PLEASE READ THESE TERMS OF SERVICE CAREFULLY. THIS IS A LEGAL AGREEMENT BETWEEN BBFORME AND YOU, THE USER (AS THIS TERM IS DEFINED BELOW), 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 BBforME that you have full power and authority to do so.
BBforME is an online platform that connects Beauty, Fitness and Wellness professionals (yoga instructors, personal trainers, stylists, etc.), or other business entities (collectively or individually, “Professionals“) providing beauty, fitness and wellness services (“Services“) with clients seeking such services, whether or not you become a registered user of the Services. (“Clients” or “you“). The Professionals and Clients are both users of the Platform provided by BBforME and the term “Users” collectively and generically refers to them in these Terms of Service.
BBforME solely provides the Platform to allow Professionals and Clients to connect and only serves as a medium to facilitate the provision of Services. However, BBforME does not provide or contract for 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 Professional. 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) BBforME does not conduct background checks on Clients or Professionals and (ii) any provision of Services in a private location inherently increases the risks involved for both Clients and Professionals.
BBforME does not have control over the quality, suitability, reliability, timing, durability, legality, failure to provide, or any other aspect whatsoever of 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 the account of a Professional based on any information discovered during such background checks and first party interviews. Whether or not BBforME conducts a background check or first party interview on a Professional, each Client must decide whether a Professional is suited to such Client’s needs and should exercise caution and common sense to protect their personal safety and property, just as they would when interacting with anyone you don’t know. NEITHER BBFORME NOR ITS AFFILIATES OR LICENSORS IS RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE PLATFORM AND YOU HEREBY RELEASE BBFORME AND ITS AFFILIATES OR LICENSORS FROM ANY LIABILITY RELATED THERETO. BBFORME AND ITS AFFILIATES AND LICENSORS WILL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH YOUR USE OF THE PLATFORM.
Although the Platform is intended to provide a Professional’s availability in real-time, it is possible that a scheduling conflict may occur that requires the Professional to reschedule a Client reservation. Creation of a reservation using the Platform is not a guarantee that the Professional will honor the reservation as scheduled.
BBforME cannot guarantee availability of the Platform to any User.
BBforME does not independently confirm that Professionals are licensed to perform the Services offered by them. However, when Professionals create accounts with BBforME, Professionals certify to BBforME that they are a licensed professional, or if the Professional is a studio, merchant or other business entity, all of such Professional’s employees, independent contractors or agents who are providing Services each are a licensed professional, that they are legally able to provide the Services they offer to Clients, and that their business information is correctly represented on BBforME. Without any notice to the Proessional, 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 at any time.
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 out in these Terms of Service. The registration process will ask you for information including your name and other personal information, and 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, without any Notice 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.
Once you register for the Platform, you will receive a unique user identification and password in connection with your Account (collectively referred to herein as “Account IDs“). You must use your 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. 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).
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. BBforME is 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.
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 “Social Network 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 Social Network Content, if any, will 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 Social Network 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 Social Network Content for any purpose, including but not limited to, for accuracy, legality or non-infringement, and BBforME is not responsible for any Social Network Content.
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.
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 support@BBforME.com, BBforME will deactivate the connection between the BBforME Platform and your Third Party Account and 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 permit you to submit reviews, comments, and ratings, send communications and submit suggestions, ideas, comments, questions, or other information for publication and distribution to BBforMe and other Users (“User Content”). Any such User Content must not be illegal, threatening, obscene, racist, defamatory, libelous, pornographic, infringing of intellectual property rights, promoting of illegal activity or harm to groups and/or individuals, invasive of privacy, purposely false or otherwise injurious to other Users or third parties, or objectionable and must not consist of or contain software, computer viruses, commercial solicitation, political campaigning, chain letters, mass mailings, any form of “spam” or references to illegal activity, malpractice, or false advertising, or health code violations. You may not use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of User Content. BBforME reserves the right (but has no obligation) to monitor, remove, or edit User Content in BBforME’s sole discretion, including if User Content violates these Terms of Service (including any BBforME policies), but you acknowledge that BBforME may not regularly review submitted User Content. If you do submit User Content, and unless we indicate otherwise, you grant BBforME a nonexclusive, perpetual, royalty-free, irrevocable, and fully sublicensable (through multiple tiers) right to use, modify, reproduce, adapt, translate, publish, create derivative works from, distribute, display, and otherwise exploit such User Content throughout the world in any media. BBforME takes no responsibility and assumes no liability for any User Content submitted by you or any other User or third party.
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 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 BBforME, (c) provide any false, incomplete, inaccurate, or misleading information or otherwise engage in fraudulent or illegal conduct, or (d) 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.
If your Account is terminated or suspended for any reason or no reason, you agree: (a) to immediately stop using the Platform, (b) that any rights or licenses granted to you under these Terms of Service will immediately end, (c) 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 (d) that BBforME will 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.
There is no fee to the Client to use the Platform, but the Client’s mobile carrier’s standard text message and data charges may apply. The Client 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 Client must provide a valid mobile phone number through the BBforME mobile application and verify such number as instructed by us. To verify the Client’s mobile phone number, BBforMe will send a code via text message to the mobile phone number provided by the Client, and the Client 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.
The Platform allow Clients to pay and Professionals to accept payments for Services, 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.
Users will be required to provide their credit card details to BBforME at the time of booking a Service. You authorize us to process payments in accordance with the Services, using the payment information you have supplied.
As a condition of BBforME enabling payment processing services, you agree to provide BBforME accurate and complete information about you and you authorize BBforME to share it with its credit card processor, i2c, Inc. and transaction information related to your use of the Services.
After completion of your Services, you agree to authorize BBforME to provide your payment details to the i2c, Inc for processing of payments, including any tip or gratuity, if applicable. Based on a Professional’s cancellation policy, you may be charged a cancellation fee if you book a Service, but cancel it before it is completed. Additionally, some Professionals may require an advance payment at time of booking, you agree to authorize BBforME to provide your payment details to i2c, Inc. for processing of those payments.
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, 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.
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.
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. The Professionals agree to make available to Clients any terms and conditions applicable to such Professional’s loyalty program.
Professionals, as a separate entity from BBforME, are solely responsible for all Client Service issues relating to such Professional’s goods or services, including without limitation, any Services, pricing, appointment cancellation, returns, refunds and adjustments, rebates, functionality and warranty, and feedback concerning experiences with such Professional, any personnel, their policies or processes.
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 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 will 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. When you publish User Content or information, it means that everyone, 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:
To make sure we are able to provide the Platform 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:
You should not share any protected health information with service providers via the Platform. The Platform is 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.
The Platform contains content and technology of BBforME that is protected by copyright, trademark, patent, trade secret and other laws. BBforME 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 “BBforME Intellectual Property”). You may not copy, modify, or reverse engineer any part of the Platform or BBforME Property.
In order to operate the Platform, BBforME needs to make certain use of your publicly posted Content (as defined below). 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 that BBforME needs to use such Content in connection with any investigation or in compliance with any laws.
You agree not to 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).
You acknowledge that all derivative designs and artwork which utilize BBforME’s logo or other BBforME Intellectual Property (collectively, “Derivative Works“) are the sole property of BBforME. No other rights are granted to you with respect to BBforME 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.
BBforME reserves the right to remove or hide any Content from the Platform, at its sole discretion.
BBforME respects the intellectual property of others. It may, in appropriate circumstances and at its discretion, disable and/or terminate the Accounts of Users who BBforME, 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 provide the following information to BBforME’s copyright agent via email to info@joinBBforME.com:
BBforME reserves the right to send Clients marketing information 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, BBforME 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.
As part of the Platform, BBforME may send SMS messages to Users using a short code text messaging service. The following guidelines apply to BBforME’s short code text messaging service:
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 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 WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF SERVICE.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL 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 BBFORME 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.
You agree to defend, indemnify and hold harmless BBforME 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.
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.
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.
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.
These Terms of Service, including all referenced and/or incorporated exhibits or policies, programs and guidelines, constitute the entire agreement between you and BBforME concerning the subject matter herein and the use of the Platform and supersede any and all previous agreements, written or oral, between you and BBforME, including previous versions of these Terms of Service.
BBforME 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 or policies, programs and guidelines. BBforME 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 Fare 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 Platform. Your continued use of the Platform following any revision to these Terms of Service constitutes your complete and irrevocable acceptance of any and all such changes.
BBforME 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 BBforME are governed by the laws of the State of Nevada without regard to its conflict of law provisions. You and BBforME agree to submit to the personal and exclusive jurisdiction of the courts located within the City and County of Las Vegas, Nevada.
Any failure of BBforME 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 will still apply.
You and BBforME 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.