Thanks for using Trail Blazer and the Trail Blazer Email System

Standard Terms of Service - Trail Blazer Email System

Please read these Terms of Service carefully. By using Trail Blazer Email System you’re agreeing to these Terms of Service, 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 of Service. 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, 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 Terms of Service (“TOS,”) including our Acceptable Use Policy, API Guidelines, and the PROGRAM PRODUCT LEASE AGREEMENT define additions to the Terms and Conditions under which you’re allowed to use the Service in accordance with the PROGRAM PRODUCT LEASE AGREEMENTt, and how we’ll treat your account while you’re a Customer. If you don’t agree to these TOS, you must immediately discontinue your use of the Trail Blazer Email System.

If you have any questions about our TOS, 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. have an authorized representative of the Customer complete and sign the PROGRAM PRODUCT LEASE AGREEMENT;
3. agree to these Terms of Service;
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. Changes

We may change any of the TOS by posting revised TOS on our Website. Unless you terminate your account, the new TOS 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.

Rights

3. 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

4. General Rules

By agreeing to these Terms of Service, you agree 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.

5. Reporting Abuse

If you think anyone is violating any of these TOS, please notify us immediately. If you received spam you think came from a Trail Blazer Customer, please report it to our abuse team. If you think anyone has posted material that violates any protected marks or copyrights, then you can notify us via email.

6. 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.

7. 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 Program 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.

8. 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.

9. 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 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

10. 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 if monthly term or one-twelfth (1/12) of the PROGRAM PRODUCT LEASE AGREEMENT annual term fee whichever is applicipale.

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 of Service, regardless of whether we terminate or suspend your account due to such violation.

Other Important Stuff

11. Waiver

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

12. No Changes in Terms at Request of Customer

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

13. Further Actions

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

Congratulations! You’ve reached the end.

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