Blended Edge, LLC (the “Company”) is a limited liability company organized under the laws of Ohio. This agreement (the “Agreement”) sets forth the terms and conditions governing the use of Company web properties at blendededge.com and subdomains thereof (the “Website”), including the images, graphics, illustrations, design, icons, photographs, written and other materials published within the Website (the “Content”). By accessing, browsing or using the Website, you as the accessor (“You” or “Your”, as applicable) are entering into a binding and enforceable agreement to be bound by all of the terms and conditions of this Agreement.
Please carefully review the terms of this Agreement. If You do not wish to accept this Agreement, do not browse, access, or use the Website.
Thus, if You browse, access, or use the Website and/or its Content, You are agreeing to the following in exchange for the mutual commitments and obligations set forth in this Agreement:
1. Binding Terms and Changes
By browsing, accessing, or using the Website, You acknowledge that You have read and understood this Agreement, and You agree to be bound by all of the terms and conditions of this Agreement. Company may change the terms of this Agreement from time to time. Any changes to this Agreement will be posted on the Website and will become effective and be binding on You immediately upon posting. Company also may change the terms by notifying You by any other reasonable form of notification, effective immediately upon notice being provided. Your continued use of the Website following such notice constitutes Your acceptance of those changes.
The Website and Content are copyrighted © 2022 by Company. All rights reserved. While Company grants You the nonexclusive and limited right to use the Website and Content as set forth in this Agreement, You acknowledge that Company is the sole and exclusive owner of the entire copyright and other proprietary rights in and to the Content. All uses of the Content are subject to Company’s copyright and other intellectual property rights.
3. Limitation of Liability
In no event shall Company, its affiliates, directors, officers, employees, agents and licensors be liable to you or to any third party for any special, incidental, indirect, consequential, or punitive damages of any kind, or any damages whatsoever resulting from loss of use, data or profits, whether or not advised of the possibility of damage, and on any theory of liability (whether in contract, tort or otherwise), arising out of or in connection with the use of Website or Content.
The Website and Content are provided "as is," and you rely on the Content at your own risk. There are no representations or warranties of any kind, either express or implied, including, but not limited to: no representations or warranties of merchantability or fitness for a particular purpose; no representations or warranties as to the accuracy or completeness of the service; and no representations or warranties that the service or anything else provided pursuant to this Agreement will not infringe proprietary rights of third parties.
Descriptions of, or references to, products or publications does not imply endorsement of that product or publication.
The Website and/or the Content are provided for general information and illustrative purposes only and do not constitute financial, legal or other professional advice. Company accepts no responsibility or liability for any loss which may arise from reliance on information contained on the Website and/or the Content.
4. Term and Termination
This Agreement will become effective upon Your acceptance of the terms of this Agreement by accessing Website as set forth in Section 1, subject to the terms and conditions of this Agreement, will remain in effect until terminated by Company. Company may discontinue or change the Website, Content, or its availability to You, at any time without notice.
5. No Assignment
This Agreement is personal to You, and You may not assign your rights or obligations to anyone.
6. No Waiver
Neither failure or delay on the part of any party to exercise any right, remedy, power or privilege hereunder nor course of dealing between the parties shall operate as a waiver thereof, or of the exercise of any other right, remedy, power or privilege. No term of this Agreement shall be deemed waived, and no breach consented to, unless such waiver or consent shall be in writing and signed by the party claimed to have waived or consented. No waiver of any rights or consent to any breaches shall constitute a waiver of any other rights or consent to any other breach.
If any provision in this Agreement is held invalid or unenforceable under applicable law, the remaining provisions shall continue in full force and effect, and the Agreement shall be deemed reformed by replacing such invalidated or unenforceable provision with a valid and enforceable provision that corresponds as closely as possible to the intentions of the parties as expressed by the invalidated or unenforceable provision.
8. Governing Law and Venue
This Agreement will be governed by and construed in accordance with the laws of the state of Ohio, without regard to conflicts of law principles and without regard to any presumption or rule requiring construction or interpretation against the party drafting or causing any instrument to be drafted. You hereby submit to and agree that the sole jurisdiction and venue for any actions that may arise under or in relation to the subject matter hereof shall be the courts located in the state of Ohio and venued in Franklin County, Ohio. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods.
9. Entire Agreement