1.Your relationship with Bridge Winners
1.1 Your use of Bridge Winners, Inc.'s ("Bridge Winners") products, software, websites, and services (referred to collectively as the “Services” in this document and excluding any services provided to you by Bridge Winners under a separate written agreement) is subject to the terms of a legal agreement between you and Bridge Winners. This document explains how the agreement is made up, and sets out some of the terms of that agreement.
1.2 Unless otherwise agreed in writing with Bridge Winners, your agreement with Bridge Winners will always include, at a minimum, the terms and conditions set out in this document. These are referred to below as the “Terms” or "TOS".
2. Accepting the Terms
2.2 You may not use the Services and may not accept the Terms if (a) you are not at least 13 years old, or (b) you are a person barred from receiving the Services under the laws of the United States or other countries including the country in which you are resident or from which you use the Services.
3. Provision of the Services by Bridge Winners
3.1 Bridge Winners is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Services which Bridge Winners provides may change from time to time without prior notice to you.
3.2 As part of this continuing innovation, you acknowledge and agree that Bridge Winners may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally at Bridge Winners' sole discretion, without prior notice to you. You may stop using the Services at any time. You do not need to specifically inform Bridge Winners when you stop using the Services.
3.3 You acknowledge and agree that if Bridge Winners disables access to your account, you may be prevented from accessing the Services, your account details or any files or other content which is contained in your account.
3.4 You acknowledge and agree that while Bridge Winners may not currently have set a fixed upper limit on the number of transmissions you may send or receive through the Services or on the amount of storage space used for the provision of any Service, such fixed upper limits may be set by Bridge Winners at any time, at Bridge Winners' discretion.
4. Use of the Services by you
4.1 In order to access certain Services, you may be required to provide information about yourself (such as identification or contact details) as part of the registration process for the Service, or as part of your continued use of the Services. You agree that any registration information you give to Bridge Winners will always be accurate, correct and up to date.
4.2 You agree that you will create an account that contains your actual first and last name. The last name associated with your account must be your legal last name or family name. Your first name used for your account may be either your legal first name, or a familiar first name that you are commonly referred to in real life (e.g., Bobby for Robert or Al for Albert). You further agree that you will not post content under an account that does not have your name associated with the account.
4.3 You agree not to let another person post content under your account.
4.4 You agree to use the Services only for purposes that are permitted by (a) the Terms and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from the United States or other relevant countries).
4.5 You agree not to access (or attempt to access) any of the Services by any means other than through the interface that is provided by Bridge Winners, unless you have been specifically allowed to do so in a separate agreement with Bridge Winners. You specifically agree not to access (or attempt to access) any of the Services through any automated means (including use of scripts or web crawlers).
4.6 You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services).
4.7 Unless you have been specifically permitted to do so in a separate agreement with Bridge Winners, you agree that you will not reproduce, duplicate, copy, sell, trade, or resell the Services for any purpose.
4.8 Unless specifically granted permission by Bridge Winners, you agree to not post articles or content of a promotional nature. Bridge Winners may remove any content that it believes violates this guideline.
4.9 You agree to not post content on behalf of a user that has received disciplinary action from Bridge Winners, including but not limited to a user that is suspended or banned from posting or using the Services.
4.10 You will not use the Services if you are under the age of 13.
5. Your passwords and account security
5.1 You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Services.
5.2 Accordingly, you agree that you will be solely responsible to Bridge Winners for all activities that occur under your account.
5.3 If you become aware of any unauthorized use of your password or of your account, you agree to notify Bridge Winners immediately at email@example.com
6. Content in the Services
6.1 You understand that all information (such as data files, written text, convention cards, hand diagrams, computer software, audio files, photographs, videos or other images) which you may have access to as part of, or through your use of, the Services are the sole responsibility of the person from which such content originated. All such information is referred to below as the “Content”.
6.2 You should be aware that Content presented to you as part of the Services, including but not limited to advertisements in the Services and sponsored Content within the Services may be protected by intellectual property rights which are owned by the sponsors or advertisers who provide that Content to Bridge Winners (or by other persons or companies on their behalf). You may not modify, rent, lease, loan, sell, distribute, or create derivative works based on this Content (either in whole or in part) unless you have been specifically told that you may do so by Bridge Winners or by the owners of that Content, in a separate written agreement.
6.3 You acknowledge that Bridge Winners does not pre-screen any content created by you or other users, and that we have the right, but not the obligation, in our sole discretion to modify, reproduce, transmit over various networks, refuse, delete, or move any of Your Content that is available on Bridge Winners. You agree that you must evaluate, and bear all risks associated with, the use of any of Your Content including, but not limited to, any reliance on the accuracy, completeness, or usefulness of Your Content.
6.4 Unless expressly authorized in writing by Bridge Winners, you agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes (a) any portion of the Bridge Winners website, (b) use of Bridge Winners Website, or (c) access to Bridge Winners website.
6.5 You agree that you are solely responsible for (and that Bridge Winners has no responsibility to you or to any third party for) any Content that you create, transmit, or display while using the Services and for the consequences of your actions (including any loss or damage which Bridge Winners may suffer) by doing so.
7. License from Bridge Winners
7.1 Bridge Winners gives you a personal, worldwide, royalty-free, non-assignable, and non-exclusive license to use the software provided to you by Bridge Winners as part of the Services as provided to you by Bridge Winners (referred to as the “Software” below). This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by Bridge Winners, in the manner permitted by the Terms.
7.2 You may not (and you may not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile, or otherwise attempt to extract the source code of the Software or any part thereof, unless this is expressly permitted or required by law, or unless you have been specifically told that you may do so by Bridge Winners, in writing.
7.3 Unless Bridge Winners has given you specific written permission to do so, you may not assign (or grant a sub-license of) your rights to use the Software, grant a security interest in or over your rights to use the Software, or otherwise transfer any part of your rights to use the Software.
8. Content license from you
8.1 You retain copyright and any other rights you already hold in Content which you submit, post, or display on or through, the Services. By submitting, posting, or displaying the content, you give Bridge Winners a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display, and distribute any Content which you submit, post or display on or through, the Services. This license is for the sole purpose of enabling Bridge Winners to display, distribute, and promote the Services and may be revoked for certain Services as defined in the Additional Terms of those Services.
8.2 You agree that this license includes a right for Bridge Winners to make such Content available to other companies, organizations, or individuals with whom Bridge Winners has relationships for the provision of syndicated services, and to use such Content in connection with the provision of those services.
8.3 You understand that Bridge Winners, in performing the required technical steps to provide the Services to our users, may (a) transmit or distribute your Content over various public networks and in various media; and (b) make such changes to your Content as are necessary to conform and adapt that Content to the technical requirements of connecting networks, devices, services or media. You agree that this license shall permit Bridge Winners to take these actions.
8.4 You confirm and warrant to Bridge Winners that you have all the rights, power and authority necessary to grant the above license.
9. Software updates
9.1 The Software which you use may, over time, automatically download and install updates from Bridge Winners. These updates are designed to improve, enhance, and further develop the Services and may take the form of bug fixes, enhanced functions, new software modules, and completely new versions. You agree to receive such updates (and permit Bridge Winners to deliver these to you) as part of your use of the Services.
10. Ending your relationship with Bridge Winners and disciplinary action
10.1 The Terms will continue to apply unless Bridge Winners decides to terminate your use of the Services.
10.2 If you decide that you no longer wish to use the Services, you may notify us that you wish to deactivate your account. Your profile will remain, but users will see that your account is inactive. All public content that you have previously created will remain visible, unless Bridge Winners decides otherwise. You will no longer have access to your account, including any convention cards or other items saved in your profile. If you reconsider and wish to reactivate your account, then Bridge Winners will have the sole discretion as to whether to reactivate your account and allow you to use the Services again.
10.3 Bridge Winners may at any time terminate your access to the Services. Bridge Winners may do this at its sole discretion for any reason. Possible reasons for terminating your access to the Services include, but are not limited to:
(A) you have breached any provision of the Terms (or have acted in manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the Terms); or
(B) Bridge Winners believes you are negatively impacting the community and others use of the Services; or
(C) Bridge Winners is required to do so by law (for example, where the provision of the Services to you is, or becomes, unlawful); or
(D) the partner with whom Bridge Winners offered the Services to you has terminated its relationship with Bridge Winners or ceased to offer the Services to you; or
(E) Bridge Winners is transitioning to no longer providing the Services to users in the country in which you are resident or from which you use the service; or
(F) the provision of the Services to you by Bridge Winners is, in Bridge Winners' opinion, no longer commercially viable.
10.4 Nothing in this Section shall affect Bridge Winners' rights regarding provision of Services under Section 4 of the Terms.
10.5 Bridge Winners has the right to temporarily or permanently suspend any user from posting content or using the Services for any reason whatsoever.
11. EXCLUSION OF WARRANTIES AND LIABILITY
11.1 NOTHING IN THESE TERMS, SHALL EXCLUDE OR LIMIT BRIDGE WINNERS' WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
11.2 YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED "AS IS" AND “AS AVAILABLE.”
11.3 IN PARTICULAR, BRIDGE WINNERS, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT:
(A) YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS,
(B) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR,
(C) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, AND
(D) THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICES WILL BE CORRECTED.
11.4 ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
11.5 NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM BRIDGE WINNERS OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
11.6 BRIDGE WINNERS FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
11.7 YOU EXPRESSLY UNDERSTAND AND AGREE THAT BRIDGE WINNERS, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU FOR:
(A) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS;
(B) ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF:
(I) ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE SERVICES;
(II) ANY CHANGES WHICH BRIDGE WINNERS MAY MAKE TO THE SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR ANY FEATURES WITHIN THE SERVICES);
(III) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICES;
12.1 Some of the Services are supported by advertising revenue and may display advertisements and promotions. These advertisements may be targeted to the content of information stored on the Services, queries made through the Services or other information.
12.2 In consideration for Bridge Winners granting you access to and use of the Services, you agree that Bridge Winners may place such advertising on the Services.
13. General Legal Items
13.1 Sometimes when you use the Services, you may (as a result of, or through your use of the Services) use a service or download a piece of software, or purchase goods, which are provided by another person or company. Your use of these other services, software or goods may be subject to separate terms between you and the company or person concerned. If so, the Terms do not affect your legal relationship with these other companies or individuals.
13.2 The Terms constitute the whole legal agreement between you and Bridge Winners and govern your use of the Services (but excluding any services which Bridge Winners may provide to you under a separate written agreement), and completely replace any prior agreements between you and Bridge Winners in relation to the Services.
13.3 You agree that Bridge Winners may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Services.
13.4 Bridge Winners may modify the Terms of Service, or any part thereof, or add or remove terms at any time. Bridge Winners will notify you of any updates to the Terms. Your use of the Services after such posting shall be deemed to constitute acceptance by you of such modifications, additions or deletions.
13.5 You agree that if Bridge Winners does not exercise or enforce any legal right or remedy which is contained in the Terms (or which Bridge Winners has the benefit of under any applicable law), this will not be taken to be a formal waiver of Bridge Winners' rights and that those rights or remedies will still be available to Bridge Winners.
13.6 If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.
13.7 You acknowledge and agree that any company of which Bridge Winners is the parent shall be third party beneficiaries to the Terms and that such other companies shall be entitled to directly enforce, and rely upon, any provision of the Terms which confers a benefit on (or rights in favor of) them. Other than this, no other person or company shall be third party beneficiaries to the Terms.
13.8 The Terms, and your relationship with Bridge Winners under the Terms, shall be governed by the laws of the State of Florida without regard to its conflict of laws provisions. You and Bridge Winners agree to submit to the exclusive jurisdiction of the courts located within Florida to resolve any legal matter arising from the Terms. Notwithstanding this, you agree that Bridge Winners shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
14. Dispute Resolution/Arbitration
PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS. In order to expedite and control the cost of disputes, you and Bridge Winners agree that any legal or equitable claim arising out of or relating in any way to your use of the Services or these TOS, and the formation, validity, enforceability, scope, or applicability of this TOS, including this Section 14 (referred to as a “Claim”) will be resolved as follows:
14.1 Informal Resolution. We will first try to resolve any Claim informally. Accordingly, neither of us may start a formal proceeding (except for Claims described in Section 14.4 below) for at least 30 days after one of us notifies the other of a Claim in writing. Notice of the Claim will include a brief written statement that sets forth the name, address, and contact information of the party giving it, the facts giving rise to the dispute, claim, or controversy and the relief requested. You will send your notice by email to firstname.lastname@example.org AND to the address listed directly below.
1140 Vintner Blvd.
Palm Beach Gardens, FL 33410
14.2 Formal Resolution. Except as provided in Section 14.4, if we cannot resolve a Claim informally, any Claim either of us asserts will be resolved only by binding arbitration and not in courts of general jurisdiction. The arbitration will be conducted under the rules of JAMS that are in effect at the time the arbitration is initiated (referred to as the “JAMS Rules”) and under the rules set forth in this TOS. If there is a conflict between JAMS Rules and the rules set forth in this TOS, the rules set forth in this TOS will govern. ARBITRATION MEANS THAT YOU WAIVE YOUR RIGHT TO A JURY TRIAL. You may, in arbitration, seek any and all remedies otherwise available to you pursuant to your state’s law.
If you decide to initiate arbitration on behalf of yourself or legal entity you represent, you will be required to pay the arbitration initiation fee as well as any additional deposit required by JAMS to initiate your arbitration. You also agree to pay the costs of the arbitration proceeding. Other fees, such as attorney’s fees and expenses of travel to the arbitration, will be paid in accordance with JAMS Rules. The arbitration will be held in Palm Beach Gardens, FL or other location decided by Bridge Winners unless you and Bridge Winners both agree to another location or telephonic arbitration. To start an arbitration, you or we must do the following things:
(1) Write a Demand for Arbitration. The demand must include a description of the Claim and the amount of damages sought to be recovered. You can find a copy of a Demand for Arbitration at www.jamsadr.com
(2) Send three copies of the Demand for Arbitration, plus the appropriate filing fee, to:
500 North State College Blvd., Suite 600
Orange, CA 92868
(3) Send one copy of the demand for arbitration to us at the U.S. mailing address noted above.
14.3 Special Rules. The arbitrator’s decision is final and binding on all parties and may be enforced in any federal or state court that has jurisdiction. No state statutes pertaining to arbitration shall be applicable under this arbitration provision, except to the extent required by law. Neither you nor we shall be entitled to join or consolidate claims in arbitration by or against other individuals or entities, or arbitrate any claim as a representative member of a class or in a private attorney general capacity. Accordingly, you and we agree that the JAMS Class Action Procedures do not apply to our arbitration. A court may sever any portion of Section 14 that it finds to be unenforceable, except for the prohibition on class, representative and private attorney general arbitration.
14.4 Exceptions. Notwithstanding the foregoing, the notice and 30-day negotiation period required by this paragraph shall not apply, however, to disputes, claims, or controversies concerning patents, copyrights, moral rights, trademarks, and trade secrets and claims of piracy or unauthorized use of the Service, including disputes involving a violation of the Communications Act of 1934, 47 U.S.C. § 605, or the Digital Millennium Copyright Act, 17 U.S.C. § 1201, or the Electronic Communications Privacy Act, 18 U.S.C. §§ 2510-2521, or any other statement or law governing theft of service, may be decided only by a court of competent jurisdiction.
14.5 Right to Opt Out. If you are a User, you have the right to opt-out and not be bound by the binding arbitration requirement by sending written notice of your decision to opt-out to the Email address email@example.com AND by U.S. Mail to Bridge Winners, Inc., 1140 Vintner Blvd. Palm Beach Gardens, FL 33410. The notice must be sent within the later of 30 days of December 1, 2016 or your first use of the Services, whichever is later. If you opt-out of the binding arbitration requirement, Bridge Winners also will not be bound by the requirement.
14.6 Changes to this Section. Bridge Winners will provide 30 days’ notice of any changes to this section. Changes will become effective on the 30th day, and will apply prospectively only to any claims arising after the 30th day.
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