Blendables Labs Policies

No Warranty
Limitation of Liability
Release and Waiver
Modifications of Terms
Violations of Terms
Hold Harmless and Indemnity
Arbitration
Miscellaneous

No Warranty
Please note that the services, applications and controls provided as part of IdentityMine Labs are experimental in nature. They have not been tested in any manner, and IdentityMine does not represent that they are reliable, accurate, complete, or otherwise valid. ACCORDINGLY, THE SITE IS PROVIDED "AS IS" WITH NO WARRANTY OF ANY KIND AND YOU USE THE SERVICES, APPLICATIONS AND CONTROLS AT YOUR OWN RISK. IDENTITYMINE EXPRESSLY DISCLAIMS ANY WARRANTY, EXPRESS OR IMPLIED, REGARDING THE SITE OR ITS CONTENT, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. Some states do not allow the exclusion of warranty, so the above exclusions may not apply to you.

Limitation of Liability
UNDER NO CIRCUMSTANCES WILL IDENTITYMINE BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH USE OF THE SITE, WHETHER OR NOT IDENTITYMINE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES SHALL IDENTITYMINE BE LIABLE TO YOU FOR ANY AMOUNT. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation and exclusions may not apply to you.

Release and Waiver
To the maximum extent permitted by applicable law, you hereby release, and waive all claims against IdentityMine and its employees and agents from any and all liability for claims, damages (actual and consequential), costs and expenses (including litigation costs and attorneys' fees) of every kind and nature, arising out of or in any way connected with use of the Service. If you are a California resident, you waive your rights under California Civil Code § 1542, which states, "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." Residents of other states and nations similarly waive their rights under applicable and/or analogous laws, statutes, or regulations.

Modifications of Terms
IdentityMine shall have the right to modify the terms of this Agreement at any time, which modification shall be effective immediately upon posting to the Site. Accordingly, we suggest that you check this page periodically.

Violations of Terms
In addition to any legal remedies that IdentityMine may have for your violation of the terms of this Agreement, IdentityMine shall also have the right in its sole discretion to suspend or terminate your access to the Site.

Hold Harmless and Indemnity
You agree to hold harmless and indemnify IdentityMine, and its employees, agents and representatives, from and against any third party claim arising from or in any way related to your use of the Site, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. In such a case, IdentityMine will provide you with written notice of such claim, suit or action.

Arbitration
Any controversy or claim arising out of or relating to this Agreement shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The decision of the arbitrator shall be final and unappealable. The arbitration shall be conducted in Tacoma, Washington and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Notwithstanding anything to the contrary, IdentityMine may at any time seek injunctions or other forms of equitable relief from any court of competent jurisdiction.

Miscellaneous
If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be deemed superseded by a valid enforceable provision that most closely matches the intent of the original provision and the remaining provisions shall be enforced. IdentityMine's failure to act with respect to a breach by you or others does not waive IdentityMine's right to act with respect to subsequent or similar breaches. The failure of IdentityMine to exercise or enforce any right or provision of these terms and conditions shall not constitute a waiver of such right or provision. The section headings and subheadings contained in this Agreement are included for convenience only, and shall not limit or otherwise affect the terms of this Agreement. This agreement shall be interpreted in accordance with the laws of the State of Washington as if made in Washington by two residents of that state. This Agreement constitutes the entire agreement between IdentityMine and you with respect to the subject matter hereof.

Last updated July 16, 2008

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