העגלה שלך ריקה
BlazePod Terms and Conditions
Play Coyotta Ltd. and BlazePod Inc. (each referred to herein as “BlazePod”, “we”, “our”, “us”, or “Company”) welcomes you (the “User(s)”, or “you”) to our website www.BlazePod.co (the “Site”). The Users may use the Site in accordance with the terms and conditions hereunder.
Acceptance of the Terms
By entering, connecting to, accessing or using (including by making any purchases on or through) the Site, the BlazePod mobile application (the “App”), our product – BlazePod (the “Device”), or any other BlazePod services or offers (collectively, the “Service”), whether or not you have registered with the Site or App, you acknowledge that you have read and understood the following terms of use, including the terms of our Privacy Policy available at: www.blazepod.co/pages/privacy-policy (the “Privacy Policy”) (collectively, the “Terms”) and you agree to be bound by them and to comply with all applicable laws and regulations regarding your use of the Site and you acknowledge that these Terms constitute a binding and enforceable legal contract between BlazePod and you.
IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT ENTER TO, CONNECT TO, ACCESS OR USE THE SITE OR SERVICE IN ANY MANNER.
By agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this Site, however, you represent that you are over 13 years of age, and are not barred from receiving services under applicable law.
If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, “you” and “your” will refer and apply to that company or other legal entity.
The Site
Our Site provides information regarding our Company and our Service and allows you to submit your order for the Device.
THE CONTENT OF THE SITE, INCLUDING ANY INFORMATION, MATERIAL, DATA AND THE RESULTS OF THE USER’S USE OF THE DEVICE, IS MADE AVAILABLE FOR PERSONAL USE ONLY.
BLAZEPOD DOES NOT, EITHER EXPRESSLY OR IMPLICITLY, ENDORSE, RECOMMEND OR IN ANY MANNER ASSUME ANY RESPONSIBILITY FOR ANY LOSS, INJURY AND/OR DAMAGES INCURRED AS A RESULT, OR IN CONNECTION WITH, THE USE OF THE SITE, SERVICE AND/OR THE DEVICE AND/OR ANY DECISION MADE, OR ACTION TAKEN OR NOT TAKEN, IN RELIANCE ON THE USE OF THE SITE, SERVICE AND/OR THE DEVICE. WE DO NOT GUARANTEE THAT ANY OF THE USERS’ NEEDS WILL BE FULFILLED.
In order to use the Site you acknowledge and agree that you will be required to provide the Company with certain information, including personally identifiable information. You expressly acknowledge and agree that in order for BlazePod to provide the Service, BlazePod may have to access and/or use the information you provided to BlazePod. A comprehensive explanation regarding the information that we collect from our Users appears in our Privacy Policy.
Note: Use of the Site is entirely free of charge. However, BlazePod reserves the right to charge fees for such use in the future. In addition, you hereby acknowledge and agree that you may be charged for Internet, maintenance of network connection and data usage charges made through use of the Site, according with the applicable rates charged by your respective third party internet and data usage service provider as may be from time to time.
The Site and App also provide comprehensive information regarding BlazePod and resources such as Q&A, and may include any other content related thereto such as contact information, videos, text, logos, button icons, images, data compilations, links, other specialized content, technical data, documentation, know-how, specifications materials, designs, data, the “look and feel” of the Site and App, algorithms, source and object code, interface, GUI, interactive features related graphics, illustrations, drawings, animations, and other features obtained from or through the Site (collectively, the “Content”). In addition, we may offer a User who provides his/her e-mail address updates via e-mail regarding any BlazePod developments, etc.
ALL RIGHTS IN AND TO THE CONTENT AVAILABLE ON THE SITE, SERVICE AND CONTENT AVAILABLE THEREIN ARE RESERVED TO BLAZEPOD. TO THE EXTENT LEGALLY PERMISSIBLE, THE SITE, SERVICE AND CONTENT AVAILABLE THEREIN ARE PROVIDED ON AN “AS IS” BASIS. BLAZEPOD WILL NOT BE LIABLE FOR ANY DAMAGES OR LOSS, INCURRED BY YOU OR ANY OTHER PERSON AS A RESULT OF OR IN CONNECTION WITH YOUR USE OF THE SITE, SERVICE AND/OR THE CONTENT AVAILABLE THEREIN.
YOUR USE OF THE SITE, SERVICE AND/OR THE CONTENT IS ENTIRELY AT YOUR OWN RISK.
Order and Acceptance
Each order you submit for the Device constitutes an offer to purchase the Device. Completed orders are subject to BlazePod’s acceptance and may be rejected at any time and for any reason at BlazePod’s discretion. If BlazePod rejects your offer, BlazePod will, as your sole and exclusive remedy and BlazePod’s sole and exclusive liability, refund the amount you paid as described in by the Warranty and Refund Policies (to be found respectively athttps://www.blazepod.com/pages/warranty andhttps://www.blazepod.com/pages/refund-policy). BlazePod will send you an email to the address provided by you once the Device is shipping to indicate whether your order has been accepted or rejected. If you have any questions, comments, or concerns regarding BlazePod’s order acceptance policy, or if you believe that your order was rejected in error, please contact BlazePod at info@blazepod.co. If you do not provide your shipping information within 30 days of BlazePod’s request, BlazePod may, at its sole discretion, provide you a full refund of the amount you paid or continue to attempt to contact you. BlazePod will make reasonable efforts to contact you to provide a refund after that 30 day period, but if BlazePod does not receive a response from you within 90 days of BlazePod’s initial request for your shipping address, or if BlazePod is not able to process your refund after that 30 day period (for example, due to a cancelled credit card or closed PayPal account), then BlazePod will treat the amount that you paid as unclaimed property in accordance with applicable law.
Use Restrictions
There are certain conducts which are strictly prohibited when using the Service. Please read the following restrictions carefully. Failure to comply with any of the provisions set forth herein may result (at BlazePod’s sole discretion) in the termination of your use of the Service and may also expose you to civil and/or criminal liability. BlazePod will have the right to investigate and prosecute violations of any of the below to the fullest extent of the law. BlazePod may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. You acknowledge that BlazePod has no obligation to monitor your access to or use of the Site, Services or Content, but has the right to do so for the purpose of operating the Site and Services, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body.
You may not (and you may not permit any third party to) unless otherwise explicitly permitted under these Terms: (a) use the Site, Service and/or the Content for any illegal, immoral, unlawful and/or unauthorized purposes; (b) use the Site, Service and/or Content for non-personal or commercial purposes without BlazePod’s express prior written consent; (c) remove or disassociate, from the Content, Service and/or the Site any restrictions and signs indicating proprietary rights of BlazePod or its licensors, including but not limited to any proprietary notices contained in such materials (such as ©,™, or ®), and you represent and warrant that you will abide by all applicable laws in this respect; (d) interfere with or violate Users’ rights to privacy and other rights, or harvest or collect personally identifiable information about Users without their express consent, whether manually or with the use of any robot, spider, crawler, any search or retrieval application, or use other manual or automatic device, process or method to access the Site and retrieve, index and/or data-mine information; (e) interfere with or disrupt the operation of the Site or the servers or networks that host the Site, or disobey any laws, regulations, requirements, procedures, or policies of such servers or networks; (f) falsely state or otherwise misrepresent your affiliation with any person or entity, or express or imply that the Company endorses you, your site, your business or any statement you make, or present false or inaccurate information about the Service; (g) take any action that imposes, or may impose, an unreasonable or disproportionately large load on our platform infrastructure, as determined by us; (h) bypass any measures we may use to prevent or restrict access to the Site; (i) copy, modify, alter, adapt, replicate, make available, translate, port, reverse engineer, decompile, or disassemble any portion of the Content made available by BlazePod on or through the Site, or publicly display, reproduce, create derivative works from, perform, distribute, or otherwise use such Content; (j) copy, distribute, display, execute publicly, make available to the public, reduce to human readable form, decompile, disassemble, adapt, sublicense, make any commercial use, sell, rent, transfer, lend, process, compile, reverse engineer, combine with other software, translate, modify or create derivative works of any material that is subject to BlazePod’s proprietary rights, including BlazePod’s Intellectual Property (as such term is defined below), in any way or by any means, unless expressly permitted in the Terms and/or under any applicable laws which expressly permits such actions; (k) make any use of the Content on any other site or networked computer environment for any purpose without BlazePod’s prior written consent; (l) create a browser or border environment around BlazePod Content (no frames or inline linking is allowed); (m) sell, license, or exploit for any commercial purposes any use of or access to the Site, Service and/or Content; (n) frame or mirror any part of the Site without BlazePod’s prior express written authorization; (o) create a database by systematically downloading and storing all or any of the Content from the Site; (p) transmit or otherwise make available in connection with the Site any virus, worm, Trojan Horse, time bomb, web bug, spyware, or any other computer code, file, or program that may or is intended to damage or hijack the operation of any hardware, software, or telecommunications equipment, or any other actually or potentially harmful, disruptive, or invasive code or component; (q) impersonate or misrepresent your affiliation with any person or entity; (r) use the Service for any purpose for which the Site, and/or Service is not intended and/or (s) infringe and/or violate any of the Terms.
Registration and User Account
In order to use the Service, you must register and create an account (the “Account”). Registration can be done by completing the registration process in the Site or App, which requires you to provide the Company your full name, e-mail address, and a password. Registration may also be done by using an existing social network account (e.g., Facebook), as further detailed in our Privacy Policy.
Your Account is password protected. In order to protect the security of your Personal Information available on your Account to the greatest extent possible, you must safeguard and not disclose your Account log-in details and you must supervise the use of such Account. You must provide accurate and complete information when creating an Account and you agree to not misrepresent your identity or your Account information. You agree to keep your Account information up to date and accurate.
YOU ARE SOLELY AND FULLY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF THE PASSWORD AND ACCOUNT AND FOR ALL ACTIVITIES THAT OCCUR UNDER YOUR ACCOUNT AND AGREE NOT TO DISCLOSE YOUR PASSWORD TO ANY THIRD PARTY AND TO TAKE SOLE RESPONSIBILITY FOR ANY ACTIVITIES OR ACTIONS UNDER YOUR ACCOUNT, WHETHER OR NOT YOU HAVE AUTHORIZED SUCH ACTIVITIES OR ACTIONS.
If we in good faith believe you have created an Account impersonating another person such Account may expose you to civil and/or criminal liability.
You may not assign or transfer your rights or delegate your duties under the Account without the prior written consent of BlazePod. You must notify us immediately of any unauthorized use of your Account or any other breach of security and in such events you must change your password immediately via the settings in the Site. We cannot and will not be liable for any loss or damage arising from any failure of yours to comply with these Terms, i.e., if someone else accesses your Account through the registration information he/she has obtained from you or through a violation by you of these Terms, or for any unauthorized use of your password or Account or any other breach of security.
If you wish to either change your user name or password to log-in to the Service, or cancel and remove your Account, please send us an e-mail of your request to: info@blazepod.co. Your Account will terminate within reasonable time following your request, and from that date of termination you will no longer be able to access your Account (see further details with respect thereto in the Privacy Policy).
CANCELLING YOUR ACCOUNT MAY CAUSE THE LOSS OF CERTAIN INFORMATION YOU PROVIDED US AND/OR THE CAPACITY OF YOUR ACCOUNT. WE DO NOT ACCEPT ANY LIABILITY FOR SUCH LOSS.
Contacting us via the Site
You do not have to register in order to visit the Site. However, in order to contact us using the Site, you will need to fill out and complete the contact form. The contact form requires your name, e-mail address and may require certain additional information in the future.
Privacy Policy
We respect your privacy and are committed to protect the information you share with us. We believe that you have a right to know our practices regarding the information we collect when you connect to, access or use the Site. Our policy and practices and the type of information collected are described in detail in our Privacy Policy at www.blazepod.co/pages/privacy-policy which is incorporated herein by reference. If you intend to connect to, access or use the Site you must first read and agree to the Privacy Policy.
License
Subject to the terms hereof, BlazePod hereby grants to you, and you accept, a personal, non-exclusive, non-commercial, non-transferable, non-sublicensable and fully revocable limited license to use the Service and the Content provided in the Site in accordance with the Terms.
You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Site, Services or Content, except as expressly permitted in these Terms.
The Terms do not convey to you an interest in or to the Company Intellectual Property (defined below) but only a limited revocable right of use in accordance with the Terms. Nothing in the Terms constitutes a waiver of the Company’s Intellectual Property under any law.
To the extent you provide any feedbacks, comments or suggestions to BlazePod regarding the Site (“Feedback“), BlazePod shall have an exclusive, royalty-free, fully paid up, worldwide, perpetual and irrevocable license to incorporate the Feedback into any BlazePod current or future products, technologies or services and use such Feedback for any purpose all without further compensation to you and without your approval. You agree that all such Feedback shall be deemed non-confidential. Further, you warrant that your Feedback is not subject to any license terms that would purport to require BlazePod to comply with any additional obligations with respect to any BlazePod current or future products, technologies or services that incorporate any Feedback.
Intellectual Property Rights
The Site, the Content and the Company’s proprietary assets and any and all intellectual property rights pertaining thereto (including without limitation, any all intellectual property rights relating to the Device and/or Service), including, but not limited to, inventions, patents and patent applications, trademarks, trade names, service marks, copyrightable materials, and trade secrets, whether or not registered or capable of being registered (collectively, “Intellectual Property”), are owned by and/or licensed to the Company and are protected by applicable copyright and other intellectual property laws and international conventions and treaties. All rights not expressly granted to you hereunder are reserved by the Company and its licensors.
Trademarks and Trade names
“BlazePod”, “BlazePod™”, Play Coyotta, BlazePod’s marks and logos and all other proprietary identifiers used by the Company in connection with the Service (“Company Trademarks”) are all trademarks and/or trade names of the Company, whether or not registered. All other trademarks, service marks, trade names and logos which may appear on the Site belong to their respective owners (“Third Party Marks”). No right, license, or interest to the Company Trademarks and the Third Party Marks is granted hereunder, and you agree that no such right, license, or interest shall be asserted by you with respect to the Company Trademarks or Third Party Marks and therefore you will avoid using any of those marks.
Linking to BlazePod’s Site and Links to Third Party Sites
We welcome links to any page on our Site. You are free to establish a hypertext link to the Site so long as the link does not state or imply any connection or approval of your website, products and/or services by BlazePod, and does not portray BlazePod in a false or otherwise offensive manner. You may not link to our Site from a site that you do not own or have permission to use. In the event that you link to BlazePod’s Site you represent that your site does not contain content that is unlawful, offensive or infringing third party rights. However, we do not permit framing or inline linking.
Certain links provided herein permit our Users to leave this Site and enter non- BlazePod sites or services. Those linked sites and services are provided solely as a convenience to you. These linked sites and services are not under the control of BlazePod and it is not responsible for the availability of such external sites or services, and does not endorse and is not responsible or liable for any content including but not limited to content advertising, products or other information on or available from such linked sites and services or any link contained in linked sites or service. In addition, BlazePod is not responsible or liable for such linked sites and services’ privacy practices and/or any other practices. Your access to, use of and reliance upon any such sites, services and content and your dealings with such third parties are at your sole risk and expense. BlazePod reserves the right to terminate any link at any time. You further acknowledge and agree that BlazePod shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused, by or in connection with use of or reliance on any services, content, products or other materials available on or through such linked sites or resource. Most of such linked sites and services provide legal documents, including terms of use and privacy policy, governing the use thereof. It is always advisable and we encourage you to read such documents carefully before using those sites and services, inter alia, in order to know what kind of information about you is being collecting.
Online Payment Services
Payments to the Company are processed via certain online payment methods and service providers, such as Paypal (“Online Payment Services”). We may add or change payment methods or such service providers at our sole discretion. The Online Payment Services enable you to send payments securely online using a credit card or debit card. We do not control and are not affiliated with the providers of such Online Payment Services, as each is an independent contractor, neither is the agent or employee of the other, and neither is responsible in any way for the actions or performance (or lack thereof) of the other. The use of the Online Payment Services is at your sole discretion and liability. It is your responsibility to abide by all the terms specified by the Online Payment Services’ providers in their terms of use and privacy policies. You acknowledge that you are fully assuming the risks of conducting any transactions via the Online Payment Services in connection with our services.
Social Media Features
The Service may include social sharing and posting features and other integrated tools (for example the Facebook “Like” and “Share” buttons, sharing and posting content via Twitter, YouTube, Facebook, Google+ and e-mail etc.) (“Social Features”).
The Social Features are operated or allow for social integration with certain third party social networks or third party platforms (“Social Network” or “Platform”). These are created and maintained by third parties who are not affiliated with and/or controlled by BlazePod. If you enable this integration, your use of the Social Features is subject to the applicable third party Social Network or Platform terms of use and privacy policies. If you do not agree to the practices described in such terms you should disable our Site’s integration with such Social Networks or Platforms, however you may find that you are not able to enjoy all the features available by our Service. BlazePod is not responsible and has no liability for your use of such Social Networks or Platforms.
Special provisions relating to Third Party Components
The Site may use or include third party software, files and components that are subject to open source and third party license terms (“Third Party Components”). Your right to use such Third Party Components as part of, or in connection with, the Site is subject to any applicable acknowledgements and license terms accompanying such Third Party Components, contained therein or related thereto. If there is a conflict between the licensing terms of such Third Party Components and these Terms, the licensing terms of the Third Party Components shall prevail in connection with the related Third Party Components. These Terms do not apply to any Third Party Components accompanying or contained in the Site and BlazePod disclaims all liability related thereto. You acknowledge that BlazePod is not the author, owner or licensor of any Third Party Components, and that BlazePod makes no warranties or representations, express or implied, as to the quality, capabilities, operations, performance or suitability of Third Party Components. Under no circumstances shall the Site or any portion thereof (except for the Third Party Components contained therein) be deemed to be “open source” or “publicly available” software.
Availability
The Services’ availability and functionality depends on various factors, such as communication networks. BlazePod does not warrant or guarantee that the Service will operate and/or be available at all times without disruption or interruption, or that it will be immune from unauthorized access or error-free.
Changes to the Site
BlazePod reserves the right to modify, correct, amend, enhance, improve, make any other changes to, or discontinue, temporarily or permanently this Site (or any part thereof, including but not limited to the Content) without notice, at any time. In addition, you hereby acknowledge that the Content provided under this Site may be changed, extended in terms of content and form or removed at any time without any notice to you. You agree that BlazePod shall not be liable to you or to any third party for any modification, suspension, or discontinuance of this Site or the Content included therein. You hereby agree that the Company is not responsible for any errors or malfunctions that may occur in connection with the performing of such changes.
Disclaimer of Warranties
PLEASE NOTE: WARRANTIES WITH RESPECT TO THE DEVICE ARE SPECIFIED IN THE FOLLOWING LINK: WWW.BLAZEPOD.CO/PAGES/WARRANTY
TO THE FULLEST EXTENT LEGALLY PERMISSIBLE, THE SITE, SERVICE AND THE CONTENT ARE PROVIDED ON AN “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE” BASIS, AND BLAZEPOD, INCLUDING ITS VENDORS, OFFICERS, SHAREHOLDERS, SUB-CONTRACTORS, DIRECTORS, EMPLOYEES, AFFILIATES, SUBSIDIARIES, LICENSORS, AGENTS AND SUPPLIERS (COLLECTIVELY, “BLAZEPOD’S REPRESENTATIVES”), DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTIES OF USE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND THOSE ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE. YOU MAY HAVE ADDITIONAL CONSUMER RIGHTS UNDER YOUR LOCAL LAWS THAT THIS AGREEMENT CANNOT CHANGE.
THE DEVICE, SITE, SERVICE AND THE CONTENT THEREIN ARE PROVIDED FOR PERSONAL USE ONLY AND DO NOT PROVIDE OR CONSTITUTE PROFESSIONAL, MEDICAL OR PARAMEDICAL ADVICE OR HEALTHCARE SERVICES AND MUST NOT BE RELIED UPON AS SUCH. YOU SHOULD MAKE ALL MEDICAL OR HEALTH RELATED DECISIONS ON THE BASIS OF PROFESSIONAL ADVICE FROM A LICENSED PHYSICIAN OR QUALIFIED HEALTH CARE PROFESSIONAL WHO IS FULLY AWARE OF YOUR INDIVIDUAL CIRCUMSTANCES. IF YOU EXPERIENCE A MEDICAL EMERGENCY, STOP USING THE SERVICE AND CONSULT WITH A MEDICAL PROFESSIONAL. THE DEVICE IS NOT FDA APPROVED.
WE DO NOT WARRANT (I) THAT THE USE AND OPERATION OF THE SERVICE IS OR WILL BE SECURE, TIMELY, ACCURATE, COMPLETE, UNINTERRUPTED, WITHOUT ERRORS, OR FREE OF VIRUSES, DEFECTS, WORMS, OTHER HARMFUL COMPONENTS OR OTHER PROGRAM LIMITATIONS, (II) THAT BLAZEPOD WILL CORRECT ANY ERRORS OR DEFECTS IN THE SERVICE, (III) AND/OR MAKE ANY REPRESENTATION REGARDING THE USE, INABILITY TO USE OR OPERATE, OR THE RESULTS OF THE USE OF THE SITE, SERVICE AND/OR THE CONTENT AVAILABLE THEREON OR THROUGH THE SITE (INCLUDING THAT THE RESULTS OF USING THE SITE WILL MEET YOUR REQUIREMENTS). BLAZEPOD AND BLAZEPOD’S REPRESENTATIVES DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE USE OF THE SERVICE, INCLUDING BUT NOT LIMITED TO THE AVAILABILITY, RELIABILITY OR THE QUALITY OF THE SERVICE, AND ARE NOT AND SHALL NOT BE RESPONSIBLE FOR ANY ERROR, FAULT OR MISTAKE RELATED TO ANY CONTENT AND INFORMATION DISPLAYED WITHIN THE SITE OR SERVICE.
WE ARE NOT RESPONSIBLE AND HAVE NO LIABILITY FOR ANY ITEM OR SERVICE PROVIDED BY ANY PERSON OR ENTITY OTHER THAN BLAZEPOD.
WE ARE NOT RESPONSIBLE FOR ANY CONSEQUENCES TO YOU OR OTHERS THAT MAY RESULT FROM TECHNICAL PROBLEMS (INCLUDING WITHOUT LIMITATION IN CONNECTION WITH THE INTERNET SUCH AS SLOW CONNECTIONS, TRAFFIC CONGESTION, OVERLOAD OF SERVERS, DELAYS OR INTERRUPTIONS) OR ANY TELECOMMUNICATIONS OR INTERNET PROVIDERS.
YOU AGREE THAT USE OF THE SITE, SERVICE AND/OR THE CONTENT IS ENTIRELY AT YOUR OWN RISK.
INASMUCH AS SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSIONS OR LIMITATIONS AS SET FORTH HEREIN, THE FULL EXTENT OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY.
Limitation of Liability
TO THE MAXIMUM EXTENT LEGALLY PERMISSIBLE, IN NO EVENT SHALL BLAZEPOD, INCLUDING BLAZEPOD’S REPRESENTATIVES BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, CONTRACT, NEGLIGENCE, TORT OR STRICT LIABILITY) (INCLUDING WITHOUT LIMITATION, LOSS OF GOODWILL, PROFITS OR DATA AND BUSINESS INTERRUPTION) ARISING HEREUNDER, RESULTING FROM OR ARISING OUT OF THE SITE, SERVICE AND/OR THE CONTENT YOUR USE OR INABILITY TO USE OF THE SITE, SERVICE AND/OR THE CONTENT AND/OR THE FAILURE OF THE SITE TO PERFORM AS DESCRIBED OR EXPECTED, OR FROM THE PERFORMANCE OR FAILURE OF BLAZEPOD TO PERFORM UNDER THESE TERMS, ANY OTHER ACT OR OMISSION OF BLAZEPOD OR BLAZEPOD’S REPRESENTATIVES, BY ANY OTHER CAUSE WHATSOEVER; OR BASED UPON BREACH OF WARRANTY, GUARANTEE OR CONDITION, BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT, OR ANY OTHER LEGAL THEORY, REGARDLESS OF WHETHER BLAZEPOD (OR BLAZEPOD’S REPRESENTATIVES) HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN ANY CASE, WITHOUT LIMITING THE GENERALITY OF THE AFOREGOING AND TO THE MAXIMUM EXTENT LEGALLY PERMISSIBLE, BLAZEPOD’S AND BLAZEPOD’S REPRESENTATIVES’ TOTAL AGGREGATE LIABILITY FOR ALL DAMAGES OR LOSSES WHATSOEVER ARISING HEREUNDER OR IN CONNECTION WITH YOUR USE OR INABILITY TO USE THE SITE, SERVICE AND/OR THE CONTENT SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU, IF ANY, TO BLAZEPOD FOR USE OF THE SITE OR $US1.00, WHICHEVER IS GREATER. THE LIMITATION OF LIABILITY PROVISIONS WHICH APPLY TO ANY RESPONSIBILITIES OF THE APPLICABLE PLATFORM PROVIDER ARE SET FORTH IN THEIR APPLICABLE USAGE RULES. YOU WILL NOT, AND WAIVE ANY RIGHT TO, SEEK TO RECOVER ANY OTHER DAMAGES, INCLUDING CONSEQUENTIAL, LOST PROFITS, SPECIAL, INDIRECT OR INCIDENTAL DAMAGES FROM US AND FROM BLAZEPOD’S REPRESENTATIVES.
INASMUCH AS SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSIONS OR LIMITATIONS AS SET FORTH HEREIN, THE FULL EXTENT OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY.
Indemnification
You agree to defend, indemnify and hold harmless BlazePod and BlazePod Representatives from and against any and all claims, damages, obligations, losses, liabilities, costs, debts, and expenses (including but not limited to attorney’s fees) arising from: (i) your use, misuse of, inability to use and/or activities in connection with the Site, Service and/or Content; (ii) your violation of any of these Terms; (iii) your violation of any third party rights, including without limitation any intellectual property rights or privacy right of such third party with respect to your use of the Service; and (iv) any damage of any sort, whether direct, indirect, special or consequential, you may cause to any third party with relation to the Service. It is hereby clarified that this defense and indemnification obligation will survive these Terms.
Without derogating from the foregoing, we reserve the right to assume the exclusive defense and control of any matter which is subject to indemnification by you, which will not excuse your indemnity obligations hereunder and in which event you will fully cooperate with us in asserting any available defense. You agree not to settle any matter subject to an indemnification by you without first obtaining our prior express written approval.
Amendments to the Terms
The Company may, at its sole discretion, change the Terms from time to time, including any other policies incorporated thereto, so please re-visit this page frequently. In case of any material change, we will make reasonable efforts to post a clear notice on the Site and/or will send you an e-mail (to the extent that you provided us with such e-mail address) regarding such change. Such material changes will take effect seven (7) days after such notice was provided on our Site or sent via e-mail, whichever is the earlier. Otherwise, all other changes to these Terms are effective as of the stated “Last Revised” and your continued use of the Site on or after the Last Revised date will constitute acceptance of, and agreement to be bound by, those changes. In the event that the Terms should be amended to comply with any legal requirements, the amendments may take effect immediately, or as required by the law and without any prior notice.
Termination or Suspension of your Account, Termination of these Terms and the Termination of the Site’s operation
These Terms shall remain in effect until terminated as set forth herein. Your failure to comply herewith shall terminate your license and these Terms. In the event of your failure to comply herewith BlazePod may immediately temporarily or permanently limit, suspend or terminate your Account. In addition, BlazePod may temporarily or permanently limit, suspend or terminate your Account. If you object to any term hereof, as may be amended from time to time, or become dissatisfied with the Service, you may terminate these Terms at any time by exiting our Site and stopping your use thereof and this will be your sole remedy in such circumstances. In such circumstance and upon termination of these Terms in the event of your failure to comply herewith: (i) the license and all other rights granted to you hereunder will automatically terminate, and (ii) the provisions of these Terms that, by their nature and content, must survive the termination of these Terms in order to achieve the fundamental purposes of these Terms shall so survive. Without limiting the generality of the forgoing, the Intellectual Property, Disclaimer of Warranties, Limitation of Liability, Indemnification and General sections will survive the termination of the Terms.
Additionally, BlazePod may at any times, at its sole discretion, cease the operation of the Service or any part thereof, temporarily or permanently, correct, modify, amend, enhance, improve and make any other changes thereto or discontinue displaying or providing any information, content or features therein without giving any prior notice. You agree and acknowledge that BlazePod does not assume any responsibility with respect to, or in connection with the termination of the Site’s operation and loss of any data.
BlazePod reserves the right to revoke your access and use of the Site, Services and Content at any time, with or without cause.
You may cancel your Account at any time by sending an email toinfo@blazepod.co.
General
(a) These Terms constitute the entire terms and conditions between you and the Company relating to the subject matter herein, including the Site, Service and Content, and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and the Company regarding the Site, Service and Content, (b) any claim relating to the Site, Service or the Content contained therein will be governed by and interpreted in accordance with the laws of the State of Israel without reference to its conflict-of-laws principles and the United Nations Convention Relating to a Uniform Law on the International Sale of Goods may not be applied, (c) any dispute arising out of or related to the Site, Service or Content contained therein will be brought in, and you hereby consent to exclusive jurisdiction and venue in, the competent courts of the Tel-Aviv District, Israel. You agree to waive all defenses of lack of personal jurisdiction and forum non-convenience and agree that process may be served in a manner authorized by applicable law or court rule. Notwithstanding the foregoing, BlazePod may seek injunctive relief in any court of competent jurisdiction, (d) these Terms do not, and shall not be construed to create any relationship, partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between the parties hereto, (e) The failure of BlazePod to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that 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 BlazePod. 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. (f) Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof, (g) YOU ACKNOWLEDGE AND AGREE THAT ANY CAUSE OF ACTION THAT YOU MAY HAVE ARISING OUT OF OR RELATED TO THE SITE, SERVICE AND/OR THE DEVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED, (h) if any provision hereof is adjudged by any court of competent jurisdiction to be unenforceable, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect while most nearly adhering to the intent expressed herein, (i) you may not assign or transfer these Terms (including all rights and obligations hereunder) without our prior written consent and any attempt to do so in violation of the foregoing shall be void. We may assign or transfer these Terms without restriction or notification, (j) no amendment hereof will be binding unless in writing and signed by BlazePod, and (k) the parties agree that all correspondence relating to these Terms shall be written in the English language.
Contacting BlazePod
If you have any questions (or comments) concerning the Terms, you are most welcome to send us an e-mail and we will make an effort to reply within a reasonable time frame: info@blazepod.co
