Terms of Service for Professionals

Dated:

These Terms of Service (the “Terms of Service“) govern the use of the mobile and internet-based services, business tools offered by BBforME, Inc. (the “Company,” “BBforME,” “we” or “us“) through the website BBforME.com (the “Website“) and through mobile applications (such services, applications and the Website are collectively referred to as the “Platform“). The Company’s Privacy Policy located at www.joinbbforme.com/privacy as well as any community guidelines or dispute resolution procedures that the Company may provide, are all considered part of these Terms of Service and are incorporated by reference into these Terms of Service in their entirety. Any reference to these Terms of Service shall include and mean a reference to all such incorporated policies.

PLEASE READ THESE TERMS OF SERVICE CAREFULLY. THIS IS A LEGAL AGREEMENT BETWEEN BBFORME AND YOU WHICH GOVERNS YOUR USE OF THE PLATFORM. YOUR USE OF THE PLATFORM CONSTITUTES YOUR ACCEPTANCE OF AND AGREEMENT TO ALL OF THE TERMS AND CONDITIONS IN THESE TERMS OF SERVICE AND YOUR REPRESENTATION THAT YOU ARE 18 YEARS OF AGE OR OLDER. IF YOU OBJECT TO ANYTHING IN THESE TERMS OF SERVICE YOU ARE NOT PERMITTED TO USE THE PLATFORM.

If you are accepting these Terms of Service and using the Platform on behalf of a company, organization, government, or other legal entity, you represent and warrant to the Company that you have full power and authority to do so.

The Platform is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. Unauthorized reproduction or distribution of the Platform, or any portion of them, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. They are licensed, not sold.

1. Fees and Payment

1.1 Fees

Fees for the Subscription (“Subscription Fees”) are set forth (a) herein, (b) online and/or (c) in a separately executed or accepted Subscription agreement between you and BBforME.

You agree to pay BBforME the Subscription Fees, and any other applicable fees as may be agreed to by you. All fees are non-refundable and non-transferable except for as expressly provided in these Terms of Service. Unless otherwise stated, fees must be paid in advance of each billing period.

Professional will have the choice to select a Monthly or Yearly Subscription Plan, and those Fees will be deducted from the Professional’s bank account associated with their BBforME account.

Each Professional authorizes us to confirm that the bank account associated with their Account and used in connection with the Services is and remains in good standing with a financial institution as long as the Professional is using the Services. Each Professional authorizes us to obtain credit reports or other background inquiries from time to time to assess the Professional’s eligibility to continue use of the Services. All balances and all fees, charges, and payments collected or paid through the Services are denominated in US dollars. Users of the Service will be liable for any taxes (required to be paid on the Services provided under the Agreement (other than taxes on the Company’s income).

1.2 Billing Cycle

Monthly – Your Monthly Subscription starts on the date that you sign up for a Monthly Subscription and submit payment. If you select a Monthly Subscription, each subscription cycle is one-month in length (“Monthly Subscription Period”), and will automatically renew on a monthly basis until we terminate the Monthly Subscription, or you notify us via the Services or by email to support@joinBBforME.com of your decision to terminate your current subscription. Unless otherwise communicated to you, you will be billed on the monthly anniversary of first submitting payment to us for your Monthly Subscription (e.g., if your Monthly Subscription begins on July 15th, it will renew on August 15th, September 15th, and so on). If your Monthly Subscription begins on a date that doesn’t occur every billing cycle (e.g., the 31st), you will be billed on the last day of every month. We reserve the right to change the timing of our billing. You acknowledge that the amount billed to you each month may vary due to promotional offers and/or adding or changing your subscription plan, and you authorize BBforME to charge you for these varying amounts as necessary. You acknowledge that the Fees will be deducted against any credits which may be owed and the net difference deposited into your bank account for that day.

Yearly – Your Yearly Subscription starts on the date that you sign up for a Yearly Subscription and submit payment. If you select a Yearly Subscription, each subscription is one-year in length (“Yearly Subscription Period”), and will automatically renew on a yearly basis until we terminate the Yearly Subscription, or you notify us via the Services or by email to support@joinBBforME.com of your decision to terminate your current subscription. Unless otherwise communicated to you, you will be billed on the yearly anniversary of first submitting payment to us for your Yearly Subscription (e.g., if your Yearly Subscription begins on July 15th, 2017, it will renew on July 16th, 2018). If your Subscription begins on a date that doesn’t occur every billing cycle (e.g., the 31st), you will be billed on the last day of that month. We reserve the right to change the timing of our billing. You acknowledge that the amount billed to you each may vary due to promotional offers and/or adding or changing your Yearly Subscription plan, and you authorize BBforME to charge you for these varying amounts as necessary. You acknowledge that the Fees will be deducted against any credits which may be owed and the net difference deposited into your bank account for that day.

1.3 Subscription Pricing

We reserve the right to adjust pricing for the Subscription Services at any time upon fourteen (14) days prior notice. Unless we expressly communicate otherwise, any price change to your membership will take effect on your next billing cycle. You must agree to the change in fees to continue to use the Services. To withdraw your consent, you will need to cancel your account by logging into your account and following the cancellation procedures there, or notifying us at support@joinBBforME.com.

1.4 Trials

BBforME may, from time to time, offer trial memberships which include free or discounted access to the Subscription during the designated trial period. Each trial membership will automatically convert to a regular monthly subscription unless cancelled no more than forty-eight (48) hours prior to the end of your trial period. To cancel your subscription, logon to your account and follow the cancellation procedures indicated there, or email support@joinBBforME.com.

1.5 Cancellation of your Subscription

You may terminate your Subscription at any time. If you cancel with more than forty-eight (48) hours’ notice prior to your next billing cycle, you will not be charged for the next month or year of the Subscription Service. If you have any questions about your individual billing cycle, please log onto your account to view your billing cycle details, or contact us at support@joinBBforME.com. You will not be eligible for a prorated refund or any portion of the Subscription Fees paid for the then-current monthly or yearly subscription cycle. Following cancellation, you will continue to have access to the Subscription Services through the end of your current billing cycle.

2. The BBforME Platform

BBforME is an online platform that connects Beauty, Fitness and Wellness professionals (yoga instructors, personal trainers, hairstylists, barbers, etc.), or other business entities (collectively or individually, “Professionals” or “you“) providing beauty, fitness and wellness services (“Services“) with clients seeking such services, whether or not you become a registered user of the Services (“Clients“). The Professionals and Clients are both users of the Platform provided by BBforME and are hereinafter referred to collectively as “Users.”

BBforME solely provides a platform for Professionals and Clients to connect and serves only as a medium to facilitate the provision of Services. BBforME does not provide or contract for Beauty, Fitness and Wellness Services, and Professionals and Clients contract independently for the provision of Services. Each Client is solely responsible for selecting the Professional, the Services to be provided and the location at which Services will be performed, whether on the premises of a Professional or at a site designated by the Client. Any decision by a Client to receive Services or by a Professional to provide Services is a decision made in such person’s sole discretion and at their own risk. All Users understand and acknowledge that (i) the Company does not conduct background checks on Clients and (ii) any provision of Services in a private location inherently increases the risks involved for both Clients, Professionals and any personnel of Professionals, as applicable. Each Professional must decide whether a Client is suited to such Professional’s services and should exercise caution and common sense to protect the personal safety and property of such Professional and its personnel, as applicable, just as they would when interacting with anyone you don’t know. NEITHER COMPANY NOR ITS AFFILIATES OR LICENSORS IS RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE PLATFORM BY RELEASE THE COMPANY AND ITS AFFILIATES OR LICENSORS FROM ANY LIABILITY RELATED THERETO. COMPANY AND ITS AFFILIATES AND LICENSORS WILL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH YOUR USE OF THE PLATFORM.

BBforME does not have control over the quality, suitability, reliability, timing, durability, legality, failure to provide, or any other aspect whatsoever of any Services provided by Professionals nor of the integrity, responsibility or any of the actions or omissions whatsoever of any Professionals or Clients. BBforME makes no representations or warranties whatsoever with respect to Services offered or provided by Professionals or requested by Clients through use of the Platform, whether in public, private, or offline interactions, or about the accreditation, registration or licensing of any Professional. You understand that BBforME does not routinely screen its Users, inquire into the background of its Users or attempt to verify information provided by any User. BBforME does not verify or confirm that any User is who they claim to be or is accurately representing themselves and does not verify or confirm any representations with respect to Services on the Platform. BBforME does not assume any responsibility for the accuracy or reliability of this information or any information provided through the Platform. Notwithstanding the foregoing, BBforME may, but is not obligated to, check the background and experience of Professionals via third-party background check services and first party interviews, including but not limited to a verification of identity and a comprehensive criminal background check and may terminate a Professional based on any information discovered during such background checks and first party interviews.

You agree and represent that you will honor the reservations made by Clients through the Platform, or will communicate with them in advance to resolve any scheduling conflicts to the Client’s and BBforME’s satisfaction.

BBforME cannot guarantee availability of the Platform to any User.

3. Accounts

3.1 Account Registration

By creating an account with BBforME (an “Account“), you are granted a right to use the Platform provided by BBforME subject to the restrictions set forth in these Terms of Service and any other restrictions stipulated to you by us in writing. Our registration process will ask you for information including your name and other personal and business information (including information regarding any licensing and registration applicable to you where you provide the Services). You must complete this and other processes to access any (future) funds that you accept through the Platform. In registering for an Account, you agree to provide true, accurate, current and complete information about yourself as prompted by the Platform’ registration process and as requested from time to time by BBforME (such information, “Registration Data“). You further agree that, in providing such Registration Data, you will not knowingly omit or misrepresent any material facts or information and that you will promptly enter corrected or updated Registration Data via the Platform, or otherwise advise us promptly in writing of any changes or updates to your Registration Data. You further consent and authorize us to verify your Registration Data as required for your use of and access to the Platform. We reserve the right to suspend or terminate the Account of any User who provides inaccurate, untrue, or incomplete information, or who fails to comply with the account registration requirements.

3.2 Account ID

Once you register for the Platform, you shall receive a unique user identification and password in connection with your Account (collectively referred to herein as “Account IDs“). You must use your or your business’ true and accurate name when signing up for an Account. You are required to select an appropriate and non-offensive Account ID. Ideally, the Account ID you choose will be a reasonably descriptive name that clearly identifies you or your business. This name will appear on your credit or debit card statement for all payments you accept using the Platform. We reserve the right to remove or reclaim any Account ID if we believe, in our sole discretion, the Account ID is inappropriate, offensive or confusing or potentially violates the rights of a third party (such as when a trademark owner provides notice that an Account ID is similar to the trademark and the Account ID does not closely relate to the User’s actual name or trademark rights).

3.3 Your Account

By creating an Account, you confirm that you are either a legal resident of the United States, a United States citizen, or a business entity authorized to conduct business by the state(s) in which you operate. The Platform and your Account may only be used for business purposes in the fifty states of the United States of America and the District of Columbia. You may not export the Platform directly or indirectly, and you acknowledge that the Platform may be subject to export restrictions imposed by US law, including US Export Administration Regulations (15 C.F.R. Chapter VII).

You agree to maintain your Account solely for your own use. You agree that you will not allow another person to use your Account IDs to access or use the Platform under any circumstances. You are solely and entirely responsible for maintaining the confidentiality of your Account IDs and for any charges, damages, liabilities or losses incurred or suffered as a result of your failure to do so. We are not liable for any harm caused by or related to the theft of your Account IDs, your disclosure of your Account IDs, or your authorization to allow another person to access or use the Platform using your Account IDs. Furthermore, you are solely and entirely responsible for any and all activities that occur under your Account including any charges incurred relating to the Platform. You agree to immediately notify us of any unauthorized use of your Account or any other breach of security known to you. You acknowledge that the complete privacy of your data and messages transmitted while using the Platform cannot be guaranteed.

3.4 Linking Your Account

As part of the functionality of the Platform, you may link your Account with online accounts you may have with third party service providers (each such account, a “Third Party Account“) by either: (i) providing your Third-Party Account login information through the Platform; or (ii) allowing BBforME 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 BBforME and/or grant BBforME 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 BBforME to pay any fees or making BBforME subject to any usage limitations imposed by such third-party service providers. By granting BBforME access to any Third Party Accounts, you understand that (i) BBforME 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 Platform via your Account, including without limitation any friend lists, and (ii) BBforME may submit and receive additional information to your Third Party Account to the extent you are notified 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 Content (as defined below) for all purposes of these Terms of Service. 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 post to your Third-Party Accounts may be available on and through your Account on the Platform. Please note that if a Third-Party Account or associated service becomes unavailable or BBforME’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 Platform. You will have the ability to disable the connection between your Account and your Third-Party Accounts at any time. 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. BBforME makes no effort to review any SNS Content for any purpose, including but not limited to, for accuracy, legality or non-infringement, and BBforME is not responsible for any SNS Content.

You acknowledge and agree that the Platform may access your e-mail address book associated with a Third-Party Account and your contacts list stored on your mobile device or tablet computer solely for the purposes of identifying and informing you of those contacts who have also registered to use the Platform. At your request made via e-mail to info@joinBBforME.com, BBforME will deactivate the connection between the BBforME Platform and your Third-Party Account any information stored on BBforME’s servers that was obtained through such Third-Party Account will be hidden, except the username and profile picture associated with your Account.

The Platform may contain links to third party websites that are not owned or controlled by BBforME. BBforME has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites. In addition, BBforME will not and cannot censor or edit the content of any third-party site. By using the Platform, you expressly relieve BBforME from any and all liability arising from your use of any third-party website.

4. Termination of Accounts

4.1 Right to Terminate

BBforME reserves the right, in its sole discretion, to terminate your Account, without Notice, if you violate these Terms of Service, or for any reason or no reason at any time. We may also suspend your access to the Platform and your Account (including the funds in your Account) if you (a) have violated the terms of these Terms of Service, any other agreement you have with BBforME, or BBforME’s policies, (b) pose an unacceptable credit or fraud risk to us, (c) provide any false, incomplete, inaccurate, or misleading information or otherwise engage in fraudulent or illegal conduct or (iv) for any other reason in BBforME’s sole discretion.

You may terminate these Terms of Service by terminating your Account at any time. Upon closure of an Account, any pending transactions will be cancelled.

4.2 Termination Effects

If your Account is terminated or suspended for any reason or no reason, you agree: (a) to continue to be bound by these Terms of Service, (b) to immediately stop using the Platform, (c) that any licenses grant to you under these Terms of Service shall end, (d) that we reserve the right (but have no obligation) to hide or delete all of your information and account data stored on our servers, and (e) that BBforME shall not be liable to you or any third party for termination or suspension of access to the Platform or for deletion or hiding of your information or account data. You agree that BBforME may retain and use your information and account data as needed to comply with investigations and applicable law.

We will not be liable to you for compensation, reimbursement, or damages in connection with your use of the Platform, or in connection with any termination or suspension of the Platform. Any termination of these Terms of Service does not relieve you of any obligations to pay any Fees or costs accrued prior to the termination and any other amounts owed by you to us as provided in these Terms of Service.

5. Professional Accounts (including prohibited businesses and activities)

  • Professionals may use the Platform to offer Beauty, Fitness and Wellness Services only through their business and we reserve approval authority as to the implementation and use of the Platform on the Professional Site. We may suspend the Platform in the event we find any implementation issues with the Professional Site. Such suspension shall remain in effect until the Professional corrects any issues specified by BBforME and a suspension shall not relieve a Professional of its payment obligations under these Terms of Service.
  • By creating an Account as a Professional, you certify that you are, or if you are a salon, merchant or other business entity, all of your employees, independent contractors or agents who are providing the Beauty, Fitness and Wellness Services each are, a licensed professional and that your business information is correctly represented on BBforME. BBforME reserves the right to remove or hide any incorrect, out of date, or illegal information from profiles, as well as remove or hide the entire profile itself.
    • By creating an Account as a Professional, you confirm that you will not accept payments from or in connection with the following businesses or business activities:

      (1) selling goods or services that represent a violation of any law, statue or regulation, (2) buyers or membership clubs, including dues associated with such clubs, (3) credit counseling or credit repair agencies, (4) credit protection or identity theft protection services, (5) direct marketing or subscription offers or services, (6) infomercial sales, (7) internet/mail order/telephone order pharmacies or pharmacy referral services (where fulfillment of medication is performed with an internet or telephone consultation, absent a physical visit with a physician including re-importation of pharmaceuticals from foreign countries), (8) unauthorized multi-level marketing businesses, (9) inbound or outbound telemarketers, (10) prepaid phone cards or phone services, (11) rebate based businesses, (12) up-sell merchants, (13) bill payment services, (14) betting, including lottery tickets, casino gaming chips, off-track betting, and wagers at races, (15) manual or automated cash disbursements, (16) prepaid cards, checks, or other financial merchandise or services, (17) sales of money-orders or foreign currency, (18) wire transfer money orders, (19) high-risk products and services, including telemarketing sales, (20) service station merchants, (21) automated fuel dispensers, (22) adult entertainment and/or adult content websites including Electronic Commerce adult content (videotext) merchants that may include MCCs 5967, 7273 and 7841, (23) sales of (i) firearms, firearm parts or hardware, and ammunition; or (ii) weapons and other devices designed to cause physical injury (24) internet/mail order/telephone order cigarette or tobacco sales, (25) drug paraphernalia, (26) occult materials, (27) hate or harmful products, (28) escort services, (29) bankruptcy attorneys or collection agencies engaged in the collection of debt, (30) any product, service or activity that is deceptive, unfair, predatory or prohibited by one or more Card Brands, (31) any operations outside the United States, (32) any sales for payment that resulted from another commercial entity providing goods or services to the cardholder, including those businesses that may otherwise qualify themselves as a Payment Service Company or Payment Facilitator, (33) any selling of products that infringe on the intellectual property rights of others, including counterfeit goods or any product or service that infringes on the copyright, trademark or trade secrets of any third party, such as many Cyberlockers, (34) any acceptance of a card as payment for a dishonored check or for an item deemed uncollectible by another merchant, (35) any acceptance of a card at a scrip-dispensing terminal, (36) airlines including charter airlines, (37) bestiality, (38) bidding Fee Auctions including Penny Auction, (39) brand or reputational damaging, potential or otherwise, activities including child pornography, escort services, mail order brides, occult, (40) collection agencies, (41) commodity trading or security trading, (42)) credit counseling or credit repair services, (43) Credit Protection or Identity Theft Protection Service, (44) cruise lines, (45) Currency Exchanges or Dealers, (46) Debt Elimination, Debt Reduction or Debt Consulting Services, (47) Digital Wallet or Prepaid Companies, (48) Direct Marketing: Continuity or Subscription services or merchants including MCC 5968 and 5969, (49) Direct Marketing-Travel Related Arrangement Services including MCC 5962 (50) Direct Marketing-Inbound Telemarketing including videotext services and MCC 5967, (51) Discount Buying Memberships/Clubs, (52) Discount Medical or Dental plans including Discount Insurance, (53) Discount Coupon Merchants or Online Sites, (54) Distressed Property Sales and/or Marketing, (55) Drug Paraphernalia, (56) e-Cigarettes and “Vape” supplies and accessories, (57) Firearms and weapons including Ammunition, Silencers and Suppressors, (58) Gambling Activities and Establishments including MCC 7995, lotteries, internet gaming, daily fantasy sports, contests, sweepstakes, “special incentives,” or offering of prizes as an inducement to purchase goods or services, (59) High interest rate non-bank consumer lending including, but not limited to, payday lending and title loans, (60) Infomercial merchants, (61) Internet/Mail Order Pharmacies, (62) Investment or “get rich quick” merchants, businesses or programs, (63) Loan payments conducted on a Visa-branded credit card, (64) Marijuana dispensaries and related products or services, (65) Money Transfer, Wire Transfers, Money Orders, Transmitters, and Check Cashing including merchants required to be registered as Money Service Business, (66) Multi-Level Marketing Businesses, (67) “Negative option” marketing, renewal, or continuity subscription practices; marketing activities involving low-dollar trails, “pay only for shipping,” and/or “free trial” periods after which a credit card is charged periodically and/or a significantly larger amount, (68) Outbound Telemarketers and Telecom merchants including MCCs 4814, 4816, and 5966, (69) Pawn Shops, (70) Pawn Shops, (71) Payment Facilitators, (72) Prepaid Phone Cards, (73) Pseudo Pharmaceuticals, (74) Psychics and “occult” businesses, (75) Quasi-Cash or Stored Value, (76) Real Estate Flipping, (77) Rebate-Based Businesses, (78) Sale of Mobile Minutes, (79) Selling or Sales of Social Media Activity, (80) Sports Forecasting or Odds Making, (81) Substances designed to mimic illegal drugs, (82) Timeshares, including resale’s and related marketing, (83) Transacting Virtual Currency or credits that can be monetized, re-sold or converted to physical or digital goods or services or otherwise exit the virtual world, (84) Age Restricted Products or Services, (85) Bail Bond Services or Bankruptcy Lawyers, (86) Career Placement or Advice Center, (87) Crowd Sourced Fundraising, as defined by Vantiv from time to time, except however, Crowd Sourced Fundraising shall not be allowed for the purchase of stock or equity, a promise made to deliver a good or service in the future, or there is any consideration in return for the payment or donation, (88) Dating Services, (89) Delayed Delivery, goods not shipped, delivered or fulfilled when the card transaction is processed but is to occur at a future date, (90) Online Personal Computer Technical Support, (91) Personal Enhancement Products and/or Nutraceuticals, (92) Shipping or Forwarding Brokers, (93) Travel Agencies or Tour Operators

6. Payment Processing Services

6.1 BBforME’s Role

The Services allow Clients to pay and Professionals to accept payments, including Card-based payments initiated with Cards bearing the trademarks of MasterCard International Inc. and Visa Inc. (collectively, the “Networks”). We are not a bank and we do not offer banking services as defined by the United States Department of Treasury. BBforME facilitates the processing of payments Professionals receive from Clients. This means that we collect, analyze and relay information generated in connection with these payments. The Underwriting and High Risk Policies are set forth herein.

6.2 Authorization

Professionals authorize us to hold, receive, and disburse funds on your behalf. Your authorization permits us to generate a paper draft or an electronic funds transfer to process each payment transaction that you authorize. Your authorizations will remain in full force and effect until your Account is closed or terminated.

6.3 Card Processor

Users will be required to provide their credit card or bank account details to the Company and the Card Processor retained by BBforME. As a condition of BBforME enabling payment processing services through the Card Processor, you agree to provide BBforME accurate and complete information about you and your business, and you authorize BBforME to share it and transaction information related to your use of the Services.

Company reserves the right, in its sole discretion (but not the obligation), to (i) place on hold any payments from the Client for Services and out of pocket expenses, or (ii) refund, provide credits or arrange for the PSP to do so.

6.4 Unauthorized or Illegal Use

We may decide not to authorize or settle any transaction that you submit to us if we believe in our sole discretion that the transaction is in violation of these Terms of Service or any other BBforME agreement, or that it exposes Professionals, other BBforME Users, the PSP or BBforME to harm. Harm includes fraud and other criminal acts as determined by BBforME in our sole discretion. If we reasonably suspect that your Account has been used for an unauthorized, illegal, or criminal purpose, you give us express authorization to share information about you, your Account, and any of your transactions with law enforcement.

6.5 Accepted Cards

BBforME works with any US-issued and most non-US issued credit, debit, prepaid, or gift cards (“Cards”) with a Visa, MasterCard, or Discover logo. We may remove or add Cards that we accept at any time without prior notice. We will generally only process Cards that receive an authorization from the applicable Network and Card issuer. You understand that there may be times when the Client may not be the authorized user of the Card or that such Client may otherwise contest the transaction through the Chargeback process (described below). You agree to comply with the Chargeback process and to liability associated with such Chargebacks.

6.6 Network Rules that Apply

The Networks require that you and BBforME comply with all applicable bylaws, rules, and regulations (“Network Rules”). The Networks amend their rules and regulations from time to time. BBforME may be required to change these Terms of Service in connection with amendments to the Network Rules. Significant portions of the Network Rules are available to the public at www.visa.com and www.mastercard.com. Network Rules currently prohibit you from dispensing cash on any Card transaction. The Rules also restrict your ability to assess a surcharge or split a single transaction in to multiple transactions except in certain limited situations. Your use of Network logos is governed by the Rules; you agree to familiarize yourself with and to comply with these requirements.

6.7 Access to Account Funds

Subject to the payout schedule identified below, we will deposit amounts received by us for transactions you submit through the Services (less any applicable Fees) to your verified bank account.

In the event the bank account you link to your Account is incorrect and BBforME is not able to debit or credit the bank account, the bank account will be de-linked from your Account. In the event that you do not have an ACH-enabled bank account linked to your Account, you may request a physical check. Check requests may be subject to a processing fee and an identity verification process. It is your obligation to request a check or otherwise link an ACH-enabled bank account to your Account in order to receive your funds.

Funds for any given transaction will not be deposited until the transaction is deemed complete. Transactions will be deemed complete when we have received or sent the funds and when we or the designated financial institutions have accepted the transaction or funds.

6.8 Schedule of Payouts

Once you validate your US bank account, and have ten dollars or more in your Account, BBforME will automatically initiate a payout to your bank account at the end of every business day when you have more than ten dollars in your account. Payouts to your bank account for payments received before 4pm Pacific Time will usually fund within 2-3 business days.

6.9 Availability of Funds

Should BBforME need to conduct an investigation or resolve any pending dispute related to your Account, we may defer payout or restrict access to your funds for the entire time it takes for us to do so. We also may defer payout or restrict access to your funds as necessary to comply with applicable law or court order, or if otherwise requested by law enforcement or governmental entity.

6.10 Taxes

You are responsible for determining any and all taxes assessed, incurred, or required to be collected, paid, or withheld for any reason in connection your use of our software and services (“Taxes”). You also are solely responsible for collecting, withholding, reporting, and remitting correct Taxes to the appropriate tax authority. We are not obligated to, nor will we determine whether Taxes apply, or calculate, collect, report, or remit any Taxes to any tax authority arising from any transaction. BBforME specifically disclaims any liability for Taxes.

If in a given calendar year, you receive (i) more than $600 in gross amount of payments, BBforME will report annually to the Internal Revenue Service (“IRS”), as required by law, your name, address, Tax Identification Number (such as a Social Security Number (SSN), or Employer Identification Number (EIN)), the total dollar amount of the payments you receive in a calendar year, and the total dollar amount of the payments you receive for each month in a calendar year. Whether you reach $600 in payments will be determined by looking at the SSN/EIN associated with your Account.

6.11 Customer Care

Each Professional, as a separate entity from BBforME, is solely responsible for all customer service issues relating to such Professional’s goods or services, including without limitation, any Services, pricing, order fulfillment, order or appointment cancellation, returns, refunds and adjustments, rebates, functionality and warranty, and feedback concerning experiences with such Professional, any personnel, their policies or processes. In performing customer service, Professionals must present themselves as a separate entity from BBforME.

6.12 Refunds and Returns

By accepting payment Card transactions with BBforME, you agree to process returns of, and provide refunds and adjustments for, your services through your Account in accordance with these Terms of Service and Network Rules. Network Rules require that you will (a) maintain a fair return, cancellation or adjustment policy; (b) disclose your return or cancellation policy to Clients at the time of purchase, (c) not give cash refunds to a Client in connection with a Card sale, unless required by law, and (d) not accept cash or any other item of value for preparing a Card sale refund. The amount of the refund/adjustment must include any associated taxes required to be refunded and cannot exceed the amount shown as the total on the original sales data except by the exact amount required to reimburse the Client. If you accept refunds and are making an uneven exchange of services (e.g., the sales price is not the same), you must issue a credit for the total amount of the service being returned and complete a new sale for any new service. Please be aware, if your refund policy prohibits refunds or is unsatisfactory to the Client, you may still receive a Chargeback relating to such sales.

You can process a refund through your Account up to sixty (60) days from the day you accepted the payment. If your available bank account payments’ credits (due you) are insufficient to cover the refund, BBforME will request your authorization to withdraw up to the requested refund amount from your bank account. BBforME will then withdraw the amount you were paid (the sale amount minus the initial transaction fee) from your bank account, and credit it back into your Client’s Card. The Fees are also refunded by BBforME, so the full purchase amount is always returned to your Client. BBforME has no obligation to accept any refunds of any of your services on your behalf.

6.13 Liability for Chargebacks and Fraudulent Actions

The amount of a transaction may be reversed or charged back to your Account (a “Chargeback”) if the transaction (a) is disputed, (b) is reversed for any reason by the Network, our processor, or a Client or our financial institution, (c) was not authorized or we have any reason to believe that the transaction was not authorized, (d) is allegedly unlawful, suspicious, or in violation of the terms of these Terms of Service.

BBforME is not liable for any losses relating to Chargebacks, fraudulent charges, or other actions by any User that are deceptive, fraudulent or otherwise invalid as determined in BBforME’s sole discretion (“Fraudulent Actions”). By using the Services, you hereby release BBforME from any liability arising from Fraudulent Actions. You will also use best efforts to promptly notify BBforME of any Fraudulent Actions which may affect the Services. BBforME reserves the right, in its sole discretion, to terminate the account of any User that engages in, or enables any other User to engage in, Fraudulent Actions.

6.13.1 BBforME Collection Rights for Chargebacks

For any transaction that results in a Chargeback, we may withhold the Chargeback amount in a Reserve. We may debit the amount of any Chargeback and any associated Fees, fines, or penalties listed in the Fee Schedule or assessed by the Association or our processor from your Account (including without limitation any Reserve), any proceeds due to you, your bank account, or other payment instrument registered with us. If you have pending Chargebacks, we may delay payouts from your Account. Further, if we reasonably believe that a Chargeback is likely with respect to any transaction, we may withhold the amount of the potential Chargeback from payments otherwise due to you under these Terms of Service until such time that: (a) a Chargeback is assessed due to a Client’s complaint, in which case we will retain the funds; (b) the period of time under applicable law or regulation by which the Client may dispute that the transaction has expired; or (c) we determine that a Chargeback on the transaction will not occur. If we are unable to recover funds related to a Chargeback for which you are liable, you will pay us the full amount of the Chargeback immediately upon demand. You agree to pay all costs and expenses, including without limitation attorneys’ fees and other legal expenses, incurred by or on behalf of us in connection with the collection of all Account deficit balances unpaid by you.

6.13.2 Excessive Chargebacks

If we determine that you are incurring an excessive amount of Chargebacks, we may establish controls or conditions governing your Account, including without limitation, by (a) establishing new processing fees, (b) creating a Reserve in an amount reasonably determined by us to cover anticipated Chargebacks and related fees, (c) delaying payouts, and (d) terminating or suspending the Services.

6.13.3 Contesting Chargebacks

You agree to assist us when requested, at your expense, to investigate any of your transactions processed through the Services. To that end, you permit us to share information about a Chargeback with the Client, the Client’s financial institution, and your financial institution in order to investigate and/or mediate a Chargeback. We will request necessary information from you to contest the Chargeback. If the Chargeback is contested successfully, we will release the reserved funds to your Account. If a Chargeback dispute is not resolved in your favor by the Network or issuing bank or you choose not to contest the Chargeback, we may recover the Chargeback amount and any associated fees as described in these Terms of Service. You acknowledge that your failure to assist us in a timely manner when investigating a transaction, including providing necessary documentation within fifteen (15) days of our request, may result in an irreversible Chargeback. We reserve the right, upon notice to you, to charge a fee for mediating and/or investigating Chargeback disputes.

7. BBforME Set-off Rights

You grant us a security interest in, as well as a right of setoff against, and hereby assign, convey, deliver, pledge and transfer to us, as security for repayment of any obligations due under these Terms of Service, all of your right, title, and interest in and to all of your accounts with us. However, this grant will not apply to any accounts for which the grant of a security interest would be prohibited by law. You authorize us, without prior notice to you and irrespective of (i) whether we have made demand under these Terms of Service or any other related agreements; and (ii) whether the obligation is contingent, matured or unmatured, to the extent permitted by law, to collect, charge, and/or setoff all sums owing on the indebtedness against any and all such accounts and other obligations, and our option, to administratively freeze or direct any third party bank holding the account to freeze all such accounts to allow us to protect our security interest, collection, charge and setoff rights as provided for in this section.

To the extent permitted by law, we may set off against the balances for any obligation you owe us under these Terms of Service, including without limitation any Chargebacks. All Fees are charged at the time we process a transaction and are deducted first from the transferred or collected funds and thereafter from the balance in your Account. If you owe us an amount that exceeds your balance, we may charge or debit a payment instrument registered in your Account or any connected Account (as well as set off against any balance in any connected Account). Your failure to fully pay amounts that you owe us on demand will be a breach of these Terms of Service. You will be liable for our costs associated with collection in addition to the amount owed, including without limitation attorneys’ fees and expenses, collection agency fees, and any applicable interest.

8. Inactive Accounts

If there is no activity in your Account (including access or payment transactions) for at least two years, consecutively, and you have a balance, we will notify you by sending an email to the email address associated with your Account and give you the option of keeping your Account open and maintaining the balance, withdrawing the balance, or requesting a check. If you do not respond to our notice within thirty days, we will automatically close your Account and escheat your funds in accordance with applicable law, and if permitted, to BBforME.

9. Processing Errors

We will attempt to rectify processing errors that we discover. If the error resulted in your receipt of less than the amount to which you were entitled, BBforME will credit your Account for the difference. If the error results in your receipt of more than the amount to which you were entitled, BBforME will debit the extra funds from your Account. BBforME will only correct transactions that you process incorrectly if and when you notify us of such an error. Your failure to notify us of a processing error within thirty days of when it first appears on your electronic transaction history will be deemed a waiver of any right to amounts owed to you.

10. Professional’s Loyalty Programs

Professionals may offer loyalty programs to Clients. If a Professional offers such a loyalty program, the Professional (and not BBforME) is responsible for ensuring that its program and any associated rewards are compliant with applicable federal and state laws, including laws governing prepaid cards and special offers such as rebates and coupons. Professionals agree to make available to Clients any terms and conditions applicable to such Professional’s loyalty program.

11. Use Of Platform; Limitations And Changes To The Platform

We may change, modify, suspend, or discontinue all or any part of the Platform at any time, with or without reason. You acknowledge that the operation of the Platform may from time to time encounter technical or other problems and may not necessarily continue uninterrupted or without technical or other errors and BBforME shall not be responsible to you or others for any such interruptions, errors or problems or an outright discontinuance of the Platform. BBforME has no obligation to maintain or update the Platform or to continue producing or releasing new versions of the Platform.

We will make reasonable efforts to keep the Platform operational 24 hours a day/7 days a week, except for: (i) planned downtime (of which we will endeavor to provide at least 8 hours’ prior notice); or (ii) any unavailability caused by circumstances beyond our control, including but not limited to, acts of God, acts of government, flood, fire, earthquakes, civil unrest, acts of terror, strikes or other labor problems or Internet service provider failures or delays.

As a User of the Platform, you agree to follow all applicable rules and laws and take full responsibility for any promotion you offer via the Platform.

When you publish content or information using the “public” setting, it means that everyone, including people outside of the BBforME community, will have access to that information and we may not have control over what they do with it.

We always appreciate your feedback or other suggestions about BBforME, but you understand that we may use them and you hereby grant us all rights to such suggestions without any obligation to compensate you for them (just as you have no obligation to offer them).

We do our best to keep BBforME safe and spam free, but can’t guarantee it. In order to help us do so, you agree not to:

  • send or otherwise post unauthorized commercial communications (such as spam) on the Platform.
  • collect Users’ content or information, or otherwise access the Platform, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our permission.
  • engage in unlawful multi-level marketing, such as a pyramid scheme, on the Platform.
  • upload viruses or other malicious code.
  • solicit login information or Account IDs or access an account belonging to someone else.
  • bully, intimidate, or harass any User.
  • post content that is hateful, threatening, pornographic, or that contains nudity or graphic or gratuitous violence.
  • develop, advertise or otherwise market alcohol-related or other mature content.
  • use BBforME to do anything unlawful, misleading, malicious, or discriminatory.
  • do anything that could disable, overburden, or impair the proper working of BBforME or the Platform, such as a denial of service attack.
  • facilitate or encourage any violations of these Terms of Service.

To make sure we are able to provide a service to our Users and customers, we need to make sure our pages are accurate and up-to-date. To help us do so, you agree to:

  • keep your Registration Data and contact information accurate and up-to-date.
  • keep your Account IDs and Account information confidential and to not share your login information or Account IDs, let anyone else access your Account, or do anything else that might jeopardize the security of your Account.

12. Proprietary Rights

The Platform contains content and technology of the Company that is protected by copyright, trademark, patent, trade secret and other laws. The Company owns intellectual property rights to any protectable part of the Platform, including but not limited to the design, artwork, logos, functionality, and documentation (collectively, the “Company Property“). You may not copy, modify, or reverse engineer any part of the Platform or the Company Property.

In order to operate the Platform, the Company needs to make certain use of your publicly posted Content. Therefore, by posting, uploading or submitting to BBforME, or making available for inclusion in publicly accessible areas of BBforME, any text, images, photos, graphics, audio or video, including any content protected by intellectual property rights (collectively, “Content“), you represent that you have full authorization to do so. You also hereby grant BBforME a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use, distribute, reproduce, modify, adapt, publicly perform, publicly display and make derivative works of such Content in connection with the Platform and any services or products affiliated with the Platform, regardless of the form of media used or of whether such services or products now exist or are developed in the future. This license exists only for as long as you elect to continue to include such Content on BBforME and will terminate at the time such Content is removed from the Platform by you or by BBforME; provided that the license will not terminate and will continue notwithstanding any removal of the Content or termination of your use of the Platform to the extent, BBforME needs to use such Content in connection with any investigation or compliance with any laws.

You agree to not post any images containing written text or text overlays. Images may not have symbols or text-images anywhere in the photo, including but not limited to shapes, logos, or emoticons, etc.… BBforME reserves the right to remove or hide or change any images without notice.

When you delete Content, it is deleted in a manner similar to emptying the recycle bin on a computer. However, you understand that removed Content may persist in backup copies for a reasonable period of time (but will not be available to others).

Subject to the terms and conditions hereof, Company hereby grants each Professional a limited, revocable, non-sublicensable license to display the logos, trademarks or other design marks of the Company that were provided by the Company to Professional for use solely in connection with your use of the Platform, promotion of Beauty, Fitness and Wellness Services offered via the Platform or other uses expressly permitted by the Company in writing. Notwithstanding such permitted uses and license, you acknowledge that all derivative designs and artwork which utilize the Company’s logo or other Company Property (collectively, “Derivative Works“) are the sole property of the Company. No other rights are granted to you with respect to the Company Property other than those rights granted explicitly herein, including with respect to any Derivative Works.

Any Content posted by a User belongs to the person that posted such Content. You may use any Content posted by you in any way without restriction. You may only use Content posted by others in the ways described in these Terms of Service.

The Company reserves the right to remove or hide any Content from the Platform, at its sole discretion, without any Notice to the User.

The Company respects the intellectual property of others. It may, in appropriate circumstances and at its discretion, disable and/or terminate the Accounts of Users who the Company, in its determination, believes have repeatedly infringed others’ rights. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please email the following information to info@joinBBforME.com:

  • an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
  • a description of the copyrighted work or other intellectual property that you claim has been infringed;
  • description of where the material that you claim is infringing is located on the site, including a URL link;
  • your address, telephone number, and email address;
  • a statement by you that you have a good faith belief that the disputed use is not authorized or consented to by the copyright owner, its agent, or the law; and
  • a statement by you, made under penalty of perjury, that the above information in your notice is completely accurate and that you are the copyright or intellectual property owner or are authorized to act on the copyright or intellectual property owner’s behalf.

The Company reserves the right to send Clients a newsletter from time to time if they opt-in to receiving one. This communication will be highly targeted based on how each Client uses BBforME and will be designed to inform Clients of how to get more value from the Platform.

As part of the Platform, the Company offers Professionals the option to send SMS and email messages to their Clients for various reasons such as reminding them of an upcoming appointment. By agreeing to these Terms of Service and using such tools, each Professional represents that it has permission from each Client to send SMS and email notifications and that each Professional takes full responsibility for adhering to each Client’s preference with respect to such notifications. 

13. HIPAA Notice

You should not share any protected health information with service providers via the Service. The Platform are not intended to be used to communicate protected health information, and it is not intended to be compliant with the Health Insurance Portability and Accountability Act (HIPAA). The term “protected health information” means any information that relates to the past, present or future physical or mental health or condition of an individual; the provision of health care to an individual; or the past, present or future payment for the provision of health care to an individual. If you do share any protected health information, you do so at your own risk.

As part of the Platform, the Company may send SMS messages to Users using a short code text messaging service. The following guidelines apply to the Company’s short code text messaging service:

  • When Users opt-in to the service, we will send you an SMS message to confirm your signup.
  • You can cancel the SMS service at any time by going into your Settings and disable SMS text.
  • If you want to join again, go back to Settings and enable SMS text and we will start sending SMS messages to you again.
  • We are able to deliver messages to the following mobile phone carriers:
  • Major carriers: AT&T, Verizon Wireless, Sprint, T-Mobile, U.S. Cellular, Alltel, Boost Mobile, Nextel, and Virgin Mobile.
  • Minor carriers: Alaska Communications Systems (ACS), Appalachian Wireless (EKN), Bandwidth USA, Bluegrass Cellular, Breakaway Wireless (Manti Telephone), Brightlink (365 Wireless), CTC (Cambridge Tel), Cablevision, Carolina West Wireless, CellComm USA, C-Spire (f/k/a Cellular South), Cellular Network Partnership (PIONEER), Cellular One of East Central IL (ECIT), Cellular One of Northeast Pennsylvania, Cellular One of Northwest Arizona, Chat Mobility, Chariton Valley, Cincinnati Bell Wireless, Copper Valley, Cricket, Coral Wireless (Mobi PCS), Cordova Wireless, COX, Cross, Cricket Wireless GSM, Custer Telephone, Duet Wireless,,DTC Wireless, Eagle Telephone (Snake River PCS), Enflick, GCI, Golden State, Google, Hawkeye (Chat Mobility), Hawkeye (NW Missouri), Illinois Valley Cellular, Inland Cellular, iWireless (Iowa Wireless), Keystone Wireless (Immix Wireless/PC Man), Layered, Leaco, Limitless Mobile, MTA, Nemont (Sagebrush Cellular) Nex-Tech Wireless, NNTC (Nucla Naturita Telephone), NTelos, Northwest Missouri (Hawkeye Switching), Panhandle Communications, Pine Cellular, Pioneer, Plateau (Texas RSA 3 Ltd), Revol, RINA, SI Wireless Simmetry (TMP Corporation), Silverstar Wireless (Goldstar Comm) Southern LINC, SRT, Thumb Cellular, Triangle Wireless, Union Wireless, United Wireless, Viaero Wireless, and West Central (WCC or 5 Star Wireless).
  • As always, message and data rates may apply for any messages sent to you from us and to us from you. You may receive messages including but not limited to requests for appointments, appointments booked, reminders for appointments, tips, and payment receipts. If you have any questions about your text plan or data plan, it is best to contact your wireless provider. For all questions about the services provided by this short code, you can send an email to support@BBforME.com.
  • If you have any questions regarding privacy, please read our Privacy Policy, www.joinbbforme.com/privacy

14. Fees

14.1 SMS Text Services

There is no fee to the User to use the Platform, but the User’s mobile carrier’s standard text message and data charges may apply. The User is responsible for any fees charged by her or his mobile carrier in connection with the use of the Platform.

In order to use the Platform, the User must provide a valid mobile phone number through the BBforME mobile application and verify such number as instructed by us. To verify the User’s mobile phone number, BBforME will send a code via text message to the mobile phone number provided by the User and the User must enter that code as instructed in the BBforME mobile application. If the Client changes her or his mobile phone number, the Client must promptly provide and verify her or his new mobile phone number. When the Client provides her or his mobile phone number, the Client expressly consents to receive direct dial calls, autodialed and prerecorded message calls, and text messages relating to the payment service at that number.

15. Disclaimers

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

YOUR USE OF THE PLATFORM IS AT YOUR SOLE RISK. YOU ARE FULLY AND SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS AND YOU AGREE THAT IT IS SOLELY YOUR RESPONSIBILITY TO TAKE REASONABLE PRECAUTIONS IN ALL ACTIONS AND INTERACTIONS WITH OTHER PROFESSIONALS AND CLIENTS AND IN THE PROVISION OR RECEIPT OF BEAUTY, FITNESS AND WELLNESS SERVICES. BBFORME IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE PLATFORM.  BBFORME IS UNDER NO OBLIGATION TO, AND DOES NOT ROUTINELY, SCREEN ITS USERS, INQUIRE INTO THE BACKGROUND OF ITS USERS OR ATTEMPT TO VERIFY INFORMATION PROVIDED BY ANY USER. WE RESERVE THE RIGHT, BUT HAVE NO OBLIGATION, TO MONITOR DISPUTES BETWEEN YOU AND OTHER USERS. PLEASE CAREFULLY SELECT THE TYPE OF INFORMATION THAT YOU POST ON THE PLATFORM OR THROUGH THE PLATFORM OR RELEASE TO OTHERS. WE DISCLAIM ALL LIABILITY, REGARDLESS OF THE FORM OF ACTION, FOR THE ACTS OR OMISSIONS OF OTHER PARTICIPANTS OR USERS.

IT IS POSSIBLE FOR OTHERS TO OBTAIN PERSONAL INFORMATION ABOUT YOU DUE TO YOUR USE OF THE PLATFORM OR SERVICES, AND THAT THE RECIPIENT MAY USE SUCH INFORMATION TO HARASS OR INJURE YOU. WE ARE NOT RESPONSIBLE FOR THE USE OF ANY PERSONAL INFORMATION THAT YOU DISCLOSE ON THE PLATFORM OR THROUGH THE PLATFORM. YOU UNDERSTAND THAT IN USING THE PLATFORM, SENSITIVE INFORMATION WILL TRAVEL THROUGH THIRD-PARTY INFRASTRUCTURE THAT IS NOT UNDER BBFORME’S CONTROL (SUCH AS THIRD-PARTY SERVERS). BBFORME MAKES NO WARRANTY WITH RESPECT TO THE SECURITY OF SUCH THIRD-PARTY INFRASTRUCTURE.

THE PLATFORM ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. BBFORME AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

BBFORME MAKES NO WARRANTY THAT (I) THE PLATFORM WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (II) THAT YOUR ACCESS TO OR USE OF THE PLATFORM WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE, (III) THAT ANY DEFECTS IN THE PLATFORM WILL BE CORRECTED, OR (IV) THAT THE PLATFORM OR ANY SERVER THROUGH WHICH YOU ACCESS THE PLATFORM IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

BBFORME MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE QUALITY, SUITABILITY, RELIABILITY, TIMING, DURABILITY, LEGALITY, OR ANY OTHER ASPECT OF SERVICES OFFERED OR PROVIDED BY PROFESSIONALS OR REQUESTED BY CLIENTS THROUGH USE OF THE PLATFORM WHETHER IN PUBLIC, PRIVATE, OR OFFLINE INTERACTIONS OR ABOUT THE ACCREDITATION, REGISTRATION OR LICENSE OF ANY PROFESSIONAL.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PLATFORM IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM BBFORME OR THROUGH OR FROM THE PLATFORM SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF SERVICE.

16. Limitation Of Liability And Release

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL BBFORME OR ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR BODILY INJURY OR EMOTIONAL DISTRESS AND DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE PLATFORM; (II) SERVICES FACILITATED BY THE PLATFORM OR ANY INTERACTIONS BETWEEN USERS, 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) OR ANY DISPUTE WITH ANY USER; (III) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; (IV) ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF THE PLATFORM OR YOUR DATA OR TRANSMISSIONS; OR (V) ANY OTHER MATTER RELATING TO THE PLATFORM.

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

BBFORME EXPRESSLY DISCLAIMS ANY LIABILITY THAT MAY ARISE BETWEEN USERS RELATED TO OR ARISING FROM USE OF THE PLATFORM. BECAUSE BBFORME IS NOT INVOLVED IN THE ACTUAL INTERACTIONS BETWEEN PROFESSIONALS AND CLIENTS OR IN THE PROVISION OF ANY SERVICES, YOU HEREBY RELEASE AND FOREVER DISCHARGE BBFORME AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND LICENSORS FROM ANY AND ALL CLAIMS, DEMANDS, DAMAGES (ACTUAL OR CONSEQUENTIAL) OF EVERY KIND AND NATURE, WHETHER KNOWN OR UNKNOWN, CONTINGENT OR LIQUIDATED, ARISING FROM OR RELATED TO ANY DISPUTE OR INTERACTIONS WITH ANY OTHER USER, WHETHER ONLINE OR IN PERSON, WHETHER RELATED TO THE PROVISION OF SERVICES OR OTHERWISE.

17. Indemnification

You agree to defend, indemnify and hold harmless the Company and its affiliates, officers, directors, employees, agents, partners and licensors from and against any and all claims, damages, obligations, losses, liabilities, costs, debt and expenses (including but not limited to attorney’s fees) arising from or relating to: (i) your use of and access to the Platform; (ii) Services facilitated by the Platform or any interaction between you and another user; (iii) your violation of any term of these Terms of Service; (iv) your violation of any rights of a third party, including without limitation any copyright, intellectual property, or privacy right; or (v) any third-party claims or damages relating to death, personal injury or emotional distress arising from or related to use of the Platform. This defense and indemnification obligations will survive the termination of these Terms of Service and your use of the Platform.

18. Privacy

Our collection of data and information via the Platform from Users and others is subject to our Privacy Policy which is available at https://BBforME.com/privacy/ and is incorporated herein (the “Privacy Policy”). You understand that through your use of the Platform that you consent to the collection and use (as set forth in the Privacy Policy) of such data and information.

By using the Platform, you may receive information about Clients or other third parties. You must keep such information confidential and only use it in connection with the Platform. You may not disclose or distribute any such information to a third party or use the information for marketing purposes unless you receive the express consent of the Client or other third party.

19. Application License

Subject to your compliance with these Terms, BBforME grants you a limited non-exclusive, non-transferable license to download and install a copy of the Application on each mobile device or computer that you own or control and run such copy of the Application solely for your own personal use. Furthermore, with respect to any Apple App Store Sourced Application (defined below), you will only use the App Store Sourced Application (i) on an Apple-branded product that runs the iOS (Apple’s proprietary operating system) and (ii) as permitted by the “Usage Rules” set forth in the Apple App Store Terms of Service. BBforME reserves all rights in the Application not expressly granted to you by these Terms.

20 Accessing And Downloading The Application From Itunes

The following applies to any Application accessed through or downloaded from the Apple App Store (“App Store Sourced Application”):

  • You acknowledge and agree that (i) these Terms are concluded between you and BBforME only, and not Apple, and (ii) BBforME, not Apple, is solely responsible for the App Store Sourced Application and content thereof. Your use of the App Store Sourced Application must comply with the App Store Terms of Services.
  • You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store Sourced Application.
  • In the event of any failure of the App Store Sourced Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App Store Sourced Application to you and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App Store Sourced Application. As between BBforME and Apple, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of BBforME.
  • You and BBforME acknowledge that, as between BBforME and Apple, Apple is not responsible for addressing any claims you have or any claims of any third party relating to the App Store Sourced Application or your possession and use of the App Store Sourced Application, including, but not limited to: (i) product liability claims; (ii) any claim that the App Store Sourced Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
  • You and BBforME acknowledge that, in the event of any third-party claim that the App Store Sourced Application or your possession and use of that App Store Sourced Application infringes that third party’s intellectual property rights, as between BBforME and Apple, BBforME, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms.
  • You and BBforME acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms as related to your license of the App Store Sourced Application, and that, upon your acceptance of the terms and conditions of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms as related to your license of the App Store Sourced Application against you as a third-party beneficiary thereof.
  • Without limiting any other terms of these Terms, you must comply with all applicable third-party terms of agreement when using the App Store Sourced Application.

21. Security

We have implemented technical and organizational measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.

22. Underwriting/High Risk And AML Policies

By accepting these Terms of Services, each Professional agrees that they have reviewed and agreed to BBforME’s Underwriting/High Risk and Anti-Money Laundering Policies.

23. Miscellaneous; Changes

These Terms of Service, including all referenced and/or incorporated exhibits, policies, programs and guidelines, constitute the entire agreement between you and the Company concerning the subject matter herein and the use of the Platform and supersede any and all previous agreements, written or oral, between you and the Company, including previous versions of these Terms of Service.

The Company reserves the right, at its sole and absolute discretion, to change, modify, add to, supplement or delete any of these Terms of Service and all referenced and/or incorporated exhibits, policies, programs and guidelines. The Company will endeavor to notify you of any material changes by email, but will not be liable for any failure to do so. If any future changes to these Terms of Service are unacceptable to you or cause you to no longer be in compliance with these Terms of Service, you must terminate, and immediately stop using, the Service. Your continued use of the Service following any revision to these Terms of Service constitutes your complete and irrevocable acceptance of any and all such changes.

The Company may assign these Terms of Service or any other agreement with you in whole or part at any time.

These Terms of Service and the relationship between you and the Company shall be governed by the laws of the State of California without regard to its conflict of law provisions. You and the Company agree to submit to the personal and exclusive jurisdiction of the courts located within the City of Las Vegas, and County of Clark, Nevada.

Any failure of the Company to enforce or exercise a right provided in these Terms of Service is not a waiver of that right.

Should any provision of these Terms of Service be found invalid or unenforceable, the remaining terms shall still apply.

You and the Company both agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Platform or these Terms of Service must be filed within ONE (1) YEAR after such claim or cause of action arose or be forever barred.

I HEREBY ACKNOWLEDGE THAT I HAVE READ AND UNDERSTAND THE FOREGOING TERMS OF SERVICE, INCLUDING THE COMPANY’S PRIVACY POLICY LOCATED AT www.joinbbforme/priavcy, AND AGREE THAT MY USE OF THE SERVICE IS AN ACKNOWLEDGMENT OF MY AGREEMENT TO BE BOUND BY THE TERMS AND CONDITIONS OF THESE TERMS OF SERVICES.

The adoption of this policy is aimed at increasing awareness of money laundering activity and its ill effects and to simultaneously contribute, on the part of the employee to counter money laundering in a significant way, including guarding against the money laundering at all times.

Good compliance is generally best facilitated by a willing adoption the regime of best practices. BBforME, Inc. would aim at this while implementing this policy.