Last Updated:September 12, 2016
ACCEPTANCE OF THESE TERMS
Bleaufire, LLC ("Bleaufire," "we," "our," or "us") provides property managers, vendors and tenants a Platform to communicate with each other to obtain quotes and hire property maintenance services. BLEAUFIRE DOES NOT PROVIDE OR HIRE PROPERTY MAINTENANCE SERVICES, AND ACCEPTS NO RESPONSIBILITY FOR INTERACTIONS AND SERVICES HIRED THROUGH THE PLATFORM. SEE “LIMITATION OF LIABILITY” AND “INDEMNIFICATION AND RELEASE.”
All references to "you" or "your," as applicable, mean the person who accesses, uses, and/or participates in the Platform in any manner, and each of your heirs, assigns, and successors. If you use the Platform on behalf of an entity, you represent and warrant that you have the authority to bind that entity, your acceptance of the Terms will be deemed an acceptance by that entity, and "you" and "your" herein shall refer to that entity.
Bleaufire reserves the right, in its sole discretion, to modify these Terms, and any other documents incorporated by reference herein, at any time and without prior notice. Bleaufire will notify you of changes by posting on the Platform or sending you an email. Amendments will become effective thirty (30) days after they are posted on the Platform or sent to you by email. Your use of the Platform after the expiration of the thirty (30) days shall constitute your consent to the changes. If you do not agree, you may not access or use the Platform.
ADDITIONAL TERMS AND POLICIES
"Platform" means all Bleaufire websites, SMS/text communications, mobile or other applications, software, processes and any other services provided by or through Bleaufire.
"Member" means a person who completes Bleaufire 's account registration process or a person who submits or receives a request through Bleaufire, including but not limited to Service Members and Customer Members.
"Customer Member" means a Member who is registered to receive quotes for Vendor Services, requests quotes for Vendor Services, or otherwise uses the Platform to receive, pay for, or facilitate the receipt of Vendor Services.
"Service Member" means a Member who is registered to send quotes for Vendor Services, sends quotes for Vendor Services, or otherwise uses the Platform to provide, receive payment for, or facilitate the provision of Vendor Services.
"Content" means text, graphics, images, music, software, audio, video, information or other materials, including but not limited to profile information, Vendor Services requests, quotes, message threads, reviews, scheduling and calendar information, and other information or materials available on or through the Platform.
"Bleaufire Content" means all Content Bleaufire makes available on or through the Platform, including any Content licensed from a third party, but excluding User Content.
"User Content" means all Content you submit, post, upload, publish, or transmit on or through the Platform, including but not limited to photographs, profile information, descriptions, postings, and reviews.
"Collective Content" means User Content and Bleaufire Content together.
"Vendor Services" means the services listed, quoted, scheduled, offered or provided by Service Members, or sought, scheduled or received by Customer Members, through the Platform.
ELIGIBILITY; SERVICE MEMBER REPRESENTATIONS AND WARRANTIES
Access to and use of the Platform is available only to individuals who are at least 18 years old and can form legally binding contracts under applicable law. By accessing or using the Platform, you represent and warrant that you are eligible.
By registering or using the Platform to offer, post or provide Vendor Services, Service Members represent and warrant that they, and the employees, agents, contractors, and subcontractors who may perform work for them, are properly and fully qualified and experienced, and licensed, certified, bonded, and insured, as required by applicable laws or regulations to which they may be subject in the jurisdiction(s) in which they offer their Vendor Services and in relation to the specific job they are performing. Service Members understand and agree that sending a quote does not guarantee the quote will be read, and using the Platform does not guarantee they will be hired for work.
ACCOUNT REGISTRATION AND OTHER SUBMISSIONS
Users may access the Platform without registering for an account. To access and participate in certain features of the Platform, you will need to create a password-protected account ("Account"). You are solely responsible for safeguarding your Bleaufire password and, if applicable, your Third-Party Site Password. You are solely responsible for all activity that occurs on your Account, and you will notify Bleaufire immediately of any unauthorized use. Bleaufire is not liable for any losses by any party caused by an unauthorized use of your Account. Notwithstanding the foregoing, you may be liable for the losses of Bleaufire or others due to such unauthorized use.
YOUR LICENSE TO USE THE PLATFORM
Subject to your compliance with these Terms, Bleaufire grants you a limited, non-exclusive, revocable, nontransferable, and non-sublicensable license to reproduce and display Collective Content (excluding any software source code) solely for your personal and non-commercial use and only in connection with your access to and participation in the Platform. You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Platform or Collective Content, except as expressly permitted in these Terms. The Platform and Collective Content are provided to you AS IS. If you download or print a copy of Collective Content for personal use, you must retain all copyright and other proprietary notices contained thereon. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Bleaufire or its licensors, except for the licenses and rights expressly granted in these Terms.
DELAYS AND ACCESSIBILITY
The Platform may be subject to limitations, delays, failure, and other problems inherent in the use of the Internet and electronic communications. Bleaufire is not responsible for any delays, failures or other damage resulting from such problems.
Bleaufire cannot and does not guarantee the accuracy, integrity, quality or appropriatness of any User Content transmitted to or through the Platform. You acknowledge that Bleaufire simply acts as a passive conduit and an interactive computer service provider for the publication and distribution of User Content. You understand that all User Information posted on, transmitted through or linked through the Service, are the sole responsibility of the person from whom such User Content originated. You understand that Bleaufire does not control, and is not responsible for User Content made available through the Platform, and that by using the Platform, you may be exposed to Content that is inaccurate, misleading, or offensive. You agree that you must evaluate and make your own judgment, and bear all risks associated with, the use of any Content.
We may, in our sole discretion, permit you to post, upload, publish, submit or transmit User Content. By making available any User Content on or through the Platform, you hereby grant to Bleaufire a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such User Content on, through, by means of or to promote, market or advertise the Platform or Vendor Services, or for any other purpose in our sole discretion, except that private messaging through the Platform will not be used by Bleaufire in public advertising. In the interest of clarity, the license granted to Bleaufire shall survive termination of the Platform or your Account. With the exception of feedback, Bleaufire does not claim ownership rights in your User Content and nothing in these Terms will be deemed to restrict rights that you may have to use and exploit any such User Content.
You acknowledge and agree that you are solely responsible for all User Content that you make available on or through the Platform. Accordingly, you represent and warrant that: (a) you either are the sole and exclusive owner of all User Content that you make available on or through the Platform or you have all rights, licenses, consents and releases that are necessary to grant to Bleaufire the rights in such User Content, as contemplated under these Terms; and (b) neither the User Content nor your posting, uploading, publication, submission or transmittal of the User Content or Bleaufire's use of the User Content (or any portion thereof) on, through or by means of the Platform will infringe, misappropriate or violate a third party's patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. You further acknowledge that Bleaufire has no obligation to screen, preview, monitor or approve any User Content. However, you agree that Bleaufire may proofread, summarize or otherwise edit and/or withdraw Content provided by you, and you understand it remains your sole responsibility to monitor your User Content and ensure that such edited Content is accurate and consistent with your representations and warranties in these Terms. You further agree that you are the author of all Content you create and submit to the Platform and that you are the owner of such Content, subject to the license rights granted in these Terms. Please note that you may be liable for damages (including costs and attorneys’ fees) for unlawful misrepresentations. If you are uncertain whether an activity is unlawful, we recommend seeking advice of an attorney.
Bleaufire reserves the right, at any time and without prior notice, to remove or disable access to User Content that we, in our sole discretion, consider to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Platform or users, or for any other reason.
As a user of the Platform, you may not:
Š Use another person's Account, misrepresent yourself or Vendor Services offered through the Platform, misrepresent your identity or qualifications, misrepresent a project or other information in a quote request, or post Content in any inappropriate category or areas on the Platform;
Š Use any automated system including but not limited to robots, spiders, offline readers, scrapers to access the Platform for any purpose without Bleaufire's prior written approval;
Š In any manual or automated manner copy copyrighted text, or otherwise misuse or misappropriate Platform information or Content including but not limited to, use on a mirrored, competitive, or third-party site;
Š Transmit more request messages through the Platform in a given period of time than a human can reasonably produce in the same period by using a conventional online web browser; provided, however, that the operators of public search engines may use spiders or robots to copy materials from the Platform for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such material. Bleaufire reserves the right to revoke these exceptions either generally or in specific cases;
Š Take any action that (a) may unreasonably encumber the Platform's infrastructure; (b) interferes or attempts to interfere with the proper working of the Platform or any third-party participation; (c) bypasses measures that are used to prevent or restrict access to the Platform; (d) circumvents, disables or otherwise interferes with security features of the Platform; (e) distributes viruses or any other technologies that may harm Bleaufire or users; (f) uses the Platform in a way that violates any copyrights, trade secrets, or other rights of any third party, including privacy or publicity rights; or (g) circumvents or manipulates Fee (defined herein) structure, billing, or Fees owed;
Š Collect, harvest or publish any personally identifiable data including but not limited to names or other account information, from the Platform, or use the communication systems provided by the Platform for any reason not explicitly authorized by these Terms, including commercial solicitation purposes;
Š Recruit, solicit, or contact in any form Service Members or Customer Members for employment or any other use not specifically intended by the Platform;
Š Take any inappropriate or unlawful actions, including the submission of inappropriate or unlawful Content to or through the Platform, including Content that is harassing, hateful, illegal, profane, obscene, defamatory, threatening, or discriminatory; advocates, promotes, or encourages inappropriate activity, conduct that would be considered a criminal offense, or conduct that would give rise to civil liability or violate any law;
Š Advertise or solicit a Vendor Service not related to or appropriate for the Platform including, but not limited to any Vendor Service that (a) is not in supported categories or provides only products; (b) provides directories or referrals; (c) offers lending; (d) offers rental space; (e) promotes events (such as a party or professional convention); (f) competes with the business of Bleaufire; (g) is based outside the United States; (h) promotes or offers Ponzi schemes, junk mail, spam, chain letters, pyramid schemes, affiliate marketing or unsolicited commercial content, discount cards, credit counseling, online surveys or contests, raffles, prizes, bonuses, games of chance or giveaways; or (i) provides non-local content.
Š Submit User Content that damages the experience of any user including but not limited to (a) requests to download non-Bleaufire mobile applications and/or links that direct the user to mirrored websites where the user must enter information that is redundant with what has already been entered on Bleaufire, (b) offers to purchase a Vendor Service or any other service outside of Bleaufire, or (c) using a profile page or user name to promote services not offered on or through the Platform;
Š Take any action that may undermine the efficacy or accuracy of reviews or ratings systems;
Š Fail to perform Vendor Services purchased from you as promised, unless the Customer Member fails to materially meet the terms of the mutually agreed-upon agreement for the Vendor Services or refuses to pay, or a clear typographical error is made, or you cannot authenticate the Customer Member's identity;
Š Engage in fraudulent conduct including but not limited to offering to make money transfers with intent to request a refund of any portion of the payment or soliciting users to mail cash or use other payment methods not specifically approved by Bleaufire;
Š Sign up for, negotiate a price for, use, or otherwise solicit a Vendor Service with no intention of following through with your use of or payment for the Vendor Service;
Š Agree to purchase a Vendor Service when you do not meet a Service Member's requirements;
Š Undertake any activity or engage in any conduct that is inconsistent with the business or purpose of the Platform; and
Š Attempt to indirectly undertake any of the foregoing.
BLEAUFIRE FEES AND TAXES
In connection with use of Bleaufire's Platform, Bleaufire charges certain Fees ("Bleaufire Fees" or "Fees"). Current Fees related to the quoting process will be shown when purchasing Bids ("Bleaufire Bids"). Fees for additional products or services will be shown in policies or terms provided to you before you use such products or services. Bleaufire may also charge penalty Fees for fraud, misconduct or other violations of these Terms, as determined in our sole discretion. Information about current penalty Fees is available in the policy or support center. You agree to pay all applicable Fees or charges based on the Fee and billing terms then in effect, regardless of whether you have an active Account. Charges shall be made to your credit card, PayPal or other payment method designated at the time you make a purchase or register for a service. If you do not pay on time or if Bleaufire cannot charge a credit card, PayPal or other payment method for any reason, Bleaufire reserves all rights permissible under law to recover payment and all costs and expenses incurred, including reasonable attorneys' fees, in our pursuit of payment. You explicitly agree that all communication in relation to delinquent accounts or Fees due will be made by electronic mail or by phone. Such communication may be made by Bleaufire or by anyone on its behalf, including but not limited to a third party collection agent. If you cancel your Account at any time, you will not receive any refund. If you have a balance due on any account, you agree that Bleaufire may charge such unpaid Fees to your credit card or otherwise bill you for such unpaid Fees. You understand and agree that you are solely responsible for determining your own tax reporting requirements in consultation with tax advisers, and that we cannot and do not offer specific tax advice to either Service Members or Customer Members. All sales on Bleaufire are final and non-refundable.
Your purchase or receipt of Bleaufire Bids represents the purchase or receipt of Bids that can be used by you to send quotes via the Platform to potential customers. Each category requires a specific number of Bleaufire Bids to quote. Bleaufire Bids have no monetary/cash value and your purchase or receipt of Bleaufire Bids does not represent a pre-funding of stored value that can be accessed or used in the future for any purpose. You agree that all sales of Bleaufire Bids are final and non-refundable. Information and current pricing is available on our website.
INTELLECTUAL PROPERTY RIGHTS
Bleaufire Content is protected by copyright, trademark, and other laws of the United States, foreign countries, and international conventions. Except as expressly provided in these Terms, Bleaufire and its licensors exclusively own all right, title, and interest in and to the Platform and Bleaufire Content, including all associated intellectual property rights. All trademarks, service marks, logos, trade names and any other proprietary designations of Bleaufire used herein are trademarks or registered trademarks of Bleaufire. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective owners.
You acknowledge and agree that all feedback, comments, questions and suggestions ("Feedback") you provide to Bleaufire are the sole and exclusive property of Bleaufire. You hereby irrevocably assign to Bleaufire and agree to irrevocably assign to Bleaufire all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent, copyright, trade secret, moral and other proprietary or intellectual property rights therein, and waive any moral rights you may have. At our request and expense, you will undertake any tasks we may reasonably request to assist us in acquiring, perfecting and maintaining intellectual property rights and other legal protections for the Feedback. Bleaufire shall have no obligation concerning the Feedback, including but not limited to no obligation to return any materials or acknowledge receipt of any Feedback. By sending or otherwise transmitting Feedback to Bleaufire, you represent and warrant that you have the right to disclose the Feedback and the Feedback does not violate the rights of any other person or entity. This Feedback section shall survive any termination of your Account or the Platform.
We expect users to respect copyright law. In appropriate circumstances we will terminate the Account of any user who repeatedly infringes or is believed to be repeatedly infringing the rights of copyright holders. Please see our Copyright Policy for more information.
Bleaufire does not endorse any Member, user or any Vendor Services, and Bleaufire is not a party to any agreements between or among users, Members or third parties. No agency, partnership, joint venture, or employment is created as a result of the Terms or any user's or Member's use of any part of the Platform, including but not limited to any scheduling or other services. Neither Bleaufire nor any Members or users of the Platform may direct or control the day-to-day activities of the other, or create or assume any obligation on behalf of the other. Members are required by these Terms to provide accurate information, and although Bleaufire may undertake additional checks and processes designed to help verify or check the identities or backgrounds of users, we do not make any representations about, confirm, or endorse any user or their purported identity or background, regardless of the specific Bleaufire services they are using or any involvement by Bleaufire personnel in providing or scheduling those services.
Any reference on the Platform to a user being licensed or credentialed in some manner, or "preferred," "top," "background checked" (or similar language) designations indicates only that the user has completed a relevant account process or met user review standards, and does not represent anything else. Any such description is not an endorsement, certification or guarantee by Bleaufire and is not verification of their identity and whether they or their Vendor Services are licensed, insured, trustworthy, safe or suitable. Instead, any such description is intended to be useful information for you to evaluate when you make your own decisions about the identity and suitability of others whom you contact or interact with via the Platform. You should always exercise responsibility, due diligence and care when deciding whether to have any interaction with any other user. Bleaufire is not responsible for any damage or harm resulting from your interactions with other users.
The Collective Content may contain links to third-party websites, offers, or other events/activities not owned or controlled by Bleaufire. We do not endorse or assume any responsibility for any such links, and if you access them, you do so at your own risk.
By using the Platform, you understand and agree that any legal remedy or liability that you seek to obtain for actions or omissions of other users or other third parties will be limited to a claim against those particular users or other third parties. You agree not to attempt to impose liability on or seek any legal remedy from Bleaufire with respect to such actions or omissions.
SANCTIONS FOR VIOLATIONS OF THESE TERMS
Without limiting any other rights reserved herein, Bleaufire may, in its sole discretion, take any action permitted by law for any violation of these Terms or any other policy or agreement between you and Bleaufire, including but not limited to removing User Content you posted, limiting your Account access, requiring you to forfeit certain funds or paid Fees, assessing monetary penalties, terminating your Account, decreasing your status or search rank, canceling quotes or postings, blocking access, investigating you, and/or cooperating with law enforcement agencies in investigation or prosecution.
ACCOUNT SUSPENSION OR TERMINATION
We may, in our discretion, with or without cause, with or without prior notice and at any time, decide to limit, block, suspend, deactivate or cancel your Bleaufire Account in whole or in part. If we exercise our discretion under these Terms to do so, any or all of the following can occur with or without prior notice or explanation to you: (a) your Account will be deactivated or suspended, your password will be disabled, and you will not be able to access the Platform or your User Content, or receive assistance from Bleaufire support teams; (b) if appropriate in our sole discretion, we may communicate to other users that your Account has been terminated, and why it has been terminated; and (c) you will not be entitled to any compensation for Platform services or Vendor Services cancelled or delayed or as a result of Account termination. You may cancel your use of the Platform and/or terminate your Account at any time by following the "Settings" link in in your profile, clicking "Account," and clicking "Delete Account." Please note that if your Account is cancelled, we do not have an obligation to delete or return to you any Content you have posted to the Platform, including, but not limited to, any reviews.
DISPUTE RESOLUTION AND GOVERNING LAW
Most disputes can be resolved without resort to litigation. You can reach Bleaufire's support department at support@Bleaufire.com. The parties agree to use their best efforts to settle any dispute, claim, question, or disagreement directly through consultation with the Bleaufire support department, and good faith negotiations shall be a condition to either party initiating a lawsuit.
The Terms and the relationship between you and Bleaufire shall be governed in all respects by the laws of the State of Florida, without regard to its conflict of law provisions. You agree that any claim or dispute you may have against Bleaufire must be resolved by a court located in Miami-Dade County, Florida, or a United States District Court located in Miami-Dade County, Florida, except as otherwise agreed by the parties. You agree to submit to the personal jurisdiction of the courts located within Miami-Dade County, Florida or the United States District Court located in Miami-Dade County, Florida, for the purpose of litigating all such claims or disputes. You hereby waive any and all jurisdictional and venue defenses otherwise available.
WAIVER OF JURY TRIAL
YOU ACKNOWLEDGE AND AGREE THAT ANY CONTROVERSY THAT MAY ARISE UNDER THESE TERMS AND THE RELATIONSHIP BETWEEN YOU AND BLEAUFIRE IS LIKELY TO INVOLVE COMPLICATED AND DIFFICULT ISSUES AND, THEREFORE, YOU IRREVOCABLY AND UNCONDITIONALLY WAIVE ANY RIGHT YOU MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LEGAL ACTION ARISING OUT OF OR RELATING TO THIS THESE TERMS AND THE RELATIONSHIP BETWEEN YOU AND BLEAUFIRE. YOU CERTIFY AND ACKNOWLEDGE THAT (A) NO REPRESENTATIVE OF BLEAUFIRE HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT BLEAUFIRE WOULD NOT SEEK TO ENFORCE THE FOREGOING WAIVER IN THE EVENT OF A LEGAL ACTION, (B) YOU HAVE CONSIDERED THE IMPLICATIONS OF THIS WAIVER, AND (C) YOU MAKE THIS WAIVER VOLUNTARILY.
YOUR USE OF THE PLATFORM, VENDOR SERVICES OR COLLECTIVE CONTENT SHALL BE SOLELY AT YOUR OWN RISK. YOU ACKNOWLEDGE AND AGREE THAT BLEAUFIRE DOES NOT HAVE AN OBLIGATION, BUT RESERVES THE RIGHT FOR ANY REASON, TO (A) MONITOR OR REVIEW USER CONTENT; OR (B) CONDUCT IDENTITY VERIFICATION, BACKGROUND OR REGISTERED SEX OFFENDER CHECKS ON ANY MEMBER, INCLUDING BUT NOT LIMITED TO SERVICE MEMBERS AND CUSTOMER MEMBERS. THE PLATFORM IS PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, BLEAUFIRE AND ITS AFFILIATES AND SUBSIDIARIES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT; ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF OR IN TRADE; ANY WARRANTIES, REPRESENTATIONS, OR GUARANTEES IN CONNECTION WITH THIS PLATFORM OR THE VENDOR SERVICES OFFERED ON OR THROUGH THIS PLATFORM; AND ANY WARRANTIES RELATING TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THIS PLATFORM, INCLUDING WITHOUT LIMITATION ALL COLLECTIVE CONTENT. BLEAUFIRE MAKES NO WARRANTY THAT THE PLATFORM OR VENDOR SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. BLEAUFIRE ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR ANY DAMAGES TO YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO OR USE OF THE PLATFORM. BLEAUFIRE SHALL NOT BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY DATA, INFORMATION, MATERIALS, SUBSTANCE, OR COLLECTIVE CONTENT POSTED, TRANSMITTED, OR MADE AVAILABLE VIA THE PLATFORM. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM BLEAUFIRE OR THROUGH THE PLATFORM, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OR MEMBERS OF THE PLATFORM AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE PLATFORM, INCLUDING BUT NOT LIMITED TO ANY CUSTOMER MEMBERS, SERVICE MEMBERS OR SERVICE RECIPIENTS. YOU UNDERSTAND THAT BLEAUFIRE DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE PLATFORM OR TO REVIEW OR VET ANY VENDOR SERVICES. BLEAUFIRE MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE PLATFORM OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE PLATFORM. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE PLATFORM AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE PLATFORM, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON AND GIVE OR RECEIVE VENDOR SERVICES. BLEAUFIRE EXPLICITLY DISCLAIMS ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY USERS OR THIRD PARTIES.
LIMITATION OF LIABILITY
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE PLATFORM AND COLLECTIVE CONTENT, YOUR OFFERING OR PROVIDING VENDOR SERVICES OR REQUESTING OR RECEIVING VENDOR SERVICES THROUGH THE PLATFORM, AND ANY CONTACT YOU HAVE WITH OTHER USERS OF BLEAUFIRE OR THIRD PARTIES, WHETHER IN PERSON OR ONLINE, REMAINS WITH YOU. NEITHER BLEAUFIRE NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE PLATFORM WILL BE LIABLE (WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT BLEAUFIRE HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE) FOR: (A) ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL; (B) SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE; (C) THE COST OF SUBSTITUTE PRODUCTS OR SERVICES; (D) ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS; (E) THE USE OF OR INABILITY TO USE THE PLATFORM, VENDOR SERVICES OR COLLECTIVE CONTENT; (F) ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE PLATFORM OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE PLATFORM; OR (G) YOUR OFFERING OR PROVIDING VENDOR SERVICES OR REQUESTING OR RECEIVING VENDOR SERVICES THROUGH THE PLATFORM.
IN NO EVENT SHALL THE TOTAL, AGGREGATE LIABILITY OF BLEAUFIRE AND ITS AFFILIATES AND SUBSIDIARIES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, ARISING FROM OR RELATING TO THE TERMS, PLATFORM, VENDOR SERVICES, AND/OR COLLECTIVE CONTENT, OR FROM THE USE OF OR INABILITY TO USE THE PLATFORM OR COLLECTIVE CONTENT OR IN CONNECTION WITH ANY VENDOR SERVICES OR INTERACTIONS WITH ANY OTHER USERS EXCEED THE TOTAL AMOUNT OF FEES ACTUALLY PAID TO BLEAUFIRE BY YOU HEREUNDER, OR ONE HUNDRED US DOLLARS IF NO SUCH PAYMENTS HAVE BEEN MADE, AS APPLICABLE.
You understand that you are not entitled to workers’ compensation benefits or unemployment insurance benefits provided by Bleaufire and that solely you are obligated to pay federal and state income tax on any monies earned from Vendor Services you provide.
You understand that the Content has significant value to Bleaufire and that the damage caused to Bleaufire for any violation of these Terms pertaining to a report or record will be difficult to accurately estimate. Thus, you shall be liable to pay us the following amounts as liquidated damages, and you agree that the liquidated damages are a reasonable estimate of Bleaufire’s damages for the specified breaches of these Terms:
1. If you post Content in violation of these Terms, you agree to promptly pay Bleaufire one thousand dollars ($1,000) for each item of Content posted in violation of these Terms. We may (but shall not be required to) issue you a warning before assessing damages.
2. If you display, copy, duplicate, reproduce, sell, re-sell or exploit for any purpose any Content in violation of these Terms, you agree to pay one hundred dollars ($100) for each item of Content that you displayed, copied, duplicated, reproduced, sold, re-sold or exploited for any purpose.
3. Except as set forth in the foregoing subparagraphs 1 and 2, you agree to pay the actual damages suffered by Bleaufire, including, but not limited to attorneys’ fees and court costs, to the extent such actual damages can be reasonably calculated. Notwithstanding any other provision of these Terms, we reserve the right to seek the remedy of specific performance of any term contained in these Terms, or a preliminary or permanent injunction against the breach of such term or in the aid of the exercise of any power granted in these Terms, or any combination thereof.
INDEMNIFICATION AND RELEASE
BLEAUFIRE DOES NOT PROVIDE OR HIRE PROPERTY MAINTENANCE SERVICES, AND ACCEPTS NO RESPONSIBILITY FOR INTERACTIONS AND SERVICES HIRED THROUGH THE PLATFORM. You agree to release, defend, indemnify, and hold Bleaufire and its affiliates and subsidiaries, and their respective officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation reasonable legal and accounting fees, arising out of or in any way connected with (a) your access to or use of the Platform or your violation of these Terms; (b) your User Content or the Collective Content; (c) your interaction with any Member or user; and (d) the request or receipt or offer or provision of Vendor Services by you, including but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with such Vendor Services. Bleaufire will have sole control of the defense of any such damage or claim.
If you are a California resident, you waive California Civil Code Section 1542, which provides:
A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.
If you are not a California resident, you waive your rights under any statute similar to Section 1542 that governs your rights in the jurisdiction of your residence.
Bleaufire SMS Terms and Conditions
Bleaufire, LLC. ("Bleaufire," "we," "us," or "our") provides these SMS Terms and Conditions (the "SMS Terms"), which govern the provision and delivery of text messages by us or our text message service providers to you. Bleaufire provides this service to all of our users, including Bleaufire Vendors and those consumers seeking Bleaufire Vendors. We or our service providers send text messages to: (1) provide you with information you requested from Bleaufire; (2) inform you of improvements, features, or Bleaufire services that may be of interest to you; (3) to facilitate the matching of Bleaufire users with Bleaufire Vendors or other features you voluntarily use on Bleaufire; and (4) to respond to your inquiries regarding your account or use of Bleaufire.
By agreeing to use the Platform, through which you will receive text messages, you also consent to the use of an electronic record to document your agreement.
To view and retain a copy of this disclosure or any information regarding your enrollment in this program, you will need (i) a device (such as a computer or mobile phone) with a web browser and Internet access and (ii) either a printer or storage space on such device. For a free paper copy, or to update our records of your contact information, email Bleaufire support with contact information and the address for delivery.
Text messages are the primary method of communication in the Platform..
By signing up to use the Platform, you agree that Bleaufire or its agents may use any automated or non-automated technology to send you informational and/or promotional text messages. The types of text messages you will receive depend on the SMS campaign(s) you opted into.
Costs of Using Bleaufire Text Messages
Bleaufire does not charge you for its text message program. But message and data rates may apply, so depending on your plan with your wireless or other applicable provider, you may be charged by your carrier or other applicable provider.
Frequency of Text Messages
The number of text messages you receive may depend upon factors including how you use our services and whether you take steps to generate additional text messages from us (such as by sending a service request).
Content is not available on all carriers and carrier participation could change. As of July 25, 2016, our text messages can be sent through the following carriers: AT&T, T-Mobile USA, Verizon Wireless, Sprint, Advantage Cellular (DTC Wireless), Aio Wireless, Alaska Communications Systems (ACS), Appalachian Wireless (EKN), Bluegrass Cellular, Boost Mobile, Carolina West Wireless, CellCom, Cellular One of East Central IL (ECIT), Cellular One of Northeast Arizona, Cellular One of Northeast Pennsylvania, Chariton Valley Cellular, Cricket, Coral Wireless (Mobi PCS), Cross, C-Spire (CellSouth), Duet IP (Maximum Communications New Core Wireless), Element Mobile (Flat Wireless), Epic Touch (Elkhart Telephone), GCI, Golden State, Google Voice, Hawkeye (Chat Mobility), Hawkeye (NW Missouri), Illinois Valley Cellular, Inland Cellular, iWireless (Iowa Wireless), Keystone Wireless (Immix Wireless/PC Man), Metro PCS, Mosaic (Consolidated or CTC Telecom), MTA Communications, MTPCS (Cellular One Nation), Nex-Tech Wireless, NTelos, Panhandle Communications, Peoples Wireless, Pine Cellular, Pioneer, Plateau (Texas RSA 3 Ltd), RINA, Sagebrush Cellular (Nemont), SI Wireless/Mobile Nation, Simmetry (TMP Corporation), SouthernLinc, SRT Wireless, Thumb Cellular, Union Wireless, United Wireless, U.S. Cellular, Viaero Wireless, Virgin Mobile, and West Central (WCC or 5 Star Wireless). The content is not compatible with all cell phone models. Bleaufire will not be liable for any delays in the receipt of any SMS messages or changes to the participating carriers as delivery is subject to effective transmission from your carrier with active participation at that time.
Opting Out of Bleaufire Text Messages
If you no longer want to receive Bleaufire text messages, you may email your Property Manager or email us at Support@bleaufire.com. After doing so, we will send you confirmation of your opt-out via email message. If you have revoked consent and want to re-enroll in our text message program, you can re-enroll through the authorizing Vendor Member or Property Manager.
Modifications to these SMS Terms
We reserve the right to modify these SMS Terms, or any part thereof, or add or remove terms at any time, and such modifications, additions or deletions will be effective immediately upon posting. Your continued enrollment in Bleaufire's text messaging program shall be deemed to constitute acceptance by you of such modifications, additions or deletions.
Force Majeure: Other than payment obligations, neither Bleaufire nor you shall be liable to the other for any delay or failure in performance under the Terms arising out of a cause beyond its control and without its fault or negligence. Such causes may include but are not limited to fires, floods, earthquakes, strikes, unavailability of necessary utilities, blackouts, acts of God, acts of declared or undeclared war, acts of regulatory agencies, or national disasters.
No Third-Party Beneficiaries: You agree that, except as otherwise expressly provided in these Terms, there shall be no third-party beneficiaries to these Terms.
Contacting You and E-SIGN Consent: You agree that Bleaufire may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Platform. With your consent, Bleaufire or Service Members may also contact you by telephone or through text messages. You have agreed to receive text messages or telephone calls from Bleaufire or Service Members, you also consent to the use of an electronic record to document your agreement. You may withdraw your consent to the use of the electronic record by sending an email to support@Bleaufire.com with "Revoke Electronic Consent" in the subject line. To view and retain a copy of this disclosure or any information regarding your enrollment in this program, you will need (a) a device (such as a computer or mobile phone) with a web browser and Internet access; and (b) either a printer or storage space on such device. For a free paper copy, or to update our records of your contact information, send an email to support@Bleaufire.com with contact information and the address for delivery.
Waiver: No waiver of any provision of this these Terms shall be deemed a further or continuing waiver of such term or any other term, and Bleaufire's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
Statute of Limitations: You agree that regardless of any statute or law to the contrary, any claim arising out of or related to the Platform or the Vendor Services offered therein must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
Section Headings: The section headings in these Terms are for convenience only and have no legal or contractual effect.
Contact Information: If you have any questions about these Terms or the Platform, please contact us by sending an email to support@Bleaufire.com, or by writing to Bleaufire, LLC, 400 NW 26th St Suite 10 Miami, FL 33127