ACCEPTANCE OF TERMS OF SERVICE
Contact and Electronic Communications - By accessing the Blue Collar Elite Applications or Services, you consent to having this agreement provided to you in electronic form and that all agreements, notices, disclosures, and other communications we provide to you electronically satisfy any legal requirements that such communications be in writing. You acknowledge that when you provide us with information in connection with a particular activity or otherwise sign up for our Services or provide any contact information, including an email address or telephone number in connection with that activity, product or service (“Contact Information”), you agree that this action constitutes a purchase or inquiry establishing a business relationship with us. You expressly consent to our communicating with you about our Services using the Contact Information you provided to us. You also attest that you have the legal authority over any telephone number you provide to us and can provide us with the authorization to contact you. This means we may contact you, in person or by recorded message, by e-mail, telephone and/or mobile telephone number (including use of automated dialing equipment), text (SMS) message, or any other means of communication that your wireless or other telecommunications device may be capable of receiving.
YOUR USE OF THE Blue Collar Elite APPLICATIONS
Use of Our Services
Blue Collar Elite provides an online, job and education creation “Creation Services”, membership website where Subscribers have access to Employers ready-to-hire and qualified Applicants who are ready-and-able to work. In addition, educational institutions looking to accommodate those in need of training will be supplied (in the future, not currently) with pupils interested in obtaining training and education in the Trades. Additional informational resources pertaining to the advancement of the Trades can be found on our site as well. During any Pilot, restricted to the specified State(s), Employers can "Meet" 1 applicant at no charge ("Meet" = Introduction). Future "Meets" beyond the first successful "Meet and Hire", will require payment.
In using our Services you agree that you will not:
Registration Obligations. In consideration of your use of the Blue Collar Elite Applications, you represent and agree that you are of legal age to form a binding contract and are not a person barred from receiving our services under the laws of the United States or other applicable jurisdiction and will provide true, accurate, current and complete information about yourself as prompted by Blue Collar Elite Applications. Blue Collar Elite reserves the right to deny, in its sole discretion, any user access to the Blue Collar Elite Applications or Services without notice for any or no reason.
Security of Username and Password - You are entirely responsible for maintaining the confidentiality of your password and account for any Blue Collar Elite Applications you interact with. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify Blue Collar Elite immediately of any unauthorized use or theft of your account(s) or any other breach of security (and to provide properly documented evidence as reasonably requested by Blue Collar Elite). We will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you will be liable for losses incurred by Blue Collar Elite or another party due to someone else using your account or password.
SERVICES PROVIDED BY Blue Collar Elite
Communication Services - The Services may contain bulletin boards and/or other message, communication or other mechanisms designed to enable you to communicate and interact with others on the Blue Collar Elite Applications (the “Communication Services”). All such communications, information and content, as well as user names, profiles or similar materials you submit, post, upload, embed, display or communicate (collectively, “Distribute”) is referred to as “User Content.” You agree to use the Communication Services only to Distribute User Content that conforms to these Terms, including the Posting Requirements set forth in these Terms.
Modification to Services - Blue Collar Elite has the right to modify its Services at any time in its sole discretion. Your only right with respect to any dissatisfaction with any modifications made pursuant to this provision, or any policies or practices of Blue Collar Elite in providing its Services is to stop using those Services.
Third Party Sites - You may be able to access other websites or resources through links on the Blue Collar Elite Applications. Because Blue Collar Elite has no control over such sites and resources, you acknowledge and agree Blue Collar Elite is not responsible for the availability of such external sites or resources, does not endorse, and is not responsible or liable for any content, advertising, products or other materials available from such sites or resources and is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such websites or resources.
SUBSCRIPTIONS; CHARGES ON YOUR BILLING ACCOUNT; REFUND POLICY
Free Services - Free resources include: access to the public search tool, resource pages, and any other site content or functions that do not require “pre-payment”.
Fee-for-Service - Our “Creation Services” provides an online membership website where subscribers have access to other users, resources, videos, articles, and other informational resources pertaining to the advancement Job Creation in the Trades.
Service Fees and Billing - If you sign up with Blue Collar Elite and choose to use any of the “fee for service” services, we will collect monies upfront in the form of Credit Card or Debit Card. All other forms of desired payment must be addressed with Blue Collar Elite corporate leadership. Specials pertaining to payment options and other terms of service might be offered from time to time (“term”) and will bill you the applicable term rate using the billing information you provide (your "Billing Account") for use of the Service. A one month term is a 30-day period. You agree to pay Blue Collar Elite all charges at the prices then in effect for your use of the Service using your Billing Account, and any applicable taxes, and you authorize Blue Collar Elite to charge your chosen payment provider (your "Payment Method") for the Service. You agree to make payment using that selected Payment Method. Blue Collar Elite will also charge your Payment Method for any merchandise ordered on Blue Collar Elite Applications. The terms of your payment will be “in full” unless otherwise specified; additionally the terms will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method (the "Payment Method Provider"). If Blue Collar Elite does not receive payment from your Payment Method Provider, you agree to pay all amounts due on your Billing Account upon demand. In the event we are advised of insufficient funds in your account or credit to cover your payment by your Payment Method we may re-present such un-cleared, or rejected, payment to your Payment Method Provider. You agree to pay all amounts due upon our demand. In the event we have to collect unpaid amounts you owe us, you will be liable for all collection costs, including attorneys' and collection agency fees. Blue Collar Elite reserves the right to correct any errors or mistakes that it makes even if it has already requested or received payment and to update your information from available third party sources.
Cancellation and Refund Policy - Blue Collar Elite is a free membership, fee-for-service, job creation service company. You may cancel your Account at any time by contacting Customer Support. All charges are NON-REFUNDABLE, only applicable to future Meets, within 45 days of initial Meet, and have a 12-month expiration of usage. All prices are in U.S. Dollars and do not include Internet service provider, telephone, and other connection charges.
How Fee-for-Service Rates are Set - Payment rates are based on:
Payment rates are often updated based on specific trending factors such as Supply and Demand. In the event that State or Province imposes a sales tax on the Service(s), Blue Collar Elite shall pass any such tax on to be paid by the Client. Pricing can be increased or decreased at any time, for any reason including but not limited to: adding/subtracting of additional “value added services”, adding/subtracting of client support, marketing costs, operational expenses, along with any other variable and/or fixed factors that have a direct impact on running, operating and growing Blue Collar Elite.
Current Information Required - You must promptly notify Blue Collar Elite if your payment method is canceled (e.g., for loss or theft) or if you become aware of a potential breach of security, such as the unauthorized disclosure or use of your user name or password. Changes to such information can be made by going to “My Account”. If you fail to provide Blue Collar Elite any of the foregoing information, you agree that Blue Collar Elite may continue charging you for any use of the Service under your Billing Information unless we have evidence that you have terminated your Subscription. Any attorney fees, court costs, or other costs incurred in collection of delinquent undisputed amounts will be the responsibility of and paid for by you.
POSTING OF USER CONTENT
Monitoring of User Content - Blue Collar Elite has no obligation to monitor or confirm the accuracy of User Content. However, Blue Collar Elite reserves the right to review and remove any User Content at any time, without notice, for any reason and in its sole discretion. Blue Collar Elite specifically disclaims any liability with regard to User Content and any actions resulting from your participation in any Communication Services. If you encounter something you find objectionable and in violation of these Terms, you can report it to email@example.com.
License - You retain copyright and other intellectual property rights with respect to your User Content that you submit or Distribute through the Blue Collar Elite Applications to the extent that you have such rights under applicable law. If you have shared User Content with others through the Blue Collar Elite Applications Blue Collar Elite has no control over any third parties use of that User Content.
By submitting, transmitting, or displaying your User Content to or through the Blue Collar Elite Applications, you automatically grant (and you represent and warrant that you have the right to grant) to Blue Collar Elite, and its successors in business and assigns, employees, licensees, agents, representatives and other authorized users of the Blue Collar Elite Applications, a worldwide, sublicenseable, assignable, perpetual, irrevocable, non-exclusive, royalty-free, unlimited right and license to use, reproduce, publish, distribute, publicly display and perform, reformat, modify and delete your User Content solely in connection with the Blue Collar Elite Applications (“License”). This License will enable each user of the Blue Collar Elite Applications to access your User Content as permitted through the functionality of the Blue Collar Elite Applications and under these Terms. This License includes the right to modify or adapt your User Content in order to transmit, display or distribute it over computer networks, in various career venues as provided in these Terms.
By providing User Content to us you represent and warrant that you own such User Content or otherwise have the right to grant us the License set forth in this section; that the User Content is accurate and not confidential and the submission, transmission, posting and use of your User Content on the Blue Collar Elite Applications is not in violation of any applicable laws or contractual restrictions or other third party rights (including, without limitation, privacy, publicity, and intellectual property rights) and, you are solely responsible for, and Blue Collar Elite will have no liability in connection with your User Content or any other User Content you access through the Blue Collar Elite Applications. Your ownership in your User Content does not confer any rights of access to the Blue Collar Elite Applications nor any rights to Content stored by or on behalf of Blue Collar Elite.
No Confidentiality - You acknowledge and agree that your User Content posted via the Communications Services are public and not private communications, and that you have no expectation of privacy concerning your use of these Communications Services or your User Content. You acknowledge that personal information that you communicate on the Communications Services may be seen and used by Blue Collar Elite and others and result in unsolicited communications. Blue Collar Elite is not responsible for information that you choose to communicate to other users via the Communications Services, or for the actions of other users. All User Content must comply with these Terms.
Ownership of Content and Marks - The Services, and all material published on or accessible through the Blue Collar Elite Applications, including, but not limited to text, tests, photographs, video, text, graphics, music, images, animations, audio, text, “applets” incorporated into the software data, sounds, messages, comments, and other materials on the Blue Collar Elite Applications (together “Content”) is owned by Blue Collar Elite or its licensors, and is protected by laws governing copyrights patents, trademarks, trade secrets and/or other proprietary rights. Blue Collar Elite owns a copyright in the selection, coordination, arrangement and enhancement of such Content and a copyright in the Blue Collar Elite Applications. All trademarks, service marks, trade names, and trade dress appearing on the Blue Collar Elite Applications (“Marks”), are proprietary to Blue Collar Elite. You agree not to copy, reproduce, publish, transmit, distribute, perform, sell, create derivative works of, or in any way exploit, any of the Marks, the Content, Blue Collar Elite Applications or the Services, in whole or in part, without Blue Collar Elite's prior written consent. You acknowledge that you do not acquire any ownership rights in any Content downloaded from Blue Collar Elite Applications. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Blue Collar Elite without express written consent. You may not use any Meta tags or any other "hidden text" utilizing Blue Collar Elite’s name or Marks without the express written consent of Blue Collar Elite. Our ownership rights:
All right, title and interest in and to the Blue Collar Elite Applications and Services is and will remain the exclusive property of Blue Collar Elite and its licensors. In addition, any feedback, comments, ideas, concepts or suggestions (“Feedback”) you may provide regarding the Blue Collar Elite Applications or Services is entirely voluntary, and we will be free to use such Feedback for any purpose whatsoever, in any media, throughout the world and in perpetuity, and without any compensation, attribution or other obligation to you.
No Other License Granted - Except for allowing you to use the Blue Collar Elite Applications and Services for your use as set forth in the paragraph above, when you use the Blue Collar Elite Applications or Services, you are not receiving a license or any other rights from Blue Collar Elite, including intellectual property or other proprietary rights of Blue Collar Elite. You understand that you have no rights to the Blue Collar Elite Applications or Services or any other Blue Collar Elite property except as indicated in these Terms.
DIGITAL MILLENNIUM COPYRIGHT ACT ("DMCA") NOTICE
Filing a Complaint - Blue Collar Elite has registered an agent with the United States Copyright Office in accordance with the terms of the Digital Millennium Copyright Act (the "DMCA") and avails itself of the protections under the DMCA. Further we reserve the right to remove any User Content on the Blue Collar Elite Applications which allegedly infringes another person's copyright and/or terminate, discontinue, suspend and/or restrict the account or ability to visit and/or use the Services or remove, edit, or disable any User Content on Blue Collar Elite Applications which allegedly infringes another person's copyright. It is our policy to terminate the access of repeat infringers. We are under no obligation to, and do not, scan content posted for any violations of third party rights. However, we respect the copyright interests of others and it is our policy not to permit materials known by us to infringe another party's copyright to remain on Blue Collar Elite Applications. If you believe any materials on Blue Collar Elite Applications infringes a copyright, you should provide us with a written request to take down the allegedly infringing material in the form of a written letter, sent by fax or regular mail only, (“DMCA Takedown Notice”) that at a minimum includes:
Filing a Counter-Notice - If your material has been removed or blocked by us as a result of our receipt of a DMCA Takedown Notice, you may send us a request asking for the allegedly infringing material to be restored in the form of a written letter, sent by fax or regular mail only, (“DMCA Counter-Notice”) that at a minimum includes:
When we receive the DMCA Counter-Notice, we will send a copy of the DMCA Counter-Notice to the party who originally sent us the DMCA Takedown Notice requested the removal of the allegedly infringing material and we will reinstate the allegedly infringing material, unless that party obtains a court order supporting removal of the allegedly infringing material. Notwithstanding the foregoing, we reserve the right to ignore a DMCA Counter-Notice that is not in compliance with the DMCA.
Both the DMCA Takedown Notice and the DMCA Counter-Notice must be sent to our designated DMCA designated agent addressed as follows:
Copyright Blue Collar Elite
5737 Kanan Rd. #717 Agoura Hills, CA. 91301
Attn: Blue Collar Elite
Disclaimer of Warranties - YOU UNDERSTAND THAT YOUR USE OF THE Blue Collar Elite APPLICATIONS AND SERVICES (INCLUDING ANY DOWNLOADS OR ANY LOSS OF DATA OR OTHER DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE YOU EXPERIENCE FROM USING Blue Collar Elite APPLICATIONS AND SERVICES) IS AT YOUR SOLE RISK. YOU UNDERSTAND THAT THE Blue Collar Elite APPLICATIONS AND SERVICES ARE PROVIDED ON AN "AS IS" "WHERE-IS" AND "WHERE AVAILABLE" BASIS, AND ARE SUBJECT TO CHANGE AT ANY TIME WITHOUT NOTICE TO YOU. YOU ACKNOWLEDGE THAT Blue Collar Elite MAKES NO WARRANTY THAT THE Blue Collar Elite APPLICATIONS OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. YOU UNDERSTAND THAT Blue Collar Elite DOES NOT WARRANT THAT THE RESULTS OBTAINED FROM YOUR USE OF THE Blue Collar Elite APPLICATIONS OR SERVICES WILL MEET YOUR EXPECTATIONS. NO WARRANTY OF ANY KIND, WHETHER ORAL OR WRITTEN, CAN MODIFY THE TERMS OF THE DISCLAIMER SET FORTH IN THIS DOCUMENT. IF YOU ARE DISSATISFIED WITH ANY OF THE CONTENT CONTAINED IN THE Blue Collar Elite APPLICATIONS OR SERVICES, OR WITH THE SERVICES, OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE Blue Collar Elite APPLICATIONS AND SERVICES AND CANCEL THE SERVICES SUBJECT TO THE CANCELLATION POLICIES SET FORTH HEREIN. TO THE FULLEST EXTENT PERMITTED BY LAW, Blue Collar Elite DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS OF ANY KIND (EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS) AS TO THE Blue Collar Elite APPLICATIONS AND SERVICES.
ALL CONTENT, PRODUCTS AND THIRD PARTY SERVICES ON THE Blue Collar Elite APPLICATIONS, OR OBTAINED FROM A WEBSITE TO WHICH THE Blue Collar Elite APPLICATIONS ARE LINKED ARE PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY OR ACCURACY. Blue Collar Elite DOES NOT ENDORSE AND IS NOT RESPONSIBLE FOR THE MERCHANTABLITY OF ANY PRODUCT OR SERVICE ACCESSED FROM THE Blue Collar Elite APPLICATIONS OR A LINKED SITE. OTHER THAN AS REQUIRED BY LAW, UNDER NO CIRCUMSTANCE WILL Blue Collar Elite BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THE Blue Collar Elite APPLICATIONS OR A LINKED SITE, OR YOUR RELIANCE ON ANY PRODUCT OR SERVICE OBTAINED FROM THE Blue Collar Elite APPLICATIONS OR A LINKED SITE.
ALL INFORMATION PROVIDED ON THE Blue Collar Elite APPLICATIONS IS STRICTLY FOR PERSONAL AND PROFESSIONAL EMPLOYMENT AND EDUCATIONAL PURPOSES ONLY. Blue Collar Elite DISCLAIMS RESPONSIBILITY AND YOU EXPLICITLY ACKNOWLEDGE THAT INFORMATION PROVIDED ON Blue Collar Elite APPLICATIONS IS NOT NOR SHOULD EVER BE RELIED UPON AS LEGAL, BUSINESS, FOOD SAFETY, OR FINANCIAL ADVICE.
No liability for accumulated Content - When using the Blue Collar Elite Applications, you may accumulate content in your account or in My Favorites that resides as data on our servers. This data, and any other data residing on our servers, may be deleted, in whole or in part, altered, moved or transferred at any time for any reason in Blue Collar Elite’s sole discretion with or without notice and with no liability of any kind. You acknowledge that, notwithstanding any rights you may have with respect to User Content you Distribute using Blue Collar Elite Applications, Blue Collar Elite DOES NOT PROVIDE OR GUARANTEE, AND EXPRESSLY DISCLAIMS ANY VALUE, CASH OR OTHERWISE, and ATTRIBUTED TO ANY DATA RESIDING ON Blue Collar Elite's SERVERS.
Liability Limitation - TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL Blue Collar Elite OR ITS AFFILIATES BE LIABLE TO YOU (OR ANY THIRD PARTY MAKING CLAIMS THROUGH YOU) FOR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOSS OF USE, PROFITS, DATA, OR OTHER INTANGIBLES, OR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, UNAUTHORIZED ACCESS TO AND TAMPERING WITH YOUR PERSONAL INFORMATION OR TRANSMISSIONS, ARISING OUT OF OR RELATED TO THE USE, INABILITY TO USE, UNAUTHORIZED USE, PERFORMANCE, OR NON-PERFORMANCE OF THE Blue Collar Elite APPLICATIONS OR THE SERVICES, EVEN IF Blue Collar Elite HAS BEEN ADVISED PREVIOUSLY OF THE POSSIBILITY OF SUCH DAMAGES AND WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE. UNLESS LIMITED OR MODIFIED BY APPLICABLE LAW, THE FOREGOING DISCLAIMERS, WAIVERS AND LIMITATIONS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE. MOREOVER, UNDER NO CIRCUMSTANCES WILL WE, OUR LICENSORS OR LICENSEES, BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM AN ACT OF FORCE MAJEURE OR CAUSES BEYOND OUR OR THEIR REASONABLE CONTROL. WE MAY CHANGE OR DELETE GOODS AND SERVICES AVAILABLE, CONTENT OR FEATURES OF OUR SERVICES IN ANY WAY, AT ANY TIME AND FOR ANY REASON OR NO REASON. IF ANY PART OF THESE WARRANTY DISCLAIMERS OR LIMITATIONS OF LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN Blue Collar Elite’s AGGREGATE LIABILITY FOR ALL CLAIMS UNDER SUCH CIRCUMSTANCES FOR LIABILITIES SHALL NOT EXCEED THE GREATER OF THE AGGREGATE AMOUNT YOU PAID FOR YOUR SERVICES IN THE SIX MONTHS PRECEDING THE INCIDENT WHICH IS THE SUBJECT OF THE CLAIM OR $25. THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION AND ELSEWHERE IN THESE TERMS APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Indemnity/Release - You understand that you are personally responsible for your behavior while on the Blue Collar Elite Applications or using the Services and agree to indemnify and hold Blue Collar Elite, and its subsidiaries, affiliates, business partners, distributors, agents, representatives and other authorized users, and their respective officers, directors, employees, and agents (collectively, the “Indemnified Parties”), harmless from and against any loss, damage, liability, cost, or expense of any kind (including attorneys' fees) that the Indemnified Parties may incur in connection with any claim arising out of or related to your use of the Blue Collar Elite Applications or Services or your violation of either these Terms, applicable law or the rights of any third party. In addition, Blue Collar Elite assumes no responsibility if the employees recommended for employment do not pass drug screenings, background/criminal checks or any other discrepancies arise other than matching people based on skills, experience and availability for hire. If an applicant fails to pass a drug screening, background/criminal check or any other discrepancy arises, then proof from the Employer must be provided to Blue Collar Elite for review and authentication prior to authorizing any remedies of any kind.
If you are a California resident and in connection with the foregoing release, you hereby waive California Civil Code Section 1542 (and any similar provision in any other jurisdiction) which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”
Term and Termination - These terms, as they may be modified as set forth herein, will remain in full force and effect while you use the Services. Blue Collar Elite can suspend or terminate your access to the Blue Collar Elite Applications or Services, in whole or in part, at any time, immediately and without notice. All terms that by their nature may survive termination of this Agreement shall be deemed to survive such termination.
Age Requirements - The Blue Collar Elite Applications are intended for general adult audiences and you represent that you are over the age of 18 years of age and that you possess the legal right and ability to enter into this agreement and to use the Blue Collar Elite Applications and Services in accordance with these Terms. If we have any reason to believe you are not 18 or older we may terminate your access to the Blue Collar Elite Application and Services.
Access to Services - Blue Collar Elite reserves the right to perform regular or planned or unplanned maintenance to our Services due to technology improvements or bugs, and you may or may not be notified of these changes before they occur. Blue Collar Elite also reserves the right to change, modify, discontinue, suspend or abandon the Blue Collar Elite Applications or any of the Services at any time for any reason with or without notice to you and that we will not be liable to you or any third party as a result of such termination, modification, discontinuance or abandonment.
Availability and Use Outside of the United States - The Blue Collar Elite Applications and Services are controlled from facilities in the United States. Blue Collar Elite makes no representations that the Blue Collar Elite Applications or Services are appropriate or available for use in other locations. Those who access or use the Blue Collar Elite Applications and/or Services from other jurisdictions do so at their own volition and are responsible for compliance with local law.
No Third Party Beneficiaries - You agree that, except as otherwise expressly provided in this Agreement, there shall be no third party beneficiaries to this Agreement.
RESOLUTION OF DISPUTES
Governing Law - These Terms shall be governed by and construed in accordance with the laws of the State of California without application of conflict of laws rules.
Resolution of any Dispute - In the event a dispute arises between you and Blue Collar Elite, we want to provide you with an efficient, neutral and cost-effective means of resolving the dispute. Most customer concerns can be resolved quickly and to the customer’s satisfaction by contacting Client Support at firstname.lastname@example.org. If, however, there is an issue that needs to be resolved, these Terms describe how both of us will proceed:
Limitation of Legal Remedies - INSTEAD OF SUING IN COURT, YOU AND COMPANY EACH AGREE TO ARBITRATE DISPUTES ON A BILATERAL (INDIVIDUAL) BASIS. You and Blue Collar Elite agree that any dispute, controversy or claim arising out of or relating to any aspect of our relationship; the Content and Services accessible from Blue Collar Elite Applications; claims that may arise after the termination of your Membership; and claims related to marketing efforts, including complaints concerning unsolicited text messages, emails, and telemarketing calls. ("Claim(s)") which cannot be settled through Client Support refunding your payments in full, shall be resolved by one arbitrator through binding arbitration. This agreement to arbitrate is intended to be broadly interpreted. It includes Claims based in contract, tort, statute, fraud, misrepresentation or any other legal theory. The arbitrator’s decision and award is final and binding, with some exceptions under the Federal Arbitration Act, 9 U.S.C. 1, et seq., and judgement on the award may be entered in any court with jurisdiction.
Class Action Waiver - We each agree that each of us are waiving the right to a trial by jury and may bring claims against the other only in an individual capacity and not in a class action or representative proceeding. All arbitrations under these Terms shall be conducted on an individual (and not a class-wide) basis, and an arbitrator shall have no authority to award class-wide relief. You acknowledge and agree that these Terms specifically prohibit you from commencing any legal proceedings as a representative of others or joining in any arbitration proceedings brought by any other person (“class action waiver”).
Arbitration Procedures - A party who intends to seek arbitration must first send to the other a written Notice of Dispute describing the nature and basis of the Claim and setting forth the specific relief sought. All Notices to Blue Collar Elite shall be sent to the following address: Blue Collar Elite, 5737 Kanan Rd. #717 Agoura Hills, CA. 91301. All notices to users of Blue Collar Elite Applications will be sent to the email provided in the user’s account. Upon receipt of such Notice, the other party shall have a sixty (60) day period in which it may satisfy the Claim against it by fully curing the Claim and/or providing all the relief requested in the Notice, and/or entering into a settlement to resolve the Claim to the mutual satisfaction of the parties. After the expiration of such sixty-day cure period, you or Blue Collar Elite may commence an arbitration proceeding. The arbitration of any Claim under this Agreement shall be referred to the American Arbitration Association’s (“AAA”) under its rules and procedures, including the AAA's Commercial Dispute Resolution Procedures and Supplementary Procedures for Consumer-Related Disputes. These rules and procedures are available by calling the AAA or by visiting its web site at www.adr.org. The arbitration of any Claim shall be conducted in the State of California, city of Los Angeles, and the prevailing party shall be awarded reimbursement for any/all applicable fees (including but not limited to: counsel, experts and witnesses). Each party shall pay the fees and costs of its own counsel, experts and witnesses.
Choice of Law - This Agreement concerns a transaction in interstate commerce, and therefore shall be governed by the United States Federal Arbitration Act, 9 U.S.C. Â§ 1 et seq. The FAA’s provisions, not state law, govern all questions of whether a dispute is subject to arbitration.
Exception - Any claim or action for indemnification, contribution, interpleader or injunctive relief arising out of a Claim shall not be subject to arbitration.
Severability - If any provision of these Terms is declared or found to be unlawful, unenforceable or void, such provision will be ineffective only to the extent that it is found unlawful, unenforceable or void, and the remainder of the provision and all other provisions shall remain fully enforceable except that if for some reason this prohibition on class action waiver cannot be enforced, then this agreement to arbitrate will not apply.
These Terms and policies incorporated herein ("Policies"), are the entire agreement between you and Blue Collar Elite. They supersede any and all prior or contemporaneous agreements between you and Blue Collar Elite relating to your use of the Blue Collar Elite Applications or the Services. Blue Collar Elite may assign these Terms in whole or in part, at any time. If any part of these Terms, other than class action waiver as set forth above, is determined to be invalid or unenforceable, it will not impact any other provision of these Terms, all of which will remain in full force and effect. Headings in these Terms are for convenience of reference only and shall not affect the interpretation or construction of these Terms. The failure of Blue Collar Elite to partially or fully exercise any rights or the waiver of Blue Collar Elite of any breach of these Terms by you, shall not prevent a subsequent exercise of such right by Blue Collar Elite or be deemed a waiver by Blue Collar Elite of any subsequent breach by you of the same or any other term of these Terms. The rights and remedies of Blue Collar Elite under these Terms, its Policies and any other applicable agreement between you and Blue Collar Elite shall be cumulative, and the exercise of any such right or remedy shall not limit Blue Collar Elite's right to exercise any other right or remedy.
Please Contact Us with any questions by clicking on the "Contact Us" link at the bottom of www.bluecollarelite.com. Or you can email us at: email@example.com, or write to us at Blue Collar Elite, 5737 Kanan Rd. #717 Agoura Hills, CA. 91301. Attention: Michael Steel.