Terms of Use & Privacy Policy

Terms and conditions & Privacy Policy

Terms and Conditions

Thanks for using Blue Blaze, LLC, http://www.blue-blaze.com , The Xplorer and our related emails, websites, databases, apps and Products (collectively, the “Products”).

By using the Products, you agree to these Terms and Conditions (the “Terms”) and the other polices described in these Terms including our Privacy Policy (the “Privacy Policy”), which is described below and incorporated herein by reference.

For clarity, if you are using the Products on behalf of a business entity, then “you” means both you and your business entity.

If you do not agree to these Terms, then do not use the Products.

Use of the Products

You may not do anything on the Products directly or indirectly that: (a) is illegal or violates another contract; (b) steals the benefit of the Products, including without limitation using bots, scrapers, harvesters, or other automated systems or reverse engineering, decompiling, or disassembling the Products.

You may not use the Products if you are under 13 or if we have terminated your right to use of the Products. We will use commercially reasonable efforts to ensure the Products are available at all times, but we shall not be liable for any time during which the Products may be down. We may add to, modify, or terminate, portions of the Products at any time for any reason.

User Accounts

We may require you to create an account to purchase and use the Products. This account may be managed through Blue Blaze or third party software (e.g. Memberspace). If you create an account, then we may request information about you as described in these Terms and also as provided in our Privacy Policy (for information on how we use that information, please review our Privacy Policy).

You are responsible for your account and everything that happens through it. You must keep your account credentials private and must not allow other people to use your account. 

Fees

In order to access certain of our paid Products, you will be required to submit payment to us (either in one lump sum or using installments) and are thereby agreeing to pay us all fees associated with your account. If you select a payment plan that contemplates multiple payments over time, then you are thereby consenting to us automatically charging those payments to the payment information you provide to us (which you must update from time to time if it becomes invalid). All fees are exclusive of taxes and similar government assessments of every nature and form, all of which must be paid by you and not us.

Refunds

All purchases and sales on the Products are final and not eligible for returns or refunds. If you are unhappy with the Products, please contact Customer Service at info@blue-blaze.com.

Intellectual Property

The Products, including all design, software, code, and other content on the Products, are either owned by us, licensed to us, or likely owned by another individual or business, and may be protected by copyright, trademark, patent, trade secret, or other intellectual property laws. Your use of the Products does not grant any rights to you other than the right to use the Products for their intended purpose as outlined in these Terms.

NO GUARANTEE OF SPECIFIC RESULTS

OUR GOAL IS TO HELP YOU DEVELOP AND BROADEN INTERESTS AND ACHEIVEMENTS OVER YOUR HIGH SCHOOL CAREER IN THE INTERESTS OF BOTH IMPROVING YOUR CANDIDACY FOR COLLEGE ADMISSIONS AND BECOMING AN INTERESTING AND INTERESTED ADULT.

HOWEVER, NONE OF OUR PRODUCTS ARE INTENDED OR SHOULD BE INTERPRETED AS SPECIFIC RECOMMENDATIONS THAT, IF APPLIED, WILL RESULT IN COLLEGE ADMISSIONS. NOTHING IN THE PRODUCTS, OR ANYTHING ASSOCIATED WITH BLUE BLAZE, LLC, SHOULD BE INTERPRETED AS A GUARANTEE OF COLLEGE ADMISSIONS TO ANY SCHOOL. WE SHALL NOT BE LIABLE FOR YOUR FAILURE TO GAIN ADMISSION TO A PARTICULAR SCHOOL, OR ANY SCHOOL AT ALL.  

ADDITIONAL DISCLAIMERS

THE PRODUCTS ARE OFFERED ON AN “AS IS” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OF DATA, COMPLETENESS, USEFULNESS, AND NON-INFRINGEMENT.

WE DISCLAIM ALL LIABILITY FOR IDENTITY THEFT AND OTHER MISUSE OF YOUR IDENTITY OR OTHER CONTENT.

WE DO NOT MAKE ANY GUARANTEES REGARDING THE OPERATION OF THE PRODUCTS, PORTIONS OR ALL OF WHICH MAY BE UNAVAILABLE AT TIMES OR TERMINATED PERMANENTLY.

LIMITATION OF LIABILITY

“RELEASED PARTIES” MEANS BLUE BLAZE, LLC AND OUR PARENTS, SUBSIDIARIES, AFFILIATES, AND LICENSORS, AND THE OWNERS, MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AND AGENTS, OF ALL OF THEM.

THE RELEASED PARTIES SHALL NOT BE LIABLE TO YOU OR ANY OTHER THIRD PARTY FOR ANY LOST PROFITS OR REVENUES OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, COVER, OR PUNITIVE DAMAGES, HOWEVER CAUSED, WHETHER IN CONTRACT, TORT, OR UNDER ANY OTHER THEORY OF LIABILITY.

SUBJECT TO THE OTHER LIMITATIONS IN THESE TERMS, THE LIABILITY OF ANY RELEASED PARTY ARISING OUT OF OR RELATED TO THESE TERMS OR OUR PRIVACY POLICY, SHALL BE LIMITED TO THE SUMS PAID BY YOU TO US IN THE 12-MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH YOUR CLAIM AROSE.

EXCEPT AS EXPRESSLY PROVIDED IN ANOTHER CONTRACT BETWEEN YOU AND US, YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE PRODUCTS IS TO TERMINATE YOUR USER ACCOUNT AND/OR YOUR USE OF THE PRODUCTS.

INDEMNIFICATION

You shall protect, defend, indemnify, and hold the Released Parties harmless, from and against all expenses, claims (including third party claims), actions, liabilities, losses, and damages of every kind (including reasonable attorneys’ fees), which result or arise out of your failure to comply with these Terms, your submission of content that violates third party rights or applicable laws, any applications or programs which you create which use any of our Products, and any activity in which you engage on or through the Products. 

ARBITRATION

If a dispute arises between you and us related to your use of the Products, these Terms, or our Privacy Policy, then the dispute shall be resolved by binding arbitration rather than in court. To initiate an arbitration, you must send a letter requesting arbitration and describing your claim to our registered agent on file with the New York Secretary of State. The arbitration proceedings shall be held in New York, New York, USA. Notwithstanding the agreement to arbitrate above, either you or we may assert a claim seeking injunctive or other equitable relief from the courts as necessary to stop unauthorized use or abuse of the Products or intellectual property infringement (for example, trademark, trade secret, copyright, or patent rights) without first engaging in arbitration.

MISCELLANEOUS

You may stop using the Products at any time. If you create a user account, you may terminate the account at any time. However, you will remain liable for any damage you caused or may later cause to us or any part of the Products. In our sole discretion, at any time, and with or without notice, we may: (a) suspend your access to or terminate your right to use of all, or parts of, the Products; (b) suspend your access to or terminate your user account, if applicable; and (c) suspend or terminate all, or parts of, the Products.

All provisions in these Terms which by their nature should survive termination of these Terms shall survive the termination.

These Terms and our Privacy Policy shall be governed by and construed in accordance with New York law, excluding its conflict of law principles.

Each provision in these Terms shall be treated as separate and independent of the other provisions. Accordingly, if a court with competent jurisdiction declares a provision unenforceable, then the provision should be limited to the minimum extent necessary so that it remains enforceable. If such amendment is not possible, then the unenforceable provision should be deemed removed from these Terms, but the remaining provisions shall remain in full force.

These Terms and our Privacy Policy and all rights and licenses granted to you, may not be transferred or assigned by you, but may be assigned by us without restriction. Any attempted transfer or assignment by you will be null and void.

We may amend these Terms at any time by providing advance notice to you through the Products or through another communication channel. Your continued use after we provide the notice constitutes your consent to the amendment.

Privacy Policy

Thanks for using Blue Blaze, LLC, http://www.blue-blaze.com , The Xplorer and our related emails, websites, databases, apps and Products (collectively, the “Products”).

This Privacy Policy applies to your use of the Products. If you do not agree to this Privacy Policy, then do not use the Products.

Information We Collect

We may collect (or you may provide to us) information which is not personal in nature and which may not be used to identify you as a specific individual or business (“Anonymous Data”). 

As a result of your use of the Products we may collect ourselves or through third party service providers (or you may provide to us) the following types of information (“Personal Data”):

• Basic Information: Your name, business name, address, email address, phone number, photos, videos, age of children, children’s interests, year of high school graduation, and similar types of information.

• User Account Information: User names, passwords, and similar types of information.

• Information We Collect Automatically: We may collect information about you automatically, including your IP address, operating system, browser ID, browsing activity, time stamps, site navigation, button clicks, and similar types of information. We may also use and/or collect cookies and other types of data files (such as web beacons and cookie-equivalent technology), some of which may be stored on your computer or electronic device for use when you use the Products.

• Your Content: You may also voluntarily provide information to us through the Products and also through other communication channels, including content, text, photos, videos, audio files, and similar types of information. 

  
  Personal Data shall for the purposes of this Privacy Policy include “Payment Information”: “Payment information” includes credit/debit card numbers, account numbers, and similar types of information which is collected through third party membership software (e.g. Memberspace) and processed and stored through Stripe, a third party credit card processing company. Blue Blaze, LLC does not collect or store credit/debit card information itself and is not responsible for the security or usage of such Payment Information.

Sensitive Personal Data

You should not provide us with any sensitive information about you, including for example your racial or ethnic origins, political opinions, religious or philosophical beliefs, trade union membership information, genetic data, biometric data, health data, sex life data, or sexual orientation data.

How We Use Your Information 

We may use Anonymous Data for any purpose not otherwise prohibited by applicable law, without your consent, without providing notice to you, and without providing compensation to you, including without limitation sharing and selling Anonymous Data to third parties. 

We will not share or sell your Personal Data except as otherwise provided in this Privacy Policy.

However, we may use your Personal Data as follows:

• Customization of Products: We may use your Personal Data to customize and/or enhance your use of the Products.

• Communications: We may use your Personal Data to send communications to you, including marketing communications.

• Sharing with Affiliates & Third Parties: We may share your Personal Data with our affiliates and other third parties to accomplish the purposes outlined in this Privacy Policy and in our Terms of Use. This includes sharing your Personal Data with third party payments processors.

• Retention: We may store and retain your Personal Data for purposes of using it as described in this Privacy Policy. However, we do not have any obligation to store your Personal Data for the benefit of you or any other third party.

• Per our Terms of Use: We may use your Personal Data as provided in our Terms of Use.

We may aggregate your Personal Data with information we have about other users, individuals, and business, for the purpose of converting your Personal Data into Anonymous Data. Once converted, we may use that information as provided in this Privacy Policy.

Some of the information you provide to us may be changed or deleted by you in your account settings. However, even if you change or delete that information, we may retain previous versions of the information for a reasonable period of time in order to continue providing the Products. 

You may restrict our ability to use cookies and certain other types of data files by adjusting the settings on your device or browser.

You may request that we delete your Personal Data from the Products, but we do not have any obligation to honor that request.

Rights Under the European Union’s General Data Protection Regulation (GDPR)

If you are a “Data Subject” under the GDPR, then in addition to the rights outlined elsewhere in this Privacy Policy, you have the rights outlined in this section. If you have questions about any of these rights or if you would like to exercise any of these rights, please contact us at support@admissionscience.com. Also, please note that certain portions of the Products will not work for you unless you provide us with your Personal Data.

• You have the right to be informed about what data we collect and how we use it.

• You have the right to request access to your Personal Data.

• You have the right to have us rectify your Personal Data if it is inaccurate or incomplete.

• You have the right to have us erase, remove, or delete, your Personal Data.

• You have the right to restrict our processing of your Personal Data as provided in the GDPR.

• You have the right to data portability with respect to your Personal Data.

• You have the right to object to certain uses of your Personal Data as provided in the GDPR.

• You have the right to lodge a complaint with a supervisory authority that has jurisdiction over issues related to the GDPR.

• To the extent you provided consent to our processing of your Personal Data, you have the right to withdraw that consent at any time. However, such withdrawal will not be effective with respect to lawful processing based upon consent that occurred prior to your withdrawal. (We require only the information that is reasonably required to enter into a contract with you. We will not require you to provide consent for any unnecessary processing as a condition of entering into a contract with us.)

• We will only retain your Personal Data for as long as necessary for the purposes outlined in this Privacy Policy and our Terms of Use.

Security

We will use commercially reasonable efforts to protect your information, especially your personally identifiable information.

However, since the Internet is not a 100% secure environment, we cannot ensure or warrant the security of any information you transmit to us. Further, it is your responsibility to protect the security of your login information and credentials. 

Finally we have no obligations with respect to your Payment Information, as that is collected, processed, controlled and stored by third party companies as described above and is not within the control of Blue Blaze, LLC.

We may amend this Privacy Policy at any time by providing advance notice to you on the Website, through the Products, or through another communication channel. Your continued use after we provide the notice constitutes your consent to the amendment(s).