Terms of Service

These Terms of Service (“Terms of Service” or “Terms”) govern your access to and use of https://beblended.ca and all other products and services, including mobile applications, owned, controlled or offered by BeBlended (the “Site”). The Site is operated by BeBlended Incorporated (“BeBlended,” “us” or “we”). BeBlended provides the Site, including all information, tools and services available through the Site, to you, the user, conditioned upon your acceptance of these Terms. Please read these Terms carefully. By accessing or using the Site, you are accepting and agreeing that (1) you are a prospective user of the cosmetology services provided by the Stylists (as defined below) on the Site ("Services"), (2) you have the authority to enter into these Terms, (3) you authorize the transfer of payment for Services requested through the Site, and (4) you agree to be bound by all terms and conditions of these Terms of Service and the Privacy Policy. If you do not accept and agree to these Terms, please do not use the Site.

Communications

You agree that BeBlended may contact you by email in connection with your service request, including for marketing purposes. You also understand that you may opt out of receiving email messages at any time by unsubscribing.

Hairstylist Accounts

In order to use certain features of the Site, Stylists must sign up and go through our approval process by providing certain information about themselves as prompted by the signup form. Once approved, Stylists will receive an account on our SIte and with our Third Party booking system. You represent and warrant that: (a) all required registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information. You agree not to create an account on behalf of someone other than yourself. You further agree that you shall not maintain more than one account at any given time. You may delete your Account at any time, for any reason, by following the instructions in the Site. We may suspend or terminate your Account in accordance with the section entitled “Termination.” You agree not to create an account or use our Site if you have been previously removed by BeBlended, or if you have been previously barred from the Site. You are responsible for maintaining the confidentiality of your Account login information and are fully responsible for all activities that occur under your Account. You agree to immediately notify us of any unauthorized use, or suspected unauthorized use, of your Account or any other breach of security, and further agree that BeBlended shall not be liable for any loss or damage arising from your failure to comply with the above requirements.

Security

You are responsible for keeping your password ("Password") secure at all times. You are solely responsible for all activity that occurs on your Account and you must notify BeBlended immediately of any unauthorized use of your Account. You agree that BeBlended will not be liable for your losses caused by an unauthorized use of your Account. You understand that you may be responsible for fees incurred due to such unauthorized use.

Hairstyling Services

BeBlended provides a platform through which users may review and choose offered hairstyling services, pick appointment dates and times for the hairstyling service, and pay a deposit for the appointment. The hairstyling service is completed at the appointment by a third-party beauty professional (“hair stylist”). By requesting hairstyling services through our platform, you guarantee that you are above the age of 16, and that the information you provide us is accurate, complete, and current at all times. The Site, which enables users to arrange and schedule logistics and/or delivery of services and/or to purchase certain goods, including with third party providers of such services and goods (“Third Party Providers”), is made available solely for your personal, noncommercial use. 

Fees and Payments

We use Stripe, Inc., a third-party payment processor ("Payment Processor"), to handle your payment for Services. BeBlended will not have access to, nor store, any of your personal financial information. For questions about the Payment Processor’s privacy and security practices, please read the privacy policy posted by the Payment Processor.

You agree to pay all fees or charges associated with the Services provided by the Stylist, thus complying to the Stylist’s fees and billing terms. If BeBlended's Payment Processor cannot charge your credit card or other payment method for any reason, BeBlended reserves the right to cancel your Service, suspend or terminate your access to future Services. You are expressly agreeing that the Payment Processor, on behalf of BeBlended, is permitted to bill you for the applicable fees, any applicable tax and any other charges you may incur in connection with your selection of Services offered through this Site, and that the fees will be billed to your credit card or other payment method designated at the time you register for a fee-based Service.

Aside from the initial non-refundable deposit fee specified by the Stylist, you will not be charged for Services until after any Services have been completed. In addition to the non-refundable deposit, you are responsible for paying the Stylist the full cost of the Service. In the event you must cancel or reschedule any booked Services, you must do so in accordance with the Stylist’s cancellation policy.

Disputes Between Clients and Stylists

Your interactions with Stylists, including the performance of any Service or purchase of any product, and any other terms, conditions, warranties or representations associated with those transactions or dealings, are solely between you and the Stylist. You should take reasonable precautions and make whatever investigation or inquiries you deem necessary or appropriate before proceeding with any online or offline transaction with any third party, including the Stylists.

You understand that deciding whether to use the Services of a Stylist, or use information contained on the Site, is your personal decision for which you alone are responsible. You understand that BeBlended uses its best efforts to vet all stylists on the Site, but cannot make representations as to the suitability of any individual you may decide to interact with through the Site and/or the accuracy or suitability of any advice, information, or recommendations made by any individual.

You agree that BeBlended will not be responsible or liable for any loss or damage of any sort whatsoever incurred as the result of any Services. If there is a dispute between you and a Stylist, you agree that BeBlended is under no obligation to become involved. In the event that a dispute arises between you and a Stylist, you hereby release BeBlended, its officers, managers, members, directors, employees, attorneys, agents, and successors in rights from any claims, demands, and damages (actual and consequential) of every kind or nature, known or unknown, suspected or unsuspected, foreseeable or unforeseeable, disclosed or undisclosed, arising out of or in any way related to such dispute or any Service provided to you.

Your Responsibilities

As the recipient of Hairstyling Services, you agree to assume certain responsibilities. When you purchase Hairstyling Services, you agree to comply with any rules or requirements applicable to the Hairstyling Service purchased, including as part of any confirmation email (the “Requirements”). Whether or not there are Requirements, you agree to: (a) create in your home (or other space where hair stylists booked via the Site are invited to perform the Hairstyling Services) a safe, clean, and reasonably comfortable workspace that is free of conditions that would make it difficult for a hair stylist to perform the Hairstyling Service (all as determined in each hair stylist’s sole discretion); (b) provide a workspace that has access to bathroom facilities and is in close proximity to an electrical outlet and a sink with hot and cold running water; and (c) refrain from, and prevent other individuals present in your household from any speech, conduct, or personal displays that a reasonable person would find offensive, intimidating, hostile, harassing, indecent or abusive while our hair stylists are present. If you have pets, you agree to confine all of your pets to a room where our hair stylists will not be working. If you have a child or children under the age of 13, you agree that childcare (provided by someone other than you and the hair stylist) will be present. This is important as the hair stylist will have equipment that can burn a child and the hair stylist will be focused on you. In any event, you acknowledge and assume all liability for the use of any and all stylist implements including but not limited to chemicals and heated styling tools. We reserve the right to terminate or refuse Hairstyling Services to anyone at any time in the event you do not fulfill your responsibilities as set forth in this Section or if a stylist feels unsafe or uncomfortable with her in-home work environment or conditions for any reason.

COVID-19 Liability Waiver

As it relates to the ongoing threat of COVID-19, you understand that after taking all precautions and making all efforts to create a safe and sanitized working environment for both yourself and our stylists, there is still a risk of being exposed to COVID-19 and you hereby agree to release BeBlended from any liability.

Supplemental COVID-19 Cancellation Policy

To ensure the health and safety of both clients and stylists, if you are feeling any COVID-19 symptoms or have tested positive for COVID-19, you must cancel your appointment. No notice is required however the deposit for the appointment will not be refunded. You will have another opportunity to book an appointment with the same Stylist at a future date.

Because we are requiring both clients and stylists to wear proper PPE during all appointments, if you do not have a mask and/or your stylist arrives without the proper required PPE, the service will be canceled and you will have the opportunity to book an appointment at a later date.

BeBlended reserves the right to revise or update this supplemental cancellation policy at any time, including to cover other pandemics or illnesses.

Restrictions

You may not: (i) remove any copyright, trademark or other proprietary notices from any portion of the Site; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Site except as expressly permitted by BeBlended.

You may not assign these Terms without BeBlended’s prior written approval. BeBlended may assign these Terms without your consent to: (i) a subsidiary or affiliate; (ii) an acquirer of BeBlended‘s equity, business or assets; or (iii) a successor by merger. Any purported assignment in violation of this section shall be void. No joint venture, partnership, employment, or agency relationship exists between you, BeBlended or any Third Party Provider as a result of this Agreement or use of the Site. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law. BeBlended’s failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by BeBlended in writing.

You may not post to BeBlended’s social media or any other BeBlended Forum or otherwise transmit information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials (“Content” means the transmission of information, data, text, software, music, sound, photographs, graphics, video, messages, tags or other materials generated by a user) that:

• is patently offensive;
• harasses or advocates harassment of another person;
• contains nudity, violence, pornography, sexually explicit material or offensive subject matter;
• provides any telephone numbers, street addresses, last names or email addresses of anyone other than your own;
• promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
• violates any intellectual property or other proprietary right of any third party, including Content that promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
• involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing, instant messaging, “spimming,” or “spamming”;
• contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
• furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
• solicits passwords or personal identifying information from other Account holders;
• involves commercial activities and/or sales without BeBlended’s prior written consent, such as contests, sweepstakes, barter, advertising, and/or pyramid schemes;
• includes a photograph of another person that you have posted without that person’s consent or otherwise constitutes an invasion of an individual’s privacy or infringement of publicity rights;
• denigrates, ridicules, or demeans another person; or
• contains a virus or other harmful component.

With respect to any User Content submitted by you to BeBlended’s social media accounts, you hereby represent and warrant to BeBlended that you are legally capable to enter into contracts, that you are authorized to post or submit the User Content and that the User Content and your submission of the User Content does not violate or infringe the copyright, trademark, patent, publicity, privacy or other proprietary right of any third party. You further agree that you will not: (I) submit or publish falsehoods or misrepresentations that could damage BeBlended or any third party; (II) submit User Content that is unlawful, obscene, profane, defamatory, libelous, threatening, pornographic, hateful, abusive, harassing, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (iii) submit or publish documents or information that is the confidential or proprietary documents or information of any third party; or (iv) post advertisements or solicitations of business. BeBlended reserves the right to remove, delete or refrain from publishing any User Content submitted by you without prior notice to you.

You agree that you will be solely responsible and liable for, and will indemnify BeBlended and its officers, directors, employees and agents (“Released Parties”) from and against any losses, expenses, liabilities, claims, costs, and damages (“Claims”) arising from your submission of User Content, including, but not limited to, any Claims arising out of breach of the Site Terms or any Claims for infringement of copyright, trademark, patent or other proprietary rights. BeBlended reserves the right to remove any content for any reason.

Photography Taken at In-Home Beauty Appointments

During the appointment booking process on the Site, you may opt-in to having one or more photographs taken of you by a hair stylist on behalf of BeBlended after hairstyling service has been performed. These photographs are primarily used as a showcase of BeBlended hairstyling services on the BeBlended website and social networking sites where we have a page or presence (collectively “Social Pages”). However, in opting-in to having photographs taken of you, you agree that we may use and reproduce the photographs on our Social Pages, on the Site and in our marketing materials in perpetuity. Furthermore, you hereby grant, and you represent and warrant that you have the right to grant, to us an irrevocable, nonexclusive, royalty-free and fully paid, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use your photographs, and to grant sublicenses of the foregoing, solely for the purposes of including your photographs in the Site and BeBlended marketing materials. You agree to irrevocably waive (and cause to be waived) any claims and assertions of moral rights or attribution with respect to your photographs.

Third-Party Terms

Certain content, features and functionality on the Site (collectively, “Third-Party Content”) may be owned and operated by third parties (collectively, “Third-Party Providers”). BeBlended may, but is not obligated to, monitor or review any areas on the Site containing Third-Party Content. Your use and interaction with such Third-Party Content may be subject to separate terms and conditions of Third-Party Providers and, if applicable, you will be subject to and comply with the terms and conditions offered by such Third-Party Providers. YOU ACKNOWLEDGE THAT WE ARE NOT RESPONSIBLE OR OTHERWISE LIABLE FOR THIRD-PARTY CONTENT OR THE ACTS OR OMISSIONS OF THIRD-PARTY PROVIDERS AND THAT ANY CLAIMS OR OTHER CAUSES OF ACTION AVAILABLE TO YOU IN CONNECTION WITH EITHER OF THE FOREGOING WILL BE BROUGHT AGAINST THE APPLICABLE THIRD-PARTY PROVIDER(S) AND NOT BEBLENDED.

Use of Content

The Site, including but not limited to text, design, graphics, logos, icons, images, photography, video, audio, downloads, interfaces, code, software, products, features and tools, and the design, selection and arrangement thereof and all intellectual property associated with the foregoing, but specifically excluding Third-Party Content (collectively, the “Content”), is the property of BeBlended or its licensors. Upon your acceptance of these Terms of Service, BeBlended grants you a limited, non-transferable, non-sublicensable, non-exclusive, revocable license to access, use, copy, download and print the Content for your personal and non-commercial informational use only, provided you do not modify or delete any copyright, trademark or other proprietary notice that appears on the Content. Any other use of the Site or any Content, including but not limited to the modification, distribution, performance, broadcast, publication, licensing, reverse engineering or resale of, or the creation of derivative works from the Site or any Content, is expressly prohibited, unless you obtain the prior written consent of BeBlended. You agree to abide by all additional restrictions displayed on the Site as they may be updated from time to time. BeBlended may revoke this limited license at any time for any or no reason. All rights not expressly granted are reserved by BeBlended and its licensors. You will not: (i) use any hardware or software intended to damage or interfere with the proper working of the Site; (ii) surreptitiously intercept any system, data or personal information from the Site; or (iii) interrupt or attempt to interrupt the operation of the Site in any way. BeBlended reserves the right, in its sole discretion, to limit or terminate your access to or use of the Site, in whole or in part, at any time without notice. Termination of your access or use will not waive or affect any other right or relief to which BeBlended may be entitled at law or in equity.

Materials You Submit

You acknowledge that you are responsible for any material you may submit via the Site, including the legality, reliability, appropriateness, originality and copyright of any such material. You may not upload to, distribute or otherwise publish through the Site any content that (i) is confidential, proprietary, false, fraudulent, libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, infringing on intellectual property rights, abusive, illegal or otherwise objectionable; (ii) may constitute or encourage a criminal offense, violate the rights of any party or otherwise give rise to liability or violate any law; or (iii) may contain software viruses, political campaigning, chain letters, mass mailings or any form of “spam.” You may not use a false email address or other identifying information, impersonate any person or entity or otherwise mislead as to the origin of any content. You may not upload commercial content onto the Site.

If you do submit material, and unless we indicate otherwise, you grant BeBlended an unrestricted, nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such material throughout the world in any media. You further agree that BeBlended is free to use, without consideration, any ideas, concepts, know-how that you or individuals acting on your behalf provide to BeBlended. You grant and are authorized to grant BeBlended the right to use, without consideration, any name or likeness you submit in connection with such material, if the company so chooses. You represent and warrant that you own or otherwise control all the rights to the content you post; that the content is accurate, is noninfringing and does not otherwise violate the rights of any person or entity and conforms to all applicable law; that use of the content you supply does not violate any provision herein and will not cause injury to any person or entity; and that you will indemnify BeBlended for all claims resulting from content you supply.

Prohibited Activities

You may not use any “deep link,” “page-scrape,” “robot,” “spider” or other automatic device, program, algorithm or methodology or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to a BeBlended server, or to any of the services offered on or through the Site, by hacking, password “mining” or other illegitimate means. You will not collect or harvest any personally identifiable data of other users or Stylists, including names or other Account information, from the Site, nor use the communication systems provided by the Site for any commercial solicitation purposes. You will not fail to deliver payment for Services purchased by you. You will not circumvent or manipulate our fee structure, the billing process, or fees owed to a Stylist for Services; post false, inaccurate, misleading, defamatory, or libelous content (including personal information about any Stylist or Site user). You will not take any action that may undermine the ratings and review systems (such as displaying, importing or exporting review information off of the Site or using it for purposes unrelated to the Site).

If we find that you have committed any of the foregoing prohibited activities or violated any other terms of these Terms of Service, we reserve the right, at our sole discretion, to immediately terminate your use of the Site.

Links to Other Web Sites

The Site may contain links to other websites, some of which may be operated by Swivel and others of which may be operated or controlled by third parties (“Third-Party Sites”), including links contained in advertisements, such as banner advertisements and sponsored links. These links are provided as a convenience to you and as an additional avenue of access to the information contained therein. The inclusion of links to Third-Party Sites is not, and should not be viewed, as an endorsement by Swivel of the Third-Party Sites or any content therein. Different terms and conditions apply to your use of Third-Party Sites. Swivel has no control over the content of Third-Party Sites, and accepts no responsibility for them and hereby disclaims all liability related to them. If you decide to access any Third-Party Sites, you do so entirely at your own risk and subject to the terms and conditions of use for such Third-Party Sites.

Trademarks and Copyrights

All trademarks, trade names, logos, images, service marks, trade dress, Content and Third-Party Content displayed on the Site (collectively, the “IP”) are the property of BeBlended or its licensors, content providers or other third parties. Nothing in these Terms of Service or on the Site shall be construed as granting, by implication, estoppel or otherwise, any license or right to use any IP without the prior written consent of BeBlended or the owner of the IP.

DISCLAIMERS

YOU HEREBY AGREE THAT YOUR USE OF THE SITE, THE CONTENT AND ANY OTHER SERVICES OR MATERIAL WE PROVIDE IN CONNECTION WITH THIS SITE IS AT YOUR SOLE RISK. THE SITE AND RELATED SERVICES AND FEATURES ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE RESERVE THE RIGHT TO RESTRICT OR TERMINATE YOUR ACCESS TO THE SITE OR ANY FEATURE OR PART THEREOF AT ANY TIME FOR ANY REASON.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, BEBLENDED EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, REGARDING ANY MATTER, INCLUDING BUT NOT LIMITED TO: (I) MERCHANTABILITY, SUITABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, NONINFRINGEMENT AND WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING; (II) RESULTS TO BE DERIVED FROM THE USE OF THE SITE OR ANY DATA, CONTENT, SERVICE, SOFTWARE, HARDWARE, DELIVERABLE OR OTHER MATERIALS RELATED TO THE SITE, OR THE AVAILABILITY OF ANY OF THE FOREGOING; (III) WHETHER THE CONTENT IS TRUE, COMPLETE, ACCURATE, NON-MISLEADING OR TIMELY; AND (IV) THE ABSENCE OF ANY VIRUSES OR OTHER HARMFUL CODE IN THE SITE OR ITS CONTENT. FURTHER, WE DO NOT REPRESENT, COVENANT OR WARRANT THAT ACCESS TO OR SERVICES PROVIDED BY THE SITE WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IF YOU DOWNLOAD ANY MATERIALS FROM THE SITE, YOU DO SO AT YOUR OWN DISCRETION AND RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIALS.

LIMITATION OF LIABILITY

EXCEPT WHERE PROHIBITED BY LAW, IN NO EVENT WILL BEBLENDED OR ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS, LICENSORS OR THIRD-PARTY PROVIDERS BE LIABLE FOR ANY DAMAGES (WHETHER DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES (INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF USE)) ARISING OUT OF OR IN ANY WAY RELATED TO THESE TERMS OF SERVICE OR YOUR USE OR INABILITY TO USE THE SITE, ANY WEBSITES LINKED TO IT, ANY CONTENT OR SERVICES MADE AVAILABLE ON THE SITE, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, EVEN IF BEBLENDED OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES (COLLECTIVELY, THE “EXCLUDED DAMAGES”). YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NEITHER BEBLENDED NOR ANY OF ITS SERVICE PROVIDERS, LICENSORS OR REPRESENTATIVES WILL BE LIABLE TO YOU FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THE SITE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY OF THE ABOVE CLAIMS OR ANY DISPUTE WITH BEBLENDED IS TO DISCONTINUE YOUR USE OF THE SITE.

IN CERTAIN JURISDICTIONS, SOME LIABILITIES CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. IN SUCH JURISDICTIONS, THE LIMITATION OF LIABILITY IN THESE TERMS OF SERVICE MAY NOT APPLY TO YOU. IF BEBLENDED CANNOT LAWFULLY DISCLAIM LIABILITY TO YOU UNDER THIS LIMITATION OF LIABILITY, BEBLENDED WILL BE LIABLE TO YOU, IN THE AGGREGATE FOR ALL CLAIMS ARISING HEREUNDER, FOR LIQUIDATED DAMAGES NOT TO EXCEED $100.00 (“LIABILITY CAP”). IN SUCH EVENT, YOU ACKNOWLEDGE AND AGREE THAT THE EXCLUDED DAMAGES FOR ALL CLAIMS ARISING HEREUNDER CANNOT BE CALCULATED WITH REASONABLE CERTAINTY. YOU FURTHER AGREE THAT THE LIABILITY CAP REPRESENTS (I) A REASONABLE APPROXIMATION OF THE EXCLUDED DAMAGES THAT YOU WILL SUFFER FOR ALL CLAIMS ARISING HEREUNDER AND THAT SUCH LIQUIDATED DAMAGES DO NOT CONSTITUTE A PENALTY, AND (II) THE EXCLUSIVE REMEDY TO YOU FOR EXCLUDED DAMAGES IN CONNECTION WITH ALL CLAIMS ARISING HEREUNDER. THE LIMITATIONS IN THIS PARAGRAPH WILL APPLY EVEN IF ANY OTHER REMEDY AVAILABLE TO YOU FAILS OF ITS ESSENTIAL PURPOSE.

LIMITATION ON TIME TO FILE CLAIMS

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATED TO THESE TERMS OF SERVICE, THE SITE (INCLUDING ANY SERVICES PROVIDED ON THE SITE) OR THE CONTENT MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OR THE CAUSE OF ACTION IS PERMANENTLY BARRED.

Termination

We may terminate or suspend your access to the Site immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Indemnification

You agree to indemnify and hold harmless BeBlended, its affiliates and their respective officers, directors, shareholders, employees, contractors, agents, licensors, service providers, successors and assigns from and against any claims, judgments, awards, losses, liabilities, expenses, damages, costs, fines, penalties and fees (including reasonable attorneys’ and experts’ fees and court costs) (collectively, “Losses”) arising out of or relating to (i) your use of the Site or its Content other than as expressly authorized in these Terms of Service; (ii) your violation of any terms of use or similar terms provided by Third-Party Providers with respect to any Third-Party Content; or (iii) claims arising from your fraud, intentional misconduct, criminal acts or gross negligence. If you cause a technical disruption of the Site or the systems transmitting the Site to you or others, you agree to be responsible for any and all Losses arising or resulting from that disruption.

Jurisdiction and Applicable Law

The Province of Ontario and the laws of Canada govern these Terms of Service and your use of the Site, without giving effect any conflict of laws provisions that would result in the application of the laws of any other state. To the maximum extent permitted by law, you irrevocably consent to the jurisdiction of the courts located in theProvince of Ontario for any action or proceeding arising out of or relating to these Terms of Service.

No Exporting

You may not use or export or re-export any Content or any copy or adaptation of such Content, or any product or service offered on the Site, in violation of any applicable laws or regulations, including without limitation Canada export laws and regulations.

Changes to These Terms of Service

BeBlended reserves the right in its sole discretion, to change, modify, add or remove any portion of these Terms of Service, in whole or in part, at any time, by posting revised terms on this Site. It is your responsibility to check for any changes we make to these Terms of Service each time you use the Site or any portion thereof. Revised terms will take effect five days after their publication on the Site and will apply only on a going-forward basis. Your continued use of the Site after that point signifies that you accept the changes.

Entire Agreement

These Terms of Service and any policies or operating rules posted on the Site (but excluding those terms and other conditions offered by the Third-Party Providers, as described in the paragraph entitled “Features and Functionality Provided by Third Parties; Third-Party Terms”) constitute the entire agreement and understanding between you and BeBlended with respect to the subject matter thereof and supersede all prior or contemporaneous communications and proposals, whether oral or written, between the parties with respect to such subject matter.

Waiver and Severability

No waiver by BeBlended of any term or condition set forth in these Terms of Service shall constitute a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of BeBlended to assert a right or provision under these Terms of Service shall not constitute a waiver of such right or provision. If any provision of these Terms of Service is held to be unlawful, void or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions will continue in full force and effect.

Remedies

At its option, BeBlended may seek all remedies available to it in these Terms of Service, under law and in equity, including injunctive relief in the form of specific performance to enforce these Terms of Service and any additional instructions, guidelines or policies issued by BeBlended (including those posted on the Site).

How to Contact Us

If you have any questions or comments about these Terms of Service or the Site, please contact us at info@beblended.ca.