Please take a few moments to review our terms of service. By using our website in any capacity, you agree to these terms of service.
The following terms and conditions govern the use of all websites related to online marketing, promotion, and user interactions of Blue Market, LLC via bluemarketpro.com, which may be referred to as the “Website” throughout the terms below.
Blue Market, LLC (“Blue Market”) is a Virginia Limited Liability Company.
The Website is owned and operated by Blue Market (“We,” or “Us”).
We may be contacted by the following method:
Blue Market, LLC
1503 Santa Rosa Road, Suite 120
Henrico, VA 23229
Contact form available at: https://bluemarketpro.com/contact
Blue Market’s goal is to give you everything you need to succeed online–a well-designed WordPress website, the best plugins and functionality, and the tools, community, and education you need to put it all together.
These Terms of Service (“Terms”) describe our commitments to you and your rights and responsibilities when using our services. Please read and review the terms carefully and reach out via the contact information above for any questions.
These Terms govern your access to and use of Blue Market.com and any associated websites, as well as any content and Blue Market products and services available through these Websites (collectively, “Services”).
Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the Website, you agree to become bound by the terms and conditions of this agreement.
If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by Blue Market, acceptance is expressly limited to these terms.
When your use of the Website requires an account (“Your Account”), you agree to provide us with complete and accurate information for the account and keep the information current. We will need to contact you at various times regarding important disclosures, notices, or other forms of updates, and ensuring your information is correct makes it easier for us to contact you.
You bear the sole liability and responsibility for the activity of Your Account. You are responsible for keeping the information current as well as managing your password security. You shall not share or misuse your credentials for Your Account. You must immediately notify Blue Market of any unauthorized uses of Your Account, website, or any other breach of security relating to our Services.
It is your responsibility to use your account consistent with the Terms and to follow and abide any and all applicable laws, regulations, or other policies that may be relevant to use of Your Account.
We will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.
Content & Responsibility of Site Users
In creating Your Account and using our Services or by using this Website without an account, it is your responsibility to not upload, post, share, distribute, perform, copy, or otherwise incorporate unauthorized content onto or into the Website or Your Account.
Blue Market cannot and will not be able to review each and every website or form of Content (including, but not limited to, text, photo, video, audio, etc.) (“Content”) on those websites created using our Services, and Blue Market is not responsible for any use or effects of such Content.
It is your sole responsibility to avoid infringing on other people’s rights while using our Services and the Website. Intentionally uploading unauthorized content that infringes on a third party’s intellectual property (including, but not limited to, copyright, trademark, patents, and trade secrets) is a material violation of the Terms. Blue Market does not endorse or encourage users to infringe on those rights of third parties. You are solely responsible for any liability you accrue in the course of infringing on the intellectual property rights of others or Blue Market.
Blue Market does not endorse any Content or represent that Content on the Websites is accurate, non-harmful, or compliant with applicable state, federal, or international laws, regulations or other related policies.
See Blue Market’s Digital Millennium Copyright Act (“DMCA”) Policy for a greater explanation.
Blue Market expressly prohibits and does not endorse or take responsibility on behalf of any visitors of the Website or You:
Using the Website or any Content located on the Website to harass, stalk, or otherwise cause harm to other users, individuals, or third parties.
Uploading content that infringes on the intellectual property rights of others.
Using the Services or Content on the Websites to circumvent any security measures designed to protect third party property or technology.
Uploading any Content that enables individuals or users to circumvent security measures designed to protect third party property or technology.
Encouraging or facilitating others (1) to infringe on the rights of others, (2) to harass, stalk, or otherwise cause harm to individuals or other third parties, (3) circumvent security measures of third parties, or (4) to engage in illegal or other unlawful activities.
When engaging with Content, additional third-party terms and conditions may apply to the Content. It is your responsibility to review and abide by those terms and conditions when engaging with the Content.
You are responsible for taking any and all necessary precautions to protect yourself and your computer systems from viruses, Trojan horses, and any other harmful or destructive Content.
We disclaim any responsibility for any harm resulting from any non-Blue Market websites.
Payment of Fees
Blue Market will only bill against a credit or debit card you have provided to Blue Market either over the phone or via the online portal. An invoice will be issued for each transaction.
If you purchase products or services which are ongoing, your credit card will be billed on a monthly basis. In the event you modify or add services, those services will be reflected on your next monthly invoice.
Some of the products or services we provide are not based on a subscription, but are one-time purchases that are not provided on a subscription basis. In the event you purchase a non-subscription product or service, you will be immediately invoiced. Blue Market will charge the payment method on file.
Blue Market provides two different kinds of services:
Automated or software driven services, and
Bespoke or human-generated services.
Because Blue Market may pay licensing or other fees for software driven services, we do not offer refunds on software services.
Refunds may be provided for bespoke services on a case-by-case basis. If work has been performed by one of our staff, or by a third party, we will only refund that portion of your payment for work that has not yet been completed.
In the event you choose to cancel your services with Blue Market, any software services will remain open for your use until the end of the monthly billing period. To cancel, you must provide notice, as described below, at least 10 days prior to your monthly billing period.
Notice, including written notice, as contemplated by this Agreement, must be given in the following manner:
From You to Blue Market, LLC.
You must provide notice to Blue Market via the contact form available at https://bluemarketpro.com/contact/. Attempts to contact Blue Market through other means made available on the website will not constitute notice under this agreement.
From Blue Market, LLC to You.
Blue Market will provide notice to You via the email address provided with your notice to Blue Market. If Blue Market must provide notice to You but no email address is available, Blue Market may provide notice through its Website.
Respecting the rights of others is important to Blue Market, and we ask that you likewise share that value by respecting others’ intellectual property rights. If you believe that material located on or associated with a Blue Market product or service violates your copyright, then please notify us in accordance with our Blue Market’s Digital Millennium Copyright Act (“DMCA”) Policy.
We will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. We will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Blue Market users or others.
If you are deemed to be a repeat infringer, then we will have no obligation to provide a refund of any amounts previously paid to us.
The Agreement does not transfer from Blue Market to you any Blue Market or third party intellectual property, and all right, title, and interest in and to such property will remain (as between the parties) solely with Blue Market. Blue Market, bluemarketpro.com, the Blue Market logo, and all other trademarks, service marks, graphics, and logos used in connection with bluemarketpro.com or our Services, are trademarks or registered trademarks of Blue Market or Blue Market’s licensors.
Other trademarks, service marks, graphics, and logos used in connection with our Services may be the trademarks of other third parties. Your use of our Services grants you no right or license to reproduce or otherwise use any Blue Market or third party trademarks.
Third Party Services
In using the Services, you may enable or use services, products, software (like themes or plugins), embeds, services, or applications developed by a third party or yourself (“Third Party Services”) on your website.
If you use any Third Party Services, you understand that:
Third Party Services are not vetted, endorsed, or controlled by Blue Market.
Any use of a Third Party Service is at your own risk, and we shall not be responsible or liable to anyone for Third Party Services.
Your use is solely between you and the respective third party (“Third Party”) and will be governed by the Third Party’s terms and policies. It is your responsibility to review the Third Party’s terms and policies before using a Third Party Service.
Third Party Services may not work appropriately with your website, and we may not be able to provide support for issues caused by any Third Party Services.
If you have questions or concerns about how a Third Party Service operates, or need support, please contact the Third Party directly.
In rare cases, we may at our discretion, suspend, disable, or remove Third Party Services from your account or website.
We may terminate your access to all or any part of our Services at any time, with or without cause, with or without notice, effective immediately. We have the right (though not the obligation) to, in our sole discretion, (i) reclaim your username or website’s URL due to prolonged inactivity, (ii) refuse or remove any content that, in our reasonable opinion, violates any Blue Market policy or is in any way harmful or objectionable, (iii) ask you to make some adjustments, restrict the resources your website uses, or terminate your Services, if we believe your website’s storage or bandwidth usage is out of hand and burdens our systems (which is rare and typically only occurs when a website is used for file sharing or storage), or (iv) terminate or deny access to and use of any of our Services to any individual or entity for any reason. We will have no obligation to provide a refund of any amounts previously paid.
If you wish to terminate the Agreement or your bluemarketpro.com account, you may simply discontinue using our Services, or, if you are using a paid service, you may cancel at any time, subject to the Fees section in these Terms.
All provisions of the Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
Disclaimer of Warranties
Our Services are provided “as is.” Bluemarket and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including without limitation, the warranties of merchantability, fitness for a particular purposes and non-infringement. Neither Bluemarket, nor its suppliers or licensors, makes any warranty that our Services will be error free or that access to the Services will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services though our Services at your own discretion and risk.
Jurisdiction and Applicable Laws
Except to the extent any applicable law provides otherwise, the Agreement and any access to or use of our Services will be governed by the laws of the Commonwealth of Virginia, United States of America, excluding its conflicts of law provisions. The proper venue for any disputes arising out of or relating to the Agreement and any access to or use of our Services will be the state and federal courts located in Henrico County, Virginia.
You and Blue Market agree that any dispute, claim, or controversy between you and Blue Market arising in connection with or relating in any way to these Agreements or to your relationship with Blue Market as a user of the Service (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and whether the claims arise during or after the termination of the Agreements) will be determined by mandatory binding individual (not class) arbitration. You and Blue Market further agree that the arbitrator shall have the exclusive power to rule on his or her own jurisdiction, including any objections with respect to the existence, scope or validity of the Arbitration Agreement or to the arbitrability of any claim or counterclaim. Arbitration is more informal than a lawsuit in court. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. There may be more limited discovery than in court. The arbitrator must follow this agreement and can award the same damages and relief as a court (including attorney fees), except that the arbitrator may not award any relief, including declaratory or injunctive relief, benefiting anyone but the parties to the arbitration. This arbitration provision will survive termination of the Agreements
Limitation of Liability
In no event will Blue Market, or its suppliers, partners, or licensors, be liable with respect to any subject matter of the Agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed $50 or the fees paid by you to Blue Market under the Agreement during the twelve (12) month period prior to the cause of action, whichever is greater. Blue Market shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
You agree to indemnify and hold harmless Blue Market, its contractors, and its licensors, and their respective directors, officers, employees, and agents from and against any and all losses, liabilities, demands, damages, costs, claims, and expenses, including attorneys’ fees, arising out of or related to your use of our Services, including but not limited to your violation of the Agreement or any agreement with a provider of third-party services used in connection with the Services, Content that you post, and any ecommerce activities conducted through your or another user’s website.
Merger; Entire Agreement; Waiver
The Agreement constitutes the entire agreement between Blue Market and you concerning the subject matter hereof. If any part of the Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of the Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.
You may assign your rights under the Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Blue Market may assign its rights under the Agreement without condition. The Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
Changes or Modifications to Terms
We, from time to time, revise and update the Terms for our Websites based on changes in Services and applicable laws and requirements. It is your responsibility to monitor the Terms to in the event the Terms change. We will notify you, or make a reasonable attempt to notify you via the contact information you provide to us in Your Account, or we will let you know by posting a note on our Website. The note or communication will include the nature of the changes and the period in which they will become effective. If you disagree with the amended provisions, then you should no longer use our Services within the designated notice period, or once the changes become effective. Your continued use of our Services will be subject to the new terms. However, any dispute that arose before the changes shall be governed by the Terms that were in place when the dispute arose, including the Arbitration Section.
We may be contacted by using the following information:
Blue Market, LLC
1801 Bayberry Court, Suite 203
Richmond, Virginia 23226
Contact form available at: https://bluemarketpro.com/contact
If you have a disability and would like to access this policy in an alternative format, please contact us using the contact form above.
We have developed our internal policies to ensure we have a process for data protection impact assessments as well as notifying the appropriate parties in the event of a data breach.
Unfortunately, no method of transmission over the internet or method of electronic storage is 100% secure.
Therefore, while we strive to protect your personal information, we cannot guarantee its absolute security.
At the email listed above, you may:
Request and receive all information that Blue Market has about you;
Correct or update inaccurate or incomplete information;
Request to have your personal data deleted;
Ask Blue Market to stop processing your data;
Receive a copy of your personal data in a format that can be easily transferred to another company; and
Object to Blue Market’s processing of your data.
1. Access and Portability
You can access certain personal information associated with your account by visiting your account privacy settings. You can request a copy of your personal information in an easily accessible format and information explaining how that information is used.
You have the right to request that we rectify inaccurate information about you. By visiting your account settings, you can correct and change certain personal information associated with your account.
3. Restrict Processing
In certain cases where we process your information, you may also have the right to restrict or limit the ways in which we use your personal information.
In certain circumstances, you have the right to request the deletion of your personal information, except information we are required to retain by law, regulation, or to protect the safety, security, and integrity of Blue Market.
If we process your information based on our legitimate interests as explained above, or in the public interest, you can object to this processing in certain circumstances. In such cases, we will cease processing your information unless we have compelling legitimate grounds to continue processing or where it is needed for legal reasons. Where we use your personal data for direct marketing purposes, you can object using the unsubscribe link in such communications or changing your account email settings.
6. Withdrawal of Consent
Where we rely on consent, you can choose to withdraw your consent to our processing of your information using specific features provided to enable you to withdraw consent, like an email unsubscribe link or your account privacy preferences. If you have consented to share your precise device location details but would no longer like to continue sharing that information with us, you can revoke your consent to the sharing of that information through the settings on your mobile device. This is without prejudice to your right to generally permanently close your account and delete your personal information.
California and the CCPA
Your Additional Rights Under the CCPA
Right to Know — California residents may request disclosure of the specific pieces and/or categories of personal information that the business has collected about them, the categories of sources for that personal information, the business or commercial purposes for collecting the information, the categories of personal information that we have disclosed, and the categories of third parties with which the information was shared. To the extent the information is not already provided herein, such information may be requested via submitting a request via email at email@example.com pursuant to GDPR section titled “Accountability” above. You may also use our contact form at the link listed above.
Right to Opt Out — To the extent that Blue Market “sells” personal information (as that term is defined under the CCPA), California residents are entitled to opt-out of the “sale” of data at any time (see below for more information).
For clarity, if you would like to exercise either of the above two rights or the other six rights listed under Your Rights, then you can do so by submitting a request via email at firstname.lastname@example.org. If you choose to do so, then please provide sufficient information to Blue Market to inform us which rights you would like to exercise and any information we may need to properly execute your request.
Limiting use of, or deleting, your personal information may impact features and uses that rely on that information. However, we will not discriminate against you for exercising any of your rights, including otherwise denying you goods or services, providing you with a different level or quality of services, or charging you different prices or rates for services. If you need further assistance, you can contact Blue Market through email at email@example.com or through our contact form (listed above). We will respond to your request within a reasonable timeframe.
Please note that we may verify your identity before we are able to process any of the requests described in this Section, and in our discretion, deny your request if we are unable to verify your identity. As a part of this process, government or other identification may be required. You may designate an authorized agent to make a request on your behalf. In order to designate an authorized agent to make a request on your behalf, you must provide a valid power of attorney, the requester’s valid government issued identification, and the authorized agent’s valid government issued identification, and we may verify the authenticity of the request directly with you.
Notice of Collection
In combination with the specific rights listed above, the CCPA requires disclosure of the categories of personal information collected over the past 12 months. While this information is provided in greater detail in the “What Personal Data We Collect and Why We Collect It” below, the categories of personal information that we have collected – as described by the CCPA – are:
Identifiers, including name, email address, IP address, and an ID assigned to your account.
Information used for payment processing such as phone number, billing address, credit or debit card information. This category includes personal information protected under pre-existing California law (Cal. Civ. Code 1798.80(e)) and overlaps with other categories listed here.
Demographics, such as age or gender, or where you have provided such information to Bluemarket voluntarily, demographic information about your race, ethnicity, sexual orientation, or gender identity, provided in relation to specific marketing projects and campaigns. This category includes data that may qualify as protected classifications under other California or federal laws.
Internet activity, including your interactions with our Services and what led you to our Services.
Geolocation data provided through location enabled services such as WiFi and GPS.
What Personal Data We Collect and Why We Collect It
We collect the type of data that websites routinely collect to interact with their visitors via online forms and comment forms, as well as via technical processes such as cookies, analytics, and interactions with software provided by third party websites.
Contact and Email Forms
Our sites use a variety of contact and other forms to allow visitors to interact with our site. If you provide information to us via our online forms, that information, such as your name, email address, message, and other information you provide via the form, including technical information required to process your interaction, such as your IP address, is collected and retained indefinitely.
We may use email addresses collected by any means on our website to send email marketing campaigns or other notices.
If you no longer wish to use the Services or receive service-related messages (except for legally required notices), then you may close your account.
Blue Market receives information from our advertising and marketing partners about you. This information can include attribution information via cookies to determine where a visit to Blue Market comes from and which pages of our Website receive traffic. Cookies are small data files sent from a server to your web browser.
We use traffic log cookies to identify which pages are being used. This helps us analyze data about web page traffic and improve our website in order to tailor it to customer needs. We only use this information for statistical analysis purposes and then the data is removed from the system.
Embedded Content from Other Websites
Pages or tools on this site may include embedded content (e.g. videos, images, articles, etc.). Embedded content from other websites behaves in the exact same way as if the visitor has visited the other website.
Blue Market does not have control over the embedded content or the websites from where the content originates, and the external websites may have their own privacy policies and data security policies. Users who engage with embedded content by clicking on the content or otherwise do so at their own risk and choice. Should you wish to remove, delete, erase, or otherwise disallow the data tracked, stored, cached, or otherwise kept by third party websites or third party applications, then you must make such a request directly to the third party website or third party application.
Third Party Marketing and Advertising and Your Rights (Opt-Out of “Sale”)
Blue Market does not sell personal information to third parties for monetary value.
However, the term “sale” is defined broadly under the California Consumer Privacy Act. To the extent that “sale” under the CCPA is interpreted to include interest based advertising or other data uses described in the “What Personal Data We Collect and Why We Collect It” Section above, we will comply with applicable law as to those activities.
To opt-out of receiving interest-based advertising, you can exercise this option by submitting a request via [email]. The right to opt-out of interest-based advertising is available to all Blue Market users, regardless of location or domicile. You can contact us by using the contact form link above.
Do Not Track
Your browser settings may allow you to automatically transmit a “Do Not Track” signal to online services you visit. Note, however, there is no industry consensus as to what site and app operators should do with regard to these signals. Accordingly, unless and until the law is interpreted to require us to do so, we do not monitor or take action with respect to “Do Not Track” signals. For more information on “Do Not Track,” visit http://www.allaboutdnt.com.
Shine the Light
We use the following services to collect site visitor information, in the aggregate, and make adjustments to our website performance in order to improve website interactions, provide meaningful content, and provide superior legal services. We may use analytics services to remarket and retarget website visitors.
Demographic and geographic data of individual users may be collected by Google Analytics, and the collection, storage, and sharing of data is kept in accordance with their privacy practices and individual policies:
Google Analytics: https://www.google.com/analytics/terms/us.html
Who We Share Your Data With
We do not share personally identifying information with any provider, except for in the following circumstances.
We provide information in the aggregate to analytics service providers as mentioned above.
We may provide information collected via our website to courts and other third parties insofar as it is legally required, or necessary to perform our stated function of facilitating online fundraising.
We use a variety of third-party software, namely website plug-in to provide our services and facilitate fundraising transactions through our Website. Any personal information or data that is collected by Blue Market may be deleted, erased, or otherwise removed from the servers, databases, and systems of which Blue Market has control.
However, some information may be required to be collected by Blue Market for us to provide our services, so you may be disallowed from using our services if you request your data to be deleted, removed, or otherwise erased. For more information on your rights see the Your Rights Section above.
How Long We Retain Your Data
For users that register on our website, we store the personal information they provide in their user profile. All users can see, edit, or delete their personal information at any time (except they cannot change their username). Website administrators can also see and edit that information.
We also retain log files for internal analysis purposes. These log files are generally retained for a brief period of time, except in cases where they are used for site safety and security, to improve site functionality, or we are legally obligated to retain them for longer time periods.
What Rights You Have Over Your Data
If you have an account on this site, you can request, in writing, to receive an exported file of the personal data we hold about you, including any data you have provided to us. You can also request, in writing, that we erase any personal data we hold about you. This does not include any data we are obliged to keep for administrative, legal, or security purposes.
Where We Send Your Data
The Bluemarket website is hosted on servers provided via Digital Ocean. (https://digitalocean.com/).
Site visitor and user information is hosted on their hardware.