("Agreement"
or "User Agreement") is a contract between you and Blaze Mobile
Corporation “BMC” and applies to your use of the Blaze™ Mobile Service and any
related products and services (collectively, the "Service"). These
Terms of Service affect your rights and should be read carefully. In this Agreement,
"you" or "your" means any person or entity using the Service
("Users"). Unless otherwise stated, "BMC", "we"
or "our" will refer collectively to BMC and its subsidiaries,
affiliates, directors, officers, employees, agents and contractors.
By clicking "I Agree", "I Accept"; or by
submitting payment information through the Service you agree to the terms and
conditions of this Agreement, the BMC Privacy Policy, and any documents
incorporated by reference. Any rights not expressly granted herein are reserved
by BMC. This Agreement is subject to change by BMC without prior notice (unless
prior notice is required by law), by posting of the revised Agreement on the BMC
website. Descriptions of material amendments to this Agreement will be posted
in advance on the BMC website. You may review the current Agreement prior to
initiating a transaction at any time at our User Agreement page.
Unless otherwise specified, all references to a
"bank" in this Agreement include savings associations and credit
unions.
I. The Legal Relationship between You and BMC
By registering for the Service, you appoint BMC to
facilitate payments and manage loyalty programs on your behalf, subject to the
terms and restrictions of this Agreement. BMC will at all times verify and
authenticate your funds separate from its corporate funds, will not use your
funds for its operating expenses or any other corporate purposes, and will not
voluntarily make funds available to its creditors in the event of bankruptcy or
for any other purpose. You acknowledge that (i) BMC
is not a bank and the Service is a payment processing service rather than a
banking service, and (ii) BMC is not acting as a trustee, fiduciary or escrow
with respect to your funds, but is acting only as an agent and custodian.
By initiating payments through the Service, you appoint BMC
as your agent to obtain the funds on your behalf and to transfer the funds to
the retailer within the BMC network, subject to the terms and restrictions of
this Agreement. When you send a payment, until that payment is accepted by the
merchant (which may occur instantly), you remain the owner of those funds and BMC
holds those funds as your agent, but you will not be able to withdraw those
funds or send the funds to any other recipient unless the initial transaction
is cancelled.
Agent Relationship.
BMC acts as a facilitator to help you accept payments from
and make payments to third parties. We act as your agent based upon your
direction and your requests to use our services that require us to perform
tasks on your behalf. BMC acts as a payment service provider by creating,
hosting, maintaining and providing our service to you. We do not have any
control over the products or services that are paid for using our platform.
a. Agent Relationship to Buyers and Sellers.
We cannot ensure that a buyer or a seller you are dealing
with will actually complete the transaction. BMC will take reasonable steps to
help facilitate communication between parties to encourage satisfied buyers and
sellers. BMC however is not liable for any purchase, service, or program that
uses the BMC system. At any time you send funds to a third party you are doing
so at your own risk. We do not issue refunds if a product, service or
membership program turns out to not be what you thought it was, or if the
seller does not fulfill on commitments.
b. Agent Relationship for Payment Services.
By initiating and sending payments through BMC you appoint BMC
as your agent to obtain the funds on your behalf and to transfer the funds to
the recipient that you designate.
Identity Authentication.
We use many techniques to identify our Users when they
register at BMC. You authorize BMC, directly or through third parties, to make
any inquiries we consider necessary to validate your registration and verify
your identity. BMC is not liable for Users who provide false or misleading
information regarding their identity.
II. User Responsibilities
Eligibility.
In order to use the Service, you must register for a
personal account and register your mobile phone number. All users must be at
least 18 years of age.
Registration Information.
States that customers must provide accurate information, if
not provided BMC has right to terminate account.
You agree to provide true, accurate and complete
registration information and to maintain and promptly update your information
as applicable. You agree not to
impersonate any other person or use a name that you are not authorized to use.
If any information you provide is untrue, inaccurate, not current, or
incomplete, without limiting other remedies, BMC has the right to terminate
your use of the Service and BMC, its agents, suppliers, and subcontractors have
the right to recover from you any costs or losses incurred as a direct or
indirect result of the inaccurate or incomplete information. If any information
you provide is untrue, inaccurate, not current, or incomplete, without limiting
other remedies, financial processors have the right to require that BMC
terminate your account.
III. International Use.
To be eligible for an account, you must be a resident of the
Prohibited Transactions.
You agree that you will not use BMC for payment for illegal
products or services. You will not use the Service, the BMC website or any of
the services offered therein for any unlawful or fraudulent activity. If BMC
has reason to believe that you may be engaging in or have engaged in fraudulent, unlawful, or improper
activity, including without limitation any violation of any terms and
conditions of this Agreement, your access to the Service may be suspended or
terminated. If you use, or attempt to use the Service for purposes other than
sending and receiving payments and managing your account, including but not
limited to tampering, hacking, modifying or otherwise corrupting the security
or functionality of Service, your account will be terminated and you will be
subject to damages and other penalties, including criminal prosecution where
available. You will cooperate fully with BMC to investigate any suspected
unlawful, fraudulent or improper activity.
You agree not to impersonate a BMC User or a BMC
representative, or to request that a BMC customer provide you with their
password or other information to access their account.
Electronic Communications.
To the fullest extent permitted by applicable law, this
Agreement and any other agreements, notices or other communications regarding
your account and/or your use of the Service ("Communications"), may
be provided to you electronically and you agree to receive all Communications
from BMC in electronic form. Electronic Communications may be posted on the
pages within the BMC website and/or delivered to your e-mail address or mobile
device registered with BMC. You may print a copy of any Communications and
retain it for your records. All Communications in either electronic or paper
format will be considered to be in "writing," and to have been
received no later than five (5) business days after posting or dissemination,
whether or not you have received or retrieved the Communication. BMC reserves
the right but assumes no obligation to provide Communications in paper format.
Your consent to receive Communications electronically is valid until you revoke
your consent by notifying BMC of your decision to do so by contacting us or by
telephoning customer service. If you revoke your consent to receive
Communications electronically, BMC will terminate your right to use the
Service.
Correct E-mail.
You agree and warrant that you have access to the Internet
and to a current functional personal e-mail address. Although we will take
reasonable steps to contact you based on information that you have provided us,
BMC will not be liable for any undelivered e-mail communications or any costs
you incur for maintaining Internet access and an e-mail account. You have an
AFFIRMATIVE OBLIGATION to provide BMC with a correct and operational e-mail address,
and to notify BMC promptly as to any changes or cancellations of any and all
e-mail addresses you provide BMC.
Failure to provide BMC with a current, working, functional, personal
e-mail address, and/or failure to update BMC in a change or cancellation of
your e-mail address, or if BMC has reason to believe that either have occurred
may result in any or all of the following,
non-exclusively: (1) the removal or deactivation by BMC of a
non-functional e-mail address from your account; (2) the replacement of a secondary e-mail address as a new permanent
e-mail address associated with your account; (3) an alteration to your user
preferences regarding BMC e-mail
notifications; and/or (4) attempts by BMC to reach you personally by phone, fax
or postal mail. BMC reserves the right to take measures to ensure the integrity
of its contact directory, and expects that you, as a user, will cooperate and
keep your contact information current.
No Framing.
Because BMC members are warned never to enter their BMC account
password into any page whose URL does not begin with https://www.blaze*.com/,
the use of "framing," where a 3rd party site displays a portion of
the BMC website inside a webpage whose URL is not https://www.blaze*.com/, is
prohibited.
Passwords.
You may not reveal your account password(s) and personal
identification number (PIN) to anyone else, nor may you use anyone else's
password or PIN. BMC is not responsible
for losses incurred by Users as the result of their misuse of passwords or PINs.
Closing Your Account.
You may close your account at any time by contacting BMC
customer service. Pending transactions
will be completed prior to closing of account.
IV. Hacking.
If you use, or attempt to use the Service for purposes other
than making payments, clipping coupons and managing your account, including but
not limited to tampering, hacking, and modifying or otherwise corrupting the
security or functionality of Service, your account will be terminated and you
will be subject to damages and other penalties, including criminal prosecution
where available.
Assignability.
You may not transfer any rights or obligations you may have
under this Agreement without the prior written consent of BMC. BMC reserves the
right to transfer this Agreement or any right or obligation under this
Agreement without your consent.
Indemnification.
You agree to indemnify and hold BMC, its affiliates,
officers, directors and employees harmless from any claim, action, demand,
loss, or damages (including attorneys' fees) made or incurred by any third
party arising out of or relating to your use of the Service.
Choice of Law.
This Agreement is governed by and interpreted under the laws
of the state of
Arbitration.
Any controversy or claim arising out of or relating to this
Agreement or the provision of Services shall be settled by binding arbitration in
accordance with the commercial arbitration rules of the American Arbitration
Association. Any such controversy or claim shall be arbitrated on an individual
basis, and shall not be consolidated in any arbitration with any claim or
controversy of any other party.
Your
Information.
"Your Information" is defined as any information
you provide to us or other users in the registration, payment process, stores
or other features of our Service. Your information will not be sold or
distributed to any non-participating third parties.
V. Loyalty programs
The BMC network, in addition, to allowing members to use
their cell phones to make payments, also allows members to accumulate and receive
benefits, awards and discounts from each BMC merchant’s loyalty program(s). You
agree that the payments that you make within each BMC merchant will be tracked
and recorded in the BMC loyalty system (loyalty engine/computer servers) so
that you may be able to accrue points in order to reap the benefits and discounts of each respective BMC
merchant loyalty program. The information gathered on purchases is the sole
property of BMC and can be viewed by only the merchants for whom you have
transacted with. We take privacy very seriously and will not share this information
with anyone outside of BMC. For a review of our privacy policy terms, please
click on the privacy policy link on the BMC website.
We will manage the loyalty programs between you and the
merchants within the BMC network to provide accurate information. In doing so, we
will automatically award discounts and benefits with your payments should you
reach specific milestones with merchants’ loyalty programs.
We also reserve the right to share loyalty, payment
information tracked by BMC with 3rdParty vendors and Merchants, where you shop.
VI.Text
Messaging (SMS)
BMC customers may receive text messages on their mobile
phones upon opting into a loyalty, coupon, marketing, or other programs as
provided by BMC.
BMC members can opt out of messaging at any time by changing
their profile settings on the BMC website.
All standard charges/rates that are independent of BMC may
apply for receiving or sending a text message. Such charges may be applied by
third party vendors or delivery providers such as cell phone service providers
or premium content providers.
Processing.
BMC shall make reasonable efforts to ensure that requests
for electronic debits involving bank accounts, and check issuances are
processed in a timely manner. We make no representations or warranties
regarding the amount of time needed to complete processing, such as delays in the
banking system, nor shall we be liable for any actual or consequential damages
arising from any claim of delay.
Termination.
BMC, in its sole discretion, reserves the right to terminate
this Agreement, access to its website, or access to the Service for any reason
and at any time upon notice to you.
Trademarks.
Blazemobile.com, blazewallet.com, blazemovies.com,
blazerewards.com, BMC and all related logos, products and services described in
this website are either trademarks or registered trademarks of BMC Corp., or its licensors, and (aside from
the circumstances described in "Use of Logos" below) may not be
copied, imitated or used, in whole or in
part, without the prior written permission of BMC. In addition, all page
headers, custom graphics, button icons, and scripts are service marks,
trademarks, and/or trade dress of BMC and may not be copied, imitated, or used,
in whole or in part, without the prior written permission of BMC.
VII. Electronic Funds Transfer Rights and Error
Resolution
It is very important that you contact us at once if you
believe your user ID or password has been compromised or if someone has made any
payments or transferred or may transfer money from your account without your permission.
Under applicable banking regulations, the extent of your liability for an
unauthorized transaction is largely determined by your promptness in notifying
us or your bank if someone has gained access to your password, or if a transfer
or withdrawal in your monthly statement is incorrect or unauthorized. Notifying
us quickly limits your liability.
What you will need to subscribe to an account
To help the government fight the funding of terrorism and
money laundering activities, Federal law requires all financial institutions to
obtain, verify and record information that identifies each person who opens an
account. What this means to you, is when you open an account, you will be asked
to provide your name, a valid
This Enrollment Agreement ("Agreement") is made by
and between you or the "Enrollee" and Blaze Mobile Corp. "BMC"
and governs your enrollment in and use of the Blaze™ service(s)
("Service").
1. Acceptance of Terms
By enrolling in the Service and indicating your agreement to
these terms during the enrollment process, you are notifying us that you have
read, understand and agree to abide by the terms of this Agreement. You agree
that you are intending to form a legally binding contract between yourself and Blaze
Mobile. You and Blaze Mobile also agree that this Agreement constitutes a
writing signed by you under any applicable law or regulation. Any rights not expressly
granted herein are reserved by Blaze Mobile.
2. Enrollment Rules
You must be 18 or older in
order to enroll. A valid and functional e-mail address must be provided. Your
user ID and password should not be shared with anyone. You agree to (a) provide
true, accurate, current and complete information about yourself as prompted by
the Service’s enrollment form (such information being the "Enrollment
Data") and (b) maintain and promptly update the Enrollment Data to keep it
true, accurate, current and complete. If you provide any information that is
untrue, inaccurate, not current or incomplete, or if BLAZE MOBILE has
reasonable grounds to suspect that such data is untrue, inaccurate, not current
or incomplete, BMC has the right to suspend or terminate your account and
refuse any and all current or future use of the Service (or any portion
thereof). In enrolling in and using the Service, you agree to comply with all
applicable federal, state/provincial, and local laws, rules and regulations.
3. Enrollee Authorizations
By agreeing to this Agreement
you are authorizing BMC merchants ("Merchants") and BMC, its
affiliates and its subsidiaries to electronically debit or credit each account
enrolled, to verify your identity in order to cash a check, or deliver
age-verification, membership and loyalty information to Merchants. The
authorization to complete such transactions will remain in effect until you
terminate your Service.
If you enroll in Banking Services, you represent and warrant that you have
authority to make withdrawals from and otherwise bind your payment account. In
the event that your bank does not allow electronic transactions, you authorize BMC
to convert the electronic transaction data to a paper draft for presentment to
your bank. In the event that your bank denies the electronic transaction and
returns electronic payment to BMC, you authorize BMC to re-present the original
electronic transaction amount and to initiate a new transaction that will cover
any returned check fee or electronic transaction fee, as allowed by state law.
By accepting this Agreement you are authorizing BMC to access information from
third parties for the purpose of verifying your identity and to prevent fraud,
and, to authenticate information used to subscribe to the Service in accordance
with BMC’s privacy
and security policies.
By accepting this Agreement you are accept all
responsibility of BMC clicking through any notices on your behalf.
4. BMC Privacy Policy
BMC will securely store your personal information and will
not give or sell it to others for advertising or marketing purposes without
your consent. This Agreement and your submission of data through enrollment are
governed by our Privacy Policy.
Please review the Privacy Policy to learn more about how we hold or may use
your personal information.
5. Transfer and Closure of Accounts
The BMC Service account is non-transferable and any rights
to your BMC Identification credential (ID) or contents within your account
terminate upon your death. Upon receipt of a copy of a death certificate, your
account may be terminated and all contents therein permanently deleted. You may
close your account at any time by calling our customer service center at 1.877.232.5293.
6.
BMC’s Proprietary Rights
The Service, and any related software products or
documentation, are the property of BMC, its partners and/or content suppliers
and are protected by
7. Limitation of Liabilities
BMC WILL NOT BE LIABLE OR RESPONSIBLE FOR ANY DAMAGE OR
INJURY CAUSED BY YOUR USE OF THE SERVICE. BMC assumes no liability or
responsibility for any direct, incidental, consequential, indirect or punitive
damages or injuries related to your use of the Service even if BMC is negligent
and/or has been advised of the possibility of such damages.
8. Indemnification
You agree to defend, indemnify
and hold BMC and its affiliate companies, employees, directors, officers, agents
harmless from any and all losses, liabilities, claims, expenses, damage awards,
including, but not limited to attorneys' fees, that arise from or are related
to your use of the Service.
9. Termination
You agree that BMC, under
certain circumstances and without prior notice, may immediately terminate your
Service account and any associated access to the Service. Cause for such
termination shall include, but not be limited to, (a) breaches or violations of
Agreement or other incorporated agreements or guidelines, (b) requests by law
enforcement or other government agencies, (c) a request by you (self-initiated
account deletions), (d) discontinuance or material modification to the Service
(or any party thereof), (e) unexpected technical or security issues or
problems, and (f) extended periods of inactivity. Termination of your BMC
account includes (a) removal of access to all offerings within Service, (b)
deletion of your password and all related information, content, data associated
with or inside your account (or any party thereof), and (c) barring further use
of the Service. Further, you agree that all terminations for cause shall be
made in BMC’s sole discretion and that BMC shall not
be liable to you or any third-party for any termination of your account, or
your access to Service.
10. Warranties
THE BMC SERVICE IS PROVIDED "AS IS" WITHOUT ANY
WARRANTIES OR REPRESENTATIONS WHATEVER OF ANY KIND, WHETHER EXPRESSED OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. BMC HEREBY
DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SERVICE, INCLUDING
ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
11. No Third Party Beneficiaries
You agree that, except as
otherwise expressly provided in this Agreement, there shall be no third party
beneficiaries to this Agreement.
12. Notice
BMC may provide you with notices, including those regarding
changes to this Agreement by email, regular mail, or posting on the Site.
13. Miscellaneous
Entire
Agreement. This Agreement constitutes the entire agreement between you
and BMC governing your use of the Service, and super cedes any prior agreements
between you and BMC relating to that subject matter. You also may be subject to
additional terms and conditions such as our website terms and
conditions that may apply when you generally browse and interact with BMC’s website, use or subscribe certain other BMC services,
affiliate services, third-party content or third-party software if it is
applicable.
Choice of Law and Forum. This Agreement is governed
and interpreted under the laws of the State of
Waiver and Severability of Terms. The failure of BMC
to exercise or enforce any right or provision of this Agreement shall not
constitute a waiver of such right or provision. If any provision of this
Agreement is found by a court of competent jurisdiction to be invalid, the
parties nevertheless agree that the court should endeavor to give effect to the
parties’ intentions as reflected in the provision, and the other provisions of
this Agreement remain in full force and effect.
Survival of Claims. You agree that regardless
of any statute or law to the contrary, any claim or cause of action arising out
of or related to use of the Service must be filed within one year after such
claim or cause of action arose or be forever barred.
14. Disclaimer
Balances and other data reflect the most recent refresh and
may not be accurate if a refresh was not successfully completed or the
information obtained during the refresh from the financial institution or other
service provider is otherwise not accurate or current.
Data, information and any calculations based on such data or
information are provided for informational purposes only, and are not intended
for trading or transactional purposes.
BMC shall not be liable for any errors or delays in the
content, information, data, calculations, and advice users may receive relative
thereto or for any actions taken in reliance thereon. The trading,
transactional, and or other services, which users may link to through this
page, are services of the listed financial institutions and other service
providers.
BMC provides links to selected financial institutions and
other service providers for your convenience only. BMC is not a registered
broker-dealer or financial advisor and does not endorse or recommend the
services any financial institution or advisor. The financial institution,
advisor or other service provider you select is solely responsible for its
services to you, the user. BMC shall not be liable for any damages or costs of
any type arising out of or in any way connected with your use of the services
of any financial institution, advisor, or other service provider.
THIS SOFTWARE IS PROVIDED BY Blaze Mobile ``AS IS'' AND ANY EXPRESS OR IMPLIED WARRANTIES,
INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND
FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE AUTHOR
OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT
OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS
INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN
CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING
IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY
OF SUCH DAMAGE."
15. Compliance with Laws
You shall comply with all applicable laws, statutes,
ordinances and regulations regarding your use of the Service and posting and
retrieval of information (including without limitation those governing export
control, unfair competition, antitrust, and false advertising). You are
responsible for paying all applicable fees and taxes you incur to buy products
and services or access our servers. You acknowledge that BMC has an express
policy of complying with all applicable laws, including but not limited to
United States antitrust laws, and that the operation of the Site is not
intended to facilitate collusion or other illegal agreements among competitors.
To further that end, you represent and warrant to us that you do not intend to
use the Site to violate the antitrust laws and will not knowingly act as a
conduit or intermediary for price-fixing or any other anti-competitive
activities and other unfair trade practices.
16 Non Compete
You hereby agree not to directly or indirectly compete with
the business of BMC and its successor.
The term "not compete" as used herein shall mean that you shall not
own, manage, operate, consult or to be employee in a business substantially
similar to or competitive with the present business of BMC or such other
business activity in which BMC may substantially engage.
You acknowledge that BMC shall or may in reliance of this agreement provide you
access to trade secrets, customers and other confidential data and good will. You
agree to retain said information as confidential and not to use said
information on his or her won behalf or disclose same to any third party.
This agreement shall be binding upon and inure to the benefit of the parties,
their successors, assigns, and personal representatives.
17 Non Disclosures
You shall not disclose information conveyed regarding this
product and service, unless in conformity with this agreement, and shall
protect the same from disclosure with reasonable diligence.
As to all information which BMC claims is confidential, you
shall reduce the same to writing prior to disclosure and shall conspicuously
mark the same as "confidential," "not to be disclosed" or
with other clear indication of its status. If the information which BMC is
disclosing is not in written form, for example, a machine or device shall be
required prior to or at the same time that the disclosure is made to provide
written notice of the secrecy claimed by.
You agree upon reasonable notice to return the confidential tangible
material provided by it by upon reasonable request.
The obligation of non-disclosure shall terminate when if any
of the following occurs:
(a) The
confidential information becomes known to the public without the fault of you,
or;
(b) The
information is disclosed publicly by BMC, or;
(c) A
period of 60 months passes from the disclosure, or;
(d) The
information loses its status as confidential through no fault of you.
In any event, the obligation of non-disclosure shall not
apply to information which was known to prior to the execution of this
agreement.
Effective as of June 1, 2008.
Maintaining the privacy of your information is of the highest importance to BMC.
Consistent with our professional and personal values, BMC has adopted the
following privacy policy. This policy describes how we collect, use and share personally
identifiable information ("PII") we obtain from and about
individuals, both online and off-line.
NOTIFICATION OF CHANGES
BMC may revise this policy from time to time. If we make material changes to
this policy that change the way we collect or use your PII, we will notify you
by email or by means of a notice displayed on the BMC websites at http://www.blazewallet.com,
http://www.blazemovies.com,
http://www.blazerewards.com,
etc.
COLLECTION OF YOUR INFORMATION
BMC collects your personally identifiable information ("PII") in
order to safely and securely deliver our services to you. This
information may include: name, address, email address, government-issued photo
ID, payment card and checking account information, social security number (for
check-writing or check-cashing purposes), loyalty account information and
information about your transactions and use of various products and services.
When we collect PII from you it is because you are voluntarily submitting the
information to us when you: (1) complete the voluntary enrollment process
either online or at a participating retailer; (2) enter membership, frequent
shopper, reward or other loyalty account information in your Blaze Service; (3)
process a transaction via the BMC service; or (4) participate in a contest or
survey.
When you sign up for BMC services at a participating retailer, you are
providing PII to that retailer as well as to BMC.
COOKIES
A cookie is a small text file that is stored on your
computer for record-keeping purposes. We use cookies to help you navigate the BMC
website and to understand how you use the site.
You can remove and/or reject cookies by following the directions provided in
your Internet browser's "help" file. However, if you reject BMC's cookies completely, you may be required to reenter
your password more frequently during a session and you may be unable to
access certain features on the BMC site.
This privacy statement covers the use of cookies by BMC only.
LOG FILES
As is true of most websites, we gather certain
information automatically and store it in log files for purposes of fraud
detection. This information includes Internet Protocol (IP) addresses, browser
type, referring/exit pages, operating system, date/time
stamp and clickstream data. We may link the automatically
collected data to PII for security and trouble-shooting purposes.
USES OF THE INFORMATION YOU PROVIDE TO US
BMC will use the personally identifiable information ("PII") you
provide in a manner that is consistent with this policy. BMC may use PII in an
aggregate, anonymous form for research purposes and to facilitate improvement
of our products and services.
BMC may use your PII to safely and securely process your transactions, to
facilitate your use of programs and services provided on your behalf by BMC, to
respond to your inquiries and to provide you with information about programs or
services that we believe will be of interest to you. We may use your PII to
contact you if any issues arise that could impact our ability to provide you BMC’s services, including during enrollment or during the
processing of a transaction.
BMC will not rent, sell, license, or lend your PII to third parties for
advertising or marketing purposes without your consent. We may share your PII
with third parties in order to process your transactions, but they are
prohibited from using it for any other purpose. For example, we will provide
your loyalty account information only to the individual retailer or
organization that is the creator of the loyalty program in which you have
enrolled, as part of normal program administration.
Your PII information will be used primarily for providing BMC services. In some
cases, BMC may provide PII information to vendor partners who have entered into
confidentiality agreements with BMC. These companies use such information to
develop, test, modify and improve the performance of their service / products as
related to BMC services.
There may also be instances when BMC may contact you or share your PII with
third parties without providing you a choice in order to protect the safety and
security of BMC members, to protect against fraud or to comply with the law.
NOTICE
When you voluntarily provide personally identifiable information
("PII") to BMC , we will make a reasonable effort to inform you about
who is collecting the information, how and why the information is being
collected and the types of uses BMC will make of the information.
YOUR CHOICES
You can choose whether or not you want to receive product and marketing
materials from BMC or from third parties when you enroll online at http://www.blazewallet.com. You can change your
product and marketing preferences at any time by updating your profile online.
BMC reserves the right to contact you for purposes of ensuring the security and
proper operation of your account.
SECURITY OF YOUR INFORMATION
BMC understands the importance of protecting the information that you have
entrusted to us. To protect your information, we employ industry-leading
information security standards and safeguards, physical controls and security
procedures. We enforce strict security policies to ensure that only those who
are properly authenticated and authorized have access to your data and we limit
this access to that information which is required in order to fulfill your
requests or provide BMC with a specific service.
Information Use
BMC may share your account and identity information with
companies that we contract with to privately and securely verify your identity,
process your payments, and prevent fraudulent use of our services. We will not
sell or rent your personally identifiable account, identity or transaction
information or a list of our customers to any third parties. However, we may
provide aggregated data about the usage of our services to third-parties for
such purposes as we deem, in our sole discretion, to be appropriate.
Legal Disclaimer
It is possible that we may be required by law to disclose
account, identity, and/or transaction information. We will disclose such
information wherein we have a good-faith belief that it is necessary to comply
with a court order or other legal process served on our company or to exercise
our legal rights or to defend against legal claims.
Security
BMC sets a very high priority on protecting your account,
identity and transaction information. We employ leading information security
standards and safeguards, physical controls and security procedures. We enforce
strict security policies to insure that only those properly authorized have
access to your data and then only on a limited need-to-know basis.
All communications between you and the BMC website, while
logged in, are protected through secure socket layer (SSL) encryption. In
addition, all account and identity information can only be accessed by
providing your mobile phone number and password. Payment can only be performed
with the possession of your mobile phone and the entering of your PIN.
ACCESSING AND UPDATING YOUR PII
You can log into "My Wallet" on the BMC website
at any time to manage the profile and payment options in your Service. During
normal business hours, you may update or correct your information. You are
responsible for managing your own financial and relationship account
information with the relevant account issuing bodies (e.g., banks, merchants,
clubs, card associations, etc.) and keeping your account information current in
your Service. BMC will not modify your account information without your
permission, except in the case of correcting an obvious error (such as your zip
code).
If you need additional assistance, you can send us an email at support@blazemobile.com,
support@blazewallet.com,
support@blazemovies.com,
or call customer service toll-free at 1.877.232.5293. Customer Service
representatives are available 24 hours a day, seven days a week and will
respond to your inquiry.
WHOM TO CONTACT WITH PRIVACY CONCERNS
If you have questions or concerns regarding this statement, please email us at support@blazemobile.com, or call us at1.877.232.5293.
Blaze Mobile
Attn: Customer Support
Welcome to the BMC website ("Site"). Your access
to and use of the Site is subject to these Terms and Conditions, the BMC Privacy Policy and Copyright Policy, and all
applicable laws. Please do not use this site if you do not agree to these terms
and conditions. By accessing and browsing the Site, you accept, without
limitation and qualification, the Terms and Conditions as they are written
here. These Terms and Conditions refer to the Company as "BMC” and to you
as "you" or "the User."
Any use of the communications or materials contained in the Site, except as
provided in the Terms and Conditions or with the express prior written approval
of BMC, is strictly prohibited.
General Guidelines
You may not post or transmit to the Site any unlawful, threatening, libelous,
defamatory, obscene, scandalous, inflammatory, pornographic, or profane
material or any material that could constitute or encourage conduct that would
be considered a criminal offense, give rise to civil liability, or otherwise
violate any law. BMC may fully cooperate with law enforcement authorities or
court order(s) requesting or directing BMC to disclose the identity of anyone
posting any such information or materials. BMC assumes no responsibility or
liability arising from Users' postings or transmissions, from information or
content on the Site, or from any error, defamation, libel, slander, omission,
falsehood, obscenity, pornography, profanity, or inaccuracy contained in any
such postings, transmissions, information or content.
Damages or Injuries
BMC WILL NOT BE LIABLE OR RESPONSIBLE FOR ANY DAMAGE OR INJURY CAUSED BY
YOUR USE OF THE SITE. BMC assumes no liability or responsibility for any
direct, incidental, consequential, indirect or punitive damages or injuries,
including but not limited to errors, omissions, typographical errors, delays in
transmission, mistakes, interruptions, deletion of files, and delays in
operation, a User's reliance on or use of any information, service or
merchandise provided on or through the Site, or any failure of performance
caused by or arising out of use of or access to any content or information
contained in the Site, the content of any site, or sites hyper-linked to the
Site, even if BMC is negligent and/or has been advised of the possibility of
such damages.
Indemnification
You agree to defend, indemnify and hold harmless BMC and its affiliate
companies, employees, directors, officers, agents, material or communication
providers, and Internet Service Providers and other 3rdParty partners and
vendors from any and all losses,
liabilities, claims, expenses, damage awards, including, but not limited to
attorneys' fees, that arise from any claim action, demand, by use of, or in
connection with your posting or transmission of any content to the Site or any
communication you send to BMC via the Site.
Use of Materials and Communications
Any communication or material you transmit to the Site by electronic mail or
otherwise, including any data, questions, comments, suggestions or the like is,
and will be treated as, non-confidential and nonproprietary. Anything you
transmit or post becomes the property of BMC or its affiliates and may be used
for any purpose, including, but not limited to, reproduction, disclosure,
transmission, publication, broadcast and posting. Furthermore, BMC is free to
use any ideas, concepts, know-how, or techniques contained in any communication
you send to the Site for any purpose whatever including, but not limited to,
developing, manufacturing, selling and marketing products using such
information.
Hyper-Links
The Site may link to sites not maintained or related to BMC. Hyper-links are
provided as a service to users and are not sponsored by or affiliated with the
Site or BMC. BMC has not reviewed any or all of the sites hyper-linked to or
from the Site and is not responsible for the content of any other sites or for
any information, service, merchandise or hyper-links provided on or through
such other sites. The links to other sites are to be accessed at the User's own
risk. BMC makes no representations or warranties about the content,
completeness, or accuracy of these links or the sites hyper-linked to the Site,
and does not implicitly endorse third party sites hyper-linked to the Site.
Warranties
The information and materials contained on the Site
are intended solely for your personal use. By entering and interacting with the
Site, Users acknowledge and agree to hold BMC and its affiliates harmless and
that your reliance on any information or content on the site is at your sole
risk. BMC makes no representations or warranties about the completeness or
accuracy of the Site's content or the information or other material found on or
in the Site. BMC does not purport to review the accuracy of information and
other materials available on the Site. Users of the Site should take
appropriate precautions to verify all such information. BMC cannot be held
liable for typographical errors, layout error or misinformation, omissions,
technical inaccuracies or other errors contained in the Site. BMC does not
warrant that the materials or communications found in the Site will be
available or will function properly at all times.
THE MATERIALS, SERVICES, AND INFORMATION IN THE SITE ARE PROVIDED "AS
IS" WITHOUT ANY WARRANTIES OR REPRESENTATIONS WHATEVER OF ANY KIND,
WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
BMC’s PRODUCTS AND SERVICES ARE WARRANTED, IF AT ALL,
ONLY ACCORDING TO THE TERMS OF A WRITTEN AGREEMENT BETWEEN BMC AND THE
PURCHASER OF ITS PRODUCTS. EXCEPT AS WARRANTED IN SUCH WRITTEN AGREEMENTS, BMC HEREBY
DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THEIR PRODUCTS,
INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR
A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
Miscellaneous
The Terms and Conditions set forth in the Site are governed and interpreted
under the laws of the State of
The Terms and Conditions set forth the entire understanding and agreement (the
"Agreement") between BMC and Users of the Site with respect to the
Site and any materials, communications, transmissions, or posting to the Site.
You also may be subject to additional terms and conditions such as our
Enrollment Terms and Conditions that may apply to you when you subscribe to our
Online Enrollment. BMC reserves the right to revise the Terms and Conditions at
any time by updating this posting. Users are bound by any such revisions, and
should periodically read and review the Terms and Conditions. Either BMC or the
User may terminate this Agreement at any time. The User may terminate this
agreement by destroying all documentation and materials obtained from the Site.
BMC may terminate this agreement without any notice, for any reason whatever.
BMC employs
leading-edge technologies, standards, and business practices to protect your
data.
Key components of
our security include:
·
Data
and Password Encryption
·
Network
Intrusion Detection Systems
·
Physical
Security Measures
·
Rigorous
Audits and Inspections
BMC is recognized
as a VeriSign Secure Site. Click on the lock icon in
your browser's status bar to learn more.
Data and
Password Encryption
Password and
account data are stored and transmitted in encrypted format at all times. All
data is securely housed in an Internet server hosting space that provides
enhanced physical security, fire protection and electronic shielding.
Network Intrusion
Detection Systems
Network-based IDS
(intrusion detection system) provides 24x7 network monitoring and alerts
security personnel to any external attacks on the network.
Physical
Security Measures
BMC has retained
the most secure environment available at a third-party site. Security personnel
monitor the system 7 days a week, 24 hours a day. Access to servers requires
multiple levels of authentication, including biometrics (hand print scan)
procedures.
Rigorous
Audits and Inspections
The security
infrastructure is regularly audited and inspected by industry-leading third
party auditors and security experts.