This Terms of Use Agreement (the “Agreement”) is between you and Blimp Homes Inc. (“Blimp”, “we”, or “us”) and governs your use of the blimphomes.com website (the “Website”). The Websites provides a real property listing search portal for consumers and their real estate agents.
THIS AGREEMENT CONTAINS A BINDING ARBITRATION CLAUSE AND A CLASS ACTION WAIVER WHICH MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS. PLEASE READ THIS AGREEMENT CAREFULLY.
1. Definitions. Capitalized terms used in this Agreement shall have the meaning set forth below:
2. Acceptance of Terms. This Agreement constitutes a binding agreement between you and Blimp. By clicking to accept this Agreement, creating an Account, or using the Services, you certify that you have read and accept this Agreement. If you do not agree to the terms of this Agreement, you must immediately cease using the Services. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.
3. Changes to this Agreement and the Services. We may modify, alter, remove, or add improvements to this Agreement, the Website, Services, or any information, products, or other materials available in the Services at any time. We will notify you of any changes to this Agreement by posting the new Agreement here and updating the effective date at the top of this Agreement. It is your responsibility to regularly review this Agreement for any modifications. Your access to or use of the Website or Services after any modification to this Agreement shall constitute your acceptance and agreement with the updated or modified Agreement. If you do not agree with the modifications, you must immediately cease using the Website and Services and delete your Account.
4. License. We grant you a non-exclusive, non-transferable, revocable limited license to access the Website, create an Account, and use the Services for your own personal use. The license granted under this Agreement is specific to your Account and cannot be transferred, sublicensed, sold, or assigned without the prior written consent of Blimp. The license to use the Services includes all of the features, applications, software, and materials made available via the Website, including but not limited to real property listing information, listing search, property information, video, audio, and other content.
5. Restrictions. You agree to comply with all applicable laws, rules, and policies of the United States of America and your country of residence, and this Agreement, as may be amended from time to time, in your use of the Website and Services. You acknowledge that you are prohibited from:
A violation of any of the foregoing may result in immediate deletion of your Account and termination of your access to the Services and may subject you to state and federal penalties and other legal consequences. We reserve the right, but shall have no obligation, to investigate use of the Website and Services to determine whether a violation of this Agreement has occurred or to comply with any applicable law, regulation, legal process, or governmental request.
6. Account Security. You are not required to create an Account in order to access the Website or use the Services. However, some features of the Services will not function if you do not create an Account. If you choose to create an Account, you are responsible for maintaining the security of your Account, including without limitation securing your Account username and password from unauthorized use and restricting access to your Account via your computer or device. A secure and complex password should be used to protect your Account. If you suspect your password has been compromised, you must notify Blimp and change your password immediately. YOU ARE SOLELY RESPONSIBLE FOR ANY ACTIVITY ON YOUR ACCOUNT, REGARDLESS OF WHETHER SUCH ACTIVITY WAS AUTHORIZED BY YOU, INCLUDING BUT NOT LIMITED TO ANY USER CONTENT PUBLISHED OR PURCHASES MADE THROUGH YOUR ACCOUNT.
7. Billing. If you sign up for Blimp’s Lead Generation Service, you will be required to submit payment card information to Blimp. You acknowledge and understand your payment card will be charged the then-current fees for the Lead Generation Service. By providing payment card information to Blimp, you warrant that you are the accountholder of record and you authorize us to charge your payment card for the applicable fees. You acknowledge Blimp will use your payment card in accordance with our Privacy Policy, including providing your payment card information to third-party payment processors for the purpose of conducting a transaction. It is your responsibility to update your payment information as necessary. Cancelled or insufficient payments may result in the termination of your Account. You are responsible for any applicable taxes incurred by you in relation to payments made to Blimp. All payments are nonrefundable.
8. Third-Party Links. The Services may link to websites or content owned by third-parties (the “Third-Party Sites”). We are not responsible for the availability, accuracy, content, products, advertising, or other material made available through any Third-Party Site, nor do we have any obligation to monitor such Third-Party Sites or content on those Third-Party Sites. We do not endorse or guarantee any Third-Party Sites to which the Services link, or which link to the Services. You should read the terms of use and privacy policy for any Third-Party Site you visit and contact the administrator with any questions or concerns.
9. No Endorsement. Certain features of the Services may allow you to contact, interact with, or request services from professionals. By entering any information to send to a professional or requesting communication from a professional, you authorize to share such information or request with that professional. We are not responsible for the content, services, or actions of those professionals. Blimp does not endorse, guarantee, or vet the services provided by such professionals, nor do we investigate the qualifications, background, reputation, or license status of any professional. You acknowledge that you contact and use a professional advertised in the Services at your own risk.
10. User Generated Content. Certain features of the Services may allow you to enter, post, or transmit information or messages. By entering or submitting any User Content through the Services, you grant to Blimp a worldwide, perpetual, nonexclusive, license to host, display, publish, transfer, sublicense, and transmit your User Content as specifically authorized by you. You acknowledge that you have no expectation of privacy or confidentiality in any User Content you post or transmit via the Services. By entering any User Content, you represent and warrant to Blimp that your User Content:
You acknowledge and agree we may monitor, alter, or remove from the Services any User Content provided by you that violates this Agreement, in Blimp’s sole discretion. You may report any obscene, abusive, lewd, defamatory, discriminatory, harassing, or unlawful User Content by contacting Blimp at the email address in Section 23 regarding “Notices” below.
11. Intellectual Property Rights. You acknowledge that Blimp and its licensors and service providers own all right, title, and interest in and to the Services, including but not limited to all copyright, trademark, service mark, trade secret, patent, and other intellectual property rights therein. You are only permitted to use the Website and Services as authorized in this Agreement and not for any other purpose, including but not limited to commercially exploiting the Services or creating a competing product or service.
The Blimp name, logo, and other product/service names, brands, slogans (collectively, the “Trademarks”), and the goodwill associated with the Trademarks, constitute valuable intellectual property of Blimp. You are prohibited from using the Trademarks or any derivative or similar marks: (a) in any product or service; (b) in any URL; (c) in a manner that is defamatory or affects the goodwill associated with the Trademarks; (d) to dilute the Trademarks; or (e) in a manner that suggests Blimp endorses or supports you, your business, or your products/services.
You retain all right, title, and interest to your User Content, subject to the license granted in this Agreement. We do not claim ownership in any of your User Content.
12. Termination. We reserve the right to suspend, disable, or terminate your Account at any time with or without notice to you upon reasonable belief that you have violated the terms of this Agreement or any applicable law. We may terminate certain features in the Services at any time without prior notice.
You may cease using the Services and terminate your Account at any time by sending a notice to accounts@blimphomes.co. Prior to termination, you should download all content from your Account that you wish to retain after your Account is disabled.
13. Representations and Warranties. You represent and warrant that (a) you are at least eighteen (18) years of age; (b) all of the information provided by you to Blimp is correct and current and you are authorized to provide such information; (c) you will use the Website and Services only as authorized in this Agreement and other Blimp policies; (d) you will comply with all applicable laws, rules, and regulations in your use of the Website and Services; and (e) you have all necessary right, power, and authority to enter into this Agreement and perform the acts required of you.
14. Indemnification. You agree to hold harmless, indemnify, and defend Blimp and our directors, officers, affiliates, shareholders, licensors, and employees from and against any claims, liabilities, damages, losses, and expenses, including but not limited to reasonable attorney’s fees and costs, arising from or related to your use of the Services, your User Content, or your breach of this Agreement. In such a case, we will provide you with written notice of such claim, suit, or action. You agree to cooperate with us in the defense of the claim. We reserve the right to assume control of the defense.
15. Disclaimer. You understand and agree that the Website and Services are provided on an “AS IS” and “AS AVAILABLE” basis. We disclaim all responsibility and liability for the availability, timeliness, accuracy, security or reliability of the Website and Services. BLIMP AND ITS LICENSORS AND SERVICE PROVIDERS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OR REPRESENTATIONS OF ANY KIND, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF PERFORMANCE, QUIET ENJOYMENT, TITLE, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE SERVICES WILL BE ACCURATE, COMPLETE, AUTHENTIC, SECURE, OR ERROR-FREE, OR THAT ACCESS TO OR USE OF THE WEBSITE WILL BE UNINTERRUPTED. YOU ACKNOWLEDGE THAT, DUE TO THE NATURE OF THE INTERNET, TRANSMISSIONS TO AND FROM THE WEBSITE MAY BE INTERCEPTED BY THIRD PARTIES.
WE DO NOT WARRANT THAT THE SERVICES WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS. YOU ACKNOWLEDGE AND AGREE THAT ACCESS TO AND USE OF THE WEBSITE AND SERVICES IS AT YOUR OWN RISK.
IF YOU ARE A CONSUMER, WE DO NOT WARRANT THE BACKGROUND, EXPERIENCE, SKILL, CAPABILITY, OR AVAILABILITY OF THE REAL ESTATE PROFESSIONALS TO WHICH YOU ARE REFERRED, OR IF YOU ARE A REAL ESTATE PROFESSIONAL, WE DO NOT WARRANT THAT THE REFERRALS OR LEADS YOU RECEIVE WILL CHOOSE TO RETAIN YOUR SERVICES OR THAT YOU WILL EARN A CERTAIN AMOUNT OR COMPLETE A TRANSACTION WITH SUCH REFERRAL OR LEAD.
16. Limitation of Liability. NEITHER BLIMP NOR ITS DIRECTORS, SHAREHOLDERS, OFFICERS, AFFILIATES, EMPLOYEES, LICENSORS, OR SERVICE PROVIDERS WILL BE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION ANY PERSONAL INJURY, LOST PROFITS, LOST REVENUE, LOSS OF BUSINESS, BUSINESS INTERRUPTION, LOSS OF DATA, OR COST OF SUBSTITUTE DATA OR SERVICE, OR OTHER SIMILAR DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE WEBSITE OR SERVICES, INCLUDING BUT NOT LIMITED TO, RELIANCE BY YOU ON ANY INFORMATION OR CONTENT OBTAINED THROUGH USE OF THE WEBSITE OR SERVICES OR THAT RESULTS FROM MISTAKES, OMISSIONS, DELETIONS, OR DELAYS IN TRANSMISSION OF THE WEBSITE INTERRUPTIONS IN OR FAILURE OF TELECOMMUNICATION OR INTERNET CONNECTION TO THE WEBSITE, VIRUSES, FAILURES OF PERFORMANCE, DESTRUCTION OF, OR UNAUTHORIZED ACCESS TO THE WEBSITE OR SERVICES.
BLIMP DOES NOT CONTROL AND IS NOT LIABLE FOR THE ACTIONS OF ANY USER, ANY THIRD-PARTY SITE, OR ANY USER CONTENT IN THE SERVICES, INCLUDING WITHOUT LIMITATION ANY UNLAWFUL OR OBJECTIONABLE CONTENT.
YOU ACKNOWLEDGE THAT IF FOR ANY REASON ANY OF THE FOREGOING LIMITATIONS OF LIABILITY IS HELD TO BE UNENFORCEALE, BLIMP’S MAXIMUM AGGREGATE LIABILITY TO YOU SHALL BE THE TOTAL AMOUNT PAID BY YOU TO BLIMP IN THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
17. Binding Arbitration; Class Action Waiver.
Arbitration
You agree any claims you bring against Blimp arising out of or relating to this Agreement, your use of the Website or Services, or your rights of privacy, regardless of whether such claims are based in contract, tort, statute, fraud, misrepresentation, or other legal theory, will be resolved by binding arbitration conducted by the American Arbitration Association in conjunction with its Consumer Arbitration Rules. Arbitration is more informal than a lawsuit and does not involve a judge or jury. Discovery and the ability to appeal a judgment are more limited in arbitration. YOU UNDERSTAND THAT YOU HEREBY EXPRESSLY WAIVE YOUR RIGHT TO FILE A LAWSUIT OR HAVE A TRIAL BY JURY. Arbitration shall be conducted in New Castle County, Delaware by a single arbitrator. Any cause of action you may have under this Agreement must be commenced within one (1) year after the claim or cause of action arises. If Blimp initiates the arbitration, it shall pay the arbitrator’s costs. If you initiate the arbitration, the cost of the arbitrator shall be shared equally between you and Blimp. Each of us shall be responsible for the costs of our own legal counsel at the arbitration.
Before you commence arbitration of a claim, you must provide us with a written notice that includes your name, residence, address, email address you used to register for an Account, a description of your claim, and the relief you seek. The notice should be sent to our address below in Section 23. Before we commence arbitration of a claim, we will send you a written notice to the email address you used to register for an Account.
You agree that the Federal Arbitration Act applies and governs the interpretation and enforcement of this section.
Class Action Waiver
You agree any claims you bring against Blimp will be conducted only in an individual capacity and not as part of a class, consolidation, or representative action. You hereby waive your right to participate in a class-action lawsuit or class-wide arbitration for any claims covered by this agreement to arbitrate. YOU AGREE THAT YOU AND BLIMP MAY ONLY BRING CLAIMS AGAINST EACH OTHER IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. If a court rules that applicable law precludes enforcement of any of this section’s limitations as to a particular claim for relief, then that claim shall be severed from the arbitration and may be brought in court.
Small Claims Court
Nothing in this section shall preclude you or Blimp from resolving any disputes that meet the jurisdictional requirements for small claims court in such court.
Injunctive Relief
Nothing in this section shall limit Blimp’s right to seek injunctive relief, where applicable.
18. Choice of Law; Jurisdiction. This Agreement will be governed by and construed in accordance with the laws of the State of Delaware, without giving effect to its conflict of laws, provisions or your actual state or country of residence. Subject to the restrictions in Section 17, any claims, legal proceeding or litigation arising in connection with the Website or Services will be brought solely in the federal or state courts located in the County of New Castle, Delaware, and you consent to the jurisdiction of such courts.
19. Jurisdictional Issues. We operate and provide the Website and Services from our offices in the United States of America. If you reside outside the U.S., any information you enter into the Services may be transmitted outside your country of residence to the U.S. and you acknowledge the data protection laws of the U.S. may be less strict than laws in your country of residence. By entering any information into the Services, you acknowledge and agree to the transmission of such information.
20. Privacy Policy. We are committed to protecting your privacy and security and have explained in detail how we use your information in our Privacy Policy, incorporated herein by reference. You should read our Privacy Policy before you access the Website or use the Services.
21. Accessibility. We are committed to making the Services accessible for all to use. We have taken steps and regularly assess the Services to achieve compliance with generally recognized and accepted standards for accessibility. Should you experience difficulty in accessing any portion of the Services, please contact us at info@blimphomes.com.
22. No Professional Advice. The Services are provided for informational purposes only. Nothing in the Services is intended to be, or should be construed as providing any legal, accounting, real estate agency, or other professional advice. You should contact a qualified professional in your jurisdiction prior to making any decisions based on information available in the Services.
23. Notices. Any notices you send to us pursuant to the terms of this Agreement shall be in writing and sent by nationally-recognized courier service or certified mail, return receipt requested, to Blimp at:
Blimp Homes, Inc.
1055 West Hastings Street, Suite 1
700 The Guinness Tower
Vancouver, BC V6E 2E9
or to you at the email address or mailing address you provide to Blimp when you created an Account or such other addresses as ether party may specify in writing. Notice shall be effective upon receipt.
24. Assignment. Blimp may assign its rights under this Agreement in connection with a merger, consolidation, acquisition, or reorganization at any time without prior notice to you. You are prohibited from assigning your rights under this Agreement without the prior written consent of Blimp, which may be withheld in Blimp’s sole discretion.
25. Notice to California Residents. Under California Civil Code Section 1789.3, California users of an electronic commercial service are given the following consumer rights notice: To make a consumer complaint, the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N112, Sacramento, CA 95834, or by telephone at (800) 952-5210.
26. Miscellaneous. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms of Use to be unenforceable, the remainder of this Agreement will continue in full force and effect. You acknowledge that nothing in this Agreement or in the relationship created herein shall be construed as a joint venture, partnership, agency or third-party beneficiary relationship. Any failure by Blimp to assert any rights it may have under this Agreement does not constitute a waiver of our right to assert the same or any other right at any other time or against any other person or entity. Blimp is not responsible for its nonperformance or delays in performance caused by events beyond its reasonable control, including but not limited to acts of God, natural disasters, fires, epidemics, riots, strikes, lockouts, civil disturbances, acts of war or terrorism, failure of communication or power lines, or governmental regulations.
27. Electronic Signature. You acknowledge and understand that the affirmative act of using the Services or clicking to accept this Agreement constitutes your electronic signature to this Agreement.
28. Claims of Copyright Infringement. The Digital Millennium Copyright Act of 1998, 17 U.S.C. § 512 (the "DMCA"), provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law.
Notification of Copyright Infringement
If you believe in good faith that any content or material made available in connection with the Services infringes your copyright, you (or your agent) may send us a notice of alleged copyright infringement (a “Takedown Notice”) requesting that the content or material be removed, or access to it blocked. Takedown Notices should be sent in writing to our Designated Copyright Agent at the contact information provided at the bottom of this Statement.
The DMCA requires that your Takedown Notice include the following information:
Failure to include all of the above information may result in the delay of the processing of your complaint. Upon receipt of a Takedown Notice, we will remove the infringing content from the Services and contact the original poster of the content.
Please note that you may be liable for damages if you make a false claim of copyright infringement. Section 512(f) of the DMCA provides that any person who knowingly materially misrepresents that material is infringing may be subject to liability. You should consult an attorney prior to submitting a Takedown Notice. Please be advised that, in appropriate circumstances, we reserve the right to terminate the Accounts of Users who repeatedly issue false Takedown Notices.
Counter Notification of Copyright Infringement
If we removed content you posted pursuant to a Takedown Notice and you believe the Takedown Notice was issued in error, you may issue a counter notification (“Counter Notice”) to our Designated Copyright Agent at the contact information listed at the bottom of this Statement. The Counter Notice must include:
After receiving a compliant Counter Notice, we will forward a copy of the Counter Notice to the issuer of the Takedown Notice and reinstate the removed content.
Please note that you may be liable for damages if you make a false claim. Section 512(f) of the DMCA provides that any person who knowingly materially misrepresents that material was removed or disabled by mistake or misidentification may be subject to liability. You should consult an attorney prior to submitting a Counter Notice. Please be advised that, in appropriate circumstances, we reserve the right to terminate the Accounts of Users who repeatedly issue false Counter Notices.
Designated Copyright Agent Contact Information
All Takedown Notices and Counter Notices should be sent to our Designated Copyright Agent at:
By Mail: Marinda Neumann
Neumann & Associates, Inc.
3755 Avocado Blvd. #282
La Mesa, CA 91941
By Phone: (619) 269-5996
By Email: marinda@neumannbusinesslaw.com