Last updated: January 30th, 2018
Blackbell, Inc. (“Blackbell,” “we,” “us,” or “our”) is pleased to offer you access to our online platform that enables you to easily order any of your Establishment services or book local activities (the “Services”) through a variety of Internet-enabled devices, including computers, tablets, smart phones, connected televisions, and personal Internet devices (collectively, “Devices”). Portions of the Services may also be available to you through our website at https://www.blackbell.com
(the “Website”) and our mobile application (the “App”).
which are incorporated herein by reference (collectively, the “Agreement”), and (ii) agree and acknowledge that you will be bound by any additional terms and conditions and/or privacy policies that participating Establishments and/or Vendors may impose, for which Blackbell is not responsible. In the latter case, you will be provided with such additional terms and conditions and/or privacy policies and will be required to accept them in order to access and use the Blackbell Offerings.
1. DESCRIPTION AND USE OF THE SERVICES
Blackbell offers the Services through its proprietary Internet-based platform that allows end users (the “Guests”) to access information and order certain goods and services from hotels, apartments, and other establishments (each, a “Establishment”) and third party vendors (each, a “Vendor”) in our business partner network. The first time you wish to access and use the Services, an account must be created for you that contains certain information (an “Account”). If prompted for such information, you must provide true, accurate, current, and complete information for your Account. You are solely responsible for the confidentiality, security, and use of your Account, as well as for any misuse of or communications using your Account. You will promptly inform us of any need to deactivate an Account. We reserve the right to delete any Account at any time and for any reason. We will not be liable for any loss or damage caused by any unauthorized use of your Account.
2. WAIVER AND RELEASE
We and the Establishments are not a party to any transaction a Guest makes with a Vendor through our Services and we and the Establishments shall have no liability to any party in connection with such transactions.
YOU, ON BEHALF OF YOURSELF AND YOUR HEIRS, NEXT OF KIN, SPOUSE, GUARDIANS, LEGAL REPRESENTATIVES, AGENTS, EXECUTORS, ADMINISTRATORS, SUCCESSORS, AND ASSIGNS (COLLECTIVELY, THE “RELEASING PARTIES”), AGREE THAT SUCH RELEASING PARTIES SHALL NOT HAVE ANY RIGHT OR CAUSE OF ACTION, AND HEREBY FULLY, FINALLY, AND FOREVER RELEASE, DISCHARGE, AND ACQUIT BLACKBELL AND ITS PAST, CURRENT, AND FUTURE MEMBERS, SHAREHOLDERS, EMPLOYEES, OFFICERS, DIRECTORS, SUBSIDIARIES, PARENT ENTITIES, ATTORNEYS, PRINCIPALS, TRUSTEES, REPRESENTATIVES, AGENTS, PARTNERS, AFFILIATES, PREDECESSORS, SUCCESSORS, OPERATING PARTNERSHIPS, GENERAL PARTNERS, INSURERS, REINSURERS, AND ASSIGNS FROM ANY AND ALL CLAIMS, SUITS, OBLIGATIONS, COSTS, DAMAGES, LOSSES, CLAIMS FOR SUMS OF MONEY, CONTRACTS, CONTROVERSIES, AGREEMENTS, JUDGMENTS, AND DEMANDS WHATSOEVER, RIGHTS, LIABILITIES, ACTIONS, AND CAUSES OF ACTION OF ANY NATURE, KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, AT LAW OR IN EQUITY, FIXED OR CONTINGENT, WHICH SUCH RELEASING PARTIES NOW HAVE OR MAY CLAIM TO HAVE IN THE FUTURE (COLLECTIVELY, “CLAIMS”) ARISING OUT OF, BASED UPON, ATTRIBUTABLE TO, OR IN CONNECTION WITH YOUR INTERACTION WITH VENDORS, ANY TRANSACTION WITH A VENDOR, AND YOUR EXPERIENCE AS A GUEST.