Revision Date: 02.06.2018

 

Welcome to Boosting Blue, a website owned and operated by TBP Productions, LLP. These Terms of Use govern your use of the website https://boostingblue.com (the “Site”) and any services offered on the Site (the “Services”). This is a legal agreement between you and TBP Productions, LLP (referred to as “we,” “us,” or “Boosting Blue”).

 

  1. By using, requesting to use, or registering to use the Site, you agree that you have read, understand, and will be bound by these Terms of Use. If you do not agree or are unable to agree to be bound by these Terms of Use, do not use the Site or the Services.
  2. You understand and agree that Boosting Blue may revise, modify, and/or supplement these Terms of Use (the “Revised Terms of Use”) from time to time. If you do not agree to the Revised Terms of Use, you must stop using the Site and the Services. By continuing to use the Site or Services, you hereby expressly agree to be bound by the Revised Terms of Use and acknowledge that your continued use of and access to the Site and/or Services is valid consideration for the Revised Terms of Use.
  3. What Boosting Blue Is: We are a company that provides web hosting, web design, web marketing, and other web support to Democratic and Democratic Farm Labor (DFL) Party candidates. We reserve the right to refuse services pertaining to candidates not endorsed by the DFL.
  4. What We Do: The Services include web design, web hosting, copy editing, marketing, and Search Engine Optimization (SEO) services. The Services may change from time to time, and we reserve the right to modify, suspend, or terminate the Services with or without notice.
  5. Use of the Site: You must be at least 18 years old to use the Site and the Services. By using the Site, you agree that you have read and understood our Privacy Policy, which is hereby incorporated into and made a part of these Terms of Use.
  6. Definitions: The following definitions apply:
    1. “Users” are persons or entities who either register an account through the Site, use the Services, or both.
    2. “Hosted Sites” are websites hosted by Boosting Blue or through the Site.
  7. Conditions of the Services: In addition to other terms and conditions stated in these Terms of Use, the following shall apply to the provision of services:
    1. When providing the Services, we require one point of contact for you. That contact must have the authority to make design, content, and marketing decisions.
    2. We may provide some Services for websites that are not Hosted Sites. For websites and other projects that are not Hosted Sites or pertaining to Hosted Sites, we may require access permissions or other rights or information as we may specify from time to time.
    3. Unless you have hired us to create it, you must provide all text, copy & images for the website. If the copy is not provided and delays the project, we may populate all text areas with ‘dummy text’ and continue as if the text was provided.
    4. Unless you have hired us to create or edit it, we will assume that the text/copy provided by you is final and will not be liable for any spelling or grammatical mistakes in the text.
    5. We reserve the right to refuse any material which may be deemed offensive, abusive, defamatory, or in any breach of copyright law. It is your duty to establish the rights to any material supplied for inclusion in the project. We cannot be held liable for any breeches in copyright or privacy as a result of images or content you supply.
  1. User Accounts: Users must register an account through the Site and purchase a subscription in order to use the Services.
    1. Registering an Account:
      1. You must be at least 18 years of age to register an account or use the Services. By registering, you certify that you are 18 years of age or older.
      2. During the registration process, you will be asked to create a username and password. Your username and password are for your use alone and may not be shared with anyone (except with an authorized Account Administrator). If you believe that someone other than you has accessed your account, contact us immediately. To the extent permitted by law, you will be responsible for all activities that occur under your account and Boosting Blue will not be liable for any loss or damage arising from such activities.
      3. Boosting Blue reserves the right to suspend or terminate any account that is inactive for a period of more than three months.
    2. Account Administrators:
      1. Users that register as Account Administrators will have the ability to add users to their account if desired.
      2. Account Administrators may use account information of users registered under the Administrator’s account to manage use and access by such users.
    3. Subscriptions
      1. We offer monthly, bi-annual, and annual service subscriptions (each period a “Billing Term”). Subscription terms begin on the first day of the month in which you register your account and end on the last day of the month in which your subscription expires or your account is cancelled or terminated.   No refunds are available for subscriptions that are cancelled or terminated prior to the scheduled subscription expiration.
      2. Payment for subscription Services is due at the beginning of each Billing Term.
      3. Unless provided otherwise, you agree that unless and until you cancel your subscription, you will be billed on an automatically recurring basis, to prevent any disruption to your use of the Services, using your credit card number or any other payment information on file with Stripe, our payment vendor. The automatic payment will be charged at the expiration of any Billing Term and will be charged in the amount corresponding to another Billing Term of the same duration.
      4. It is your responsibility to identify and obey all applicable law regarding use of any Services available through the Site. By purchasing a subscription through the Site, you represent that the Services will be used only in a lawful manner.
    4. Payment
      1. We accept payments via credit or debit card payment methods only.
      2. All payments are processed by Stripe (https://stripe.com). Boosting Blue does not store payment information. Stripe may store payment information in accordance with its Terms of Use and Privacy Policies in order to auto-renew billings. Stripe does not share any stored payment information with Boosting Blue.
      3. It is your responsibility to ensure that your payment information is up to date, and that all amounts due are paid on time. You agree to pay for the Services in advance of the time period during which such Services are provided. Failure to make such payment may result in suspension or termination of the Services. Subject to applicable laws, rules, and regulations, payments received will be first applied to the oldest amount due in your account.
    5. Account Cancellation
      1. You may cancel your account at any time. If you have a subscription for our Services, cancellation does not become effective until the end of the Billing Term during which you cancel the subscription.
      2. You may cancel your account by emailing us at [email protected] with “Account Cancellation Request” in the subject line. You must send the email from the email account used to register your account. In the case of Administrator accounts, the email must be sent from the email address the Administrator account was registered under.
      3. After cancelation or termination of your account, we will retain your User Content and any content on Hosted Sites for a period of 60 days to allow you to export or otherwise collect such content.
      4. We do not issue refunds for cancellation of subscriptions, failure to use the Services, or dissatisfaction with the Site or the Services.
  1. User Content
    1. You, not Boosting Blue, are solely responsible for anything you submit, share, or transmit on or through the Site or on any Hosted Site, including but not limited to images, video files, audio files, links, text, code, script, records, documents, or other information (“User Content”).
    2. By adding User Content to a Hosted Site or transmitting User Content through the Site, you represent and warrant that you are the owner or licensee or otherwise have the right to post or submit such User Content, and you grant to Boosting Blue a perpetual, non-exclusive, fully-paid, worldwide license to use, copy, display, reproduce, adapt, modify, prepare derivatives of, and distribute such User Content in connection with our operation of the Site, our provision of the Services, and our advertising, marketing, and promotion of the Site or the Services. See our Privacy Policy for more details about how we use your information.
    3. You represent and warrant that your User Content shall not:
      1. be inaccurate, fraudulent, or misleading;
      2. be defamatory, libelous, threatening, harassing, abusive, or inflammatory;
      3. be obscene, indecent, suggestive, violent, or offensive or contain pornography or be harmful to minors; or
      4. contain any viruses, bots, corrupted files, or any other similar software, malware, or materials that may damage, interfere with, disrupt, impair, disable, or overburden the operation of any device, computer system or network.
    4. Boosting Blue may, but is not obligated to, review or delete any User Content that, in Boosting Blue’s sole discretion, violates these Terms of Use.
    5. To the extent permitted by law, Boosting Blue expressly disclaims, and you hereby expressly release Boosting Blue from, any and all liability whatsoever for any claims, suits, losses, or damages, arising from or in any way relating to any User Content, including without limitation to any acts of or reliance upon by other Users with respect to such User Content or any comments made by Users about others. Boosting Blue reserves the right, but has not obligation, to review any User Content at any time and remove any such content that we deem to be in violation of these Terms of Use.
    6. You acknowledge that, although Boosting Blue strives maintain the functionality of the Site, User Content may be lost, deleted, corrupted, erased, removed, or otherwise destroyed at any time. The Site should not be treated as a storage mechanism for any User Content and Users should maintain adequate local backups of all User Content. Such backups should not be maintained on the Site or any Boosting Blue servers.
  2. Prohibited Actions
    1. You are prohibited from using the Site or the Services in any way that violates these Terms of Use, including but not limited to:
      1. Violating the law or infringing on the rights of others. This includes, but is not limited to, use of the Site or Services for any purpose that is not permitted under the laws of the jurisdiction where you use the Site or the Services;
      2. Impersonating anyone or invading anyone’s privacy;
      3. Using the Site or the Services any way that is misleading, inaccurate, or fraudulent;
      4. Harassing, threatening, defaming, or otherwise abusing or victimizing anyone;
      5. Using obscene language or posting, uploading, or transmitting images that are offensive, obscene, or abusive;
      6. Interfering with the operation or availability of the Site or the Services;
      7. Creating or transmitting unwanted communications or “spam” to any person or site;
      8. Sharing, distributing, or otherwise making your password or login information available to any third parties.
    2. Any violation of these Terms of Use may result in suspension of your account and any applicable penalties.
  3. Limitation of Liability

IN NO EVENT WILL BOOSTING BLUE, ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE SERVICES, OR ANY USER CONTENT, USER WEBSITES OR OTHER MATERIALS UPLOADED TO THE SITE OR ACCESSED OR DOWNLOADED THROUGH THE SERVICES, EVEN IF BOOSTING BLUE IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, BOOSTING BLUE’S LIABILITY TO YOU, OR ANY PARTY CLAIMING THROUGH YOU, FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, IS LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO BOOSTING BLUE FOR THE SERVICES IN THE THREE (3) MONTHS PRIOR TO THE INITIAL

ACTION GIVING RISE TO LIABILITY. THIS IS AN AGGREGATE LIMIT. THE EXISTENCE OF MORE THAN ONE CLAIM HEREUNDER WILL NOT INCREASE THIS LIMIT.

 

  1. Indemnification

To the extent permitted by law, you agree to indemnify and hold Boosting Blue and its governors, members, managers, and agents harmless from against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including attorneys’ fees, that are incurred by Boosting Blue and arise out of or relate to your use of the Site or the Services, any breach or violation of this agreement by you, or any of your User Content.

 

  1. Third Party Services and Links
    1. We use third parties to perform functions such as payment processing. Information is shared with such parties as necessary for them to provide services to us. See our Privacy Policy for more details.
    2. This Site may provide links to other websites allowing you to access third-party material or bringing third-party material into this Site via “inverse” hyperlinks and framing technology (a “Linked Site”). Boosting Blue has no control over the content on a Linked Site. The fact that Boosting Blue has provided a link to a website is not an endorsement, authorization, or affiliation with respect to such site, its owners, or its providers. There are inherent risks in relying upon, using, or retrieving any information found on the internet, and Boosting Blue urges you to make sure you understand these risks before relying upon, using, or retrieving any such information on a Linked Site.
  2. Property Rights
    1. All materials on the Site or on any Hosted Site other than User Content are either owned by Boosting Blue or are the property of Boosting Blue’s suppliers or licensors. You may not use these materials except as we give you written permission to do so. You are prohibited from modifying, copying, distributing, displaying, selling, licensing, or creating derivative works of any content available on or through the Site, and from using such content for commercial or public purposes.
    2. The trademarks, logos, and service marks (collectively, “Marks”) displayed on the Site, and any Boosting Blue Marks displayed on any Hosted Site, are the property of Boosting Blue or other parties. You are prohibited from using any Marks for any purpose without the written permission of Boosting Blue or such third party which may own the Marks. All information and content located on the Site is protected by copyright.
    3. Violation of Copyright or Intellectual Property Laws. We respect the intellectual property of others, and we ask our users to do the same. We may, in appropriate circumstances and at our sole discretion, remove or disable access to any materials on the Site that we believe may infringe on the rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement or otherwise infringes on your intellectual property rights, you may take advantage of certain provisions of the Digital Millennium Copyright Act (“DMCA”) to report alleged infringements. If you believe that your work has been copied and pasted on or made accessible through the Site in a way that constitutes copyright infringement, please provide our designated agent (as set forth below) with the following information:
      1. Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.
      2. Identification of the material that you believe to be infringing and its location. Please describe the material and provide us with its URL or any other pertinent information that will allow us to locate the material.
      3. Your name, address, telephone number and (if available) e-mail address.
      4. A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.
      5. A statement that the information that you have supplied is accurate, and indicating that “under penalty of perjury,” you are the copyright owner or are authorized to act on the copyright owner’s behalf.
      6. A signature or the electronic equivalent from the copyright holder or authorized representative.
    4. Our agent for copyright issues relating to the Site is as follows: Tom Hutchinson ([email protected] | 855-543-9766).
  1. Disclaimers
    1. YOUR USE OF THE SITE AND THE SERVICES IS AT YOUR OWN RISK AND DISCRETION. BOOSTING BLUE DOES NOT GUARANTEE THE SUCCESS OF ANY SITE, CANDIDATE, OR CAMPAIGN.
    2. UNLESS OTHERWISE STATED HEREIN, ALL INFORMATION AND SERVICES ON THE SITE OR OBTAINED FROM A LINKED SITE 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, NON-INFRINGEMENT, SECURITY, OR ACCURACY.
    3. The information published on the Site or a Linked Site may include inaccuracies or typographical errors. Boosting Blue does not warrant or represent that the content on the Site is complete or up-to-date. Boosting Blue is under no obligation to update the content on the Site. Boosting Blue may change the content on the Site at any time without notice.
    4. Boosting Blue does not warrant that your use of the Site, the Services, or any Hosted Site will be secure, uninterrupted, error-free, available, or accurate, or that any defects in the Site or in any Hosted Site will be corrected. Boosting Blue makes no warranties about the continued availability of the Site or Services.
    5. We do not guarantee that any information provided by a User or on a Hosted Site is accurate and disclaim any liability and responsibility for such information.
    6. We do not resolve or get involved in disputes between Users.
    7. You will be responsible for all activities that occur under your account and, to the extent permitted by federal law, Boosting Blue will not be liable for any loss or damage arising from such activities.
  2. Mobile Application Services
    1. Some or all of the Services may be available to Users through a mobile device via the Boosting Blue website. Availability of Services may vary by mobile device, mobile service provider, and other factors.
    2. When accessing the Site or the Services on a mobile device, you consent for us to communicate with you via that device, including by SMS, MMS, application notifications, etc.
    3. You are advised that your mobile service provider’s data, usage, message, and other charges or fees may apply when using the Site or the Services
  3. General Provisions
    1. Minnesota law governs these Terms of Use, as well as any claim, cause of action or dispute that might arise between you and Boosting Blue, without regard to conflict of law provisions. For any such claim, cause of action, or dispute, you agree and consent to the jurisdiction and venue of the state and federal courts of the State of Minnesota.
    2. If any provision of these Terms of Use is held unenforceable all remaining provisions of these Terms of Use shall remain in full force and effect.
    3. These Terms of Use contain the entire agreement between you and Boosting Blue regarding the use of the Site and the Services and supersede any prior agreement between you and us on such subject matter. The parties acknowledge that no reliance is placed on any representation made but not contained in these Terms of Use.
  4. Contact information: If you have any questions or need further information as to the Site or the Services, or need to notify Boosting Blue as to any matters relating to the Site or Services, please contact us promptly using the information below:

Boosting Blue

2626 East 82nd Street, #240

Bloomington, Minnesota (MN) 55425

Email: [email protected]

Telephone: (866) 612-5832