Terms & Conditions

 

 

www.vmoBrightBlue.com  WEB SITE AND SERVICE TERMS AND CONDITIONS OF USE

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. THESE TERMS AND CONDITIONS OF USE MAY HAVE CHANGED SINCE YOUR LAST VISIT TO THIS WEB SITE AND TO THE SERVICE. YOU AGREE TO CHECK FOR UPDATES TO THESE TERMS AND CONDITIONS OF USE. BY USING THIS WEB SITE OR THE SERVICE, YOU INDICATE YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS OF USE. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS OF USE, THEN DO NOT USE THIS WEB SITE OR THE SERVICE.

 

Copyright © 2010-2015 BrightBlue Marketing, Inc. All Rights Reserved.

This web site, www.vmobrightblue.com, and the information which it contains, is the property of BrightBlue Marketing and its affiliates and licensors, and is protected from unauthorized copying and dissemination by United States copyright law, trademark law, international conventions and other intellectual property laws. By way of example only, and not as a limitation, "BrightBlue Marketing" and the BrightBlue Marketing logo are registered trademarks of BrightBlue Marketing under the applicable laws of the United States and/or other countries. Other BrightBlue Marketing product or service names or logos appearing in this web site are either trademarks or registered trademarks of BrightBlue Marketing and/or its affiliates. The absence of a product or service name or logo from this list does not constitute a waiver of BrightBlue Marketing trademark or other intellectual property rights concerning that name or logo.

The Services are provided subject to these Terms and Conditions of Use, as they may be amended by BrightBlue Marketing, and any guidelines, rules or operating policies that BrightBlue Marketing may establish and post from time to time (collectively, the "Agreement"), including without limitation BrightBlue Marketing’s customer Privacy Policy, as linked from all email generated from BrightBlue Marketing or otherwise furnished to you (unless otherwise stated, all references to the Agreement shall include the Privacy Policy). By posting updated versions of the Agreement on the vmobrightblue.com web site, or otherwise providing notice to you, BrightBlue Marketing may modify the terms of the Agreement and may discontinue or revise any or all other aspects of the Service in its sole discretion. Except as otherwise provided in the Agreement, all such changes shall become effective upon the posting of the revised Agreement on the Service or at www.vmobrightblue.com.

 

Subject in each case to the terms listed in the remainder of this Agreement, you hereby represent, acknowledge and agree that:

·  The Service may not be used for the sending of unsolicited email (sometimes called "spam").
·  The Service may only be used for lawful purposes.
·  The Service may not be used for hosting content, including images and documents, that infringes on the intellectual property rights of others, including copyright, trademark and patent infringement, or that includes any obscene or libelous material or other material that violates any applicable law or regulation.
·  You agree you will not access or otherwise use third party mailing lists or otherwise prepare or distribute unsolicited email, in connection with the Service.
·  You agree to import, access or otherwise use only lists for which all listed parties have consented to receive correspondence from you ("Permission Based Lists") in connection with your use of the Service. Mere agreement of a person or entity to participate in a survey or register for an event is not consent to receive correspondence from you unrelated to such survey or event. For respondents to your surveys or registrants to your events, consent to receive other correspondence from you is evidenced by the respondent or registrant opting into the "Join My Mailing List" link in the course of responding to your survey or registering for your event. You hereby covenant that you shall not use any other lists in connection with your use of the Service.
·  You acknowledge and agree that not all email messages sent through use of the Service will be received by their intended recipients.
·  Every email message sent by you in connection with the Service must contain the BrightBlue Marketing "unsubscribe" link that allows the recipient to remove themselves from your mailing list.
·  You will comply with the restrictions on content of email messages and activities using the Service as set forth or referenced in this Agreement.
·  You acknowledge and agree that you are the sole or designated "sender" (as such term is defined in the CAN-SPAM Act of 2003 and any rules adopted under such act) of any email message sent by you using the Service.
·  You agree that the "from" line of any email message sent by you using the Service will accurately and in a non-deceptive manner identify your organization, your product or your service.
·  You agree that the "subject" line of any email message sent by you using the Service will not contain any deceptive or misleading content regarding the overall subject matter of the email message.
·  You agree to include in any email message sent by you using the Service your valid physical address, which may be a valid post office box meeting the registration requirements established by the United States Postal Service.
·  You agree that in any email message sent by you using the Service you will not include any incentives (e.g., coupons, discounts, awards) that encourage a recipient to forward the email message to another recipient.
·  In your use of the Service, you agree to represent you or your organization accurately and will not impersonate any other person, whether actual or fictitious.
·  You will adopt and maintain the Privacy Policy, which may be modified by BrightBlue Marketing from time to time.
·  You agree to not interfere with or disrupt this web site or any related BrightBlue Marketing web sites or servers or networks connected to this web site or any related BrightBlue Marketing web sites.
·  If you are accessing or using the Service through a Third Party Service, you will abide by this Agreement regardless of anything to the contrary in your agreement with such third party. You shall not use such Third Party Service to avoid the restrictions set forth in this Agreement. 

 

Accepted method of payments include the following credit cards: American Express, MasterCard, and Visa.  Payment schedule options include a monthly recurring credit card charge for the package price selected or a one time yearly fee at a ten percent (10%) discount. Payment is collected upon entering and submitting your billing information online.

In addition to fees for Services, Client agrees to pay the following pre-approved Additional Costs when applicable, for which Client will be billed upon purchasing online: 

 

BrightBlue Marketing is required to provide a refund only if we terminate our Services to you without cause before the end of a month for which you have paid. There is no other circumstance in which you will be entitled to a refund from us. We may, at our sole discretion, offer refunds in other situations subject to any Member seeking such refund applying for the refund in accordance with the requirements we post on the website, which may be changed from time to time.

 

6.  Privacy Policy and Permission Practices.

6. 1 Privacy at BrightBlue Marketing and vmobrightblue.com
BrightBlue Marketing is committed to protecting the privacy of our web site visitors and clients. BrightBlue Marketing’s web site uses security measures to protect against the loss, misuse, and alteration of the information under our control. We store the information in a database in a secure environment at our data center.

We will never share, sell, or rent individual personal information with anyone without your advance permission or unless ordered by a court of law. Information submitted to us is only available to employees managing this information for purposes of contacting you or sending you e-mails based on your requesting information.

 

6.2 Anti Spam Policy
To ensure compliance with federal legislation and our terms of use, you agree to make sure everyone in the list you're importing:
- is a customer, member or subscriber of your business or organization;
- has signed up or otherwise asked to receive your emails;
- has purchased a good or service from you in the past 18 months

NOTE: You agree NOT to email any address that has been purchased, rented, appended, harvested or in any way obtained from a third party or without the email address owner's awareness and permission. In addition, you agree NOT email any address that was initially obtained more than 18 months ago and has not received any correspondence from you since that time.

You agree to import, access or otherwise use only Permission Based Lists in connection with your use of the Service. You hereby covenant that you shall not use any other lists in connection with your use of the Service. Without limiting the foregoing, you agree that you shall not utilize the Service to send any commercial electronic mail message (as that term is defined in the CAN-SPAM Act of 2003) to any person who has opted out or otherwise objected to receiving such messages from you or another sender on whose behalf you may be acting. You cannot mail to distribution lists, newsgroups, publicly available press or media addresses or spam or unsolicited email addresses. You cannot copy a BrightBlue Marketing template or any other features or functionality from the Service and use them for any purpose other than sending email messages from the Service. This restriction also applies to customized templates prepared by BrightBlue Marketing. Emails that you send through the Service may generate spam complaints from recipients. As a matter of privacy, BrightBlue Marketing cannot share with you the email addresses of those who complain about your emails. You are responsible for ensuring that your emails do not generate a number of spam complaints in excess of industry norms. BrightBlue Marketing, in its sole discretion, shall determine whether your level of spam complaints is within industry norms, and its determination shall be final, binding and conclusive for all purposes under this Agreement. BrightBlue Marketing will terminate your use of its Service if BrightBlue Marketing determines that your level of spam complaints is higher than industry norms (as determined by BrightBlue Marketing).

 

 

 

 

You may terminate this Agreement at any time by calling BrightBlue Marketing, Inc. Customer Support. There are no refunds for any fees paid. YOU ARE RESPONSIBLE FOR TERMINATING YOUR ACCOUNT AND THIS AGREEMENT AND BRIGHTBLUE MARKETING, INC. IS NOT RESPONSIBLE FOR YOUR FAILURE TO PROPERLY TERMINATE YOUR ACCOUNT AND THIS AGREEMENT AND ANY CREDIT CARD CHARGES AND FEES YOU INCUR AS A RESULT OF YOUR FAILURE TO PROPERLY TERMINATE YOUR ACCOUNT AND THIS AGREEMENT.
BrightBlue Marketing may terminate this Agreement or the Products, disable your account or put your account on inactive status, in each case at any time with or without cause, and with or without notice. BrightBlue Marketing shall have no liability to you or any third party because of such termination or action.
BrightBlue Marketing may delete any of your archived data within 30 days after the date of termination. After termination, you shall process all unsubscribe requests within 30 days of your last email campaign. BrightBlue Marketing will provide upon request the list of unsubscribe requests from your account. Under the CAN-SPAM Act of 2003, you acknowledge that you are responsible for maintaining and honoring the list of unsubscribe requests following termination of your account and this Agreement.
All sections of this Agreement that by their nature should survive termination will survive termination, including, without limitation, ownership, warranty disclaimers and limitations of liability.
If your account is classified (at BrightBlue Marketing’s sole discretion) as inactive for over 120 days, BrightBlue Marketing has the right to permanently delete your subscriber data. BrightBlue Marketing will use good faith efforts to contact you via email prior to taking any permanent removal actions.

You hereby agree to defend, indemnify and hold harmless BrightBlue Marketing and its business partners, third-party suppliers and providers, licensors, officers, directors, employees, distributors and agents against any damages, losses, liabilities, settlements, and expenses (including without limitation costs and reasonable attorneys' fees) in connection with any claim or action that (i) arises from any alleged breach of this Agreement, (ii) arises from the content or effects of any messages you distribute or events you host using the Service or (iii) arises from your activities or postings on the BrightBlue Marketing Community, (iv) arises from your activities related to BrightBlue Marketing University, (v) otherwise arises from or relates to your use of the Service. In addition, you acknowledge and agree that BrightBlue Marketing has the right to seek damages when you use the Service for unlawful purposes, in an unlawful manner, and/or in a manner inconsistent with the terms of this Agreement, and that such damages may include, without limitation, direct, indirect, special, incidental, cover, reliance and/or consequential damages.  In addition, In the event that BrightBlue Marketing is required to respond to a third party or law enforcement subpoena that is related to your use of the Service, BrightBlue Marketing may in its sole discretion require you to reimburse BrightBlue Marketing for its reasonable expenses associated with complying with such subpoena.

USE OF THE SERVICE AND ANY RELIANCE BY YOU UPON THE SERVICE, INCLUDING ANY ACTION TAKEN BY YOU BECAUSE OF SUCH USE OR RELIANCE, IS AT YOUR SOLE RISK. BRIGHTBLUE MARKETING DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICE. THE SERVICE ARE PROVIDED "AS IS" AND BRIGHTBLUE MARKETING DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.

Your sole and exclusive remedy for any failure or nonperformance of the Service shall be for BrightBlue Marketing to use commercially reasonable efforts to adjust or repair the Service.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL BRIGHTBLUE MARKETING OR ANY OF ITS UNDERLYING SERVICE PROVIDERS, BUSINESS PARTNERS, INFORMATION PROVIDERS, ACCOUNT PROVIDERS, LICENSORS, OFFICERS, DIRECTORS, EMPLOYEES, DISTRIBUTORS OR AGENTS (COLLECTIVELY REFERRED TO FOR PURPOSES OF THIS SECTION AS "BRIGHTBLUE MARKETING") BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY MONEY DAMAGES, WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, COVER, RELIANCE OR CONSEQUENTIAL DAMAGES, EVEN IF BRIGHTBLUE MARKETING SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. IN THE EVENT THAT, NOTWITHSTANDING THE FOREGOING, BRIGHTBLUE MARKETING IS FOUND LIABLE TO YOU FOR DAMAGES FROM ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE), THE MAXIMUM AGGREGATE LIABILITY OF BRIGHTBLUE MARKETING TO YOU ARISING IN CONNECTION WITH THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT YOU PAID FOR THE SERVICE IN THE TWELVE (12) MONTHS PRIOR TO THE ACCRUAL OF THE APPLICABLE CLAIM, LESS ANY DAMAGES PREVIOUSLY PAID BY BRIGHTBLUE MARKETING TO YOU IN THAT TWELVE (12) MONTH PERIOD. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.

 

This web site may contain links to non-BrightBlue Marketing web sites and access to certain third-party services, which may include, without limitation, social bookmarking services. These links and services are provided to you as a convenience, and BrightBlue Marketing is not responsible for the content of any linked web site or use of any third-service service. Any non-BrightBlue Marketing web site or service accessed from this web site is independent from BrightBlue Marketing, and BrightBlue Marketing has no control over, and assumes no responsibility for, the content, privacy policy, terms of use and practices of such web site or service.  Any such web site or service has terms of use and a privacy policy different than this Agreement and BrightBlue Marketing's Privacy Policy.  In addition, a link to any non-BrightBlue Marketing web site or access to a third-party service does not imply that BrightBlue Marketing endorses or accepts any responsibility for the content or use of such web site or service.  By using any such web site or service, you expressly relieve BrightBlue Marketing from any liability arising from your use of such third-party web site and service and any related content.  

In no event shall any reference to any third party or third party product or service be construed as an approval or endorsement by BrightBlue Marketing of that third party or of any product or service provided by a third party.

If you believe any materials accessible on or from this web site or the Service infringe your copyright or other intellectual property, you may request removal of those materials (or access thereto) from this web site or the Service by contacting BrightBlue Marketing's copyright agent (identified below) and providing the following information:

Please contact us about copyright issues relating to this web site and the Service:

BrightBlue Marketing, Inc.
2520 K Avenue, Suite 700-252 
Phone: 469-467-8184
Email: info@brightbluemarketing.com

In an effort to protect the rights of copyright owners, BrightBlue Marketing maintains a policy for the termination, in appropriate circumstances, of subscribers and account holders of this web site who are repeat infringers.

 

 

If any provision of the Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable.

BrightBlue Marketing and you agree that this Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications, and other understandings relating to the subject matter of this Agreement, and that all waivers and modifications must be in a writing signed by both parties, except as otherwise provided herein. No delay or omission by either party in exercising any right or remedy under this Agreement or existing at law or equity shall be considered a waiver of such right or remedy.

No agency, partnership, joint venture, or employment is created as a result of the Agreement, and you do not have any authority of any kind to bind BrightBlue Marketing in any respect whatsoever.

In any action or proceeding to enforce rights under the Agreement, the prevailing party will be entitled to recover its costs and attorneys' fees.

The Agreement shall be governed by the laws of the Commonwealth of Massachusetts, USA without regard to its choice or law or conflict of laws provisions. All legal actions in connection with the Agreement shall be brought in the state or federal courts located in Boston, Massachusetts.

Additional Information
If you have any questions about the rights and restrictions above, please contact BrightBlue Marketing by email at email contact information.

Copyright ©2010-2015, BrightBlue Marketing, Inc. All Rights Reserved.

Revised September, 10