Terms of Use


THE FOLLOWING TERMS OF USE (THE “TERMS”) APPLY TO ALL SERVICES PROVIDED BY TOTALLY BLIND, LLC (TOTALLY BLIND) TO YOU. BY PURCHASING PRODUCTS OR SERVICES FROM TOTALLY BLIND YOU AGREE TO THESE TERMS OF SERVICE.

OUR TERMS

These Terms apply to all Services to be provided by Totally Blind to you during the period in which this Agreement binds both parties. It represents your entire agreement and supersedes any previous agreements between you and Totally Blind, except non-disclosure.

Totally Blind may alter these Terms at any time. While any modifications will also be posted on our website, you may or may not be notified directly of the changes. If you do not agree with the changes to the Terms you may notify Totally Blind within 14 days of your becoming aware of the changes and your services will be terminated. Only an officer of Totally Blind may alter these Terms. No information provided orally will affect these Terms.

You must be at least 18 years of age at the Effective Date of these Terms.

PRODUCTS AND SERVICES RENDERED

Each Order by you shall be an offer by you to buy the Products offered or Services rendered by Totally Blind according to these Terms. No Order shall be deemed to be accepted by Totally Blind until we begin to process your order. The Effective Date of these Terms is the date of the order by you to Totally Blind.

Totally Blind will not be obligated to deliver any Products or Services beyond those defined in the Order.

Should you provide further instructions regarding the Services or Products you requested, Totally Blind will do its best to accommodate the request; however, Totally Blind will not be held liable for any miscommunication or errors caused by our failure to understand the request.

PAYMENT

You are responsible for all fees and taxes incurred according to your Order. These fees are due according to the Due Date of the individual invoice found on your account. All invoices with a balance on the Due Date will accrue interest at a rate of 2.5%. According to our discretion, your Order may be delayed or refused until full payment is received. These Terms may be terminated if full payment is not received on any invoice that is more than 30 days beyond the Due Date, and we reserve the right not to renew these Terms.

If both parties agree in writing that there was an error on an invoice, all interest will be waived and a credit will be issued by Totally Blind to you, if necessary.

INTELLECTUAL PROPERTY RIGHTS

All images, video, music, design, or other items used on the Site other then Customer Content are either the creation of Totally Blind or have been purchased by Totally Blind and therefore may not be used elsewhere unless consent has been given by Totally Blind. Customer Content is not the property of Totally Blind.

Information gathered from you via a customer survey or other feedback methods may be used by Totally Blind to improve the products and services we provide. We own all intellectual property, and other rights extracted from these feedback methods.

REPRESENTATIONS AND WARRANTIES

All services performed by us are covered by the following warranty: We warrant that we will make reasonable efforts to (i) satisfy your needs during the order; (ii) work in a professional manner while processing the order; and (iii) protect any personal information you provide us according to our knowledge and capability. Any components licensed to us by third parties are warranted by those licenses.

You warrant that you and your End Users understand the risks involved with using the Internet and will not hold Totally Blind liable for any negative impacts that arise from the use of our Services or the Internet in general. These risks include, but are not limited to (i) viruses downloaded on other websites; (ii) publicity, by virtue of your information being on the Internet; (iii) loss or breach of data gathered and/or stored by Totally Blind, or any of its affiliates. You also represent and warrant that you will not violate any applicable laws and/or regulations during the use of the Service we provide. You agree to defend, indemnify, and hold blameless Totally Blind and its respective officers, agents, directors, contractors, and employees against any claims, actions, or demands, including legal or accounting fees.

LIMITATION OF LIABILITY

THE PRODUCTS AND SERVICE ARE PROVIDED AS-IS. YOUR USE OF THE PRODUCTS AND SERVICE ARE AT YOUR OWN RISK. WE HEREBY MAKE NO WARRANTIES AND DISCLAIM ANY IMPLIED WARRANTIES WITH REGARD TO INFORMATION ON OUR WEBSITE, PRODUCTS AND SERVICES WE OFFER INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT OF INTELLECTUAL PROPERTY OR OTHER PROPRIETARY RIGHTS, FITNESS FOR A PARTICULAR PURPOSE, AND FREEDOM FROM ERRORS, BUGS, OR VIRUSES. WE DO NOT WARRANT THAT THE PRODUCT MEETS ALL OF YOUR EXPECTATIONS. AS SUCH, NEITHER TOTALLY BLIND, NOR ANY OF ITS SUPPLIERS OR AFFILIATES, WILL BE HELD LIABLE FOR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, INCIDENTAL, PUNITIVE, INDIRECT, OR SPECIAL DAMAGES RESULTING FROM YOUR ORDER OF OUR PRODUCTS.

YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD BLAMELESS TOTALLY BLIND AND ITS RESPECTIVE OFFICERS, AGENTS, DIRECTORS, EMPLOYEES, CONTRACTORS, AND/OR THIRD PARTY VENDORS AGAINST ANY CLAIMS, ACTIONS, OR DEMANDS, INCLUDING LEGAL OR ACCOUTING FEES.

IN JURISDICTIONS THAT DO NOT ALLOW LIMITATION OR EXCLUSION OF LIABILITY, YOU AGREE THAT OUR LIABILITY WILL BE LIMITED TO THE EXTENT PERMITTED BY LAW IN THOSE JURISDICTIONS.

DEFINITIONS

"Totally Blind" means Totally Blind, LLC and/or any affiliate which shall supply Services to you;

"Fees" means the charges to be paid by you for Services rendered by us or Products ordered by you as specified on our website, Order, or other agreement between you and Totally Blind;

"Order" means the order form, purchase order, or agreement you or your representative either signed or requested through our website;

"Service" or "Services" means any and all services provided by Totally Blind under these Terms;

"Terms" means these terms and conditions, including all documents incorporated by reference;

"You" and "your" mean the individual or organization who purchases Services or Products from Totally Blind; and

"We," "us" or "our" means Totally Blind, LLC.

MISCELLANEOUS

If any provision of this Agreement is found void for whatever reason, the offending part shall be deleted but the remaining provisions herein outlined will remain in effect. This agreement does not create any partnership, joint venture, or franchise relationship. Other than what has been stated in this Agreement, neither party has the authority to create any obligation on behalf of the other party in any nature whatsoever. Obligations set forth in this Agreement shall not be assigned, leased, sub-licensed, or otherwise transferred to another party in whole or in part.

Copyright

All code, images, illustrations, logos, graphics, music, sound, video, text, or other materials used on our website are protected under United States and international copyright laws. Unless explicitly stated otherwise in the Agreement between us and our customers, these materials are the property of Totally Blind or its third-party licensors. All rights reserved. Copying, distributing, modifying, selling, participating in the sale of, or transmitting any of these materials without express written consent of Totally Blind is strictly prohibited and shall violate the international copyright or trademark laws of the United States, and/or those of other countries.