Terms of Service • Blitz | You Name It , We Deliver It

Blitz Terms of Service

Last updated: July 22, 2019

These Terms of Service constitute a legally binding agreement between you (“you” or “user”) and TheBlitz, Inc. (“Company” or “Blitz”) governing your use of the Blitz Platform (as defined below), Company’s website (https://theblitzapp.com or the “Site”) or mobile applications (the “Apps”). The Blitz platform and related services provided by Company, the Site, and Apps, including without limitation communications and information (whether in writing, orally, or otherwise howsoever) provided by Company to potential and actual Assistants and Clients in relation to the services, together are hereinafter collectively referred to as the “Blitz Platform.”

Any personal data you submit to the Blitz Platform or which we collect about you is governed by our Privacy Policy (“Privacy Policy”). A copy of our Privacy Policy is available here. You acknowledge that by using the Blitz Platform you have reviewed the Privacy Policy.

Your use of the Blitz Platform constitutes your acceptance of and agreement to all of the terms and conditions in these Terms of Service, the Privacy Policy and any future amendments and additions to this Agreement (as defined below) as we may publish from time to time. The Privacy Policy is incorporated by reference into these Terms of Service and together form and are hereinafter referred to as this “Agreement”.

PLEASE NOTE: THIS AGREEMENT GOVERNS HOW DISPUTES BETWEEN YOU AND Blitz CAN BE RESOLVED. IT CONTAINS A BINDING AND FINAL ARBITRATION PROVISION AND CLASS ACTION WAIVER (SECTION 17). PLEASE READ CAREFULLY AS IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING IF APPLICABLE YOUR RIGHT TO OPT OUT OF ARBITRATION.

IN ADDITION, BY ENTERING INTO THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND AND AGREE, WITHOUT LIMITATION OR QUALIFICATION, TO BE BOUND BY THIS AGREEMENT (INCLUDING THE DISPUTE RESOLUTION AND ARBITRATION PROVISIONS IN SECTION 17) AND YOU ACCEPT ALL OF ITS TERMS.

IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, YOU MAY NOT USE OR ACCESS THE Blitz PLATFORM.

By using the Blitz Platform, you represent and warrant that: (i) you are at least 18 years old, are at least of the legally required age in the jurisdiction in which you reside, and are otherwise capable of entering into binding contracts, in order to use or access the Blitz Platform, and (ii) you have the right, authority and capacity to enter into this Agreement and to abide by the terms and conditions of this Agreement, and that you will so abide. Where you enter into this Agreement on behalf of a company or other organization, you represent and warrant that you have authority to act on behalf of that entity and to bind that entity to this Agreement.Children under 13 years old are prohibited from accessing the Blitz Platform or otherwise providing any personal information to Blitz.

A few highlights of these Terms of Service include:

Your agreement that the Blitz Platform is provided “as is” and without warranty (Section 15).
Your agreement that Company has no liability regarding the Blitz Platform or the performance of Services (Section 15).
Your acknowledgment and agreement that you, and not Blitz, choose, supervise, manage, control, and monitor a Assistant’s work and the Services provided(Section 1).
Your acknowledgement and agreement that Clients (as defined below) are solely responsible for determining if the Assistant they booked is qualified to perform the Services requested.
Your consent to release Company from liability based on claims between Users (Section 2) and generally (Section 15).
Your agreement to indemnify Company from claims due to your use ,misuse or inability to use the Blitz Platform ,your violation of this Agreement, applicable laws or third party rights , or content or information submitted from your account to the Blitz Platform (Section 16).
Your consent to submit any claims against Company to binding arbitration, and on an individual basis only, to the extent permissible by law (Section 17).

1. The Blitz Platform Connects Assistants and Clients

The Blitz Platform is a communications platform for enabling the connection between Clients and Assistants. “Clients” are individuals and/or businesses seeking to obtain Assistance Services (“Services”) from Assistants and are therefore clients of Assistants, and “Assistants” are individuals and/or businesses seeking to perform Services for Clients. Clients and Assistants together are hereinafter referred to as “Users.” If you agree on the terms of a Service with another User, you and such other User form a Service Agreement directly between the two of you as set forth in more detail in Section 3 below.

AssistantS ARE INDEPENDENT CONTRACTORS AND NOT EMPLOYEES, PARTNERS, AGENTS, JOINT VENTURES, OR FRANCHISEES OF COMPANY. COMPANY DOES NOT PERFORM SERVICES AND DOES NOT EMPLOY INDIVIDUALS TO PERFORM SERVICES. USERS HEREBY ACKNOWLEDGE THAT COMPANY DOES NOT SUPERVISE, MANAGE, CONTROL OR MONITOR A Assistant’S WORK AND EXPRESSLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR THE WORK PERFORMED OR THE SERVICES 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.

The Blitz Platform only enables the connections between Users for the fulfilling of Services. Company is not responsible for the performance or the communications of Users, nor does it have control over the quality, timing, legality, failure to provide, or any other aspect whatsoever of Assistants, Assistants, Clients, nor of the integrity, responsibility, qualifications, or any of the actions or omissions whatsoever of any Users, or of any ratings provided by Users with respect to each other. Company makes no warranties or representations about the suitability, reliability, timeliness, or accuracy of the Services requested or services provided by, or the communications of or between, Users identified through the Blitz Platform, whether in public, private, or offline interactions or otherwise howsoever.

2. User Vetting and User Representations and Warranties

User Vetting

In Company’s sole discretion, Users may be subject to an extensive vetting process before they can register for and during their use of the Blitz Platform, including but not limited to a verification of identity, or Background, using third party services as appropriate (“Identity Checks”). Although Company may perform Identity and Background Checks, Company is not required to do so and cannot confirm that each User is who they claim to be. Company cannot and does not assume any responsibility for the accuracy or reliability of Identity Check information or any information provided through the Blitz Platform.

When interacting with other Users, you should exercise caution and common sense to protect your personal safety, data, and property, just as you would when interacting with other persons whom you don’t know. Blitz will not be liable for any false or misleading statements made by Users of the Blitz Platform.

NEITHER Blitz NOR ITS PARENTS, AFFILIATES OR LICENSORS, INCLUDING THEIR RESPECTIVE DIRECTORS, OFFICERS, SHAREHOLDERS, INVESTORS, AGENTS, SUBSIDIARIES, ATTORNEYS, REPRESENTATIVES, EMPLOYEES, INSURERS, SUCCESSORS AND ASSIGNS (HEREINAFTER REFERRED TO COLLECTIVELY AS “Blitz AND AFFILIATES”) IS RESPONSIBLE FOR THE CONDUCT, ACTS, OR OMISSIONS, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE Blitz PLATFORM AND YOU HEREBY RELEASE Blitz AND AFFILIATES FROM ANY AND ALL LIABILITY, CLAIMS, DEMANDS, OR DAMAGES OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE Blitz PLATFORM.

User Representations and Warranties

You represent and warrant that: (1) you are 18 years of age or older and are at least of the legally required age in the jurisdiction in which you reside, and are otherwise capable of entering into binding contracts, and (2) you have the right, authority and capacity to enter into this Agreement and to abide by the terms and conditions of this Agreement, and that you will so abide. Where you enter into this Agreement on behalf of a company or other organization, you represent and warrant that you have authority to act on behalf of that entity and to bind that entity to this Agreement.

You further represent and warrant that you have read, understand, and agree to be bound by these Terms of Service and the Privacy Policy in order to access and use the Blitz Platform. You hereby warrant and represent that you will respect the privacy (including without limitation private, family and your home life), property and data protection rights of Users and that you will not record (whether video or audio or otherwise) any Service or any interaction by or with any User and/or Company in connection with the Blitz Platform without the prior written consent of Company and/or the relevant User, as applicable. You further represent and warrant that you will fulfill the commitments you make to other Users, including paying/receiving payment through the Blitz Platform, performing the Service(s) agreed upon as between the Assistant and Client, communicating clearly and promptly through the chat thread, being present and/or available at the time and location you agree upon with your Assistant or Client as the case may be, and only utilizing the third party payment processing system specified or approved by us to make or receive payment for services provided through the Blitz Platform. You also represent and warrant that you will act professionally and responsibly in your interactions with other Users. You further represent and warrant that when using or accessing the Blitz Platform, you will act in accordance with any applicable local, state, national, or international law, custom and in good faith.

You hereby warrant and represent that, other than as fully and promptly disclosed to Company as set forth below, you do not have any motivation, status, or interest which Company may reasonably wish to know about in connection with the Blitz Platform, including without limitation, if you are using or will or intent to use the Blitz Platform for any journalistic, investigative, or unlawful purpose. You hereby warrant and represent that you will promptly disclose to Company in writing any such motivation, status or interest, whether existing prior to registration or as arises during your use of the Blitz Platform.

Assistants additionally represent and warrant that you will provide timely, high-quality services to your Clients, you will only offer and provide services for which you have the necessary skills and expertise, and you will provide the services safely.

3. Contract between Clients and Assistants

You agree and acknowledge that a legally binding contract (the “Service Agreement”) is formed when you agree on the terms of a Assistant with another User. The terms of the Service Agreement include the terms set forth in this Section 3, the engagement terms proposed and accepted on the Blitz Platform, and any other contractual terms accepted by both the Assistant and their Client to the extent such terms do not conflict with the terms in this Agreement, including this Section 3, and do not expand Company’s obligations or restrict Company’s rights under this Agreement. You agree that Company is not a party to any Service Agreement and the formation of a Service Agreement will not, under any circumstance, create an employment or other service relationship between Company and the Assistant (or anyone else supplied by the Assistant), nor will it create an employment relationship between the Client and the Assistant or any such person. Company’s role is restricted solely to acting as a limited payment collection agent for the Assistant to facilitate payment on behalf of the Assistant through the Blitz Platform in respect of Services they perform. In acting as the limited payment collection agent for particular Services on the Blitz Platform, Blitz disclaims any other agency or authority to act on behalf of the Assistant, and assumes no liability for any acts or omissions of the Assistant, either within or outside of the Blitz Platform.

Where approved in advance by the Client, the Assistant is not obligated to personally perform the Services. Before any Services are performed by any helpers, assistants, subcontractors or other personnel engaged by the Assistant (collectively “Assistants”), the Assistant shall require any such individuals to become fully registered, oriented and verified Assistants on the Blitz Platform. A Assistant’s failure to comply with this provision by bringing an Assistant who is not a registered Assistant could lead to removal from the Blitz Platform. The Assistant assumes full and sole responsibility for the acts and omissions of such Assistants, including without limitation the payment of all compensation, benefits and expenses of Assistants, if any, and for all required and applicable state and federal income tax withholdings as to the Assistant and all persons engaged by the Assistant in the performance of Services.

While using the Blitz Platform, Clients, in their sole discretion, determine whether they will be present or not when a Service is performed and/or completed. Clients who elect not to be present when a Service is performed and/or completed agree that if someone other than them (i.e. spouse, roommate, family, friend, etc) is present when the Service is performed, they are appointing that person as their agent (“Client’s Agent”) and the Assistant may take and follow direction from the Client’s Agent as if such direction was given from the Client him or herself.

The Client shall pay their Assistant directly for completed Services through the Payment Service Provider retained by the Company (“PSP”) as indicated on the Blitz Platform at the rates agreed to by the parties in the Service Agreement. Each party agrees to comply with the Service Agreement and this Agreement during the engagement, performance and completion of a Service. Both parties agree to notify Company of any disputes prior to negotiation of or filing of any claims and to negotiate any dispute informally via Company representatives for at least thirty (30) days before initiating any proceeding. Blitz reserves the right to suspend or terminate any account or Service pending the resolution of any dispute.

4. Billing and Payment

Users of the Blitz Platform contract for Services directly with other Users. Company will not be a party to any contracts for Services or Chores. Payment for Services through the Blitz Platform is made directly from the Client to the Assistant via the PSP, and not by Company. Company is not obligated to pay Assistant for Client’s failure to pay for services.

Users of the Blitz Platform will be required to provide their credit card and/or bank account details to Company and the PSP. Clients will be responsible for paying the invoice for each Service (the “Invoice”), which will include (i) the pricing terms of the Service agreed with and also agreed and set by the Assistant (“Service Payment”), (ii) any out of pocket expenses agreed with and submitted by a Assistant in connection with the Service provided, (iii) any tip or gratuity, if applicable, (iv) the service charge Company assesses as payable for the use of the Blitz Platform, variable based on the Service Payment amount, and (v) the platform fee (sometimes referred to as Support & Trust Fee), which is used to offset Company’s cost of providing Users with customer support and other various business objectives, and (vi) cancellation fees, if applicable. Assistants will be responsible for paying (i) registration fees (applicable to Assistants registrants), (ii) cancellation fees, if applicable and (iii) repayment of erroneous payments. Clients may also be charged credit card processing fees equal to three percent (3%) of the aggregate expense amount .

Assistants may be required to register with the PSP, agree to terms of service of the PSP, and go through a vetting process at the request of the PSP to set up their account with the PSP (the “PSP Services Agreement”). By accepting these Terms of Service, each Assistant agrees that they have downloaded or printed, and reviewed and agreed to, the PSP Services Agreement. Please note that Blitz is not a party to the PSP Services Agreement and that you, the PSP and any other parties listed in the PSP Services Agreement are the parties to the PSP Services Agreement and that Blitz has no obligations or liability to any Assistant or other party under the PSP Services Agreement.

All Charges and payments will be enabled by Blitz using the preferred payment method designated in your Account, after which you will receive a receipt by email. If your primary Account payment method is determined to be expired, invalid or otherwise not able to be charged, you agree that Blitz may use a secondary payment method in your Account, if available. Charges paid by you are final and non-refundable, unless otherwise determined by Blitz.

When Client receives confirmation through the Blitz Platform or via email that a Service has been completed, Client automatically authorizes the PSP to process the Invoice. Users may be charged a full amount cancellation fee through the PSP if you book (or accept) a Service, but cancel it before the scheduled time is over.

Company reserves the right (but not the obligation), in its sole discretion, upon request from Client or Assistant, or upon notice of any potential fraud, unauthorized charges or other misuse of the Blitz Platform, to (i) place on hold any Service Payment, out of pocket expenses, and/or tip or gratuity (if applicable) or (ii) refund or provide credits, or arrange for the PSP to do so.

Service Payment and fees must be paid through the PSP as indicated on the Blitz Platform.

Users of the Blitz Platform will be liable for any taxes required to be paid on the Services provided under the Agreement.

5. Contests, and Promotional Codes

Company may from time to time provide certain promotional opportunities and contests to Users. All such promotions will be run at the sole discretion of Company, and can be activated, modified, or removed at any time by Company without advance notification. The liability of any of Company’s corporate partners pursuant to such promotional opportunities and contests shall be limited pursuant to Section 15 of these Terms of Service.

Promotional codes (“Promo Codes”) may be available and can be used to pay Service Payments and Company service charges and platform fees in part or in full, but may not be used to pay for reimbursement of out of pocket expenses or tips associated with a Service provided through the Blitz Platform.

Promotional Codes

Promo Codes are an offer by the Company to reduce the amount a Client has to pay in relation to a Service Payment, service fee, and/or platform fee. Promo Codes will not affect the amount of the Service Payment a Assistant ultimately receives. You agree that you will use Promo Codes in accordance with the terms of the Promo Code. Company reserves the right to withhold or deduct credits or other features or benefits obtained through the use of a Promo Code by you or any other User in the event that Company determines or believes that the use or redemption of a Promo Code was in error, fraudulent, illegal, or in violation of the applicable Promo Code terms or this Agreement.

6. Submission Areas; Acceptable Use

The Blitz Platform may contain profiles, email systems, blogs, message boards, reviews, ratings, applications, job postings, chat areas, news groups, forums, communities and/or other message or communication with other Users and with Blitz (collectively, “Submission Areas”) that allow Users to communicate with other Users and with Blitz. You may only use such submission areas to send and receive messages and materials that are relevant and proper to the applicable forum and that comply with this Agreement. For the safety and integrity of the Blitz Platform, you should not share your personal contact information with other Users.

Without limitation, while using the Blitz Platform, you may not:

Defame, abuse, harass, stalk, threaten, intimidate, misrepresent, mislead or otherwise violate the legal rights (such as, but not limited to, rights of privacy, confidentiality, reputation, and publicity) of others, including Users and Blitz staff, or use information learned from the Blitz Platform or during the performance of Assistants to otherwise defame, abuse, harass, stalk, threaten, intimidate, misrepresent, mislead, or otherwise violate the legal rights of any other User or Company staff;
Publish, post, upload, distribute or disseminate any profane, defamatory, infringing, obscene or unlawful topic, name, material or information on the Blitz Platform;
Use the Blitz Platform for any unauthorized purpose, including, but not limited to posting or completing a Service in violation of local, state, national, or international law;
Upload files that contain software or other material that violates the intellectual property rights (or rights of privacy or publicity) of any User, third party, or Company;
Upload files that contain viruses, Trojan horses, corrupted files, or any other similar software that may damage the operation of another’s computer;
Post or upload any content to which you have not obtained any necessary rights or permissions to use accordingly;
Advertise or offer to sell any goods or services for any commercial purpose through the Blitz Platform which are not relevant to the Services offered through the Blitz Platform;
Book or complete a Service requiring a User to (i) purchase or obtain gift cards or money orders (ii) purchase items (over $100) without obtaining pre-approval from Company, (iii) provide ride-sharing or other peer to peer transportation services, (iv) post ratings or reviews on any third party website in breach of such third party website’s terms of use, or (v) otherwise engage in activity that is illegal or deemed dangerous, harmful or otherwise inappropriate by Company in its sole discretion;
Conduct or forward surveys, contests, pyramid schemes, or chain letters;
Impersonate another person or a User or allow any other person or entity to use your identification to post or view comments;
Download any file posted by another User that a User knows, or reasonably should know, cannot be legally distributed through the Blitz Platform;
Restrict or inhibit any other User from using and enjoying the Submission Areas;
Imply or state that any statements you make are endorsed by Blitz, without the prior written consent of Blitz;
Use a robot, spider, manual, meta tag, “hidden text,” agent, robot, script, and/or automatic processes or devices to data-mine, data-crawl, scrape, collect, mine, republish, redistribute, transmit, sell, license, download, manage or index the Blitz Platform, or the personal information of others, in any manner;
Hack or interfere with the Blitz Platform, its servers or any connected networks;
Frame or utilize framing techniques to enclose the Blitz Platform or any portion thereof;
Adapt, alter, license, sublicense or translate the Blitz Platform for your own personal or commercial use;
Remove or alter, visually or otherwise, any copyrights, trademarks or proprietary marks or rights owned by Blitz and Affiliates;
Upload content to the Blitz Platform that is offensive and/or harmful, including, but not limited to, content that advocates, endorses, condones or promotes racism, bigotry, hatred or physical harm of any kind against any individual or group of individuals;
Upload content that provides materials or access to materials that exploit people in an abusive, violent or sexual manner;
Use the Blitz Platform to solicit for any other business, website or service, or otherwise contact Users for employment, contracting or any purpose not related to use of the Blitz Platform as set forth herein;
Use the Blitz Platform in a manner that is false or misleading (directly or by omission or failure to update information) or for the purpose of accessing or otherwise obtaining Company’s trade secret information for public disclosure or other purposes;
Use the Blitz Platform to collect usernames and or/email addresses of Users by electronic or other means;
Use the Blitz Platform or Services requested in violation of this Agreement;
Attempt to circumvent the payments system or service fees in any way including, but not limited to, processing payments outside of the Blitz Platform, providing inaccurate information on invoices, or otherwise invoicing in a fraudulent manner;
Register under different usernames or identities after your account has been suspended or terminated, or register under multiple usernames or false identities, or register using a false or disposable email or phone number; or
Cause any third party to engage in the restricted activities above.

You understand that all submissions made to the Submission Areas will be public and that you will be publicly identified by your name or login identification when communicating in Submission Areas. Blitz will not be responsible for the action of any Users with respect to any information or materials posted in Submission Areas.

7. Account, Security, Password, and Mobile Phone Use

You must first register with Company and create an account in order to use the Blitz Platform (an “Account”). You are the sole authorized user of your account. You are responsible for maintaining the confidentiality of any log-in, password, and account number provided by you or given to you by Company for accessing the Blitz Platform. You are solely and fully responsible for all activities that occur under your password or account, even if not authorized by you. If you are accessing and using the Blitz Platform on someone else’s behalf, you represent that you have the authority to bind that person as the principal to all Terms provided herein. Company has no control over the use of any User’s account and expressly disclaims any liability derived therefrom. Should you suspect that any unauthorized party may be using your password or account or you suspect any other breach of security, you agree to contact the Company immediately.

By providing your mobile phone number and using the Blitz Platform, you hereby affirmatively consent to Blitz’s use of your mobile phone number for calls and recurring texts, (including with an autodialer and/or prerecorded voice) in order to (i) perform and improve upon the Blitz Platform, (ii) facilitate the carrying out of Services through the Blitz Platform, (iii) provide you with information and reminders regarding your registration, orientation, booked Services, product alterations, changes and updates, service outages or alterations. These calls and texts may include, among other things, reminders about uncompleted ,completed or canceled Services and/or in follow up to any push notifications delivered through our mobile application. Company will not assess any charges for calls or texts, but standard message charges or other charges from your wireless carrier may apply. You may opt-out of receiving texts messages from us by modifying your account settings on the Site or Apps, texting “STOP” in response to any texts, or by emailing opt-out-texts@theblitzapp.com and specifying you want to opt-out of texts. You may opt-out of receiving calls from us by stating that you no longer wish to receive calls during any call with us, or by emailing opt-out-texts@theblitzapp.com and specifying you want to opt-out of calls. You understand that we may send you a text confirming any opt-out by you.

8. Termination and Account Suspension

Company may terminate or limit your right to use the Blitz Platform in the event that we are investigating or believe that you have breached any provision of this Agreement (a “User Breach”), by providing you with written or email notice. Such termination or limitation will be effective immediately upon delivery of such notice.

If Company terminates or limits your right to use the Blitz Platform pursuant to this Section 8, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. If Company terminates or limits your right to use the Blitz Platform as a Client due to a User Breach, you will not be entitled to any refund of unused balance in your account.

Even after your right to use the Blitz Platform is terminated or limited, this Agreement will remain enforceable against you. Company reserves the right to take appropriate legal action, including but not limited to pursuing arbitration in accordance with Section 17 of these Terms of Service.

Company reserves the right to modify or discontinue, temporarily or permanently, all or any portion of the Blitz Platform at its sole discretion. Company is not liable to you for any modification or discontinuance of all or any portion of the Blitz Platform. Company has the right to restrict anyone from completing registration as a Assistant if Company believes such person may threaten the safety and integrity of the Blitz Platform, or if, in Company’s discretion, such restriction is necessary to address any other reasonable business concern.

You may terminate this Agreement at any time by ceasing all use of the Blitz Platform. All parts of this Agreement which by their nature should survive the expiration or termination of this Agreement shall continue in full force and effect subsequent to and notwithstanding the expiration or termination of this Agreement.

9. User Generated Content

“User Generated Content” is defined as any information and materials you provide to Company, its corporate partners, or other Users in connection with your registration for and use of the Blitz Platform, including without limitation that posted or transmitted for use in Public Areas. You are solely responsible for User Generated Content, and we act merely as a passive conduit for your online distribution and publication of your User Generated Content. You acknowledge and agree that Blitz is not involved in the creation or development of User Generated Content, disclaims any responsibility for User Generated Content, and cannot be liable for claims arising out of or relating to User Generated Content. Further, you acknowledge and agree that Blitz has no obligation to review, monitor, or remove User Generated Content, but reserves the right to limit or remove User Generated Content on the Blitz Platform at its sole discretion.

The Blitz Platform hosts User Generated Content relating to reviews and ratings of specific Assistants (“Feedback”). Such Feedback is such User’s opinion and not the opinion of Company, has not been verified or approved by Company and each Client should undertake their own research to be satisfied according to his expectations. You agree that Company is not responsible or liable for any Feedback or other User Generated Content. Company encourages each User to give objective, honest and constructive Feedback about the other Users with whom they have transacted. Company is not obligated to investigate any remarks posted by Users for accuracy or reliability but may do so at its discretion.

You hereby represent and warrant to the Company that your User Generated Content (i) will not be incomplete, false, inaccurate or misleading; (ii) will not be fraudulent or involve the sale of counterfeit or stolen items; (iii) will not violate any law, statute, ordinance, or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);(iv) will not infringe on any third party’s copyright, patent, trademark, trade secret or other proprietary right or rights of publicity or privacy; (v) will not be libelous, libelous, unlawfully threatening, or unlawfully harassing; (vi) will not contain or be obscene pornography (including but not limited to child pornography) or be harmful to minors in any way; (vii) will not contain any viruses, Trojan Horses, worms, cancelbots, time bombs or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (viii) will not represent you being employed or directly engaged by or affiliated with Blitz or purport you to act as a representative or agent of Blitz; and (ix) will not create liability for Company or cause Company to lose (in whole or in part) the services of its ISPs or other partners or suppliers.

You hereby grant the Company a non-exclusive, irrevocable, worldwide, perpetual, royalty-free, sub-licensable (through multiple tiers) right to exercise all copyrights, publicity rights, and any other rights you have in your User Generated Content, in any media now known or not currently known in order to perform and improve upon the Blitz Platform.

Each Assistant who provides to Company any recording, videotape, film, photograph, voice, or all related instrumental, musical, or other sound effects, in exchange for the right to use the Blitz Platform, hereby irrevocably grants to Company the non-exclusive, fully-paid, royalty-free, transferable, sub-licensable, worldwide, unrestricted, and perpetual right to:

Exhibit, distribute, display, transmit, and broadcast on any and all media, including, without limitation, the internet, any videotape, film, recording or photograph that such User provides to Company or that Company takes of Assistant, and use, reproduce, modify, or creative derivatives of such Assistant picture, silhouette and other reproductions of their physical appearance (as the same may appear in any still camera photograph and/or motion picture film or video) (collectively the “Physical Appearance”);
Reproduce in all media any recordings of such Assistants’s voice, and all related instrumental, musical, or other sound effects (collectively, the “Voice”), made in connection with the Blitz Platform;
Use, and permit to be used, such Blitz’s Physical Likeness and Voice in the advertising, marketing, and/or publicizing of the Blitz Platform in any media; and
Use, and permit to be used, such Assistants’s name and identity in connection with the Blitz Platform.

Each Assistant hereby waives all rights and releases Blitz and Affiliates from, and shall neither sue nor bring any proceeding against any such parties for, any claim or cause of action, whether now known or unknown, for defamation, invasion of right to privacy, publicity or personality or any similar matter, or based upon or relating to the use and exploitation of such Assistant’s identity, likeness or voice in connection with the Blitz Platform.

Each Assistant acknowledges that Blitz shall not owe any financial or other remuneration for using the recordings provided hereunder by such Assistant, either for initial or subsequent transmission or playback, and further acknowledges that Blitz is not responsible for any expense or liability incurred as a result of such Assistant’s recordings or participation in any recordings, including any loss of such recording data.

10. Links to Third-Party Websites

The Blitz Platform may contain links (such as hyperlinks) to third-party websites. Such links do not constitute endorsement by Company or association with those websites, their content or their operators. Such links (including without limitation external websites that are framed by the Blitz Platform as well as any advertisements displayed in connection therewith) are provided as an information service, for reference and convenience only. Company does not control any such websites, and is not responsible for their (i) availability or accuracy, or (ii) content, advertising, products, or services. It is your responsibility to evaluate the content and usefulness of the information obtained from other websites. You acknowledge and agree that Blitz is not involved in the creation or development of third-party websites and disclaims any responsibility for third-party websites, and cannot be liable for claims arising out of or relating to third-party websites. Further, you acknowledge and agree that Blitz has no obligation to review, monitor, or remove links to third-party websites, but reserves the right to limit or remove links to third-party websites on the Blitz platform at its sole discretion.

The use of any website controlled, owned or operated by third parties is governed by the terms and conditions of use and privacy policies for those websites. You access such third-party websites at your own risk. Blitz expressly disclaims any liability arising in connection with your use and/or viewing of any websites or other material associated with links that may appear on the Blitz Platform. You hereby agree to hold Blitz harmless from any liability that may result from the use of links that may appear on the Blitz Platform.

As part of the functionality of the Blitz Platform, you may link your account with online accounts you may have with third party service providers (such as Facebook) (each such account, a “Third-Party Account”) by either: (i) providing your Third-Party Account login information through the Blitz Platform; or (ii) allowing Blitz to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent that you are entitled to disclose your Third-Party Account login information to Blitz and/or grant Blitz access to your Third-Party Account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account and without obligating Blitz to pay any fees or making Blitz subject to any usage limitations imposed by such third-party service providers. By granting Blitz access to any Third-Party Accounts, you understand that (i) Blitz may access, make available and store (if applicable) any content that you have provided to and stored in your Third-Party Account (the “SNS Content”) so that it is available on and through the Blitz Platform through your account, including without limitation any friend lists, and (ii) Blitz may submit and receive additional information to your Third-Party Account to the extent you are notified of this when you link your account with the Third-Party Account. Unless otherwise specified in these Terms of Service, all “SNS Content”, if any, shall be considered to be User Generated Content. Depending on the Third-Party Accounts you choose, and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you choose to post to your Third-Party Accounts may be available on and through your account on the Blitz Platform. Please note that if a Third-Party Account or associated service becomes unavailable or Blitz’s access to such Third-Party Account is terminated by the third-party service provider, then “SNS Content” may no longer be available on and through the Blitz Platform. You will have the choice to disable the connection between your account on the Blitz Platform and your Third-Party Accounts at any time, as set forth below. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD PARTY SERVICE PROVIDERS. Company makes no effort to review any “SNS Content” for any purpose, including but not limited to, for accuracy, legality, or non-infringement, and Company is not responsible in any way for any “SNS Content”, that will be available on the Blitz Platform.

11. Worker Classification and Withholdings

AS SET FORTH IN SECTION 1, Blitz DOES NOT PERFORM SERVICES AND DOES NOT EMPLOY INDIVIDUALS TO PERFORM SERVICES. Each User assumes all liability for proper classification of such User’s workers based on applicable legal guidelines.

The Blitz Platform is not an employment service and Blitz is not an employer of any User. As such, Blitz is not responsible for and will not be liable for workman’s compensation or any tax payments or withholding, including but not limited to unemployment insurance, social security, disability insurance or any other applicable federal or state withholdings in connection with a User’s use of the Blitz Platform.

Users do not have authority to enter into written or oral — whether implied or express — contracts on behalf of Company. Each User acknowledges that Blitz does not, in any way, direct, supervise, scope, manage, control or monitor a Assistant’s work and performance or Services performed in any manner. Company does not set the Assistant’s work hours or location of work. Blitz will not provide any equipment, labor or materials maybe needed for a particular Service booked. Blitz does not provide any supervision to Users and or Services.

12. Intellectual Property Rights

All text, graphics, data, editorial content, formatting, graphs, designs, HTML, look and feel, photographs, music, sounds, images, software, design, videos, trademarks, logos, typefaces and other content (collectively “Blitz Materials”) that Users read or see through the Blitz Platform is owned by Blitz, excluding User Generated Content, which Users hereby grant Blitz the right and a license to use. Blitz Materials are protected in all forms, media and technologies. Blitz owns all Blitz Materials, as well as the coordination, positioning, selection, arrangement and enhancement of such Materials, as a Collective Work under the United States Copyright Act, as amended. The Proprietary Material is protected by the domestic and international laws governing copyright, patents, and other proprietary rights. Users may not copy, download, use, redesign, reconfigure, or retransmit anything from the Blitz Platform without Blitz’s express prior written consent and, if applicable, the holder of the rights to the User Generated Content. Any use of such Blitz Materials, other than as permitted therein, is expressly prohibited without the prior permission of Blitz and, if applicable, the holder of the rights to the User Generated Content.

The service marks and trademarks of Blitz, including without limitation Blitz ,theblitzapp.com and Blitz logos, are service marks owned by Blitz. Any other trademarks, service marks, logos and/or trade names appearing through the Blitz Platform are the property of their respective owners. You may not copy or use any of these marks, logos or trade names without the express prior written consent of the owner.

13. Copyright Complaints and Copyright Agent

Blitz respects the intellectual property of others, and expects all Users to do the same. If you believe, in good faith, that any materials provided on or in connection with the Blitz Platform infringe upon your copyright or other intellectual property right, please send the following information to Blitz’s “Copyright Agent” to : TheBlitz, Inc. Attn.: Legal, 555 Madison Ave, 5th Floor, New York, NY, 10022, USA or email us at copyright@theblitzapp.com:

A description of the copyrighted work that you claim has been infringed, including the URL (Internet address) or other specific location on the Blitz Platform where the material you claim is infringed is located. Include enough information to allow Blitz to locate the material, and explain why you think an infringement has taken place;
A description of the location where the original or an authorized copy of the copyrighted work exists
Your personal information such as: address, telephone number, and e-mail address;
A statement by you that you have a good faith and belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
A statement by you, made under penalty of perjury, that the information you provided are accurate, and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and
An electronic or physical signature of the owner of the copyright , or the person authorized to act on behalf of the owner of the copyright interest.

14. Confidential Information

The term “Confidential Information” shall mean any and all of Blitz’s trade secrets, confidential and proprietary information, and all other information and data of Blitz that is not generally known to the public or other third parties who could derive value, economic or otherwise, from its use or disclosure. Confidential Information shall be deemed to include technical data, know-how, research, product plans, products, services, customers, markets, software, developments, inventions, processes, formulas, technology, designs, drawings, engineering, hardware configuration information, marketing, finances, strategic and other proprietary and confidential information relating to Blitz or Blitz’s business, operations or properties, including information about Blitz’s staff, Users or partners, or other business information disclosed directly or indirectly in writing, orally or by drawings or observation.

You acknowledge herein that Confidential Information (as defined above) is a highly valuable, and a very special and unique asset of Blitz and agree that you will not disclose, transfer, use (or seek to induce others to disclose, transfer or use) any Confidential Information for any purpose other than using the Blitz Platform in accordance with these Terms of Service. You may disclose the Confidential Information to your authorized employees and agents provided that they are also bound to maintain the confidentiality of Confidential Information. You shall immediately notify Blitz in writing of any circumstances that may constitute unauthorized disclosure, transfer, or use of Confidential Information. You shall use best efforts to protect all Confidential Information from unauthorized disclosure, transfer or use. You shall return all originals and any copies of any and all materials containing Confidential Information to Blitz upon termination of this Agreement for any reason whatsoever.

15. Disclaimer of Warranties

(a) USE OF THE Blitz PLATFORM IS ENTIRELY AT YOUR OWN RISK

THE Blitz PLATFORM IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. Blitz MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE CONTENT PROVIDED THROUGH THE Blitz PLATFORM OR THE CONTENT OF ANY SITES LINKED TO THE Blitz PLATFORM AND ASSUMES NO LIABILITY OR RESPONSIBILITY IN CONTRACT, WARRANTY OR IN TORT FOR ANY (i) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (ii) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE Blitz PLATFORM, (iii) ANY ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; AND (iv) EVENTS BEYOND OUR REASONABLE CONTROL.

Blitz does not warrant, endorse, guarantee or assume responsibility for any service advertised or offered by a third party through the Blitz Platform or any hyperlinked website or featured in any banner or other advertising, and Blitz will not be a party to or in any way be responsible for monitoring any transaction between you and any such third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate. Without limiting the foregoing, Blitz and its Affiliates do not warrant that access to the Blitz Platform will be uninterrupted or that the Blitz Platform will be error-free; nor do they make any warranty as to the results and or performance that may be obtained from the use of the Blitz Platform, or as to the timeliness, accuracy, reliability, completeness or content of any Service, information or any other materials provided through or in connection with the use of the Blitz Platform. Blitz and Affiliates are not responsible for the conduct, whether online or offline, of any User. Blitz and Affiliates do not warrant that the Blitz Platform is free from computer viruses, system failures, worms, trojan horses, or other harmful components or malfunctions, including during hyperlink to or from third-party websites. Blitz and Affiliates cannot and do not guarantee that any information personal or otherwise supplied by you will not be misappropriated, intercepted, deleted, destroyed or used by others.

Not withstanding any feature, each Client is responsible for determining the Service requested and Blitz does not warrant any goods or services purchased by a Client and does not recommend any particular Assistant. Blitz does not provide any warranties or guarantees regarding any Assistant’s professional accreditation, license or necessary registration.

In addition, no individual or entity shall be a third party beneficiary of these terms. These terms are solely for the benefit of the parties to this Agreement and are not intended to and shall not be construed to give any person or entity other than you any interest, remedy, claim, liability, reimbursement, claim of action or any other rights (including, without limitation, any third party beneficiary rights), with respect to or in connection with any agreement or provision contained herein or contemplated hereby.

(b) NO LIABILITY

You agree and acknowledge that Blitz is only willing to provide you with access to the Blitz Platform if you agree to certain limitations of our liability to you and third parties. Therefore, you agree not to hold Blitz and Affiliates, or their corporate partners, liable for any claims, demands, damages, expenses, losses, governmental obligations, suits, and/or controversies of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, direct, indirect, incidental, actual, consequential, economic, special, or exemplary, including attorneys fees and costs (collectively, “liabilities”) that have arisen or may arise, relating to your or any other party’s use of or inability to use the Blitz Platform, including without limitation any liabilities arising in connection with the conduct, act or omission of any User (including without limitation stalking, harassment that is sexual or otherwise, acts of physical violence, and destruction of personal property), any dispute with any User, any instruction, advice, act, or service provided by Blitz and Affiliates and any destruction of your User Generated Content.

UNDER NO CIRCUMSTANCES WILL Blitz AND AFFILIATES OR THEIR CORPORATE PARTNERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, ACTUAL, CONSEQUENTIAL, ECONOMIC, SPECIAL OR EXEMPLARY DAMAGES (INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOSS OF DATA, LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE, SYSTEM FAILURE, FAILURE TO STORE ANY INFORMATION OR OTHER CONTENT MAINTAINED OR TRANSMITTED BY Blitz, OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES), ARISING IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE Blitz PLATFORM OR THE SERVICES PROVIDED, EVEN IF ADVISED OF THE POSSIBILITY OF THE SAME. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU IN THEIR ENTIRETY.

Blitz AND AFFILIATES EXPRESSLY DISCLAIM ANY LIABILITY THAT MAY ARISE BETWEEN USERS OF ITS Blitz PLATFORM. Blitz AND AFFILIATES ALSO DO NOT ACCEPT ANY LIABILITY WITH RESPECT TO THE QUALITY OR FITNESS OF ANY WORK OR SERVICES PERFORMED VIA THE Blitz PLATFORM.

IF, NOTWITHSTANDING THE FOREGOING EXCLUSIONS, IT IS DETERMINED THAT Blitz AND AFFILIATES OR THEIR CORPORATE PARTNERS ARE LIABLE FOR DAMAGES, IN NO EVENT WILL THE AGGREGATE LIABILITY, WHETHER ARISING IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EXCEED THE TOTAL FEES PAID BY YOU TO COMPANY DURING THE SIX (6) MONTHS PRIOR TO THE TIME SUCH CLAIM AROSE, TO THE EXTENT PERMITTED BY APPLICABLE LAW.

Some jurisdictions do not allow the exclusion of certain warranties or limitation of liability for consequential or incidental damages, so certain aspects of the limitations above may not apply to you.

THE Blitz PLATFORM IS ONLY A VENUE FOR CONNECTING USERS. DUE TO THE FACT ,THAT Blitz IS NOT A PARTY TO OR OTHERWISE INVOLVED IN THE ACTUAL CONTRACT BETWEEN USERS OR IN THE COMPLETION OR SATISFACTION OF THE SERVICES PROVIDED, IN THE EVENT THAT YOU HAVE A DISPUTE WITH ONE OR MORE USERS, YOU HEREBY RELEASE Blitz AND AFFILIATES AND THEIR CORPORATE PARTNERS FROM ANY AND ALL CLAIMS, DEMANDS, DAMAGES (INCLUDING DIRECT, INDIRECT, INCIDENTAL, ACTUAL, CONSEQUENTIAL, ECONOMIC, SPECIAL, OR EXEMPLARY), EXPENSES, LOSSES, GOVERNMENTAL OBLIGATIONS, SUITS AND/OR CONTROVERSIES OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTE.

TO THE EXTENT APPLICABLE, YOU HEREBY WAIVE AND RELEASE ANY AND ALL RIGHTS AND BENEFITS UNDER SECTION 1542 OF THE CIVIL CODE OF THE STATE OF CALIFORNIA (OR ANY ANALOGOUS LAW OF ANY OTHER STATE), WHICH READS AS FOLLOWS: “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.”

16. INDEMNIFICATION.

You hereby agree to indemnify, defend, and hold harmless Blitz, its licensors, and each such party’s directors, officers, parent organizations, subsidiaries, affiliates, members, employees, agents, attorneys, independent contractors and vendors from and against any and all claims, losses, expenses, liabilities, damages or demands (including attorneys’ fees and costs incurred), in connection with or resulting from, directly or indirectly: (i) your use or misuse of or inability to use the Blitz Platform, any Merchandise and/or any Service, (ii) your violation of this Agreement, (iii) your violation of any applicable law or regulation; (iv) your violation of the rights of another (including but not limited to Assistants), and (v) Your Information and content that you submit or transmit through the Blitz Platform. Blitz reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to your indemnification. You will not, in any event, settle any such claim or matter without the prior written consent of Blitz.

17. Dispute Resolution – Mutual Arbitration Agreement & Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY — IT AFFECTS YOUR LEGAL RIGHTS AND GOVERNS HOW YOU AND Blitz CAN BRING CLAIMS AGAINST EACH OTHER.

(a) Informal Negotiations

To expedite resolution and reduce the cost of any dispute, controversy or claim ,past, present, or future, between you and Blitz (each a “Claim” and collectively “Claims”), including without limitation any dispute or claim related to or arising out of this Agreement (“Dispute”), you and Blitz agree to first attempt to negotiate any Claim (except those Claims expressly excluded below) informally (the “Informal Negotiations”) before initiating any arbitration. This Informal Negotiations shall be initiated by providing written notice to the other party, including a written statement describing the name, address, and contact information of the notifying party, the facts causing the Claim, and the relief requested. You must send such written notice to: Blitz, Inc. Attn.: Legal, 555 Madison Ave, 5th Floor, New York, NY, 10022, USA. If necessary to preserve a Claim under any applicable statute of limitations, you or Blitz may initiate arbitration while engaging in the informal negotiations.

During this Informal Negotiations, all offers, promises, proposals, conduct and statements, whether orally or written, made in the course of the negotiations by any of the parties, their agents, representatives, employees, and attorneys are confidential, privileged and inadmissible for any purpose, including as evidence of liability, in arbitration or other proceeding involving the parties.

After a reasonable effort to negotiate, you or Blitz believe a Claim cannot be resolved informally, the party intending to pursue arbitration agrees to notify the other party via email , prior to initiating the arbitration. In order to initiate arbitration, a claim must be filed with the American Arbitration Association (“AAA”) and the written Demand for Arbitration (available here www.adr.org) must be also emailed to the other party, as specified in the Commercial Arbitration Rules (the “AAA Rules”).

(b) Arbitration Agreement

IN EXCHANGE FOR THE BENEFITS OF THE FAST, ECONOMICAL, AND IMPARTIAL DISPUTE RESOLUTION PROCEDURE OF ARBITRATION, YOU AND Blitz HEREBY,MUTUALLY AGREE TO WAIVE YOUR RESPECTIVE RIGHTS TO RESOLUTION OF ALL CLAIMS BETWEEN YOU (EXCEPT THOSE EXPRESSLY EXCLUDED BELOW) IN A COURT OF LAW BY A JUDGE OR JURY AND AGREE TO RESOLVE ANY DISPUTES BY BINDING ARBITRATION ON AN INDIVIDUAL BASIS AS SET FORTH HEREIN.

This agreement to arbitrate contained in this Section 17 (“Arbitration Agreement”) is governed by the Federal Arbitration Act and survives the termination of this Agreement and your relationship with Company.

Claims covered by this Arbitration Agreement include, but are not limited to, any dispute, claim or controversy whether based on past, present or future events arising out of or relating to: this Agreement and prior versions (including the breach, termination, enforcement, interpretation or validity thereof); the Blitz Platform, the Services provided; your relationship with Blitz; the threatened or actual suspension, deactivation or termination of your User Account or this Agreement; payments made by you or any payments made or allegedly owed to you; any city, county, state or federal wage-hour law; compensation, breaks and rests periods, expense reimbursement, wrongful termination, discrimination, harassment, retaliation, fraud, defamation, trade secrets, unfair competition, emotional distress; any promotions or offers made by Company; breach of any express or implied contract or breach of any express or implied covenant; claims arising under federal or state consumer protection laws; claims arising under antitrust laws; claims arising under the Telephone Consumer Protection Act and Fair Credit Reporting Act; and claims arising under the Fair Labor Standards Act, Civil Rights Act of 1964, Uniform Trade Secrets Act, Americans With Disabilities Act, Age Discrimination in Employment Act, Older Workers Benefit Protection Act, Family Medical Leave Act, Employee Retirement Income Security Act (except for individual claims for employee benefits under any benefit plan sponsored by Company and covered by the Employee Retirement Income Security Act of 1974 or funded by insurance), and state statutes, if any, addressing the same or similar subject matters; and all other federal and state statutory and common law claims.

If there is a dispute about the ability to arbitrate any Claim (including questions about the scope, applicability, interpretation, validity, and enforceability of this arbitration agreement), you and Blitz mutually agree that this threshold dispute shall be delegated to the arbitrator (not a court) and that the arbitrator shall have initial authority to resolve such threshold disputes, except as expressly provided below.

YOU ACKNOWLEDGE ,AGREE, AND UNDERSTAND THAT YOU AND Blitz ARE WAIVING THE RIGHT TO SUE IN COURT OR HAVE A JURY TRIAL FOR ALL CLAIMS, UNLESS EXPRESSLY EXCLUDED IN THIS ARBITRATION AGREEMENT. THIS ARBITRATION AGREEMENT IS INTENDED TO REQUIRE ARBITRATION OF EVERY CLAIM OR DISPUTE THAT CAN LAWFULLY BE ARBITRATED, EXCEPT THOSE CLAIMS AND DISPUTES WHICH BY THE TERMS OF THIS ARBITRATION AGREEMENT ARE EXPRESSLY EXCLUDED FROM THE REQUIREMENT TO ARBITRATE.

Except as otherwise required under applicable law, you and Blitz agree that any arbitration will be limited to the Claim between you and Blitz individually. YOU ACKNOWLEDGE AND AGREE THAT YOU AND Blitz ARE EACH WAIVING THE RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION LAWSUIT, CLASS-WIDE ARBITRATION, OR ANY OTHER REPRESENTATIVE PROCEEDING (“CLASS ACTION WAIVER”). Further, unless both , you and Blitz otherwise agree, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. The arbitrator shall have no authority to consider or resolve any Claim or issue any relief on any basis other than an individual basis. The arbitrator shall have no authority to consider or resolve any Claim or issue any relief on a class, collective, or representative basis. Notwithstanding the foregoing, this Class Action Waiver shall not apply to Private Attorney General Act Claims brought against Company, which are addressed separately in Section 17(d) below.

Notwithstanding any other provision of this Agreement, the Arbitration Agreement or the AAA Rules (as defined below), disputes regarding the scope, applicability, enforceability, revocability or validity of the Class Action Waiver may be resolved only by a civil court of competent jurisdiction and not by an arbitrator. In any case in which: (i) the Claim is filed as a class, collective, or representative action and (ii) there is a final judicial determination that the Class Action Waiver is unenforceable as to any Claims, then those Claims shall be severed from any remaining Claims and may remain in a civil court of competent jurisdiction, but the Class Action Waiver shall be enforced in arbitration on an individual basis as to all other Claims to the fullest extent possible.

(d) Representative PAGA Waiver

Notwithstanding any other provision of this Agreement, the Arbitration Agreement or the AAA Rules, to the fullest extent allowed by law: (1) you and Blitz agree not to bring a representative action on behalf of others under the California Private Attorneys General Act of 2004 (“PAGA”), California Labor Code § 2698 et seq., in any court or in arbitration, and (2) for any claim brought on a private attorney general basis, including under PAGA, both you and Company agree that any such Claim shall be resolved in arbitration on an individual basis only (i.e., to resolve whether you have personally been aggrieved or subject to any violations of law), and that such an action may not be used to resolve the claims or rights of other individuals in a single or collective proceeding (i.e., to resolve whether other individuals have been aggrieved or subject to any violations of law) (collectively, “Representative PAGA Waiver”). Notwithstanding any other provision of this Agreement, the Arbitration Agreement or the AAA Rules, disputes regarding the scope, applicability, enforceability, revocability or validity of this representative PAGA Waiver may be resolved only by a civil court of competent jurisdiction and not by an arbitrator. If any provision of this representative PAGA Waiver is found to be unenforceable or unlawful for any reason: (i) the unenforceable provision shall be severed from this Agreement; (ii) severance of the unenforceable provision shall have no impact whatsoever on the Arbitration Agreement or the requirement that any remaining Claims be arbitrated on an individual basis pursuant to the Arbitration Agreement; and (iii) any such representative PAGA or other representative private attorneys general act Claims must be litigated in a civil court of competent jurisdiction and not in arbitration. To the extent that there are any Claims to be litigated in a civil court of competent jurisdiction because a civil court of competent jurisdiction determines that the representative PAGA Waiver is unenforceable with respect to those Claims, the parties agree that court litigation of those Claims shall be stayed pending the outcome of any individual Claims in arbitration.

(e) Rules/Standards and Governing Arbitration Proceeding

The arbitration will be commenced and conducted under the AAA Rules in effect at the time the arbitration is initiated and modified by the terms set forth in this Agreement, and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the AAA website www.adr.org . Notwithstanding the foregoing, if requested by you and if proper based on the facts and circumstances of the Claims presented, the arbitrator shall have the discretion to select a different set of AAA Rules, but in no event shall the arbitrator consolidate more than one person’s Claims, or otherwise preside over any form of representative, collective, or class proceeding. You and Blitz agree that the arbitration shall be administered before a single arbitrator mutually agreed upon by the parties, and if the parties cannot agree within thirty (30) days after names of potential arbitrators have been proposed, then by a single arbitrator who is chosen by the AAA.

As part of the arbitration Proceeding, both you and Company will have the opportunity for reasonable discovery of non-privileged information that is relevant to the Claim(s). The arbitrator may award any individualized remedies that would be available in court. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claims. The arbitrator will provide a reasoned written statement of the arbitrator’s decision, which shall explain the award given and the findings and conclusions on which the decision is based.

The arbitrator will decide the substance of all Claims in accordance with applicable law, and will honor all claims of privilege recognized by law. The arbitrator’s award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

Your arbitration fees and your share of arbitrator compensation will be governed by the AAA Rules (and, where appropriate, limited by the AAA Consumer Rules) subject to the following modifications:

(i) If Company initiates arbitration under this Arbitration Agreement, Company will pay all AAA filing and arbitration fees.

(ii) If a Client or Assistant files a Claim in accordance with this Arbitration Agreement and the associated claim for damages does not exceed USD $10,000, Company will pay all AAA filing fees and arbitration fees unless the arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose or mean (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).

(iii) If a Client or Assistant files a Claim in accordance with this Arbitration Agreement and the associated claim for damages exceeds USD $10,000, Company shall pay all costs unique to arbitration (as compared to the costs of adjudicating the same claims before a court), including the regular and customary arbitration fees and expenses, and the Client or Assistant shall be responsible for contributing up to an amount equal to the filing fee that would be paid to initiate the claim in the court of general jurisdiction in the state in which they provide Services to Clients, unless a lower fee amount would be owed by you as required by law or the applicable AAA Rules. Any dispute as to whether a cost is unique to arbitration shall be resolved by the arbitrator. If the arbitrator finds that the substance of your claim or the relief sought is frivolous or brought for an improper purpose or mean, however, then the allocation of fees will be governed by the applicable AAA Rules.

(iv) Except as required by law or the applicable AAA Rules, each party shall pay its own attorneys’ fees and pay any costs that are not unique to the arbitration (i.e., costs that each party would incur if the Claim(s) were litigated in a court, such as costs to subpoena witnesses and/or documents, take depositions and purchase deposition transcripts, document copies, etc.).

(v) At the conclusion of any arbitration, the arbitrator may award reasonable fees and costs or any portion thereof to the prevailing party, to the extent authorized by applicable law or the applicable AAA Rules.

Unless you and Company agree otherwise, any arbitration hearings between Company and a Assistant will take place in the county of your billing address, and any arbitration hearings between Company and a Client will take place in the county in which you received Services. If AAA arbitration is unavailable in your county, the arbitration hearings will take place in the nearest available location for a AAA arbitration.

(f) Exceptions to Arbitration

The following types of Claims may be, but are not required to be, arbitrated under the Arbitration Agreement:

Claims for workers’ compensation, disability insurance and unemployment insurance benefits;
Small claims actions that are within the scope of small claims court jurisdiction and brought on an individual basis;
Applications for provisional remedies, preliminary injunctions, and temporary restraining orders, including those relating to actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights;
A representative action brought on behalf of others under PAGA or other private attorney general acts, to the extent the representative PAGA Waiver in Section 17(d) is deemed unenforceable by a court of competent jurisdiction; and
Claims that may not be subject to arbitration as a matter of general law not preempted by the Federal Arbitration Act.

Nothing in this Arbitration Agreement prevents you from making a report to or filing a claim or charge with the Equal Employment Opportunity Commission, U.S. Department of Labor, Securities Exchange Commission, National Labor Relations Board, or Office of Federal Contract Compliance Programs, or any other similar local, state or federal agency, and nothing in this Arbitration Agreement shall be deemed to preclude or excuse a party from bringing an administrative claim before any agency in order to fulfill the party’s obligation to exhaust administrative remedies before making a claim in arbitration. However, you knowingly and voluntarily waive the right to seek or recover money damages of any type pursuant to any administrative complaint and instead may seek such relief only through arbitration under this Agreement. This Agreement and Arbitration Agreement do not prevent you from participating in an investigation by a government agency of any report, claim or charge otherwise covered by this Arbitration Provision and do not prevent you from receiving an award for information provided to any government agencies.

(g) Severability

Except as otherwise provided in the severability provisions in Sections 17(c) and 17(d) above, in the event that any portion of this Arbitration Agreement is deemed illegal or unenforceable, such provision shall be severed and the remainder of the Arbitration Agreement Section shall be given full force and effect.

(h) Right to Opt Out of Arbitration Agreement

If you are a Assistant, you may opt out of the Arbitration Agreement by notifying Company via email within thirty (30) days of your agreement to these Terms of Service. To opt out, you must send an email to Company at arbitration@theblitzapp.com that includes (a) your account username, (b) your name, (c) your address, (d) your telephone number, (e) your email address, and (f) a clear statement indicating that you do not wish to resolve claims through arbitration and demonstrating compliance with the 30-day time limit to opt out of the above arbitration and class action/jury trial waiver provisions.

18. Governing Law; Jurisdiction

Except for the Arbitration Agreement in Section 17, which is governed by the Federal Arbitration Act and except as may be prohibited by the law of the State in which you primarily reside, this Agreement is governed and interpreted pursuant to the laws of the State of New York, United States of America, notwithstanding any principles of conflicts of law. For all Disputes not subject to arbitration, You agree to submit to the personal and exclusive jurisdiction and venue of the courts located within the county of New York, New York.

19. No Agency; No Employment

No agency, partnership, joint venture, employer-employee or franchiser-franchisee relationship is intended or created by this Agreement.

20. General Provisions

Failure by Company to enforce any provision(s) of this Agreement will not be construed as a waiver of any provision or right. This Agreement constitutes the complete and exclusive agreement between you and Company with respect to its subject matter, and supersedes and governs any and all prior agreements or communications. The provisions of this Agreement are intended to be interpreted in a manner which makes them valid, legal, and enforceable. Except for the “Agreement Prohibiting Class Actions and Non-Individualized Relief” in Section 17, in the event any provision is found to be partially or wholly invalid, illegal or unenforceable, (1) such provision shall be modified or restructured to the extent and in the manner necessary to render it valid, legal, and enforceable or, (2) if such provision cannot be so modified or restructured, it shall be excised from the Agreement without affecting the validity, legality or enforceability of any of the remaining provisions. This Agreement may not be assigned or transferred by you without our prior written approval. We may assign or transfer this Agreement without your consent, including but not limited to assignments: (i) to a parent or subsidiary, (ii) to an acquirer of assets, or (iii) to any other successor or acquirer. Any assignment in violation of this Section 20 shall be null and void. This Agreement will inure to the benefit of Company, its successors and assigns.

21. Licensing

Assistants alone are responsible for identifying and obtaining any required licenses, permits, or registrations before offering and undertaking Services. Indeed, certain types of Services may be prohibited altogether, and it is the responsibility of Assistants to screen and avoid such prohibited Services. Penalties may include fines or other enforcement. If you have questions about how local laws apply to your Services on the platform, you can and should first seek separate legal guidance.

Blitz does not oversee, monitor or supervise the posting, scoping or performance of Services, so its the Clients responsibility to determine for themselves whether a Assistant is qualified to perform the requested Service. Clients may wish to consult their state or local requirements to determine whether certain Services are required to be performed by a licensed professional.

22. Changes to this Agreement and the Blitz Platform

Company reserves the right, at its sole and absolute discretion, to change, modify, add to, supplement, suspend, discontinue, or delete any of the terms and conditions of this Agreement (including the Terms of Service and the Privacy Policy) and review, improve, modify or discontinue, temporarily or permanently, the Blitz Platform or any content or information through the Blitz Platform at any time, effective with or without prior notice and without any liability to Company. Company will endeavor to notify you of material changes by email, but will not be liable for any failure to do so. If any future changes to this Agreement are unacceptable to you or cause you to no longer be in compliance with this Agreement, you must terminate, and immediately stop using, the Blitz Platform. Your continued use of the Blitz Platform following any revision to this Agreement constitutes your complete and irrevocable acceptance of any and all such changes. Company may also impose limits on certain features or restrict your access to part or all of the Blitz Platform without notice or liability.

23. No Rights of Third Parties

None of the terms of this Agreement are enforceable by any persons who are not a party to this Agreement.

24. Severability

These Terms shall be deemed severable. In the event that any provision is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by law, and such determination shall not affect the validity and enforceability of any other remaining provisions.

25. Notices and Consent to Receive Notices Electronically

You consent to receive any agreements, notices, disclosures and other communications (collectively, “Notices”) to which this Agreement refers electronically including without limitation by e-mail or by posting Notices on this Site. You agree that all Notices that we provide to you electronically satisfy any legal requirement that such communications be in writing. Unless otherwise specified in this Agreement, all notices under this Agreement will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or email; or the day after it is sent, if sent for next day delivery by a recognized overnight delivery service.

26. Contact Information

If you have any questions regarding this Agreement, please contact us at legal@theblitzapp or by mail to the following address: TheBlitz, Inc. Attn.: Legal, 555 Madison Ave, 5th Floor, New York, NY 10022

I HEREBY ACKNOWLEDGE THAT I HAVE READ AND UNDERSTAND THE FOREGOING TERMS OF SERVICE, AS WELL AS THE PRIVACY POLICY AND AGREE THAT MY USE OF THE Blitz PLATFORM IS AN ACKNOWLEDGMENT OF MY AGREEMENT TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.

Terms of Service

Last updated: July 22, 2019

These Terms of Service constitute a legally binding agreement between you (“you” or “user”) and TheBlitz, Inc. (“Company” or “Blitz”) governing your use of the Blitz Platform (as defined below), Company’s website (https://theblitzapp.com or the “Site”) or mobile applications (the “Apps”). The Blitz platform and related services provided by Company, the Site, and Apps, including without limitation communications and information (whether in writing, orally, or otherwise howsoever) provided by Company to potential and actual Talents and Clients in relation to the services, together are hereinafter collectively referred to as the “Blitz Platform.”

IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, YOU MAY NOT USE OR ACCESS THE Blitz PLATFORM.

A few highlights of these Terms of Service include:

Your agreement that the Blitz Platform is provided “as is” and without warranty (Section 15).
Your agreement that Company has no liability regarding the Blitz Platform or the performance of Services (Section 15).
Your acknowledgment and agreement that you, and not Blitz, choose, supervise, manage, control, and monitor a Talent’s work and the Services provided(Section 1).
Your acknowledgement and agreement that Clients (as defined below) are solely responsible for determining if the Talent they booked is qualified to perform the Services requested.
Your consent to release Company from liability based on claims between Users (Section 2) and generally (Section 15).
Your agreement to indemnify Company from claims due to your use ,misuse or inability to use the Blitz Platform ,your violation of this Agreement, applicable laws or third party rights , or content or information submitted from your account to the Blitz Platform (Section 16).
Your consent to submit any claims against Company to binding arbitration, and on an individual basis only, to the extent permissible by law (Section 17).

1. The Blitz Platform Connects Talents and Clients

The Blitz Platform is a communications platform for enabling the connection between Clients and Talents. “Clients” are individuals and/or businesses seeking to obtain Assistance Services (“Services”) from Talents and are therefore clients of Talents, and “Talents” are individuals and/or businesses seeking to perform Services for Clients. Clients and Talents together are hereinafter referred to as “Users.” If you agree on the terms of a Service with another User, you and such other User form a Service Agreement directly between the two of you as set forth in more detail in Section 3 below.

TALENTS ARE INDEPENDENT CONTRACTORS AND NOT EMPLOYEES, PARTNERS, AGENTS, JOINT VENTURES, OR FRANCHISEES OF COMPANY. COMPANY DOES NOT PERFORM SERVICES AND DOES NOT EMPLOY INDIVIDUALS TO PERFORM SERVICES. USERS HEREBY ACKNOWLEDGE THAT COMPANY DOES NOT SUPERVISE, MANAGE, CONTROL OR MONITOR A TALENT’S WORK AND EXPRESSLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR THE WORK PERFORMED OR THE SERVICES 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.

The Blitz Platform only enables the connections between Users for the fulfilling of Services. Company is not responsible for the performance or the communications of Users, nor does it have control over the quality, timing, legality, failure to provide, or any other aspect whatsoever of Talents, Talents, Clients, nor of the integrity, responsibility, qualifications, or any of the actions or omissions whatsoever of any Users, or of any ratings provided by Users with respect to each other. Company makes no warranties or representations about the suitability, reliability, timeliness, or accuracy of the Services requested or services provided by, or the communications of or between, Users identified through the Blitz Platform, whether in public, private, or offline interactions or otherwise howsoever.

2. User Vetting and User Representations and Warranties

User Vetting

User Representations and Warranties

You further represent and warrant that you have read, understand, and agree to be bound by these Terms of Service and the Privacy Policy in order to access and use the Blitz Platform. You hereby warrant and represent that you will respect the privacy (including without limitation private, family and your home life), property and data protection rights of Users and that you will not record (whether video or audio or otherwise) any Service or any interaction by or with any User and/or Company in connection with the Blitz Platform without the prior written consent of Company and/or the relevant User, as applicable. You further represent and warrant that you will fulfill the commitments you make to other Users, including paying/receiving payment through the Blitz Platform, performing the Service(s) agreed upon as between the Talent and Client, communicating clearly and promptly through the chat thread, being present and/or available at the time and location you agree upon with your Talent or Client as the case may be, and only utilizing the third party payment processing system specified or approved by us to make or receive payment for services provided through the Blitz Platform. You also represent and warrant that you will act professionally and responsibly in your interactions with other Users. You further represent and warrant that when using or accessing the Blitz Platform, you will act in accordance with any applicable local, state, national, or international law, custom and in good faith.

Talents additionally represent and warrant that you will provide timely, high-quality services to your Clients, you will only offer and provide services for which you have the necessary skills and expertise, and you will provide the services safely.

3. Contract between Clients and Talents

You agree and acknowledge that a legally binding contract (the “Service Agreement”) is formed when you agree on the terms of a Talent with another User. The terms of the Service Agreement include the terms set forth in this Section 3, the engagement terms proposed and accepted on the Blitz Platform, and any other contractual terms accepted by both the Talent and their Client to the extent such terms do not conflict with the terms in this Agreement, including this Section 3, and do not expand Company’s obligations or restrict Company’s rights under this Agreement. You agree that Company is not a party to any Service Agreement and the formation of a Service Agreement will not, under any circumstance, create an employment or other service relationship between Company and the Talent (or anyone else supplied by the Talent), nor will it create an employment relationship between the Client and the Talent or any such person. Company’s role is restricted solely to acting as a limited payment collection agent for the Talent to facilitate payment on behalf of the Talent through the Blitz Platform in respect of Services they perform. In acting as the limited payment collection agent for particular Services on the Blitz Platform, Blitz disclaims any other agency or authority to act on behalf of the Talent, and assumes no liability for any acts or omissions of the Talent, either within or outside of the Blitz Platform.

Where approved in advance by the Client, the Talent is not obligated to personally perform the Services. Before any Services are performed by any helpers, assistants, subcontractors or other personnel engaged by the Talent (collectively “Assistants”), the Talent shall require any such individuals to become fully registered, oriented and verified Talents on the Blitz Platform. A Talent’s failure to comply with this provision by bringing an Assistant who is not a registered Talent could lead to removal from the Blitz Platform. The Talent assumes full and sole responsibility for the acts and omissions of such Assistants, including without limitation the payment of all compensation, benefits and expenses of Assistants, if any, and for all required and applicable state and federal income tax withholdings as to the Talent and all persons engaged by the Talent in the performance of Services.

While using the Blitz Platform, Clients, in their sole discretion, determine whether they will be present or not when a Service is performed and/or completed. Clients who elect not to be present when a Service is performed and/or completed agree that if someone other than them (i.e. spouse, roommate, family, friend, etc) is present when the Service is performed, they are appointing that person as their agent (“Client’s Agent”) and the Talent may take and follow direction from the Client’s Agent as if such direction was given from the Client him or herself.

The Client shall pay their Talent directly for completed Services through the Payment Service Provider retained by the Company (“PSP”) as indicated on the Blitz Platform at the rates agreed to by the parties in the Service Agreement. Each party agrees to comply with the Service Agreement and this Agreement during the engagement, performance and completion of a Service. Both parties agree to notify Company of any disputes prior to negotiation of or filing of any claims and to negotiate any dispute informally via Company representatives for at least thirty (30) days before initiating any proceeding. Blitz reserves the right to suspend or terminate any account or Service pending the resolution of any dispute.

4. Billing and Payment

Users of the Blitz Platform contract for Services directly with other Users. Company will not be a party to any contracts for Services or Chores. Payment for Services through the Blitz Platform is made directly from the Client to the Talent via the PSP, and not by Company. Company is not obligated to pay Talent for Client’s failure to pay for services.

Users of the Blitz Platform will be required to provide their credit card and/or bank account details to Company and the PSP. Clients will be responsible for paying the invoice for each Service (the “Invoice”), which will include (i) the pricing terms of the Service agreed with and also agreed and set by the Talent (“Service Payment”), (ii) any out of pocket expenses agreed with and submitted by a Talent in connection with the Service provided, (iii) any tip or gratuity, if applicable, (iv) the service charge Company assesses as payable for the use of the Blitz Platform, variable based on the Service Payment amount, and (v) the platform fee (sometimes referred to as Support & Trust Fee), which is used to offset Company’s cost of providing Users with customer support and other various business objectives, and (vi) cancellation fees, if applicable. Talents will be responsible for paying (i) registration fees (applicable to Talents registrants), (ii) cancellation fees, if applicable and (iii) repayment of erroneous payments. Clients may also be charged credit card processing fees equal to three percent (3%) of the aggregate expense amount .

Talents may be required to register with the PSP, agree to terms of service of the PSP, and go through a vetting process at the request of the PSP to set up their account with the PSP (the “PSP Services Agreement”). By accepting these Terms of Service, each Talent agrees that they have downloaded or printed, and reviewed and agreed to, the PSP Services Agreement. Please note that Blitz is not a party to the PSP Services Agreement and that you, the PSP and any other parties listed in the PSP Services Agreement are the parties to the PSP Services Agreement and that Blitz has no obligations or liability to any Talent or other party under the PSP Services Agreement.

Company reserves the right (but not the obligation), in its sole discretion, upon request from Client or Talent, or upon notice of any potential fraud, unauthorized charges or other misuse of the Blitz Platform, to (i) place on hold any Service Payment, out of pocket expenses, and/or tip or gratuity (if applicable) or (ii) refund or provide credits, or arrange for the PSP to do so.

Service Payment and fees must be paid through the PSP as indicated on the Blitz Platform.

Users of the Blitz Platform will be liable for any taxes required to be paid on the Services provided under the Agreement.

5. Contests, and Promotional Codes

Promotional Codes

Promo Codes are an offer by the Company to reduce the amount a Client has to pay in relation to a Service Payment, service fee, and/or platform fee. Promo Codes will not affect the amount of the Service Payment a Talent ultimately receives. You agree that you will use Promo Codes in accordance with the terms of the Promo Code. Company reserves the right to withhold or deduct credits or other features or benefits obtained through the use of a Promo Code by you or any other User in the event that Company determines or believes that the use or redemption of a Promo Code was in error, fraudulent, illegal, or in violation of the applicable Promo Code terms or this Agreement.

6. Submission Areas; Acceptable Use

Without limitation, while using the Blitz Platform, you may not:

Defame, abuse, harass, stalk, threaten, intimidate, misrepresent, mislead or otherwise violate the legal rights (such as, but not limited to, rights of privacy, confidentiality, reputation, and publicity) of others, including Users and Blitz staff, or use information learned from the Blitz Platform or during the performance of Talents to otherwise defame, abuse, harass, stalk, threaten, intimidate, misrepresent, mislead, or otherwise violate the legal rights of any other User or Company staff;
Publish, post, upload, distribute or disseminate any profane, defamatory, infringing, obscene or unlawful topic, name, material or information on the Blitz Platform;
Use the Blitz Platform for any unauthorized purpose, including, but not limited to posting or completing a Service in violation of local, state, national, or international law;
Upload files that contain software or other material that violates the intellectual property rights (or rights of privacy or publicity) of any User, third party, or Company;
Upload files that contain viruses, Trojan horses, corrupted files, or any other similar software that may damage the operation of another’s computer;
Post or upload any content to which you have not obtained any necessary rights or permissions to use accordingly;
Advertise or offer to sell any goods or services for any commercial purpose through the Blitz Platform which are not relevant to the Services offered through the Blitz Platform;
Book or complete a Service requiring a User to (i) purchase or obtain gift cards or money orders (ii) purchase items (over $100) without obtaining pre-approval from Company, (iii) provide ride-sharing or other peer to peer transportation services, (iv) post ratings or reviews on any third party website in breach of such third party website’s terms of use, or (v) otherwise engage in activity that is illegal or deemed dangerous, harmful or otherwise inappropriate by Company in its sole discretion;
Conduct or forward surveys, contests, pyramid schemes, or chain letters;
Impersonate another person or a User or allow any other person or entity to use your identification to post or view comments;
Download any file posted by another User that a User knows, or reasonably should know, cannot be legally distributed through the Blitz Platform;
Restrict or inhibit any other User from using and enjoying the Submission Areas;
Imply or state that any statements you make are endorsed by Blitz, without the prior written consent of Blitz;
Use a robot, spider, manual, meta tag, “hidden text,” agent, robot, script, and/or automatic processes or devices to data-mine, data-crawl, scrape, collect, mine, republish, redistribute, transmit, sell, license, download, manage or index the Blitz Platform, or the personal information of others, in any manner;
Hack or interfere with the Blitz Platform, its servers or any connected networks;
Frame or utilize framing techniques to enclose the Blitz Platform or any portion thereof;
Adapt, alter, license, sublicense or translate the Blitz Platform for your own personal or commercial use;
Remove or alter, visually or otherwise, any copyrights, trademarks or proprietary marks or rights owned by Blitz and Affiliates;
Upload content to the Blitz Platform that is offensive and/or harmful, including, but not limited to, content that advocates, endorses, condones or promotes racism, bigotry, hatred or physical harm of any kind against any individual or group of individuals;
Upload content that provides materials or access to materials that exploit people in an abusive, violent or sexual manner;
Use the Blitz Platform to solicit for any other business, website or service, or otherwise contact Users for employment, contracting or any purpose not related to use of the Blitz Platform as set forth herein;
Use the Blitz Platform in a manner that is false or misleading (directly or by omission or failure to update information) or for the purpose of accessing or otherwise obtaining Company’s trade secret information for public disclosure or other purposes;
Use the Blitz Platform to collect usernames and or/email addresses of Users by electronic or other means;
Use the Blitz Platform or Services requested in violation of this Agreement;
Attempt to circumvent the payments system or service fees in any way including, but not limited to, processing payments outside of the Blitz Platform, providing inaccurate information on invoices, or otherwise invoicing in a fraudulent manner;
Register under different usernames or identities after your account has been suspended or terminated, or register under multiple usernames or false identities, or register using a false or disposable email or phone number; or
Cause any third party to engage in the restricted activities above.

7. Account, Security, Password, and Mobile Phone Use

8. Termination and Account Suspension

Company reserves the right to modify or discontinue, temporarily or permanently, all or any portion of the Blitz Platform at its sole discretion. Company is not liable to you for any modification or discontinuance of all or any portion of the Blitz Platform. Company has the right to restrict anyone from completing registration as a Talent if Company believes such person may threaten the safety and integrity of the Blitz Platform, or if, in Company’s discretion, such restriction is necessary to address any other reasonable business concern.

9. User Generated Content

The Blitz Platform hosts User Generated Content relating to reviews and ratings of specific Talents (“Feedback”). Such Feedback is such User’s opinion and not the opinion of Company, has not been verified or approved by Company and each Client should undertake their own research to be satisfied according to his expectations. You agree that Company is not responsible or liable for any Feedback or other User Generated Content. Company encourages each User to give objective, honest and constructive Feedback about the other Users with whom they have transacted. Company is not obligated to investigate any remarks posted by Users for accuracy or reliability but may do so at its discretion.

Each Talent who provides to Company any recording, videotape, film, photograph, voice, or all related instrumental, musical, or other sound effects, in exchange for the right to use the Blitz Platform, hereby irrevocably grants to Company the non-exclusive, fully-paid, royalty-free, transferable, sub-licensable, worldwide, unrestricted, and perpetual right to:

Exhibit, distribute, display, transmit, and broadcast on any and all media, including, without limitation, the internet, any videotape, film, recording or photograph that such User provides to Company or that Company takes of Talent, and use, reproduce, modify, or creative derivatives of such Talent picture, silhouette and other reproductions of their physical appearance (as the same may appear in any still camera photograph and/or motion picture film or video) (collectively the “Physical Appearance”);
Reproduce in all media any recordings of such Talents’s voice, and all related instrumental, musical, or other sound effects (collectively, the “Voice”), made in connection with the Blitz Platform;
Use, and permit to be used, such Blitz’s Physical Likeness and Voice in the advertising, marketing, and/or publicizing of the Blitz Platform in any media; and
Use, and permit to be used, such Talents’s name and identity in connection with the Blitz Platform.

Each Talent hereby waives all rights and releases Blitz and Affiliates from, and shall neither sue nor bring any proceeding against any such parties for, any claim or cause of action, whether now known or unknown, for defamation, invasion of right to privacy, publicity or personality or any similar matter, or based upon or relating to the use and exploitation of such Talent’s identity, likeness or voice in connection with the Blitz Platform.

Each Talent acknowledges that Blitz shall not owe any financial or other remuneration for using the recordings provided hereunder by such Talent, either for initial or subsequent transmission or playback, and further acknowledges that Blitz is not responsible for any expense or liability incurred as a result of such Talent’s recordings or participation in any recordings, including any loss of such recording data.

10. Links to Third-Party Websites

11. Worker Classification and Withholdings

Users do not have authority to enter into written or oral — whether implied or express — contracts on behalf of Company. Each User acknowledges that Blitz does not, in any way, direct, supervise, scope, manage, control or monitor a Talent’s work and performance or Services performed in any manner. Company does not set the Talent’s work hours or location of work. Blitz will not provide any equipment, labor or materials maybe needed for a particular Service booked. Blitz does not provide any supervision to Users and or Services.

12. Intellectual Property Rights

13. Copyright Complaints and Copyright Agent

A description of the copyrighted work that you claim has been infringed, including the URL (Internet address) or other specific location on the Blitz Platform where the material you claim is infringed is located. Include enough information to allow Blitz to locate the material, and explain why you think an infringement has taken place;
A description of the location where the original or an authorized copy of the copyrighted work exists
Your personal information such as: address, telephone number, and e-mail address;
A statement by you that you have a good faith and belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
A statement by you, made under penalty of perjury, that the information you provided are accurate, and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and
An electronic or physical signature of the owner of the copyright , or the person authorized to act on behalf of the owner of the copyright interest.

14. Confidential Information

15. Disclaimer of Warranties

(a) USE OF THE Blitz PLATFORM IS ENTIRELY AT YOUR OWN RISK

Not withstanding any feature, each Client is responsible for determining the Service requested and Blitz does not warrant any goods or services purchased by a Client and does not recommend any particular Talent. Blitz does not provide any warranties or guarantees regarding any Talent’s professional accreditation, license or necessary registration.

(b) NO LIABILITY

16. INDEMNIFICATION.

You hereby agree to indemnify, defend, and hold harmless Blitz, its licensors, and each such party’s directors, officers, parent organizations, subsidiaries, affiliates, members, employees, agents, attorneys, independent contractors and vendors from and against any and all claims, losses, expenses, liabilities, damages or demands (including attorneys’ fees and costs incurred), in connection with or resulting from, directly or indirectly: (i) your use or misuse of or inability to use the Blitz Platform, any Merchandise and/or any Service, (ii) your violation of this Agreement, (iii) your violation of any applicable law or regulation; (iv) your violation of the rights of another (including but not limited to Talents), and (v) Your Information and content that you submit or transmit through the Blitz Platform. Blitz reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to your indemnification. You will not, in any event, settle any such claim or matter without the prior written consent of Blitz.

17. Dispute Resolution – Mutual Arbitration Agreement & Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY — IT AFFECTS YOUR LEGAL RIGHTS AND GOVERNS HOW YOU AND Blitz CAN BRING CLAIMS AGAINST EACH OTHER.

(a) Informal Negotiations

(b) Arbitration Agreement

(d) Representative PAGA Waiver

(e) Rules/Standards and Governing Arbitration Proceeding

Your arbitration fees and your share of arbitrator compensation will be governed by the AAA Rules (and, where appropriate, limited by the AAA Consumer Rules) subject to the following modifications:

(i) If Company initiates arbitration under this Arbitration Agreement, Company will pay all AAA filing and arbitration fees.

(ii) If a Client or Talent files a Claim in accordance with this Arbitration Agreement and the associated claim for damages does not exceed USD $10,000, Company will pay all AAA filing fees and arbitration fees unless the arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose or mean (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).

(iii) If a Client or Talent files a Claim in accordance with this Arbitration Agreement and the associated claim for damages exceeds USD $10,000, Company shall pay all costs unique to arbitration (as compared to the costs of adjudicating the same claims before a court), including the regular and customary arbitration fees and expenses, and the Client or Talent shall be responsible for contributing up to an amount equal to the filing fee that would be paid to initiate the claim in the court of general jurisdiction in the state in which they provide Services to Clients, unless a lower fee amount would be owed by you as required by law or the applicable AAA Rules. Any dispute as to whether a cost is unique to arbitration shall be resolved by the arbitrator. If the arbitrator finds that the substance of your claim or the relief sought is frivolous or brought for an improper purpose or mean, however, then the allocation of fees will be governed by the applicable AAA Rules.

Unless you and Company agree otherwise, any arbitration hearings between Company and a Talent will take place in the county of your billing address, and any arbitration hearings between Company and a Client will take place in the county in which you received Services. If AAA arbitration is unavailable in your county, the arbitration hearings will take place in the nearest available location for a AAA arbitration.

(f) Exceptions to Arbitration

The following types of Claims may be, but are not required to be, arbitrated under the Arbitration Agreement:

Claims for workers’ compensation, disability insurance and unemployment insurance benefits;
Small claims actions that are within the scope of small claims court jurisdiction and brought on an individual basis;
Applications for provisional remedies, preliminary injunctions, and temporary restraining orders, including those relating to actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights;
A representative action brought on behalf of others under PAGA or other private attorney general acts, to the extent the representative PAGA Waiver in Section 17(d) is deemed unenforceable by a court of competent jurisdiction; and
Claims that may not be subject to arbitration as a matter of general law not preempted by the Federal Arbitration Act.

(g) Severability

(h) Right to Opt Out of Arbitration Agreement

If you are a Talent, you may opt out of the Arbitration Agreement by notifying Company via email within thirty (30) days of your agreement to these Terms of Service. To opt out, you must send an email to Company at arbitration@theblitzapp.com that includes (a) your account username, (b) your name, (c) your address, (d) your telephone number, (e) your email address, and (f) a clear statement indicating that you do not wish to resolve claims through arbitration and demonstrating compliance with the 30-day time limit to opt out of the above arbitration and class action/jury trial waiver provisions.

18. Governing Law; Jurisdiction

19. No Agency; No Employment

No agency, partnership, joint venture, employer-employee or franchiser-franchisee relationship is intended or created by this Agreement.

20. General Provisions

21. Licensing

Talents alone are responsible for identifying and obtaining any required licenses, permits, or registrations before offering and undertaking Services. Indeed, certain types of Services may be prohibited altogether, and it is the responsibility of Talents to screen and avoid such prohibited Services. Penalties may include fines or other enforcement. If you have questions about how local laws apply to your Services on the platform, you can and should first seek separate legal guidance.

Blitz does not oversee, monitor or supervise the posting, scoping or performance of Services, so its the Clients responsibility to determine for themselves whether a Talent is qualified to perform the requested Service. Clients may wish to consult their state or local requirements to determine whether certain Services are required to be performed by a licensed professional.

22. Changes to this Agreement and the Blitz Platform

23. No Rights of Third Parties

None of the terms of this Agreement are enforceable by any persons who are not a party to this Agreement.

24. Severability

25. Notices and Consent to Receive Notices Electronically

26. Contact Information