LIMITATION OF LIABILITY
All information provided on the site is provided "as is" with all faults without warranty of any kind, either expressed or implied. Shop Blaze disclaims all warranties, expressed or implied including, without limitation, those of merchantability, fitness for a particular purpose and noninfringement or arising from a course of dealing, usage, or trade practice. To the fullest extent permitted by applicable law, under no circumstances, including, but not limited to, negligence, shall Shop Blaze be liable for any direct, indirect, special, incidental or consequential damages, including, without limitation, loss of data or profit, arising out of the use, or the inability to use, the site or the materials on this site, even if Shop Blaze has been advised of the possibility of such damages. Some states do not allow the exclusion or limitation of incidental or consequential damages, so such limitation or exclusion may not apply.

PROHIBITED USES OF THE SITE
When using the Site, you agree not to upload, post, send or exchange content that is illegal, improper or unrelated to the purpose of the Site. By way of example, and not as a limitation, you agree that when using the Site, you will not defame, violate copyrights, or reveal confidential information of any third party.

INDEMNIFICATION
You agree to indemnify, defend, and hold Shop Blaze harmless from any claims or liabilities based on a violation of these Terms and Conditions.

GENERAL
Shop Blaze makes no claims that the Site and/or the Materials may be lawfully accessed, viewed or downloaded outside of the United States. Any such use of the Site and/or the Materials may not be lawful by certain persons or in certain territories. If you access any of these from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of whatever jurisdiction you are in at the time.

GOVERNING LAW AND JURISDICTION
All matters relating to access, use or claims arising out of the Site shall be governed by the laws of the state of Texas, US. You consent to the exclusive jurisdiction and venue of the state and federal courts within Harris County, Texas with respect to such matters.

SMS

By consenting to Shop Blaze’s SMS marketing in the checkout and initializing a purchase or subscribing via our subscription tools, you agree to receive recurring text notifications (for your order, including abandoned checkout reminders), text marketing offers, and transactional texts, including requests for reviews from us, even if your mobile number is registered on any state or federal do-not-call list. Message frequency varies. Consent is not a condition of purchase.

If you wish to unsubscribe from receiving text marketing messages and notifications, reply with STOP to any mobile message sent from us or use the unsubscribe link we provided you within any of our messages. You understand and agree that alternative methods of opting out, such as using alternative words or requests, will not be considered a reasonable means of opting out. We do not charge for the service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message and data rates may apply.

For any questions, please text HELP to the number you received the messages from. You can also contact us at https://www.shopblaze.net/pages/contact-us for more information.

We have the right to modify any telephone number or short code we use to operate the service at any time. You will be notified on such occasions. You agree that any messages you send to a telephone number or short code we have changed, including any STOP or HELP requests, may not be received, and we will not be liable for honoring requests made in such messages.

To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.

Your right to privacy is important to us. You can see our Privacy Policy here to determine how we collect and use your personal information.

Arbitration and Class Action Waiver Agreement:

1. Arbitration:

By using or purchasing Blaze Inc. products or services, you agree that any controversy, claim, action, or dispute between you and Blaze Inc. arising out of or relating to: (a) these Terms, or the breach thereof; or (b) your access to or use of Blaze Inc.’s website or the services or the materials; or (c) any alleged violation of any federal or state or local law, statute or ordinance (each such controversy or claim, a “Claim”), shall be resolved exclusively through binding individual arbitration administered by the American Arbitration Association in accordance with its applicable rules.

Arbitration is a form of dispute resolution in which parties agree to submit their disputes and potential disputes to a neutral third person (called an arbitrator) for a binding decision, instead of having such dispute(s) decided in a lawsuit, in court, by a judge or jury trial. The arbitrator is obligated to issue a reasoned award in writing, including all findings of fact and law upon which the award was made. The arbitrator shall not have the power to commit errors of law, and the arbitrator’s award may be vacated or corrected through judicial review by a court of competent jurisdiction. Each party’s attorneys’ fees, expert costs, and other costs and expenses incurred in connection with arbitration will be borne by the party incurring such costs and expenses.  

1. Arbitration Procedures:

Claims shall be heard by a single arbitrator. Arbitrations shall be held in Harris County, Texas, USA, but the parties may choose whether to appear in person, by phone, or through the submission of documents.  The arbitration shall be governed by the Federal Arbitration Act (“FAA”) and by the internal laws of the Texas, without regard to conflicts of laws principles. Any disputes in this regard shall be resolved exclusively by an arbitrator. If, but only if, the arbitrator determines the FAA does not apply, New York law governing arbitration agreements will apply. All disputes with respect to whether the foregoing mutual arbitration provisions are unenforceable, unconscionable, applicable, valid, void or voidable shall be determined exclusively by an arbitrator, and not by any court.

1. Exclusion from Arbitration:

Notwithstanding the terms of this Arbitration Agreement, you may choose to pursue a Claim in court and not by arbitration if you opt-out of these arbitration procedures within 30 days from the date that you first purchase any of Blaze Inc.’s products or services (the “Opt-Out Deadline”). You may opt out by mailing a written notification to 5373 W Alabama St Ste 588, Houston, Texas 77056-5944, United States. Your written notification must include (1) your name, (2) your address, and (3) a clear statement that you do not wish to resolve disputes through arbitration. Your decision to opt-out will have no adverse effect on your relationship with Blaze Inc.. You are responsible for ensuring Blaze Inc.’s receipt of your opt-out notice, and you therefore may wish to send a notice by means that provide a written receipt.  Any opt-out request received after the Opt-Out Deadline will not be valid and you must pursue your Claim in arbitration.

1. Class Action Waiver:

You and Blaze Inc. agree that you may bring or participate in Claims against Blaze Inc. only in your respective individual capacity, and not as a plaintiff or class member in any purported class, consolidated, or representative proceeding.  Unless both you and Blaze Inc. agree otherwise in writing, the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated and may not otherwise preside over any form of a representative or class proceeding. Notwithstanding any other clause contained in this Agreement, any Claim that all or part of this Class Action Waiver is unenforceable, unconscionable, void or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator.