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TERMS AND CONDITIONS
1. Term, Renewal, and Termination. See Term section of Program Product Lease Agreement for your Term length. License commences on the Term Start Date, the Term Start Date is the date the first payment was received. Licenses are automatically renewed at the end of each term for the same term length unless terminated in writing, to Trail Blazer support email address, at least 15 days prior to the end of the current term, but no more than 90 days prior.
2. Reactivation. Customer will be charged a database reactivation fee at the current rate published on the Additional Service page if Customer requests that Trail Blazer bring Customer’s database back online after the license expiration date. Trail Blazer is not responsible for Customer’s data after the expiration date. Trail Blazer does not guarantee that Customer’s data will be available and/or compatible with current software versions after the expiration date.
3. Contact Information. Customer is responsible for maintaining current contact information, including email address, permanent mailing address, and phone number. Because much of our communication with Customer is done via email, it is very important that Customer periodically check that email addresses and contact information on file is accurate. Notices will be sent to the Customer contact provided.
4. Errors, Use, and End User Information. Error collection is a vital function. Trail Blazer will collect this information to improve the system. How the system is used and where errors occur are important tools for improvement. Trail Blazer reserves the right to collect, and use, the use and user information. In addition End User information will be used to inform system updates and for user newsletters, but may be used for other uses, including Trail Blazer related marketing. Trail Blazer will not sell or give your use or user information to other parties without your permission.
5. Maintenance, Improvements, and Support. The Program Product license fees include future improvements, support, and maintenance of product features. Our Service Level Agreement(SLA) document defines the level of service you should expect from Trail Blazer. The SLA defines the metrics by which our service is measured.
6. Exclusive Use. The Program Product license is for use exclusively by the organization listed on the signed Program Product Lease Agreement.
7. Invoicing and Pricing. Pricing may change monthly based on the Customer’s record count or revenue. Revenue-based contracts are for Political Action Committees (PAC) and other special organizations. If the Customer’s record count increases into a new bracket, Trail Blazer will invoice the difference. If record count decreases, no credits or refunds will be granted. However, upon term renewal date, Customer’s bracket can be adjusted for a reduced record count. Both record count and revenue reviewed periodically and pro-rated for the months where either move into new tiers. Pricing may change:
7a. Invoices are Debt and Due on Termination.
8. Document Storage. The Program Product also provides for the storage of documents such as JPEG images, PDFs, Word documents, and audio and video footage, etc. This agreement includes 10 gigabytes of document storage. Customer agrees to pay $120 for every 10 additional gigabytes per year above the included amount. Individual file size limits apply.
9. License Fee Changes. License fee rates may be changed by Trail Blazer upon 30 days' notice to Customer. Fee rate changes shall not apply for the duration of any prepaid license term.
10. Payment and Taxes. The first payment is due upon signing and subsequent payments are due within 30 days of billing. Trail Blazer reserves the right to terminate license without advanced notice in the event of non-payment. In addition to the license fees, Customer shall pay any applicable taxes, however designated or levied, based upon such license fee or this agreement. Including Federal, state or local excise, sales, use or personal property taxes, or taxes designated or levied by any foreign government, but excluding taxes based on Trail Blazer’s income. Late payment may be subject to a late payment fee of 18 percent annual percentage rate or maximum allowable under state or provincial law whichever is lower.
11. Monthly Payment Option, or Month-to-Month contracts. If Customer has been given a monthly option and if Customer chooses it, or if they are a Month-to-Month Customer then they must set those payments up as automatic recurring online payments at Trailblz.com/Support/MakeAPayment. Your initial online payment constitutes agreement to establish recurring subscription charges even if the recurring option was not selected. Failure to set up or keep up to date the information for recurring payment does not Terminate agreement, debts remain and continue incurring.
12. Refunds, or Overpayment. No refunds. Any overpayment if possible will be held for next invoice or payment due.
13. Denied Transaction Fee. Once the Customer has established recurring electronic payments with Trail Blazer and the credit card or electronic check payment fails, Trail Blazer may assess a Denied Transaction Fee. The cost of the Denied Transaction Fee is $15.00. This fee will apply for any of the reasons including, but not limited to, transaction failure due to expired credit card, insufficient funds, over the credit limit, incorrect name, or incorrect bank routing and transit information, etc.
14. Data Conversion Costs: Customer will incur additional data import fees if the data does not conform to the formats listed in the data conversion policy. Customer can avoid additional data import fees, as outlined in Additional Services, by following the data conversion policy. The grid in the data conversion policy that applies to the specific Customer type shows what is included in the normal import of your data. Trail Blazer will review your data files at no charge and provide a quote for any additional costs for files.
16. Limitations of Liability. Trail Blazer warrants that it has the right to license its Program Products and that the Program Products do not infringe on any patent, copyright, or other property rights. Trail Blazer shall defend any action at law against the Customer asserting a claim that Customer’s use of a Program Product under this agreement infringes any such patent, copyright or other property rights. In no event shall Trail Blazer become liable to the Customer or any other party for any consequential, indirect, special, or incidental damages or loss, including loss of time, money, or goodwill which may arise from the Customers use of the Program Product. Trail Blazer makes no other warranties, express or implied, including any warranty of merchantability or fitness for a particular purpose.
17. Title, Confidentiality, and Customer Use Limitations. Trail Blazer and Trail Blazer’s licensors retain title to the Program Products, including all modifications and improvements, and the Program Products are trade secrets of Trail Blazer and its licensors. Customer agrees to hold in confidence the Program Products and materials of information delivered or disclosed by Trail Blazer to Customer under this agreement. Customer will use the Program Products internally within its own company in the pursuit of its business interests, and will not sell, license, or otherwise transfer such Program Products or materials to any third party. Customer will not reproduce or reverse engineer or allow any third party to reproduce or reverse engineer the Program Product or materials in any form, and Customer will use its best efforts to ensure that no improper or unauthorized use of such Program Products or materials is made. Trail Blazer understands that Customer’s business plan, data, and strategies are confidential and agrees not to disclose such information to any third parties not part of Customer’s business.
18. Data Ownership. Trail Blazer acknowledges and agrees that all data supplied by Customer and stored in Trail Blazer's databases and/or servers is completely and solely owned by the Customer and is the exclusive property of the Customer. Trail Blazer agrees that, upon the termination of this Program Product Lease Agreement, for any reason whatsoever, it will grant Customer access to its data to retrieve all of the data within five business days.
19. Software Customization. Trail Blazer’s software is sold “as is”. Regularly, there will be overall enhancements to the software at Trail Blazer’s expense. However, customer requests for custom programming are not included in the subscription. Custom programming will be charged to the Customer at the prevailing programming rate. All changes are at the discretion of Trail Blazer and will be based on the synergy to the current software product.
20. Notices. Any notice to Customer will be effective when we send it to the last email or physical address Customer gave us or when posted on our Website.
21. Additional Terms. These Terms and Conditions, the PROGRAM PRODUCT LEASE AGREEMENT, the Terms of Service, the Acceptable Use Policy, and any Additional Terms you’ve agreed to by enabling any Add-ons will make up the entire agreement between Trail Blazer and Customer in relation to its subject matter and supersede all prior agreements, representations, and understandings. Any Additional Terms will be considered incorporated into the Agreement when you activate the corresponding Add-on. Where there’s a conflict between these Terms and Conditions and the Additional Terms, the Additional Terms will control to the extent of the conflict.
22. General. This agreement is governed by the laws of the State of Minnesota. This agreement may not be transferred or assigned by Customer without the consent of Trail Blazer. This agreement constitutes the full and complete understanding between Trail Blazer and Customer with respect to the subject matter herein. Any dispute related to the Program Product Lease Agreement, this Terms and Conditions, or any other Agreements will be decided by the state or federal courts in Hennepin County, Minnesota, and each party consents to personal jurisdiction in those courts.