Terms Of Use
  1. Acceptance

    The following is an agreement (“Agreement”) between you (or “Customer”) and BlendCard, Inc., a Delaware corporation, and its affiliates (“BlendCard”). By accessing, browsing, subscribing to, or using this website (“Site”), and by using products, services, or software provided by BlendCard in connection with any of the forgoing, you acknowledge that you have read, have understood, and agree to be bound by this Agreement and to comply with all applicable laws and regulations. The term “using” also includes access or use of the Site with crawlers, robots, data mining or extraction tools or any other functionality. You also agree to any terms applicable to certain programs in which you may elect to participate. If you do not agree to these terms, do not use this Site.

    BlendCard may modify this terms of use from time to time and post those modifications here on this web page. Your continued use of the Site after any such modification constitutes your acceptance of the modified agreement.

    Throught the Site, certain merchants (“Merchants”) sell vouchers for goods, services, experiences, gift cards, or make available coupon offerings (collectively, “Merchant Offerings”). The Merchant is solely responsible for the care and quality of the Merchant Offerings that it provides.

    The material provided on this Site is protected by law, including, but not limited to, United States Copyright Law and international treaties. This Site is controlled and operated by BlendCard from its offices within the United States. BlendCard provides services exclusively to customers in the United States. BlendCard makes no representation that materials in the Site are appropriate or available for use in other locations, and access to them from territories where their contents are illegal is prohibited. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with all applicable laws. Any claim relating to, and the use of, this Site and the materials contained herein is governed by the laws of Delaware. The state and federal courts located in Johnson County, Iowa, shall have sole jurisdiction over any disputes arising hereunder, and the parties hereby agree to the personal jurisdiction of such courts.

  2. Your Account

    By using the Site, you agree that you (i) are able to create a binding legal obligation, (ii) are not barred from receiving products and services, including the Merchant Offerings, under applicable law, (iii) will make purchases only for your own use and enjoyment, or as a gift for another person, (iv) have the right to provide any information that you submit to the Site, that such information is true, accurate, and correct, and that you will update any information that becomes outdated or inaccurate, and (v) will make legitimate purchases that comply with the letter and spirit of the terms of the Merchant Offerings.

    You are responsible for maintaining the security of your account and the account settings that reflect your preferences. You are solely responsible for any activity that occurs under your account. If your account is terminated, forfeited, or cancelled for any reason, you may forfeit any pending, current, or future credits or other forms of unredeemed value in your account.

  3. Terms Of Sale

    Any Merchant Offerings that you purchase are subject to the terms and conditions of the applicable Merchant. BlendCard does not qualify or vet Merchants and is not responsible for the quality or performance of any Merchant Offerings.

  4. Ownership and Proprietary Information

    The content and information on this Site is proprietary to BlendCard or, where applicable, to Merchants and other service providers. You agree not to modify, copy, distribute, transmit, share, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any materials, information, products, or services obtained from or through this Site.

  5. Use Restrictions And Intellectual Property

    This Site may contain proprietary and copyright information, the terms of which must be observed and followed. Any unauthorized use of any content contained on this Site may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit any of the content contained on this Site in whole or in part. Any questions concerning whether a trademark is a U.S trademark owned by BlendCard should be referred to BlendCard at legal@blendcard.com.

    You also may not, without the permission of BlendCard, “mirror” any material contained on this Site on any other server. Any unauthorized use of any content contained on this Site may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.

    You will not upload, post, or otherwise make available on this Site any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark, or other proprietary right. You will indemnify BlendCard for any claims by third parties of infringement of copyrights, trademarks, proprietary rights, or any other harm resulting from such a submission of material by you.

  6. Mobile Terms

    If you have opted in to receive special offers from BlendCard via email, SMS text message, or otherwise, you can unsubscribe at any time by contacting us at legal@blendcard.com.

    By opting in to receive special offers from us, you consent to receiving, from time to time, text messages or emails which may include alerts, promotions, offers, polls, and giveaways. Message frequency varies based on user and other factors. Message and data rates may apply and, if so, are billed by and payable to your mobile service provider. We will not be liable for any delays in the receipt of any SMS messages as delivery is subject to effective transmission from your network operator. Data obtained from you in connection with this SMS service may include your mobile phone number, your carrier’s name and the date, time and content of your messages. We may use this information to contact you and to provide the services you request from us and for other business purposes.

  7. U.S Government Restricted Rights

    The materials on this Site are provided with “RESTRICTED RIGHTS.” Use, duplication, or disclosure by the Government is subject to restrictions as set forth in applicable laws and regulations. Use of the materials by the Government constitutes acknowledgment of BlendCard’s proprietary rights in them.

  8. Changes

    Information on this Site may be changed or updated without notice. BlendCard may also make improvements and/or changes in the products and/or the programs described in this information at any time without notice.

  9. Availability

    Information which BlendCard publishes on this Site may contain references or cross references to products, programs, and services that are not announced or available in your country. Such references do not imply that BlendCard intends to announce such products, programs, or services in your country. Consult BlendCard for information regarding the products, programs, and services which may be available to you. Although we use reasonable efforts to keep the Site and your account accessible, you agree that the Site and your account may be inaccessible from time to time for reasons within and outside our control.

  10. Information "As Is"

    INFORMATION ON THIS SITE OR INFORMATION ABOUT MERCHANT OFFERINGS MAY CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. ALL INFORMATION IS PROVIDED BY BLENDCARD ON AN “AS IS” BASIS ONLY. TO THE EXTENT PERMITTED BY APPLICABLE LAW, BLENDCARD EXPRESSLY DISCLAIMS ANY OR ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, AND NONINFRINGEMENT.

  11. Limitation Of Liabilty

    UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL BLENDCARD BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA OR PROFIT, ARISING OUT OF THE USE, OR THE INABILITY TO USE, THE MATERIALS ON THIS SITE, EVEN IF BLENDCARD OR A BLENDCARD AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF MATERIALS FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR, OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ANY COSTS THEREOF. IN NO EVENT SHALL THE TOTAL LIABILITY OF BLENDCARD UNDER THIS AGREEMENT EXCEED FIFTY DOLLARS ($50), REGARDLESS OF THE CAUSE OF ACTION, IN TORT, CONTRACT, OR OTHERWISE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

  12. Governing Law And Dispute Resolution

    This Agreement and performance hereunder shall be governed by, and construed in accordance with, the laws of the state of Delaware (without giving effect to its conflict of laws principles). The parties agree to submit any claim, dispute or disagreement to mediation before a mutually- agreeable mediator prior any other form of dispute resolution. All mediation or any other form of dispute resolution shall take place in Johnson County, Iowa and the parties irrevocably waive any objection to such venue.

  13. BlendCard Transmissions

    Any material, information, or idea you transmit to or post on this Site by any means will be treated as non-confidential and non-proprietary, and may be disseminated or used by BlendCard or its affiliates for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products or services. Notwithstanding the foregoing, all personal data provided to BlendCard will be handled in accordance with BlendCard’s Privacy Statement, available at www.blendcard.com/PrivacyPolicy.aspx. You are prohibited from posting or transmitting to or from this Site any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material, or any other material that could give rise to any civil or criminal liability under the law.

  14. Revisions

    BlendCard may at any time revise this Agreement by updating this posting. By using this Site, you agree to be bound by any such revisions and should therefore periodically visit this page to determine the then current terms to which you are bound. If you do not agree to the changes, you can close your account without penalty. We will post to the Site notice of changes that affect your use of the Site.

  15. Electronic Communications

    When you use the Site or send emails to BlendCard, you are communicating with us electronically and consent to receive electronic communications related to your use of the Site. We will communicate with you by email or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing. Notices from us will be considered delivered to you and effective when sent to the email address you provide on the Site or from which you otherwise email us.

  16. Digital Millennium Copyright Act ("DMCA") Notice.

    In the event materials are made available to this Site by third parties not within our control, we are under no obligation to, and do not, scan such content for the inclusion of illegal or impermissible content. However, we respect the copyright interests of others. It is our policy not to permit materials known by us to infringe another party’s copyright to remain on the Site. If you believe any materials on the Site infringe a copyright, you should provide us with written notice that at a minimum contains:

    1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
    2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
    3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
    4. Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
    5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
    6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

    All DMCA notices should be sent to our designated agent as follows:

    Garland Brown
    Weiss Brown
    6263 North Scottsdale Road, Suite 340
    Scottsdale, AZ 85250

    It is our policy to terminate relationships regarding content with third parties who repeatedly infringe the copyrights of others.