Last revised: November 16, 2024
Welcome to Blaze! We’re the smarter platform for you to build tools and apps without writing code.
1. INTRODUCTION
a. These Terms and Conditions (the “Terms”) are a legal agreement between you (“Licensee” or“you” and its derivatives) and Blaze Technology, Inc. (“Blaze” or “we” and its derivatives). These Terms govern your use of Blaze’s website at https://blaze.tech, (the “Site”) and your access to and use of our application builder, hosting, and management platform (collectively, the “Platform”). Except where specifically noted below, all references to the Platform include the Site as well. Blaze’s Privacy Policy is incorporated by reference into these Terms and details how we collect, use, and protect information about individuals.
b. To use the platform, you must be 18 or older (or the age of majority in the jurisdiction from which you are accessing the Platform), or you must be 13 or older and have your parent or guardian’s consent. If you are a parent or guardian agreeing to these Terms for your child, you are legally responsible for their use of the Platform and agree that you and your child will abide by these Terms. The Platform is not intended for anyone under 13 and individuals under 13 may not use the Platform.
c. By accessing or using the Platform, you represent and warrant that: (i) you have the legal right to do so, (ii) you meet the age requirements in Section 1(b)and (iii) you have the power to enter into a binding contract with us – either for yourself, your child, or on behalf of the entity on whose behalf you are using the Platform and which will be bound to these Terms and any additional terms and conditions you may be required to click through from time to time to access certain features or portions of the Platform. You acknowledge and agree that (i) you will take reasonable precautions to safeguard your account information and credentials and (ii) you are responsible for the use of the Platform by anyone accessing the Platform using your account or credentials. You are required to affirmatively accept these terms when you sign up and login to the Platform. If you do not agree to these Terms, you cannot use or access the Platform.
d. These Terms do not apply to any third party websites, services and applications (collectively, “Third Party Services”) that you may access through the Platform, such as payment processors or messaging applications. We are not responsible for the content or practices of Third Party Services, and any links to Third Party Services that appear on the Platform are provided only for the convenience of our users. We encourage you to carefully review the terms of service of any Third Party Service you access through the Platform.
e. We may change these Terms at any time. When we do so, we will make a new copy of theTerms available on this page. Any changes to the Terms will be effective immediately for new users and five (5) days after notice of such changes is posted on the Site for existing users; provided, however, that any change that is made to comply with changes in applicable law will be effective immediately.
2. PLATFORM LICENSE
a. License. Subject to these Terms, Blaze grants you a non-exclusive, non-transferable, non-sublicensable, limited and revocable license for the Term to: (i) access and use the functionality of the Platform to build, host and manage web applications and other Internet-based services (collectively, a “Blaze App”)that may be made available to members of the general public (each such individual accessing a Blaze App, an “End User”). The license granted in thisSection 2(a) includes the right to access, use, and make a reasonable number of copies of any written descriptions of the functionality, technical requirements, or use of the Platform (collectively, “Documentation”), and (b)use any changes to the Platform made available to all Blaze clients at no additional cost (each, an “Update”) when each Update is made available. AnyUpdates remain subject to these Terms, as they may be modified from time to time.
b. Restrictions. Except as explicitly permitted in these Terms, you may not, directly or indirectly: (i) modify or create derivative works of the Platform; (ii) decompile, reverse engineer, or translate any portion of the Platform into human-readable form (except to the extent expressly allowed by applicable law); (iii) rent, lease, share, distribute, or sell the Platform to any third party, including on a service bureau or similar basis, without explicit written approval from Blaze; (iv) remove, alter or deface proprietary notices or marks in the Platform or Documentation; (v) disclose the results of testing or benchmarking of the Platform; (vi) circumvent or disable the Platform’s security, copyright protection, or license management mechanisms, (vii)interfere with the Platform’s operation or use of the Platform by other parties, or introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful; (viii) use the Platform to violate the law (including, without limitation, any laws regarding the export of data or software to and from the US or other countries) or the rights of any third party; (ix) use the Platform in a manner harmful to others, whether or not in violation of law, including, but not limited to, (A) for the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise; (B) sending, knowingly receiving, uploading, downloading, using, or re-using any material that violates the ContentStandards; (C) transmitting, or procuring the sending of, any advertising or promotional material without our prior written consent, including any"junk mail," "chain letter," "spam," or any other similar solicitation; (D) impersonating or attempting to impersonate Blaze, a Blaze employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing); or (E) engaging in any other conduct that restricts or inhibits anyone's use or enjoyment of the Platform, or which, as determined by us, may harm Blaze or users of the Platform, or expose them to liability; (x) access or attempt to access any other Platform systems, programs, data or accounts that are not made available for public or your use, (xi) use any robot, spider, or other automatic device, process, or means to access the Platform for any purpose, including monitoring or copying any of the material on the Platform, or (xii) attempt to do, or allow any person to do, any of the foregoing. Blaze may take any actions it deems reasonable, including denying access to Users, suspending a Blaze App, or terminating your Subscription for any breach of this Section 2(b) or in response to any actions that, in Blaze's sole determination, are undertaken with the intent of violating or circumventing these restrictions.
3. USE OF THE PLATFORM
a. Accounts.
i. To access the Platform’s app builder and management tools you must create an account (an“Account”). Every individual with such access is a “Direct User” (as opposed toEnd Users, who are visitors to Blaze Apps) and, unless the circumstance clearly indicates otherwise, all references to “you” in this Agreement also apply to Direct Users. When you create or update an Account, you must provide information that lets us contact you and process payments through our third party payment processor. All personal information that we collect in relation to your Account is subject to our Privacy Policy; information collected by the payment processor is subject to their equivalent policy. Blaze is not responsible for the terms of any third party's privacy policy or the third party's failure to abide thereby. You agree to keep all Account information accurate, current and complete for so long as you are using the Platform.
ii. If you design, operate, or maintain Blaze Apps for third parties on a commercial basis, your clients must also comply with and agree to our Terms.
b. Security. Each Direct User must establish login credentials to access the Platform and is responsible for maintaining the confidentiality of such credentials. You must immediately inform Blaze of any suspected unauthorized use of the Platform. Blaze cannot and will not be liable for any loss or damage arising from a failure to safeguard Account credentials or unauthorized use of such credentials.
c. User Contributions. The Platform, Blaze Apps or Third Party Services may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards and other interactive features (collectively, "InteractiveServices") that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, "post") content or materials (collectively, "User Contributions"). All UserContributions will be considered Direct User Content and must comply with theContent Standards set out in these Terms. Any User Contribution will be considered non-confidential and non-proprietary and subject to the grant of license set forth in Section 5(c).
You represent and warrant that: (i) you own, control, or have obtained rights in and to the User Contributions sufficient to grant the above-referenced license; (ii) all User Contributions do and will comply with these Terms.
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute or allow to be submitted by End Users on a Blaze App or the Platform, and as between you and Blaze, you, not Blaze, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness. We are not responsible or liable to any third party for the content or accuracy of any User Contributions.
d. Content Standards. These content standards apply to any and all UserContributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not: (i) infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person; (ii) violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms and our Privacy Policy; (iii) give the impression that they emanate from or are endorsed by Blaze or any other person or entity, if this is not the case.
4. BLAZE OBLIGATION
a. Availability. Blaze will use commercially reasonable efforts to maintain the availability of the Platform, except for scheduled downtime and any unavailability caused by events beyond our reasonable control, including but not limited to events such as fires, accidents, natural disasters, government actions, civil unrest or terrorist acts, Internet service provider or other utility provider failures or delays, or denial of service or other attacks that would not be stopped by the use of standard security measures.
b. Security. Blaze will employ industry-standard technical, logical, and physical security measures and practices for the Platform and any Blaze systems on which Direct User Content (as defined in Section 5(a)) is stored or processed.
c. Support. Blaze will make available to you all Updates to the Platform applicable to your Account as and when they become available. Direct Users with paid Subscriptions have access to email support at support@blaze.tech.
d. Monitoring and Enforcement. Blaze reserves the right, but not the obligation, to: (i) take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Platform or the public, or could create liability for the Company; (ii) disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy; (iii) take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Platform; (iv) terminate or suspend your access to all or part of the Platform for any or no reason, including without limitation, any violation of these Terms.
Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Platform. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
Blaze does not undertake to review material before it is posted on the Platform or a Blaze App and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
5. BLAZE APPS AND DIRECT USER CONTENT
a. General. You are responsible for all text, images, photographs, or other materials provided or uploaded by you or Direct Users associated with your Account to the Platform or Site (“Direct User Content”). Direct User Content includes (i) all content of Blaze Apps, (ii) the design and workflow of a Blaze App, (iii) all data generated by or submitted to a Blaze App (including information relating to End Users), (iv) any templates or integrations, and (v) any comments, reviews, responses or other information posted in any Interactive Services.
b. End User Content and Blaze App Terms. If End Users are allowed to post content on a Blaze App, including but not limited to User Contributions, such content will be deemed Direct User Content of the Direct User(s) who own the Account(s) associated with such Blaze App. Each Blaze App must include terms of use that (i) are at least as protective of Blaze, and (ii) grant the controller of the BlazeApp the same rights with respect to removal and treatment of End User content, that Blaze has with respect to Direct User Content set forth in these Terms.
c. License to Blaze. By posting, displaying, sharing or distributing Direct User Content on or through the Platform, you grant Blaze, its affiliates, and any applicable Third Party Services a nonexclusive license to use, store, distribute and display such Direct User Content during the Term (as defined in Section 10) solely for the purpose of operating the Platform and providing related services. Blaze is acquiring no rights in the Direct User Content except for the limited license set forth above.
d. Compliance and Preservation. Blaze may access, preserve and disclose Account information and / or Direct User Content if Blaze is required to do so by applicable law, or if we believe in good faith that such access, preservation or disclosure is reasonably necessary to (i) comply with law or legal process, (ii) enforce these Terms, (iii) respond to claims that any Direct User Content violates the rights of third parties, (iv) respond to your requests for customer service, or(v) protect the rights, property or personal safety of the Platform, Blaze, our employees, directors or officers, partners and agents, or members of the public.
6. OWNERSHIP
a. Platform. Blaze retains all right, title and interest in and to the Platform, Documentation and all Updates, and all modifications, adaptations and derivative works thereof, including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof, and each are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
b. Direct User Content. You retain all right, title, and interest in and to your Direct User Content. For the avoidance of doubt, you may re-use any Direct User Content on other web platforms or media.
c. Usage Information. Blaze owns all data regarding installation, registration, and use of the Platform, and related to Platform performance, including but not limited to data reflecting response times, load averages, usage statistics, and activity logs, (collectively, “Usage Information”). Usage Information includes information about Blaze Apps. Usage Information does not include any personally identifiable information or End User Information but may include aggregated information derived from Direct User Content. Usage Information is used to contribute to analytical models used by Blaze, to monitor and improve the Platform, and to perform Blaze’s obligations under this Agreement.
d. Marks. You and Blaze each retain all right, title and interest in and to their respective trademarks, service marks, logos, name, branding, and equivalent identifiers (“Marks”). You grant Blaze a limited, non-exclusive, non-transferable, sublicensable right to use your Marks on the Platform and as otherwise required to fulfill its obligations hereunder and as set forth In Section 12(e), consistent with your standard guidelines regarding the use of the Marks. Except for the reproduction of Blaze Marks as specifically permitted herein, you may not use Blaze Marks for any purposes, including in a way that suggests you are endorsed by or associated with Blaze in anything other than a customer relationship, or in connection with the marketing of, your Blaze Apps or other services related to Blaze.
e. Feedback. Any feedback, comments, or suggestions you may provide regarding us, thePlatform, or other services we offer (“Feedback”) is entirely voluntary and you hereby grant Blaze a perpetual, irrevocable, and royalty-free right and license to use all Feedback in any lawful manner whatsoever, without any obligation to you.
7. THIRD PARTY MATERIAL
a. Third Party Services. You are responsible for complying with the terms of use of all Third Party Services applicable to your use of the Platform. Blaze is not responsible for the performance or non-performance of Third Party Services.
b. Third Party Content. Blaze may make content from third parties, including data provided by Third Party Services (“Third Party Content”), available via the Platform. Blaze is not responsible for the accuracy or completeness of Third Party Content. If Blaze is requested to remove Third Party Content by a party, and Blaze, in its sole determination, believes to have a colorable claim of right to demand such removal, or is notified that certain Third Party Content may violate applicable law or third party rights, Blaze may remove such Third Party Content without notice.
c. Open Source Software. Certain items of code provided with or accessed via the Platform are subject to “open source” or “free software” licenses (“OSS”). Each item of OSS is licensed under the terms of the license that accompanies such OSS.
8. FEES
a. Subscription. You do not need to pay to access the Platform, but certain features of the Platform are only available with a paid access plan (a “Subscription”). Subscription levels, features, and pricing are available at https://Blaze.tech/pricing. Fees for Subscriptions (“Subscription Fees”) are due in accordance with the final terms agreed upon by you and Blaze at the completion of the sales process. All Subscription Fees and other payments or credits related to your Account will be made in accordance with the charges and billing terms in effect when such payment is due or funds are received. You must provide us with a valid credit card or other payment method that we accept (“Payment Provider”), prior to starting a Subscription. Your use of the credit card is subject to the terms of the cardholder agreement between you and thePayment Provider, and Blaze is not a party to that agreement. By providing your payment information, you agree that we may invoice you for all fees and charges when they become due to us without additional notice or consent. We may change our fees and billing practices at any time, either by posting notice of such change on our website or notifying you within the Platform, provided that any pre-paid fees for Services not yet completed will not be affected by such change.
b. Automatic Renewal. Subscriptions will automatically renew at the rates then in effect until canceled as set forth in Section 8(c). By subscribing, you authorize us to charge your Payment Provider at the beginning of any subscription period. Upon renewal of your Subscription, if we do not receive payment from your Payment Provider, you will either pay all amounts due on your Account within fifteen (15) days of the date such payment was due. If payment Is not received from you or your Payment Provider within fifteen (15) days of the due date,Blaze may terminate your Subscription and shall not be obligated to provide further access or services.
c. Cancellation. Subscriptions may be canceled at any time in your Blaze "Account" page or contacting us via email at support@blaze.tech. Monthly Subscriptions may be terminated at any time. Annual Subscriptions will automatically renew for an additional year at the then-current price for the selected Services unless canceled prior to the anniversary of the applicable Subscription Start Date. Canceled Accounts will immediately lose access to paid features on the Platform and other paid Blaze services upon cancellation, including connection with any custom domain you may have set up. Subscription Fees are non-refundable, even if your Subscription is cancelled prior to the end of a subscription period.
9. CONFIDENTIAL INFORMATION
a. General. “Confidential Information” means non-public or proprietary information in any form disclosed by or on behalf of either party that (i) is marked or identified as “confidential” or with a similar designation, or (ii) by its nature or the circumstances of its disclosure ought reasonably to be treated as confidential.The Platform, Documentation, and Usage Information are Blaze ConfidentialInformation. Each party may have access to the other party’s Confidential Information as a result of this Agreement. Confidential Information is the sole property of the disclosing party.
b. Use. Each party will: (i) only use Confidential Information to fulfill its obligations hereunder and/or as contemplated by these Terms and the Privacy Policy; (ii)only provide access to Confidential Information on an “as-needed” basis to its personnel, agents, and/or consultants who are bound by obligations materially similar to this Section 9(b), and (iii) maintain Confidential Information using methods at least as protective as it uses to protect its own information of a similar nature, but in no event with less than a reasonable degree of care. The obligations in this Section 9(b) will apply during and for three (3) years after the Term, except in the case of Confidential Information that is a trade secret, in which case the obligations will remain in effect as long as the trade secret is maintained.
c. Exceptions. Confidential Information does not include information that is: (i) publicly available when disclosed or becomes publicly available without fault of the recipient after disclosure; (ii) rightfully learned by recipient from entities not bound to keep such information confidential, (iii) independently developed by recipient; or (iv) approved for unrestricted disclosure by the disclosing party. In addition, a recipient may disclose the other party’s Confidential Information as required by court order or applicable law (provided that, to the extent legally permissible, the recipient promptly notifies the other party of such requirement and cooperates with the other party’s reasonable efforts to prevent or limit the scope of such disclosure, at the other party's expense).
10. TERM AND TERMINATION
a. Term. These Terms will remain in effect for so long as you access the Site or use thePlatform and/or, subject to the survival provision of Section 10(d), for the duration of any active Subscription (the “Term”).
b. Termination by Blaze. If timely payment cannot be charged to your Payment Provider for any reason, if you have materially breached any provision of these Terms, or if we are required to do so by law, we may, immediately and without notice, suspend or terminate your Account. We will not be liable to you or any third party for any such termination, except that, if we stop offering the Platform where required to do so by law, we will refund any prepaid Subscription Fees for the remainder of the Term then in effect within thirty (30) days of the date of termination.
c. Termination by You. Subscriptions may be canceled at any time by contacting Blaze. Following the termination date of your Subscription, these Terms will no longer apply to you unless (and only to the extent that) you access the Site.
d. Effect of Termination. Upon expiration or termination of this Agreement for any reason, the rights and licenses granted under this Agreement will immediately terminate. Sections 6, 9, 10(d), 11 and 12 will survive the termination or expiration of this Agreement for any reason.
11. DISCLAIMER; LIMITATION OF LIABILITY;INDEMNIFICATION
a. WARRANTY. THE PLATFORM IS PROVIDED “AS IS” AND ON AN "AS AVAILABLE" BASIS WITHOUT WARRANTY OR REPRESENTATION OF ANY KIND. BLAZE MAKES NO PROMISES, REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, ARISING FROM COURSE OF DEALING, USAGE OR TRADE PRACTICE, OR OTHERWISE, WITH RESPECT TO THE PLATFORM, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF NONINFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. BLAZE DOES NOT WARRANT THAT THE PLATFORM WILLBE ACCURATE, RELIABLE, ERROR-FREE OR WORK WITHOUT INTERRUPTIONS, AND BLAZE MAKES NO REPRESENTATIONS OR WARRANTY THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE PLATFORM WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
b. LIMITATION OF LIABILITY. EXCEPT IN THE CASE OF GROSS NEGLIGENCE, WILLFUL MISCONDUCT, OR MISAPPROPRIATION OF INTELLECTUAL PROPERTY, IN NO EVENT WILL (A) BLAZE’S LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT EXCEED THE AMOUNTS PAIDTO BLAZE BY YOU UNDER THESE TERMS IN THE SIX (6) MONTH PERIOD IMMEDIATELY PRECEDING ANY CLAIM MADE UNDER THIS AGREEMENT, OR (B) EITHER PARTY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR RELATED TOTHIS AGREEMENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
c. INDEMNIFICATION. You will indemnify, defend and hold Blaze harmless from any claim, action, suit or proceeding made or brought against Blaze arising out of or related to (a) your breach of any term of this Agreement, or (b) Direct UserContent or User Contributions.
d. LIMITATION ON TIME TO FILE CLAIMS. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUTOF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
12. MISCELLANEOUS
a. Assignment. You may not assign these Terms or any rights or obligations without Blaze’s prior written consent. Subject to the foregoing, these Terms will inure to the benefit of and be binding upon the parties and their respective successors and permitted assigns.
b. Export Regulations. The Platform may be subject to export laws and regulations of the United States and other jurisdictions. You represent that you are not named on any U.S. government denied-party list. You will not permit Direct Users to accessor use the Platform in a U.S.-embargoed country or in violation of any U.S. export law or regulation.
c. Copyright Policy.We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from this site (the "Platform")infringe your copyright, you may request removal of those materials (or access to them) from the Platform by submitting written notification to our copyright agent designated below. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. §512) ("DMCA"), the written notice (the "DMCA Notice") must include substantially the following:
· Your physical or electronic signature.
· Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Platform, a representative list of such works.
· Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
· Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).
· A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.
· A statement that the information in the written notice is accurate.
· A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
Our designated copyright agent to receive DMCA Notices is:
Andrew Chen
Prospera Law, LLP
1901 Avenue of the Stars, Suite 480
Los Angeles, California 90067
achen@prosperalaw.com
If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCANotice may not be effective. Please be aware that if you knowingly materially misrepresent that material or activity on the Platform is infringing your copyright, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.
d. Severability. If any provision of these Terms is held by a court of competent jurisdiction to be contrary to law, the remaining provisions will remain in full force and effect.
e. Attribution. We may identify you as a client in standard marketing materials, including pages of the Site.
f. Waiver. The waiver of a breach of any term hereof will in no way be construed as a waiver of any other term or breach hereof.
g. Entire Agreement; Modification. These Terms are the entire understanding of the parties with respect to their subject matter and supersede any previous or contemporaneous communications, whether oral or written. These Terms may be modified as set forth in Section 1(f) or in a writing signed by both parties.
h. Governing Law. These Terms and all matters arising out of, or relating to, these Terms will be governed by the laws of the State of California, without regard to its conflict of laws provisions. Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Platform shall be instituted exclusively in the federal courts of theUnited States or the courts of the State of California, in each case located in the City of Los Angeles and County of Los Angles, You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
i. WAIVER OF JURY TRIAL. EACH PARTY IRREVOCABLY AND UNCONDITIONALLY WAIVES, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY INANY LEGAL ACTION, PROCEEDING, CAUSE OF ACTION, OR COUNTERCLAIM ARISING OUT OFOR RELATING TO THIS AGREEMENT, INCLUDING ANY EXHIBITS, SCHEDULES, AND APPENDICES ATTACHED TO THIS AGREEMENT, OR THE TRANSACTIONS CONTEMPLATED HEREBY.EACH PARTY CERTIFIES AND ACKNOWLEDGES THAT (A) NO REPRESENTATIVE OF THE OTHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT THE OTHER PARTY WOULD NOT SEEK TO ENFORCE THE FOREGOING WAIVER IN THE EVENT OF A LEGAL ACTION, (B) IT HAS CONSIDERED THE IMPLICATIONS OF THIS WAIVER, (C) IT MAKES THIS WAIVER KNOWINGLY AND VOLUNTARILY, AND (D) IT HAS DECIDED TO ENTER INTO THIS AGREEMENT INCONSIDERATION OF, AMONG OTHER THINGS, THE MUTUAL WAIVERS AND CERTIFICATIONS INTHIS SECTION.
BY CREATING AN ACCOUNT AND/OR LOGGING IN, YOU ARE INDICATING THAT YOU HAVE READ AND CONSENT TO BE BOUND BY THESE TERMS. IF YOU HAVE NOT READ THESE TERMS, OR YOU DO NOT AGREE TO BE LEGALLY BOUND BY THEM, DO NOT USE THE PLATFORM.
Blaze Technology, Inc.
www.Blaze.tech
United States of America
hello@blaze.tech
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