TERMS AND CONDITIONS
The BlueWing Consulting Internet Services and Web Site go under the name of BlueWing Local Marketing and comprises various Web pages operated by BlueWing Consulting CC and BlueWing Local Marketing. By Internet Services is meant any product, service or content supplied by BlueWing Local Marketing or its appointed partners or 3rd party suppliers.
BlueWing Local Marketing offers you their Internet Services and Website conditional on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the BlueWing Internet Services and Website forms your agreement to all such terms, conditions, and notices.
BlueWing Local Marketing reserves the right to change the terms, conditions, and notices under which BlueWing Local Marketing offers their Internet Services and Website to you, including but not limited to the charges associated with the use of the BlueWing Local Marketing Internet Services and Website.
LINKS TO THIRD-PARTY SITES
The BlueWing Internet Services and Website may contain links to other Web Sites (“Linked Sites”). The Linked Sites are not under the control of BlueWing Local Marketing, and BlueWing Local Marketing is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. BlueWing Local Marketing is not responsible for webcasting, or any other transmission received from any Linked Site. BlueWing Local Marketing is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by BlueWing Local Marketing of the site or any association with its operators.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of BlueWing Local Marketing, you warrant to BlueWing Local Marketing that you will not use BlueWing Internet Services and Website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the BlueWing Internet Services and Website in any manner which could damage, disable, overburden, or impair the BlueWing Internet Services and Website or interfere with any other party’s use and enjoyment of the BlueWing Internet Services and Website. You may not get or attempt to get any materials or information through any means not made available or provided for through the BlueWing Internet Services and Websites.
USE OF COMMUNICATION SERVICES
The BlueWing Internet Services and Website may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (“Communication Services”), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
- Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
- Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
- Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer.
- Advertise or offer to sell or buy any goods or services for any business purpose unless Communication Service allows such messages.
- Conduct or forward surveys, contests, pyramid schemes or chain letters.
- Download any file posted by another user of a Communication Service that you know, or should know, cannot be legally distributed in such a manner.
- Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
- Restrict or inhibit any other user from using and enjoying the Communication Services.
- Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
- Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
- Violate any applicable laws or regulations.
BlueWing Local Marketing has no obligation to monitor the Communication Services. But BlueWing Local Marketing reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. BlueWing Local Marketing reserves the right to stop your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
BlueWing Local Marketing always reserves the right to disclose any information as necessary to please 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 BlueWing Local Marketing’s sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. BlueWing Local Marketing does not control or endorse the content, messages or information found in any Communication Service; thus, BlueWing Local Marketing disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized BlueWing Local Marketing spokespersons, and their views do not reflect those of BlueWing Local Marketing.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.
MATERIALS PROVIDED TO BlueWing Local Marketing OR POSTED AT ANY BlueWing Internet Services and Website
BlueWing Local Marketing does not claim ownership of the materials you provide to BlueWing Local Marketing (including feedback and suggestions) or post, upload, input or submit to any BlueWing Internet Services and Website or its associated services (“Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting BlueWing Local Marketing, its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
We will pay no compensation concerning the use of your Submission as provided herein. BlueWing Local Marketing is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in BlueWing Local Marketing’s sole discretion.
By posting, uploading, inputting, providing or submitting your Submission, you warrant and represent that you own or otherwise control the rights to your Submission as described in this section, including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
GENERAL AGREEMENT TERMS
The MARKETER agrees to provide digital marketing PRODUCTS and SERVICES (hereinafter referred to as the “SERVICES”) to the CLIENT. As a professional MARKETER, we know that digital marketing is a complex and multifaceted field that requires a comprehensive approach to achieve the desired results. We offer a range of products and services that can be tailored to meet your specific requirements. We will work with you to develop a customized digital marketing strategy that will help you achieve your business objectives.
It is important to note that the application of different products and services in the package that you have purchased from us is at our sole discretion. MARKETER has the expertise and experience to determine the best approach for CLIENTS business based on your goals, budget, and target audience, based on the product or service package purchased from us.
We are committed to providing you with the highest level of service and support. If you have any questions or concerns about your digital marketing campaign, please do not hesitate to contact the MARKETER.
The MARKETER makes no guarantee of results. While we will use our best efforts to obtain great results for you, there are many external factors beyond our control that can affect the CLIENT’s marketing campaign.
These factors include, but are not limited to: The competitive landscape, The economic climate, Changes in consumer behaviour, Technological advancements, Natural disasters. If any of these factors occur, they may have a negative impact on the CLIENT’s marketing campaign and may prevent the MARKETER from achieving the results that we have agreed upon.
If any of these factors occur, The MARKETER will not be liable for any damage that the CLIENT may suffer.
PAYMENT AND FEES: The PARTIES agree to the following payment and fees terms:
Services: The PRODUCTS AND SERVICES cost per month must be paid in advance before the 1st of each month. This agreement shall be effective on the date of signing this agreement (hereinafter referred to as the “Effective Date”).
Notice Period: The CLIENT agrees to give one months’ notice in advance to end a monthly contract. It will end after 30 days of the CLIENT haven giving notice of termination to the MARKETER.
Payment date: Payment not received before the end of the first business week of the month may result in the cessation of posting and any other marketing work being undertaken for the CLIENT. The services will be resumed as soon as the money owed to the MARKETER is received in the MARKETER Account.
Price Commitment: The MARKETER does not offer any price commitment, because the CLIENT could end their commitment at any time. This means that no forward planning is possible, Secondly, fluctuating economic or political situations can influence the cost. Thirdly, other factors may unavoidably cause cost increases.
PAYMENT TERMS: The means of payment will be via bank transfer or credit card. The monthly fee for the SERVICES is due on the first day of each month. If the monthly fee is not paid by the end of the first working week of the month, the MARKETER may suspend the SERVICES until the fee is paid in full. There are no refunds for monthly fees that have already been paid. If the contract is terminated early, the MARKETER will not refund any of the monthly fees that have already been paid.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE BlueWing Internet Services and Website MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. BlueWing Local Marketing AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE BlueWing Internet Services and Website AT ANY TIME. ADVICE RECEIVED VIA THE BlueWing Internet Services and Website SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
BlueWing Local Marketing AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE BlueWing Internet Services and Website FOR ANY PURPOSE. TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. BlueWing Local Marketing AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
SERVICE CONTACT: firstname.lastname@example.org
BlueWing Local Marketing reserves the right, in its sole discretion, to terminate your access to the BlueWing Internet Services and Website and the related services or any portion thereof at any time, without notice. GENERAL To the maximum extent permitted by law, this agreement is governed by the laws of the State of Washington, U.S.A. and you hereby consent to the exclusive jurisdiction and venue of courts in San Mateo County, California, U.S.A. in all disputes arising out of or relating to the use of the BlueWing Internet Services and Website. Use of the BlueWing Internet Services and Website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and BlueWing Local Marketing as a result of this agreement or use of the BlueWing Internet Services and Website. BlueWing Local Marketing’s performance of this agreement is subject to existing laws and legal processes. Nothing contained in this agreement is in derogation of BlueWing Local Marketing’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the BlueWing Internet Services and Website, or information provided to or gathered by BlueWing Local Marketing with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and BlueWing Local Marketing concerning the BlueWing Internet Services and Website, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and BlueWing Local Marketing about the BlueWing Internet Services and Website. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent an d subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English.
COPYRIGHT AND TRADEMARK NOTICES:
All the BlueWing Internet Services and Website contents are: By BlueWing Local Marketing and/or its suppliers. All rights reserved.
The names of actual companies and products mentioned herein may be the trademarks of their respective owners.
The example companies, organizations, products, people and events depicted herein are fictitious. No association with any real company, organization, product, person, or event is intended or should be inferred.
Any rights not expressly granted herein are reserved.
NOTICES AND PROCEDURES FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement under United States copyright law should be sent to Service Provider’s Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE. See Notice and Procedure for Making Claims of Copyright Infringement.
The BlueWing Local Marketing is committed to protecting your privacy and developing technology that gives you the most powerful and safe online experience. This Statement of Privacy applies to the BlueWing Local Marketing Internet Services and Website and governs data collection and usage. Using the BlueWing Local Marketing Internet Services and Website, you consent to the data practices described in this statement.
Collection of your Personal Information
BlueWing Local Marketing collects personally identifiable information, such as your email address, name, home or work address or telephone number. BlueWing Local Marketing also collects anonymous demographic information, which is not unique to you, such as your ZIP code, age, gender, preferences, interests and favorites.
There is also information about your computer hardware and software that BlueWing Local Marketing automatically collects. This information can include: your IP address, browser type, domain names, access times and referring website addresses. This information is used by BlueWing Local Marketing for the operation of the service, to maintain quality of the service, and to provide general statistics regarding use of the BlueWing Local Marketing Internet Services and Website.
Please keep in mind that if you directly disclose personally identifiable information or personally sensitive data through BlueWing Local Marketing public message boards, this information may be collected and used by others. Note: BlueWing Local Marketing does not read your private online communications.
BlueWing Local Marketing encourages you to review the privacy statements of Web sites you choose to link to from BlueWing Local Marketing so that you can understand how those Web sites collect, use and share your information. BlueWing Local Marketing is not responsible for the privacy statements or other content on Web sites outside of the BlueWing Local Marketing and BlueWing Local Marketing family of Web sites.
Use of your Personal Information
BlueWing Local Marketing collects and uses your personal information to operate the BlueWing Internet Services and Website and deliver your requested services. BlueWing Local Marketing also uses your personally identifiable information to inform you of other products or services available from BlueWing Local Marketing and its affiliates. BlueWing Local Marketing may also contact you via surveys to research your opinion of current services or potential new services that may be offered.
BlueWing Local Marketing does not sell, rent or lease its customer lists to third parties. BlueWing Local Marketing may, from time to time, contact you on behalf of external business partners about a particular offering that may be of interest to you. In those cases, your unique personally identifiable information (e-mail, name, address, telephone number) is not transferred to the third party. In addition, BlueWing Local Marketing may also share data with trusted partners to help us perform statistical analysis, send you email or postal mail, provide customer support, or arrange deliveries. All such third parties are prohibited from using your personal information except to provide these services to BlueWing Local Marketing, and they are required to maintain the confidentiality of your information.
BlueWing Local Marketing does not use or disclose sensitive personal information, such as race, religion, or political affiliations, without your explicit consent.
BlueWing Local Marketing keeps track of the Web sites and pages our customers visit within BlueWing Local Marketing to determine what BlueWing Local Marketing services are the most popular. This data is used to deliver customized content and advertising within BlueWing Local Marketing to customers whose behavior indicates interest in a particular subject area.
BlueWing Internet Services and Websites will disclose your personal information, without notice, only if required to do so by law or in the good faith belief that such action is necessary to: (a) conform to the edicts of the law or comply with legal process served on BlueWing Local Marketing or the site; (b) protect and defend the rights or property of BlueWing Local Marketing; and, (c) act under exigent circumstances to protect the personal safety of users of BlueWing Local Marketing, or the public.
The BlueWing Internet Services and Website use “cookies” to help you personalize your online experience. A cookie is a text file placed on your hard disk by a Web page server. Cookies cannot be used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to you and can only be read by a web server in the domain that issued the cookie to you.
One of the primary purposes of cookies is to provide a convenience feature to save you time. The purpose of a cookie is to tell the Web server that you have returned to a specific page. For example, if you personalize BlueWing Local Marketing pages, or register with BlueWing Local Marketing Internet Services and Website or services, a cookie helps BlueWing Local Marketing to recall your specific information on subsequent visits. This simplifies recording your personal information, such as billing addresses, shipping addresses, and so on. When you return to the same BlueWing Internet Services and Website, the information you previously provided can be retrieved, so you can easily use the BlueWing Local Marketing features that you customized.
You can accept or decline cookies. Most Web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. If you choose to decline cookies, you may not be able to fully experience the interactive features of the BlueWing Local Marketing services or Web sites you visit.
Security of your Personal Information
BlueWing Local Marketing secures your personal information from unauthorized access, use or disclosure. BlueWing Local Marketing secures the personally identifiable information you provide on computer servers in a controlled, secure environment, protected from unauthorized access, use or disclosure. When personal information (such as a credit card number) is transmitted to other Web sites, it is protected through encryption, such as the Secure Socket Layer (SSL) protocol.
Changes to this Statement
BlueWing Local Marketing will occasionally update this Statement of Privacy to reflect company and customer feedback. BlueWing Local Marketing encourages you to periodically review this Statement to be informed of how BlueWing Local Marketing is protecting your information.
BlueWing Local Marketing welcomes your comments about this Statement of Privacy. If you believe BlueWing Local Marketing has not adhered to this Statement, please contact BlueWing Local Marketing at email@example.com. We will use commercially reasonable efforts to determine and remedy the problem promptly.