Trail Blazer Terms of Service

Thanks for using Trail Blazer and the Trail Blazer Email System

Standard Terms of Use

Trail Blazer Email System

Please read these Terms carefully. By using Trail Blazer Email System you’re agreeing to these Terms, which will result in a legal agreement between you and Trail Blazer (“Agreement”). We’ll start with the basics, including a few definitions that should help you understand these Terms. In your Program Product Lease Agreement the Program Product in this document is called Trail Blazer. Trail Blazer (“Trail Blazer,” “we,” or “us”) is a software platform (the “App”) that allows you to manage your contacts, and to create, send, and manage certain marketing campaigns, including, without limitation, emails, advertisements, and mailings (each a “Campaign,” and collectively, “Campaigns”), among other things. The App is offered through our desktop software and websites, including http://www.TrailBlz.com, trailblazeriq.com, and any other website or mobile application owned, operated or controlled by us (we’ll collectively refer to these as the “Website,” and together with the App, the “Service”). Trail Blazer is a Minnesota corporation whose legal name is Trail Blazer Campaign Services, Inc. Trail Blazer has employees, independent contractors, and representatives (“our Team”). As a customer of the Service or a representative of an entity that’s a customer of the Service, you’re a “Customer” according to this Agreement (or “you”).

These Standard Terms of Use (“Terms,” including our Acceptable Use Policy, API Guidelines, and the Program Product Lease Agreement) define the terms and conditions under which you’re allowed to use the Service in accordance with the Agreement, and how we’ll treat your account while you’re a Customer. If you don’t agree to these Terms, you must immediately discontinue your use of the Trail Blazer Email System.

If you have any questions about our Terms, feel free to contact us.

Account

1. Eligibility

In order to use the Trail Blazer Email System, you must:

  1. be at least eighteen (18) years old and able to enter into contracts;
  2. Organization must have completed the PROGRAM PRODUCT LEASE AGREEMENT process;
  3. agree to these Terms;
  4. provide true, complete, and up-to-date contact and billing information;
  5. not be based in Cuba, Iran, North Korea, Syria, or any other country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a “terrorist-supporting” country; and
  6. not be listed on any U.S. government list of prohibited or restricted persons.

By using the Service, you represent and warrant that you meet all the requirements listed above, and that you won’t use the Service in a way that violates any laws or regulations. Note that by representing and warranting, you are making a legally enforceable promise.

Trail Blazer may refuse service, close accounts of any Customers, and change eligibility requirements at any time.

2. Term

When you complete a PROGRAM PRODUCT LEASE AGREEMENT have billing that is in good standing and agree to these Terms, the Agreement between you and Trail Blazer is formed, and the term of the Agreement (the “Term”) will begin. The Term will continue for as long as you have a Trail Blazer PROGRAM PRODUCT LEASE AGREEMENT in place and the billing account is in good standing.

3. Changes

We may change any of the Terms by posting revised Terms on our Website. Unless you terminate your account, the new Terms will be effective immediately and apply to any continued or new use of the Service. We may change the Service, Add-ons, or any features of the Service at any time, and we may discontinue the Service, Add-ons, or any features of the Service at any time.

Payment

4. Billing Changes

We may change our fees, including our charges for Trail Blazer Email System, at any time by posting a new pricing structure to our Website, or in your account and/or sending you a notification by email, or as provided in the PROGRAM PRODUCT LEASE AGREEMENT. Quoted fees don’t include sales or other transaction-based taxes of any kind. 

Rights

5. Proprietary Rights Owned by Us and by You

We own all proprietary rights in the Service, including, but not limited to, patents, trademarks, service marks, trade secrets, copyrights, and other intellectual property rights. You will respect our proprietary rights in the Service, and you may only use our brand assets by special permission.

You represent and warrant that you either own or have permission to use all of the material, content, data, and information (including your personal information and the personal information of others) you submit to Trail Blazer in the course of using the Service (“Content”). You retain ownership of the Content that you upload to the Service. We may use or disclose your Content (including any personal information therein) only as described in these Terms, our Privacy Policy and Cookie Statement, and, if applicable, our Data Processing Addendum.

6. Privacy Policy

Your privacy is important to us. Please read our Privacy Policy and Cookie Statement for information regarding how we collect, use, and disclose your Content and personal information and protect your privacy when you use the Service.

7. Right to Review Content and Campaigns

We may view, copy, and internally distribute Content from your Campaigns and account to create algorithms and programs (“Tools”) that help us spot problem accounts and improve the Service. We use these Tools to find Customers who violate these Terms or laws and to study data internally to make the Service smarter and create better experiences for Customers and their contacts.

Rules and Abuse

8. General Rules

By agreeing to these Terms, you promise to follow these rules:

  1. You won’t send spam!
  2. You won’t use purchased, rented, or third-party lists of email addresses.
  3. You’ll comply with our Acceptable Use Policy, which forms part of these Terms.
  4. If you use our API, you’ll comply with our API Use Policy, which forms part of these Terms.

Trail Blazer doesn’t allow accounts that promote or incite harm toward others or that promote discriminatory, hateful, or harassing Content. To this end, we may suspend or terminate your account if you send a Campaign or otherwise distribute any Content that we determine, in our sole discretion, contains either of the following:

  1. A Threat of Physical Harm. This means any statement, photograph, advertisement, or other Content that in our sole judgment could be reasonably perceived to threaten, advocate, or incite physical harm to or violence against others.
  2. Hateful Content. This means any statement, image, photograph, advertisement, or other Content that in our sole judgment could be reasonably perceived to harm, threaten, promote the harassment of, promote the intimidation of, promote the abuse of, or promote discrimination against others based solely on race, ethnicity, national origin, sexual orientation, gender, gender identity, religious affiliation, age, disability, disease, or immigration status.

We also may suspend or terminate your account if we determine, in our sole discretion, that you are either:

  • an organization that has publicly stated or acknowledged that its goals, objectives, positions, or founding tenets include statements or principles that could be reasonably perceived to advocate, encourage, or sponsor Hateful Content or A Threat of Physical Harm;
  • a person that has publicly made a comment or statement, or otherwise publicly made known a position, including by Customership in an organization as discussed above, that could be reasonably perceived as Hateful Content or A Threat of Physical Harm; or
  • a person or organization that has acted in such a way as could be reasonably perceived to support, condone, encourage, or represent Hateful Content or A Threat of Physical Harm.

If you violate any of these rules, then we may suspend or terminate your account.

9. Reporting Abuse

If you think anyone is violating any of these Terms, please notify us immediately. If you received spam you think came from a Trail Blazer Customer, please report it to our abuse team. (Every email Campaign sent through the Service has an embedded campaign tracking ID in the email header, making it easy to report suspected spam.) If you think anyone has posted material that violates any protected marks or copyrights, then you can notify us via email.

10. Bandwidth Abuse/Throttling

You may only use our bandwidth for your Content and Campaigns. We provide image and data hosting only for your use of the Service, so you may not host images on our servers for anything else. We may throttle your sending or connection through our API at our discretion.

11. Limitations on Use.

You understand that not all messages or campaigns sent through use of the Service will be received by or will be capable of being viewed by their intended recipients or will be viewable by your recipients in the same way they appear in our product environment. You further understand that delivery of messages by means of the Service may involve transmissions over various networks, and that the messages (including images and text contained therein) could be reformatted or otherwise revised to conform to the formatting or technical requirements of such networks. You also understand and agree that messages exceeding maximum character limitations may be truncated, abbreviated, reduced or otherwise abruptly cut short.

You agree that we may establish general practices and limits concerning use of the Service, including the maximum number of messages or campaigns that may be distributed by you and/or the maximum size of any messages or campaigns that may be transmitted by means of the Service. We reserve the right to modify, revise, suspend or discontinue any part of Service in whole or in part, either temporarily or permanently and with or without notice, and you acknowledge that we are not obligated to support or update the Service in any manner. If we discontinue Service in its entirety we will provide you with advance notice and an opportunity to cancel your account.

12. Compliance with Laws

You represent and warrant that your use of the Service will comply with all applicable laws and regulations. You’re responsible for determining whether the Service is suitable for you to use in light of your obligations under any regulations like HIPAA, GLB, EU data privacy laws (including the General Data Protection Regulation) (“EU Data Privacy Laws”), United States export control laws and regulations and economic sanctions laws and regulations (“U.S. Export Control Laws and Regulations”), or other applicable laws. If you’re subject to regulations (like HIPAA) and you use the Service, then we won’t be liable if the Service doesn’t meet those requirements. You may not use the Service for any unlawful or discriminatory activities, including acts prohibited by the Federal Trade Commission Act, Fair Credit Reporting Act, Equal Credit Opportunity Act, Children’s Online Privacy Protection Act, or any other applicable laws.

If you collect any personal information pertaining to a minor and store such information within your Trail Blazer account, you represent and warrant that you have obtained valid consent for such activities according to the applicable laws of the jurisdiction in which the minor lives.

If you’re located in the European Economic Area, the United Kingdom, or Switzerland (collectively, the “EEA”), and/or distribute Campaigns or other Content through the Service to, and/or otherwise collect information through the Service from, anyone located in those countries (each such Customer an “EEA Customer”), you agree, represent and warrant (as applicable) to Trail Blazer that:

  1. You will clearly post, maintain, and abide by a publicly accessible privacy notice on the digital properties from which the underlying data is collected that (a) satisfies the requirements of applicable data protection laws, (b) describes your use of the Service, and (c) includes a link to Trail Blazer’s Privacy Policy.
  2. You will get and maintain all necessary permissions and valid consents required to lawfully transfer data to Trail Blazer and to enable such data to be lawfully collected, processed, and shared by Trail Blazer for the purposes of providing the Service or as otherwise directed by you.
  3. You will comply with all laws and regulations applicable to the Campaigns sent through the Service, including those relating to (a) acquiring consents (where required) to lawfully send Campaigns, (b) the Content of Campaigns, and (c) your Campaign deployment practices.
  4. You will provide and obtain all notices and obtain all necessary consents required by applicable data protection laws to enable Trail Blazer to deploy cookies and similar tracking technologies (like web beacons or pixels) lawfully on and collect data from the devices of contacts and end users in accordance with and as described in the Cookie Statement.
  5. You are subject to Trail Blazer’s Data Processing Addendum (“DPA”), which will apply when and to the extent Trail Blazer processes Customer Data protected by Data Protection Laws applicable to the EEA (all as defined in the DPA). The DPA sets out our obligations with respect to data protection and security when processing such Customer Data in connection with the Service and forms part of these Terms.

In addition, if you are an EEA Customer, you acknowledge and agree that we have your prior written authorization to respond, at our discretion, to any data subject access requests we receive from your contacts made under EU Data Privacy Laws, or, alternatively, we may direct any such contacts to you so that you can respond to the request accordingly.

You agree to indemnify and hold us harmless from any losses, including all legal fees and expenses, that result from your breach of this Section 20.

13. Export Controls

The software that supports the App (the “Software”) is subject to U.S. Export Control Laws and Regulations. Export laws are set up by the government to keep certain goods and services from reaching other countries, usually because of security concerns or trade agreements. None of the Software may be downloaded or otherwise exported or re-exported in violation of U.S. Export Control Laws and Regulations and any other applicable export laws and regulations (collectively, “Export Control Laws”). Therefore, you agree that you won’t, directly or indirectly through a third party, allow the Software or your Campaigns to be accessed or generated from within, or distributed or sent to any prohibited or embargoed country as mentioned in any Export Control Laws. In addition, you certify that neither you nor any principals, officers, directors, or any person or entity you know to be directly involved with the use of the Service is designated on any U.S. government list of prohibited or restricted persons.

It’s important to note that this Section 15 isn’t meant to provide a comprehensive summary of the Export Control Laws that govern Trail Blazer, the Service, or the Software. You’re downloading and using the Software at your own risk, and it’s your responsibility to consult with a legal advisor to make sure your use of the Service and the Software complies with applicable laws.

Liability

14. Limitation of Liability

To the maximum extent permitted by law, you acknowledge and agree that (i) you assume full responsibility for any loss that results from your use of the Service, including any downloads from the Website; (ii) we and our Team won’t be liable for any indirect, punitive, special, or consequential damages under any circumstances, even if they’re based on negligence or we’ve been advised of the possibility of those damages; and (iii) in any calendar month, our total liability to you arising under or in connection with the Agreement—whether in contract, tort (including negligence), breach of statutory duty, or otherwise—will be no more than what you paid us for the Trail Blazer Email System, the preceding month or one twelfth (1/12) of the PROGRAM PRODUCT LEASE AGREEMENT annual fee whichever is less .

For the avoidance of doubt, in no instance will we or our Team be liable for any losses or damages you suffer if you use the Service in violation of these Terms, regardless of whether we terminate or suspend your account due to such violation.

15. No Warranties

To the maximum extent permitted by law, we provide the Trail Blazer Email System as-is. This means that, except as expressly stated in these Terms, we don’t provide warranties, conditions, or undertakings of any kind in relation to the Trail Blazer Email System, either express or implied. This includes, but isn’t limited to, warranties of merchantability and fitness for a particular purpose, which are, to the fullest extent permitted by law, excluded from the Agreement. Since Customers use the Service for a variety of reasons, we can’t guarantee that it’ll meet your specific needs.

16. Indemnity

You agree to indemnify and hold us and our Team harmless from any losses, including legal fees and expenses that directly or indirectly result from any claims you make that aren’t allowed under these Terms due to a “Limitation of Liability” or other provision. (Indemnity is an agreement to compensate someone for a loss.) You also agree to indemnify and hold us harmless from any losses, including legal fees and expenses, that directly or indirectly result from (i) your Content, (ii) your use of the Service, (iii) your violation of any laws or regulations, (iv) third-party claims that you or someone using your password did something that, if true, would violate any of these Terms, (v) any misrepresentations made by you, or (vi) a breach of any representations or warranties you’ve made to us.

17. Equitable Relief

Your violation of these Terms may cause irreparable harm to us and our Team. Therefore, we have the right to seek injunctive relief or other equitable relief if you violate these Terms (meaning we may request a court order to stop you).

18. Subpoena Fees

If we have to provide information in response to a subpoena, court order, or other legal, governmental, or regulatory inquiry related to your account, then we may charge you for our costs. These fees may include attorney and employee time spent retrieving the records, preparing documents, and participating in a deposition.

19. Disclaimers

We and our Team aren’t responsible for the behavior of any third parties, linked websites, or other Customers.

Other Important Stuff

20. Notice to U.S. Government End Users

The Software and Website, including all documentation, are “Commercial Items,” as that term is defined at 48 C.F.R. §2.101, and consist of “Commercial Computer Software” and “Commercial Computer Software Documentation.” The Commercial Computer Software and Commercial Computer Software Documentation are licensed to U.S. government end users:

  1. only as Commercial Items,
  2. with the same rights as all other end users, and
  3. according to the Terms.

Published and unpublished rights are reserved under the copyright laws of the United States. The manufacturer is Trail Blazer Campaign Service, Inc 620 Mendelssohn Ave N, Suite 186, Golden Valley, MN 55427.

21. Assignments

You may not assign any of your rights under this Agreement to anyone else. We may assign our rights to any other individual or entity at our discretion.

22. Choice of Law

The State of Minnesota’s laws, except for conflict of laws rules, will apply to any dispute related to the Agreement or the Service. You acknowledge and agree that any dispute related to the Agreement or the Service itself will be decided by the state or federal courts in Hennepin County, Minnesota, and each party consents to personal jurisdiction in those courts.

23. Force Majeure

We won’t be held liable for any delays or failure in performance of any part of the Service, from any cause beyond our control. This includes, but is not limited to, acts of god, changes to law or regulations, embargoes, war, terrorist acts, riots, fires, earthquakes, nuclear accidents, zombie apocalypse, floods, strikes, power blackouts, volcanic action, unusually severe weather conditions, and acts of hackers, or third-party internet service providers.

24. Survivability

Even if this Agreement is terminated, the following sections will continue to apply: Proprietary Rights Owned by Us and by You, Compliance with Laws, Limitation of Liability, No Warranties, Indemnity, Choice of Law, Severability, and Entire Agreement.

25. Severability

If it turns out that a section of these Terms isn’t enforceable, then that section will be removed or edited as little as required, and the rest of the Agreement will still be valid.

26. Interpretation

The headers and sidebar text are provided only to make these Terms easier to read and understand. The fact that we wrote these Terms won’t affect the way the Agreement is interpreted.

27. Waiver

If we don’t immediately take action on a violation of these Terms, we’re not giving up any rights under the Terms, and we may still take action at some point.

28. No Changes in Terms at Request of Customer

Because we have so many Customers, we can’t change these Terms for any one Customer or group.

29. Further Actions

You’ll provide all documents and take any actions necessary to meet your obligations under these Terms.

30. Notices

Any notice to you will be effective when we send it to the last email or physical address you gave us or when posted on our Website. Any notice to us will be effective when delivered to us along with a copy to our legal counsel: Attn. Legal Department, Trail Blazer, 620 Mendelssohn Ave N, Suite 186 Golden Valley, MN 55427, or any addresses as we may later post on the Website.

31. Entire Agreement

These Terms, the PROGRAM PRODUCT LEASE AGREEMENT, and any Additional Terms you’ve agreed to by enabling any Add-ons make up the entire agreement between us 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 the Additional Terms, the Additional Terms will control to the extent of the conflict.

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Thanks for taking the time to learn about Trail Blazer’s policies.



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