TERMS OF USE

THESE TERMS (“TERMS”) ARE A LEGAL CONTRACT BETWEEN YOU AND BB AND GOVERN YOUR ACCESS TO, AND USE OF, THE BB WEBSITE LOCATED AT HTTP://WWW.BOOKKEEPINGBUDS.COM AND ANY RELATED SITE, TOGETHER WITH THE SERVICES AVAILABLE THROUGH THIS SITE (THE "SITE"). IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, DO NOT ACCESS OR OTHERWISE USE THIS SITE OR ANY INFORMATION CONTAINED ON THIS SITE. PRIOR TO YOUR USE OF THIS SITE, YOU SHALL READ AND ACCEPT ALL OF THE TERMS AS WELL AS ANY OTHER POLICY OF THE SITE. THESE TERMS SHALL APPLY TO ALL USERS OF THIS SITE.YOUR USE OF THIS SITE SHALL BE DEEMED TO BE YOUR AGREEMENT TO ABIDE BY EACH OF THE TERMS SET FORTH BELOW. BB MAY MAKE CHANGES TO THE CONTENT AND SERVICES OFFERED ON THIS SITE AT ANY TIME. BB CAN CHANGE THESE TERMS AT ANY TIME BY POSTING UPDATED TERMS OF USE ON THIS SITE. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOU SHALL CEASE USING THIS SITE. IF YOU DO NOT CEASE USING THIS SITE, YOU WILL BE CONCLUSIVELY DEEMED TO HAVE ACCEPTED THE CHANGE. BB RESERVES THE RIGHT AT ANY TIME AND FROM TIME TO TIME TO MODIFY OR DISCONTINUE, TEMPORARILY OR PERMANENTLY, THE WEBSITE (OR ANY PART THEREOF) WITH OR WITHOUT NOTICE. BB SHALL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY MODIFICATION, SUSPENSION OR DISCONTINUANCE OF THE WEBSITE.

Definitions.
“Site” shall mean: any page contained within BookkeepingBuds.com or any affiliate Site.

“Terms” shall mean: this Terms of Use Policy along with any Site Rules, Privacy Policy and any other document incorporated herein including all changes, modification and/or updates.

“You” or “User” shall mean: the individual now registering as a user of the Site or the existing user of the Site e now agreeing to the Terms of Use Agreement, and the company or other business or governmental entity, if any, specified by you upon registration (any such entity, “your Company”). You and your Company, if any, shall be jointly and severally liable for any obligations under this Agreement.

Entering this Site shall constitute your acceptance of these Terms of Use.
By accessing, browsing, and/or using the Site and its content, You signify your acceptance of these of these Terms of Use, the Privacy Policy, any other Policy on this Site. Such acceptance shall be legally binding and have the same legal force and effect as if you had physically signed this Agreement. You agree to the admissibility of computer records and electronic evidence in any dispute under this Agreement.

Changes to Agreement. 
We reserve the right to change, at any time, at Our sole discretion, the Terms under which these Services are offered, and all other agreements and all amendments and modifications. You agree that to be bound by any changes to the Terms which includes, but is not limited to, posting any such changes at the Site without further notice to you. You are responsible for regularly reviewing these Terms. Your continued use of the Services constitutes your agreement to all such Terms, other document, or additional terms and conditions. This Agreement may not be amended by you other than in a writing signed by both parties, and for purposes of this sentence, “writing” does not include email, and “signature” does not include an electronic signature.

If You do not agree to any amendment, then You shall cease use of this Site no later than the effective date of the amendment.

Termination and Suspension. 
We may terminate your access to Our Site at any time without notice to you. If you violate any Terms of Use or other Site Policy your right to access this Site may automatically terminate. We may, in our sole discretion, terminate or suspend Your access to all or part of the Site services or products at any time, for any reason, including, without limitation, breach of any Site Policies.

We may, at any time:
(a) modify, suspend or terminate the operation of or access to any of part or the whole Site or Services, or any portion of the Site or Services, for any reason;
(b) modify or change the Site or Services, or any portion of the Site or Services, and any Terms of Use, Additional Terms and other Site Policies governing the use of the Site or Services, for any reason;
(c) interrupt the operation of the Site or Services, or any portion of the Site or Services, for any reason, all as We deem appropriate in Our sole discretion.

Your access to, and use of, the Site or Services may be terminated by You or by Us at any time and for any reason. You may terminate your account on this Site at any time by accessing your User Profile and following all Cancellation Policies. We will use reasonable efforts to notify you in advance about any material modification, suspension or termination that is not caused by your breach of the Terms.

The disclaimer of warranties, the limitation of liability and the jurisdiction and applicable law provisions shall survive any termination. The license grants mentioned herein shall continue in effect subject to the terms of the applicable license. Your warranties and indemnification obligations shall survive any termination for one year.

If we believe your actions may cause us or other users legal liability, harm, or loss, we reserve the right to notify other users of your actions.

Should you object to any of the terms of this Agreement or any subsequent modifications thereto or become dissatisfied with the Site and related services in any way, your only recourse is to immediately:
(1) discontinue use of the Site and services;
(2) terminate your membership; and
(3) notify us of termination.

Cancellation Policies.
At any such time, you may terminate this Agreement and your account through Your User Profile. Your account may be deemed inactive and closed if there is no activity on your account for one year. If your account is closed or terminated it will be marked inactive in our systems and Your user information or transaction history will remain a part of our records. You will still owe any fees owed to Us prior to cancellation of Your account. Any open listings may be terminated. Once an account is cancelled you will no longer have access to your account or any information it contains.

Limited License. 
BB grants you a limited, personal, non-exclusive and non-transferable license to use the services of this Site solely for your own personal or internal business use. Except for the license set forth in the preceding sentence above, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works, or reverse engineer, alter, enhance or in any way exploit any of the Materials in any manner. This limited license terminates automatically, without notice to you, if you breach any of these Terms. Upon termination of this limited license, you agree to immediately destroy any downloaded or printed Materials. Except as stated herein, you acknowledge that you have no right, title or interest in or to the BB Site and Materials.

Eligibility.
You may need to register for a password or create an account to use certain functions and areas within this Site. You may only create an account if you are above the age of 18 and have the capacity to form a legal and binding contract. You shall provide accurate and complete information in creating your account or providing your Communications. If you registered your Company, you represent that you have written or other sufficient corporate authority to form binding contracts under applicable law on behalf of your Company each time that you use the Site. You agree that you will not allow others to use your account, nor will you use your account or the Site on an outsourcing basis or on behalf of third parties.

You are responsible for maintaining the confidentiality of your password and account, and agree to notify BB if your password is lost, stolen, or disclosed to an unauthorized third party, or otherwise may have been compromised. You may change your password at any time. You are responsible for all activities that occur under your account. You agree to immediately notify BB of any unauthorized use of your account or any other breach of security in relation to this Site known to you.

Privacy Policy.
Your use of this Site is governed by the BB Privacy Policy, which is available here (the "Privacy Policy"). BB does not use your personal information to send you marketing emails without your explicit consent. BB also does not sell or rent your personal information to non-affiliated third parties for their marketing purposes without your explicit consent.

Accuracy, Completeness and Timeliness of Information.
We are not responsible for information made available on this Site by others. Information provided by third parties may be inaccurate, incomplete or not current. The material on this Site provided by Us or by Third Parties should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or timelier sources of information. Any reliance on any material on this Site is at your own risk.

You represent and warrant that You will use all reasonable effort to ensure that all personal information given to us and all information communicated to other users of the Site, whether in a Listing or a Posting, is true, accurate, up-to-date and not misleading.

Postings by Users. 
We are not responsible or liable for such content of any posting or listings by Users of this Site. We make no express or implied warranty about the accuracy, copyright compliance, legality, merchantability, or any other aspect of the content of such postings. The inclusion of links does not imply endorsement of the websites by Us or any association with their operators. You acknowledge that you are responsible for the information, documents, messages, comments, and other content or material that you submit, upload, post or otherwise make available on or through the Site (each a "Communication") through the services available in connection with this Site, and that you, and not Us, have full responsibility for each such Communication you make, including its legality, reliability, appropriateness, and trademark and copyright ownership. Unless otherwise explicitly stated herein or in Our Privacy Policy, you agree that any Communication that is a document provided by you in connection with this Site is provided on a non-proprietary and non-confidential basis and you agree that We are free to use such Communication for the purpose of providing You with the associated services and You grant Us a sub-licensable, nonexclusive, worldwide, royalty-free license to (in any media, whether now known or not currently known or invented) link to, utilize, use, publicly perform, publicly display, reproduce, distribute, modify and prepare derivative works of the Communication.

You further agree that you will not upload, post or otherwise make available on this Site any material protected by copyright, trade secret, trademark, or any other proprietary right without the express permission of the owner of such copyright, trademark, trade secret or other proprietary right owned by a third party, and the burden of determining whether any material is protected by any such right is on you. You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights, or any other harm resulting from any Communication that you make.

You represent and warrant that: the posting of your communications on or through this Site does not violate the privacy rights, publicity rights, trademark rights, copyrights, contract rights or any other rights of any person or entity. You agree to pay for all royalties, fees, damages and any other monies owing any person by reason of any Communications posted by you to or through this Site.

We have the right, but not the obligation, to monitor, edit, refuse to post, or remove any posting or listing from the Site, in our discretion. Monitoring of postings and listings by us is not intended to verify the accuracy of the information contained therein and should not be relied upon by you for any purpose.

Transactions. Additional terms and conditions may apply to purchases of goods or services and to specific portions or features of the Site, including contests, promotions or other similar features, all of which terms are made a part of these Terms of Use by this reference. You agree to abide by such other terms and conditions, including where applicable representing that you are of sufficient legal age to use or participate in such service or feature. If there is a conflict between these Terms of Use and the terms posted for or applicable to a specific portion of the Site or for any service offered on or through the Site, the latter terms shall control with respect to your use of that portion of the Site or the specific service.

BB’s obligations, if any, with regard to its products and services are governed solely by the agreements pursuant to which they are provided, and nothing on this Site should be construed to alter such agreements.

BB may make changes to any products or services offered on the Site, or to the applicable prices for any such products or services, at any time, without notice. The materials on the Site with respect to products and services may be out of date, and BB makes no commitment to update the materials on the Site with respect to such products and services.

Refund policy. You understand that ALL FEES PAID TO US ARE NON-REFUNDABLE.

Credit Cards and ACH Direct Payments. 
We use the payment method you specified when setting up your account. By listing a Stripe account or placing a credit card or ACH direct payment account on file with us you authorize us to charge You for any fees you accrue as a result of using the Site. You authorize us to consolidate balances from any duplicate accounts you may have created on our Site and bill them to your Stripe account, credit card or ACH direct payment account. You may revoke your authorization by sending us a written request to support@bookkeepingbuds.com. We may continue to bill your Stripe account, credit card or direct payment account for any fees for any services rendered or actions by you or by us taken prior to the receipt of your written revocation.

YOU HEREBY UNCONDITIONALLY WAIVE ANY AND ALL CHARGEBACK RIGHTS YOU MAY HAVE. If you have any question about a charge on your credit card, contact us as described in the Notices section below. If you deliberately or inadvertently issue a chargeback, your account will be terminated and you agree to pay a $50 processing and collection fee.

Past Due Accounts.
If Your account is past due, we reserve the right to void, suspend and/or terminate Your account. Accounts that are, or have been, past due will have their credit limit reduced to zero and past due balances will be subject to a late fee of 5% per month or the highest amount permitted by applicable law, whichever is lower. If you fail to pay the past due amounts, we may turn your account over to a collection agency and we reserve the right to pursue civil and criminal legal actions to the fullest extent allowed under the law. If your account is past due, you also must pay any and all collection costs (including collection agency fees, court costs and legal fees) we might incur in connection with your past due account.

All Users must:

  • Be legally allowed to use the Site,
  • Be over the age of 18,
  • Not be convicted of a felony or otherwise prevented by a court or law from the Site, and
  • Otherwise comply with all Legal Requirements governing this Site including consumer protection, unfair competition, anti-discrimination or false advertising.

Third Party Content. Certain information and other content may be provided by third party licensors and sponsors to BB ("Third Party Content"). The Third Party Content is, in each case, the copyrighted and/or trademarked work of the creator/licensor. You agree to only display the Third Party Content on your personal computer solely for your personal use. You acknowledge and agree that you have no right to download, cache, reproduce, modify, display (except as set forth in this paragraph), edit, alter or enhance any of the Third Party Content in any manner unless you have permission from the owner of the Third Party Content.

Links to Third Party Sites
This Site may be linked to other sites that are not BB sites. BB is providing these links to you only as a convenience, and BB is not responsible for such linked sites, including, without limitation, the content or links displayed on such sites.

Communications. You acknowledge that you are responsible for the information, documents, messages, comments, and other content or material that you submit, upload, post or otherwise make available on or through the Site (each a "Communication") through the services available in connection with this Site, and that you, and not BB, have full responsibility for each such Communication you make, including its legality, reliability, appropriateness, and trademark and copyright ownership. Unless otherwise explicitly stated herein or in the BB Privacy Policy, you agree that any Communication that is a document provided by you in connection with this Site is provided on a non-proprietary and non-confidential basis and you agree that BB is free to use such Communication for the purpose of providing you with the associated services and you grant BB a sub-licensable, nonexclusive, worldwide, royalty-free license to (in any media, whether now known or not currently known or invented) link to, utilize, use, publicly perform, publicly display, reproduce, distribute, modify and prepare derivative works of the Communication.

You further agree that you will not upload, post or otherwise make available on this Site any material protected by copyright, trade secret, trademark, or any other proprietary right without the express permission of the owner of such copyright, trademark, trade secret or other proprietary right owned by a third party, and the burden of determining whether any material is protected by any such right is on you. You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights, or any other harm resulting from any Communication that you make.

You represent and warrant that: the posting of your communications on or through this Site does not violate the privacy rights, publicity rights, trademark rights, copyrights, contract rights or any other rights of any person or entity. You agree to pay for all royalties, fees, damages and any other monies owing any person by reason of any communications posted by you to or through this Site.

When submitting Communications to or otherwise using this Site and/or the services, you agree not to, without limitation:

  • Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others,
  • Use racially, ethnically, or otherwise explicit, obscene or offensive language,
  • Post any libelous, defamatory, pornographic, sexually explicitly (actual or simulated), unlawful or plagiarized materials,
  • Discuss or incite illegal activity,
  • Post anything that exploits children or minors or that depicts cruelty to animals,
  • Post any copyrighted, patented, trademarked or trade secret materials without the express permission from the owner,
  • Post any content which a reasonable person would consider harassing, abusive, threatening, harmful, vulgar, profane, obscene, excessively violent, racially, ethnically or otherwise objectionable or offensive in any way,
  • Post any information of any minor without consent of the minor’s parent or guardian.
  • Breach a duty of confidentiality by which you are bound due to a contractual or fiduciary relationship such as inside information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements,
  • Disseminate any unsolicited or unauthorized advertising, promotional materials, 'junk mail', 'spam', 'chain letters', 'pyramid schemes', or any other form of such solicitation,
  • Use any robot, spider, scraper or other automated means to access the Site,
  • Collect or use any personal information from any user or submitter,
  • Take any action that imposes an unreasonable or disproportionately large load on our infrastructure,
  • Artificially inflate or alter the ratings available on this Site or alter any comments posted by others on this Site, or
  • Distribute viruses, Trojan horses, worms, time bombs, cancelbots or other similar harmful programming routines.

You may not, except with BB’s express advance authorization or in a specially designated area, use the Site to:

  • Upload, post, email or otherwise transmit the private information of third parties including, but not limited to, any telephone numbers, street addresses, last names, URLs or email addresses,
  • Engage in other commercial activities within BB,
  • Harm minors in any way,
  • Solicit personal information from anyone under 18,
  • Provide false or deceptive information,
  • Use BB content to engage in other commercial activities,
  • Delete, add or otherwise change other people’s entries or other Content when you have not been granted the privileges to do so, or
  • Allow usage by others in such a way as to violate BB’s Terms of Use

This list of prohibitions provides examples and is not complete or exclusive. BB reserves the right to:

  • terminate your access to your account, your ability to post to this Site (or the services), and
  • refuse, delete or remove any Communications with or without cause and with or without notice, for any reason or no reason, or for any action that BB determines is inappropriate or disruptive to this Site or to any other user of this Site and/or services.

BB may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required or at BB's discretion, BB will cooperate with law enforcement agencies in any investigation of alleged illegal activity on this Site or on the Internet. These prohibitions do not require BB to monitor, police or remove any Communications or other information submitted by you or any other user.

Indemnification. You agree to indemnify and hold BB and its officers, directors, employees, affiliates, agents, licensors, and business partners harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys' fees and costs of defense) BB or any other indemnified party suffers in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third party that your use of this Site or the use of this Site by any person using your user name and/or password (including without limitation, your participation in the posting areas or, your Communications) violates any applicable law or regulation, or the copyrights, trademark rights or other rights of any third party.

Proprietary Rights. “bookkeeping Buds”, “bookkeepingBuds.com” and any related logo(s) are trademarks of BB. Other trademarks, names and logos on this Site are the property of their respective owners.

Unless otherwise specified in these Terms, all information and screens appearing on this Site, including documents, services, site design, text, graphics, logos, images and icons, as well as the arrangement thereof, are the sole property of BB, Copyright 2016. All rights not expressly granted herein are reserved. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner or license.

BB provides content and services through this Site. Certain information, documents, products and services provided on and through this Site, including content, logos, graphics and images (together, the "Materials") are provided to you by BB and are the copyrighted and/or trademarked work of BB or BB's contributors.

Digital Millennium Copyright Act Notification Guidelines. It is our policy to respond to clear notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act. In addition, we will promptly terminate without notice the accounts of those determined by us to be "repeat infringers." If you are a copyright owner or an agent thereof, and you believe that any content hosted on our web site (www.bookkeepingbuds.com) infringes your copyrights, then you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing BB's Designated Copyright Agent with the following information in writing (please consult your legal counsel or see 17 U.S.C. Section 512(c)(3) to confirm these requirements):

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the BB web site are covered by a single notification, a representative list of such works at that site.
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit BB to locate the material. Providing URLs in the body of an email is the best way to help us locate content quickly.
  • Information reasonably sufficient to permit BB to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
  • A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
  • A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Please note that under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.

Counter-Notification.
If you have posted a file or document which is claimed to be an infringement under the DMCA, you may elect to send us a counter notice, to be effective it must be a written communication that includes the following (please consult your legal counsel or see 17 U.S.C. Section 512(g)(3) to confirm these requirements):

  • A physical or electronic signature of the subscriber.
  • Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
  • A statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
  • The subscriber’s name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of Federal District Court for the judicial district in which BB’s main offices are located and that the subscriber will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.

Please note that under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability.

Designated Copyright Agent
BB’s Designated Copyright Agent to receive notifications and counter-notifications of claimed infringement can be reached as follows: Attention: Copyright Agent, Bookkeeping Buds, ____________________, Illinois ______ or by email atsupport@bookkeepingbuds.com. For clarity, only DMCA notices should go to the BB Designated Copyright Agent. Other feedback and comments should go to support@bookkeepingbuds.com, requests for technical support to support@bookkeepingbuds.com and any other support should be directed to support@bookkeepingbuds.com. You acknowledge that if you fail to comply with all of the requirements of this section, your DMCA notice may not be valid.

Disclaimer of Warranties. 
YOUR USE OF THIS SITE AND/OR THE SERVICES IS AT YOUR OWN RISK. NEITHER THE MATERIALS, COMMUNICATIONS NOR THE THIRD PARTY CONTENT HAVE BEEN VERIFIED OR AUTHENTICATED IN WHOLE OR IN PART BY BB, AND THEY MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL OR OTHER ERRORS. BB DOES NOT WARRANT THE ACCURACY OR TIMELINESS OF THE MATERIALS, SUBMISSIONS OR THE THIRD PARTY CONTENT CONTAINED ON THIS SITE. BB HAS NO LIABILITY FOR ANY ERRORS OR OMISSIONS IN THE MATERIALS, SUBMISSIONS AND/OR THE THIRD PARTY CONTENT, WHETHER PROVIDED BY BB OR OUR LICENSORS.

YOUR USE OF THIS SITE AND/OR THE SERVICES IS AT YOUR OWN RISK. THE INFORMATION AND MATERIALS CONTAINED ON THIS SITE, INCLUDING TEXT, GRAPHICS, LINKS OR OTHER ITEMS ARE PROVIDED “AS IS” AND “AS AVAILABLE.” WE DO NOT WARRANT THE ADEQUACY, ACCURACY OR COMPLETENESS FO THIS INFORMATION AND MATERIALS AND EXPRESSLY DISCLAIM LIABILITY FOR ERRORS OR OMISSIONS IN SUCH INFORMATION AND MATERIALS. NO WARRANTY OF ANY KIND, IMPLIES, EXPRESS OR STATUTORY, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS, TITLE, MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE IS GIVEN IN CONJUNCTION WITH THE INFORMATION, MATERIALS, COMMUNICATIONS. THE THIRD PARTY CONTENT HAVE NOT BEEN VERIFIED OR AUTHENTICATED IN WHOLE OR IN PART BY BB, NOR ANY OF ITS AFFILIATES, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS (“BB PARTIES”), BB DOES NOT RECOMMEND OR ENDORSE ANY SPECIFIC DOCUMENTS, MATERIALS, SUBMISSIONS, THIRD PARTY CONTENT, OPINIONS, OR OTHER INFORMATION AVAILABLE ON OR THROUGH THIS SITE.

BB, FOR ITSELF AND ITS LICENSORS, MAKES NO EXPRESS, IMPLIED OR STATUTORY REPRESENTATIONS, WARRANTIES, OR GUARANTEES IN CONNECTION WITH THIS SITE, THE SERVICES, ANY MATERIALS, SUBMISSIONS OR THIRD PARTY CONTENT, RELATING TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THIS SITE, INCLUDING WITHOUT LIMITATION THE MATERIALS, THE THIRD PARTY CONTENT AND THE SUBMISSIONS OF OTHER USERS OF THIS SITE. UNLESS OTHERWISE EXPLICITLY STATED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THIS SITE, THE SERVICES, MATERIALS, THIRD PARTY CONTENT, SUBMISSIONS, AND ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THIS SITE IS PROVIDED TO YOU ON AN "AS IS," "AS AVAILABLE" AND "WHERE-IS" BASIS WITH NO WARRANTY OF IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS. BB DOES NOT PROVIDE ANY WARRANTIES AGAINST VIRUSES, SPYWARE OR MALWARE THAT MAY BE INSTALLED ON YOUR COMPUTER AND SHALL NOT BE LIABLE IF ANY DATA IS LOST, CORRUPTED OR UNABLE TO BE ACCESSED AT ANY TIME.

Limitation of Liability
BB PARTIES SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES RESULTING FROM THE USE OF, OR THE INABILITY TO USE THE SITE OR SERVICES, OR RELATED TO THE INFORMATION, CONTENT AND FUNCTIONS THEREOF, WHETHER GENERATED BY THE SITE, BY ANOTHER USER OR BY UNAUTHORIZED ACCESS TO THE SITE, YOUR DISPLAYING, COPYING, OR DOWNLOADING ANY MATERIALS, THIRD PARTY CONTENT OR SUBMISSIONS TO OR FROM THIS SITE. IN NO EVENT SHALL BB BE LIABLE TO YOU FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) HOWEVER ARISING, EVEN IF BB KNOWS THERE IS A POSSIBILITY OF SUCH DAMAGE.

SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF WARRANTIES OR EXCLUSION OF DAMAGES, SO SUCH DISCLAIMERS AND EXCLUSIONS MAY NOT APPLY TO YOU. TO THE FULLEST EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF THE INDEMNIFIED PARTIES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THIS AGREEMENT OR YOUR USE OF THE SITE SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU HAVE PAID TO US IN THE 12 MONTHS PRIOR TO THE EVENT GIVING RISE TO YOUR CLAIM OR (B) US $100.00. THIS LIMITATION SHALL NOT APPLY IN THE CASE OF WILLFUL OR INTENTIONAL MISCONDUCT.

Local Laws.
BB controls and operates this Site from its headquarters in the United States of America and the Materials, Communications and/or Third Party Content may not be appropriate or available for use in other locations. If you use this Site outside the United States of America, you are responsible for following applicable local laws.

International Users.
This Site is based in the United States. If you are an international User we do not warrant that it is appropriate to download, store or disclose information on the Site outside the United States. We make no representation that functions or information found at the Site are appropriate or available for use at other locations outside of the United States and access to them from territories where their contents are illegal is prohibited. You may not use the Site or export the information found on or at this Site in violation of U.S. or other export laws and regulations. If you access this Site from a location outside of the U.S., you are responsible for compliance with all laws applicable to you. Personal information that is submitted on this Site will be collected, processed, processed, stored, disclosed and disposed of in accordance with applicable U.S. law and our Privacy Policy. If you are an International User, you acknowledge and agree that We may collect and use your Information and disclose it to other entities outside your resident jurisdiction. In addition, such Information may be stored on servers located outside your resident jurisdiction. By providing us with your Information, you acknowledge that you consent to the transfer of such Information outside your resident jurisdiction. If you do not consent to such transfer, you may not use this Site.

This Agreement, all matters arising from or relating to your use of the Site, and any and all claims arising out of your relationship with the BB Parties shall be governed by and in accordance with the laws of the State of Illinois, excluding (i) its conflicts of laws provisions, (ii) the United Nations Convention on Contracts for the International Sale of Goods, and (iii) the 1974 Convention on the Limitation Period in the International Sale of Goods, as amended.

Dispute Resolution/Attorneys’ Fees. You agree that any claim or dispute that has arisen or may arise between You and BB must be resolved exclusively by a state or federal court located in the County of Will in the State of Illinois in the United States. You and BB agree to submit to the personal jurisdiction of the courts located in Will County, Illinois for the purpose of litigating all such claims or disputes. You expressly waive any objection that you may have now or in the future to the laying of venue or to the jurisdiction of any such court over You or Your activities on the Site.

BB reserves the right to institute proceedings in any jurisdiction in order to obtain interim or provisional relief pending resolution of a dispute or collect from you any monies due under this Agreement or under an award of the court described above.

You may not bring any action arising out of this User Agreement or your use of the Website or the Services, regardless of form or the basis of the claim, more than 1 year after the cause of action has arisen (or if multiple causes, from the date the first such cause arose). In the event that you bring an action in an improper forum or outside of the time limit in violation of this Section, BB shall be entitled to recover from you its reasonable attorney’s fees in responding to such action.

Enforceability. The provisions of this Agreement will be enforceable notwithstanding the existence of any claim or cause of action against BB whether predicated on this Agreement or otherwise. Nothing in this Agreement will be construed as prohibiting BB from pursuing any other remedies available to it for such unauthorized use or disclosure or from pursuing any remedies for any other breach or threatened breach of the Agreement, including the recovery of damages from the other party.

Reimbursement for Costs and Fees. In the event BB shall be forced to bring any legal action to protect or defend its rights hereunder and prevails, then BB shall be entitled to reimbursement from You of all fees, costs and other expenses (including, without limitation, the reasonable expenses of its or their attorneys) in bringing or defending against such action. If BB is successful in bringing such action and receiving a settlement or judgment and Client delays in paying such settlement or judgment then BB shall be entitled to an annual interest rate of 9% on the late payment or, if lower, the highest rate allowed by law.

Entire Agreement. This Agreement constitutes the entire understanding of the parties and supersedes all prior discussions, negotiations, agreements and understandings, whether oral or written, with respect to its subject matter.

Remedies Cumulative. The remedies under this Agreement are cumulative and shall not exclude any other remedies to which any person may be lawfully entitled.

Force Majeure. Force majeure as mentioned herein refers to war, fire, earthquake, flood and other manmade or natural disasters, acts of terrorism or any event which is unforeseeable and unavoidable when both parties sign this Agreement. Should BB be prevented from or delayed in performing all or part of its obligations under this Agreement owing to force majeure, it shall be exempt from the Liability for Breach of Contract arising there from, but it shall continue to perform this Agreement after the influence of force majeure is removed. If the influence of force majeure makes it impossible to perform this Agreement, BB may terminate this Agreement and negotiate for a resolution.

Modification. No change or modification of this Agreement shall be valid unless it is in writing and signed by all the parties who are bound by the terms of this Agreement.

Assignment Generally. You may not assign the rights, or delegate duties under this Agreement without advance written approval of BB.

Independent Covenants. The parties agree that each of the covenants contained herein shall be construed as independent of any other covenant or provision of this Agreement. If all or any portion of a covenant in this Agreement is held to be unreasonable or unenforceable by a court or agency having valid jurisdiction in a final decision to which BB is a party, You expressly agree to be bound by any lesser covenant subsumed within the terms of such covenant that imposes the maximum duty permitted by law, as if the resulting covenant was separately stated in and made a part thereof.

Severability. If any provision of this Agreement or the application of any such provision to any person or circumstance shall be held invalid, the remainder of this Agreement or the application of such provision to persons or circumstances other than those to which it is held invalid shall not be affected thereby.

Waiver. No failure or delay by BB in exercising any power, right or privilege provided in this Agreement will operate as a waiver, nor will any single or partial exercise of such rights, powers or privileges preclude any further exercise of them or the exercise of any other right, power or privilege provided in this Agreement.

Heirs and Assigns. This Agreement will inure to the benefit of and be binding upon the respective heirs, executors, administrators, successors and assigns, as the case may be, of BB.

Governing Law. This Agreement shall be governed by, and construed under, the laws of the State of Illinois, and controlling U.S. federal law without regard to any conflicts or laws or choice of laws principles that would require the application of the laws of any jurisdiction other than the State of Illinois, all rights and remedies being governed by said laws.

Notices. Except as explicitly stated otherwise, any notices you send to us shall be given by means of our electronic support system located at support@BB.com or by mail to BB, 3506 Park Avenue, Brookfield, Illinois 60513, or, in the case notices we send to you, to the email address or street address listed in your User Information in your account. Notice shall be deemed given 24 hours after an electronic message is sent, unless the sending party is notified that the message did not reach the recipient or, in the case of mailing, three (3) days after the date of mailing.

Headings. Headings in this Agreement are for convenience only and shall not be used to interpret or construe its provisions.

Counterparts. This Agreement may be executed in any number of counterparts and by different parties to this Agreement in separate counterparts, each of which when so executed shall be deemed to be an original and all of which taken together shall constitute one and the same Agreement.

Survival. The proprietary rights, disclaimer of warranties, representations made by you, indemnities, limitations of liability and general provisions shall survive any termination of these Terms.

Last Updated January 15, 2016


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