At BBMD, we collect personally identifiable information (“PII”) and non-personally identifiable (“Non-PII”) information from you. Personally, identifiable information is information that can be used to identify you personally. Non-personally identifiable information is information that must be combined with other information to identify you personally.
You will not be required to provide us with any information when you visit our Platform. However, in order to fully use our Platform, we may collect PII such as your name, phone number, email address, physical and mailing address, image and likeness, your location, date of birth, social security number, social media profile information, license information, financial and payment information, tax information, business and work history information. Where any financial and payment information is submitted, all such information is stored and secured by our third party payment processor.
Whenever you use our website, we may collect non-identifying information from you, such as, zip code, age, gender, browsing history, search history, and registration history, interactions with the website, location, referring URL, browser, operating system, data usage, data transferred, cell phone provider, and Internet Service Provider. As we value your privacy, only anonymized interactions will be collected through the Platform. We may also collect information including but not limited to postings you make on the public areas of our website, messages you send to us, and correspondence we receive from other members or third parties about your activities or postings.
Some of your information will be visible to other users of the Platform to facilitate communication between users. We will never sell your information without your permission; however, you agree that we may use your information in the following ways:
Where you have created an account, you will be able to access and edit your PII through your account dashboard. If you have any questions or wish to review, change, or access any other PII or Non-PII collected by us, please contact us through the Platform. Additionally, if you wish to opt out of our data collection practices or would like us to remove any of your PII or Non-PII, please contact us through the Platform. After you have requested PII deletion we may keep non-accessible copies of your PII for legal purposes.
When accessing the Platform via a web browser cookies may be loaded onto your web browser. Cookies are small pieces of code that help us remember your computer and your preferences, identify you, and understand your advertising preferences. If you wish to reject any of our cookies please update your web browser settings. Some of the cookies may be accessible to third parties. Please be aware that disabling cookies through your web browser may affect your user experience.
Although you are entering into an Agreement with BBMD to disclose your information to us, we do use third party individuals and organizations to assist us, including contractors, web hosts, and others to allow you to access the Platform
If you decide to provide us with your contact information, you agree that we may send you communications via emails or other electronic means. However, you may unsubscribe from certain communications by notifying BBMD that you no longer wish to receive these communications. Upon receiving your request we will endeavor to promptly remove you from our lists. We currently do not offer functionality for you to opt out through “do not track” listings. If you wish to opt out of certain communications or information collection, please contact us through the Platform.
BBMD or other users may post links to third party websites on Platform, which may include information that we have no control over. When accessing a third party site through our Platform, you acknowledge that you are aware that these third party websites are not screened for privacy or security issues by us, and you release us from any liability for the conduct of these third party websites.
We make reasonable attempts to protect your information by using physical and electronic safeguards such as SSL certificates and vulnerability scanning. However, as this is the Internet, we can make no guarantees as to the security or privacy of your information. For this reason, we recommend that you use anti-virus software, routine credit checks, firewalls, and other precautions to protect yourself from security and privacy threats.
We intend to fully comply with American and international laws respecting children’s privacy including COPPA. Therefore, we do not collect or process any information for any persons under the age of 18. If you are under 18 and using our Platform, please stop immediately and do not submit any information to us. In the event that we have inadvertently collected any information from users under the age of 18 please contact us immediately.
In the event that BBMD is involved in a bankruptcy, merger, acquisition, reorganization or sale of assets, your information may be sold or transferred as part of that transaction. Please be aware that once the information is transferred your privacy rights may change.
B&B Maitre D Service Provider Agreement
This Service Provider Agreement (“Agreement”) sets forth the terms and conditions for You (“You”, “Your”, or “Service Provider”), an independent service provider fully licensed (to the extent required by law) to provide the service provider services (“SP Services”) to users (“Users”) of the B&B Maitre D platform (“Platform”). This is an Agreement made between You and B&B Maitre D' LLC (“BBMD”) the provider of the Platform. You must agree to this Agreement and the BBMD User Terms of Service. Where no definitions are given in this Agreement, please refer to the BBMD Terms of Service (“TOS”). Where the BBMD Terms of Service and this Agreement directly conflict, this Agreement shall control. You acknowledge and agree that BBMD is merely providing a technology Platform that allows You to find Users. BBMD does not provide any SP Services or employment services for Service Providers, BBMD does not recommend, endorse, or otherwise refer any users to Service Provider. Please be aware that THIS AGREEMENT CONTAINS ARBITRATION, CLASS ACTION, AND PRIVATE ATTORNEY GENERAL ACTION WAIVERS THAT MAY AFFECT YOUR RIGHTS. Please read all portions of this Agreement carefully.
In order for Service Providers to offer SP Services, You must create a Service Provider account. You must fully complete the registration process by providing us with Your current, complete, truthful, and accurate information as prompted by the applicable registration form and You must be 18 years of age or older to create a Service Provider account. Where required, BBMD may also assign You a username and password. You are entirely responsible for maintaining the confidentiality of Your password and account and for any and all activities that occur under Your account. You agree to notify BBMD immediately of any unauthorized use of Your account or any other breach of security. BBMD will not be liable for any losses You incur as a result of someone else using Your password or account, either with or without Your knowledge. If You are agreeing to this Agreement on behalf of a company or other legal entity, You represent and warrant that You have the authority to bind that company or other legal entity to all material terms of this Agreement. You could be held liable for losses incurred by BBMD or another party due to someone else using Your account or password. You may not use anyone else's account at any time. Service Providers may only register for one account per person, company, or legal entity. BBMD has the sole discretion in granting or denying any accounts.
Service Provider providing any SP Services represents and warrants the following: (1) Service Provider is an independent service provider and is willing to undertake all SP Services without direction or support from BBMD; (2) Service Provider shall provide all materials and expenses related to the provision of any SP Services to a User; (3) the SP Services offered do not violate any US state or federal laws or any third party agreements; (4) Service Provider shall perform the SP Services in a professional and diligent manner in accordance with industry best practices and standards for similar SP Services; (5) Service Provider is customarily engaged in an independently established trade, occupation, profession and/or business offering the SP Services to the general public and/or maintains a principal place of business in connection with Service Provider’s trade, occupation, profession and/or business that is eligible for a business deduction for federal income tax purposes; and (6) Service Provider will in good faith abide by this Agreement and all other laws, rules, or regulations regarding the SP Services offered on the Platform.
At all times while this Agreement is in effect, Service Provider shall be free from control and direction in the performance of the SP Services. BBMD shall not control or have any right to control the manner or means by which Service Provider performs the SP Services, including but not limited to the time and place Service Provider performs the SP Services, any selection of Users, the tools and materials used by Service Provider to complete the SP Services, third parties hired by Service Provider to assist in the SP Services (if any), or the manner in which Service Provider completes the SP Services. BBMD will not and has no right to, under any circumstances, inspect Service Provider's work for quality purposes. Those provisions of the Agreement reserving ultimate authority in BBMD have been inserted solely to achieve compliance with federal, state, or local laws, regulations, and interpretations.
As a Service Provider, You may offer any SP Services as permitted by the Platform. The BBMD Platform constitutes a communications and scheduling platform for Users seeking SP Services and for Service Providers who seek to provide any SP Services to Users. You understand that we do not direct, employ, or control You as a Service Provider offering any SP Services. We merely make this Platform available so that You may schedule and collect payment for any Users wishing to use Your SP Services by hiring You for a Job (defined below). SERVICE PROVIDER ACKNOWLEDGES THAT BBMD IS MERELY A PLATFORM AND DOES NOT RECOMMEND OR ENDORSE ANY USERS. Please be aware that we are not required to host, display, migrate or distribute any materials related to Your SP Services including any User Content and we may refuse to accept or transmit any User Content submitted by a Service Provider or any information relating to the SP Services. You agree that You are solely responsible for the SP Services and release us from any liability associated with any SP Services submitted. Any SP Services found to be in violation of this Agreement, the TOS, or that we determine to be harmful to the Platform may be modified or removed at our discretion. You must abide by all portions of this Agreement and the TOS when using our Platform. The manner and means of performing the SP Services will be determined and controlled solely by You, the Service Provider, which is engaged by User as an independent contractor.
In order to submit any User Content as defined by the BBMD TOS, Service Provider must abide by all provisions set forth in the BBMD TOS. Additionally Service Provider represents and warrants the following: (1) Service Provider owns or has properly licensed all User Content provided; (2) the User Content does not and will not infringe on any copyright, moral right, trademark or other intellectual property right and will not violate any right of privacy or right of publicity; (3) the User Content offered does not violate any US state or federal laws or any third party agreements; (4) Service Provider has the sole, exclusive and unencumbered ownership of all rights of every kind and character throughout the universe in and to the User Content and has clear title to any other subsidiary materials contained in the User Content; (5) Service Provider has the absolute right to grant to BBMD, all rights, licenses, and privileges granted to or vested in BBMD under this Agreement or the TOS; (6) Service Provider has obtained all clearances and paid all monies necessary for BBMD to exercise the license granted herein and there will not be any other rights to be cleared or any payments required to be made by BBMD as a result of any use of the User Content; and (7) All of the individuals and entities connected with the production of the User Content, and all of the individuals and entities whose names, voices, photographs, likenesses, appearance, works, services and other materials appear or have been used in the User Content, have authorized and approved Service Provider’s use thereof, and BBMD shall have the right to use all names, voices, photographs, likenesses, appearance and performances contained in the User Content in connection with the exploitation, promotion, and use of the license granted within the TOS.
Before receiving access to the Platform, Service Provider may be required to submit to and pass a background check through BBMD’s third-party background check provider. After receiving access to the Platform, BBMD may conduct additional background checks on Service Provider through BBMD’s background check provider. BBMD shall have no liability to Service Provider for any background checks conducted or omitted; however, where a background check is used, BBMD shall conduct the background checks in accordance with applicable law. Service Provider understands, that by using the BBMD Platform, Service Provider will be introduced to third parties in relation to whom BBMD has not conducted any background or reference checking, that may be potentially dangerous, and that Service Provider uses the BBMD Platform at its own risk.
Users may post jobs on the Platform, stating the specific type of SP Services they are looking for (the Jobs). Jobs may contain additional information such as location, pricing, and estimated time to complete the Job (collectively “Work Details”). The Service Provider shall have the opportunity to review the Job and the associated Work Details through the Platform and book any Jobs that appear to fit the Service Provider’s expertise and experience. Service Provider is not required to review or agree to any Jobs posted on the Platform. Once a Service Provider selects a Job, Service Provider may communicate with the User regarding any and all remaining details related to the Job, including but not limited to cancellation policies, materials provided, and other specifications. The User and Service Provider is solely responsible for negotiating all terms of the Job. Once the Job and all other details have been negotiated by User and Service Provider, the platform will confirm the Job has been booked. Once a Job is booked, a contract is formed directly between the User and Service Provider for Service Provider to complete the Job and provide the SP Services, BBMD is not a party to any contract created between Service Provider and User.
You acknowledge and agree that Your provision of the SP Services to Users creates a direct contractual relationship solely between You and the User. BBMD is not responsible or liable for the actions or inactions of a User in relation to You, Your activities, or any SP Services provided. BBMD is not a party to any contracts entered between You and any Users for any Jobs. You shall have the sole responsibility for any obligations or liabilities to Users or third parties that arise from Your provision of the SP Services while performing a Job. Service Provider acknowledges and agrees that You are solely responsible for taking any and all precautions as may be reasonable and proper (including maintaining adequate insurance that meets the requirements of all applicable laws) regarding any acts or omissions of a User or third party. You acknowledge and agree that BBMD may release Your contact information to Users in order for Service Provider to provide the SP Services and/or for insurance purposes upon such User’s reasonable request.
Service Provider understands that in performing the SP Services, he or she may receive certain private and/or confidential information regarding BBMD Users including but not limited to telephone, address, and other contact information. Except where compelled by a judicial authority or law enforcement having jurisdiction, or upon written consent by the User, Service Provider agrees that he or she shall not publish, disseminate or disclose, for any purposes, the confidential and private information regarding any Users, including addresses, telephone numbers and/or financial information. Service Provider further agrees not to engage in any activity which violates the privacy of any User, including, but not limited to, taking unauthorized photographs or making unauthorized audio or video recordings of a User, without the User’s permission.
It is the Service Provider’s sole responsibility to maintain in full force and effect adequate workers' compensation (or, if permitted by law, occupational accident insurance), unemployment, liability, and other forms of insurance, with policy limits sufficient to protect and indemnify BBMD and its affiliates, and each of their officers, directors, agents, employees, subsidiaries, partners, members, controlling persons, and successors and assigns, from any losses resulting from the conduct, acts, or omissions of Service Provider or Service Provider's assistants, agents, contractors, servants, or employees. BBMD may at its discretion maintain during the term of this Agreement insurance related to Your provision of the SP Services as determined solely by BBMD, provided that BBMD is not required to provide Service Provider with any specific insurance coverage for any specific losses. Where any insurance is provided and where necessary, You must promptly notify us of any issues that occur and provide us with any necessary information to process any such insurance claim, failure to do so may invalidate any permissive coverage offered.
We may terminate or suspend Your account if we determine that: (1) You have violated any applicable laws while using our Platform; (2) If You have violated this Agreement or any other of our Platform policies; (3) if we believe Your actions while using the Platform have harmed or will harm a third party, (4) where You have failed consistently perform any SP Services in a satisfactory manner as reported by Users; or (5) if we believe that any of Your actions may harm BBMD, at our sole decision or discretion. In the event of termination, we will strive to provide You with a timely explanation; however, we are not required to do so. As a Service Provider if You wish to terminate Your Service Provider account please notify us or use Your account dashboard to terminate the account. Please be aware that once Your account is terminated, all access and information including SP Services in Your existing account may become immediately inaccessible or deleted, where this occurs we shall have no liability to You. Failure to terminate Your account for any reason does not act as a waiver of Your conduct. Upon termination, all portions of this Agreement shall survive in accordance with the survival provisions of this Agreement. Upon termination of this Agreement for any reason, Service Provider shall complete any outstanding Jobs previously booked on the Platform and BBMD shall pay Service Provider for all previously booked and properly completed Jobs in accordance with the payment provisions.
Service Provider acknowledges and agrees that the Service Provider fee (“SP Fee”) is the only payment You will receive in connection with the provision of SP Services for any Jobs agreed upon. Service Providers are free to negotiate any SP Fees contemplated for the SP Services or any Jobs provided to a User. All such SP Fees are set at the sole discretion of Service Provider and must be agreed upon solely by and between Service Provider and User. Where any SP Fees are agreed upon but where Service Provider requires additional payment to facilitate any additional SP Services, Service Provider, and User may negotiate an increase in any SP Fees based on any additional services offered or based on the additional Work Details for the Job. Upon agreement, Service Provider and User shall update the information related to the scheduled SP Fees collected by BBMD.
Service Provider: (a) appoints BBMD as Your limited payment collection agent solely for the purpose of accepting and refunding the SP Fee, applicable expenses, fees and taxes from the User on Your behalf via our Platform’s third party payment processor; and (n) agrees that payment made by User to BBMD or its affiliate shall be considered the same as payment made directly by the User to You, the Service Provider. Service Provider agrees that BBMD cannot compel any Users to make payments and as such BBMD shall not be responsible for any unpaid or partial payments made by Users. Both the Service Providers and BBMD agree that no other agency relationship is formed between BBMD and Service Provider.
Once payment for any SP Services has been received and the SP Services have been provided to User, BBMD shall hold such payments for a reasonable period of time to verify payment. Service Provider must complete the Job before payments shall be released to the Service Provider’s account. After such time period, Service Provider shall be issued payment, by our third party payment processor, in the method provided for by BBMD within a reasonable time period after the SP Services are provided. Where a third party processor issues payment for BBMD, Service Provider must agree to that third party processor’s payment policies before any payments may be rendered. BBMD shall deduct a service fee, processing fees, taxes and other deductions (“BBMD Fee”) as necessary from all payments made to Service Provider. More information regarding the BBMD Fee can be found in the Service Provider’s account dashboard or by contacting BBMD. BBMD reserves the right to change and alter any BBMD Fees at any time, if BBMD alters such BBMD Fee it shall contact Service Provider and provide notice before any such increase in BBMD Fees are initiated. In the event of a dispute between Service Provider and BBMD, Service Provider agrees that BBMD may withhold all funds until such dispute is resolved.
Where a User cancels a confirmed Job for any SP Services, BBMD shall collect any cancellation fees or liquidated damages as negotiated by User and Service Provider or as stated within the TOS.
Where Service Provider cancels any scheduled Jobs for the SP Services or fails to perform a Job in accordance with the specifications set forth by the User, Service Provider agrees that BBMD may collect any cancellation or refund fees as agreed upon between User and Service Provider. In addition, Service Provider agrees that BBMD may collect liquidated damages or the cost of replacement services for a Job from any payment method that Service Provider has on file or from any collected or future SP Fees that Service Provider has earned. Service Provider understands and agrees that Service Provider's cancellation of a confirmed Job or failure to complete a confirmed Job in accordance with User's specifications constitutes a material breach of this Agreement and may result in termination of this Agreement, unless Service Provider cures the breach either through a reduced SP Service Fee or completion of the Job, to the satisfaction of the User.
Where a refund to a User is required in accordance with this Agreement, and where Service Provider has been already paid, Service Provider agrees that BBMD will be entitled to recover the amount of any such refund from You, including by subtracting such refund amount out from any future SP Fees due to You. Where there is an unresolved issue with a User, Service Provider agrees that BBMD may charge Your payment method on file or withhold future payments for such unresolved issues. Where either BBMD or a User cancels any scheduled SP Services, You agree that BBMD will have no liability to You aside from any obligations stated in this Agreement.
In order for BBMD to comply with US tax laws, Service Providers may be required to submit W-9, 1099 forms, or other tax documents. Service Provider agrees to comply with any requests to submit any tax documentation, as requested by BBMD and shall reasonably assist BBMD with any requests related to its tax compliance. Service Provider agrees that BBMD cannot and will not provide Service Provider with any tax advice, any such questions should be directed to Service Provider’s tax attorney or other tax professional.
From time to time, BBMD may place a hold (“Hold”) on a Service Provider’s account. Some of the reasons that we may place a Hold on Service Provider’s account include but are not limited to the following: (1) if we have reason to believe that Your SP Services or Your actions have violated this Agreement, may harm our business, are deceptive, misleading, unlawful, or have harmed a third party or interfere with a third party contractual right; (2) at the request of our payment processors; or (3) if required in order to comply with a court order, subpoena, writ, injunction, or as otherwise required under applicable laws and regulations. If You have questions about a Hold we may have placed on Your account, or need information about how to resolve the Hold, please contact us. Additionally, we may suspend Service Provider’s access to the Platform or the offering of any SP Services while such Hold is in place.
Where Service Provider has not accessed its profile for an extended period of time, BBMD may suspend, make inactive, or otherwise archive Service Provider’s account (“Inactive Account”). If Service Provider wishes to reactivate the Inactive Account they must contact BBMD through the Platform.
Where a Service Provider has an Inactive Account, BBMD may maintain the account at its discretion. However, any Inactive Accounts may be removed or deleted at the sole discretion of BBMD. Where Service Provider has an Inactive Account, BBMD shall have no liability to Service Provider in relation to any loss of materials from such Inactive Account and shall have no duty to maintain any Inactive Account.
BBMD PROVIDES THE PLATFORM AND ANY RELATED SERVICES ON AN "AS IS" AND "AS AVAILABLE" BASIS. BBMD DOES NOT REPRESENT, WARRANT OR GUARANTEE THAT YOUR ACCESS TO OR USE OF THE PLATFORM: (A) WILL BE UNINTERRUPTED, VIRUS-FREE, AVAILABLE AT ALL TIMES, OR ERROR-FREE; OR (B) WILL RESULT IN THE BOOKING OF ANY SP SERVICES PROVIDED. BBMD FUNCTIONS SOLELY TO ASSIST IN SCHEDULING SP SERVICES, BBMD MAKES NO WARRANTIES OR GUARANTEES AS TO THE ACTIONS OR INACTIONS OF THE USERS WHO MAY REQUEST OR USE THE SP SERVICES FROM YOU, AND BBMD DOES NOT SCREEN OR OTHERWISE EVALUATE USERS. YOU ARE ADVISED TO TAKE REASONABLE PRECAUTIONS WITH RESPECT TO INTERACTIONS WITH THIRD PARTIES ENCOUNTERED IN CONNECTION WITH THE USE OF THE SP SERVICES OR THIS PLATFORM. NOTWITHSTANDING BBMD’S APPOINTMENT AS THE LIMITED PAYMENT AGENT FOR THE PURPOSE OF ACCEPTING PAYMENT FROM USERS ON YOUR BEHALF AS SET FORTH IN THIS AGREEMENT, BBMD DISCLAIMS ALL LIABILITY FOR ANY ACT OR OMISSION BY YOU, ANY USER OR OTHER THIRD PARTY. BBMD MAKES NO WARRANTIES, EXPRESS OR IMPLIED, BY OPERATION OF LAW OR OTHERWISE, AND EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. Additionally, BBMD DOES NOT REPRESENT OR WARRANT ANY INFORMATION WILL BE CORRECT, COMPLETE, OR ACCURATE. SOME JURISDICTIONS LIMIT THE ABILITY TO DISCLAIM ALL WARRANTIES, SO THIS CLAUSE OR SOME PORTIONS OF THIS CLAUSE MAY NOT APPLY TO YOU.
BBMD NOT BE LIABLE UNDER OR RELATED TO THIS AGREEMENT FOR ANY OF THE FOLLOWING, WHETHER BASED ON CONTRACT, TORT OR ANY OTHER LEGAL THEORY, INCLUDING NEGLIGENCE, EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES: (A) ANY INCIDENTAL, PUNITIVE, SPECIAL, EXEMPLARY, CONSEQUENTIAL, OR OTHER INDIRECT DAMAGES OF ANY TYPE OR KIND; OR (B) YOUR OR ANY THIRD PARTY’S PROPERTY DAMAGE, OR LOSS OR INACCURACY OF DATA, OR LOSS OF BUSINESS, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE. EXCEPT FOR COMPANY’S OBLIGATIONS TO PAY AMOUNTS DUE TO YOU PURSUANT TO OUR PAYMENTS SECTION, BUT SUBJECT TO ANY LIMITATIONS OR OTHER PROVISIONS CONTAINED IN THIS AGREEMENT WHICH ARE APPLICABLE THERETO, IN NO EVENT SHALL THE LIABILITY OF BBMD UNDER THIS AGREEMENT EXCEED THE AMOUNT OF FEES ACTUALLY PAID TO OR DUE TO SERVICE PROVIDER HEREUNDER IN THE SIX (6) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM OR ONE HUNDRED ($100) USD.
YOU UNDERSTAND AND AGREE THAT YOU AND BBMD MAY EACH BRING CLAIMS IN ARBITRATION AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT ON A CLASS, COLLECTIVE ACTION, OR REPRESENTATIVE BASIS (“CLASS ACTION WAIVER”). YOU UNDERSTAND AND AGREE THAT YOU AND BBMD BOTH ARE WAIVING THE RIGHT TO PURSUE OR HAVE A DISPUTE RESOLVED AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE OR REPRESENTATIVE PROCEEDING. NOTWITHSTANDING THE FOREGOING, THIS SUBSECTION (B) SHALL NOT APPLY TO REPRESENTATIVE PRIVATE ATTORNEYS GENERAL ACT CLAIMS BROUGHT AGAINST BBMD, WHICH ARE ADDRESSED SEPARATELY.
Notwithstanding any other provision of this Agreement, the Arbitration provisions or any associated rules or the disputes regarding the scope, applicability, enforceability, revocability or validity of the Class Action Waiver may be resolved only by a civil court of competent jurisdiction and not by an arbitrator. In any case in which: (1) the dispute is filed as a class, collective, or representative action and (2) there is a final judicial determination that the Class Action Waiver is unenforceable as to any Disputes (defined below), the class, collective, and/or representative action on such Disputes must be litigated in a civil court of competent jurisdiction, but the Class Action Waiver shall be enforced in arbitration on an individual basis as to all other Claims to the fullest extent possible.
Notwithstanding any other provision of this Agreement or the Arbitration Agreement, to the fullest extent permitted by law: (1) You and BBMD agree not to bring a representative action on behalf of others under the Private Attorneys General Act of 2004 (“PAGA”), California Labor Code § 2698 et seq., in any court or in arbitration, and (2) for any claim brought on a private attorney general basis, including under the California PAGA, both You and BBMD agree that any such dispute shall be resolved in arbitration on an individual basis only (i.e., to resolve whether You have personally been aggrieved or subject to any violations of law), and that such an action may not be used to resolve the claims or rights of other individuals in a single or collective proceeding (i.e., to resolve whether other individuals have been aggrieved or subject to any violations of law) (collectively, “representative PAGA Waiver”). Notwithstanding any other provision of this Agreement, the arbitration section or the associated rules, disputes regarding the scope, applicability, enforceability, revocability or validity of this representative PAGA Waiver may be resolved only by a civil court of competent jurisdiction and not by an arbitrator. If any provision of this representative PAGA Waiver is found to be unenforceable or unlawful for any reason: (i) the unenforceable provision shall be severed from this Agreement; (ii) severance of the unenforceable provision shall have no impact whatsoever on any arbitration provisions or the requirement that any remaining Claims be arbitrated on an individual basis pursuant to the arbitration provisions; and (iii) any such representative PAGA or other representative private attorneys general act claims must be litigated in a civil court of competent jurisdiction and not in arbitration. To the extent that there are any Disputes to be litigated in a civil court of competent jurisdiction because a civil court of competent jurisdiction determines that the representative PAGA Waiver is unenforceable with respect to those Disputes, the parties agree that litigation of those Disputes shall stay pending the outcome of any individual Disputes in arbitration.
This Agreement and any dispute arising out of or in connection with this Agreement (“Dispute”) will be governed as to all matters, including, but not limited to the validity, construction and performance of this Agreement, by and under the laws of the state of Arizona, without giving effect to conflict of laws principles thereof. ?
You agree that any dispute relating in any way to your use of the Platform shall be submitted to confidential binding arbitration. If there is a dispute about whether this arbitration provision can be enforced or applies to the Dispute, You and BBMD agree that the arbitrator will decide that issue. However, any claim that all or part of this Class Action Waiver and/or PAGA Waiver is unenforceable, unconscionable, void or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator.
Arbitration under this Agreement is under the Federal Arbitration Act which governs the interpretation and enforcement of this provision. The arbitration will be administered by AAA in accordance with the Consumer Arbitration Rules (the “Rules”) then in effect, except as modified here. The arbitration shall be conducted by one (1) arbitrator as selected pursuant to the Rules; the arbitrator's award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. The location of the arbitration shall be Yavapai County, AZ or a location agreed upon by the parties. Where a Dispute does not exceed $15,000 such Dispute shall be arbitrated solely via pleadings and documents. Each party shall be responsible for their own arbitration fees and costs. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class action proceedings or otherwise. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to or connected with the use of the Platform or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever banned (the foregoing time limitation is not applicable to residents of New Jersey). This arbitration provision does not apply to users located outside of the United States. In the event that the law does not permit the abovementioned dispute to be resolved through arbitration, you agree that any actions shall be brought solely in a court of competent jurisdiction located within or otherwise nearest to Yavapai County, AZ. For a copy of the Rules, please visit www.adr.org or by calling the AAA at 1–800–778–7879.
The user has the right to opt out of binding arbitration within thirty (30) days of the date You first accepted this Agreement by notifying us via mail at 208 South Abilene Trail, Unit A, Prescott, AZ 86303. In order to be effective, the opt-out notice must include Your full name, any account information, and must clearly indicate Your intent to opt out of binding arbitration. If You have decided to opt-out of Binding Arbitration, all Disputes after an attempt at Mediation shall be heard in a court of competent jurisdiction located within Yavapai County, AZ.
Exceptions to Arbitration
User agrees that all Disputes shall be arbitrated, except for as provided above and as follows: (i) Any claim related to actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights; (ii) Any claim seeking emergency injunctive relief based on exigent circumstances such as, imminent danger or commission of a crime. Such claims shall be brought before a judicial proceeding in a court of competent jurisdiction located within Yavapai County, AZ
You agree to release, defend, indemnify, and hold BBMD and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (i) Your breach of this Agreement, (ii) Your improper use of the BBMD Platform or any services provided, (iii) Your interaction with any User, Service Provider, or other third party including without limitation any injuries, losses or damages of any kind arising in connection with or as a result of such interaction, (iv) Your breach of any laws, regulations or third party rights. You agree that this indemnity extends to requiring You to pay for our reasonable attorneys’ fees, court costs, and disbursements. In the event of a claim such as one described in this paragraph, we may elect to choose counsel and settle with the party/parties making the claim and You shall be liable for the damages as though we had proceeded with a trial.
Service Provider is solely responsible for any costs or expenses incurred by Service Provider in connection with the operation of Service Provider’s principal place of business and the performance of the SP Services, and in no event shall BBMD reimburse, or be required to reimburse, Service Provider for any tools, materials, costs or expenses used in connection with the SP Services. Service Provider shall furnish and maintain, at Service Provider's own expense, the tools, equipment, supplies, and other materials used to perform the SP Services. Service Provider, at Service Provider's sole discretion, shall determine what equipment, supplies, and materials are necessary to perform the SP Services, and where, when, and at what cost, to purchase or maintain any necessary equipment, supplies, tools, and materials. At Service Provider's request, BBMD may offer to Service Provider certain equipment, supplies, and materials for purchase. Service Provider is not required to purchase any equipment, tools, supplies, or materials from BBMD at any time.
All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation of liability, disclaimer, indemnification, payment provisions, arbitration, PAGA and class action waivers, and ownership provisions.
In the event that a provision of this Agreement is found to be unlawful, conflicting with another provision of the Agreement, or otherwise unenforceable, the Agreement will remain in force as though it had been entered into without that unenforceable provision being included in it.
If two or more provisions of this Agreement or any other agreement You may have with BBMD are deemed to conflict with each other’s operation, You agree that BBMD shall have the sole right to elect which provision remains in force.
You may not assign Your rights and/or obligations under this Agreement to any other party without our prior written consent. We may assign our rights and/or obligations under this Agreement to any other party at our discretion.
We may amend this Agreement from time to time. When we amend this Agreement, we will update this page and indicate the date that it was last modified or we may email You. You may refuse to agree to the amendments, but if You do, You must immediately cease using our Platform.
Except as expressly provided for otherwise, this Agreement shall not be construed to create any association, partnership, joint venture, employee, worker or agency relationship between Service Provider and BBMD. Service Provider has no authority (and shall not hold himself or herself out as having authority) to bind BBMD and Service Provider shall not make any agreements or representations on BBMD's behalf without BBMD's prior written consent. Service Provider understands that Service Provider will not be eligible to participate in any benefit plans offered to BBMD's employees, including, but not limited to, vacation, group medical or life insurance, disability, profit sharing or retirement benefits or any other fringe benefits or benefit plans offered by BBMD to its employees. BBMD will not be responsible for withholding or paying any income, payroll, Social Security, or other federal, state, or local taxes, making any insurance contributions, including unemployment or disability, or obtaining workers' compensation insurance on Service Provider's behalf. Service Provider shall be responsible for and shall indemnify and hold BBMD harmless for any claims, suits, or actions related to this provision, including any such claims brought by Service Provider or by any third party with respect to any claims for taxes or contributions, including penalties and interest.