms constitute the entire Agreement between you and Us with respect to the use of the Site. Any changes to these Terms must be made in writing, signed by an authorized representative of BCL.
27. PROVISIONS REMAINING IN EFFECT
In the event Your Plan with BCL is terminated or lapses or You are no longer a user of BCL, certain provisions of these Terms will continue to remain in effect. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THESE TERMS, YOU MUST NOT USE THE SERVICE. BY USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THE TERMS AND CONDITIONS OF THESE TERMS AND YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.
To contact us with any questions or concerns in connection with these Terms or the Site, please write to us at: Blue Collar Lists, 114 R Washington St., Marblehead, Massachusetts 01945 or email us at firstname.lastname@example.org.