Terms & Conditions
TERMS AND CONDITIONS FOR USE OF 1954byBD (a division of BLENDED DESIGNS LLC) WEBSITE
Last updated: September 19, 2020
1. Acceptance of Terms and Conditions. This document contains very important information regarding your rights and obligations, as well as conditions, limitations, and exclusions that might apply to you. Please read it carefully.
These Terms and Conditions (“Terms”) require the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions.
By using this website, you affirm that you or your legal guardian are of legal age to enter into this agreement, and you or your legal guardian accept and are bound by these terms and conditions.
2. Changes to These Terms. These Terms apply to the use and navigation of www.1954byBD.com (the “Site”). These Terms are subject to change by Blended Designs, LLC (referred to as “us”, “we”, or “our” as the context may require) without prior written notice at any time, in our sole discretion. Any changes to the Terms will be in effect as of the “Last Updated Date” referenced on the Site or above. You should review these Terms from time to time. Your continued use of this Site after the “Last Updated Date” will constitute your acceptance of and agreement to such changes.
4. Accuracy, Completeness, and Timeliness of Information on This Site. We are not responsible if information made available on this Site is not accurate, complete, or current. The material on this Site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the material on this Site is at your own risk. This Site may contain certain historical information. Historical information is not necessarily current and is provided for your reference only. We reserve the right to modify the contents of this Site at any time, but we have no obligation to update any information on the Site. You agree that it is your responsibility to monitor changes to the Site.
5. User Contributions. The Site may directly or indirectly, such as through linked social media accounts, allow for user comments, reviews, or other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, “post”) content, media, or materials (collectively, “User Contributions”) on or through the Site. By submitting User Contributions to Blended Designs through social media accounts, electronic communications, or otherwise, unless we explicitly indicate otherwise, you grant Blended Designs, LLC, and its affiliates a nonexclusive, royalty-free, fully-paid, perpetual, irrevocable, transferrable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such material throughout the world in any media or any form or format. You grant Blended Designs and its affiliates the right to use the name and likeness of whom you submit in connection with such material, if we choose to exercise that right.
You are solely responsible for all your User Contribution. You represent and warrant that you own all your User Contributions, or you have all rights that are necessary to grant us the license rights in your User Contributions under these Terms. You also represent and warrant that neither your User Contribution, nor your use and provision of your User Contribution to us, nor any use of your User Contribution by us will infringe, misappropriate or violate a third party’s intellectual property rights or rights of publicity or privacy, or result in the violation of any applicable law or regulation. You agree to indemnify Blended Designs for all claims resulting from content you supply.
You are in violation of these Terms and may be reported to appropriate parties, including social media platforms or law enforcement agencies, or may result in further action, if any portion of your User Contribution:
- is false, fraudulent, inaccurate, or misleading;
- violates any local, state, federal, or international laws or is otherwise tortious;
- is protected by or would infringe on the rights of others (including Blended Designs), including any patent, copyright, trademark, trade secret, right of publicity or privacy, or any other proprietary right, without the express prior written consent of the applicable owner;
- is likely to deceive any person;
- is obscene, indecent, pornographic, or otherwise objectionable;
- is derogatory, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by Blended Designs in its sole discretion;
- victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability;
- is violent or threatening, or promotes violence against, or actions that are threatening to, any individual or group;
- contains advertisements, solicitations, or spam links to other web sites or individuals, without prior written permission from Blended Designs;
- contains or relates to chain letters or pyramid schemes;
- impersonates another business, person, or entity, including Blended Designs, its related entities, employees, and agents;
- violates any policy posted on the Sites; or
- is intended to cause harm, damage, disable, or otherwise interfere with the Sites or our partners.
Although we cannot monitor all User Contribution shared with or submitted to Blended Designs, you understand that we shall have the right, but not the obligation, to monitor any User Contribution to determine compliance with these Terms and any other operating rules that may be established by Blended Designs from time to time. Blended Designs shall have the right, in its sole discretion, to edit, move, delete, or refuse to post any User Contribution for any reason, including violation of these Terms, whether for legal or other reasons, or because the material is objectionable or stale. Notwithstanding this right of ours, users shall remain solely responsible for their User Contribution. You acknowledge and agree that neither Blended Designs nor any of its affiliates shall assume or have any liability for any action or inaction by Blended Designs with respect to any User Contribution.
Without limiting the foregoing, we have the right and obligation to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone submitting or posting User Contribution. YOU WAIVE AND RELEASE BLENDED DESIGNS, ITS AFFILIATES, LICENSEES, SUCCESSORS AND ASSIGNS FROM ANY CLAIMS YOU MIGHT BRING RESULTING FROM ANY SUCH PARTY’S COOPERATION WITH SUCH AN INVESTIGATION AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF SUCH AN INVESTIGATION.
5. Site Content. Subject to your compliance with these Terms, Blended Designs permits you to view and print the Site content solely in connection with your permitted use of the Site and solely for your personal and non-commercial purposes. You may not otherwise reproduce any of the content found on the Sites without the prior written consent of Blended Designs or other applicable owner. No license, right, title, or interest in the Sites or any content is transferred to you as a result of your use of the Site or your accessing, viewing, downloading, or printing of the Content.
6. Trademark and Copyright. Trademarks, logos, and service marks displayed on this Site are registered and unregistered trademarks of Blended Designs, their licensors or content providers, or other third parties. All of these trademarks, logos, and service marks are the property of their respective owners. Nothing on this Site shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo, or service mark displayed on the Site without the owner’s prior written permission, except as otherwise described herein. We reserve all rights not expressly granted in and to the Site and its content. This Site and all of its content, including but not limited to text, design, graphics, interfaces, and code, and the selection and related arrangement, is protected as a compilation under the copyright laws of the United States and other countries.
7. Links from the Website. If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
8. Governing Law and Jurisdiction. This Site is operated from the U.S. All matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of the State of Florida without giving effect to any choice or conflict of law provision or rule that would cause the application of the laws of any jurisdiction other than those of the State of Florida.
9. Dispute Resolution and Binding Arbitration.
(a) YOU AND BLENDED DESIGNS, LLC ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.
ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS OR SERVICES THROUGH THE SITE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.
(b) The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by this Section 12. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section.
The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the agreement is void, voidable, or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction.
(c) You may elect to pursue your claim in small-claims court rather than arbitration if you provide us with written notice of your intention do so within 60 days of your purchase. The arbitration or small-claims court proceeding will be limited solely to your individual dispute or controversy.
(d) You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR BLENDED DESIGNS WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.
If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced.
10. Assignment. You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this Section is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.
11. No Waivers. The failure by us 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 right or provision will be effective only if in writing and signed by a duly authorized representative of Blended Designs, LLC.
12. No Third-Party Beneficiaries. These Terms do not and are not intended to confer any rights or remedies upon any person other than you.
(a) To You. We may provide any notice to you under these Terms by: (i) sending a message to the email address you provide or (ii) by posting to the Site. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current.
(b) To Us. To give us notice under these Terms, you must contact us by personal delivery, overnight courier, or registered or certified mail to Blended Designs, LLC. We may update the address for notices to us by posting a notice on the Site. Notices provided by personal delivery will be effective immediately. Notices provided by overnight courier will be effective one business day after they are sent. Notices provided by registered or certified mail will be effective three business days after they are sent.
14. Severability. If any provision of these Terms is invalid, illegal, void or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.