Blayze Terms of ServiceLast Updated: 03/22/22
Please read these Terms of Service (the “Terms”) and our Privacy Notice ([link to Privacy Notice]) (“Privacy Notice ”) carefully because they govern your use of the website located at www.blayze.io (the “Site”) and the digital 1-on-1 consulting services accessible via the Site offered by Everise, Inc., d/b/a Blayze (“Blazye”, “us”, “we”, “our”). To make these Terms easier to read, the Site and our services (excluding the Free Agent Consulting and Blayze Plus Consulting, both defined below) are collectively called the “Services.” Free Agent Consulting and Blayze Plus Consulting shall be collectively known as “ Consultant Services”. The users of our Services who provide freelance consulting services are called “ Consultants”, and the users who purchase and receive such consulting services are called “Customers”. Collectively, Consultants and Consultants are referred to as “Users”.
IMPORTANT NOTICE REGARDING ARBITRATION FOR U.S. CUSTOMERS: WHEN YOU AGREE TO THESE TERMS YOU ARE AGREEING (WITH LIMITED EXCEPTION) TO RESOLVE ANY DISPUTE BETWEEN YOU AND BLAYZE THROUGH BINDING, INDIVIDUAL ARBITRATION RATHER THAN IN COURT. PLEASE REVIEW CAREFULLY SECTION 17 “DISPUTE RESOLUTION” BELOW FOR DETAILS REGARDING ARBITRATION.
- Your Relationship to the Site and Services
- Nature of the Services. The Site is a marketplace where Consultants and Customers can identify each other and advertise, buy, and sell services online. Blayze merely makes the Site and Services available to enable Consultants and Customers to find and transact directly with each other. Subject to the Terms, Blayze provides the Site and Services to Users, including hosting and maintaining the Site. When two Users enter into a service agreement through the Services, the Users use the Site to invoice and pay any amounts owed under the service agreement. You acknowledge, agree, and understand that Blayze is not a party to the relationship or any dealings between Consultant and Customer, including for any Consultant Services. Blayze does not make any representations about or guarantee the truth or accuracy of any Consultant’s or Customer’s listing or other User Content on the Site; does not verify any feedback or information provided by Users about Consultants or Customers; and does not perform background checks on or guarantee the work of Customers or Consultants.
- Your Relationship to the Services. You acknowledge, agree, and understand that: (i) you are not an employee of Blayze, and neither Consultants nor Customers are eligible for any of the rights or benefits of employment (including unemployment and/or workers compensation insurance); (ii) Blayze will not have any liability or obligations, including under or related to Consultant Services for any acts or omissions by you or other Users; (iii) Blayze does not, in any way, supervise, direct, or control any Consultant or the Consultant Services that the Consultant may provide to an Customer; (iv) Blayze does not impose quality standards or a deadline for completion of any Free Agent or Blayze Plus Consulting; (v) Blayze does not dictate the performance, methods or process Consultants use to perform Consultant Services; (vi) Consultants are free to determine when and if to provide Consultant Services to Customers, including the days worked and time periods, and Blayze does not set or have any control over Consultants’ pricing, Consulting hours, schedules, or location, nor is Blayze involved in any other way in determining the nature and amount of any compensation that may be charged by or paid to Consultant for such Consultant Services; (vii) Consultants will be paid at such times and amounts as agreed with Customers in a given service agreement between a Consultant and Customer; (viii) Blayze does not, in any way, provide or guarantee Consultants a regular salary or any minimum, regular payment; and (ix) Blayze does not provide the premises at which Consultants will work and does not provide Consultants with any training, equipment, labor, tools, or materials for Consultants to use in providing Consultant Services.
- Agreement to Terms. By using our Services, you agree to be bound by these Terms. If you don’t agree to be bound by these Terms, do not use the Services.
- Privacy Notice. Please review our Privacy Notice, which also governs your use of the Services, for information on how we collect, use, and share your information.
- Changes to these Terms or the Services. We may update the Terms from time to time in our sole discretion. If we do, we’ll let you know by posting the updated Terms on the Site and/or may also send other communications. It’s important that you review the Terms whenever we update them or you use the Services. If you continue to use the Services after we have posted updated Terms, it means that you accept and agree to the changes. If you don’t agree to be bound by the changes, you may not use the Services anymore. Because our Services are evolving over time we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.
- Who May Use the Services?
You may use the Services only if you are at least 13 years of age (or such other minimum age at which you can provide consent to data processing under the laws of your territory), and not otherwise barred from using the Services under applicable law. If you are over 13 years of age but under the age of majority in your respective jurisdiction, you hereby represent and warrant that your parent or legal guardian has read these Terms and accepts them on your behalf. Parents and legal guardians are responsible for the acts of their minor children when using the Services, whether or not the parent or guardian has authorized such acts.
- Feedback. We appreciate feedback, comments, ideas, proposals, and suggestions for improvements to the Services (“Feedback”). If you choose to submit Feedback, you agree that we are free to use it without any restriction or compensation to you.
- Your Content.
- Posting Content. Our Services may allow you to store or share content such as text (in posts or communications with others), graphics, images, audio, and video. Anything (other than Feedback) that you post or otherwise make available through the Services, whether as a Consultant or Customer, is referred to as “ User Content.” Customers may upload User Content for the purpose of receiving various types of video analysis Consulting sessions from Consultants, whether as single-session Consulting (“Free Agent Consulting”) or as part of an extended training relationship that may include custom training plans, messaging, monthly check-ins, and other features (“ Blayze Plus Consulting”). Consultants may upload User Content to advertise describe the services they provide, and to analyze the User Content that Customers provide. Blayze does not claim any ownership rights in any User Content and nothing in these Terms will be deemed to restrict any rights that you may have to your User Content.
- Permissions to Your User Content. By making any User Content available through the Services you hereby grant to Blayze a non-exclusive, transferable, worldwide, royalty-free license, with the right to sublicense, to use, copy, modify, distribute, publicly display, and publicly perform your User Content in connection with operating and providing the Services.
- Your Use of the User Content of Other Users. As a Customer, you may have access to the User Content that a Consultant provides to you, and as a Consultant, you may have access to the User Content that an Customer provides to you. You hereby acknowledge and agree that you are only allowed to use this User Content strictly within and as permitted by the functionality of the Services. You may not modify, reproduce, publicly perform, or display, create derivative works of, or register for copyright, trademark, or any other intellectual property rights in, the User Content of other Users or use the User Content or other Users for any purpose outside of your use of the Services.
- Your Responsibility for User Content. You are solely responsible for all your User Content. You represent and warrant that you have (and will have) all rights that are necessary to grant us the license rights in your User Content under these Terms. You represent and warrant that neither your User Content, nor your use and provision of your User Content to be made available through the Services, nor any use of your User Content by Blayze on or through the Services will infringe, misappropriate, or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
- Removal of User Content. You can remove your User Content by specifically deleting it. You should know that in certain instances, some of your User Content (such as posts or comments you make) may not be completely removed and copies of your User Content may continue to exist on the Services. To the maximum extent permitted by law, we are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your User Content.
- Blayze’s Intellectual Property. We may make available through the Services content that is subject to intellectual property rights. We retain all rights to that content.
- Payments. Customer’s agree that they may be required to pay for Consultant Services. Consultants set the price that they charge for both Free Agent Consulting and Blayze Plus Consulting, which will be clearly visible and communicated to the Customer before the Customer chooses to purchase the applicable Consultant Services (“ Services Fees”). Customer agrees to pay the applicable Services Fees.
- General. Through the payment functionality offered on the Site, Blayze (or a third-party payment processor) will collect the Services Fees on behalf of the Consultants and Services Fees will be remitted to Consultants after deduction of a percentage of those Service Fees, which percentage will be communicated to the Consultants and is referred to as the “Blayze Fee ”. Consultants agree that Consultants are responsible for setting the price of the Consultant Services they offer through the Site and that the Blayze Fee will be deducted from the Services Fees before remittance to Consultants. . Customers agree to pay for the Consultant Services only by using the payment functionality offered on the Site. Consultants
- One-Time Payments. When you make a one-time payment, you expressly authorize us (or our third-party payment processor) to charge you for such transaction. We may ask you to supply additional information relevant to your Transaction, including your credit card number, the expiration date of your credit card and your email and postal addresses for billing and notification (such information, “Payment Information”). You represent and warrant that you have the legal right to use all payment method(s) represented by any such Payment Information. When you initiate a transaction, you authorize us to provide your Payment Information to third parties so we can complete your transaction and to charge your payment method for the type of transaction you have selected (plus any applicable taxes and other charges). You may need to provide additional information to verify your identity before completing your transaction (such information is included within the definition of Payment Information). By initiating a transaction, you agree to the pricing, payment, and billing policies applicable to such fees and charges, as posted or otherwise communicated to you. All payments for transactions are non-refundable and non-transferable except as expressly provided in these Terms. All fees and applicable taxes, if any, are payable in United States dollars.
- Subscriptions. If you purchase a subscription, you will be charged on a monthly or annual, plus any applicable taxes, and other charges, at the beginning of your subscription and each year thereafter, at the then-current Consultant Fees for your subscription Fee. BY PURCHASING A SUBSCRIPTION, YOU AUTHORIZE BLAYZE TO INITIATE RECURRING NON-REFUNDABLE PAYMENTS AS SET FORTH BELOW. If you purchase an annual subscription, we (or our third-party payment processor) will automatically charge you each year on the anniversary of the commencement of your subscription, using the Payment Information you have provided until you cancel your subscription. No less than thirty (30) days and no more than sixty (60) days before your subscription term ends, or otherwise in accordance with applicable law, Blayze will send you a reminder with the then-current subscription Fee. By agreeing to these Terms and electing to purchase a subscription, you acknowledge that your subscription has recurring payment features and you accept responsibility for all recurring payment obligations prior to cancellation of your subscription by you or Blayze. Your subscription continues until cancelled by you or we terminate your access to or use of the Services or subscription in accordance with these Terms. If you purchase a monthly subscription, we (or our third-party payment processor) will automatically charge you each month on the billing date of your subscription, using the Payment Information you have provided until you cancel your subscription. No less than five (5) days and no more than ten (10) days before your Subscription term ends, or otherwise in accordance with applicable law, Blayze will send you a reminder with the then-current Services Fee.
- Cancelling a One-Time Payment. You may cancel a Transaction for a full refund within three (3) calendar days of your initial purchase. AFTER THAT, YOUR PURCHASE IS FINAL AND YOU WILL NOT BE ABLE TO CANCEL THE PURCHASE AND/OR RECEIVE A REFUND OF YOUR APPLICABLE SERVICES FEE AT ANY TIME. But if something unexpected happens in the course of completing a Transaction, we reserve the right to cancel your Transaction for any reason; if we cancel your Transaction, we’ll refund any payment you have already remitted to us for such Transaction.
- General Prohibitions and Blayze’s Enforcement Rights
You agree not to do any of the following:
- Post, upload, publish, submit or transmit any User Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances;
- Use, display, mirror or frame the Services or any individual element within the Services, Blayze’s name, any Blayze trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Blayze’s express written consent;
- Access, tamper with, or use non-public areas of the Services, Blayze’s computer systems, or the technical delivery systems of Blayze’s providers;
- Attempt to probe, scan or test the vulnerability of any Blayze system or network or breach any security or authentication measures;
- Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Blayze or any of Blayze’s providers or any other third party (including another user) to protect the Services;
- Attempt to access or search the Services or download content from the Services using any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Blayze or other generally available third-party web browsers;
- Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
- Use any meta tags or other hidden text or metadata utilizing a Blayze trademark, logo URL or product name without Blayze’s express written consent;
- Use the Services, or any portion thereof, for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms;
- Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services to send altered, deceptive or false source-identifying information;
- Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services;
- Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services;
- Collect or store any personally identifiable information from the Services from other users of the Services without their express permission;
- Impersonate or misrepresent your affiliation with any person or entity;
- Violate any applicable law or regulation; or
- Encourage or enable any other individual to do any of the foregoing.
Blayze is not obligated to monitor access to or use of the Services or to review or edit any content. However, we have the right to do so for the purpose of operating the Services, to ensure compliance with these Terms and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any content, including User Content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider it objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.
- DMCA/Copyright Policy. Blayze respects copyright law and expects its users to do the same. It is Blayze’s policy to terminate in appropriate circumstances account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders. Please see Blayze’s Copyright and IP Policy at [insert link], for further information.
- Links to Third Party Websites or Resources. The Services may allow you to access third-party websites or other resources. We provide access only as a convenience and are not responsible for the content, products, or services on or available from those resources or links displayed on such websites. You acknowledge sole responsibility for, and assume all risk arising from, your use of any third-party resources.
- Termination. We may suspend or terminate your access to and use of the Services, including suspending access to or terminating your account, at our sole discretion, at any time and without notice to you. You may cancel your account at any time by sending us an email at email@example.com. Upon any termination, discontinuation or cancellation of the Services or your account, the following Sections will survive: 7(a), 7(b), 7(c), and 7(d) (only for payments due and owing to prior to the termination), 8(b), 8(c), 8(e),109, 3,4, 5, 6, 7, and 8.
- Warranty Disclaimers. THE SERVICES ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any information or content on the Services.
- Indemnity. You will indemnify and hold Blayze and its officers, directors, employees, and agents, harmless from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with (a) your access to or use of the Services, (b) your User Content, or (c) your violation of these Terms.
- Limitation of Liability and Safe Use of the Services.
- SAFE USE OF THE SERVICES AND ASSUMPTION OF RISK. AS A CUSTOMER, YOU MAY CHOOSE TO FILM YOURSELF PARTICIPATING IN PHYSICAL ACTIVITY IN ORDER TO RECEIVE VIDEO ANALYSIS FROM A CONSULTANT. DURING FILMING YOURSELF AND WHILE PARTICIPATING IN ANY PHYSICAL ACTIVITY, PLEASE BE AWARE OF YOUR SURROUNDINGS AND CONDUCT YOURSELF IN A SAFE AND REASONABLE MANNER. YOU HEREBY ACKNOWLEDGE AND AGREE THAT BLAYZE DOES NOT PROVIDE PHYSICAL SERVICES OR FUNCTION AS A PERSONAL TRAINER. TO THE EXTENT THAT A CONSULTANT WORKING WITH BLAYZE PROPOSES WORKOUT ROUTINES, MOVEMENTS, DIETARY CHANGES, OR PHYSICAL TRAINING INTENDED TO BE PERSONALIZED TO YOUR ATHLETIC GOALS, YOU AGREE THAT FOLLOWING, ADOPTING OR EXECUTING SUCH WORKOUT ROUTINES, DIETS, ACTIVITIES OR PHYSICAL TRAINING IS ENTIRELY AT YOUR RISK AND THAT YOU SHOULD CONSULT A FITNESS PROFESSIONAL, YOUR DOCTOR, OR PROCEED AT YOUR OWN RISK. YOU HEREBY AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR MAINTAINING SUCH HEALTH, LIABILITY, HAZARD, PERSONAL INJURY, MEDICAL, LIFE, AND OTHER INSURANCE POLICIES AS YOU DEEM REASONABLY NECESSARY FOR ANY INJURIES THAT YOU MAY INCUR WHILE USING THE SERVICES.
- TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER BLAYZE NOR ITS SERVICE PROVIDERS INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOST REVENUES, LOST SAVINGS, LOST BUSINESS OPPORTUNITY, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT BLAYZE OR ITS SERVICE PROVIDERS HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
- TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL BLAYZE’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES EXCEED THE AMOUNTS A) YOU HAVE PAID OR ARE PAYABLE BY YOU IN SERVICE FEES IN THE 12 MONTHS PRECEDING THE ACTIONS GIVING RISE TO THE CLAIM OR B) ONE HUNDRED DOLLARS ($100), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS UNDER THESE TERMS, AS APPLICABLE.
- THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN BLAYZE AND YOU.
- Governing Law and Forum Choice. These Terms and any action related thereto will be governed by the Federal Arbitration Act, federal arbitration law, and the laws of the State of California, without regard to its conflict of laws provisions. Except as otherwise expressly set forth in Section 17 “Dispute Resolution,” the exclusive jurisdiction for all Disputes (defined below) that you and Blayze are not required to arbitrate will be the state and federal courts located in Alameda County, California, and you and Blayze each waive any objection to jurisdiction and venue in such courts.
- Dispute Resolution.
- Mandatory Arbitration of Disputes. We each agree that any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services (collectively, “ Disputes”) will be resolved solely by binding, individual arbitration and not in a class, representative or consolidated action or proceeding . You and Blayze agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of these Terms, and that you and Blayze are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of these Terms.
- Exceptions. As limited exceptions to Section 16(a) above: (i) we both may seek to resolve a Dispute in small claims court if it qualifies; and (ii) we each retain the right to seek injunctive or other equitable relief from a court to prevent (or enjoin) the infringement or misappropriation of our intellectual property rights.
- Conducting Arbitration and Arbitration Rules. The arbitration will be conducted by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (the “ AAA Rules”) then in effect, except as modified by these Terms. The AAA Rules are available at www.adr.org or by calling 1-800-778-7879. A party who wishes to start arbitration must submit a written Demand for Arbitration to AAA and give notice to the other party as specified in the AAA Rules. The AAA provides a form Demand for Arbitration at www.adr.org .
Any arbitration hearings will take place in the county (or parish) where you live, unless we both agree to a different location. The parties agree that the arbitrator shall have exclusive authority to decide all issues relating to the interpretation, applicability, enforceability and scope of this arbitration agreement.
- Arbitration Costs. Payment of all filing, administration and arbitrator fees will be governed by the AAA Rules, and we won’t seek to recover the administration and arbitrator fees we are responsible for paying, unless the arbitrator finds your Dispute frivolous. If we prevail in arbitration we’ll pay all of our attorneys’ fees and costs and won’t seek to recover them from you. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses to the extent provided under applicable law.
- Injunctive and Declaratory Relief. Except as provided in Section 16(b) above, the arbitrator shall determine all issues of liability on the merits of any claim asserted by either party and may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. To the extent that you or we prevail on a claim and seek public injunctive relief (that is, injunctive relief that has the primary purpose and effect of prohibiting unlawful acts that threaten future injury to the public), the entitlement to and extent of such relief must be litigated in a civil court of competent jurisdiction and not in arbitration. The parties agree that litigation of any issues of public injunctive relief shall be stayed pending the outcome of the merits of any individual claims in arbitration.
- Class Action Waiver. YOU AND BLAYZE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, if the parties’ Dispute is resolved through arbitration, the arbitrator may not consolidate another person’s claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this Dispute Resolution section shall be null and void.
- Severability. With the exception of any of the provisions in Section 16(f) of these Terms (“Class Action Waiver ”), if an arbitrator or court of competent jurisdiction decides that any part of these Terms is invalid or unenforceable, the other parts of these Terms will still apply.
- General Terms.
- Reservation of Rights. Blayze and its licensors exclusively own all right, title and interest in and to the Services, including all associated intellectual property rights. You acknowledge that the Services are protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter, or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services.
- Entire Agreement. These Terms constitute the entire and exclusive understanding and agreement between Blayze and you regarding the Services, and these Terms supersede and replace all prior oral or written understandings or agreements between Blayze and you regarding the Services. If any provision of these Terms is held invalid or unenforceable by an arbitrator or a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect. Except where provided by applicable law in your jurisdiction, you may not assign or transfer these Terms, by operation of law or otherwise, without Blayze’s prior written consent. Any attempt by you to assign or transfer these Terms absent our consent or your statutory right, without such consent, will be null. Blayze may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
- Notices. Any notices or other communications provided by Blayze under these Terms will be given: (i) via email; or (ii) by posting to the Services. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted.
- Waiver of Rights. Blayze’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Blayze. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
- Contact Information. If you have any questions about these Terms or the Services, please contact Blayze at firstname.lastname@example.org.