Please contact me if you have any questions.
THESE TERMS AND CONDITIONS WERE CREATED ON MAY 8, 2014 AND ARE EFFECTIVE IMMEDIATELY FOR THOSE READING, SHOPPING AT, MAKING PURCHASES FROM, REGISTERING ACCOUNTS WITH AND/OR INTERACTING IN ANY WAY WITH BUILDING BEAUTIFUL SOULS, INC.
Building Beautiful Souls Wisdom Center (https://www.buildingbeautifulsouls.com/), Building Beautiful Souls Resource Center (https://www.buildingbeautifulsouls.com/resourcecenter), Building Beautiful Souls Shop (http://www.shop.buildingbeautifulsouls.com/), What Is My Spirit Animal (https://whatismyspiritanimal.com), Ark Tarot Cards (https://arktarotcards.com), Witchcraft and Witches (https://witchcraftandwitches.com and https://wisewitchesandwitchraft.com) WHO, COLLECTIVELY, IS BUILDING BEAUTIFUL SOULS, INC. AND WILL HEREINAFTER BE REFERRED TO AS “BBS, INC.” or “The Sites”) REQUIRES CONSIDERATION FOR AND AS A CONDITION OF ALLOWING YOU ACCESS.
ALL PERSONS UNDER THE AGE OF 18 ARE DENIED ACCESS TO BBS, INC.. IF YOU ARE UNDER 18 YEARS OF AGE, IT IS UNLAWFUL FOR YOU TO VISIT, READ, OR INTERACT WITH BBS, INC. OR ITS CONTENTS IN ANY MANNER. BBS, INC. SPECIFICALLY DENIES ACCESS TO ANY INDIVIDUAL THAT IS COVERED BY THE CHILD ONLINE PRIVACY ACT (COPA) OF 1998.
“You” and “your” refer to you, as a user of The Sites. A “user” is someone who accesses, browses, crawls, scrapes, visits, views, subscribes, is a member, affiliate or customer of and/or in any way uses The Sites.
“The Sites” or BBS, INC. refers to https://www.buildingbeautifulsouls.com/, https://www.buildingbeautifulsouls.com/resourcecenter and http://www.shop.buildingbeautifulsouls.com/ (collectively, Building Beautiful Souls, Inc.)
“Content” means text, images, photos, audio, video, location data, and all other forms of data or communication. “Your Content” means Content that you submit or transmit to, through, or in connection with The Sites, such as ratings, reviews, compliments, invitations, check-ins, messages, and information that you publicly display or displayed in your account profile. “User Content” means Content that users submit or transmit to, through, or in connection with The Sites.
“BBS, INC. Content” means Content that we create and make available in connection with The Sites.
“Third Party Content” means Content that originates from parties other than BBS, INC. or its users, which is made available in connection with The Sites. “Sites Content” means all of the Content that is made available in connection with The Sites, including Your Content, User Content, Third Party Content, and BBS, INC. Content.
2. CHANGES TO THE TERMS OF SERVICE
Periodically, BBS, INC. may amend the Terms. The most current version of these Terms will be located here. You understand and agree that your access to or use of The Sites is governed by the Terms effective at the time of your access to or use of The Sites. If we make material changes to these Terms, you will not be notified in advance. We will indicate at the top of this page the date that revisions were last made and all revisions are available here. You should revisit these Terms on a regular basis as revised versions will be binding on you. Any such modification will be effective upon our posting of new Terms. You understand and agree that your continued access to or use of The Sites after the effective date of modifications to the Terms indicates your acceptance of the amendments.
3. USING THE SITES
Permission to Use The Sites
We grant you permission to use The Sites subject to the restrictions in these Terms.
Your use of The Sites is at your own risk, including the risk that you might be exposed to Content that is offensive, indecent, inaccurate, objectionable, or otherwise inappropriate.
You assume the all risk of viewing, reading, using, or relying upon this information. Unless you have otherwise formed an express contract to the contrary with the website, you have no right to rely on any information contained herein as accurate. The website makes no such warranty.
Disclaimer for CONTENTS, ADVERTISED PRACTITIONERS AND PRODUCTS of The Sites
BBS, INC. disclaims any responsibility for the accuracy of the content of this website and YOU ACKNOWLEDGE AND UNDERSTAND THAT ALL CONTENT, PRODUCT DESCRIPTIONS, ADVERTISED SERVICES AND OPINIONS ARE INTENDED FOR ENTERTAINMENT PURPOSES ONLY AND ABSOLUTELY SHOULD NOT BE USED IN PLACE OF ANY RECOMMENDATIONS BY MEDICAL, LEGAL, OR FINANCIAL PROFESSIONALS OR OTHER PROFESSIONAL COUNSELORS. IT IS YOUR RESPONSIBILITY TO EVALUATE ANY INFORMATION, OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE SITES.
BBS, INC. does not warrant that product descriptions or other content of The Sites is accurate, complete, reliable, current, or error-free.
The Sites may be modified, updated, interrupted, suspended or discontinued at any time without notice or liability.
You must create an account and provide certain information about yourself in order to use some of the features that are offered through The Sites. You are responsible for maintaining the confidentiality of your account password. You are also responsible for all activities that occur in connection with your account. You agree to notify us immediately of any unauthorized use of your account. We reserve the right to close your account at any time for any or no reason.
4. COMMUNICATIONS FROM BBS, INC. AND OTHER USERS
BBS, INC. is a business listing, eCommerce and resource site as well as online social community, hence all your professional and social media contact information is available here. By creating an account, you agree to receive certain communications in connection with The Sites. For example, you might receive requests for more information from prospective clients or friend requests from other Users. You will also receive our weekly e-mail newsletter.
Responsibility for Your Content
You alone are responsible for Your Content (including but not limited to articles or other submissions, comments to articles, classified or self-service advertisements which does not originate with BBS, INC.), and once published, it cannot always be withdrawn. You assume all risks associated with Your Content, including anyone’s reliance on its quality, accuracy, or reliability, or any disclosure by you of information in Your Content that makes you personally identifiable. You represent that you own, or have the necessary permissions to use and authorize the use of Your Content as described herein. BBS, INC. is not liable for any loss or damage of any kind incurred as a result of any User Content on The Sites.
You may not imply that Your Content is in any way sponsored or endorsed by BBS, INC..You may expose yourself to liability if, for example, Your Content contains material that is false, intentionally misleading, or defamatory; violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; contains material that is unlawful, including illegal hate speech or pornography; exploits or otherwise harms minors; or violates or advocates the violation of any law or regulation.
The Sites’ Right to Use Your Content
BBS, INC. may use Your Content in a number of different ways, including publicly displaying it, reformatting it, incorporating it into advertisements and other works, creating derivative works from it, promoting it, distributing it, and allowing others to do the same in connection with their own websites and media platforms (“Other Media”). As such, you hereby irrevocably grant us world-wide, perpetual, non-exclusive, royalty-free, assignable, sublicensable, transferable rights to use Your Content for any purpose and without any obligation of notice, attribution or compensation to you. Please note that you also irrevocably grant the users of The Sites and any Other Media the right to access Your Content in connection with their use of The Sites and any Other Media. Finally, you irrevocably waive, and cause to be waived, against BBS, INC. and its users any claims and assertions of moral rights or attribution with respect to Your Content. By “use” we mean use, copy, publicly perform and display, reproduce, distribute, modify, translate, remove, analyze, commercialize, and prepare derivative works of Your Content.
As between you and BBS, INC., you own Your Content. We own the BBS, INC. Content, including but not limited to visual interfaces, interactive features, graphics, design, compilation, including, but not limited to, our compilation of User Content and other Site Content, computer code, products, software, aggregate user review ratings, and all other elements and components of The Sites excluding Your Content, User Content and Third Party Content. We also own the copyrights, trademarks, service marks, trade names, and other intellectual and proprietary rights throughout the world (“IP Rights”) associated with the BBS, INC. Content and The Sites, which are protected by copyright, trade dress, patent, trademark laws and all other applicable intellectual and proprietary rights and laws. As such, you may not modify, reproduce, distribute, create derivative works or adaptations of, publicly display or in any way exploit any of the BBS, INC. Content in whole or in part except as expressly authorized by us. Except as expressly and unambiguously provided herein, we do not grant you any express or implied rights, and all rights in and to The Sites and the BBS, INC. Content are retained by us.
BBS, INC. and its licensees may publicly display advertisements and other information adjacent to or included with Your Content. You are not entitled to any compensation for such advertisements. The manner, mode and extent of such advertising are subject to change without obligation of notice to you.
We make some of The Sites Content (“Feed Content”) available via Real Simple Syndication and Atom feeds (“Feeds”). You may access and use the Feeds in order to display Feed Content on your personal computer, website, or blog (“Your Site”), provided that (i) your use of the Feeds is for personal, non-commercial purposes only, (ii) your display of the Feed Content links back to the relevant pages on the BBS, INC. website, and attributes BBS, INC. as the source of the Feed Content, (iii) your use or display of the Feed Content does not suggest that BBS, INC. promotes or endorses any third party causes, ideas, websites, products or services, including Your Site, (iv) you do not redistribute the Feed Content, and (v) your use of the Feeds does not overburden BBS, INC.’ systems. BBS, INC.reserves all rights in the Feed Content and may terminate the Feeds at any time. Please feel free to contact us regarding other possible uses of the Feeds.
User Content (including any that may have been created by users employed or contracted by BBS, INC.) does not necessarily reflect the opinion of BBS, INC.. We reserve the right to remove, screen, edit, or reinstate User Content and at our sole discretion for any reason or no reason, and without obligation of notice to you. For example, we may remove a review if we believe it violates our Content Guidelines. We have no obligation to retain or provide you with copies of Your Content, nor do we guarantee any confidentiality with respect to Your Content.
We are under no obligation to enforce the Terms on your behalf against another user. While we encourage you to let us know if you believe another user has violated the Terms, we reserve the right to investigate and take appropriate action at our sole discretion.
You agree not to, and will not assist, encourage, or enable others to use The Sites to:
- Violate our Content Guidelines, for example, by writing a fake or defamatory review, trading reviews with other businesses, or compensating someone or being compensated to write or remove a review;
- Violate any third party’s rights, including any breach of confidence, copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right;
- Threaten, stalk, harm, or harass others, or promote bigotry or discrimination;
- Promote a business or other commercial venture or event, or otherwise use The Sites for commercial purposes, except in connection with a Business Account and as expressly permitted by BBS, INC.;
- Send bulk emails, surveys, or other mass messaging, whether commercial in nature or not; engage in keyword spamming, or otherwise attempt to manipulate The Site’s search results or any third party website;
- Solicit personal information from minors, or submit or transmit pornography; or
- Violate any applicable law.
You also agree not to, and will not assist, encourage, or enable others to:
- Violate the Terms;
- Modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade, or in any way exploit The Sites or Sites’ Content (other than Your Content), except as expressly authorized by BBS, INC.;
- Use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve, scrape, or index any portion of The Sites or any Site Content;
- Reverse engineer any portion of The Sites;
- Remove or modify any copyright, trademark or other proprietary rights notice that appears on any portion of The Sites or on any materials printed or copied from The Sites;
- Record, process, or mine information about other users;
- Access, retrieve or index any portion of The Sites for purposes of constructing or populating a searchable database of business reviews;
- Reformat or frame any portion of The Sites;
- Take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on BBS, INC.’s technology infrastructure or otherwise make excessive traffic demands of The Sites;
- Attempt to gain unauthorized access to The Sites, user accounts, computer systems or networks connected to The Sites through hacking, password mining or any other means;
- Use The Sites or any Site Content to transmit any computer viruses, worms, defects, Trojan horses or other items of a destructive nature (collectively, “Viruses”);
- Use any device, software or routine that interferes with the proper working of The Sites, or otherwise attempt to interfere with the proper working of The Sites;
- Use The Sites to violate the security of any computer network, crack passwords or security encryption codes; disrupt or interfere with the security of, or otherwise cause harm to, The Sites or Site Content; or
- Remove, circumvent, disable, damage or otherwise interfere with any security-related features of The Sites, features that prevent or restrict the use or copying of Site Content, or features that enforce limitations on the use of The Sites.
The restrictions above only apply to the extent permissible under applicable law. Nevertheless, you agree not to act contrary to them (even if permissible under applicable law) without providing 30 days’ prior written notice to us here, together with any information that we may reasonably require to give us an opportunity to provide alternative remedies or otherwise accommodate you at our sole discretion.
7. GUIDELINES AND POLICIES
You represent that you have read and understood our Content Guidelines.
Disclaimer Regarding Accuracy of Content
Some content on The Sites, including without limitation User Content, has been provided by or obtained from parties other than BBS, INC.. For example, content posted on https://www.buildingbeautifulsouls.com/resourcecenter and http://www.shop.buildingbeautifulsouls.com/ is written solely by the Business Owners or their agents (who are independent third parties, not employees of BBS, INC., and not under the control or direction of BBS, INC.) and is posted to the Site by the Owners/Agents without review by BBS, INC.. BBS, INC. makes no representations or warranties as to the accuracy or reliability of any Content on The Sites created or provided by third parties (including without limitation Business Owners/their agents, Customers). BBS, INC. makes no warranties or representations whatsoever with regard to any product or service provided or offered by any vendor on The Sites (including without limitation advertisers on the Site and individuals or entities placing classified advertisements on the Site) and you acknowledge that any reliance on representations and warranties provided by any party other than BBS, INC. shall be at your own risk. You expressly agree to hold BBS, INC. harmless for any claims of damage arising from any information, advice, product or service provided or promoted by any third party, including without limitation the Business Owners/their Agents and Customers.
Copyright And Trademark Disputes
Please see our Infringement Policy for information about copyright and trademark disputes.
Please see our Event Terms and Conditions for information about events listed on or linked to on The Sites. You represent that you have read and understood them.
8. SUGGESTIONS AND IMPROVEMENTS
By sending us any ideas, suggestions, documents or proposals (“Feedback”), you agree that (i) your Feedback does not contain the confidential or proprietary information of third parties, (ii) we are under no obligation of confidentiality, express or implied, with respect to the Feedback, (iii) we may have something similar to the Feedback already under consideration or in development, and (iv) you grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, prepare derivative works, publish, distribute and sublicense the Feedback, and you irrevocably waive, and cause to be waived, against BBS, INC. and its users any claims and assertions of any moral rights contained in such Feedback.
9 THIRD PARTIES
The Sites include links to other websites or applications (each, a “Third Party Site”). We do not control or endorse any Third Party Site. You agree that we are not responsible for the availability or contents of such Third Party Sites. Your use of Third Party Sites is at your own risk.
Some of the services made available through The Sites may be subject to additional third party or open source licensing terms and disclosures, including the ones posted here and incorporated herein by reference.
You agree to indemnify, defend, and hold BBS, INC., its parents, subsidiaries, affiliates, any related companies, suppliers, licensors and partners, and the officers, directors, employees, agents and representatives of each of them (collectively, the “BBS, INC. Entities”) harmless, including costs, liabilities and legal fees, from any claim or demand made by any third party arising out of or relating to (i) your access to or use of The Sites, (ii) your violation of the Terms, (iii) any products or services purchased or obtained by you in connection with The Sites, or (iv) the infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity. BBS, INC. reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any such matter without the prior written consent of BBS, INC.. BBS, INC. will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
11. DISCLAIMERS AND LIMITATIONS OF LIABILITY
PLEASE READ THIS SECTION CAREFULLY SINCE IT LIMITS THE LIABILITY OF THE BBS, INC. ENTITIES TO YOU. EACH OF THE SUBSECTIONS BELOW ONLY APPLIES UP TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW. NOTHING HEREIN IS INTENDED TO LIMIT ANY RIGHTS YOU MAY HAVE WHICH MAY NOT BE LAWFULLY LIMITED. IF YOU ARE UNSURE ABOUT THIS OR ANY OTHER SECTION OF THESE TERMS, PLEASE CONSULT WITH A LEGAL PROFESSIONAL PRIOR TO ACCESSING OR USING The Sites. BY ACCESSING OR USING The Sites, YOU REPRESENT THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO THESE TERMS, INCLUDING THIS SECTION. YOU ARE GIVING UP SUBSTANTIAL LEGAL RIGHTS BY AGREEING TO THESE TERMS.
- The Sites IS MADE AVAILABLE TO YOU ON AN “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE” BASIS, WITH THE EXPRESS UNDERSTANDING THAT THE BBS, INC. ENTITIES MAY NOT MONITOR, CONTROL, OR VET USER CONTENT. AS SUCH, YOUR USE OF The Sites IS AT YOUR OWN DISCRETION AND RISK. THE BBS, INC. ENTITIES MAKE NO CLAIMS OR PROMISES ABOUT THE QUALITY, ACCURACY, OR RELIABILITY OF The Sites, ITS SAFETY OR SECURITY, OR The Sites CONTENT. ACCORDINGLY, THE BBS, INC. ENTITIES ARE NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE, FOR EXAMPLE, FROM The Sites’S INOPERABILITY, UNAVAILABILITY OR SECURITY VULNERABILITIES OR FROM YOUR RELIANCE ON THE QUALITY, ACCURACY, OR RELIABILITY OF THE BUSINESS LISTINGS, RATINGS, REVIEWS, METRICS OR REVIEW FILTER FOUND ON, USED ON, OR MADE AVAILABLE THROUGH The Sites.
- THE BBS, INC. ENTITIES MAKE NO CLAIMS OR PROMISES WITH RESPECT TO ANY THIRD PARTY, SUCH AS THE BUSINESSES OR ADVERTISERS LISTED ON The Sites OR The Sites’S USERS. ACCORDINGLY, THE BBS, INC. ENTITIES ARE NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE FROM THEIR ACTIONS OR OMISSIONS, INCLUDING, FOR EXAMPLE, IF ANOTHER USER OR BUSINESS MISUSES YOUR CONTENT, IDENTITY OR PERSONAL INFORMATION, OR IF YOU HAVE A NEGATIVE EXPERIENCE WITH ONE OF THE BUSINESSES OR ADVERTISERS LISTED OR FEATURED ON The Sites. YOUR PURCHASE AND USE OF PRODUCTS OR SERVICES OFFERED BY THIRD PARTIES THROUGH The Sites IS AT YOUR OWN DISCRETION AND RISK.
- DISCLAIMER – NO PROFESSIONAL ADVICEINFORMATION FROM BBS, INC. OR THIRD PARTY VENDORS IS NOT INTENDED TO BE A SUBSTITUTE FOR ANY PROFESSIONAL ADVICE, INCLUDING BUT NOT LIMITED TO (A) PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT OR (B) PROFESSIONAL FINANCIAL OR INVESTMENT ADVICE OR GUIDANCE, OR (C) PROFESSIONAL LEGAL ADVICE. NEVER DISREGARD OR DELAY SEEKING PROFESSIONAL MEDICAL ADVICE OR OTHER PROFESSIONAL ADVICE BECAUSE OF SOMETHING YOU HAVE READ ON THE WEB SITE OR INFORMATION RECEIVED THROUGH OUR SERVICES. BBS, INC. IS NOT ENGAGED IN THE PRACTICE OF MEDICINE OR LAW AND DOES NOT RECOMMEND OR ENDORSE ANY SPECIFIC PRODUCTS, PROCEDURES, TREATMENTS, MEDICATIONS, OPINIONS, OR OTHER INFORMATION THAT MAY BE MENTIONED, DISCUSSED, OR DESCRIBED ON THE BBS, INC. WEB SITE OR IN BBS, INC. MATERIALS OR THROUGH OUR SERVICES OR THE SERVICES OF THIRD PARTIES. BBS, INC. PSYCHICS IS NOT ENGAGED IN THE BUSINSS OF PROVIDING FINANCIAL OR INVESTMENT ADVICE AND ITS EMPLOYEES OR CONTRACTORS ARE NOT REGISTERED ADVISORS. YOUR RELIANCE ON THE INFORMATION PROVIDED BY BBS, INC., BY A BBS, INC. EMPLOYEE OR CONTRACTOR, BY A THIRD PARTY MODERATOR, BY BBS, INC. SPONSORS OR BY OTHER USERS OF THE BBS, INC. WEB SITE OR SERVICES IS SOLELY AT YOUR OWN ELECTION OR CHOICE. ANY AND ALL DECISIONS THAT YOU MAKE THAT ARE BASED IN WHOLE OR IN PART UPON INFORMATION PROVIDED BY BBS, INC. OR ITS SPONSORS OR OTHERWISE ON THE WEB SITE WILL BE YOUR SOLE RESPONSIBILITY. FURTHER, THE INFORMATION ON BBS, INC. REGARDING THE METAPHYSICAL PROPERTIES OF, INCLUDING BUT NOT LIMITED TO, AURAS, CHAKRAS, ANY AND ALL SYMBOLISM AND MEANINGS, GODDESS ITEMS AND INFORMATION, DREAM INTERPRETATION, THE ELEMENTS, ASTROLOGICAL AND ZODIAC REPORTS AND INFORMATION, CRYSTALS, ROCKS, MINERALS, STONES, FLOWER ESSENCES, GEM ELIXRS, AROMATHERAPY, GEMSTONES, DIVINATION (TAROT, PALM READING, TEA LEAVES, PSYCHIC AND PSYCHIC MEDIUM READINGS), ENERGY AND SPIRITUAL HEALING, AND INSPIRATION TOOLS IS INTUITIVELY DERIVED AND HAS NOT BEEN SCIENTIFICALLY EVALUATED. YOU ARE ADVISED TO VIEW THIS INFORMATION AND THE INFORMATION OF THIRD PARTIES AS SPECULATIVE IN NATURE AND AS A FORM OF ENTERTAINMENT ONLY.
- THE BBS, INC. ENTITIES EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES AS TO THE PRODUCTS OR SERVICES OFFERED BY BUSINESSES LISTED ON The Sites, AND IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED TO YOU BY A REPRESENTATIVE OF ONE OF THE BBS, INC. ENTITIES SHALL CREATE A REPRESENTATION OR WARRANTY.
DISCLAIMER FOR HARM CAUSED TO YOUR COMPUTER OR SOFTWARE FROM INTERACTING WITH THIS WEBSITE OR ITS CONTENTS. VISITOR ASSUMES ALL RISK OF VIRUSES, WORMS, OR OTHER CORRUPTING FACTORS.
BBS, INC. assumes no responsibility for damage to your computers or software or any person you subsequently communicate with from corrupting code or data that is inadvertently passed to the your computer. Again, you view and interact with this site, or banners or pop-ups or advertising displayed thereon, at your own risk.
- DISCLAIMER FOR HARM CAUSED BY DOWNLOADSYou download information from this site at your own risk. BBS, INC. makes no warranty that downloads are free of corrupting computer codes, including, but not limited to, viruses and worms.
- YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH The Sites, RELATED SERVICES, OR ANY OTHER GRIEVANCE SHALL BE YOUR TERMINATION AND DISCONTINUATION OF ACCESS TO, OR USE OF The Sites.
- THE BBS, INC. ENTITIES’ MAXIMUM AGGREGATE LIABILITY TO YOU FOR LOSSES OR DAMAGES THAT YOU SUFFER IN CONNECTION WITH The Sites OR THESE TERMS IS LIMITED TO THE GREATER OF (i) THE AMOUNT PAID, IF ANY, BY YOU TO THE BBS, INC. ENTITIES IN CONNECTION WITH The Sites IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, OR (ii) $100.
- THE BBS, INC. ENTITIES DISCLAIM LIABILITY FOR ANY (i) INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, RELIANCE, OR CONSEQUENTIAL DAMAGES, (ii) LOSS OF PROFITS, (iii) BUSINESS INTERRUPTION, (iv) REPUTATIONAL HARM, OR (v) LOSS OF INFORMATION OR DATA.
12. CHOICE OF LAW AND VENUE
Florida law will govern these Terms, as well as any claim, cause of action or dispute that might arise between you and BBS, INC. (a “Claim”), without regard to conflict of law provisions. FOR ANY CLAIM BROUGHT BY EITHER PARTY, YOU AGREE TO SUBMIT AND CONSENT TO THE PERSONAL AND EXCLUSIVE JURISDICTION IN, AND THE EXCLUSIVE VENUE OF, THE STATE AND FEDERAL COURTS LOCATED WITHIN Pinellas County, Florida.
- We may close your account, suspend your ability to use certain portions of The Sites, and/or ban you altogether from The Sites for any or no reason, and without notice or liability of any kind. Any such action could prevent you from accessing your account, The Sites, Your Content, Site Content, or any other related information.
- In the event of any termination of these Terms, whether by you or us, Sections 1, 5, 6, 10 – 14 will continue in full force and effect, including our right to use Your Content as detailed in Section 5.
14. GENERAL TERMS
- We reserve the right to modify, update, or discontinue The Sites at our sole discretion, at any time, for any or no reason, and without notice or liability.
- We may provide you with notices, including those regarding changes to the Terms by email, regular mail or communications through The Sites.
- Except as otherwise stated in Section 10 above, nothing herein is intended, nor will be deemed, to confer rights or remedies upon any third party.
- The Terms contain the entire agreement between you and us regarding the use of The Sites, and supersede any prior agreement between you and us on such subject matter. The parties acknowledge that no reliance is placed on any representation made but not expressly contained in these Terms.
- Any failure on BBS, INC.’s part to exercise or enforce any right or provision of the Terms does not constitute a waiver of such right or provision. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
- If any provision of the Terms is found to be unenforceable or invalid, then only that provision shall be modified to reflect the parties’ intention or eliminated to the minimum extent necessary so that the Terms shall otherwise remain in full force and effect and enforceable.
- The Terms, and any rights or obligations hereunder, are not assignable, transferable or sublicensable by you except with BBS, INC.’s prior written consent, but may be assigned or transferred by us without restriction. Any attempted assignment by you shall violate these Terms and be void.
- The section titles in the Terms are for convenience only and have no legal or contractual effect.