Effective: January 1, 2020
Last reviewed: April 24, 2020
These terms and conditions of use (“Terms” or “Agreement”) apply to the BFS Small Business Community platform located at community.bfscapital.com (“Website”), as well as any other materials, information, content, features, products or services located there (together, the “Service”). The Service, including the Website, is operated by Business Financial Services, Inc. d/b/a BFS Capital.
The Service is a platform that provides individuals with the ability to register as a member of the Service by setting up a personal account with us (“Member”). By setting up a personal account and becoming a Member, you will obtain access to a safe and informative space created for small business owners to learn from information and content located at the Service and connect and share with other Members.
Certain aspects of these Terms apply only to individuals who have registered as Members and can generally access the Service; however, if Company makes certain aspects of the Website public, aspects of these Terms will apply to the Website.
In these Terms, “we“, “us“, “our“, “Company”, and “BFS Capital” refers to Business Financial Services Inc. d/b/a BFS Capital, and “you” and “your” refers to you, a user or Member of the Service or, if applicable, a visitor to the Website.
THESE TERMS CONTAIN IMPORTANT LIMITATIONS ON REPRESENTATIONS, WARRANTIES, CONDITIONS, REMEDIES AND LIABILITIES THAT ARE APPLICABLE TO THE SERVICE OR THE WEBSITE. ACCORDINGLY, YOU SHOULD READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE WEBSITE OR THE SERVICE. BY CLICKING A BOX INDICATING YOUR ACCEPTANCE, YOU AGREE TO BE BOUND BY THE TERMS HEREOF. IF YOU DO NOT ACCEPT ALL OF THESE TERMS, THEN YOU MAY NOT USE THE SERVICE OR THE WEBSITE.
IF YOU ARE AN AGENT OR EMPLOYEE OF AN ENTITY YOU REPRESENT AND WARRANT THAT (I) THE INDIVIDUAL ACCEPTING THIS AGREEMENT IS AUTHORIZED TO ACCEPT THIS AGREEMENT ON SUCH ENTITY’S BEHALF AND TO BIND SUCH ENTITY, AND (II) SUCH ENTITY HAS FULL POWER, CORPORATE OR OTHERWISE, TO ENTER INTO THIS AGREEMENT AND PERFORM ITS OBLIGATIONS HEREUNDER. IF YOU DO NOT ACCEPT THESE TERMS, THEN DO NOT USE THE WEBSITE OR SERVICE OR ANY OF ITS CONTENT.
THESE TERMS INCLUDE AN ARBITRATION CLAUSE AND A WAIVER OF YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE LAWSUIT.
These Terms constitute a legally binding agreement between you and Company. You accept these Terms each time you access or use the Website or the Service.
We may modify these Terms for any reason—at any time—by posting a link to a new version of the Terms on the home page for the Service and/or the Website and you agree you will review the Terms and any updates regularly; these changes do not affect rights and obligations that arose prior to such changes. The Terms will indicate the date the document was last revised. Your continued use of the Website and/or the Service following the posting of modified Terms will be subject to the Terms in effect at the time of your use. If you object to any provision of these Terms or any subsequent modifications to these Terms or become dissatisfied with the Website and/or the Service in any way, your only recourse is to immediately terminate use of the Website and/or the Service.
Who is eligible to use the website and the service:
The Website and the Service are intended to be used by adults. You may not use the Website or the Service and you may not accept this Agreement if you are not at least 18 years of age and legally authorized to form a binding contract with Company.
The Website and the Service were developed for use by residents of the United States. Personal information, which is entered or collected on or through the Website or the Service, is subject to the laws of the United States, which might be different from the laws of other countries.
Membership to the Service is by invitation only and is free to Members. You may be invited to participate in the Service by Company if you are a BFS community small business owner or a current merchant, a merchant that was a previous customer or a merchant that has recently applied with Company.
You will only be eligible to use certain aspects of the Service if you have become a Member by registering as a member of the Service by setting up a personal account with us.
1. Requirements and limitations for creating an account
In order to use the Service, you must register to create an account.
Account registration: You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete.
For certain features of the Service, we may need to verify your identity. You authorize us to make any inquiries we consider necessary to validate your identity. These inquiries may include asking you for further information, requiring you to provide your full address, your date of birth and/or requiring you to take steps to confirm ownership of your email address or phone number or verifying information you provide against third-party databases or through other sources, or other measures. If you do not provide this information or Company cannot verify your identity, we can refuse to allow you to use the Service.
Your login credentials. To use the Service, you will log in with your email address and a password of your choosing (your “access credentials”). If you become a registered Member resulting in the creation of an account, you are responsible for maintaining the secrecy of your access credentials and account information. Your access credentials are personal to you, and you may not share them with, or allow access to your account by, any third party. You are responsible for all activity that occurs under your access credentials, including anyone using your access credentials (with or without your permissions) and anyone who you allow to access your information or give permission to access and use the Service on your behalf. You agree to use reasonable efforts to prevent unauthorized access to or use of the Service and any device that you use to access the Service. If you forget your password, you will be asked to create a new one.
You agree to notify us immediately of any breach in secrecy of your access credentials. If you have any reason to believe that your account information has been compromised or that your account has been accessed by a third party, you agree to immediately notify us by sending an email to email@example.com. If any of your information changes, you must immediately update it. If you have reason to believe that your account is no longer secure (e.g., loss, theft or unauthorized disclosure or use of your information or computer or mobile device used to access the Website and the Service), you must promptly change your access credentials that are affected.
You will be solely responsible for the losses incurred by you, Company, or others due to any unauthorized use of your account.
The period of your use of the account shall be referred to as the “Period of Your Account Usage”.
2. Use of the website and the service
Company grants you permission to use the Service and the Website subject to the restrictions in these Terms. Through the Service, you can utilize tools to organize and manage content. By using the Website and the Service, you agree to comply with laws that apply to the United States and your own country, including laws that apply to exporting technical data. Your use of the Website and the Service is at your own risk, including the risk that the content you enter or upload yourself or retrieve through the Service is inaccurate, untimely or unreliable.
In addition, you agree not to do any of the following (or allow any third person to do any of the following) without prior express written permission from Company:
(i) alter, modify, debug, reverse engineer, decompile, disassemble, or otherwise attempt to derive or gain access to any software (including source code) associated with the Service;
(ii) use any unauthorized robot, spider, scraper or other automated means to access the Service, or engage in any scraping, data-mining, harvesting, data aggregating or indexing of the Service. Use of the same to extract data from the Website or the Service (“screen scraping”), for commercial or non-commercial purposes, is prohibited;
(iii) violate the restrictions in any robot exclusion headers on the Website or bypass or circumvent other measures employed to prevent or limit access to the Website or the Service;
(iv) create any derivative works based on the Website or the Service;
(iv) remove any proprietary notices, labels, or marks from the Website or Service;
(v) frame or mirror any content forming part of the Service or deep-link to any portion of the the Service for any purpose; or
(vi) use any device, software or routine that interferes or attempts to interfere with the normal operation of the Website or the Service or take any action that imposes an unreasonable load on our computer or network equipment;
(vii) access the Website or the Service in order to (i) build a competitive product or service, or (ii) copy any ideas, features, functions or graphics of the Service, or otherwise reproduce, duplicate, copy, sell, trade, resell or exploit the Website or the Service;
(viii) use any feature of the Website or the Service for any purpose that is unlawful, harmful, or otherwise objectionable or inappropriate, as determined by us;
(ix) post or distribute any material on the Website or the Service that violates the rights of any third party or applicable law;
(x) use the Website or the Service to collect or store personal data about others;
(xi) use the Website or the Service for any commercial purpose; or
(xii) transmit any ad or promotional materials on the Website or the Service.
You further agree not to:
(a) Circumvent, disable or otherwise interfere with security-related features of the Website or the Service or features that prevent or restrict use or copying of any content or enforce limitations on the use of the Website or the Service or any content on the Website or the Service;
(b) Impersonate any person or entity, or otherwise misrepresent Your affiliation with a person or entity;
(c) Intentionally or unintentionally violate or encourage others to violate any applicable law, statute, ordinance or regulation;
(d) Provide false or deceptive information;
(e) Solicit personal information from anyone;
(f) Delete, add or otherwise change other people’s User Content;
(g) Remove or alter any copyright or other proprietary notices on or in connection with any content on the Website or the Service;
(h) Publicly disparage anyone or any User Content;
(i) Publish or post threats of violence or promote or encourage others to engage in violence or illegal activity.
3. Suspension, termination or restriction of your account
We and all other persons or entities involved in the operation of the Website or the Service, including any third-party service providers (“Third-Party Service Providers”), may, at our sole discretion, at any time and without advance notice or liability, suspend, terminate or restrict your access to any or all component(s) of the Website or the Service. We and our Third-Party Service Providers also reserves the right, at any time, to modify, suspend, or discontinue the Service or any part thereof with or without notice. You agree that We and our Third-Party Service Providers will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service or any part thereof.
5. Service material
We, along with our corporate affiliates, our Third-Party Service Providers and licensors, own the Service (including the data, information, software, text, images, designs, sound, music, marks, logos, compilations (meaning the collection, arrangement and assembly of information) and other content or materials on or made available through the Service (“Service Material”) except with regard to any User Content, and any server hardware, disk storage, firewall protection, server operating systems, management programs, web server programs, documentation and all other proprietary technology or information (including software, hardware, products, processes, algorithms, user interfaces, know-how, techniques, designs and other tangible and intangible technical material or information) so used by Company or its Third-Party Service Providers to operate and host the Service (including any updates, modifications, improvements or derivatives thereto). You will not copy or transmit any of the Service Material except if you are doing so for your personal, non-commercial use. All copyright, trademark and other proprietary rights and notices presented on the Website and the Service must appear on all copies you print. Other non-Company product, service, or company designations on the Website and the Service belong to those respective third parties and may be mentioned in the Website or the Service for identification purposes only. You should contact the appropriate third party for more complete information regarding such designations and their registration status.
Unless we expressly state otherwise elsewhere in these Terms, Your use of and access to the Website and the Service does not grant you any license or right to use any of the trademarks, service marks, logos or other content included on the Website and the Service.
Certain content on the Website and the Service may be on the Website and/or the Service for educational purposes, including but not limited to, for example, the following:
The Website and the Service may contain articles with information in the form of news and/or opinions that, unless otherwise stated therein, should not be construed as specific advice or instruction from Company or its licensors or official expressions of Company or its licensors. Company and its licensors do not warrant, either expressly or by implication, the factual accuracy of the articles posted, nor do they adopt any statement as their own, or warrant any news or opinions offered by the author of said articles. Although Company and its licensors believe all statements made in the articles to be reliable and accurate, Company and its licensors cannot guarantee that such statements are reliable and accurate, and Company and its licensors accept no fault or liability for any error or omission with respect to such articles.
b) Business forms
The Website and the Service may also contain business forms designed to provide authoritative and accurate information in regard to the subject matter covered solely as a starting point for you or your business. To the extent that any of any business forms contain legal principles, you should not rely upon these business forms as a substitute for legal advice. The accuracy of the information is not guaranteed by Company and its licensors since the applicability of the legal principles contained within the business forms may change and/or be subject to differing interpretations in individual situations or in different states or jurisdictions. Legal advice of any nature should be sought from competent, independent, legal counsel in the relevant state or jurisdiction and Company and its licensors make absolutely no warranties regarding the suitability of these business forms for a particular purpose.
c) Financial information and tax advice
The Website and the Service may also contain financial information and/or tax advice (“Financial Information and/or Tax Advice”) designed to provide authoritative and accurate information in regard to the subject matter covered solely as a starting point for you. The accuracy of the Financial Information and/or Tax Advice is not guaranteed by Company or its licensors since the applicability of the principles contained within may be subject to differing interpretations in individual situations. Company and its licensors make absolutely no warranties regarding the suitability of the Financial Information and/or Tax Advice on the Website and/or the Service for a particular purpose.
d) Medical information, not medical advice The Website and the Service may also contain medical information (“Medical Information”) designed to provide authoritative and accurate information in regard to the subject matter covered solely as a starting point for you. To the extent that any of the Medical Informationcontains medical principles, you should not rely upon this information as a substitute for medical advice. The accuracy of the Medical Information is not guaranteed by Company or its licensors since the applicability of the medical principles contained within may change and/or be subject to differing interpretations in individual situations. Medical advice of any nature should be sought from a health care professional and Company and its licensors make absolutely no warranties regarding the suitability of the Medical Information on the Website and/or the Service for a particular purpose.
In general, for all categories (a) through (d) above and otherwise, the contents of the Website and the Service are for informational purposes only. The content, including but not limited to the Medical Information, of the Website and the Service is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on the Website or the Service.
If you think you may have a medical emergency, call your doctor or 911 immediately. This Website and the Service should not be a substitute for you seeing a doctor or going to the Emergency Room.
Company does not recommend or endorse any specific tests, physicians, products, procedures, opinions, healthcare products, healthcare providers, third-party healthcare product or services, Medical Information, or other information that may be mentioned on the Website or the Service. Reliance on any information provided by Company, its licensors, or others appearing on the Website or the Service at the invitation of Company, or other visitors to the Website or Members of the Service is solely at your own risk.
COMPANY EXPRESSLY DISCLAIMS – TO THE FULLEST EXTENT ALLOWED BY LAW – ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THIS CONTENT, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT AND SECURITY AND ACCURACY, AS WELL AS ALL WARRANTIES ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE.
6. General rights you grant to us for personal information entered or uploaded to service
As a registered Member, you may enter or upload your own Personal Information to the Service. You are solely responsible for all Personal Information you have entered or uploaded to the Service. Company is not responsible for the accuracy, integrity, quality or timeliness of any Personal Information that you enter or upload to the Service.
You hereby give consent and grant to Company and its Third-Party Service Providers, the right to use, transmit, reproduce, manipulate, monitor, retrieve, display and store your Personal Information, including registration information and access credentials in connection with the operation of the Service.
In providing Personal Information to Company and its Third-Party Service Providers, you represent that you will provide true, accurate, current and complete information and will not misrepresent information. You also agree to regularly review such information that you have provided and to keep it up to date. By submitting this information to Company and its Third-Party Service Providers, you represent that you are entitled to submit it to Company and its Third-Party Service Providers for their use in order to allow Company to perform the Service, without any obligation by Company or its Third-Party Service Providers to pay any fees or other limitations. You recognize that if you do not provide accurate and up to date information, the accuracy and effectiveness of the Service will be affected.
7. Retrieving your personal information from third-party sites or linking your personal information to third-party sites
7.2 Rights you grant to us and our third-party service providers for the retrieval and linking
You hereby consent to and authorize Company and its Third-Party Service Providers to obtain, use and disclose your Personal Information whether gathered from you or any of Your Other Providers. By designating Company as the intended recipient of the requested information, you authorize Company and its Third-Party Service Providers to receive such information from Your Other Providers on your behalf. Alternatively, you may use the features of the Service to link to Your Other Providers and provide your Personal Information to Your Other Providers. When you use this Service, we will directly connect to the websites for Your Other Providers. The Company and its Third-Party Service Providers will then submit Personal Information (including usernames and passwords) that you provide to log you into Your Other Provider sites to allow Company and its Third-Party Service Providers to post such information with Your Other Providers. You agree that, with respect to the same, you have any requisite permission from Your Other Providers in order to do the same.
You hereby authorize and permit Company and its Third-Party Service Providers to use and store Personal Information submitted by you to the Service (such as account passwords and usernames) to accomplish the foregoing, including configuring the Service so that it is compatible with Your Other Providers for which you submit login information.
For purposes of providing the Retrieval and Linking, you grant Company for it and its Third-Party Service Providers a limited right, and appoint Company for it and its Third-Party Service Providers as your agent, to access Your Other Providers and retrieve and use your Personal Information with the full power and authority to do and perform each thing necessary in connection with such activities. YOU ACKNOWLEDGE AND AGREE THAT WHEN COMPANY OR ITS THIRD-PARTY SERVICE PROVIDER IS REQUESTING ACCESS TO PERSONAL INFORMATION FROM YOUR OTHER PROVIDERS OR ACCESSING AND RETRIEVING PERSONAL INFORMATION FROM YOUR OTHER PROVIDER SITES, COMPANY IS ACTING AS YOUR AGENT, AND NOT AS THE AGENT OF OR ON BEHALF OF THE OTHER PROVIDER. You understand and agree that the Service is not sponsored or endorsed by any third-parties accessible through the Service.
7.3 Disclaimers and limitations on liability in receiving personal information
Company and its Third-Party Service Providers may review the Personal Information received from Your Other Providers. Company and its Third-Party Service Providers are not responsible for any errors in the information resulting from such review. Company and its Third-Party Service Providers make no effort to review the information contained in such Personal Information for any other purpose, including but not limited to accuracy, legality or non-infringement. Company and its Third-Party Service Providers are not responsible for any Personal Information provided by Your Other Providers.
8. User content
The Website and Service may also contain reviews, guides, or other forums in which you can post content. If you use said interactive areas on the websites, you are solely responsible for the information and other content, including without limitation, any reviews, text, images, links, or videos that you upload, transmit, or share with us or others on or through the website and any copyright elements thereto (collectively, the “User Content“), and you represent and warrant that you are not transmitting or sharing User Content that you do not have permission to share. We do not guarantee any confidentiality with respect to the User Content and you understand that the User Content may be publicly displayed.
By posting User Content to the Website and the Service, you represent that: (i) you are the owner of the User Content; or (ii) you have the right and license to use the User Content; or (iii) the User Content is in the public domain; or (iv) to your knowledge, no one else claims ownership of, or exclusive rights to, the User Content; and (v) you have the legal right to grant a license to us to use the User Content.
When you provide us with User Content, you own the content you create and share, and you also grant us a perpetual, transferable, irrevocable, sub-licensable, royalty free and free of charge, worldwide license to use, modify, reproduce, distribute, prepare derivative works of, publicly perform, and publicly display (in any form and on all mediums now known or hereafter devised) all User Content or other content provided to us. We can use the User Content in any format, channel, platform, or region with the right to localize the content into other languages. If uploaded or submitted to us, you further give us permission and the right to use your name, image, likeness, or other personal attributes.
You authorize us to make copies as we deem necessary in order to facilitate the storage and assimilation of the User Content on the Website and the Service. By providing us User Content, you represent and warrant that the User Content you provide will not violate or in any way infringe upon the rights of third parties, including property, contractual, employment, trade secrets, proprietary information, and nondisclosure rights, or any intellectual property rights. You may remove your User Content from the Website or the Service, but the license that you have granted will remain in effect.
You understand that we do not control the User Content and will not be, in any way, responsible or liable for such User Content.
We take no responsibility for any User Content posted, stored, uploaded, distributed, transmitted or otherwise published by any User, including yours, on the Website or the Service. We assume no liability for any loss or damage to User Content, nor are we liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity User may encounter when viewing User Content.
Although we have no obligation to screen, edit or monitor any User Content, we reserve the right, and have the sole and absolute discretion to remove, edit or screen, without notice, any such User Content from the Website or the Service at any time and for any reason, including, but not limited to when we believe in good faith that such User Content is in breach of these Terms or otherwise believe the removal may be reasonably necessary to safeguard our rights or the rights of Users or to mitigate any risk of harm or liability to us or any User. The decision of whether or not to remove content from the Service is within Company’s sole and complete discretion. Company has no obligations, contractual or otherwise, to take or refrain from taking any action. Under no circumstances will Company be liable for removing or failing to remove any content.
Further, you expressly agree not to post, upload, transmit, distribute, store, create or otherwise publish any User Content on the Website and the Service that:
- is unlawful, harmful, inappropriate, false, misleading, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, abusive, tortious, promoting of harassment of a third party, threatening, in violation of privacy or publicity rights, abusive, inflammatory, offensive to the online community (such as, without limitation, promotes racism, bigotry, hatred or physical harm of any kind against any group or individual), fraudulent or otherwise objectionable;
- would constitute, promote, encourage, provide instructions for, or enable conduct of an illegal activity, criminal offense, give rise to civil liability, violate the rights of any third party in any country of the world, or that would create liability or violate any local, state, national or international law, such as, without limitation, providing instructions or guides about attending or participating in illegal actives such as human trafficking or creating computer viruses;
- may constitute an infringement, misappropriation, or violation of all intellectual property rights, proprietary rights, rights of publicity, rights of privacy, and any and all other legal rights protecting data, information, or intangible property throughout the world, including, without limitation, any and all copyrights, trademarks, service marks, trade secrets, patent rights, moral rights, sui generis rights in databases, and contract rights;
- constitutes unsolicited or unauthorized advertising, mass mailings, “spamming,” junk mail, pyramid schemes, or chain letters, or any other form of duplicative or unsolicited messages, whether commercial or otherwise;
- impersonates any person or entity or misrepresents your affiliation with any person or entity;
- is private information of any third party, including but not limited to, Social Security numbers, passwords, credit card numbers, addresses, email addresses, phone numbers, and any other information that enables a visitor or a Member to readily identify any third party;
- contains restricted or hidden content;
- includes or facilitates viruses, corrupt data or other harmful, destructive or disruptive files, or programs designed to interrupt, destroy, limit the functionality of any computer software or hardware or telecommunications equipment;
- interferes with or disrupts the Service or servers or networks connected to the Service or restricts any other person from using or enjoying the Website or the Service;
- is unrelated to the topic or intended use of the area on the Website or the Service; or
- constitutes protected health information subject to the Health Insurance Portability and Accountability Act (HIPAA) or any regulation, rule or standards issued thereunder, or constitutes similarly protected sensitive personal information under any applicable state, rule or regulation;
- is harmful to minors in any way;
- causes Company or its Third-Party Service Providers to violate any applicable law, rule or regulation, including those regarding the export of technical data.
Company and its Third-Party Service Providers reserve the right, but have no obligation, to review any User Content, investigate any claim related to User Content, or take appropriate action, in its sole discretion, against You at the origin of the content that creates any liability for Company or its Third-Party Service Provider. Such actions may include removing, exercising any indemnity and termination rights contained herein, and reporting such User Content to law enforcement authorities.
9. Notify us of infringers
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials posted on the Website or the Service infringe your copyright, you (or your agent) may send us a “Notification of Claimed Infringement” requesting that the material be removed or that access to it be blocked.
If you believe any of the content on the Website or the Service violates your copyright, please notify our copyright agent in writing. The contact information for our copyright agent is at the bottom of this section.
In order for us to take action, you must do
the following in your notice:
(a) provide your physical or electronic signature;
(b) identify the copyrighted work that you believe is being infringed;
(c) identify the item that you think is infringing your work and include sufficient information, such as a URL or copy of the webpage showing the URL, so that we can find it;”
(d) provide us with a way to contact you, such as your address, telephone number, or email;
(e) provide a statement that you believe in good faith that the item you have identified as infringing is not authorized by the copyright owner, its agent, or the law to be used in connection with the services; and
(f) provide a statement that the information you provide in your notice is accurate, and that (under penalty of perjury) you are authorized to act on behalf of the copyright owner whose work is being infringed.
If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice.
Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright for details.
Here is the contact information for our copyright agent:
Legal Team, Copy Right Enforcement Business Financial Services, Inc. dba BFS Capital.
3301 North University Drive, Suite 300
Coral Springs, Florida 33065
United States of America
Again, we cannot take action unless you give us all the required information.
Consult your legal advisor and see 17 U.S.C. § 512 before filing a notice or counter-notice as there are penalties for false claims under the DMCA.
10. Additional rights regarding member data
In addition to any other rights granted herein with respect to Personal Information and User Content (“Member Data”), Company and its Third-Party Service Providers may analyze Member Data, to create aggregated and anonymized statistics or data that do not identify Your or any individual, household, user, browser, or device and Company and its Third-Party Service Providers may during and after the Period of Your Account Usage use and disclose such statistics or data in its discretion.
11. Communications and service messages
11.1 Emails, calls and texts. By providing us with your email address and phone number, you authorize us to communicate or provide notices to you related to the Service in the following ways:
- By email to the email address you use to log in to your account;
- Through banner notices, push notifications, in-app messages or other alerts, reminders or messages delivered on or through the Service, including those addressing order status, order delivery and support Q&A; or
- Through any telephone number, including a mobile number, you choose to provide us. You understand that any calls or texts to your number may be automatically dialed and that such calls or texts may be subject to the normal fees of your mobile service provider; or
- Through mail or any other means of communication you choose to provide to us.
You agree to keep any contact information you provide to us up to date. You may adjust your communications preferences in your account settings at any time or by unsubscribing by using the link provided at the bottom of those emails or sending the appropriate response for stopping messages as indicated in the text message.
11.2 Electronic notices. By providing us with your email address, you consent to receive all required notices and information electronically. Electronic communications may be posted on the Website or the Service and/or delivered to your email address that we have on file for you. It is your responsibility to promptly update us with your complete, accurate contact information, or change your information, including email address, as appropriate. Notices will be provided in HTML (or, if your system does not support HTML, in plain-text) in the text of the e-mail or through a link to the appropriate page on our site, accessible through any standard, commercially available internet browser. Your consent to receive communications electronically is valid until you end your relationship with us.
You may print a copy of any electronic communications and retain it for your records. We reserve the right to terminate or change how we provide electronic communications and will provide you with appropriate notice in accordance with applicable law.
12. Your feedback
Please note that we assume no responsibility for reviewing unsolicited ideas for our business (like product or advertising ideas) and will not incur any liability as a result of any similarities between those ideas and materials that may appear in future Company products or services. Also, please remember that you are responsible for whatever material you submit, including its reliability, originality, and copyright. Please do not reveal trade secrets or other confidential information in your messages. Any and all rights to materials submitted to us become the exclusive property of Company. Furthermore, by submitting Feedback, you are granting us and our affiliates an irrevocable, perpetual, non-exclusive, transferable, royalty-free and free of charge, worldwide license (with the right to freely sublicense) to use, copy, modify, publicly perform, publicly display, reformat, translate, syndicate, republish, excerpt (in whole or in part) and distribute Feedback we receive from you for any purpose, including business, commercial, marketing, advertising, or otherwise.
13. Warranty disclaimer
THE WEBSITE AND THE SERVICE, ALL CONTENT AND SERVICES PROVIDED ON THE WEBSITE AND THE SERVICE AND ANY OTHER THIRD PARTY PRODUCT OR SERVICE MADE AVAILABLE THROUGH THE WEBSITE AND THE SERVICE, INCLUDING THE CONTENT OF ANY THIRD-PARTY SITES WITH YOUR OTHER PROVIDERS LINKED TO THE WEBSITE AND THE SERVICE, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND COMPANY NOR ANY OF ITS AFFILIATES AND THEIR EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, LICENSORS, OR THIRD-PARTY SERVICE PROVIDERS (COLLECTIVELY REFERRED TO AS THE “RELEASED PARTIES”) MAKE NO REPRESENTATIONS, WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, AS TO THE SUITABILITY, ACCURACY, TIMELINESS, COMPLETENESS OR RELIABILITY OF THE SAME. THE CONTENT IS LARGELY GENERATED IN AN AUTOMATED FASHION; ERRORS CAN AND DO HAPPEN. NOR DOES COMPANY OR ANY RELEASED PARTIES MAKE ANY REPRESENTATION, WARRANTIES OR GUARANTEES THAT ACCESS TO THE WEBSITE OR THE SERVICE OR ANY CONTENT CONTAINED ON THE WEBSITE OR THE SERVICE IS UNINTERRUPTED, ERROR-FREE OR SECURE OR THAT THE PERSONAL INFORMATION OR CONTENT THAT MAY BE AVAILABLE THROUGH THE WEBSITE OR THE SERVICE IS FREE OF INFECTION FROM ANY VIRUSES OR OTHER CODE OR COMPUTER PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES OR THAT ARE INTENDED TO DAMAGE, SURREPTITIOUSLY INTERCEPT OR EXPROPRIATE ANY SYSTEM, DATA OR PERSONAL INFORMATION, AND THE RELEASED PARTIES ASSUME NO LIABILITY OR RESPONSIBILITIES FOR ANY (I) ERRORS, MISTAKES OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICE, OR (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN.
COMPANY AND ITS RELEASED PARTIES FURTHER EXPRESSLY DISCLAIMS – TO THE FULLEST EXTENT ALLOWED BY LAW – ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THE WEBSITE OR THE SERVICE OR ANY CONTENT ON THE WEBSITE OR THE SERVICE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT AND SECURITY AND ACCURACY, AS WELL AS ALL WARRANTIES ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE.
WHEN USING THE SERVICE, INFORMATION WILL BE TRANSMITTED OVER A MEDIUM THAT MAY BE BEYOND THE CONTROL AND JURISDICTION OF THE RELEASED PARTIES. ACCORDINGLY, THE RELEASED PARTIES ASSUME NO LIABILITY FOR OR RELATING TO THE DELAY, FAILURE, INTERRUPTION, INAPPROPRIATE DISCLOSURE OR CORRUPTION OF ANY DATA OR OTHER INFORMATION TRANSMITTED IN CONNECTION WITH THE USE OF THE SERVICE, REGARDLESS OF WHETHER THE RELEASED PARTIES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
YOU AGREE THAT ANY USE OF OUR WEBSITE OR SERVICE AND ANY CONTENT CONTAINED ON OUR WEBSITE OR YOUR USE OF ANY RELATED THIRD-PARTY PRODUCT OR SERVICE OR CONTENT MADE AVAILABLE THROUGH OUR WEBSITE OR SERVICE IS AVAILABLE AT YOUR OWN RISK.
14. Our liability is limited
WE AND THE OTHER RELEASED PARTIES, TO THE EXTENT PERMITTED BY LAW, HEREBY EXPRESSLY EXCLUDE ANY RESPONSIBILITY AND LIABILITY FOR (A) ANY LOSS OR DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY AS A RESULT OF YOUR ACCESS TO OUR WEBSITE, YOUR DOWNLOADING OF ANY CONTENT FROM OUR WEBSITE, OR YOUR USE OF ANY THIRD-PARTY PRODUCTS OR SERVICES OR (B) ANY INJURY; DEATH; LOSS; CLAIM; ACT OF GOD; ACCIDENT; DELAY; OR ANY DIRECT, SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING – WITHOUT LIMITATION – LOST PROFITS OR LOST SAVINGS), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, THAT ARISE OUT OF OR THAT IS ANYWAY CONNECTED WITH: (I) ANY USE OF THE WEBSITE OR THE SERVICE OR CONTENT ON THE WEBSITE OR THE SERVICE OR ANY INABILITY TO USE THE SAME, INCLUDING MEDICAL INFORMATION; (II) ANY FAILURE OR DELAY (INCLUDING, WITHOUT LIMITATION, THE USE OF OR INABILITY TO USE ANY COMPONENT OF THIS WEBSITE FOR ORDERS OR REQUESTS FOR MEDICAL SERVICES); (III) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH, FROM OR AS A RESULT OF THE SERVICE, (IV) UNAUTHORIZED ACCESS OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, (V) YOUR RELIANCE ON CONTENT MADE AVAILABLE BY US, (VI) THE PERFORMANCE OR NONPERFORMANCE BY US OR ANY THIRD-PARTY SERVICE PROVIDER OR (VII) ANY OTHER MATTER RELATING TO THE WEBSITE OR THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES TO SUCH PARTIES OR ANY OTHER PARTY. SOME STATES OR COUNTRIES DO NOT ALLOW THIS LIMITATION OF LIABILITY, SO THE LIMITATIONS ABOVE MAY NOT APPLY OR APPLY ONLY PARTIALLY TO YOU.
TO THE FULLEST EXTENT POSSIBLE BY LAW, COMPANY AND THE OTHER RELEASED PARTIES’ MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE WEBSITE AND THE SERVICE OR YOUR USE OF CONTENT ON THE WEBSITE OR THE SERVICE, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY, OR OTHERWISE), WILL NOT EXCEED $100.
The limitations of liability in this section do not apply to breaches of intellectual property provisions by you or your indemnification obligations relating hereunder.
15. You agree to protect us
Subject to these Terms, you will defend, indemnify and hold us and our affiliates and each of our officers, directors, employees and agents harmless from and against any claim, cause of action, liability, expense, loss or demand, including—without limitation—reasonable legal and accounting fees, arising out of, or in any way connected with your breach of these Terms or the agreements made part of these Terms by reference, your breach of any applicable law, and your use of or access to Our Website or the Intellectual Property.
16. Arbitration and waiver
READ THIS PROVISION CAREFULLY. IT AFFECTS YOUR RIGHT TO A JURY TRIAL, YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION AND OTHER RIGHTS
If you intend to seek arbitration, you must first send to the Company, by certified mail, a written Notice of Dispute (“Notice“). The Notice to Company must be sent to: BFS Capital 3301 North University Drive Suite 300, Coral Springs, Florida 33065, Attention: General Counsel. The Notice shall describe the nature and basis of the claim or disputes and the specific relief sought. If you and the Company cannot reach an agreement to resolve the claim within thirty (30) days after the Notice is received, either party may commence arbitration. All arbitrations required by these Terms will be conducted under the Commercial Arbitration rules of the American Arbitration Association (“AAA”). The AAA Commercial Arbitration Rules are available online at www.adr.org and can be also be obtained by phone at 1-800-778-7879, by mail at 1633 Broadway, 10th Floor, New York, New York 10019 or upon written request sent to the Company. Any necessary arbitration hearing shall be conducted at a location reasonably convenient to you. The arbitration shall be conducted by one neutral arbitrator appointed by the AAA. The arbitrator shall have actual experience in and knowledge of intellectual property law and commercial financing to the greatest extent practicable, unless the parties agree otherwise. The arbitrator shall have the authority to award any monetary and nonmonetary relief otherwise available to either party in an action otherwise prosecuted in court, including injunctive and other provisional relief, provided that the arbitrator shall have no authority to award relief for any person that is not a party to this agreement. The arbitrator’s award is binding and may be confirmed in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration brought under, or with respect to, Claims is to be joined to an arbitration involving any other party subject to these Terms, whether through class arbitration proceedings or otherwise. Unless you and the Company agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative, private attorney general or class proceeding.
Unless unlawful, Company and its affiliates will pay its—and you will pay your—lawyers’, experts’, and witness’ fees, expenses, and costs with respect to all claims. The arbitrator may award money or equitable relief in favor of only the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. Similarly, an arbitration award and any judgment confirming it apply only to that specific case; it cannot be used in any other case except to enforce the award itself. To reduce the time and expense of the arbitration, the arbitrator will not provide a statement of reasons for his or her award unless requested to do so by all parties.
TO THE EXTENT PERMITTED BY LAW, YOU WILL NOT AGREE TO ACT AS A REPRESENTATIVE OR A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS IN ANY LAWSUIT AGAINST COMPANY IN ANY COURT, OR IN ARBITRATION, WITH RESPECT TO ANY CLAIMS. THIS ARBITRATION PROVISION WILL SURVIVE THE TERMINATION OF THE RELATIONSHIP BETWEEN YOU AND COMPANY.
The Federal Arbitration Act shall govern the interpretation, implementation and enforcement of this arbitration provision to the fullest extent possible, to the exclusion of all otherwise potentially applicable state law, regardless of the location of the arbitration proceedings or the nature of the disputes or controversies between the parties to this agreement. You may elect to opt out of this arbitration provision by sending written notice to Company. Such written notice must be received by Company before 5:00 p.m. Eastern Time on the tenth (10th) calendar day after this Terms are accepted, or such notice shall be of no force and effect. The foregoing time limit shall be strictly construed. Opting out of this arbitration provision shall not terminate the agreements or otherwise affect in any way any of the other rights and obligations of the parties hereto under these Terms.
17. General Requirements
We may change the site and these Terms at any time, in our sole discretion and without notice to you. You are responsible for remaining knowledgeable about these Terms. Your continued use of the site constitutes your acceptance of any changes to these Terms and any changes will supersede all previous versions of the Terms. Unless otherwise specified herein, all changes to these Terms apply to all users, including those enrolled before the date the changes take effect. Furthermore, we or our Third-Party Service Providers may suspend your use of Our Website or terminate these Terms with you at any time by notifying you in writing (including by email) and/or, if you are a registered user, by cancelling your account and your access to your account.
Nothing contained in these Terms will be deemed to constitute either party as the agent or representative of the other party, or both parties as joint venturers or partners for any purpose. You may not assign, delegate or transfer your rights or obligations under these Terms. We may assign our rights and duties under these Terms without such assignment being considered a change to the Terms and without notice to you, provided your rights under these Terms are not prejudiced.
If we fail to act with respect to your breach or anyone else’s breach on any occasion, we are not waiving our right to act with respect to future or similar breaches. If a court finds any of these Terms to be unenforceable or invalid, that Term will be enforced to the fullest extent permitted by applicable law and the other Terms will remain valid and enforceable. These Terms, together with those agreements made a part of these Terms by reference, make up the entire agreement between us relating to your use of the Service and/or the Website, and replace any prior understandings or agreements (whether oral or written) regarding your use of the Service and/or the Website.
To the extent permitted by law, the laws of the State of Florida (USA), without regard to its conflict of laws rules, will govern these Terms, as well as your and our observance of them. In any legal action, the prevailing party will be entitled to recover all legal expenses incurred in connection with the action, including but not limited to costs, both taxable and non-taxable, and reasonable attorney fees. To the extent permitted by law, you agree that any disputes, claims and causes of action arising out of or connected with the Service and/or the Website and/or these Terms, will be resolved individually, without resort to any form of class action, following the procedure indicated in Section 16 herein.
18. Legal notices
The BFS Capital name is a registered trademark of BFS Capital Inc.
19. Last updated
These terms were last updated on April 24, 2020
Questions about this notice
For questions or comments regarding this Notice or our Privacy practices, please contact firstname.lastname@example.org. BFS Capital may also be contacted directly at the following address and phone number:
3301 North University Drive, Suite 300
Coral Springs, Florida 33065