Terms of Use

 

The following sets forth the terms of the Agreement between you (the “User”) and Blue Pew, LLC (“Blue Pew”). It is important for you to read and understand the Agreement before registering and using Blue Pew services. By registering and using Blue Pew you are accepting the terms and conditions outlined below. If you do not understand any of the terms, please seek clarification or contact Blue Pew before registering. If you do not agree to any terms or upon clarification you still do not understand the terms or condition do not register with Blue Pew.


OVERVIEW

The purpose of Blue Pew is to provide a safe and secure web based application whereby a User can raise funds to benefit nonprofit organizations. Blue Pew will do its best to provide accurate information, a stable and user friendly web application, and a safe and secure experience however errors do happen. We will do our best to resolve any user issues that arise and we cannot be held liable for any inaccuracies and provide the software application as is with no guarantee or warrantee.


PRIVACY:

Blue Pew is committed to protecting your personal information and keeping this information confidential. In order for Blue Pew to provide its services, some information is exchanged with third parties. Please view our Privacy Policy for a complete description of how we protect and use your information. Blue Pew will never ask for information such as your social security number or credit card number.

 

WEB SITE USAGE AND CONTENT

THIRD PARTY INFORMATION:

While Blue Pew will do its best to provide accurate information and pricing, Blue Pew cannot be responsible for any product description or pricing inaccuracies. As this information is being provided by a third party, Blue Pew has no control over the content. If you are not satisfied with a product, you must return it to the vendor unused and within the time limit allotted by the vendor.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

Blue Pew does routinely check to see that this information is accurate and will review any complaint submitted by User. However, Blue Pew does not warrant any product information, description or price listing and cannot be held liable for any inaccuracies in the product description, performance claim or price listing. Any delivery issues should be addressed to the vendor from which the product was purchased. User should review the privacy and terms of use policies of any third party before making a purchase. Any purchase will constitute an acceptance of the terms and conditions of the vendor.  

RISK OF LOSS

Any loss of or damage to any product complaint on any product ordered through Blue Pew (“Blue Pew”) must be resolved between the User and the third party/vendor. Blue Pew is a referrer only and provides no products or merchandise. For this reason, Blue Pew cannot be held liable for any lost or damaged products. Please review shipping and risk of loss policies of the vendor from which you are purchasing the product for details. 

DUTY TO MONITOR

It is the goal of Blue Pew to provide correct and accurate information of any listing or other content posted and periodically, Blue Pew will review content on its website. Blue Pew reserves the right to and will remove any information it deems incorrect, misleading or in violation of this Agreement, however this does not guarantee that all content will be accurate at all times. Blue Pew is not responsible for failing to remove or any delay in removing any inaccurate content.


VENDOR SITES AND ADVERTISEMENTS

Blue Pew may have advertisements on their website promoting various products. Blue Pew will take precautions and will regularly review any material. Some sites or advertisements may contain material that is offensive or objectionable to some Users. Blue Pew does not endorse any third party promotions, sites, products or services. Blue Pew, will review any complaints pertaining to offensive or objectionable material. Blue Pew, at its sole discretion may decide on whether to keep or remove the offensive or objectionable material. If you do not agree with Bleu Pew’s decision, your sole recourse is to stop using the Blue Pew product or, in the event a vendor is providing offensive or objectionable products, to stop purchasing from said vendor.  

USE OF WEBSITE

User understands that Blue Pew is granting User a non-exclusive license to use this website and all of its software. The license granted allows for the User to use the site for its intended purpose only. User agrees that this site may not be used for other purposes and that the content and intellectual property belong to Blue Pew. User agrees to not reverse engineer or modify this content for User’s own use in any way. Blue Pew will have the right to terminate any User’s account without notice if User has used this site in any way other than intended purpose. Any financial or other gain received because of the unintended use will become the property of Blue Pew.


WEBSITE AND PROGRAM CHANGES

Blue Pew reserves the right to modify or terminate the software, website and program and credit system at any time. If modified, continued use by User will constitute acceptance of any changes made. Upon program termination, any User credit will automatically be sent to the User’s associated nonprofit organization.  

 

 

USER ACCOUNT

ACCOUNT

By registering you agree to use the account only in the ways described in this Agreement. An account with Blue Pew is to be used to for the benefit of a nonprofit organization only. The information, code, images and all other content and intellectual property belong to Blue Pew and are protected by copyright, patent or trademark law. Blue Pew may prosecute to the fullest extent for any and all violations of such laws. 


ACCOUNT USAGE

The purpose of this application is to allow you to make purchases and redeem cash rewards for a nonprofit organization of your choice through those purchases. You will earn credit by first visiting the Blue Pew website, logging in and then proceeding to third party sites and making a purchase.

USER ELIGIBILITY

A Blue Pew account is open to all persons 18 years or older. One account may be maintained by an organization; however the contact and registrant must be a person who is 18 years old or older. All purchases must be made by an adult 18 years or older. Any purchase made on behalf of an organization, will be deemed to have been made by the registrant. The registrant is responsible for all transactions made by said account.

ACCOUNT ACCESS AND PASSWORD

User is responsible for keeping their username and password private. Blue Pew does not keep track of passwords and will require you to verify account information before giving account names or resetting passwords. Blue Pew cannot be held liable for any damages as a result of a lost or stolen username and/or password.

 

IMPORTANT NOTICE REGARDING USER INFORMATION

From time to time, Blue Pew will send User important notices regarding changes to the Blue Pew program. Blue Pew will also contact a User regarding returned funds. Blue Pew communicates through email and therefore it is the User’s responsibility to maintain accurate and up to date contact information. Blue Pew cannot be held responsible for any electronic notices sent to invalid addresses provided by the User. Additionally, Blue Pew will never ask for personal information such as credit card number or social security number. Please view our Privacy Policy for a complete description of how we protect and use your information.

CREDIT FOR NONPROFIT ORGANIZATIONS

To benefit a religious or other nonprofit organization, an organization must be registered with Blue Pew and User must select the organization as the entity to receive credit for User’s purchases. All credit earned for purchases made by individuals or organizations will go to the associated nonprofit organization. If no nonprofit organization is affiliated with your account, proceeds will accumulate and at the end of a payment period, will be donated to a nonprofit organization of Blue Pew’s choice.

NONPROFIT ORGANIZATION ELIGIBILITY

Registration of nonprofit organizations is open to all organizations recognized as a religious or nonprofit organization by the IRS . If your organization is not listed with Blue Pew, please send an email to info@bluepew.com with the subject line “Add my Organization” and include your tax id or other documentation identifying your organization as a nonprofit organization. Please make sure to include the name, address and phone number of the organization along with the tax ID and other documentation.

IMPORTANT NOTICE REGARDING NONPROFIT ORGANIZATION INFORMATION

In order for your nonprofit organization to receive funds from your transactions, the nonprofit organization contact information must be correct. Please verify that the contact information is correct when registering and associating an account with a nonprofit organization. Nonprofit organizations may have the same or similar names or may have moved. It is the User’s responsibility to verify that the associated nonprofit organization is correct and accurate. Please double check the address associated with your associated organization. Blue Pew cannot be responsible for User mistakes in associating organizations or for funds sent to invalid addresses.

NONPROFIT ORGANIZATION REMOVAL

A nonprofit organization may request to be removed from Blue Pew’s database. Upon removal, the organization can no longer receive credit and Users will not be able to generate funds for the removed organization. Funds accumulated prior to removal will be sent to the removed nonprofit organization. If the nonprofit organization refuses funds, the funds will be returned to Blue Pew and Blue Pew, at its sole discretion will determine what to do with said funds. At no time will a User receive the funds generated for a nonprofit organization. If your organization would like to be removed from Blue Pew’s database and no longer receive funds, please send an email to info@bluepew.com with the subject line “Please remove my nonprofit organization”.

DISCLAIMER REGARDING ADDING OR REMOVING AN ORGANIZAITON

All organization registrations and deletions are subject to verification prior to listing or removal. Blue Pew will add or remove a nonprofit organization in a timely manner; however some delays can be expected. For this reason, Blue Pew cannot be held liable for any damages due to delays in adding or removing a nonprofit organization.

MEMBERSHIP BENEFITS


GENERATING CREDIT FOR YOUR ORGANIZATION

Users generate credit on purchases made through Blue Pew’s website for products from vendors associated with Blue Pew’s purchasing program. A list of associated vendors along with the amount of credit redeemable can be found here. Blue Pew cannot be held liable for any non-recorded purchase due to error on behalf of the User or vendor. Any dispute between the vendor and User must be reported to Blue Pew within ten (10) days of disagreement. Late reports may be considered, however what action, if any, by Blue Pew, will be made on a case by case basis. Blue Pew, at its sole discretion will determine whether or not a purchase should be credited. At no time, shall Blue Pew receive funds from a third party for a member’s purchase and determine that a member should not receive credit. It is the User’s responsibility to verify all transactions and that User is getting credit for any and all purchases. User is required to notify Blue Pew within thirty (30) days of any transaction that has not been credited to User’s account.

CREDIT EXCEPTIONS

Not all products are part of the purchase program. User will not receive credit for product purchases made from participating vendors which are exceptions to the program. Blue Pew tries to maintain accurate and up to date lists; however it is the Users responsibility to verify that an item will earn credit for its nonprofit organization. USER will not receive credit for any purchase that vendor declares as an exception and for which Blue Pew also does not receive credit. Blue Pew will work with User to resolve discrepancies and disagreements pertaining to credit exception purchases. Blue Pew, at its sole discretion will determine whether or not a User should earn credit for a purchase.

TAXES

User is fully responsible for understanding and complying with any and all local, state and federal taxes. User is responsible for understanding and abiding by all tax obligations. Blue Pew assumes no tax liability for any on any credit received by User. If the organization you registered with is not a 501c3 not for profit organization as recognized by the IRS, you may be liable for taxes on any credit received and any payments made to the nonprofit organizations. Any Blue Pew tax liability as a result of user purchases will be deducted from the amount paid to the nonprofit organization. To comply with any tax obligations, Blue Pew reserves the right to make tax adjustments after payments have been made.

CREDIT DISTRIBUTION

Any credit earned through this program will be paid to the associated nonprofit organization bi-annually. Payments will be sent during the first full week after June 1 and December 31 of each year. The June 1st payment will consist of all transactions made from November 1 of the previous year until March 31st of the payment year. The December 31st payment will consist of transactions between April 1st and October 31st of the payment year.  If credit generated is less than ten dollars ($10.00) no payment will be made. Any unpaid amount in the account will be carried over and be applied towards the amount for the next payment period.

 

PAYMENT DELAYS

Any delay by a vendor or any disputed transaction may cause a delay in User receiving funds. All transactions must be final before credit can be given for purchases.

 

GENERAL PROVISIONS

INTELLECTUAL PROPERTY

All patents, copyrights and trademarks found on the Blue Pew website are the property of Blue Pew, one of the third party vendors or advertisers. Any use of such property without the express written consent of the rightful owner may be a violation of state or Federal law. For questions or concerns regarding the use of such intellectual property or if you believe Blue Pew is using any intellectual property in an inappropriate manner, please send an email to info@bluepew.com and include “IP Question” in the subject line. 

INDEMNIFICATION

User agrees to indemnify, defend and hold Blue Pew and its owner’s and employees harmless for any liability, loss, claim or expense for your use of the Blue Pew website and its software and for your participation in the Blue Pew program. Additionally, you agree indemnify, defend and hold Blue Pew and its owner’s and employees harmless for any liability, loss, claim or expense for any violation of this Agreement caused by your actions.

MODIFICATION

This Agreement may be modified at any time for any reason with or without notice. It is the responsibility of the User to review this Agreement regularly to identify the changes. Continued use of the Blue Pew website and services will be confirmation that the User has agreed and consents to any and all changes.

SEVERABILITY

If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall nevertheless continue in full force without being impaired or invalidated in any way.

GOVERNING LAW

This Agreement, the validity, construction and performance, will be governed by the laws of Tennessee.

VENUE

Any dispute as a result of this Agreement shall be resolved in the Court of Memphis, Tennessee in Shelby County only.

NO WAIVER

Failure by Blue Pew to enforce any right under this Agreement will not constitute a waiver of that or any other or future enforcement of that right or any other right.

CONTACT INFORMATION

Please send all questions, comments and concerns to info@bluepew.com. If you do not receive feedback in a timely manner or do not receive a satisfactory response, please contact Oscar Adams via email at: Oscar@bluepew.com
The mailing address of Blue Pew is:
Blue Pew
551 Williamsburg Ln.,
Memphis, TN 38117