BLUMONT TERMS AND CONDITIONS

Last updated: December 1, 2021

Contents:

• Intellectual Property Ownership
• Limited Use; Restrictions on Use
• Social Media Sites and Third Party Links
• Disclaimers
• Warranties; Limitation of Liability
• Ability to Accept Terms and Conditions
• Assignment
• Notice
• Binding Arbitration 
• Miscellaneous

Thank you for visiting the Blumont website or mobile application on which these Terms and Conditions reside (collectively, the “Platform”), which is owned and provided by Blumont, Inc. (including its affiliates, “Blumont”).  Your use and access of the Platform is governed by and subject to the following Terms and Conditions.  If you do not agree to these terms, or if you do not agree with our Privacy Policy, please do not use the Platform or any services offered by the Platform.  BY ENTERING ACCESSING, BROWSING, SUBMITTING INFORMATION TO, OR OTHERWISE USING THIS WEBSITE, YOU ACKNOWLEDGE AND AGREE TO THE FOLLOWING TERMS AND CONDITIONS, INCLUDING BINDING ARBITRATION AND WAIVER OF A RIGHT TO JURY TRIAL, AND YOU REPRESENT AND WARRANT THAT YOU ARE EIGHTEEN (18) YEARS OLD OR OLDER.  IF YOU DO NOT AGREE TO THESE TERMS OR YOU ARE YOUNGER THAN EIGHTEEN (18) YEARS OLD, DO NOT USE THIS WEBSITE.

Intellectual Property Ownership

— Unless otherwise noted, all text, content, and documents on the Platform, any names, logos, trademarks, service marks, brand identities, characters, trade names, graphics, designs, copyrights, trade dress, or other intellectual property appearing in the Platform, and the organization, compilation, look and feel, illustrations, artwork, videos, music, software and other works on the Platform (the “Content”) are owned by Blumont (or its affiliates) or used with permission or under license from a third party (hereinafter collectively referred to as the “Owner”) and are protected under copyright, trademark and other intellectual property and proprietary rights laws.  As between Blumont and you, all right, title and interest in and to the Content will at all times remain with Blumont and/or its Owners. All brand names, product names, titles, slogans, logos, or service names, and other marks used on the Platform, are registered and/or common law trade names, trademarks, or service marks of Blumont.

Limited Use; Restrictions on Use

— You are permitted to use the Content and/or any services and products on the Platform for lawful purposes as provided in the Terms and Conditions only; any other use or misuse of any Content is strictly prohibited.  Blumont grants you a non-exclusive, limited, personal, non-transferable, revocable, license to access and use the Content, without right to sublicense, under the following conditions: you shall not, without Blumont’s express written consent: (a) copy, retransmit, modify, disseminate, display, perform, reuse, re-post, broadcast, circulate, or otherwise distribute the Content, or modify or re-use all or part of the Content, (b) use any tradename, trademark, or brand name of Blumont in metatags, keywords and/or hidden text, (c) create derivative works from the Content or commercially exploit the Content, in whole or in part, in any way, and (d) use the Platform, the Content, and/or any portion thereof, in any manner that may give a false or misleading impression, attribution or statement as to Blumont, the Owner, or any third party referenced therein.  Blumont reserves all other rights.  You shall not alter, remove or obscure any copyright notice, digital watermarks, proprietary legends or any other notice included in the Content.  Except as expressly provided herein, nothing on the Platform shall be construed as conferring any license under Blumont’s and/or its Owner’s intellectual property rights, whether by estoppel, implication, or otherwise.  Notwithstanding anything herein to the contrary, Blumont may revoke any of the foregoing rights and/or your access to the Platform, or any part thereof, including the blocking of your IP Address, at any time without prior notice.

Social Media Sites and Third-Party Links

— From time to time, the Platform may include features and functionality that allow you to interact with other sites that are not under our control (“Linked Site”), including various social media websites (“Social Media Sites”).  Blumont provides these features, functionality, and links to you only as a convenience and does not endorse any Linked Sites or Social Media Sites. Blumont is not responsible for the contents or transmission of any Linked Site or Social Media Site or for the terms of use or privacy practices of any Linked Site of Social Media Site.  You should carefully read the policies of any site you visit.  Also, in the event that you use any Social Media Site to comment upon Blumont or any of its products, you agree that you will always clearly and conspicuously disclose any material connection you have with Blumont (if any) or any consideration you may receive from Blumont in connection with your comment (if any).  Under no circumstances are you authorized to make any claim regarding Blumont or any of its products on any Social Media Site regardless of any material connection you may have with Blumont or your receipt of any consideration.  IF YOU MAKE ANY CLAIM REGARDING BLUMONT OR ANY OF BLUMONT’S PRODUCTS ON A SOCIAL MEDIA SITE IN VIOLATION OF THE FOREGOING, YOU, AND NOT BLUMONT, SHALL BE THE SOLE AUTHOR OF SUCH CLAIM AND SHALL BE SOLELY LIABLE THEREFORE.

Disclaimers

— Blumont reserves the right to change any part of the Platform at any time without notice, subject to the “NOTICE” provision set forth below.

Warranties, Limitation of Liability — THIS PLATFORM IS PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS. NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THOSE OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE MADE WITH RESPECT TO THIS PLATFORM OR ANY INFORMATION OR SOFTWARE THEREIN. Neither Blumont, its affiliates, nor any of their respective officers, directors, agents or other representatives will be liable for any damages, direct, indirect, incidental, consequential, special, or punitive, including, without limitation, loss of data, income, profit or goodwill, loss of or damage to property and claims of third parties arising out of your access to or use of (or inability to use) the Platform, or arising out of any action taken in response to or as a result of any Content or other information available on the Platform, however caused, whether based on breach of contract, tort, proprietary rights infringement, product liability or otherwise—except in the event Blumont fails to take reasonable security precautions as described in our Privacy Policy or is otherwise negligent.  The foregoing shall apply even if Blumont was advised of the possibility of such damages.  SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES; AS A RESULT, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU, AND THE FOREGOING PARAGRAPH SHALL NOT APPLY TO A RESIDENT OF NEW JERSEY TO THE EXTENT DAMAGES TO SUCH NEW JERSEY RESIDENT ARE THE RESULT OF OUR NEGLIGENT OR RECKLESS ACTS.  If you become dissatisfied in any way with the Platform Terms and Conditions or Privacy Policy, your sole and exclusive remedy is to stop your use of the Platform and its services.  You hereby waive any and all claims against Blumont and its affiliates, agents, representatives, and licensors arising out of your use of the Platform—except in the event Blumont fails to take reasonable security precautions as described in our Privacy Policy or is otherwise negligent.

Ability to Accept Terms and Conditions

— You affirm that you are more than 18 years of age and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in the Terms and Conditions, and to abide by and comply with the Terms and Conditions.

Assignment

— The Terms and Conditions, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Blumont without restriction.

Notice

— From time to time, we may revise these Terms and Conditions.  To help you stay current of any changes, Blumont may take one or more of the following steps: (1) Blumont notes the date the Terms and Conditions was last updated above, and (2) when Blumont makes a material change to the Terms and Conditions, we may post conspicuous announcements of such changes on the Platform next to the link to these Terms and Conditions.  Your use of the Platform following the posting of any revised Terms and Conditions shall be deemed acceptance of the revised Terms and Conditions.  Blumont strongly recommends checking the Terms and Conditions periodically.  If we are required by law to obtain your express consent for any changes to the Terms and Conditions, then we will make a commercially reasonable attempt to obtain your consent before implementing such revisions.

Binding Arbitration

– Any controversy or claim arising out of your use of the Platform, these Terms and Conditions, and/or our Privacy Policy shall be settled by binding arbitration before the American Arbitration Association, in a location determined by the arbitrator as set forth herein (provided that such location is reasonably convenient for claimant), or at such other location as may be mutually agreed upon by the parties, in accordance with the procedural rules for commercial disputes set forth in the American Arbitration Association’s Rules then prevailing, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitrator shall be selected pursuant to the American Arbitration Association’s Rules and Procedures. Please go to www.adr.org/Rules to see a complete copy of the American Arbitration Association’s Rules and Procedures or to submit a claim for arbitration.

In resolving a claim for arbitration, the arbitrator shall apply Virginia law consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized at law. In the event that you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, we will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. If any part of this arbitration provision is deemed to be invalid, unenforceable, or illegal (other than that claims will not be arbitrated on a class or representative basis), or otherwise conflicts with the rules and procedures established by the American Arbitration Association, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, the portion that is deemed invalid, unenforceable or illegal is that claims will not be arbitrated on a class, representative, or collective basis, or as a private attorney general on behalf of other persons similarly situated, then the entirety of this arbitration provision shall be null and void, and neither you nor we shall be entitled to arbitrate the dispute. Upon filing a demand for arbitration, all parties to such arbitration shall have the right of discovery, which discovery shall be completed within sixty days after the demand for arbitration is made, unless further extended by mutual agreement of the parties. Disputes regarding the arbitrability of any claim shall be resolved by the arbitrator.

THE ARBITRATION OF DISPUTES PURSUANT TO THIS PARAGRAPH SHALL BE IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. YOU MAY NOT BRING ANY CLAIM AS A PRIVATE ATTORNEY GENERAL ON BEHALF OF OTHER SIMILARLY SITUATED PERSONS.  THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED. 

BY AGREEING TO THE ARBITRATION OF DISPUTES AS SET FORTH HEREIN, YOU AGREE THAT YOU ARE WAIVING YOUR RIGHT TO A JURY TRIAL AND LIMITING YOUR RIGHT TO APPEAL. DO NOT USE THIS SITE IF YOU DO NOT AGREE TO THE FOREGOING BINDING ARBITRATION PROVISIONS.

Miscellaneous

— Blumont’s failure to enforce any provision of the Terms and Conditions shall not be deemed a waiver of such provision nor of the right to enforce such provision.  A printed version of the Terms and Conditions and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

PRIVACY & COOKIES POLICY

Your privacy and the security and confidentiality of your data is very important to us. You’ve placed your trust in us by using our services. We value that trust. We are committed to protecting and safeguarding any personal data that you give us. We want you to understand how we use your data and your rights regarding that data.

This website is owned and operated by Blumont, Inc. (“Blumont”). This Privacy & Cookies Policy explains how we collect, use, share, and process personal data through the Blumont website, the Blumont mobile site, and any other online communications and interfaces (the “site”).

Please read the Privacy & Cookies policy below to learn about our practices. By visiting the site, you acknowledge that you have read and understand the practices described in this policy. 

Summary of key issues

1. Our Collection of Your Personal Data

In order to provide you with our world-wide relief and development programs, we must collect personally identifiable information (“Personal Data”). We may collect the following categories of Personal Data you provide to us while you are using the site:

Identifiers:

• Name
• Address
• Phone number
• Email address
• Organization / Employer
• Country of Residence; and
• IP address

Commercial Information:

• Credit card number and payment information

Internet or other electronic network activity information:

• IP address
• Device information
• Web log information

Geolocation Data:

• General device location as provided by IP address

In addition, we may receive certain categories of Personal Data listed above from sources other than you, specifically from the following categories of sources:

• Our affiliates, subsidiaries, or business partners; and
• Third party data providers.

2. Protecting Your Personal Data

Protecting your Personal Data is a top priority at Blumont. We employ technical, administrative, and physical safeguards that are designed to prevent unauthorized access, maintain data accuracy, and to ensure correct use of Personal Data. If you have reason to believe that your interaction with us is no longer secure, please contact us immediately as detailed in the “Contact Us” section of this Privacy & Cookies Policy.

3. Use of Your Personal Data

We specify below the business and commercial purposes for which we use Personal Data. We use Personal Data to provide you with services, to build features that will make the services easier to use, engage in transactions with you, and to contact you. This includes a faster website experience, better user support, timely notice of new services, and more relevant content.  We may also use Personal Data for our business purposes, such as data analysis, audits, protecting our Sites, and improving our services. 

Our legal basis to use your data, where one is required to be provided by applicable law, is as follows:

• as necessary to perform a transaction; 
• as necessary to comply with a legal obligation (such as record keeping to substantiate our compliance with law); 
• where you have provided consent as appropriate under applicable law; and 
• necessary for legitimate interests such as marketing that you have not previously objected to receiving.

In general, you need to provide the Personal Data in order to enter into a transaction with us, for us to provide you with certain services, and as may be required for our compliance purposes in connection with such transactions, except in instances when we indicate that certain information is voluntary. Not providing Personal Data may prevent us from providing you with requested information and carrying out transactions. However, you can always exercise control over our use of Personal Data for direct marketing (click here for details) and you can control the use of cookies on our site (click here for details).

We also use your Personal Data as described in the “Sharing Your Personal Data” section below.

4. Sharing Your Personal Data

Blumont only shares your Personal Data as disclosed in this Privacy & Cookies Policy or as otherwise authorized by you.

Sharing your Personal Data for business purposes: We may share your Personal Data that we collect with the categories of recipients below for our business purposes:

Suppliers: We may share your Personal Data with service providers or other involved third parties. 

Companies within Our Corporate Family: We share your information with our affiliates and subsidiaries in the U.S. and worldwide, including Blumont International, Blumont Global Development, and Blumont Engineering Solutions. We may share your information with our group companies for the following reasons:

• To provide you with integrated services (including to administer, manage, and implement program services);
• To provide personalized offers or send you marketing communications with your consent or as otherwise permitted by applicable law;
• To provide user support services;
• To detect, prevent, and investigate fraud and misuse of our services, other illegal activities, and data breaches;
• To analyze how users use our platforms, including so that we may improve existing services and develop new features and services that may be of interest to our users; and
• To ensure compliance with applicable law.

To learn more about your choices related to how we share your information with our group companies Blumont International, Blumont Global Development, and Blumont Engineering Solutions (including our subsidiaries, our parent company, and its other subsidiaries), please see the How You Can Access or Change Your Personal Data and Your Data Subject Rights section below.

Business Partners: In order to provide you with certain services, we may share your Personal Data with our business partners, or require that you transact directly with a business partner. When you provide Personal Data in connection with these types of services, you are providing such Personal Data to those business partners, which hold such Personal Data on our behalf. Our contracts with our business partners offering these services require them to maintain such Personal Data in accordance with this Privacy & Cookies Policy. 

Blumont’s Agents and Vendors: Many of the operations we perform require us to hire other companies to help us. Examples of such operations include sending and delivering postal mail and email, analyzing data we collect, marketing our services, handling credit card transactions, and providing customer service. While the companies we engage have access to Personal Data to perform their functions, they may not use it for other purposes. Blumont requires these vendors to enter into confidentiality agreements and to agree to act in a manner consistent with the relevant principles articulated in this Privacy & Cookies Policy. This Privacy & Cookies Policy governs the collection and use of your Personal Data even though you are on a third-party website. In these instances, you will always know whose Privacy & Cookies Policy governs the collection and use of your Personal Data by clicking on the Privacy & Cookies Policy link provided.

Future Business Transfers: Our business is constantly changing. As part of that process, Blumont may sell or buy other companies, and Personal Data may be transferred as part of these transactions. It is also possible that Blumont, or substantially all of its assets, may be acquired by another company, whether by merger, sale of assets, or otherwise, and Personal Data may be transferred as part of such a transaction. In such cases, the acquiring company would be required to honor the privacy promises in this Privacy & Cookies Policy or obtain your consent to any material changes to how your Personal Data will be handled.

Compliance with Law and Other Disclosures: Blumont reserves the right to release Personal Data in order to comply with applicable law or to comply with a judicial proceeding, court order, or legal process served on us: We may also release Personal Data to enforce or apply Terms and Conditions applicable to the services, to protect us or others against fraudulent or inappropriate activities, or to otherwise protect the rights, property or safety of Blumont, our affiliated companies, our customers, or others. 

Sharing your Personal Data for other purposes: As described below in the section on Our Policy on Cookies and Other Tracking Technologies we may share internet or other electronic network activity information about you, as well as general geolocation data based on IP address, with third-party cookie providers we use on our Sites which may use this data for purposes other than strictly operational purposes. In certain jurisdictions, such sharing may be considered a “sale” of your Personal Data and you may have the right under applicable law to opt-out of or object to such sharing

5. Your Choices Regarding Our Collection and Use of Your Data for Marketing and Other Purposes

As explained above, you may choose not to provide us with Personal Data; however, doing so may prevent us from providing you with requested information and carrying out transactions.

You have control regarding our use of your Personal Data for direct marketing. If you would prefer not to receive notices of special savings or promotions, or other marketing materials or offers, you may simply opt-out from receiving them by using the unsubscribe hyperlink provided in any communication or contacting us here, where required by law, we ask for your prior consent for such directing marketing. Please note that even if you opt-out of receiving marketing communications from us, we may need to send you service-related communications.

6. Our Policy on Cookies and Other Tracking Technologies

Cookies and similar tracking technologies, such as beacons, scripts, and tags, are small bits of code, usually stored on a user’s computer hard drive or device, which enable a website to “personalize” itself for each user by remembering information about the user’s visit to the website.

The site uses cookies to store your preferences, display content based upon what you view to personalize your visit, analyze trends, administer the site, track users’ movements around the site, serve targeted advertising and gather demographic information about our user base as a whole. On mobile websites and mobile apps, we may use Anonymous Device IDs and/or Advertiser Identifiers in a manner similar to our use of cookies on our websites. Although these activities involve developing an understanding of you as a user, we use this information for the purposes described. Given the nature of our site and services, and the limited amount of Personal Data we obtain about you, this activity does not produce legal effects for you nor otherwise does it significantly affect you. More detailed information about our use of cookies and how to opt-out of advertising and certain other cookies is provided below.

Blumont Cookies (First Party Cookies): We use our cookies to improve your web-browsing experience. For example, we use a cookie to reduce the time it takes for you to submit purchase requests by storing a registered user’s email address so that you do not need to enter your email address each time that you log-in. We will also use a cookie to keep track of your search criteria while you are engaging Blumont’s services. Blumont cookies are associated with your Personal Data. However, no third party may use the information we collect through Blumont cookies for their own purposes.

Third Party Cookies: We may work with third parties that place cookies on our site, specifically:

• Analytics/Measurement: We may use third-party analytics cookies to gain insight into how our visitors use the site and optimize and improve our site. The data we gather includes which web pages you have viewed, which referring/exit pages you have entered and arrived from, which platform type you have used, date and time stamp information, and details such as the number of clicks you make on a given page, your mouse movements and scrolling activity, the search words you use and the text you type while using our site. We also make use of analytics cookies as part of our online advertising campaigns to learn how users interact with our site after they have been shown an online advertisement, which may include advertisements on third-party websites.

Controlling Cookies: You have a choice over the use of cookies as described in this Privacy & Cookies Policy. Our site is not currently configured to respond to Do Not Track signals. If you would rather we do not use Blumont cookies when you visit us, please configure your specific browser settings to reject cookies.

Please keep in mind that without cookies you may not have access to certain features on the site, including access to your profile or account and certain personalized content. Removing all cookies from your computer could also affect your subsequent visits to certain web sites, including this site, by requiring that, for example, you enter your login name when you return to that website.

7. How You Can Access or Change Your Personal Data and Your Data Subject Rights

Blumont understands that you may want to change, access, or delete your Personal Data. You may do so by contacting us at info@blumont.org. To protect your privacy and security, we will need to verify your identity before acting on a request. In most circumstances, we will then answer your request within 30 days of verification. 

Depending on the jurisdiction where you reside, you may have specific rights under local legislation to: (i) request access to your Personal Data; (ii) request rectification of your Personal Data; (iii) request erasure of your Personal Data; (iv) request restriction of processing of your Personal Data; (v) request data portability; and (vi) object to the processing of your Personal Data, including opting out of certain sharing of your Personal Data or processing of your Personal Data for marketing purposes. Please see the “Contact Us” section of this Privacy & Cookies Policy if you have questions or would like to exercise such rights. You may also have the right to lodge a complaint with a supervisory authority. Please note that, in order to provide appropriate security to your information, we may require additional data points or information from you in order to verify your identity prior to completing certain requests related to your Personal Data (e.g., requiring the matching of two or three data points provided by you with information maintained by Blumont).

In addition, we will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.

8. Cross-Border Data Transfer

Our site is operated in the United States. If you are located outside the US, your Personal Data will be transferred to the US, a jurisdiction that may not provide an equivalent level of protection as your home jurisdiction. The cross-border transfer to the US is necessary for the conclusion or performance of your transaction, and/or for the establishment, exercise, and defense of legal claims. To the extent permitted by local law, your use of the site or provision of any Personal Data constitutes your consent to the cross-border transfer of Personal Data and the other activities identified in this Privacy & Cookies Policy.

9. Children

You must be 18 years or older to use the site.

10. Links to Other Websites and Third Party Services

Our site may contain links to other websites or services that are not owned or controlled by us. This Privacy & Cookies Policy only applies to information collected by our site. We have no control over these third-party websites, and your use of third-party websites and features are subject to privacy policies posted on those websites. We are not responsible or liable for the privacy or business practices of any third-party websites linked to our site or third-party social media feature or functionality offered on our site, such as Facebook, Google Plus, Twitter, and YouTube. Your use of third parties’ websites linked to our sites is at your own risk, so we encourage you to read the privacy policies of any linked third-party websites when you leave one of our sites, or utilize a third party social media feature or functionality available on our site.

11. California Residents – Your California Privacy Rights

Pursuant to the California Consumer Privacy Act (“CCPA”), California residents may have the right to access their Personal Data or request deletion of their Personal Data, to the extent the CCPA applies to the entity processing their Personal Data.  To exercise any of these rights, where applicable, contact us at info@blumont.org. Please note that we do not engage in the “sale” of Personal Data as defined by the CCPA. To protect your privacy and security, we will need to verify your identity before acting on a request.

12. Changes to the Privacy & Cookies Policy

Blumont may revise this Privacy & Cookies Policy to reflect changes in the law, our Personal Data collection and use practices, the features of our site, or advancements in technology. If we make any material changes we will notify you by email (sent to the email address specified in your account) or through a prominent notice on the site prior to the change becoming effective.

13. How to Contact Us

Should you have any questions, or to exercise your rights as detailed above, please contact us at info@blumont.org or by postal mail at 1777 North Kent Street, Suite 300, Arlington, VA 22209.

Thank you for visiting our site.

©2022, Blumont, Inc.