Terms & Conditions
Welcome to the Blue Trunk Foundation, Inc. website. Please read these Terms and Conditions (“Terms”) carefully. The Blue Trunk Foundation website is only intended to provide one source of information about and opinions of traveling and/or accessibility; it is not intended for any other purpose.
Last Updated on September 20, 2019. By visiting and staying on Blue Trunk Foundation’s websites, https://www.bluetrunk.org/ and http://www.bluetrunk.ngo/, and mobile applications (“Site”) or registering accounts on or after September 5, 2019, Users agree to be bound by the following Terms. The User agrees to enter into a legally binding contract with Blue Trunk Foundation, Inc., a Wisconsin 501(c)(3) corporation headquartered in Madison, Wisconsin (“Blue Trunk”). Do not access or use Blue Trunk if you are unwilling or unable to be bound by the Terms.
A. Parties. A “User” is someone who accesses or in any way uses the Site.
B. Content. “Content” refers to all text, images, photos, audio, video, location data, and other forms of data communication. “User Content” means content that Users submit to, through, or in connection with the Site, such as ratings, reviews, photos, and blog posts that are publicly displayed on the Site. “Blue Trunk Content” means Content that Blue Trunk creates and makes available in connection with the Site. “Third Party Content” means Content that originates from parties other than Blue Trunk or its Users, which is made available in connection with the Site. “Site Content” means all of the content that is made available in connection with the Site, including User Content, Third Party Content, and Blue Trunk Content.
3. CHANGES TO TERMS & CONDITIONS
Over time, Blue Trunk may change or otherwise modify the Terms. The most current version of the Terms will be located https://bluetrunk.org/terms-conditions. Blue Trunk will note the date that revisions were last made to the Terms at the top of this page. Users’ access to or use of the Site is governed by the Terms effective at the time of access to or use of the Site. If Blue Trunk makes substantial changes to these Terms, Blue Trunk will notify Users by posting notice on the Site prior to the effective date of change. By continuing to use the site after such changes are made, you signify acceptance of the updated or modified terms. In order to stay up-to-date on the Terms, return to this page often.
4. USING THE BLUE TRUNK SITE
A. Eligibility. Users have the requisite power and authority to adhere to the restrictions laid out in these Terms.
B. Use of Service. Use of the Site is at Users’ own risk; Blue Trunk is not responsible for possible exposure to Content of an offensive, indecent, inaccurate, incomplete or otherwise inappropriate nature. If Blue Trunk closes a User’s account or otherwise bans the User from the Site, the User may not create a new account.
C. Service Availability. The Site may be modified, updated, interrupted, suspended or discontinued at any time without liability.
E. Users on Behalf of Businesses. Users may register on the Site on behalf of businesses (“Business User”). Business Users shall provide information about their organizations’ accessibility features and agree to be included in the Blue Trunk database, which can be accessed by other Users. Blue Trunk is not liable to any business or Business Users for any complaints, grievances, loss of business, civil or criminal actions, or otherwise adverse responses stemming from any accessibility information provided to Blue Trunk, or from other Users’ comments, photos, or other Content posted about a business. Business Users represent and Warrant that:
a. The Business User has the authority to act on behalf of the business or businesses associated with the Business User’s account and bind any such business to these Terms;
b. The Business User’s business complies with applicable laws and does not offer or advertise illegal products and/or services for lease or sale;
c. The Business User agrees that Blue Trunk may contact the User using the contact information the User provides, makes publicly available, or that Blue Trunk has on record for the User’s business;
d. The Business User will not, and will not authorize any other party, to:
i. Offer incentives of any kind, such as discounts, refunds, gifts, offers, freebies, or deals in exchange for the posting of comments for the User’s business, or to prevent or remove comments;
ii. Solicit or ask for comments from the Business User’s customers;
iii. Misrepresent the Business User’s identity or affiliation to anyone in connection with Blue Trunk. Business Users are bound to the above clause as well as all Terms, including Clauses 5 and 10.
F. Prohibited Activities. Users agree not to:
a. Modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products, or services obtained from or through this website;
b. Use any form of robot, scraper, or other automated or manual means to access, monitor, or copy any Content from this website without Blue Trunk’s express written consent;
c. Perform any actions on the Site that constitutes, or may constitute, in our view, an unreasonably large demand on the Site’s infrastructure;
d. Copy, “frame,” “mirror,” or otherwise plagiarize any part of the Site without Blue Trunk’s express written consent; and
e. Translate, modify, alter, reverse engineer, or deconstruct any software program or code associated with the Site.
A. Responsibility for User Content. Blue Trunk’s Site allows Users to post, link, store, share and otherwise make available certain Content. Once published, the User holds sole responsibility for any Content shared. The User accepts the associated risks of sharing Content, such as another User’s reliance on the Content’s accuracy, or any distribution of the User’s own personal identifying information. The User agrees that the User’s posted Content is not intentionally misleading, unlawful, trademarked, immoral, or in violation of any other applicable laws. The User also agrees that any information the User makes available on the website is true and complete to the best of the User’s abilities. By submitting Content, the User confirms that the User owns or has the required permissions to share and authorize the use of the Content. User Content is in no way sponsored or endorsed by Blue Trunk and does not necessarily reflect Blue Trunk’s opinions or values. Blue Trunk reserves the right to remove any User Content at any time without notice or reason. Blue Trunk will remove any User Content that it deems inappropriate, disrespectful, slanderous, or otherwise unacceptable. However, Blue Trunk is not under any legal obligation to screen or edit Content submitted to the Site.
B. Blue Trunk’s Right to User Content. Blue Trunk reserves the right to use, copy, publicly perform and display, reproduce, distribute, modify, translate, remove, analyze, commercialize, and prepare derivative works of User Content. User Content for various purposes after you submit it to the site. We may publicly display it, distribute it, reformat it, use it in an advertisement, create derivative works from it, use your submitted name in association with it, and allow others to do so in connection with their own websites and platforms. By submitting Content to the site, Users hereby irrevocably grant Blue Trunk world-wide, perpetual, non-exclusive, royalty-free, assignable, sublicensable, transferable rights to use User Content for any purpose. The User hereby consents that Blue Trunk may use any such Content or likeness on its website or in its written material without notice or for any compensation. The User also irrevocably grants the Users of the Site the right to access Your Content. Finally, Users irrevocably waive, against Blue Trunk and its Users, any claims and assertions of moral rights or attribution with respect to posted Content. These rights persist even after the User’s account is closed.
C. Ownership. Blue Trunk owns Blue Trunk Content, including but not limited to visual interfaces, interactive features, graphics, design, computer code, and all other elements and components of the Site, excluding Third Party Content. Except as expressly and unambiguously provided herein, Blue Trunk does not grant Users any express or implied rights, and all rights in and to the Site and the Blue Trunk Content are retained by Blue Trunk.
Blue Trunk may publicly display advertisements in conjunction with User Content. The User is in no way entitled to compensation from these advertisement placements nearby or in association with the User’s Content. Blue Trunk reserves the right to display any advertisements it deems fit alongside User Content without the User’s input. The manner, mode and extent of such advertising are subject to change without specific notice to the User.
7. LINKS TO EXTERNAL WEBSITES
The Site may contain links to third-party websites or services that are not owned or controlled by Blue Trunk. Blue Trunk has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. Blue Trunk shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such websites or services. Blue Trunk does not necessarily endorse any linked sites or linked content.
8. YOUR AGREEMENT TO PROTECT US
A. Indemnification. By contributing or accessing Content on Blue Trunk, the User agrees to indemnify and hold Blue Trunk, its directors, officers, officials, employees, volunteers and agents harmless from the User against any claim, cause of action, injuries, damages, expenses, losses or demands, including—without limitation—reasonable attorney fees and costs, arising out of, or in any way connected with the User’s breach of these Terms or the agreements made part of these Terms by reference, negligence, misrepresentation. Blue Trunk shall not be liable, in contract or tort, for any special, indirect, consequential, or liquidated damages including specifically, but without limitation, loss of profit or revenue, loss of capital, loss of goodwill, or any claim of third parties.
B. Intellectual Property. By submitting Content, including photos, videos, or other Content to Blue Trunk, the User agrees to defend, indemnify and hold Blue Trunk and its directors, officers, officials, employees, contractors, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits including reasonable attorney fees and costs, arising out of violation of trademark, intellectual property rights or copy right law, including errors or omissions in supplying material for Blue Trunk to use on its website or otherwise unless such action was due to the sole causal negligence of Blue Trunk.
C. Digital Millennium Copyright Act. If you are a copyright owner and believe that any Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing Blue Trunk’s Copyright Agent with the following information in writing:
a. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
b. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
c. Identification of the material that is claimed to be infringed or to be the subject of infringing activity and that is to be removed and information reasonably sufficient to permit Blue Trunk to locate the material;
d. Information reasonably sufficient to permit the service provider to contact you;
e. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
f. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
You may direct copyright infringement notification to Blue Trunk’s DMCA Agent, Rupa Valdez, at 2 E Mifflin Street, Suite 200, Madison, WI 53703 or at firstname.lastname@example.org.
Thank you for taking the time to provide input; Blue Trunk continues to seek new ways to improve its service. In sending Blue Trunk any feedback, including ideas, suggestions, documents or proposals, the User certifies that the feedback does not belong to a third party, nor does it contain third parties’ confidential information. When sending feedback, the User agrees that:
A. Blue Trunk is not required to maintain confidentiality in regard to the User’s feedback;
B. Blue Trunk may already be working on something similar to the User’s feedback;
C. The User will not receive any credit or compensation, monetary or otherwise, for ideas contained in the feedback;
D. Blue Trunk has no obligation to review, consider, or implement the feedback;
E. The User waives all ownership and intellectual property rights to the feedback; and
F. The User grants Blue Trunk irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, prepare derivative works, publish, distribute, and sublicense the Feedback.
10. DISCLAIMERS AND LIMITATIONS OF LIABILITY
PLEASE READ THIS SECTION CAREFULLY. THIS SECTION LIMITS THE LIABILITY OF BLUE TRUNK TO YOU CONCERNING ISSUES RELATED TO YOUR USE OF OUR SITE. BY ACCESSING OR USING BLUE TRUNK’S SERVICE, YOU REPRESENT THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO THESE TERMS, INCLUDING THIS SECTION. IF YOU DO NOT UNDERSTAND THIS OR ANY OTHER SECTION OF THESE TERMS, PLEASE CONSULT A LAWYER FOR CLARIFICATION BEFORE ACCESSING OR USING THIS WEBSITE.
A. Blue Trunk may not monitor, control, or vet user content or third-party content—use of the site is at the User’s own discretion and risk. The information, content, software, products, and services published on this website may include inaccuracies, omissions or errors. Blue Trunk does not guarantee the quality, completeness, reliability or accuracy of, and disclaims all liability for, any errors, omissions or inaccuracies relating to the information displayed on our site. In addition, Blue Trunk expressly reserves the right to correct any inaccuracies, omissions, or errors on the Site. Blue Trunk is not liable to the User for any personal injury, loss or damage that might arise from the User’s reliance on the quality, accuracy, or reliability of the business and accommodation listings or other content made available on the Site.
B. Blue Trunk makes no representations about the suitability of the information, software, products, and services contained on this website for any purpose, and the inclusion or presentation of any products, services, or amenities on this website does not constitute any endorsement or recommendation of such products, services, or amenities by Blue Trunk. All such information, software, products, amenities, and services are provided “as is,” “with all faults,” and “as available” without warranty. Blue Trunk does not guarantee that this website, its servers or any email sent from Blue Trunk, are free of viruses or other harmful components. Blue Trunk further disclaims all warranties and conditions with regard to this information, software, products, amenities and services, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title, and noninfringement. No oral or written information or advice provided to you by a representative of Blue Trunk shall create a representation or warranty.
C. Blue Trunk makes no claims or promises with respect to any third-party, such as the businesses or advertisers listed on the Site. The third-party suppliers of content are independent contractors or volunteers and not agents or employees of Blue Trunk. Blue Trunk is not liable for the acts, errors, omissions, representations, warranties, breaches or negligence of any such suppliers or for any personal injuries, death, property damage, or other damages or expenses resulting therefrom. For example, Blue Trunk is not liable if another user or business misuses your content or personal information, or if you have a negative experience with a business or advertiser listed on the site.
D. The User’s sole and exclusive right and remedy in case of dissatisfaction with the site, related services, or any other grievance shall be your discontinuation of access to or use of the Site. If Blue Trunk is found liable for any loss or damage that arises out of or is in any way connected with your use of our sites or services, then Blue Trunk’s liabilities will in no event exceed, in the aggregate one-hundred dollars (US $100.00).
E. Blue Trunk disclaims liability for any (i) indirect, special, incidental, punitive, exemplary, reliance, or consequential damages, (ii) loss of profits, (iii) business interruption, (iv) reputational harm, or (v) loss of information or data.
F. The limitation of liability reflects the distribution of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these Terms is found to have failed of its essential purpose. If any provision of these Terms is or becomes invalid under any applicable law, the rest of the Terms shall remain in full force and effect. The limitations of liability provided in these Terms inure to the benefit of the Blue Trunk foundation.
This Agreement shall be governed by, and construed in accordance with, the laws of the State of Wisconsin, without regard to its conflict of law provisions. Users and Blue Trunk agree to submit to the exclusive jurisdiction of the courts located within the State of Wisconsin to resolve any dispute arising out of this Agreement or use of the Website.
If you have any questions about these Terms, please contact us.
Phone (Call or Text): (434) 218-2296