Blendedd Inc. Terms Of Use

RELATIONSHIP


Welcome to Blendedd! Please read these Terms of Use ("Terms") carefully as you agree that you consent to these Terms by your use of the https://blendedd.com/ website ("Site"), mobile application, Blendedd Software and/or the Blendedd Service (the "Services").

By accessing and using the Services, you as the user ("user" or "you") and any agent, employee, attorney or third party acting on your behalf agree to become bound by these Terms. If otherwise you do not agree with the Terms, then you may not access the Services.


TERM AND SERVICES


Term

This agreement remains in full force and effect whilst you use the Services. Blendedd may terminate your account at any time and for any reason. If you wish to terminate your account, you may simply discontinue using the Service and close your account. All provisions of the Terms shall survive termination by either party, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.


Services

The Services constitute a technology platform that enables you to rent items and purchase services from third party providers. The Services may be made available or accessed in connection with third-party property, services and general advertising material that Blendedd does not control. Blendedd does not endorse such third party services, property or content and in no event shall Blendedd be responsible or liable for any services, property or content of such third party providers.

YOU ACKNOWLEDGE THAT BLENDEDD DOES NOT PROVIDE ITEMS FOR RENT OR SERVICES. BLENDEDD’S SERVICES MAY BE USED BY YOU TO RENT AND PURCHASE SERVICES FROM THIRD PARTY PROVIDERS, BUT YOU AGREE THAT BLENDEDD HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY RENTAL OR THIRD PARTY SERVICE PROVIDED TO YOU BY A THIRD PARTY THROUGH THE USE OF THE BLENDEDD SERVICES OTHER THAN AS EXPRESSLY SET FORTH IN THESE TERMS.

BLENDEDD DOES NOT GUARANTEE THE SUITABILITY, SAFETY, QUALITY OR ABILITY OF ANY THIRD PARTY PROVIDER WHETHER THROUGH A RENTAL ITEM OR A SERVICE. IT IS SOLELY YOUR RESPONSIBILITY TO DETERMINE IF A THIRD PARTY PROVIDER WILL MEET YOUR NEEDS AND EXPECTATIONS. FURTHERMORE, YOU ACKNOWLEDGE THAT YOU MAY BE EXPOSED TO SITUATIONS INVOLVING THIRD PARTY PROVIDERS THAT ARE POTENTIALLY DANGEROUS OR OTHERWISE OBJECTIONABLE, AND THAT USE OF THIRD PARTY PROVIDERS USING THE BLENDEDD SERVICES IS AT YOUR OWN RISK AND JUDGMENT. BLENDEDD SHALL NOT HAVE ANY LIABILITY ARISING FROM OR IN ANY WAY RELATED TO YOUR TRANSACTIONS OR RELATIONSHIP WITH THIRD PARTY PROVIDERS.


USE OF THE SERVICES


Subject to your compliance with these Terms, Blendedd grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferrable license to access and use the Services in accordance with these Terms. We reserve the right to refuse service, terminate accounts, and remove or edit content in our sole discretion. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.


Eligibility


The Services are intended only for access and use by individuals at least eighteen (18) years old. By accessing or using any of the Services, you warrant and represent that you are at least eighteen (18) years old and with the full authority, right, and capacity to enter into this Agreement and abide by all of the terms and conditions of this Agreement. If you are not at least eighteen (18) years old, you are prohibited from both the access and usage of the Services.


Users Outside the US


Blendedd is controlled and operated from the United States and is subject to its laws. If you choose to access Blendedd outside of the United States, you do so at your own risk and are responsible for complying with all applicable laws, rules and regulations.


Registration


To use the Services you must complete the account registration with current, complete, and accurate information as prompted. You are solely responsible for maintaining the confidentiality of your account password and information, as well as any and all activities that occur under your account. Blendedd must be immediately notified of any unauthorized use of your account and any other such security breach. Blendedd will not be liable for any loss that may occur as a result of someone else using your account or password, with or without your knowledge.


Compliance with Applicable Law


If you choose to use this Site to rent your property or to offer services, it is your sole responsibility to ensure you have the necessary permits, licenses, and credentials, and follow all applicable laws necessary to use the Services for financial gain. Users are encouraged to speak to a business attorney or alternative professional to ensure the items they are offering and the services they are providing are not running afoul of any local, state or federal law.


Ownership of Posting


Blendedd may, in Blendedd’s sole discretion, permit you to submit, upload, publish or otherwise make available through the Services textual and/or visual content and information relating to your rental items or services as well as your feedback of another user’s rental item or service (“User Content”). Failure to follow the posting guidelines as described within these Terms may result in immediate suspension or termination of your account.

Any User Content provided by you remains your property. However, by providing User Content to Blendedd, you grant Blended a worldwide, perpetual, irrevocable, transferrable, royalty-free license, with the right to sublicense, use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the Services and Blendedd’s business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.

You represent and warrant that: (i) you either are the sole and exclusive owner of all User Content or you have all rights, licenses, consents and releases necessary to grant Blendedd the license to the User Content as set forth above; and (ii) neither the User Content nor your submission, uploading, publishing or otherwise making available of such User Content nor Blendedd’s use of the User Content as permitted herein will infringe, misappropriate or violate a third party’s intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. You agree to not provide User Content that is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by Blendedd in its sole discretion, whether or not such material may be protected by law. Blendedd may, but shall not be obligated to, review, monitor, or remove User Content, at Blendedd’s sole discretion and at any time and for any reason, without notice to you.


Posting Description


A post describing goods or property for rent or services can only include text and images that the user decides to upload, at their sole responsibility. All property and services listed must be in the appropriate category and you are solely responsible for choosing the category in which you will post an item or service.


Pricing


All fees must be disclosed in the posting. The accuracy or fairness regarding the price listed is your sole responsibility. You are not permitted to change the price of a transaction, which has already been accepted. Extra payments relating to the rental of an item such as delivery, insurance, maintenance or other assistance as linked to a particular rental or service, must be clearly indicated in the description zone of the posting.


Property Title or Service License


You must either own the item you are posting, or be lawfully allowed to rent the item which you are listing. For services, you may only list services that you are qualified to perform, and have the necessary permits or licenses.


Use of Rental Items


Items rented can only be used in a careful and proper manner and shall not be used in any way that is inconsistent with owner’s requests. You shall not (i) permit the item rented to be used by any person who is not authorized to use such equipment; (ii) operate or use the item rented or permit it to be operated or used to commit a violation of law; and (iii) operate use, maintain or store the item rented in a manner likely to cause damage to the item. You shall return the rental item on the date and location arranged by both parties in the same condition as you received it, except for normal wear and tear.


Loss or Damage to Owner's Property


Blendedd is not responsible for any loss or damage to property that may occur during usage of the Services. You are encouraged to thoroughly read these Terms, as they make clear that by allowing others to rent your personal property you are doing so at your own risk.


Reviewing Service Postings


The Services and its content are for informational purposes only. Blendedd does not recommend or endorse any specific tests, analysis, procedures, opinions, or other information that may be mentioned on the Site and Services. Blendedd is not a medical or wellness provider and cannot recommend or refer you to any medical or wellness provider. Reliance on any information provided by Blendedd is solely at your own risk.

Blendedd does not warranty any services offered by an individual or business. When possible, please use third party website such as Yelp or Facebook to help make your decision. Blendedd does not review, endorse, and acknowledge any services provided by a third party. Please do your due diligence and contact the other party with any questions and concerns. Please always keep your personal safety as a top priority.

The content is not intended to be a substitute for professional or medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. If you think you may have a medical emergency, call your doctor or 911 immediately.

You should be aware that if you post any health-related information about yourself or anyone else on the Site and Services, you do so at your own risk. If you post health information about services rendered to another individual, you represent that you have the legal authority to receive health information about that individual from that individual's health care providers and that you have the legal authority to further disclose such health information. If you post health-related information, you will be placing it into the public domain, which may violate federal or state laws that protect the privacy of health information. Blendedd is not responsible for the confidentiality of your health information if you post it to its Site and Services or otherwise make it available to others.


Promotional Material


By creating an Account, you agree to subscribe to newsletters, marketing or promotional materials, and other information Blendedd may send. However, you may opt out of receiving any, or all, of these communications from Blendedd by following the unsubscribe link or instructions provided in any email Blendedd sends.


USER CONDUCT AND RESTRICTIONS


You agree to follow all regulations and terms dictated and implied by both government and Blendedd, including the follow restrictions:

  • User may not post any items, messages, and/or contents that are inappropriate, indecent, or would offend other persons;
  • User must not publish, sell, rent or sub-license any materials from this Site including republication on another website;
  • User must not collect and disclose information about other users for purposes other than to perform transactions agreed to and paid for through Blendedd;
  • User must not reproduce, duplicate, copy or otherwise exploit material on our Site for a commercial purpose;
  • User must not post false, inaccurate, misleading, defamatory, or libelous content;
  • User must not use the Site in any way that infringes upon the rights of others, damages or impairs the Site, or in any way is illegal, threatening, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

FEES; PAYMENT; TAXES


Fees

The price of each item or service listed is expressed in US Dollars. The price includes any taxes and costs, excluding possible delivery fees and extra insurance costs that must be disclosed before any payment is exchanged. With the exception of promotional offers that are explicitly outlined on the Site, fees are charged to the owner or service provider at a rate of 10% of the total rental or service price, including any applicable delivery or other additional fees. Access, registration and use of the Site are free.

Blendedd can modify its policies on listings and commission fees, and can also modify the fees set for these services. Temporary or permanent modifications are effective as soon as they are published on the Site and are applicable to all subsequent transactions. In the case of temporary modifications, the duration of the changes will be clearly indicated on the Site.


Payment

Payment is done through Blendedd’s website by using a credit card. All charges paid by the user are non-refundable, unless otherwise determined by Blendded or the provider of a service or rental item.

The user retains the right to request a lower payment for services or rental in the event that the services or rental items are not as advertised or expected. All refund requests must be sent to support@blendedd.com within two (2) business days from the completed use of a rental item or service. After two (2) business days the fee is non-refundable. If within two days of the use of a rental item or service a user provides verifiable evidence to Blendedd that a service or rental item did not fit the description listed on Blendedd or in any correspondence between the user and the provider, or was not delivered at the time specified in the agreement between the user and the provider, Blendedd reserves the right to issue a full or partial refund to the user, in an amount determined at Blendedd's sole discretion. The provider will be contacted before any refund is issued and given an opportunity to provide evidence against the user's claims.

Payments to owners of rental items and individuals or businesses offering services will be transferred to the user’s registered bank account within twelve (12) business days from the date the rental or service was completed.


Taxes

You are solely liable for all the taxes, fees and commissions resulting from use of the Services. Taxes (such as, and without limitations, sales taxes) might be applicable to your transactions whether you are an individual or entity, or whether you are an owner, renter or service provider. You are encouraged to seek tax advice from a professional. These Terms do not create a joint venture, partnership, or principal-agent relationship between the parties, and nothing in these Terms may be used to imply such a relationship. Any and all applicable taxes resulting from your use of these Services, except for Blendedd’s income, shall be the sole responsibility of you the user. You agree to indemnify, defend and hold Blendedd harmless from any liability for, or assessment of, any claims or penalties with respect to such taxes, labor or employment requirements, including any liability for, or assessment of taxes imposed on Blendedd by the relevant taxing authorities with respect to any fees paid to you as the result of using the Services.


MONITORING


Blendedd cannot confirm the identity of each member. It is very important to take the same precautions online as you would offline. Blendedd has the right, but not the obligation, to monitor the content of the Services, including all forms of communication, to determine compliance with these Terms and any operating rules established by Blendedd and to satisfy any law, regulation, or authorized government request. Blendedd shall have the right to edit, refuse to post, remove any posts, or delete any material that Blendedd, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.


INTELLECTUAL PROPERTY


The materials on this site shall remain the property of Blendedd and/or its licensors, and are protected by copyright, trademark and other intellectual property laws. You acquire no proprietary interest in any such rights. You may not remove or obscure the copyright notice or any other notices contained in the site or anything retrieved or downloaded from them. You hereby acknowledge all rights, titles and interests, including but not limited to rights covered by the Intellectual Property Rights, in and to the Site, and that you will not acquire any right, title, or interest in or to the Site except as expressly set forth in these Terms. You will not modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from any of our Services, software or documentation, or create or attempt to create a substitute or similar service or product through use of or access to the Services or proprietary information.


DISCLAIMER; LIMITATION OF LIABILITY; INDEMNITY


Disclaimer

YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. BLENDEDD DOES NOT MONITOR, ENDORSE OR GUARANTEE ANY PRODUCT OR SERVICE THAT IS POSTED ON THE SERVICES. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE SERVICES ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR COURSE OF PERFORMANCE.

Blendedd Inc. and its subsidiaries, affiliates, and licensors do not warrant that a) the Services will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Services are free of viruses or other harmful components; or d) the results of using the Services will meet your requirements.


Limitations Of Liability

BLENDEDD SHALL NOT BE LIABLE TO YOU FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY, OR PROPERTY DAMAGE, EVEN IF BLENDEDD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BLENDEDD SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES INCURRED BY YOU ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SERVICES; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY THIRD PARTY, EVEN IF BLENDEDD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

YOU ACKNOWLEDGE THAT THIRD PARTY RENTALS MAY NOT BE SUITABLE FOR USE, OR SERVICES REQUESTED MAY NOT BE PROFESSIONALLY LICENSED, OR PERMITTED.  IN NO EVENT SHALL BLENDEDD’S TOTAL LIABILITY TO YOU IN CONNECTION WITH THE BLENDEDD SERVICES FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED FIVE HUNDRED U.S. DOLLARS (US $500).

THESE LIMITATIONS DO NOT PURPORT TO LIMIT LIABILITY THAT CANNOT BE EXCLUDED UNDER THE LAW IN THE JURISDICTION OF YOUR PLACE OF RESIDENCE.


Indemnification

YOU AGREE TO WAIVE, AND HEREBY DO WAIVE, ANY LEGAL OR EQUITABLE RIGHTS OR REMEDIES YOU HAVE OR MAY HAVE AGAINST BLENDEDD WITH RESPECT THERETO, AND AGREE TO INDEMNIFY AND HOLD BLENDEDD, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AFFILIATES AND LICENSORS HARMLESS TO THE FULLEST EXTENT ALLOWED BY LAW REGARDING ALL MATTERS RELATED TO YOUR USE OF THE BLENDEDD SERVICES.

FURTHERMORE, YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS BLENDEDD FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, OBLIGATIONS, LOSSES, LIABILITIES, COSTS OR DEBT, AND EXPENSES INCLUDING, BUT NOT LIMITED TO, ATTORNEY’S FEES ARISING FROM: (I) ANY LOSS, INJURY OR OTHER DAMAGE RESULTING FROM THE USE OF YOUR PROPERTY; AND (II) ANY LOSS, INJURY OR DAMAGE RESULTING FROM THE PURCHASE OF ANY SERVICES YOU POST THROUGH THE BLENDEDD SERVICES.


ADDITIONAL PROVISIONS


Non-Assignment Of Rights

Your rights of any nature cannot be assigned nor transferred. Any such attempt may result in termination of your ability to use the Services, without liability to us. However, Blendedd may assign this Agreement to any person or entity at any time without notice.


Severability

Failure of Blendedd to insist upon strict adherence to any of the terms, conditions and covenants hereof shall not be deemed a relinquishment or waiver of any rights that we may have. Nor shall it be construed as a waiver of any subsequent breach of the terms or conditions, and they shall continue to be in full force and effect. No waiver by either party of any breach of any provision hereof shall be deemed a waiver of any subsequent or prior breach of the same or any other provision. If any provision of these Terms is found invalid or unenforceable to any judicial decree or decision, it shall be deemed to apply only to the maximum extent permitted by law, and the remainder of these Terms and Conditions shall remain valid and enforceable as is.


Jurisdiction

You agree to submit to the exclusive jurisdiction of any state or federal court located in the County of San Francisco, California, United States of America, and waive any jurisdictional, venue or inconvenient forum objections to such courts.

Furthermore, you agree that: (i) Blendedd shall be deemed solely based in California and that Blendedd shall be deemed a passive server that does not give rise to personal jurisdiction over Blendedd, either specific or general, in jurisdictions other than California; and (ii) the Terms shall be governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles.


Arbitration

Any and all claims and disputes arising under or relating to this Agreement are to be settled by binding arbitration in the State of California or another location mutually agreeable to the parties. The arbitration shall be conducted on a confidential basis pursuant to the Commercial Arbitration Rules of the American Arbitration Association. Any decision or award as a result of any such arbitration proceeding shall be in writing and shall provide an explanation for all conclusions of law and fact and shall include the assessment of costs, expenses, and reasonable attorneys' fees. Any such arbitration shall be conducted by an arbitrator experienced in Online Services and shall include a written record of the arbitration hearing. The parties reserve the right to object to any individual who shall be employed by or affiliated with a competing organization or entity. An award of arbitration may be confirmed in a court of competent jurisdiction.


Waiver

No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default, nor will any delay or omission on the part of either party to exercise or avail itself of any right or remedy that it has or may have operate as a waiver of any right or remedy.


Change in Services

Blendedd has the right to change or discontinue any aspect or feature of Blendedd.com, including, but not limited to, content, hours of availability, and equipment needed for access or use at any time and without specific notice.

By continuing to access or use our Services after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Services.


Privacy Policy

The Privacy Policy posted on the Site, and any modifications made to the Privacy Policy, shall be incorporated into these Terms and Conditions by reference. All limitations of liability and other provisions in these Terms apply equally and in full force to Blendedd’s Privacy Policy.


Conclusion

This Agreement and any operating rules for Blendedd.com established by Blendedd constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. This Agreement shall be construed in accordance with the laws of California, without regard to its conflict of law rules. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.

You acknowledge receipt of a copy of these Terms by checking the, I agree box, and acknowledge having read and understood the foregoing.

If you have any questions about these Terms, please contact us at support@blendedd.com


Effective: April 1, 2015