Effective: July 1, 2019
TERMS AND CONDITIONS
These Terms and Conditions (“Terms”) are made between the BluCollr, LLC (sometimes referred herein as “BluCollr”, “we”, “us” or “our”) and you (sometimes referred herein as “you”, “your” or “User”), the user of the www.blucollr.com website (“Site”).
BY CLICKING THE “JOIN”, “SIGN-UP”, "I AGREE" OR SIMILAR BUTTON OR BY OTHERWISE ACCESSING, VISITING, BROWSING, USING OR ATTEMPTING TO INTERACT WITH OR USE ANY PART OF THE SITE, OR ANY CONTENT PROVIDED WITHIN THE SITE, YOU AGREE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS AND YOU HAVE THE AUTHORITY TO ENTER INTO THESE TERMS PERSONALLY OR ON BEHALF OF THE ENTITY THAT YOU ARE USING THE SERVICE (E.G., YOUR EMPLOYER).
If you do not agree to these Terms, do not click “Join”, “Sign-Up”, “I Agree” or similar button and do not access the Site or otherwise use any of our Services.
PLEASE READ THESE TERMS CAREFULLY. THESE TERMS GOVERN YOUR ACCESS TO AND USE OF THE SERVICES AND RESOURCES AVAILABLE ON THE SITE (EACH A “SERVICE”AND COLLECTIVELY, THE “SERVICES”) PROVIDED BY BLUCOLLR AND CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS AND REMEDIES. PLEASE BE ADVISED THAT THIS AGREEMENT CONTAINS PROVISIONS THAT GOVERN HOW DISPUTES BETWEEN YOU AND BLUCOLLR ARE RESOLVED, WHICH INCLUDE A JURY TRIAL WAIVER, A CLASS ACTION WAIVER, AND AN AGREEMENT TO ARBITRATE CLAIMS..
PLEASE NOTE THAT THESE TERMS ARE SUBJECT TO CHANGE BY BLUCOLLR IN ITS SOLE DISCRETION AT ANY TIME. When changes are made, we will make a new copy of these Terms available on the Site or through any other method that we think is appropriate. If we make any material changes, and you have registered with BluCollr to create an Account (defined below) we may also send an e-mail to you at the last e-mail address you provided to us. Any changes to these Terms will be effective immediately, and we may require you to provide consent to the updated Terms in a specified manner before further use of any Service is permitted. If you do not agree to any change(s) after receiving a notice of such change(s), you must stop using the Services. Otherwise, your continued use of any Service constitutes your acceptance of such change(s). PLEASE REGULARLY CHECK THE SITE TO VIEW THE THEN-CURRENT TERMS.
2. BluCollr Content.
2.1. BluCollr Property. The contents of the BluCollr Site, such as designs, text, graphics, images, video, information, logos, button icons, software, audio files and other content, including, but not limited to the underlying source code (collectively, “BluCollr Content”) is the exclusive property of BluCollr and is protected under copyright, trademark and other federal and state laws. All BluCollr Content is the property of BluCollr or its licensors. Unauthorized use of the BluCollr Content may violate copyright, trademark and other federal and state laws and is strictly prohibited. You must preserve all copyright, trademark, service mark and other proprietary notices contained in the BluCollr Content on any authorized copy you make of the BluCollr Content.
2.2. Protection of BluCollr Content. You agree not to sell or modify the BluCollr Content or reproduce, display, publicly perform, distribute, or otherwise use the BluCollr Content in any way for any public or commercial purpose, in connection with products or services that are not those of the BluCollr Site, in any other manner that is likely to cause confusion among consumers, that disparages or discredits the Site, BluCollr or its licensors, that dilutes the strength of BluCollr's or its licensor’s property, or that otherwise infringes BluCollr's or its licensor’s intellectual property rights. You further agree not to misuse BluCollr Content.
2.3. BluCollr Services. The Services and other features of the Site may be used only by individuals seeking to connect with others for employment and/or career information and by employers seeking employees. Any use of the Services inconsistent with the foregoing is prohibited.
3.1. Registering Your Account. In order to access the Services, you are required to register an account (“Account”).
3.2. Account Information. Our Account registration page may request certain personal information from you such as your name, e-mail address, and ZIP code, which may be personally identifiable information. By registering an Account, you agree to (a) provide true, accurate, current and complete information about yourself; and (b) maintain and promptly update your Account information (“Profile”) to keep it true, accurate, current and complete. You represent that you are at least thirteen (13) years old or of legal age and sound mind, and are authorized to use the Services and to form a binding contract. If you provide any information that is untrue, inaccurate, misleading, not current or incomplete, or BluCollr has reasonable grounds to suspect that such information is untrue, inaccurate, misleading, not current or incomplete, BluCollr has the right to suspend or terminate your Account and refuse any and all current or future use of the Services (or any portion thereof). You agree not to create an Account using a false identity or information, or on behalf of someone other than yourself or post any resume or Profile or represent yourself to be another party. BluCollr reserves the right to remove or reclaim any Profile at any time and for any reason, including but not limited to, claims by a third party that a Profile violates such third party's rights. You agree not to create an Account or use the Services if you have been previously removed by BluCollr, or if you have been previously banned from any of BluCollr’s Services. You agree not to aggregate, copy or duplicate in any manner any of the BluCollr Content or information available from any BluCollr Site.
3.3. Access Credentials. You may not share your Account or password (collectively, your “Access Credentials”) with anyone, and you agree to (a) notify BluCollr immediately of any unauthorized use of your Access Credentials or any other breach of security; and (b) exit from your Account at the end of each session. You are responsible for all activities that occur under your Access Credentials. You agree that you will monitor your Account to restrict its use, and you will accept full responsibility for any unauthorized use of the Services.
3.4. Your Account. Notwithstanding anything to the contrary herein, you will have no ownership or other property interest in your Account.
4. User Content.
4.1. User Content Acknowledgements. The Services may enable you to post, provide, upload, link to, transmit, display, store, process and otherwise use text, files, images, graphics, illustrations, information, data, audio, video, photographs and all other content and materials whatsoever (collectively, “User Content”). You acknowledge that BluCollr has no obligation to screen User Content, although BluCollr reserves the right in its sole discretion to screen, refuse or remove any User Content. We are not responsible for any failure or delay in removing such postings. By using the Services, you hereby provide your irrevocable consent to such monitoring. You will have the sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness and ownership of all of User Content. BluCollr encourages you to keep a back-up copy of any of your User Content.
4.2. User Content Violations. Notwithstanding anything to the contrary, by posting User Content on the Site, or by otherwise using any communications service, message board, newsgroup, or other Services available on the Website, you agree that you will not post User Content, comments, messages, links, code or other information that:
a. is unlawful, threatening, abusive, harassing, defamatory, deceptive, fraudulent, tortious, invasive of another’s privacy, or includes graphic descriptions or depictions of sexual or violent content;
b. victimizes, harasses, degrades, or intimidates any individual or group of individuals, including, but not limited to, on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
c. infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party;
d. consists of unsolicited advertising, junk or bulk email (also known as “spam”), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;
e. contains any form of malicious code, files, or programs that are designed or intended to disrupt, damage, or limit the functionality of any software, hardware, or telecommunications equipment or otherwise causes damage, or allows you to obtain unauthorized access to any data or other information of any third party;
f. breaches the security of, compromises or otherwise allows access to secured, protected or inaccessible areas of the Site, or attempts to gain access to other network or server via your account on the Site; or
g. impersonates any person or entity, including any of our employees or representatives.
4.3. BluCollr Rights. Without limiting the foregoing, BluCollr has the right, but not the obligation, to remove any User Content that violates these Terms or is otherwise objectionable. We neither endorse nor assume any liability for any User Content uploaded or submitted by users on any part of the Site. To the extent permitted by law, BluCollr will not be liable for the deletion, loss, or unauthorized modification of any User Content.
4.4 User Content Representations and Warranties. By posting or submitting any User Content to the Site, you represent and warrant that you have the full legal right to provide the User Content and that the User Content will not (a) infringe any intellectual property rights of any person or entity or any rights of publicity, personality, or privacy of any person or entity, including as a result of failure to obtain consent to provide Personal Data or otherwise private information about a person; (b) violate any law, statute, ordinance, regulation, or agreement, including policies; (c) constitute disclosure of any confidential information owned by any third party; and (d) that you are 13 years old or older. You will be solely responsible for any damages resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from any upload, post, or submission.
4.6. Third Party Websites. The Site may redirect or link to other websites on the internet, or may otherwise include references to information, products or services made available by unaffiliated third parties. While we make every effort to work with trusted, reputable providers, from time to time such sites may contain information, material or policies that some may find inappropriate or personally objectionable. You understand that we are not responsible for the accuracy, completeness, decency or legality of content hosted by third party websites, nor are we responsible for errors or omissions in any references made on those websites. The inclusion of such a link or reference is provided merely as a convenience and does not imply endorsement of, or association with the Site or party by us, or any warranty of any kind, either express or implied. BluCollr does not provide or make any representation as to the quality or nature of any of the third party products or services accessed or purchased through the Site, or any other representation, warranty or guaranty. Any such undertaking, representation, warranty or guaranty would be furnished solely by the provider of such third party products or services, under the terms agreed to by the provider.
5. Terms Applicable to Employers. Without limiting any of the terms of these Terms, the following terms apply to employer users of the Site:
5.1 Postings. Employers are solely responsible for their postings on the Site. You may not post any franchise, pyramid scheme, "club membership", distributorship, multi-level marketing opportunity, or sales representative agency arrangement; or promote any opportunity that does not represent bona fide employment which is generally indicated by the employer’s use of IRS forms W-2 or 1099. BluCollr reserves the right to remove any posting or content from the Site, which in the reasonable exercise of BluCollr’s discretion, does not comply with these Terms, or if any content is posted that BluCollr believes is not in the best interest of BluCollr.
5.2 Employment Decisions. BluCollr shall not be responsible for any employment decisions, for whatever reason, made by any person or entity utilizing the Services on the Site. BluCollr does not make any representations regarding the accuracy or validity of Profiles or their appropriateness for evaluation by employers. You shall comply with all laws related to employment in regards to your use of the Services.
5.3 Employer Profile. You shall not share your Access Credentials with any other party. You understand and acknowledge that if you cancel your Account or your employer Account is terminated, all your information from BluCollr, including saved resumes, network contacts, and email mailing lists, will be marked as deleted in and may be deleted from BluCollr's databases.
5.4 Information Received Through Posting. You agree you shall not disclose any information received from any individual responding to your postings to any third party, unless you are an authorized recruitment agency, staffing agency, advertising or other agency or using the resume explicitly for employment purposes. You shall take appropriate physical, technical, and administrative measures to protect the information you have obtained from the Services from loss, misuse, unauthorized access, disclosure, alteration or destruction. You shall use the BluCollr Services in accordance with all applicable privacy and data protection laws.
5.5 Personal Information. You will only retain, use, or disclose the personalinformationof any individuals you connect with through the Services to the extent, and in such a manner, as is necessary for the purposes of evaluating networking or employment opportunities. You will not process, retain, use, or disclose personalinformationfor any other purpose. You will maintain the confidentiality of all PersonalInformationas required by law, will not sell it to anyone, and will not disclose it to third parties unless the individual specifically authorizes the disclosure, or as required by law. If a law requires you to disclose any personalinformation, you must first inform the individual of the legal requirement and give the individual an opportunity to object or challenge the requirement, unless the law prohibits such notice.
5.6 Use of the BluCollr Services. The Services shall not be used for any purpose other than as a networking platform for employer seeking employees, including but not limited to advertising promotions, products, or services to any other party, or to make unsolicited phone calls or faxes or send unsolicited mail, email, or newsletters to any other party or to contact any individual unless they have agreed to be contacted.
6. Violations and Remedies.
6.1. Violations. If we become aware of any possible violations by you of these Terms, we reserve the right to investigate such violations. If, as a result of the investigation, we reasonably believe that criminal activity has occurred, BluCollr reserves the right to refer the matter to, and to cooperate with legal authorities. We are entitled, except to the extent prohibited by law, to disclose any information or materials, including User Content, in BluCollr’s possession to (a) comply with applicable laws, legal process or governmental request; (b) enforce this Agreement; (c) respond to any claims that any of your User Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of BluCollr or the public, and all enforcement or other government officials, as BluCollr believes to be necessary or appropriate.
6.2. Remedies. In the event that BluCollr determines, in its sole discretion, that you have breached these Terms, or have otherwise demonstrated conduct inappropriate for the Site, BluCollr reserves the right to:
a. Warn you via e-mail (to any e-mail address you have provided to BluCollr) that you have violated these Terms and provide a reasonable opportunity for you to cure such violation; or
b. Without any warning or other notice:
i. Delete any User Content provided by you to the Site;
ii. Discontinue your Account and/or Profile;
iii. Discontinue your access to and use of the Services;
iv. Notify and/or send User Content to and/or fully cooperate with the proper law enforcement authorities for further action; and/or
v. Pursue any other action which BluCollr deems to be appropriate.
7. Disclaimers. THE INFORMATION ON AND USE OF THE SITE AND SERVICES IS PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS. YOU AGREE THAT USE OF THE SITE AND THE SERVICES IS AT YOUR SOLE RISK. WE DISCLAIM ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY EXPRESS WARRANTIES, STATUTORY WARRANTIES, AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTY THAT (1) THE SITE OR SERVICES WILL MEET YOUR REQUIREMENTS, (2) THE SITE, SERVICES, AND ANY INFORMATION PROVIDED BY THE SITE, WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (3) THE RESULTS OF USING THE SITE, AND ANY INFORMATION OR SERVICE PROVIDED BY THE SITE, WILL BE ACCURATE OR RELIABLE, (4) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED THROUGH YOUR USE OF THE SITE WILL MEET YOUR EXPECTATIONS, OR (5) THAT ANY ERRORS IN ANY SOFTWARE UTILIZED BY THE SITE WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM OR THROUGH THE SITE OR THE SERVICES SHALL CREATE A WARRANTY NOT EXPRESSLY STATED IN THESE TERMS. YOUR SOLE AND EXCLUSIVE REMEDY RELATING TO YOUR USE OF THE SITE SHALL BE TO DISCONTINUE USING THE SITE.
8. Indemnification. To the fullest extent permitted by law,you agree to indemnify and hold BluCollr, its subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, directors, and contractors (the “Indemnified Parties”) harmless from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including outside attorneys' and legal fees, that are incurred by BluCollr (collectively, “Losses”) arising from, related to, or in connection with any breach of these Terms or your use of the Website or Services. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys' fees of the Indemnified Parties in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any Losses brought by third parties arising out of your use of any content or information or service published on or accessed from the Services or Website.
9. BluCollr’s Liability.
9.1 Disclaimer of Responsibility. The Site and the Services act as, among other things, a venue for employers and employees to connect and network for professional purposes. BluCollr does not screen or censor any User Content, or other posting of any kind, including user Profiles. BluCollr is not involved in, and does not control, the actual transaction between users, including, but not limited to, between employers and candidates. As a result, BluCollr is not responsible for User Content, the quality, safety or legality of the interactions and transactions between users, opportunities, jobs, or resumes posted, the truth or accuracy of any posting, the ability of employers to offer job opportunities to candidates or the ability of candidates to fill job openings and BluCollr makes no representations about any jobs, resumes or User Content on the Site. While BluCollr reserves the right in its sole discretion to remove User Content, postings, resumes or other material from the Site from time to time, BluCollr does not assume any obligation to do so and to the extent permitted by law, disclaims any liability for failing to take any such action. BluCollr is not involved in the actual communications between users. As a result, BluCollr has no control over the accuracy, reliability, completeness, or timeliness of the Profiles or User Content submitted on the Site and makes no representations about any Profile or User Content on the BluCollr Sites.
9.2 Assumption of Risks. Note that there are risks, including but not limited to the risk of physical harm, of dealing with strangers, underage persons or people acting under false pretenses. You assume all risks associated with dealing with other users with whom you come in contact through the Site. By its very nature other people’s information may be offensive, harmful or inaccurate, and in some cases will be mislabeled or deceptively labeled. We expect that you will use caution and common sense when using the Site and the Services. Because user authentication on the internet is difficult, BluCollr cannot and does not confirm that each user is who they claim to be.
9.3 Release of Liability. Because we do not and cannot be involved in user-to-user dealings or control the behavior of participants on the Site, in the event that you have a dispute with one or more users, you release BluCollr (and our agents and employees) from claims, demands and damages (actual and consequential and direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes to the fullest extent permitted by law.
9.4 Inaccuracies on the Site. The Site and the BluCollr Content may contain inaccuracies or typographical errors. BluCollr makes no representations about the accuracy, reliability, completeness, or timeliness of the Site or the BluCollr Content. The use of the Site, Services, and the BluCollr Content is at your own risk. Changes are periodically made to the Site and may be made at any time. BluCollr cannot guarantee and does not promise any specific results from use of the Site and Services. No advice or information, whether oral or written, obtained by a User from BluCollr or through or from the Site shall create any warranty not expressly stated herein.
9.5 California Residents. If You are a California resident, You waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor."
10. Limitation of Liability. IN NO EVENT WILL EITHER PARTY BE LIABLE TO THE OTHER PARTY OR ANY THIRD PARTY FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, WHETHER FORESEEABLE OR UNFORESEEABLE, OF ANY KIND WHATSOEVER (INCLUDING LOST PROFITS) ARISING FROM OR RELATING TO THESE TERMS OR THE USE OR NON-USE OF THE SERVICES. NOTWITHSTANDING ANYTHING CONTAINED IN THESE TERMS TO THE CONTRARY, IN NO EVENT WILL BLUCOLLR’S TOTAL LIABILITY ARISING FROM OR RELATING TO THESE TERMS, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EXCEED THE LESSER OF (A) THE TOTAL AMOUNTS PAID TO BLUCOLLR HEREUNDER DURING THE TWELVE MONTHS IMMEDIATELY PRECEDING THE EVENTS GIVING RISE TO SUCH CLAIMS OR (B) ONE HUNDRED DOLLARS ($100). Each Party acknowledges and agrees that the warranty disclaimers and liability and remedy limitations in these Terms are material, bargained for provisions of these Terms and that fees and consideration payable hereunder reflects these disclaimers and limitations.
11. Term and Termination. These Terms will be in effect for the expiration or earlier termination of the Services. Upon the termination or expiration of the Services you will immediately cease using the Services. Notwithstanding the foregoing, all provisions of these Terms which by their nature should survive, will survive termination of these Terms, including without limitation, ownership provisions, warranty disclaimers, indemnification, releases, limitation of liability, governing law, and submission to jurisdiction.
12. Dispute Resolution.
12.1. Governing Law: You agree that, except to the extent inconsistent with or preempted by federal law, the laws of the State of New York, without regard to principles of conflict of laws, will govern these Terms and any claim or dispute that has arisen or may arise between you and BluCollr.
12.2. Agreement to Arbitrate. Except for any claim for emergency injunctive relief, any and all disputes or claims that have arisen, or may arise, between you and BluCollr relating in any way to or arising out of this or previous versions of these Terms or your use of the Services or the Site shall be resolved exclusively through final and binding arbitration. The Federal Arbitration Act governs the interpretation and enforcement of this Agreement to Arbitrate under procedures as set forth herein.
12.3 Prohibition of Class and Representative Actions and Non-Individualized Relief.YOU AND BLUCOLLR AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A CLASS MEMBER IN ANY PURPORTED CLASS, OR REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL ACTION OR PROCEEDING. UNLESS BOTH YOU AND BLUCOLLR AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON'S OR PARTY'S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, CLASS, OR PRIVATE ATTORNEY GENERAL ACTION OR PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY'S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER USERS. If a court decides that applicable law precludes enforcement of any of this Section's limitations as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and may be brought in court, subject to Your and BluCollr’s right to appeal the court's decision. All other claims will be arbitrated.
12.4 Arbitration Procedures. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, and court review of an arbitration award is very limited. However, an arbitrator can award the same damages and relief on an individual basis that a court can award to an individual. An arbitrator should apply these Terms as a court would. All issues are for the arbitrator to decide, except that issues relating to arbitrability, the scope or enforceability of this Agreement to Arbitrate, or the interpretation of Section 25(C), shall be for a court of competent jurisdiction to decide.
The arbitration will be conducted by the American Arbitration Association ("AAA") under its rules and procedures, including the AAA's Consumer Arbitration Rules (as applicable), as modified by this Agreement to Arbitrate. The AAA's rules are available at www.adr.orgor by calling the AAA at 1-800-778-7879. The use of the word "arbitrator" in this provision shall not be construed to prohibit more than one arbitrator from presiding over an arbitration; rather, the AAA's rules will govern the number of arbitrators that may preside over an arbitration conducted under this Agreement to Arbitrate.
A form for initiating arbitration proceedings is available on the AAA's site at www.adr.org. In addition to filing this form with the AAA in accordance with its rules and procedures, the party initiating the arbitration must mail a copy of the completed form to the opposing party. In the event BluCollr initiates an arbitration against you, it will send a copy of the completed form to the physical address we have on file associated with your membership. Any settlement offer made by you or BluCollr shall not be disclosed to the arbitrator.
The arbitration hearing shall be held in New York County, New York. If the value of the relief sought is $10,000 or less, you or BluCollr may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on You and BluCollr subject to the arbitrator's discretion to require an in-person hearing, if the circumstances warrant. In cases where an in-person hearing is held, you and/or BluCollr may attend by telephone, unless the arbitrator requires otherwise.
The arbitrator will decide the substance of all claims in accordance with applicable law, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different users, but is bound by rulings in prior arbitrations involving the same BluCollr user to the extent required by applicable law. The arbitrator's award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
12.5 Opt-Out Procedure. YOU CAN CHOOSE TO REJECT THIS AGREEMENT TO ARBITRATE ("OPT-OUT") BY MAILING BY CERTIFIED MAIL, RETURN RECEIPT REQUESTED, A WRITTEN OPT-OUT NOTICE ("OPT-OUT NOTICE") TO THE CONTACT INFORMATION PROVIDED BELOW WITHIN 30 DAYS OF THE COMMENCEMENT OF YOUR INITIAL REGISTERATION FOR THE SERVICES, BY CERTIFIED MAIL, RETURN RECEIPT REQUESTED, WITH A COPY TO HARRIS BEACH PLLC, 333 EARLE OVINGTON BLVD., # 901, UNIONDALE, NY 11553 ATTN: CRAIG M. SPIERER. BY NOT OPTING OUT OF THIS AGREEMENT TO ARBITRATE, YOU AGREE TO SURRENDER YOUR RIGHT TO HAVE A CLAIM ADJUDICATED IN A COURT OF LAW.
You must complete the Opt-Out Notice by providing your name, address (including street address, city, state and zip code), and the user ID(s) and email address(es) associated with the membership to which the opt-out applies. You must sign the Opt-Out Notice for it to be effective. This procedure is the only way you can opt out of the Agreement to Arbitrate. If you opt out of the Agreement to Arbitrate, all other parts of these Terms continue to apply to you. Opting out of this Agreement to Arbitrate has no effect on any previous, other, or future arbitration agreements that you may have with us.
12.6 Venue and Jury Waiver: In the event that the Agreement to Arbitrate above is found not to apply to You or to a particular claim or dispute, either as a result of Your decision to opt out of the Agreement to Arbitrate or as a result of a decision by the arbitrator or a court order, or otherwise as expressly permitted herein, including for claims for emergency injunctive relief, You agree that any claim or dispute that has arisen or may arise between You and BluCollr must be resolved exclusively by a state or federal court located in the state, city and county of New York, New York. You and BluCollr agree to submit to the personal jurisdiction of the courts located within the state, city and county of New York, New York for the purpose of litigating all such claims or disputes, and waive all defenses of lack of personal jurisdiction and forum non conveniens thereto. YOU AGREE TO WAIVE THE RIGHT TO TRIAL BY JURY IN ANY ACTION OR PROCEEDING THAT TAKES PLACE RELATING TO OR ARISING OUT OF THIS AGREEMENT.
12.7 Waiver of Jury Trial. EACH PARTY IRREVOCABLY AND UNCONDITIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LEGAL ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR THE PROVISION OF THE SERVICES CONTEMPLATED HEREBY.
13. General. Nothing contained in these Terms or your use of the Site shall be construed to constitute either party as a partner, joint venturer, employee or agent of the other party, nor shall either party hold itself out as such. Notwithstanding anything to the contrary in these Terms, BluCollr will not be deemed to be in default of any provision of these Terms for any delay, error, failure, or interruption of performance due to any act of God, terrorism, war, strike, or other labor or civil disturbance, interruption of power service, interruption of communications services, problems with the Internet, act of any other person not under the control of BluCollr, or other similar cause. The waiver or failure of BluCollr to exercise in any respect any right provided under these Terms will not be deemed a waiver of such right in the future or a waiver of any other rights established under these Terms. If any provision of these Terms shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect.
YOU (1) CONSENT TO RECEIVE COMMUNICATIONS FROM BLUCOLLR IN AN ELECTRONIC FORM; AND (2) AGREE THAT ALL TERMS AND CONDITIONS, AGREEMENTS, NOTICES, DISCLOSURES, AND OTHER COMMUNICATIONS THAT BLUCOLLR PROVIDES TO YOU ELECTRONICALLY SATISFY ANY LEGAL REQUIREMENT THAT SUCH COMMUNICATIONS WOULD SATISFY IF IT WERE TO BE IN WRITING.
14. Copyrights and Copyright Agent. If you believe your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have otherwise been violated, please provide a notice containing all of the following information to our Copyright Agent:
a. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
b. A description of the copyrighted work that you claim has been infringed;
c. A description of where the material that you claim is infringing is located on the Website;
d. Your address, telephone number, and e-mail address;
e. 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
f. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Our Copyright Agent for Notice of claims of copyright infringement on the site is Criag M. Spierer, Esq., who can be reached as follows:
Harris Beach, PLLC
333 Earle Ovington Blvd., Suite 901
Uniondale, New York 11553
Attn.: Craig M. Spierer, Esq.
15. Truth-In-Consumer Contract, Warranty And Notice Act - New Jersey Residents. The following provisions of this Agreement shall not be applicable to New Jersey residents: (i) provisions which limit the BluCollr’s liability for any tortious action or breach of contract by the BluCollr; (ii) provisions which limit the amount of damages which may be sought for any tortious action or breach of contract by BluCollr; and (iii) provisions which limit the time within which claims against the BluCollr must be brought to a shorter time period than is otherwise provided for under New Jersey law.
16. Electronic Communications. Whenever you visit the Sites or send emails to BluCollr, you are communicating with the BluCollr electronically. For that reason, you also consent to receive communications from BluCollr electronically. BluCollr will communicate with you by email at the email address which you provide when you apply for the Services, or through notices on Your dashboard on the Sites. You agree that all agreements, notices, disclosures, and other communications that we provide to You electronically satisfy any legal requirement that such communications be in writing, to the extent permitted by applicable law.
17. Contact Information