Terms of Service
Let's roll together like this...
Last Updated: October 22, 2023
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Hello!
Welcome to Blenddy and thanks for your interest in becoming a part of our community! Blenddy helps consumers track their consumption use, which can then be used as a guide to make informed decisions based on their ratings, effects, and past consumption patterns.
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Acceptance of Terms
We’re really excited to bring Blenddy to you. The following is unfortunately long and legal, but we ask that you carefully review our Terms of Service and Privacy Policy before using the App and Site (hereafter referred to as Services). By using or accessing Blenddy, you accept and agree to follow and be legally bound by these Terms of Service and Privacy Policy. In either document, we will use the terms “Blenddy” or “daCompany Tech” interchangeably to refer to our company. When we say Service or Services, we mean the App and/or Site.
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User Registration
When you use our Services, you are entering into a Legal Agreement and agree to all of these terms. You represent and warrant that you have the right, authority, and capacity to enter into the Agreement. In addition, you certify to be at least 18 years old in order to have access and or use the Services offered by Blenddy. If you are not at least 18 years old, or disagree with, or do not wish to be bound by any of the following terms, please stop using the Services immediately.
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Termination
We reserve the right to modify this Terms of Service and Privacy Policy at any time to improve the Services. Should we update our Terms of Service or Privacy Policy, both will be updated here. It is important that you check back here regularly, as ongoing use of the Site will be bound by the posted updated version.
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Professional Advice:
User Responsibilities
The Services are not meant to be a substitute for advice provided by a qualified licensed professional. Do not use the Services for the diagnosis or treatment of a health problem or disease. You should always consult your healthcare professional for more information about what products you should and should not use.
Accuracy of Information
We work hard to ensure the accuracy of information we provide through our Services. We cannot guarantee the accuracy of the information or any analysis that uses such information as our data is obtained from many external sources. We reserve the right to correct any errors, omissions, or publish updates on any portion of our Content without notice.
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Product Information
Blenddy does not assume any liability for inaccuracies about products, whether based on manufacturer information, third party information, Blenddy’s users’ information, or ratings and assessments generated by Blenddy’s users or us. You should carefully read all information provided by product manufacturers, whether online or on the actual product packaging and labels-- including ingredients, health claims, and allergen information before using a product. You should conduct the appropriate research and obtain the necessary medical advice to determine what product is appropriate for your needs, and if so, the recommended prescibed amounts.
Typographical Errors
If there are typographical errors in product descriptions, prices or similar information, we will correct them as soon as possible. If an error occurs on an outstanding order, we will either cancel the order or contact you to see if you still want to purchase the product at the corrected price.
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Customer Support & Feedback
We are a small team of passionate creators. Given our resources, we will try our best to keep our database up-to-date, provide you with customer support and fix technical problems, but cannot promise what you recommend will be done immediately. We are doing this for the community and strive to enhance your experience.
Security
We welcome your feedback and may provide you with customer support from time to time at our sole discretion. However, we have no obligation to provide you with customer support of any kind.
You agree your access to and use of the Services is at your own risk.
Indemnification
daCompany Tech will have no responsibility for any harm to your computing system, loss of data, or other harm to you or any third party, including, without limitation, any bodily harm, that results from your access to or use of the Services, or reliance on any information or advice with respect to any consumption products.
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User Content
You grant daCompany Tech a license to use the materials you post to the Site or App. By posting, downloading, displaying, performing, transmitting, or otherwise distributing information or other content (“User Content”) to the Site or Service, you are granting daCompany Tech, its affiliates, officers, directors, employees, consultants, agents, and representatives a license to use User Content in connection with the operation of the business of daCompany Tech, its affiliates, officers, directors, employees, consultants, agents, and representatives, including without limitation, a right to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat User Content. You will not be compensated for any User Content. You agree that daCompany Tech may publish or otherwise disclose your name in connection with your User Content. By posting User Content on the Site or Service, you warrant and represent that you own the rights to the User Content or are otherwise authorized to post, distribute, display, perform, transmit, or otherwise distribute User Content.
User Content Moderation:
Inappropriate Content
When using our Site, you agree and shall not make the following types of Content available whether by uploading, downloading, displaying, performing, transmitting, or otherwise distributing any Content that (a) is libelous, defamatory, obscene, pornographic, abusive, or threatening; (b) advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or foreign law or regulation; or (c) advertises or otherwise solicits funds or is a solicitation for goods or services. daCompany Tech reserves the right to terminate your receipt, transmission, or other distribution of any such material using the Service, and, if applicable, to delete any such material from its servers. daCompany intends to cooperate fully with any law enforcement officials or agencies in the investigation of any violation of these Terms of Use or of any applicable laws.
Sales and Payment
Published prices on the Site do not include taxes, duties, shipping or additional local fees and may be changed without notice. Both the Site and its partners accept Visa and MasterCard for payment on all Site orders. Periodically, there may be a discount or promotion on which only one discount or promotion code can be applied to a single order.
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Returns
daCompany Tech does not take title to returned items until the point where that product arrives at our fulfillment center. At our discretion, we may issue a refund.
Risk of Loss
The risk of loss and title for items purchased by you pass to you upon our delivery of items to the carrier.
International Access
Our Site may be accessed from countries other than the United States. This Site may contain products or references to products that are not available outside of the United States. Any such references do not imply that such products will be made available outside the United States. If you access and use this Site outside the United States, you are responsible for complying with your local laws and regulations.
Monitoring
daCompany Tech has no obligation to monitor or update this Site or any portion thereof. However, we reserve the right to review any posted content and remove, delete, redact, or otherwise modify such content, to our sole discretion, at any time and from time to time, without notice or further obligation to you. daCompany Tech has no obligation to display or post any content you may submit.
Assignment
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by daCompany without restriction.
Governing Law
daCompany Tech and our Site are based in California. Even though you may be accessing the Web Site from somewhere else, these Terms are governed by California law, and in the unlikely event we have any kind of dispute, you agree that the dispute will be heard only in San Francisco, California. Also, the fact that the Web Site may be available to users outside of California should not be interpreted as giving any other State or country jurisdiction over us.
Arbitration
Any dispute arising from or relating to the subject matter of the Terms shall be settled by arbitration in the State of California, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of arbitrators. Judgment upon the award so rendered may be entered in a court having jurisdiction, or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. Any arbitration under this Agreement will take place on an individual basis. To the fullest extent permitted by applicable law, no claim under these terms of use shall be joined to any other claim, including any claim involving any other current or former user of the web site, and no class action proceedings shall be permitted. In no event shall any claim, action, or proceeding by you be instituted more than three (3) years after the cause of action arose. By using the site, you understand and agree that by entering into this agreement, you are waiving the right to trial by jury or to participate in a class action.
Severability
These Terms, together with any amendments and any additional agreements you may enter into with daCompany, shall constitute the entire agreement between you and daCompany. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Terms, which shall remain in full force and effect.
Relationship
No compensation, no ownership, no legal contract or warranty is implied through the use of the App. You acknowledge and agree that the availability of Blenddy is dependent on a third party app platform from which you received the Mobile App, i.e. iOS, Google Play, etc. You acknowledge this agreement is between you and daCompany Tech and not with the App Platform. daCompany Tech is solely responsible for the content within, maintenance, support services, and will address any claims relating thereto. You agree to pay all fees charged and agree to the terms and conditions by the App Platform in connection with the app. You agree to comply with all applicable agreements, terms and conditions of use/service, and other policies of the applicable App Platform. By using our app, you agree that the App Platform (and its subsidiaries) is a third party beneficiary of this Agreement and will have the right to enforce this Agreement.
Trademarks, Service Marks, and Logos
We believe partnering is a great way to make friends in the industry. However, the trademarks, service marks, logos, URLs, and domain names, registered or not, appearing on this Site, are the property of daCompany Tech and the respective parties. Using our Services does not give you ownership of any intellectual property rights to our Services or the content you access, You may not use, copy, download, display, transmit or modify any Mark including logos, branding, or icons used within our Services in any way without the prior written consent of the owner of such Mark. You may not include the daCompany Tech name, Blenddy, any Mark or any variation of the foregoing, as a metatag, hidden textual element, or any other indicator that may create an impression of affiliation, sponsorship, endorsement or any other relationship between this Site, and any other site, person, entity, or organization. In addition, do not remove, obscure, or alter any legal notices displayed in or along our Services.
Content and Liability Disclaimer
Accessibility
Our intent is to provide accurate and up-to-date content on this Site. However, that is not always possible. Therefore, all content, services, and functions on this site are provided "as is" and "as available" without warranty of any kind. We are putting the disclaimer in all caps to make extra sure that you read it and understand that this is part of this agreement.
daCompany Tech HEREBY DISCLAIMS ALL WARRANTIES.
Security
daCompany Tech IS MAKING THE SERVICES AVAILABLE “AS IS” WITHOUT WARRANTY OF ANY KIND. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE SERVICES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, daCompany Tech EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. daCompany Tech DOES NOT WARRANT THAT THE SITE OR THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SITE OR THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.
Accessibility
In addition, content is provided for informational purposes only and should not be relied on for accuracy and reliability. Please consult with your local doctor if you have questions regarding medical conditions and selection of product. Blenddy does not offer medical advice and any content accessed through the Site is for informational and educational purposes only and does not claim to cure or cover any medical conditions or outline their potential adverse effects. The content on the Site should not be used in lieu of proper diagnosis or treatment of any medical condition.
Limitation on Liability
This part is also in all caps because our lawyers say it is really important you understand that you are agreeing to limit our liability in exchange for us providing services to you. TO THE MAXIMUM EXTENT PERMITTED BY LAW IN NO EVENT SHALL COMPANY BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE OR ANY OTHER MATERIALS OR SERVICES PROVIDED TO YOU BY COMPANY. This limitation shall apply regardless of whether the damages arise out of breach of contract, tort, or any other legal theory or form of action.
No Waiver
No waiver of any portion of these Terms shall be deemed a further or continuing waiver of such term or any other term, and daCompany Tech’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
Contact Information:
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Contact Us
Should you have any questions or concerns regarding this Terms of Service, please contact us at info@blenddy.com
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