EFFECTIVE DATE: August 20, 2018
IMPORTANT NOTICE: DISPUTES ABOUT THESE TERMS AND THE BLEND INSURANCE SERVICE ARE SUBJECT TO BINDING ARBITRATION AND A WAIVER OF CLASS ACTION RIGHTS AS DETAILED IN THE “MANDATORY ARBITRATION AND CLASS ACTION WAIVER” SECTION BELOW, AS WELL AS A FORUM SELECTION CLAUSE AS DETAILED IN THE “CONTROLLING LAW AND SEVERABILITY” SECTION BELOW. PLEASE NOTE THAT YOUR USE OF AND ACCESS TO THE SERVICE (DEFINED BELOW) ARE SUBJECT TO THE FOLLOWING TERMS; IF YOU DO NOT AGREE TO ALL OF THE FOLLOWING, YOU MAY NOT USE OR ACCESS THE SERVICE IN ANY MANNER.
For purposes of these Terms, “you” and “your” mean the Service account creator, authorized signer, authorized representative, delegate, and/or other authorized user. Further, Blend Insurance is a separate entity from Blend Labs, Inc. (“Blend Labs”) where you previously applied for a residential loan or mortgage. The Service facilitates the process of collecting and providing your information to insurance carriers (“Carriers”), including homeowners insurance, for the purposes of processing your homeowners’ insurance application and other personal lines of insurance, providing you with quotes, issuing insurance policies to you and servicing or renewing those policies. If you have any questions, comments, or concerns regarding these Terms or the Service, please contact us at email@example.com.
1. Eligibility and Scope
• Eligibility. To use the Service you must be, and represent and warrant that you are, of legal age (18 years of age or older or otherwise of legal age in your jurisdiction) and competence. If you’re agreeing to these Terms on behalf of an organization, entity, or co-applicant, you represent and warrant that you are authorized to agree to these Terms on behalf of that organization, entity, or co-applicant and bind them to these Terms (in which case, the references to “you” and “your” in these Terms, except for in this sentence, refer to that organization, entity, or co-applicant). If Blend Insurance has previously prohibited you from accessing the Service, you do not have permission to access the Service.
• Use Outside the United States of America. The Service is controlled and offered by Blend Insurance from the United States of America. Blend Insurance makes no representations that the Service are appropriate for use in other locations. Those who access or use the Service from other locations do so at their own risk and are responsible for compliance with local law. Those who access or use the Service from other locations are also subject to jurisdiction as outlined in the Controlling Law and Severability section of these Terms (below).
2. Account Registration; Account Use
• Unauthorized Account Use. You are responsible for any activity associated with your Service account, and for notifying us at firstname.lastname@example.org if you become aware of any unauthorized access to your Service account. You understand and agree that we may require you to provide information that we will use to confirm your identity and help ensure the security of your Service account. Blend Insurance will not be liable for any loss, damages, liability, expenses or attorneys’ fees that you may incur as a result of someone else using your Blend Insurance password or account, as a result of your use or misuse, with or without your knowledge, and regardless of whether you have or have not advised us of such unauthorized use. In such case, you will be liable for losses, damages, liability, expenses and attorneys’ fees incurred by Blend Insurance or a third party due to someone else’s use of your Service account.
3. Technical Requirements
Use of the Service may be available through a compatible mobile device with Internet access and require certain software. You agree that you are solely responsible for these requirements, including any applicable changes, updates, and fees associated with them, as well as for complying with the terms of your mobile device and telecommunications provider. BLEND INSURANCE MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS, STATUTORY, OR IMPLIED AS TO (A) THE AVAILABILITY OF A TELECOMMUNICATION SERVICE FROM YOUR PROVIDER OR ACCESS TO A TELECOMMUNICATION SERVICE FROM YOUR PROVIDER AT ANY TIME OR FROM ANY LOCATION; (B) ANY LOSS, DAMAGE, OR SECURITY INTRUSION OF THE TELECOMMUNICATION SERVICE FROM YOUR PROVIDER; AND (C) ANY DISCLOSURE OF INFORMATION TO THIRD PARTIES OR FAILURE TO TRANSMIT ANY DATA, COMMUNICATIONS, OR SETTINGS IN CONNECTION WITH A TELECOMMUNICATION SERVICE FROM YOUR PROVIDER.
4. Our Proprietary Rights
• Intellectual Property Rights. The Service is owned and operated by Blend Insurance and contains material which is derived in whole or in part from material supplied by Blend Insurance and our partners, including Blend Labs, as well as other sources, and is protected by United States copyright laws, international treaty provisions, trademarks, service marks and other intellectual property laws. The Service is also protected as a collective work or compilation under U.S. copyright and other law and treaties. You agree to abide by all applicable copyright and other laws, as well as any additional copyright notices or restrictions contained in the Service. You acknowledge that the Service has been developed, compiled, prepared, revised, selected, and arranged by Blend Insurance and others through the application of methods and standards of judgment developed and applied through the expenditure of substantial time, effort, and money and constitute valuable intellectual property of Blend Insurance and such others. You agree to protect the proprietary rights of Blend Insurance and all others having rights in the Service during and after the term of these Terms and to comply with all reasonable written requests made by Blend Insurance, our suppliers and licensors of content or otherwise (“Suppliers”), and Carriers to protect their and others’ contractual, statutory, and common law rights in the Service. You agree to notify Blend Insurance immediately upon becoming aware of any unauthorized access or use of the Service by any individual or entity or of any claim that the Service infringes upon any copyright, trademark, or other contractual, statutory, or common law rights. All present and future rights in and to trade secrets, patents, copyrights, trademarks, service marks, know-how, and other proprietary rights of any type under the laws of any governmental authority, domestic or foreign, including without limitation rights in and to all applications and registrations relating to the Service shall, as between you and Blend Insurance, at all times be and remain the sole and exclusive property of Blend Insurance.
• Use of Marks. You may not use any of Blend Insurance’s trademarks, trade names, service marks, copyrights, or logos in any manner which creates the impression that such items belong to or are associated with you or, except as otherwise provided herein, are used with Blend Insurance’s consent, and you acknowledge that you have no ownership rights in or to any such items.
5. Authorization to Retrieve and Use Information You Provide
• Insurance Quotes; Claims. All insurance quotes provided by the Service are based on information you provided through the Service, through your loan or mortgage application (with your authorization), as well as, in some cases, information we obtain from Account Information and Data Retrieval. Insurance quotes do not constitute a contract or an invitation to contract, or a binder or agreement to extend, continue or renew insurance coverage. The coverage descriptions provided through the Service are general descriptions of potentially available insurance coverage products and services and are not a statement of contract or an invitation to contract. To obtain insurance coverage you must complete all of the steps for a completed application with the applicable Carrier through the Service, a mobile app, directly with the Carrier or otherwise. Applications are subject to underwriting review and approval. All claims should be submitted directly to the Carrier and will be managed by the Carrier. If you file a claim under your insurance policy, the information you submit and the loss are subject to review and verification. Carriers reserve the right to request additional information before making a final decision on your claim and may use Blend Insurance to help facilitate the claims management process.
As part of these Terms and solely for the purpose of providing the Service, you grant Blend Insurance and our agents a limited power of attorney and appoint Blend Insurance and our agents as your attorney-in-fact and agent, to access third-party websites, use Data Retrieval Information you provide, and retrieve Account Information, with the full power and authority to do and perform each task necessary in connection with such activities as you could do in person. YOU ACKNOWLEDGE AND AGREE THAT WHEN BLEND INSURANCE AND OUR AGENTS ARE ACCESSING AND RETRIEVING ACCOUNT INFORMATION FROM THIRD-PARTY WEBSITES, BLEND INSURANCE AND OUR AGENTS ARE ACTING AS YOUR AGENT, AND NOT AS THE AGENT OF OR ON BEHALF OF THE THIRD-PARTY THAT OPERATES THE THIRD-PARTY WEBSITE. Blend Insurance cannot always foresee or anticipate technical or other difficulties that may result in failure to obtain data or in loss of data. Further, Blend Insurance does not assume responsibility for the timeliness, accuracy, deletion, or non-delivery of, unintentional or negligent loss of, or failure to store, any data.
• Right to Provide Data Retrieval and Account Information. You represent and warrant to us that you have all rights to the Data Retrieval and Account Information that you provide to us via the Service. You are responsible for the accuracy and completeness of the Data Retrieval and Account Information you provide. You, and not Blend Insurance, are liable in the event that such Data Retrieval and/or Account Information is not accurate or complete. You agree that you will indemnify, defend, and hold harmless Blend Insurance for all claims resulting from your unauthorized access to Data Retrieval and/or Account Information, or for any inaccurate or incomplete Data Retrieval and/or Account Information that you provide us. We reserve the right, at our own expense, to assume the exclusive defense and control of such disputes, and in any event, you will cooperate with us in asserting any available defenses.
• Feedback. Feedback you provide to us about your user experience with the Service, by email or through other mediums, excluding personally identifiable consumer information, shall be deemed to be non-confidential, and we assume no obligation to protect such information from disclosure or provide compensation to you. The submission of such information to us shall in no way prevent the purchase, manufacture, or use of similar products, services, plans, and ideas by us for any purpose whatsoever, and we shall be free to reproduce, use, disclose, and distribute the information to others without restriction.
6. License and Prohibited Conduct
Your License. Subject to your compliance with these Terms, we grant you a limited, nonexclusive, non-sublicensable, non-transferable, and revocable right to access and use the Service only for your own internal, personal, or non commercial use, and only in a manner that complies with all local, state, national, and foreign laws, treaties, regulations, and other legal requirements that apply to you or your use of the Service, including those relating to data security and data privacy. If your use of the Service is prohibited by applicable law, then you do not have authorization to use the Service. Blend Insurance is not responsible for unlawful uses of the Service.
Prohibited Uses. Use of the Service for any illegal purpose, or any other purpose not
expressly permitted in these Terms, is strictly prohibited. Without limitation, you will not:
• Use the Service to harass, abuse, or threaten any other person;
• Provide information that is unlawful, harmful, tortious, defamatory, libelous, or invasive of another’s privacy;
• Use the Service commercially, for benchmarking, or to compile information for any product or service;
• Copy, download (other than for personal use, or as otherwise expressly permitted by these Terms), modify, distribute, post, transmit, display, perform, reproduce, broadcast, duplicate, publish, republish, upload, license, reverse engineer, create derivative works from, or offer for sale any content or other information contained on or obtained from or through the Service by any means except as provided for in these Terms or with the prior written consent of Blend Insurance;
• Scrape, access, monitor, index, frame, link, or copy any content or information on the Service by accessing the Service in an automated way, using any robot, spider, scraper, web crawler, or any other method of access other than manually accessing the publicly available portions of the Service through a browser or accessing the Service through any approved API;
• Violate the restrictions in any robot exclusion headers of the Service, if any, or bypass or circumvent other measures employed to prevent or limit access to the Service;
• Post material that advocates illegal activity or discusses illegal activities with the intent to commit them (in either case as determined by Blend Insurance in our sole discretion);
• Upload or otherwise make available any material that contains any software, device, instructions, computer code, files, programs and/or other content or feature that is designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment (including without limitation any time bomb, virus, software lock, worm, self-destruction, drop-device, malicious logic, Trojan horse, trap door, “disabling,” “lock out,” or “metering” device, or any malicious code);
• Attempt to disable, overburden, or impair the proper working of the Service;
• Use the Service to distribute any other party’s intellectual property unless you have the right to do so, or remove or alter any copyright, trademark, or other proprietary notice contained on the Service;
• Make available trade secrets or other confidential or proprietary information, or provide any material that you do not have a right to make available under any law or under contractual or fiduciary relationships, including but not limited to insider information, or confidential or proprietary information learned or disclosed as part of employment relationships or under non-disclosure agreements;
• Falsely state or otherwise misrepresent your affiliation with a person or entity, or impersonate any person or entity;
• Frame, inline link, or similarly display the Service or any portion thereof;
• Violate these Terms or any guidelines or policies posted by Blend Insurance;
• Interfere with any other party’s use and enjoyment of the Service.
Blend Insurance reserves the right, but not the obligation, in our sole and absolute discretion, to remove any information provided by you, block access to the Service, and/or deactivate your Service account for violation of these Terms.
7. Legal Compliance
Blend Insurance is licensed as an insurance producer in the states where Blend Insurance offers the Service and related products. The Service has been approved for use by the applicable departments of insurance and may not currently be available in all states. Blend Insurance makes no representation that the Service and related products are appropriate or available for use outside of the states where Blend Insurance is currently offering insurance through the Service. If you access the Service from other locations, you hereby acknowledge and agree that you are viewing the Service and related products for general informational purposes only.
In addition, please note that Blend Insurance is not in the business of providing professional services or legal, tax, insurance, or other advice through or relating to this Service. Please consult your Carrier and/or your professional advisors with questions relating to your use of the Service or policy options.
8. WARRANTIES AND DISCLAIMERS
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE SERVICE IS SOLELY AT YOUR OWN RISK. BLEND INSURANCE DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES CONCERNING ANY CONTENT CONTAINED IN OR ACCESSED THROUGH THE SERVICE, AND WE WILL NOT BE RESPONSIBLE OR LIABLE FOR THE ACCURACY, COPYRIGHT COMPLIANCE, LEGALITY, OR DECENCY OF MATERIAL CONTAINED IN OR ACCESSED THROUGH THE SERVICE. WE MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING SUGGESTIONS OR RECOMMENDATIONS OF PRODUCTS OR SERVICES OFFERED OR PURCHASED THROUGH THE SERVICE. PRODUCTS AND SERVICES OFFERED OR PURCHASED (WHETHER OR NOT FOLLOWING SUCH RECOMMENDATIONS AND SUGGESTIONS) THROUGH THE SERVICE ARE PROVIDED “AS IS” AND WITHOUT ANY WARRANTY OF ANY KIND FROM BLEND INSURANCE OR OTHERS (UNLESS, WITH RESPECT TO SUCH OTHERS ONLY, PROVIDED EXPRESSLY AND UNAMBIGUOUSLY IN WRITING BY A DESIGNATED THIRD-PARTY FOR A SPECIFIC PRODUCT OR SERVICE). THE SERVICE IS PROVIDED ON AN “AS-IS” BASIS, WITHOUT WARRANTIES OR ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.
ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SERVICE IS DOWNLOADED AND USED AT YOUR SOLE DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, MOBILE DEVICE, SOFTWARE, TECHNOLOGY OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH CONTENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM BLEND INSURANCE OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY.
BLEND INSURANCE MAKES NO REPRESENTATION, WARRANTY, GUARANTEE, OR PROMISE THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR ACHIEVE ANY PARTICULAR RESULTS.
9. LIMITATION OF LIABILITY
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL BLEND INSURANCE BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, OR (B) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF (I) $100 OR (II) THE AMOUNTS PAID BY YOU TO BLEND INSURANCE IN CONNECTION WITH THE SERVICE IN THE TWELVE (12) MONTH PERIOD PRECEDING THIS APPLICABLE CLAIM.
If you are a California resident, you hereby waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” This release includes the criminal acts of others.
In the event that you have a dispute with any third-party, you agree that Blend Insurance is under no obligation to become involved on your behalf. You release Blend Insurance, and our officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way relating to such disputes and/or the Service.
10. Exclusions and Limitations
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages such as above in Sections 8 and 9. Accordingly, some of the above limitations may not apply to you. If you are a New Jersey resident, or a resident of another state that permits the exclusion of these warranties and liabilities, then the limitations in Sections 8 and 9 specifically do apply to you.
13. Third Party Links and Platform
Blend Insurance has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of, or opinions expressed in, any third-party or Carrier websites or by any third-party or Carrier that you interact with through the Service. In addition, Blend Insurance will not and cannot monitor, verify, censor, or edit the content of any third-party or Carrier website or service. By using the Service, you release and hold us harmless from any and all liability arising from your use of any third-party website or service.
14. Modification and Termination
• Modification of Service. Blend Insurance reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof), with or without notice. You agree that Blend Insurance shall not be liable to you or any third-party for any modification, suspension, or discontinuance of the Service.
• Termination. These Terms are effective unless and until terminated by you or us. We may, in our sole and absolute discretion, deny you access to all or part of the Service at any time for any or no reason at all, with or without notice to you. Grounds for such termination shall include, but not be limited to, (a) breaches or violations of these Terms or other agreements, (b) requests by law enforcement or government agencies, (c) discontinuance or material modification of the Service (or any part thereof), (d) unexpected technical or security issues or problems, (e) extended periods of inactivity, (f) activities related to protecting the rights, property, or safety of Blend Insurance, our agents and affiliates, or our users and the public, or (g) if you provide any information, including Credentials or Data Retrieval Information, that is false, inaccurate, misleading or misidentifying yourself, out of-date, or incomplete. If we terminate your right to access the Service, these Terms will terminate and all rights you have to access the Service will immediately terminate; however, certain provisions of these Terms will still apply post termination, including without limitation, the Mandatory Arbitration and Class Action Waiver provisions. Termination of your Service account may also include, at Blend Insurance’s sole discretion, the deletion of your Service account and/or content.
15. MANDATORY ARBITRATION AND CLASS ACTION WAIVER
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
• Application. You and Blend Insurance agree that these Terms affect interstate commerce and that the Federal Arbitration Act governs the interpretation and enforcement of these arbitration provisions. This Section 15 is intended to be interpreted broadly and governs any and all disputes between us including but not limited to claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory; claims that arose before these Terms or any prior agreement (including, but not limited to, claims related to advertising); and claims that may arise after the termination of these Terms. The only disputes excluded from this broad prohibition are the litigation of certain intellectual property and small court claims, as provided below.
• Initial Dispute Resolution. Most disputes can be resolved without resorting to arbitration. If you have any dispute with us, you agree that before taking any formal action, you will contact us at email@example.com, and provide a brief written description of the dispute and your contact information (including your username, if your dispute relates to a Service account). Except for intellectual property and small claims court claims, the parties agree to use their best efforts to settle any dispute, claim, question, or disagreement directly through consultation with Blend Insurance, and good faith negotiations shall be a condition to either party initiating a lawsuit or arbitration.
• Binding Arbitration. If the parties do not reach an agreed-upon solution within a period of thirty (30) days from the time informal dispute resolution is initiated under the Initial Dispute Resolution provision above, then either party may initiate binding arbitration as the sole means to resolve claims, (except as provided below regarding intellectual property and small claims court claims) subject to the terms set forth below. Specifically, all claims arising out of or relating to these Terms (including the Terms’ formation, performance, and breach), the parties’ relationship with each other, and/or your use of Blend Insurance shall be finally settled by binding arbitration administered by JAMS in accordance with the JAMS Streamlined Arbitration Procedure Rules for claims that do not exceed $250,000 and the JAMS Comprehensive Arbitration Rules and Procedures for claims exceeding $250,000 in effect at the time the arbitration is initiated, excluding any rules or procedures governing or permitting class actions.
• Arbitrator’s Powers. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of these Terms including but not limited to any claim that all or any part of these Terms is void or voidable, whether a claim is subject to arbitration, or the question of waiver by litigation conduct. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be written and shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction.
• Filing a Demand. To start an arbitration, you must do the following: (a) Write a Demand for Arbitration that includes a description of the claim and the amount of damages you seek to recover (you may find a copy of a Demand for Arbitration at www.jamsadr.com); (b) Send three copies of the Demand for Arbitration, plus the appropriate filing fee, to JAMS, Two Embarcadero Center, Suite 1500, San Francisco California 94111; and (c) send one copy of the Demand for Arbitration to us at: Blend Insurance Agency, Inc., 415 Kearny Street, San Francisco, CA 94108.
To the extent the filing fee for the arbitration exceeds the cost of filing a lawsuit, Blend Insurance will pay the additional cost. If the arbitrator finds the arbitration to be nonfrivolous, Blend Insurance will pay the fees invoiced by JAMS, including filing fees and arbitrator and hearing expenses. You are responsible for your own attorneys’ fees unless the arbitration rules and/or applicable law provide otherwise.
The parties understand that, absent this mandatory arbitration provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court. Arbitration may take place in the county where you reside at the time of filing, unless you and we both agree to another location or telephonic arbitration.
• Class Action Waiver. The parties further agree that the arbitration shall be conducted in the parties’ respective individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. YOU AND BLEND INSURANCE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR OUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provisions set forth above shall be deemed null and void in their entirety and the parties shall be deemed to have not agreed to arbitrate
• Exception: Litigation of Intellectual Property and Small Claims Court Claims. Notwithstanding the parties’ decision to resolve all disputes through arbitration, either party may bring enforcement actions, validity determinations, or claims arising from or relating to theft, piracy or unauthorized use of intellectual property in state or federal court or in the U.S. Patent and Trademark Office to protect its intellectual property rights (“intellectual property rights” means patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights). Either party may also seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction.
• 30-Day Right to Opt Out. You have the right to opt out and not be bound by the arbitration and class action waiver provisions set forth above by sending written notice of your decision to opt out to at firstname.lastname@example.org with the subject line, “ARBITRATION AND CLASS ACTION WAIVER OPT-OUT.” The notice must be sent within thirty (30) days of your first use of the Service. Otherwise you shall be bound to arbitrate disputes in accordance with the terms of these paragraphs. If you opt out of these arbitration provisions, Blend Insurance also will not be bound
• Changes to This Section. Blend Insurance will provide thirty (30) days’ notice of any changes to this section by posting on the Service. Amendments will become effective thirty (30) days after they are posted on the Service or sent to you by email. Changes to this section will otherwise apply prospectively only to claims arising after the thirtieth (30th) day. If a court or arbitrator decides that this subsection on “Changes to This Section” is not enforceable or valid, then this subsection shall be severed from the section entitled Mandatory Arbitration and Class Action Waiver, and the court or arbitrator shall apply the first Mandatory Arbitration and Class Action Waiver section in existence after you began using the Service.
• Survival. This Mandatory Arbitration and Class Action Waiver section shall survive any termination of your use of the Service.
16. Controlling Law and Severability
These Terms will be interpreted in accordance with the laws of the State of California,
without regard to its conflict-of-law provisions. For all purposes of these Terms, the
parties consent to exclusive jurisdiction and venue in the state or federal courts located in,
respectively, San Francisco County, California, or the Northern District of California. If any
part of these Terms is considered invalid, it shall be enforced as effectively as possible
while all other provisions remain in full effect.
17. GENERAL TERMS
• Force Majeure. Under no circumstances shall Blend Insurance or our licensor or supplier be held liable for any delay or failure in performance resulting directly or indirectly from an event beyond our reasonable control.
• No Waiver; Severability. No waiver of any term of these Terms will be binding unless in writing, no waiver of any term of these Terms will be deemed a further or continuing waiver of such term or any other term, and the failure of Blend Insurance to exercise or enforce any right or remedy in these Terms does not waive that right or remedy. If an arbitrator or a court of competent jurisdiction finds any provision of these Terms to be invalid, the parties agree that the court should endeavor to give effect, to the maximum extent permitted by law, to the parties’ intentions as reflected in the provision, and the other provisions of these Terms will remain in full force and effect.
• Third-Party Beneficiaries. You agree that, except as otherwise expressly provided in these Terms, there shall be no third-party beneficiaries to these Terms.
• Statute of Limitations. Except for residents of New Jersey, you agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Service and/or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
• Miscellaneous. These Terms (and all terms and conditions incorporated herein) constitute the entire agreement between you and Blend Insurance and govern your use of the Service provided by Blend Insurance and supersede any prior agreements between you and Blend Insurance on the subject matter. These Terms, and any rights or licenses granted hereunder, may not be assigned or delegated by you. These Terms, and any rights or licenses granted hereunder, may be assigned or delegated by Blend Insurance without restriction. These Terms bind and inure to the benefit of each party and the party’s successors and permitted assigns. These Terms may not be modified by an oral statement by a representative of Blend Insurance. No agency, partnership, joint venture or employee-employer relationship is intended or created by these Terms. You agree that any agreements made by and between you and us in electronic form are as legally binding as if made in physical written form. These Terms will not be construed against the drafter. The section titles in these Terms are for convenience only and have no legal or contractual effect.
• Notices. We may deliver notice to you by email, posting a notice on the Service, or any other method we choose, and such notice will be effective on dispatch. If you give notice to us, it will be effective when received and processed and you must use the following email address: email@example.com.
detailed message to firstname.lastname@example.org and we will try to resolve your
Blend Insurance Agency, Inc.
415 Kearny Street
San Francisco, CA 94108