Born out of a passion for helping others, Bless is designed for humanity.
It’s where needs are shared, hearts are touched, help is given, lives are changed and people come together.
Tara Eusebi is the Founder and CEO of Bless. In 2018, she stepped away from a successful career in corporate America to pursue her passion for helping others. The account of her journey has inspired and encouraged countless others to discover their passion and go after their dreams.
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Copyright © 2021
Bless. All Rights Reserved.
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Sincerely yours, The Bless Team
© 2021, All Rights Reserved | Bless
1. Information Collected
1.1 User Provide Information
To provide Bless Services users (“Users”) with the best possible experience when using the Bless Services, Bless may collect personally identifiable information (“Personal Information”), including, but not limited to, your first and last name, email address, location, street address, state, and zip code, biography, and phone number and if access is granted, the use of GPS location in the background for the purpose of showing posts within the Users closest proximity. The use of GPS location in the background can be disabled through the settings application in the Users device. Additionally, certain anonymous demographic information may be accessed with Users permission including, but not limited to, your age, gender, and basic Facebook® profile, as detailed herein.
Notwithstanding Bless’ automated collection of information, as discussed herein, Bless does not collect any Personal Information about you unless you voluntarily provide it. However, you may be required to provide certain Personal Information to us when you elect to use the Bless Services. Such uses may include, but are not limited to: (a) registering for an account (“Account”) on the Bless Services (b) use of biometric fingerprint for the purpose of signing into Bless Services (b) granting access to photo gallery and your camera for posting and capturing of images (c) granting access to your address book to facilitate invitations and social interactions that you initiate through Bless Services (d) sending, goods, or offering to provide services pursuant to a request for emotional support, financial support, goods, or services (collectively a “Need”) that another User publishes on Bless Services; and (e) electing to receive, goods, or services pursuant to a Need that you publish on the Bless Services. To wit, we will use your Personal Information for, but not limited to, communicating with you in relation to services and/or products you have requested from Bless or other Users.
1.2 Information that is Automatically Collected
When you access Bless and the Bless Services, we automatically record and store certain information about your technology and system by using cookies and/or other types of technology. Examples of such information collected via cookies includes, but is not limited to, your Internet Protocol (“IP”) address, other unique user identifiers, device and browser type identifiers, URL addresses for the referring and exit pages, software and system type, and information about your use of the Bless Services.
1.3 Third Party Information
1.4 User Generated Content
2. Information from Children
IF YOU ARE NOT AT LEAST 13 YEARS OLD, THEN PLEASE DO NOT USE OR ACCESS BLESS OR THE BLESS SERVICES IN ANY MATTER.
Bless does not knowingly collect or maintain Personal Information from persons under 13 years of age. If Bless learns that Personal Information of persons under 13 years of age has been collected on or through the Bless Services, Bless will take the necessary and appropriate steps to delete the Personal Information.
3. How Bless Uses Your Personal Information
If you provide Personal Information for a certain reason, Bless will use that Personal Information in connection with the reason it was provided. For example, Bless will use your email address for notification purposes. Such notifications include, but are not limited to, notifying you of updates to the Bless Services, notifications for customer service purposes, notifications regarding any User Generated Content or materials you have uploaded to or downloaded from the Bless Services, or to otherwise contact you for any reason in connection with your use of the Bless Services or in the event that you contact Bless.
4. How Bless Utilizes User Generated Content
Any User Generated Content that you post on Bless will be shared with other Bless Users and be available for other Bless Users to view and interact. By posting any User Generated Content, you acknowledge and agree that such Users may contact you in connection with such User Generated Content. Please be advised that some User Generated content, including but not limited to, posts, photos, videos, or testimonials posted on public facing Bless forums or the News Feed, may be publically accessible. By posting User Generated Content, you acknowledge and agree that Bless is under no obligation of confidentiality, express or implied, with respect to such User Generated Content. This section will survive any termination of your Bless account or your use of the Bless Services.
5. How Bless Shares Information with Third Parties
In general, Bless will not sell, rent, lease or otherwise transfer your Personal Information to any third parties and such Personal Information will only be used for communication between you, Bless, other Bless Users, and in connection with your use of the Bless services.
Bless may disclose your Personal Information, without notice, if required to do so by law or in the good faith belief that such action is necessary to: (a) conform to the edicts of the law or comply with legal process served on Bless or the Bless Services; (b) protect and defend the rights or property of Bless; and/or (c) act under exigent circumstances to protect the personal or economic safety of users of Bless, or the public.
6. Cookies and Do Not Track Signals
Bless may keep track of the pages Users visit within Bless, to determine what Bless Services are the most popular. This data is used to deliver customized content Bless to customers whose behavior indicates that they are interested in a particular subject area.
The Bless Services will not follow any browser, extension, or other application’s Do Not Track signal or any other similar anti-tracking signals.
7. Third Party Links
The Bless Services may contain links to other third party websites, particularly within User Generated Content. Bless is not responsible for the content or privacy practices of such other sites. We encourage our users to be aware when they leave the Bless Services and to read the privacy statements of any other site or mobile app that collects personally identifiable information.
8. Security of your Personal Information
Bless will take reasonable and appropriate security measures to protect your Personal Information from unauthorized access, disclosure, alteration, or destruction. Unfortunately, no data transmission over the Internet or any mobile or wireless network is 100% secure. As a result, while we strive to protect your personal information, you agree and acknowledge that: (a) there are security and privacy limitations inherent to the Internet and wireless and mobile networks which are beyond our control; and (b) security, integrity, and privacy of any and all information and data exchanged between you and Bless via the Bless Services cannot be guaranteed.
Bless recommends that you do your part in protecting your Personal Information. This includes guarding against unauthorized access to your Bless account by ensuring no one else uses your device when you are logged in, by logging off from the Bless Services when they are not in use, by keeping your password and other Personal Information confidential, and by taking precautionary steps to guard the physical safety and security of your computer, mobile device, or any other device that you use to access the Bless Services.
9. How Long Will your Information be Stored
Bless will store your Personal Information for as long as permitted by applicable laws and regulations.
10. E-mail Communications
From time to time, Bless may contact you via email for the purpose of providing announcements, promotional offers, alerts, confirmations, surveys, and/or other general communication regarding the Bless services. To improve the Bless Services, we may receive a notification when you open an email from Bless or click on a link therein.
If you would like to stop receiving such communications via email from Bless, you may opt out of such communications by clicking on the UNSUBSCRIBE button and/or by emailing us at firstname.lastname@example.org.
11. External Data Storage Sites
Bless may store your data on servers provided by third party hosting vendors with whom we have contracted.
12. Changes to this Statement
13. Merger or Sale
14. Contact Information
P.O. Box 4773
Orange, CA 92863
Agreement between User and Bless
Welcome to Bless, operated by Bless, LLC (“Bless”), which includes the Bless Mobile Application software and related services, as well as the website located at www.bless-app.com (collectively the "Bless Services"). Your use of the Bless Services is contingent on your acceptance, without modification, of the terms, conditions, obligations, and notices contained herein (collectively the "Terms"). Your use of the Bless Services constitutes your acceptance of and agreement to these Terms. Please read these Terms carefully and completely and keep a copy of them for your reference.
Regarding any software required to run the Bless Services Mobile Application (“Software”) you accept and agree to be bound by these Terms by selecting the “Accept” option and downloading the Software or by installing, running, using, or copying the Software on your computer, tablet, and/or mobile device. You must agree to these Terms before you will be allowed to download or use the Software. If you do not agree to all of these Terms, you must select “Decline” and you may not install, use, run, or copy the Software.
By accepting these Terms of Service, you confirm that you are at least 13 years of age. Neither Bless nor any parts of the Bless Services are intended for anyone under 13 years of age.
The goal of Bless is to help people who have suffered a trauma, personal or economic tragedy, or simply require some sort of physical, emotional, or other type of support by connecting them with other people who are willing to help.
2. Electronic Communications
Each and every time you either use the Bless Services or send an email, SMS, MMS, text message, or other electronic communication to Bless will constitute an electronic communications (“Electronic Communications”). By using the Bless Services, you consent to receive Electronic Communications and you agree that all agreements, notices, disclosures and other communications that Bless provides to you via Electronic Communication, individually and collectively, satisfy any legal requirement that such communications be in writing.
To use the Bless Services, you must set up a unique user (“User”) account (“Account”), which includes a unique and complex password (“Password”) used to access your Account. You are solely responsible for maintaining the confidentiality and security of your Account and Password. Such security includes, but is not limited to restricting access to your computer, mobile phone, tablet, or other device that you use to access the Bless Services and/or where such Password may be stored. You agree that you are solely responsible for all activities and actions that occur under the auspices of your Account. You agree not to assign or otherwise transfer your Account to or share your Password with any other person or entity. You acknowledge and agree that Bless is not responsible for third party access to your Account that results from theft or misappropriation of your Password or other Account credentials. Bless reserves the right to refuse or cancel service, terminate Accounts, or remove or edit any User Generated Content, as defined herein, in our sole discretion. Bless also reserves all available legal rights and remedies to prevent the unauthorized use of the Bless Services, including, but not limited to, technological barriers, IP mapping, and contacting your internet service provider (“ISP”). You hereby acknowledge and agree that any action taken under your Account will be presumed to have been authorized by you.
4. Bless Services Description
The Bless Services bring people together to help those in need and specifically to “Bless” others. Such help may consist of, but is not limited to, emotional support, or providing goods or services to those who are unable to do so themselves (collectively “Support”). A User receives Support by first identifying their need for certain Support (“Need”) to the Bless User community. A User can publish a particular Need via a written post on the Bless Services or News Feed, posting an essay, video, picture, or other type of testimonial explaining their situation. Once a User publishes a Need on the Bless Services, fellow Users can respond and offer Support to meet or help meet the Need, vouch for or otherwise validate the User in Need to the Bless User community, or simply show support by publically responding to the Need post or privately chatting with the User in Need.
The goal of Bless is to have Users “Bless” each other. Any Support provided by any Users will provided solely by the User, unconditionally, and without an eye towards or expectation of reward, recognition, payment, reciprocity, or consideration of any kind. You hereby agree that you will not offer any money, financial incentive, goods, services, or other consideration in exchange for receiving Support nor will you offer any Support on the condition of receiving money, financial incentive, goods, services, or any other consideration in return.
BLESS IS NOT A BROKER, FINANCIAL INSTITUTION, CREDITOR, OR CHARITABLE INSTITUTION. The Bless Services are an administrative platform only. Bless facilitates Support donations and communications between Users, but Bless is not a party to any agreement between Users. Bless is not a broker, agent, financial institution, creditor, or insurer for any User. Bless has no control over the conduct of, or any information provided by any User and Bless hereby disclaims all liability in this regard to the fullest extent permitted by applicable law.
All information and content provided by Bless through the Bless Services is for informational purposes only and Bless does not guarantee the accuracy, completeness, or timeliness or reliability of any such information or content. No content or information is intended to provide financial, legal, tax, or other professional advice. Before making any decisions regarding publishing a Need or offering Support, or the use of the Bless Services in general, you should consult your financial, legal, tax advisers, or other professional advisers as appropriate. You acknowledge that you access content or information through the Bless Services at your own risk and you are solely responsible for making the final determination as to the value and appropriateness of publishing a Need or providing Support.
When you offer Support, you do so at your own risk and it is your sole responsibility to understand how your Support will be used before agreeing to give any Support. USERS ARE NOT EMPLOYEES, PARTNERS, AGENTS, JOINT VENTURES, OR FRANCHISEES OF BLESS. BLESS DOES PROVIDE SUPPORT FOR NEEDS AND DOES NOT EMPLOY INDIVIDUALS TO PROVIDE SUPPORT FOR NEEDS. USERS HEREBY ACKNOWLEDGE THAT BLESS DOES NOT SUPERVISE, DIRECT, CONTROL OR MONITOR A USER’S SUPPORT SERVICES AND EXPRESSLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR OR CONNECTED TO THE SUPPORT OR OTHER SERVICES PROVIDED PERFORMED IN ANY MANNER, INCLUDING BUT NOT LIMITED TO A WARRANTY OR CONDITION OF GOOD AND WORKMANLIKE SERVICES, WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, OR COMPLIANCE WITH ANY LAW, REGULATION, OR CODE.
Bless does not guarantee that any particular User’s Need will be solved, whether completely or partially, or that the User will otherwise be made whole, whether financially, physically, emotionally, or in any other matter. Bless does not have control over a User’s failure to provide Support that was promised via the Bless Services or any other means, nor the integrity, responsibility, qualifications, or any of the actions or omissions whatsoever of any Users, or of any Support provided by Users with respect to each other. Bless makes no warranties or representations about the suitability, reliability, timeliness, or accuracy of the Needs requested or services provided by, or the communications of or between, Users identified through the Bless Services, whether in public, private, or offline interactions or otherwise.
6. Representation as a User
You, as a User, represent, warrant, and covenant that i) all information you provide in connection with a Need or Support is, to the best of your knowledge, accurate, complete, and not otherwise designed to mislead, defraud, or deceive any User; ii) you will comply with your jurisdiction’s applicable laws and regulations when you make any use whatsoever of the Bless Services; and iii) to the extent you share with Bless any personally identifiable information of any third party for any purpose, including the names, addresses, email addresses and phone numbers, you have the authority (including any necessary consents), as required under applicable law, to provide Bless with such personally identifiable information and allow Bless to use such personally identifiable information for the purposes for which you shared it with Bless.
7. User Generated Content
Any time a User posts to the Bless Services, whether that Post consists of a written statement, testimonial photo, video, public or private communication to another User, or any other communication, work of authorship, or any other content, such post will be considered “User Generated Content.” By posting any User Generated content to the Bless Services, you hereby grant Bless and its agents, affiliates, and assigns a royalty free, nonexclusive, perpetual license to reproduce, adapt, display, publish, or otherwise distribute such User Generated Content in any media, including Twitter®, Facebook®, Instagram® or any other social media or media, now known or hereafter devised, throughout the universe.
7.1 Representations and Warranties Regarding User Generated Content
8. Links to Third Party Sites/Third Party Services
The Bless Services may contain links to other, third party, websites ("Linked Sites"). The Linked Sites are not under the control of Bless or any part of the Bless Services and neither Bless nor any part of the Bless Services are responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Bless is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Bless of the website or any association with its operators.
9. Devices and Internet Connection
Access to the Bless Services may require the use of your personal computer, tablet, or mobile device, as well as communication with or use of space on such device. You are solely responsible for all internet and/or mobile data connection and all associated fees that you incur when accessing the Bless Services.
10. Prohibited Conduct
You are granted a non-exclusive, non-transferable, revocable license to access and use the Bless Services, including the Software, strictly in accordance with these Terms. As a condition of your use of the Bless Services, you represent and warrant to Bless that you will not use the Bless Services for any purpose that is unlawful or prohibited by these Terms. Further, you agree that you will comply with these Terms and will not:
If you post any materials, content, or User Generated content that violates this Section or otherwise violate these Terms in any way, Bless reserve the right to, in Bless’ sole discretion, permanently remove any materials, content, or User Generated Content and/or terminate your access to the Bless Services.
11. Software License Grant
These Terms entitle you to install and use one copy of the Software. In addition, you may make one archival copy of the Software. The archival copy must be on a storage medium other than a hard drive, and may only be used for reinstallation of the Software. You may not use, copy, or install the Software on any system with more than one computer, or permit the use, copying, or installation of the Software by more than one user or on more than one computer. If you hold multiple, validly licensed copies of the Software, you may not use, copy, or install the Software on any system with more than the number of computers permitted by these Terms, or permit the use, copying, or installation by more users, or on more computers than the number permitted by license.
You may only use or install multiple copies of the Software if you obtain an appropriate licensing agreement for each user and a separate, corresponding copy of the Software.
You may not use the database portion of the Software in connection with any software other than the Software.
12. Intellectual Property
All content included as part of the Bless Services, including, but not limited to, text, graphics, logos, images, as well as the compilation thereof, the look and feel of the Bless Services, as well as the Software and the text, graphics, code, and other materials contained therein (collectively “Protected Content”) is the property of Bless or its third party suppliers and protected by copyright, trademark, and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright, trademark and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the Protected Content, in whole or in part, found within the Bless Services. Your use of the Bless Services does not entitle you to make any unauthorized use of any of the Protected Content, and in particular you shall not delete or alter any proprietary rights or attribution notices in any content. You shall use Protected Content solely for your personal use, as outlined in these Terms, and will make no other use of the Protected Content without the express written permission of Bless and/or Protected Content’s third party owner. You acknowledge and agree that you do not acquire any ownership rights in any Protected Content. Except as provided for herein, these Terms do not grant any licenses, express or implied, to the Protected Content or any other intellectual property of Bless, our licensors, or any third party.
13. Copyright Infringement Policy
Bless is committed to protecting the rights of copyright rights holders and seeks to comply with all applicable laws and regulations regarding the protection of intellectual property.
If you are a copyright owner or an agent thereof and believe that any content on Bless or the Bless Services infringes on your copyright, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our designated agent for copyright claim notifications (“Designated Agent”) with the following information in writing (see 17 U.S.C. § 512(c)(3) for further detail):
Bless will process any notices of alleged copyright infringement and will take appropriate actions as permitted under the DMCA. Upon receipt of notices complying with the DMCA, Bless will act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity and will act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing.
13.1 DMCA Counter Notification
Bless may notify the owner or administrator of the affected content so that he or she can make a counter-notification pursuant to his or her rights under the DMCA. If you receive such a notice, you may provide counter-notification in writing to the Designated Agent. To be effective, the counter-notification must be a written communication that includes the following:
Notices of claimed infringement and counter-notifications should be directed to the Designated Agent by mailing all required documentation to: Wolk & Levine, LLP, Attn: Zachary Levine, Esq., 535 N. Brand Blvd., Ste. 300, Glendale, CA 91203 or by emailing all required documentation to email@example.com with the words "Bless Notice of Infringement in the subject line.
14. Use of Communication Services
The Bless Services may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.
By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary licenses, consents, and permissions therefor; upload files that contain viruses, malware, corrupted files, or any other similar software or programs that may damage the operation of another's computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded; restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.
Bless has no obligation to monitor the Communication Services. However, Bless reserves the right to review any and all materials posted to a Communication Service and to remove any materials in its sole discretion. Bless reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
Bless reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Bless' sole discretion.
You should always use caution when giving out any personal identifying information about yourself or your children or family in any Communication Service. Bless does not control or endorse the content, messages or information found in any Communication Service and, therefore, Bless specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Bless spokespersons, and their views do not necessarily reflect those of Bless.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.
15. Materials Provided to Bless Services or Posted on Any Bless Web Page
Bless does not claim ownership of any User Generated Content or any other materials you provide to the Bless Services (including feedback and suggestions) or post, upload, input or submit to any Bless Site or our associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Bless, our affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. Bless is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Bless' sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
16. Third Party Accounts
Bless may permit you to create an Account for the Bless Services via certain third party programs and applications, including, but not limited to, Facebook® and Google®. If you access the Bless Services via such third party services (such as a social network), the profile information connected to the Account you use to log into the Bless Services, including your name, may be used by Bless or the Bless Services to provide and support your Account. You also acknowledge and agree that Bless may publish information regarding your use of the Bless Services to and in connection with any such third party services with which you use in connection with the Bless Services.
If you do not want information about you to be shared in this manner, do not use this feature.
17. Apple-Enabled Services Application
The Bless Services operate in connection with products made commercially available by Apple, Inc. (“Apple”), in addition to other devices and operating systems. With respect to Bless Services that are made available to you in connection with an Apple-branded product (such Bless Services shall hereinafter be known as “Apple-Enabled Services”), the following terms and conditions apply, in addition to the terms and conditions set forth in these Terms:
18. International Users
The Bless Services are controlled, operated and administered by Bless from our offices within the United States. If you access the Bless Services from a location outside the United States, you are responsible for compliance with all local laws. You agree that you will not use the Bless Content accessed through Bless Services in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
To the maximum extent permitted by applicable law, you agree to indemnify, defend and hold harmless Bless, its officers, directors, employees, agents and third parties, and assigns from and against any and all claims, losses, costs, debt, liabilities and expenses (including, but not limited to attorney’s fees) arising from (a) your misuse of and access to the Bless Services; (b) your violation of these Terms; (c) your violation of any third party right, including without limitation any copyright, intellectual property, or privacy right; (d) your use of or inability to use the Bless Services; and (e) any claim that you caused damage to a third party.
In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator's award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.
21. Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Bless agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.
22. Liability Disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE BLESS SERVICES MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. BLESS AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES TO THE BLESS SERVICES AND SOFTWARE AT ANY TIME, IN THEIR SOLE DISCRETION.
BLESS AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY, SECURITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE BLESS SERVICES FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. BLESS AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT.
YOU MUST DETERMINE WHETHER THE BLESS SERVICES OR THE SOFTWARE MEETS YOUR REQUIREMENTS FOR SECURITY AND UNINTERRUPTABILITY. YOU BEAR SOLE RESPONSIBILITY AND ALL LIABILITY FOR ANY LOSS INCURRED DUE TO FAILURE OF THE BLESS SERVICES OR SOFTWARE TO MEET YOUR REQUIREMENTS.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BLESS AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA, OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE BLESS SERVICES OR SOFTWARE, THE DELAY OR INABILITY TO USE THE BLESS SERVICES OR SOFTWARE, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE BLESS SERVICES, BLESS, OR OTHERWISE ARISING OUT OF THE USE OF THE BLESS SERVICES OR SOFTWARE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF BLESS OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
23. Termination/Access Restriction
Bless reserves the right, in its sole discretion, to terminate your access to the Bless Services, the Software, and the related services or any portion thereof at any time, without notice. Use of the Bless Services is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Bless as a result of these Terms or use of the Bless Services.
Bless' performance of the obligations described herein is subject to existing laws and legal process, and nothing contained in these Terms is in derogation of Bless' right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Bless Services or information provided to or gathered by Bless with respect to such use.
If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder these Terms shall remain in effect.
These Terms constitute the entire agreement between you and Bless with respect to the Bless Services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Bless with respect to the Bless Services. A printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
These Terms are non-transferable and you may not assign your rights and obligations under these Terms, or redistribute, encumber, sell, rent, lease, sublicense, or otherwise transfer your rights to the Software without the express written consent of Bless.
25. Changes to Terms
Bless reserves the right, at any time and in its sole discretion, to change or amend these Terms. Bless encourages you to periodically review the Terms to stay informed of our updates. Bless will provide you with notice of such changes. For the sake of clarity, notice of any changes to these Terms shall be accomplished upon the earlier occurrence of either, Bless sending you an email to the address listed in your Account, notifying you of such changes, or Bless announcing such changes through the Bless Services. Such changes will go into effect immediately upon your access of the Bless Services after you are given notice, as described herein. The most current version of the Terms will supersede all previous versions. Your continued use of the Bless Services following the notice of any changes to these Terms constitutes your acceptance of such changes.
26. Choice of Law
You hereby consent to the jurisdiction of the State of California and agree that its law will be used to resolve all disputes arising from or concerning these Terms.
27. Contact Us
Bless welcomes your questions or comments regarding these Terms. You may contact us at:
P.O. Box 4773
Orange, CA 92863
These Terms shall hereby go into effect as of January 10, 2019.