Terms and Conditions, Terms of Service
Blue Collar Market Place Terms of Use & Privacy Policy
Last Updated: 8-25-2020
Terms
IMPORTANT NOTICE: READ THESE TERMS OF USE CAREFULLY. THESE TERMS REQUIRE BINDING ARBITRATION TO RESOLVE ANY DISPUTE OR CLAIM RELATING TO THESE TERMS, THE SERVICES OR PROPERTIES OR ANY RELATIONSHIP BETWEEN US. ANY SUCH DISPUTE OR CLAIM WILL BE RESOLVED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION OR ARBITRATION. THESE TERMS ALSO CONTAIN A DISCLAIMER OF WARRANTIES AND A DISCLAIMER OF LIABILITY, AS WELL AS A RELEASE AND INDEMNIFICATION BY YOU.
Agreement to Terms
This terms of use agreement (these "Terms") constitutes a legally binding contract between you, individually and/or as an agent on behalf of an entity or another registered user ("you") and Blue Collar Market Place, LLC, a North Carolina limited liability company ("Blue Collar Market Place"), with respect to your use of all properties, including this web site or mobile applications (collectively, the "Services" or the “Site”). By accessing or using the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, including any updates posted here or otherwise communicated to you. If you do not agree to the Terms and Privacy Policy, please do not use the Services.
Changes
We reserve the right to modify these Terms and our Privacy Policy at any time by posting a revised version, the date of which is the “Last Updated” date first listed above. Any changes to the Terms will be effective immediately upon posting. Please review the Terms each time you use the Services as your continued use of the Services after such changes will constitute acceptance of and agreement to such changes. You waive any right you may have to receive specific notice of such changes.
Your Rights and Limitations
Eligibility and Minors
To use the Services, you agree that you are at least 18 years of age or the age of majority in your jurisdiction, whichever is greater, and are fully able and competent to enter into, and comply with, these Terms. No part of the Services is directed to anyone under the age of 13. IF YOU ARE UNDER 13 YEARS OF AGE, PLEASE DO NOT USE OR ACCESS THE SERVICES AT ANY TIME OR IN ANY MANNER. Limited License to Blue Collar Market Place Subject to your compliance with these Terms, we hereby grant you, as a User, a limited, revocable, non-exclusive, non-transferable, and non-sublicensable right to access and use the Services for your personal and informational use only.
Your License Grant to Blue Collar Market Place
You own the information you submit to the Services, and you grant Blue Collar Market Place and our affiliates a non-exclusive, worldwide, transferable, and sub-licensable right to use, copy, modify, distribute, publish, and process, the information you provide through our Services, without any additional consent, notice, or compensation to you. You can end the license by deleting your account, except to the extent you shared content with others and taking into account a reasonable time for Blue Collar Market Place to remove content from backup systems. If you submit suggestions or other feedback regarding our Services to Blue Collar Market Place, you agree that we have the irrevocable right to use and/or share such feedback for any purpose without compensation to you.
Limits
Blue Collar Market Place reserves the right to limit your use of the Services. Blue Collar Market Place reserves the right to restrict, suspend, or terminate your account if Blue Collar Market Place believes that you may be in breach of these Terms.
Availability
Blue Collar Market Place may change or abandon any of its Services at any time without notice. We don’t promise to store or display any information or content that you have shared. We have no obligation to store, maintain, or provide a copy of any content or information except as required by applicable law.
Our Services Protected
The Services, including all materials and information, and the selection, arrangement, and composition of such information ("Materials") are the proprietary property of Blue Collar Market Place, its suppliers, and licensors and are protected by the United States and international intellectual property laws, including but not limited to trademark and copyright laws. You agree not to remove, alter, or obscure any copyright, trademark, or proprietary rights notice incorporated in or accompanying the Services. Except for the limited license explicitly granted to you under these Terms, no other license is granted to you, whether by implication, estoppel, or otherwise, and all rights are explicitly reserved. You may not reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code or architectural framework for the Services (except to the extent specifically permitted by applicable law). You also may not access, download, monitor, or copy any information or content contained on or in the Services through automated or artificial means (including, but not limited to, screen and database scraping, spiders, robots, crawlers, deep-link, or any similar or equivalent automatic or manual process), or in any way obtain or attempt to obtain any content or information through any means that Blue Collar Market Place does not intentionally make available through the Services. However, general-purpose Internet search engines and non-commercial public archives that use tools to gather information for the sole purpose of displaying hyperlinks to the Services are granted a limited exception from the foregoing exclusion, provided that they do so from a stable IP address or range of IP addresses using an easily-identifiable agent that adheres to all limitations set forth in any applicable robots.txt file. You may not harvest information for any purpose. You may not frame any part of our Services. You may not use, or attempt to use, the Services through any means not explicitly and intentionally made available, provided or intended with respect to the Services (including, but not limited to, attempting to gain unauthorized access to any portion of the Services, or any other systems connected to the Services). You may not use or access the Services in any manner that could damage, disable, overburden, or impair the Services or that could interfere with the rights of or otherwise harm Blue Collar Market Place, any users, or any other person.
Third-Party Intellectual Property
All non-Blue Collar Market Place trademarks, product names and logos appearing on our Services are the property of their respective owners. The Services may contain Blue Collar Market Places to third party websites, advertisements, services, offers, activities, or other content (collectively, "Third Party Materials"). These Third-Party Materials are not owned or controlled by Blue Collar Market Place. These Third-Party Materials are provided for your reference and convenience only and do not imply any endorsement, sponsorship, or recommendation by Blue Collar Market Place. Third-Party Materials may be subject to their own privacy policies and terms of use that explain and govern your use of those Third-Party Materials.
Consent to Doing Business Electronically
By choosing to use the Site from time to time you will receive disclosures, notices, documents, and information (“Communications”) from Blue Collar Market Place, LLC, or our respective agents (collectively, “we” or “us”). We can only give you the benefits of our service by conducting business through the Internet, and therefore we need you to consent to our giving you Communications electronically. This section informs you of your rights when receiving Communications from us electronically. We may discontinue the electronic provision of Disclosures at any time in our sole discretion.
Your consent to the Terms of Use means that Communications Blue Collar Market Place provides to you electronically shall have the same meaning and effect as if provided in paper form, regardless of whether you actually view those Communications, unless you have withdrawn your consent as stated below.
Scope of Consent: You are agreeing and consenting to our providing you all Communications in electronic form, meaning email, phone call, or SMS. This means that we will not provide paper Communications to you unless and until you withdraw your consent as provided below.
Minimum Requirements: You understand that, in order to view and/or retain copies of the Disclosures, you may need a computer with an Internet connection (PCs should be running Windows 7 or higher and Internet Explorer 10 or higher, Chrome, or Firefox; Macs should be running OSX and Safari, Chrome, or Firefox); a mobile device (iOS 6.0 or higher devices running Safari or Chrome; Android 4.0 or higher devices running Android Browser or Chrome), a valid email address, a working mobile telephone number that can receive text messages, sufficient storage space to save Disclosures or the capability to print the Disclosures from the device on which you view them.
Withdrawing Consent: You may withdraw your consent to receive Communications electronically by contacting us at contact@BlueCollarMarketPlace.com or writing us at Blue Collar Market Place, LLC P.O. Box 204, Mt. Holly, NC 28120-0204. If you withdraw your consent, we reserve the right to limit or close your account. The withdrawal of your consent will not affect the legal validity and enforceability of any pending loans obtained through Blue Collar Market Place. You agree to pay any amount owed to Blue Collar Market Place even if you withdraw Your consent and we close or limit access to your account.
Updating Records: Please keep us informed of any changes in your email, phone number, and mailing address so that you continue to receive all Communications without interruption. To change this information, first, update your profile account, or email us at contact@BlueCollarMarketPlace.com or write to us at Blue Collar Market Place, LLC P.O. Box 204, Mt. Holly, NC 28120-0204
Monitoring of the Site
Blue Collar Market Place has no obligation to monitor the Site; however, you acknowledge and agree that Blue Collar Market Place has the right to monitor the Site electronically from time to time and to disclose any information as necessary or appropriate to satisfy any law, regulation or other governmental requests, to operate the Site, or to protect itself or other users of the Site.
Submissions to the Site
All remarks, discussions, ideas, concepts, know-how, techniques, graphics, feedback or other submissions communicated to Blue Collar Market Place through this Site (collectively, “Submissions”) will be deemed and remain the property of Blue Collar Market Place, and Blue Collar Market Place is entitled to use any Submission for any purpose, without restriction or compensation to the individual who has provided the Submission. Blue Collar Market Place shall not be subject to any obligations of confidentiality regarding Submissions except as expressly agreed by Blue Collar Market Place or as otherwise required by applicable law. Nothing herein contained shall be construed as limiting Blue Collar Market Place’s responsibilities and obligations under its Privacy Policy.
Use of Personally Identifiable Information
Blue Collar Market Place’s practices and policies with respect to the collection and use of personally identifiable information are governed by Blue Collar Market Place’s Privacy Policy.
Availability
This Site is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to applicable law or regulation. By offering this Site and Content no distribution or solicitation is made by Blue Collar Market Place to any person to use the Site or Content in jurisdictions where the provision of the Site and/or Content is prohibited by law.
No Representations Regarding Listings
All listings are categorized according to user entry. Blue Collar Market Place does not make any representations regarding the listing. Blue Collar Market Place does not represent a listed party is licensed, legally operating, or otherwise qualified to perform the listed work. The listed party may make or have made a payment to Blue Collar Market Place to be listed.
Copyright Complaints
If you believe, in good faith, that any materials on the Site infringe your copyrights, notifications of claimed copyright infringement should be sent to Blue Collar Market Place’s designated agent. Notification should include: 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 you claim is infringing is located on the Site; 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 duly authorized to act on the copyright owner’s behalf. You may contact Blue Collar Market Place’s agent for notification of claimed copyright infringement by e-mail at contact@BlueCollarMarketPlace.com or by regular mail at Blue Collar Market Place, LLC P.O. Box 204, Mt. Holly, NC 28120-0204, Attention: Legal.
Blue Collar Market Place Platform
The Blue Collar Market Place platform provides online business information and advertising for blue-collar workers and businesses. Listings are placed on Blue Collar Market Place for a fee for a one-year period.
No Recurring Billing
There is no recurring billing for Blue Collar Market Place. All customer financial information is sent directly between you and our billing platform/payment gateway service.
Refunds
Generally, our fees are non-refundable unless we specifically communicate otherwise at the time of purchase.
Price Changes
We reserve the right to adjust pricing at any time.
Payment Methods
Financial transactions are processed through our listed billing platform/payment gateway service. All financial information is encrypted and transferred directly between you and our billing platform/payment gateway service. You may use any available payment methods through our billing platform/payment gateway service to initiate your listing.
Disputes, Arbitration, and Limitation of Liability
Disputes
You will resolve any claim, cause of action or dispute (claim) you have with us arising out of or relating to these Terms or Blue Collar Market Place exclusively in the U.S. District Court for the Western District of North Carolina or a state court located in Mecklenburg County, and you agree to submit to the personal jurisdiction of such courts for the purpose of litigating all such claims. The laws of the State of North Carolina will govern these Terms, as well as any claim that might arise between you and us, without regard to conflict of law provisions.
Indemnification
You agree to release, defend, indemnify, and hold Blue Collar Market Place and its affiliates and subsidiaries, and their respective officers, directors, employees, and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Services or your violation of these Terms.
Binding Arbitration
YOU AGREE THAT ANY DISPUTE OR CLAIM ARISING OUT OF OR RELATING IN ANY WAY TO THESE TERMS, THE PRIVACY POLICY, YOUR ACCESS TO OR USE OF THE SERVICES OR THE PROPERTIES OR ANY RELATIONSHIP BETWEEN US (ANY OF THESE, A “DISPUTE”) WILL BE RESOLVED BY BINDING ARBITRATION RATHER THAN IN COURT. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED.
The arbitration will be conducted by the American Arbitration Association (AAA) under its then-applicable rules, including (as appropriate) its Supplementary Procedures for Consumer-Related Disputes. The AAA's rules are available at http://www.adr.org/. Payment of all filing, administration, and arbitrator fees will be governed by the AAA’s rules. The arbitration shall be conducted in the English language by a single, independent, and neutral arbitrator. For any hearing conducted in person as part of the arbitration, you agree that the hearing will be conducted in Mecklenburg County, North Carolina. The decision of the arbitrator shall be final and binding. Judgment on the arbitral award may be entered in any court of competent jurisdiction.
Class Action Waiver
ANY DISPUTE WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION OR ARBITRATION OR AS A NAMED OR UNNAMED MEMBER IN A CLASS, CONSOLIDATED, REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL LEGAL ACTION. YOUR ACCESS AND CONTINUED USE OF THE PROPERTIES AND/OR THE SERVICES SIGNIFIES YOUR EXPLICIT CONSENT TO THIS WAIVER. IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION, WE EACH WAIVE ANY RIGHT TO A JURY TRIAL AND AGREE THAT SUCH CLAIM SHALL BE BROUGHT ONLY IN COURTS OF COMPETENT JURISDICTION LOCATED IN MECKLENBURG COUNTY, NORTH CAROLINA. YOU HEREBY SUBMIT TO THE PERSONAL JURISDICTION AND VENUE OF SUCH COURTS AND WAIVE ANY OBJECTION ON THE GROUNDS OF VENUE, FORUM NON-CONVENIENS OR ANY SIMILAR GROUNDS WITH RESPECT TO ANY SUCH PROCEEDING.
Notwithstanding anything to the contrary, you and Blue Collar Market Place may seek injunctive relief and any other equitable remedies from any court of competent jurisdiction to protect intellectual property rights, whether in aid of, pending or independently of the resolution of any Dispute pursuant to the arbitration procedures set forth above.
Limitation of Liability
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, ALL RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SERVICES REMAINS WITH YOU. NEITHER BLUE COLLAR MARKET PLACE NOR ANY OTHER PARTY INVOLVED IN THE SERVICES WILL BE LIABLE (WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT BLUE COLLAR MARKET PLACE HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE) FOR: (A) ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL; (B) SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE; (C) THE COST OF SUBSTITUTE PRODUCTS OR SERVICES; (D) ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS; (E) THE USE OF OR INABILITY TO USE THE SERVICES; OR (F) ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES.
IN NO EVENT SHALL THE TOTAL, AGGREGATE LIABILITY OF BLUE COLLAR MARKET PLACE AND ITS AFFILIATES AND SUBSIDIARIES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS, ARISING FROM OR RELATING TO THE TERMS AND SERVICES, OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR INTERACTIONS WITH ANY OTHER USERS EXCEED THE TOTAL AMOUNT OF FEES ACTUALLY PAID TO BLUE COLLAR MARKET PLACE BY YOU ACCORDING TO THE TERMS, OR ONE HUNDRED US DOLLARS ($100) IF NO SUCH PAYMENTS HAVE BEEN MADE.
Miscellaneous Terms
This Agreement is effective until terminated by Blue Collar Market Place. Blue Collar Market Place may terminate this Agreement at any time without notice, or suspend or terminate your access and use of the Site at any time, with or without cause, in Blue Collar Market Place’s absolute discretion and without notice. The following provisions of this Agreement shall survive termination of your use or access to the Site: the sections concerning Disputes, Indemnification, Binding Arbitration, Class Action Waiver, Limitation of Liability, and Miscellaneous Terms, and any other provision that by its terms is intended to survive your use or access to the Site.
These Terms and any rights and licenses granted hereunder may be transferred or assigned by you only with Blue Collar Market Place's prior written consent, but may be assigned by Blue Collar Market Place without restriction and without notice to you.
These Terms constitute the entire agreement between you and Blue Collar Market Place concerning the Services and supersede all prior or contemporaneous communications of any kind between you and Blue Collar Market Place with respect to the Services. If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, void, or unenforceable, such provision shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms, and the remainder of these Terms shall remain in full force and effect.
No waiver of any provision of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Blue Collar Market Place's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
We reserve the right to modify, restrict access to, or discontinue the Services (or any portion of the Services), temporarily or permanently, with or without notice to you, and we are not obligated to support or update the Services. Unless explicitly stated otherwise, any new features that result in a change in the current Services shall be subject to these Terms.
Neither these Terms nor the Privacy Policy create any right of action on the part of any third party, except for the Blue Collar Market Place Parties and suppliers or others who are a party to written agreements with us explicitly giving them third party beneficiary rights.
Contact Us
If you have questions about these Terms, please contact us by email at contact@BlueCollarMarketPlace.com
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Blue Collar Market Place Privacy Policy
Last updated: 6-25-2020
This privacy policy ("Privacy Policy") explains the privacy practices of the Blue Collar Market Place website, Blue Collar Market Place apps, and other Blue Collar Market Place-related sites (collectively, the "Services"), which are owned and operated by Blue Collar Market Place, LLC ("Blue Collar Market Place," "we," "us"). Please read this Privacy Policy in full before using the Services. We may revise this Privacy Policy at any time and will post the date of the latest update above. If you do not agree to this Privacy Policy, please do not access or use any of the Services. By using our Services, you are consenting to our use of your data as explained in this Privacy Policy.
What We Collect
We collect and use the information below to provide and improve the Services of Blue Collar Market Place.
Account Information
When you create an account through the Services, you provide data such as your name, email address, physical address, and phone number.
Other Information
When you use the Services, we collect information related to the devices on which you are using our Services. We may collect this information using analytics software such as Google Analytics. Examples of such information include the type of device, type of browser, IP addresses, the website you visited before ours, and other identifiers associated with your device, including your location.
Do Not Track
There is currently no industry or legal standard for recognizing or honoring Do Not Track (DNT) signals. We currently ignore all DNT signals or signals that may be considered DNT signals.
Cookies and Similar Technologies
Like many other Services, we may use cookies and other similar technologies such as web beacons to collect information. Cookies are data stored on a hard drive that helps us improve your use of our site and enhance our ability to track and enhance user experiences on our site. You have the right and ability to tell change the settings on your browser to refuse cookies, but note that if you do so, you may not be able to access our Services with full functionality.
Other
Blue Collar Market Place will update the Services and may add or delete features over time. New features may require the collection of new information, and if we change how we collect or use such information, we will tell you and update this Privacy Policy, as applicable.
Use and Sharing of Your Information
We use your information for the following reasons: for the purposes, you provide it, such as delivering the Services, customer service, marketing purposes, and for research and analytics purposes. Blue Collar Market Place may share your information as discussed below.
Other Service Providers
Blue Collar Market Place uses other service providers, affiliates, licensees, vendors, and partners to help give you the best experience with Blue Collar Market Place. Examples of such other service providers we may use include payment processors. These other service providers only have access to the information they need to work for Blue Collar Market Place and are prohibited from using the information for any other purpose.
Communications
We will contact you from time to time through email, notices posted on our websites or apps, and other ways through our Services, including push notifications. We also send messages about how to use the Services, updates, and promotional messages from us and our partners. You may change your communication settings at any time. However, note that you may not opt-out of receiving certain messages from us, including security and legal notices.
Legal
We may share your information with third parties if we determine that disclosure is required to comply with the law, protect persons from death or serious injury, or prevent fraud.
In the event that Blue Collar Market Place decides to sell, buy, merge, or engage in another strategic transaction involving our business and other businesses, such a transaction may involve disclosing your information. While we would seek protections for all information disclosed, the information would likely be one of the transferred assets in such a transaction.
Your Rights to Your Information
You have the right to know what information about you we have stored, update the information about you we have stored, have us delete the information we have about you, or to opt-out of future contact from us. We retain personal data if reasonably necessary to comply with legal or regulatory obligations, defend our rights, or maintain security.
How We Protect Your Information
We maintain security measures that are commercially reasonable in the industry. Please note that no method of storing or transmitting information on the internet is completely secure, and therefore we cannot guarantee or warrant the security of information you share with us.
Despite taking reasonable precautions, it is impossible to protect all information from a breach, also referred to as a data breach or security breach. We will notify you via either mail, email, or other method provided by law in the instance of the unauthorized release of unencrypted or unredacted records or data containing personal information with corresponding names, such as a person’s first initial and last name without unreasonable delay, consistent with the legitimate needs of law enforcement. The notice will include a general description of the security breach incident, the type of personal information breached, a general description of efforts to avoid further unauthorized access to personal information, a telephone number for more information, if applicable, and a link to North Carolina’s Department of Justice’s advice for those affected. We will notify the North Carolina’s Attorney General’s Office when required by law.
Third-Party Sites
The Blue Collar Market Place Services may contain links to third-party sites. Blue Collar Market Place is not responsible for the privacy policies or practices of third-party sites, and we strongly encourage you to read the privacy policies of third-party sites to understand those policies and make an informed decision as to whether to share your information with those sites. Third-party sites include social media sites that allow you to share information with friends and the public, according to the settings you choose for those sites. Your interactions with third-party sites, including social media sites, are governed by the privacy policies of each of those sites.
Children
These services are not directed at children under 18, and we will not intentionally collect or store any personally identifiable information of children under 18. If you are a child under the age of 18, please do not use our Services or submit any personally identifiable information to us. If we learn that a child under the age of 18 has submitted personally identifiable information to us, we will work to delete such information as soon as practicable.
General
This Privacy Policy and the privacy practices of our Services will be subject exclusively to the laws of the State of North Carolina within the United States of America, without regard to conflict of law principles. If you reside outside of the United States, you are responsible for complying with local laws in connection with your use of the Services, and you consent to the collection, transfer, storage, and use of your personal information in the United States of America in accordance with this Privacy Policy.
Contact
If you have any questions or concerns about Blue Collar Market Place, the Services Blue Collar Market Place provides, or this Privacy Policy, please contact us at contact@BlueCollarMarketPlace.com.