Last Update on May 24th, 2022

Bluehour Terms of Service

By signing up for the Bluehour service (“Service”) or any of the services of Alex Michael Holden, LLC and/or Bluehour (“Bluehour”) you are agreeing to be bound by the following terms and conditions (“Terms of Service”). You can review the current version of the Terms of Service at any time at https://bluehourdigital.com/bluehour-terms-of-service/. Bluehour reserves the right to update and change the Terms of Service by posting updates and changes to the Bluehour website. You are advised to check the Terms of Service from time to time for any updates or changes that may impact you.

You may use the Services only in accordance with these Terms. We may make changes to these Terms from time to time. When we do, we will revise the “last updated” date given above. It is your responsibility to review these Terms frequently and to remain informed of any changes to them. The then-current version of these Terms will supersede all earlier versions. You agree that your continued use of the Services after such changes have been published to our website will constitute your acceptance of such revised Terms. We may terminate, suspend, or modify the Services, in general, or with respect to you, from time to time without cause or prior notice. We may also delete any content or data from the Services at our discretion.

These terms, together with our privacy policy and your contract, form an agreement between you and Bluehour. By using Bluehour Services, you represent to us that you are legally competent to enter into this agreement.

 

Account Terms

1.1) You must be 18 years or older or at least the age of majority in the jurisdiction where you reside or from which you use this Service.

1.2) To access and use the Services, you must agree to become a Bluehour Client and therefore maintain a Bluehour client account (“Account”) by providing your full legal name, current address, phone number, a valid email address, and any other information indicated as required. Bluehour may reject your application for an Account, or cancel an existing Account, for any reason, in our sole discretion.

1.3) You acknowledge that Bluehour will use the email address you provide as the primary method for communication.

1.4) A breach or violation of any term in the Terms of Service, as determined in the sole discretion of Bluehour may result in an immediate written termination of your services.

Your Bluehour Account and Ownership

2.1) Bluehour Account – The person signing up for the Service will be the contracting party (“Account Owner”) for the purposes of our Terms of Service and will be the person who is authorized to use any corresponding account we may provide to the Account Owner in connection with the Service.

If you are signing up for the Service on behalf of your employer, your employer shall be the Account Owner. If you are signing up for the Service on behalf of your employer, then you represent and warrant that you have the authority to bind your employer to our Terms of Service.

2.2) Competition — You may not access Bluehour Services if you are our direct competitor, except with our prior written consent. In addition, you may not access the Bluehour Services for purposes of monitoring their availability, performance or functionality, or for any other benchmarking or competitive purposes.

2.3) Intellectual Property — You agree that the Services, including but not limited to content, graphics, user interface, audio clips, video clips, editorial content, and the scripts and software used to implement the Services, contain proprietary information and material that is owned by Bluehour and/or its licensors, and is protected by applicable intellectual property and other laws, including but not limited to copyright. You agree that you will not use the proprietary information or materials in any way whatsoever except for use of the Services in compliance with this Agreement. No portion of the Services may be reproduced in any form or by any means, except as expressly permitted by this Agreement. You agree not to modify, rent, loan, sell, or distribute the Services or Content in any manner, and you shall not exploit the Services in any manner not expressly authorized.

2.4) Security — You are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with your account. You must immediately notify Bluehour of any unauthorized uses of your account or any other breaches of security.

2.5) Omissions — Bluehour will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.

2.6) Other Accounts – Bluehour may facilitate subscription service purchases on your behalf for subscriptions needed to fulfill the Scope of Services. Some examples of these subscriptions are domain names, web hosting, and integration software. These fees will be charged to the card we have on file, and all access to the logins needed for those accounts will be presented to you. After the initial set up it is your sole responsibility to contact those service providers to pay future bills, deactivate their auto-renewal function, or make any other changes to your subscription should you choose to do so.

2.6.1) Other Accounts – Bluehour may purchase licenses under Bluehour for group discounts on behalf of our clients. Some examples of these subscriptions include website plugins and custom software. These fees will be added to your monthly invoice as an expense for reimbursement.

General Conditions

You must read, agree with and accept all of the terms and conditions contained in these Terms of Service before you may become a Client of Bluehour.

3.1) Technical support and Service is only provided to paying Account holders and is only available via email, voice phone calls, or in person meetings via applicable office and/or account manager.

3.2) Bluehour will not alter the scope of work set out and agreed upon in the user contract without prior written approval from Client. All changes to Project Scope will be approved and billed to the Client in an appropriate and expedient manner and subject to the Standard Fee Payment Schedule as outlined in your contract.

3.3) Bluehour will work with all diligence to adhere to project schedules outlined in the proposal. The Client understands that they are responsible for providing timely feedback and schedules can and will be extended due to feedback. Client also understands and accepts that they are responsible for providing content and revisions in a timely manner. Bluehour is not liable for any schedule issues or delays that arise during project work and Services.

3.4) Marketing Services commence at project onset and agreement approval. Marketing Services are subject to the Standard Fee Payment Schedule as outlined in your contract.

3.5) Client agrees to the revision process outlined in their scope of work and their allocated revision hours. Launch of services and/or Final Payment is considered final acceptance of the services. You agree that any and all revisions and/or Services after Acceptance will be billed hourly at Bluehour’s hourly rate.

3.6) Client acknowledges that they are responsible for performing the following in a reasonable and timely manner: (a) provide content in a form suitable for development to Bluehour; (b) proofread all content and text provided.

3.7) All Technical Support and Support Services that exceed a total of 1 hour within a 30 day period are subject to our standard hourly rate, unless Scope of Service states otherwise.

3.8) All Emergent Work, defined as work Bluehour’s staff is required, at the direction of the Client, to perform outside of normal business hours or on Bluehour-observed holidays will be subject to a $350 fee for the first hour of work, plus $250 for every subsequent hour.  Minimum charge will be for one hour of work. Normal business hours are defined as Monday through Friday 9:00 AM – 5:00 PM Mountain Time Zone.

3.9) You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by Bluehour.

3.10) You shall not purchase search engine or other pay per click keywords (such as Google AdWords), or domain names that use Bluehour or Bluehour Digital Marketing trademarks and/or variations and misspellings thereof.

3.11) You understand that your Materials may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

3.12) Bluehour recommends, in conjunction with Google Compliance and best practices, the use of SSL Certificates. Bluehour is not responsible for clients’ refusal of service and installation of SSL Certificate for security, SEO Rankings, or other impacts that may occur.

3.13) Questions about the Terms of Service should be sent to [email protected]

Bluehour’s Rights

4.1) Bluehour reserves the right to modify or terminate the Service with written notice for the following reasons.

You’ve been or are involved in any illegal activity

You abuse any Bluehour employee, member, or officer in any way, including written or verbal abuse and threats of abuse or retribution

Non-payment of account, excluding any contractually agreed-to grace periods

You disrupt others’ use of the Bluehour Services

Or do damage to our business or reputation

4.2) Bluehour reserves the right to modify or terminate the Service with 30 days written notice for any reason..

4.3) We reserve the right to refuse service to anyone for any reason at any time.

4.4) We may, but have no obligation to, remove Materials and suspend or terminate Accounts if we determine in our sole discretion that the Materials uploaded or posted to your website, paid digital media, organic social media or any/all other marketing efforts violate our Terms of Service.

4.5) Bluehour does not pre-screen Materials given by you to us. In example, case studies, photos, videos, statistics, etc. It is in our sole discretion to refuse or remove any Materials from the Service that we determine breach the copyright of a third party..

4.6) We reserve the right to provide our services to your competitors and make no promise of exclusivity in any particular market segment. You further acknowledge and agree that Bluehour employees and contractors may also be Bluehour customers/clients/users and that they may compete with you, although they may not use your confidential information in doing so.

4.7) In the event of a dispute regarding Account ownership, we reserve the right to request documentation to determine or confirm Account ownership. Documentation may include, but is not limited to, a scanned copy of your business license, government-issued photo ID, the last four digits of the credit card on file, etc.

4.8) Bluehour retains the right to determine, in our sole judgment, rightful Account ownership and transfer an Account to the rightful owner. If we are unable to reasonably determine the rightful Account owner, Bluehour reserves the right to temporarily disable an Account until resolution has been determined between the disputing parties.

 

Limitation of Liability

5.1) You expressly understand and agree that Bluehour shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses resulting from the use of or inability to use the service.

5.2) In no event shall Bluehour or our suppliers be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with your paid digital media, organic or other marketing efforts, our services or these Terms of Service (however arising excluding gross negligence on Bluehour’s part). You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, Bluehour partners, officers, directors, agents, employees, and suppliers harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents it incorporates by reference, or your violation of any law or the rights of a third party.

5.3) Your use of the Service is at your sole risk. The Service is provided on an “as is” and “as available” basis without any warranty or condition, express, implied or statutory.

5.4) Bluehour does not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.

5.5) Bluehour does not warrant that the quality of any products, services, information, or other Materials purchased or obtained by you, the client,.

Waiver and Complete Agreement

6.1) The failure of Bluehour to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service and the documents it incorporates by reference constitute the entire agreement between you and Bluehour and govern your use of the Service, superseding any prior agreements between you and Bluehour (including, but not limited to, any prior versions of the Terms of Service).

Intellectual Property and Customer Content

7.1) We do not claim any intellectual property rights over the Materials you provide to the Bluehour service. All Materials you upload or send to us remain yours.

7.2) By uploading or sending Materials, you agree: (a) to allow other internet users to view the Materials you post publicly; (b) to allow Bluehour to store, and post publicly or display your Materials; and (c) that Bluehour can, at any time, review all the Materials submitted to its Service, although Bluehour is not obligated to do so.

7.3) You retain ownership over all Materials that you upload or send to Bluehour; however, you acknowledge that Materials may be made public at the discretion of Bluehour for use in marketing services, or any other Bluehour services as outlined in your Scope of Service. You are responsible for compliance of the Materials with any applicable laws or regulations.

7.4) We will not disclose your confidential information to third parties, except as required in the course of providing our services. Confidential information includes any Materials or information provided by you to us which is not publicly known. Confidential information does not include information that: (a) was in the public domain at the time we received it; (b) comes into the public domain after we received it through no fault of ours; (c) we received from someone other than you without breach of our or their confidentiality obligations; or (d) we are required by law to disclose.

7.5) Bluehour shall obtain releases, licenses, permits or other authorization to use copyrighted materials, photographs, art work or any other property or rights belonging to third parties obtained by Bluehour for use in performing services.

Payment of Fees

8.1) As a client/user/customer of Bluehour, you agree to pay the Fees applicable to your project and ongoing services and any other applicable fees, including but not limited to fees relating to the design, development, and maintenance of your marketing efforts, referred to as the “Fees”. You also agree to specific payment terms outlined in specific scopes of work outlined by Bluehour management.

8.2) Unless other payment terms have been contractually agreed to, you must keep a valid credit card on file with us to pay for all incurred and recurring Fees. Bluehour will charge applicable Fees to the credit card account that you authorize (“Authorized Card”), and Bluehour will continue to charge the Authorized Card (or any replacement card) for applicable Fees until the Services are terminated, and any and all outstanding Fees have been paid in full. Unless otherwise indicated, all Fees and other charges are in U.S. dollars, and all payments shall be in U.S. currency.

8.2.1) If your card is invalid and we are unable to charge it within 15 days of the invoice date, you will be charged a 5% late fee to cover the manpower, interest, and other costs Bluehour incurs by carrying overdue invoices.

8.2.2) If your card is invalid and we are unable to charge it, all work will be paused immediately and will not resume until payment has been made.

8.3) Users have approximately fifteen days to bring up and settle any issues with the billing of any Fees. After fifteen days Bluehour has the right to suspend any/all Services and terminate your account.

8.4) The Bluehour Service is billed in advance in accordance with our pricing schedule and all monthly payments are nonrefundable. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account. If you cancel, you will not receive a refund for any service already paid for.

Cancellation and Termination

9.1) You can stop using our Services at any time with written notice to your Account Manager. Once you submit your 30 day notice to leave we will bill you for the final month of activities. In example, if you choose to cancel your service with Bluehour on February 15th, you will already be billed for the month of February and will be billed the full agreed upon amount for the month of March. Your final day of service will be March 31st.

9.2) Without limitation, we may suspend or terminate your use if you are not complying with these Terms, or if you use the Services in any way that may cause us legal liability or disrupt others’ use of the Bluehour Services or damage to our business or reputation.

9.4) You acknowledge that if your access to the Service is suspended or terminated, you may no longer have access to Your Data that is stored with the Service. To cancel your account you should send a request to our support team by emailing your Account Manager directly or by emailing [email protected].

Modifications to the Service and Prices

10.1) We reserve the right to change our pricing at any time for hourly work above and beyond the scope of the contract signed. If, for any reason, a client is currently on a month-to-month contract, the price of the work can change at any time with 30 days written notice. Such notice may be provided at any time by email to the contact email address on file. 

10.2) Bluehour reserves the right at any time, and from time to time, to modify or discontinue, the Service (or any part thereof) with or without notice as outlined in detail in sections 4.1 and 4.2.

Third Party Services

11.1) In addition to these Terms of Service, you also agree to be bound by the additional service-specific terms applicable to services you purchase from, or that are provided by Bluehour partners or other third parties.

11.2) Bluehour may from time to time recommend, provide you with access to, or enable third party software, applications (“Apps”), products, services or website links (collectively, “Third Party Services”) for your consideration or use, including any/all third party themes, plugins, extensions, merchant providers, etc. Such Third Party Services are made available only as a convenience, and your purchase, access or use of any such Third Party Services is solely between you and the applicable third party services provider (“Third Party Provider”). Any use by you of Third Party Services offered through Bluehour is entirely at your own risk and discretion, and it is your responsibility to read the terms and conditions and/or privacy policies applicable to such Third Party Services before using them.

11.3) We do not provide any warranties with respect to Third Party Services. You acknowledge that Bluehour has no control over Third Party Services, and shall not be responsible or liable to anyone for such Third Party Services. The availability of Third Party Services, including the integration or enabling of such Third Party Services with the Services does not constitute or imply an endorsement, authorization, sponsorship, or affiliation by or with Bluehour.

11.4) Bluehour strongly recommends that you seek specialist advice before using or relying on Third Party Services, to ensure they will meet your needs.

11.5) If you install or enable a Third Party Service for use with the Services, you grant us permission to allow the applicable Third Party Provider to access your data and to take any other actions as required for the interoperation of the Third Party Service with the Services, and any exchange of data or other interaction between you and the Third Party Provider is solely between you and such Third Party Provider. Bluehour is not responsible for any disclosure, modification or deletion of your data or other Materials, or for any corresponding losses or damages you may suffer, as a result of access by a Third Party Service or a Third Party Provider to your data or other Materials. 

11.6) Under no circumstances shall Bluehour be liable for any direct, indirect, incidental, special, consequential, punitive, extraordinary, exemplary or other damages whatsoever, that result from any Third Party Services or your contractual relationship with any Third Party Provider, including any Expert. These limitations shall apply even if Bluehour has been advised of the possibility of such damages. The foregoing limitations shall apply to the fullest extent permitted by applicable law.

You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, Bluehour partners, officers, directors, agents, employees, and suppliers harmless from any claim or demand, including reasonable attorneys’ fees, arising out of your use of a Third Party Service or your relationship with a Third Party Provider.

Sharing Your Data And Your Privacy

12.1) Subject to the limited exceptions specified in our Privacy Policy, until you choose otherwise, all of Your Data remains visible only to you. However, the Services do allow you to share Your Data with others. If you choose to share Your Data, we cannot be responsible for what those other users do with Your Data, so please carefully consider what you share and with whom you share it.

We will maintain administrative, physical, and technical safeguards for protection of the security, confidentiality and integrity of Your Data as described in our Privacy Policy. We do not guarantee that Your Data will be free from loss, theft, misuse, or unauthorized access, disclosure, alteration or destruction. You acknowledge that it is your responsibility to use a secure encrypted connection if you wish to protect Your Data when you are transmitting it to us and to keep your own backup copies of Your Data. You are solely responsible for protecting your passwords, limiting access to your computers and devices, and signing out of the Bluehour Services when you are not using them.

 

DMCA Notice and Takedown Procedure

13.1) Bluehour supports the protection of intellectual property and asks Bluehour customers/clients/users to do the same. It’s our policy to respond to all notices of alleged copyright infringement. If someone believes that one of our clients/customers/users is infringing their intellectual property rights, they can send a DMCA Notice to Bluehour’s designated agent using our email [email protected] Upon receiving a DMCA Notice, we may remove or disable access to the Materials claimed to be a copyright infringement. Once provided with a notice of takedown, the customers/clients/users can reply with a counter notification using our form if they object to the complaint. The original complainant has 14 business days after we receive a counter notification to seek a court order restraining the customers/clients/users from engaging in the infringing activity, otherwise we restore the material.

General Data Protection Regulation (GDPR)

14.1) The European Union’s General Data Protection Regulation (GDPR) came into effect on May 25, 2018. The GDPR imposes new obligations and responsibilities on controllers and processors of data. As a Bluehour customer/client, you are the controller of your customers’/visitors’ data. This means that you collect your customers’ data and choose how it is handled. Additionally, though it is a European regulation, the GDPR might apply to your business if you make goods and services available in Europe, even if you or your business are not located in Europe. As a service provider, Bluehour follows your instructions on how to handle that data.

While Bluehour does what it can to set you up for success, there are also steps you will need to take on your own, and ultimately, compliance with the GDPR is the responsibility of each individual Bluehour customer/client/user. If you have legal questions specific to your obligations under the GDPR, then please consult with a local lawyer who is familiar with data protections laws.

Miscellaneous

This Agreement constitutes the entire agreement between Bluehour and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Bluehour , or by the posting by Bluehour of a revised version.

Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the state of Colorado, USA, excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and provisional courts located in Denver, Colorado. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Denver, Colorado, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees.

If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.

You may not assign your rights under this Agreement to any other party without Bluehour’s express written consent; Bluehour may assign its rights under this Agreement without condition. This Agreement will be binding upon and will insure to the benefit of the parties, their successors, and permitted assigns.