NOTICE OF ARBITRATION. THIS TERMS OF USE AGREEMENT CONTAINS ANARBITRATION PROVISION AND CLASS ACTION WAIVER. EXCEPT AS OTHERWISE STATED UNDERTHE TERMS OF THIS AGREEMENT, AND IF YOU DO NOT OPT-OUT OF ARBITRATION AS SETFORTH BELOW, YOU AGREE THAT ANY AND ALL DISPUTES BETWEEN YOU AND THE BLENDMASTERS WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION, AND YOU WAIVE YOURRIGHT TO BRING OR RESOLVE ANY DISPUTE AS, OR PARTICIPATE IN, A CLASS,CONSOLIDATED, REPRESENTATIVE, COLLECTIVE, OR PRIVATE ATTORNEY GENERAL ACTION ORARBITRATION.
Eligibility to Use the Website
The Website is open to use to those who are age Twenty One or above. By using the Website, you warrant that you are age Twenty One (21) or above, are of sound mind, and have the capacity to agree to and uphold the terms and conditions contained within this Agreement. If you use the Website on behalf of a business entity or other third party, you warrant that you express actual authority to act as an agent of that business entity and third party and, as a component of that agency, have the right and ability to agree to the terms of this Agreement on behalf of that third party or business entity. You further warrant that you are not prohibited from entering into this Agreement by the terms of any preexisting agreement.
Privacy Policy
The Blend Masters hereby incorporates its Privacy Policy by reference as if fully restated herein.
Acceptable Use of the Website
When you use the Website, you agree to use it only for its customary and intended purposes and as permitted by the terms of this Agreement and any applicable law, regulation, statute, or ordinance. Additionally, you agree that you are responsible for any breach of your obligations under the terms of this Agreement and for any losses suffered by The Blend Masters for such a breach, including, but not limited to, monetary damages, costs, and attorneys' fees. You are expressly prohibited from using the Website to violate any law, statute, ordinance, regulation, or treaty, whether local, state, provincial, national or international, or to violate the rights of a third party, including, but not limited to, intellectual property rights, privacy rights, rights of publicity, or other personal or proprietary rights. Additionally, you are expressly prohibited from:
- Attempting to access the Website other than through a standard web browser unless you have been permitted to do so by The Blend Masters through a separate, written agreement;
- Accessing or attempting to access the Website through automated means;
- Circumventing the technological protection measures of the Website;
- Posting or transmitting content intended to collect personal orpersonally identifiable information from users of the Website or third parties;
- Disrupting or otherwise interfering with the Website or its associated servers or networks;
- Scraping, reproducing, republishing, selling, reselling, duplicating, or trading the Website or its content;
- Diverting or attempting to divert customers of the Website to another website or service;
- Reverse engineering, decompiling, translating, or disassembling the Website or its content; and
- Encouraging or assisting any other party to do anything in violation of the terms of this Agreement.
The Blend Masters reserves the right to modify, amend, or terminate the Website or its associated content at any time and without prior notice. The Blend Masters also reserves the right to refuse service or access to the Website to any person or business entity at any time and without notice.
Limited License to Use the Website
You acknowledge and agree that the Website is the property of or is licensed by The Blend Masters and is protected under United States and international law, including, but not limited to, intellectual property laws and other personal and proprietary rights. You acknowledge and agree that your use of the Website is limited by the license granted under the terms of this Agreement, and you expressly agree that you will not use the Website in any manner not expressly authorized under the terms of this Agreement. The Blend Masters reserves all rights not expressly granted through this Agreement.
The Blend Masters provides you with a limited, non-exclusive, non-sublicensable, non-assignable, revocable, and royalty free license to use the Website for its customary and intended purposes. You are expressly prohibited from reproducing, preparing derivative works of, distributing copies of, publicly performing, and publicly displaying the Website.
Idea Submission Policy
The Blend Masters may provide you with the ability to submit ideas to The Blend Masters through the Website. If you submit ideas to The Blend Masters, you agree that any ideas that you submit to The Blend Masters will automatically become the property of The Blend Masters and that you will not be compensated for the submission, use, or implementation of the idea that you submitted to The Blend Masters. You understand and agree that The Blend Masters may use or redistribute any ideas that you submit to The Blend Masters for any purpose and in any way and that The Blend Masters has no obligation to keep any ideas submitted to The Blend Masters confidential.
User Account
The Blend Masters may provide you with the ability to register a user account ("User Account"), which may provide access to additional areas of the Website, including, but not limited to, those areas or functions of the Website that are only open to wholesale accounts. Your User Account is protected by a username and password. You recognize that you are solely responsible for maintaining the security and confidentiality of your username and password and that you are responsible for any unauthorized access to your User Account. In the event your User Account is accessed without your authorization, you agree to notify The Blend Masters immediately. The Blend Masters reserves the right to restrict access to, suspend, disable, or delete your User Account at any time, in its sole discretion, and without prior warning. By creating a User Account, The Blend Masters may contact you by any available means, including, but not limited to, by email.
Ordering and Website Policies
You understand and agree that the Website and your User Account may be subject to additional terms or policies, including, but not limited to, The Blend Masters' Wholesale Policies and Shipping Policies. The Blend Masters reserves the right to discontinue, modify, amend, or replace these policies at any time, without prior notice, and in its sole and absolute discretion. Your continued use of the Website after a change in any such policies constitutes your agreement with and manifestation of assent to any such changes.
Payment
Each order submitted to The Blend Masters through the Website is an offer to The Blend Masters to buy the product(s) listed in the order. When you place an order to purchase a product through the Website, The Blend Masters will send you an email confirming receipt of your order. Your receipt of this email confirms that you have placed an order, and you understand and agree that this email does not constitute The Blend Masters' acceptance of your order. No order will have been deemed to have been accepted by The Blend Masters until the product(s) contained within the order is shipped by The Blend Masters to you.
Payment for all orders placed through the Website must be made at the time of ordering. You agree that you will pay all applicable taxes or charges imposed by any governmental entity anywhere in the world in connection with your use of the Website or purchase of goods through the Website. All costs and fees are quoted and payable in United States Dollars and you acknowledge and agree that The Blend Masters is not responsible for any foreign transaction fees or other fees charged to you by your financial institution or by The Blend Masters' payment processor. You agree that you will not initiate any chargebacks to The Blend Masters unless otherwise authorized by The Blend Masters in writing. You understand and agree that you will be responsible and required to pay for any costs associated with any chargebacks that you have initiated against The Blend Masters.
Payment
You understand and agree that the Website and your User Account may be subject to additional terms or policies, including, but not limited to, The Blend Masters' Wholesale Policies and Shipping Policies. The Blend Masters reserves the right to discontinue, modify, amend, or replace these policies at any time, without prior notice, and in its sole and absolute discretion. Your continued use of the Website after a change in any such policies constitutes your agreement with and manifestation of assent to any such changes. All payments must be made before shipment of any product or service can be enacted.
Product Pricing and Availability
Though The Blend Masters makes reasonable attempts to ensure that the products listed on the Website are in stock and that the prices for all products are accurate, from time to time The Blend Masters' Website may contain in correct prices or incorrectly reflect the amount of stock of a particular product. All listings for products on the Website are an invitation to deal and The Blend Masters' reserves the right to modify the pricing of any products prior to shipment. If The Blend Masters identifies that a price reflected on the Website is incorrect or a product listed on the Website is out of stock, The Blend Masters will contact you in a reasonable time frame to advise you of the issue.
Shipping and Returns
You understand and agree that the shipping and return of products purchased through the Website is subject to The Blend Masters' Shipping and Return Policy, which will be displayed on the Website and may be discontinued, modified, amended, or replaced at any time, without prior notice, and in The Blend Masters' sole and absolute discretion. You are directed to review The Blend Masters' Shipping and Return Policy prior to making any orders through the Website.
Proprietary Rights
You understand and agree that the Website, including, but not limited to, its source code, data, selection and arrangement, executable code, structure, and organization, contains the valuable trade secrets and intellectual property of The Blend Masters. Under the terms of this Agreement, you do not acquire any ownership rights to the Website or the data or content contained therein. You acquire only a limited license to use the Website subject to the terms of this Agreement. All other rights are reserved by The Blend Masters.
Trademarks
You acknowledge and agree that any and all trademarks, trade names, design marks, or logos displayed on or through the Website by The Blend Masters, including, but not limited to, THE BLEND MASTERS, are common law or registered trademarks owned by or licensed to The Blend Masters. You are expressly prohibited from using the trademarks of The Blend Masters to cause confusion in, to cause mistake in, or to deceive consumers, or from falsely designating the origin of, the source of, or the sponsorship of your goods or services. You are further prohibited from using the trademarks of The Blend Masters in domain names, in keyword advertisements, to trigger keyword advertisements, or in metatags. All other trademarks, trade names, design marks, or logos are the property of their respective owners.
Term and Termination
The term of this Agreement will begin upon your first accessing of the Website and will continue until the earlier of the following: (i) The Blend Masters terminates your access to the Website; or (ii) you cease using the Website and terminate your Account. The Blend Masters reserves the right to terminate the Website or your access to the Website in its sole and absolute discretion and without prior notice.
Disclaimer Regarding Accuracy of Vendor Information
Product specifications and other information listed on the Website have either been provided by third party product vendors or collected from publicly available sources. While The Blend Masters makes every effort to ensure that the information on this Website is accurate, we can make no representations or warranties as to the accuracy or reliability of any information provided on the Website.
The Blend Masters makes no warranties or representations whatsoever with regard to any product provided or offered by any third party vendor, and you acknowledge that any reliance on representations and warranties provided by any third party vendor shall be at your own risk.
Disclaimer of Warranties and Limitation of Liability
YOU ACKNOWLEDGE AND AGREE THAT THE WEBSITE IS PROVIDED ON AN"AS-IS" BASIS AND WITHOUT WARRANTY OF ANY KIND, INCLUDING, BUT NOTLIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, SECURITY, AND NON-INFRINGEMENT. WHEREVER PERMITTED BY LAW, YOU ACKNOWLEDGE THAT THE BLEND MASTERS WILL NOT BE HELD RESPONSIBLE OR LIABLE FOR ANY CLAIMS, DAMAGES, JUDGMENTS, CHARGES, OR FEES ARISING OUT OF OR RELATED TO YOUR USE OF OR ACCESS TO THE WEBSITE OR TRANSACTIONS THAT OCCUR THROUGH THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, COMPENSATORY DAMAGES, CONSEQUENTIAL DAMAGES, SPECIAL DAMAGES, INCIDENTAL DAMAGES, PUNITIVE DAMAGES, EXEMPLARY DAMAGES, COSTS, AND ATTORNEYS' FEES, DAMAGES ARISING OUT OF ERRORS OR OMISSIONS, AND DAMAGES ARISING OUT OF THE UNAVAILABILITY OF THE WEBSITE OR DOWNTIME. YOU ACKNOWLEDGE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK AND THAT THE BLEND MASTERS'S LIABILITY IS LIMITED TO THE AMOUNT THAT YOU PAID TO THEBLEND MASTERS OR $1,000, WHICHEVER IS LESS.
THE BLEND MASTERS EXPRESSLY DISCLAIMS ANY RESPONSIBILITY FOR ANY DAMAGE, INJURY, HARM, COST, EXPENSE, OR LIABILITY ARISING OUT OF OR RELATED TO YOUR USE OR MISUSE OF ITEMS PURCHASED THROUGH THE WEBSITE. ITEMS PURCHASED THROUGH THE WEBSITE ARE PROVIDED WITHOUT EXPRESS, IMPLIED, OR STATUTORY WARRANTIES FROM THE BLEND MASTERS, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANT ABILITY, FITNESS FOR A PARTICULAR PUPOSE, TITLE, ACCURACY, NON-INFRINGEMENT, OR QUALITY. SOME JURISDICTIONS DO NOT ALLOW AN EXCLUSION OF IMPLIED WARRANTIES. IF YOU ARE LOCATED IN SUCH A JURISDICTION, YOU ARE ADVISED TO SEEK LEGAL ADVICE TO DETERMINE IF THIS EXCLUSION APPLIES TO YOU.
THE BLEND MASTERS WILL NOT BE LIABLE TO YOU UNDER ANY LEGAL THEORY, WHETHER IN WARRANTY, CONTRACT, STRICT LIABILITY, TORT, PERSONAL INJURY, OR NEGLIGENCE, FOR ANY DAMAGES, CLAIMS, INJURIES, JUDGMENTS, COSTS, OR LIABILITIES OF ANY KIND ARISING OUT OF OR RELATED TO YOUR USE OR MISUSE ITEMS PURCHASED THROUGH THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, DAMAGE TOPROPERTY, DEATH, LOSS OF BUSINESS, LOSS OF INCOME, SPECIAL DAMAGES, INCIDENTAL DAMAGES, CONSEQUENTIAL DAMAGES, PUNATIVE DAMAGES, OR EXEMPLARY DAMAGES, WHETHER FORESEEABLE OR UNFORESEEABLE. YOU ACKNOWLEDGE THAT YOUR USE OF ITEMS PURCHASED THROUGH THE WEBSITE IS AT YOUR SOLE RISK AND THAT THE BLEND MASTERS'S LIABILITYIS LIMITED TO THE AMOUNT THAT YOU PAID TO THE BLEND MASTERS OR $1,000,WHICHEVER IS LESS.
All information contained on the Website, including information relating to medical and health conditions, products, and treatments, is for informational purposes only. It is often summarized or presented in aggregate form. It is not meant to be a substitute for the advice provided by your own physician or other medical professionals or any information contained on or in any product packaging or labels. The Blend Masters is not responsible for any statements or claims that various manufacturers make about their products and cannot be held responsible for typographical errors or product formulation changes. THE INFORMATION CONTAINED ON THIS SITE SHOULD NOT BE USED FOR DIAGNOSINGA HEALTH PROBLEM OR PRESCRIBING A MEDICATION. YOU SHOULD CAREFULLY CONSULT ALL INFORMATION PROVIDED BY THE MANUFACTURERS OF THE PRODUCTS ON OR IN THE PRODUCT PACKAGING AND LABELS BEFORE USING ANY PRODUCT PURCHASED ON THIS SITE. YOU SHOULD ALWAYS CONSULT YOUR OWN PHYSICIAN AND MEDICAL ADVISORS. INFORMATION ANDSTATEMENTS REGARDING DIETARY SUPPLEMENTS HAVE NOT BEEN EVALUATED BY THE FOOD AND DRUG ADMINISTRATION AND ARE NOT INTENDED TO DIAGNOSE, TREAT, CURE, OR PREVENT ANY DISEASE OR ILLNESS.
Indemnification
You agree to indemnify, defend, and hold harmless The Blend Masters, its officers, shareholders, directors, employees, subsidiaries, affiliates, and representatives, from and against any and all losses, including, but not limited to, costs and attorneys' fees, arising out of or related to (i) your use of the Website, (ii) your purchase of any item through the Website, (iii) your violation of any term or condition of this Agreement; (iv) your violation of the rights of third parties, including, but not limited to, intellectual property rights or other personal or proprietary rights; and (v) your violation of any law, statute, ordinance, regulation, or treaty, whether local, state, provincial, national, or international. Your obligation to defend The Blend Masters will not provide you with the ability to control The Blend Masters' defense, and The Blend Masters reserves the right to control its defense, including its choice of counsel and whether to litigate or settle a claim subject to indemnification.
Choice of Law and Stipulation to Jurisdiction
You and The Blend Masters agree that any dispute arising out of or related to this Agreement or your use of the Website, including, but not limited to, your purchase or use of products through the Website, will be governed by the laws of the State of Alabama, without regard to its conflict of laws rules. Specifically, the validity, interpretation, and performance of this Agreement will not be governed by the United Nations Convention on the International Sale of Goods. Except for claims for injunctive relief by either party, you and The Blend Masters agree that any dispute or controversy arising out of, in relation to, or in connection with this Agreement or your use of the Website or products purchased through the Website, including, without limitation, any and all disputes, claims (whether in tort, contract, statutory, or otherwise), or disagreements concerning the existence, breach, interpretation, application, or termination of this Agreement, will be resolved by final and binding arbitration pursuant to the Federal Arbitration Act or, at the option of the party seeking relief, by telephone, online, or via written submissions alone, and be administered by the American Arbitration Association ("AAA") under the then in force Commercial Arbitration Rules by one arbitrator appointed in accordance with such rules. Such arbitration will be independent and impartial. If the parties fail to agree on the arbitrator within thirty (30) calendar days after the initiation of the arbitration hereunder, AAA will appoint the arbitrator.
This arbitration will be conducted in the English language. The decision of the arbitrator will be final and binding on the parties and judgment on any award(s) rendered by the arbitrator may be entered in any court having jurisdiction thereof. Nothing in this section will prevent either party from seeking immediate injunctive relief from any court of competent jurisdiction, and any such request shall not be deemed incompatible with the agreement to arbitrate or a waiver of the right to arbitrate. The parties undertake to keep confidential all awards in their arbitration, together with all confidential information, all materials in the proceedings created for the purpose of the arbitration and all other documents produced by the other party in the proceedings and not otherwise in the public domain, save and to the extent that disclosure may be required of a party by legal duty, to protect or pursue a legal right or to enforce or challenge an award in legal proceedings before a court or other judicial authority. The arbitrator shall award all fees and expenses, including reasonable attorney's fees, to the prevailing party. Any judgment rendered by the arbitrator may be entered in any court of competent jurisdiction.
ANY DISPUTE RESOLUTION PROCEEDING ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE PURCHASE OR USE OF ITEMS FROM OR THROUGH THE WEBSITE, WHETHER IN ARBITRATION OR OTHERWISE, SHALL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS ANDNOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION, AND YOU AND THE BLEND MASTERS EXPRESSLY AGREE THAT CLASS ACTION AND REPRESENTATIVE ACTION PROCEDURES SHALL NOT BE ASSERTED IN OR APPLY TO ANY ARBITRATION PURSUANT TO THESE TERMS.
Any claims must be brought within 6 months of each applicable invoice or will otherwise be barred.
Force Majeure
The Blend Masters will not be responsible for any delay or failure in performance of the Website or its associated products arising out of any cause beyond The Blend Masters' control, such as acts of God, war, riots, fire, terrorist attacks, pandemics, power outages, severe weather, or other accidents.
Survivability
The representations, warranties, duties, and covenants made by you under this Agreement will survive the termination of this Agreement, your Account, or the Website, including, but not limited to, your duty to indemnify and defend The Blend Masters.
Interpretation
This Agreement will be deemed to have been drafted by both parties, and the terms and conditions of this Agreement will not be interpreted against its drafter.
Assignment
You are expressly prohibited from assigning your rights and duties under this Agreement. The Blend Masters reserves the right to assign its rights and duties under this Agreement, including in a sale of The Blend Masters or its Website.
Waiver and Integration
No term or condition of this Agreement or breach of this Agreement will be deemed to have been waived or consented to unless said waiver is writing and signed by the party to be charged. This Agreement is the entire agreement between the parties and supersedes all previous agreements or representations between the parties.
