BOEFLY® WEBSITE INVESTOR AND LOAN BUYER TERMS & CONDITIONS
Thank you for visiting the website located at www.boefly.com (the "Site"). The Site is an Internet property of Boefly, LLC ("Boefly®," "we" or
"us"). You agree to the following Boefly® Website Investor and Loan Buyer Terms and Conditions, in their entirety, when you: (a) access or use the
Site; or (b) register as an individual or entity (collectively, "Buyer") on the Site, which will enable you to access the various Buyer-specific
services made available to Buyers by and through the Site (collectively, and as further defined in Section 7 below, the "Buyer Services").
The Content appearing on the Site is provided for informational purposes only, and none of the Content appearing on the Site is intended for trading or investing purposes. Much of the Content appearing on the Site is provided by third party entities. Boefly® shall not be responsible or liable for the accuracy, usefulness or availability of any Content or other information transmitted or made available via the Site, and shall not be responsible or liable for any borrowing, lending and/or investment decisions based on such information. Boefly® is not a lender, borrower, seller, investor or other financial services provider. Boefly® is not engaged in rendering advice associated with any financial matter and nothing we do and no element of the Site should be construed as such. The Content appearing on the Site is not a substitute for professional financial advice. You should always check with your attorney, accountant and/or financial services providers to be sure that any Content or other advice, products and/or services offered by and through the Site are appropriate for you. Boefly® disclaims any and all liability for any loss, damage or injury based on information directly or indirectly obtained through the Site.
BOEFLY® IS NOT ACTING AS AN AGENT, ADVISOR, CONSULTANT, BROKER, INVESTOR OR LENDER TO ANY BORROWER, LENDER, BUYER, SELLER OR OTHER THIRD PARTY. BOEFLY® IS MERELY A PASSIVE FORUM PROVIDER AND ALL TRANSACTIONS ARE CONSUMMATED SOLELY BETWEEN THE VARIOUS SITE USERS.
1. Buyer Services Fees/Billing Provisions. In consideration for your ability to access the Buyer Services, you agree to pay the Fees (as defined below). Upon submitting your order for the Buyer Services, a monthly fee of Fifty-Five Dollars ($55.00) (the "Fees") shall be added to the credit card or debit card that you provided on your application ("Active Credit Card") for each month that your Boefly® Account (as defined below) remains active. For so long as your Boefly® Account remains active, the Fees will accrue on or about the monthly anniversary date of your sign-up, and such Fees will be charged in advance. You acknowledge and agree that Boefly® will not obtain additional authorization from you for each monthly installment of the Fees charged to your Active Credit Card.
All charges are payable in United States currency, and such amounts will appear on your monthly Active Credit Card statement as "Boefly." Failure to use the Buyer Services does not constitute a basis for refusing to pay any of the associated Fees. Your Boefly® Account may be deactivated, and access to the Boefly® Buyer Offerings denied, for non-payment. ALL FEES ARE NON-REFUNDABLE.
Subject to the conditions set forth herein, you agree to be bound by the Boefly® pricing and/or billing provisions ("Billing Provisions") in effect at any given time. Upon reasonable prior written notice to you (with the posting of the changes on the Site sufficing), Boefly® reserves the right to change its Billing Provisions whenever necessary, in its sole discretion. Continued use of the Boefly® Buyer Offerings after the posting of such notice shall constitute consent to any and all such changes; provided, however, that any amendment or modification to the Billing Provisions shall not apply to any charges incurred prior to the applicable amendment or modification. In addition, you agree not to hold Boefly® responsible for any overdraft charges or fees that you may incur in connection with your use of the Boefly® Buyer Offerings.
Boefly's® authorization to provide and bill for the Buyer Services is obtained by way of your electronic signature or, where applicable, via your physical signature and/or voice affirmation. Once an electronic signature is submitted, this electronic order constitutes an electronic letter of agency. Boefly's® reliance upon your electronic signature was specifically sanctioned and written into law when the Uniform Electronic Transactions Act and the Electronic Signatures in Global and National Transactions Act were enacted in 1999 and 2000, respectively. Both laws specifically preempt all state laws that recognize only paper and handwritten signatures.
2. Cancellation of Boefly® Account. You may cancel your Boefly® Account at any time; provided, however, that you will remain responsible for timely payment of any and all Fees that you have already incurred (including any applicable late fees). Please have your Registration Data available for efficient processing of your cancellation order. You understand and agree that cancellation of your Boefly® Account is your sole right and remedy with respect to any dispute with Boefly®. You may cancel your Boefly® Account by: (a) calling us toll free at 800-277-3158; (b) e-mailing us at email@example.com.
3. Scope/Modification of Agreement. You agree to the terms and conditions outlined in the Agreement with respect to your use of the Buyer Services, Exchanges, Content, Site, and/or any other analyses, research, opinions and/or information provided by or through same (collectively, "Boefly® Buyer Offerings"). The Agreement constitutes the entire and only agreement between you and Boefly® with respect to your use of the Boefly® Buyer Offerings and supersedes all prior or contemporaneous agreements, representations, warranties and/or understandings with respect to your use of the Boefly® Buyer Offerings. Boefly® may change the Agreement, and the scope and functionality of the Boefly® Buyer Offerings, in whole or in part, at any time without specific notice to you; provided, however, that any amendment or modification to the: (a) arbitration provisions, prohibition on class actions provisions or any other provisions applicable to dispute resolution (collectively, "Dispute Resolution Provisions") shall not apply to any disputes that arose prior to the applicable amendment or modification; and/or (b) Billing Provisions shall not apply to any fees incurred prior to the applicable amendment or modification. The latest Agreement will be posted on the Site, and you should review the Agreement prior to using the Boefly® Buyer Offerings. By your continued use of the Boefly® Buyer Offerings, you hereby agree to comply with, and be bound by, all of the terms and conditions contained within the Agreement effective at that time (other than with respect to disputes arising prior to the amendment or modification of the Dispute Resolution Provisions, or charges incurred prior to the amendment or modification of the Billing Provisions, which shall be governed by the Dispute Resolution Provisions and/or Billing Provisions then in effect at the time of the subject dispute or incurred charges, as applicable). Therefore, you should regularly check the Site for any updates and/or changes.You understand and agree that Boefly® is not responsible or liable in any manner whatsoever for your inability to use the Boefly® Buyer Offerings.
4. Requirements. Where Buyer is a legal entity and not an individual, registration must be completed by a duly authorized representative of that legal entity. By registering for the Boefly® Buyer Offerings, you represent and warrant that you: (a) are at least eighteen (18) years of age; (b) can enter into legally binding contracts under applicable law; and/or (c) are acting in your capacity as an authorized representative of the Buyer on whose behalf you are attempting to register.
5. Description of the Site. Subject to the terms and conditions of the Agreement, Buyers that possess the requisite technology shall have the opportunity to view all or some of the media, text, images, graphics, quotes and other information pertaining to the sale of loans (collectively, "Loan Offers") as published on the Site by Sellers (as defined below), financial disclosures, Registration Data, Service Provider Listings (as defined below), analyses, research, comments, opinions, advice, statements, offers, services, requests, solicitations, user interfaces, audio, video, photographs, trademarks, logos, artwork and other content made available by and through the Site and/or Buyer Services (collectively, "Content"). In addition, Buyers shall have access to the Buyer Services and Exchanges, each as described more fully below. Please use caution, common sense and safety when using the Boefly® Buyer Offerings. You are solely responsible for your interactions with other Site-users including, but not limited to, visitors, registered users of the Site such as Service Providers (as defined below), borrowers, other buyers and Sellers (collectively, "Registered Users"), third party content providers ("Third-Party Providers") and/or other third parties. Because we are not involved in Site-user interactions, in the event that you have a dispute with one or more visitors, Registered Users, Third-Party Providers and/or other third parties, you hereby release Boefly® including, but not limited to, its officers, directors, members, agents, subsidiaries and employees, from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of, or in any way connected with, such disputes. Boefly® reserves the right, but has no obligation, to monitor disputes between you and visitors, Registered Users, Third-Party Providers and/or other third parties.
6. Description of the Content. The Content is compiled, distributed and displayed by Boefly®, as well as Registered Users and Third-Party Providers. Boefly® does not control the Content provided by Registered Users and/or Third-Party Providers that is made available by and through the Buyer Services and/or Site, and such Content should not necessarily be relied upon. Such Registered Users and/or Third-Party Providers are solely responsible for the accuracy, completeness, appropriateness or usefulness of the Content that they provide. Boefly® does not represent or warrant that the Content and other information posted by and through the Buyer Services and/or Site is accurate, complete, up to date or appropriate. You understand and agree that Boefly® will not be responsible for, and Boefly® undertakes no responsibility to monitor or otherwise police, such Content. You agree that Boefly® shall have no obligation and incur no liability to you in connection with any such Content. You may find certain Content as posted by Registered Users and/or Third-Party Providers to be outdated, harmful, inaccurate and/or deceptive. Please use caution, common sense and safety when using the Boefly® Buyer Offerings.
If you would like to register a complaint, notify Boefly® of a dispute or notify us of inaccurate or misleading Content appearing on the Site or otherwise made available by and through the Buyer Services, please feel free to contact us at 800-277-3158 or at firstname.lastname@example.org.
7. Description of the Buyer Services.
(a) Subject to the terms and conditions of the Agreement, by registering on the Site and receiving approval from Boefly®, you can obtain, or attempt to obtain, the Buyer Services. The Buyer Services will enable you, for a fee, to: (i) utilize the Site's many interactive features designed to foster interaction between you and other Registered Users including, but not limited to, blogs, message boards and other comment sections located in designated areas of the Site ("Interactive Services"); (ii) gain inclusion in the Boefly® database ("Boefly® Database") through which you can receive and/or send e-mail communications from and/or to Boefly® and certain individuals, financial institutions and/or other business entities submitting Loan Offers by and through the Site (collectively, "Sellers"), where requested by you; (iii) gain access to product and/or service listings ("Service Provider Listings") posted on the Site by registered service providers, such as accountants, attorneys, environmental engineers, appraisers and/or others (collectively, "Service Providers") that might offer to assist you with certain transactions associated with the Boefly® Buyer Offerings; (iv) browse all Loan Offers submitted by Sellers by and through the Boefly® loan exchange ("Loan Exchange"), or filter Loan Offers based on the criteria selected by you and our compatibility matching technology; (v) receive an e-mail notification from Boefly® where a Loan Offer submitted by and through the Loan Exchange matches your criteria; (vi) request that Boefly® send a prospective Seller an e-mail request, on your behalf, to enable you to view additional information regarding that Seller's Loan Offer; and (vii) utilize BoeFly's® streamlined online settlement tools to close Loan Offer deals at a lower cost without associated commissions or finders' fees.
(b) Sharing of Information with Sellers. You understand and agree that, where a Seller wishes to contact you in connection with that Seller's Loan Offer, Boefly® may contact you via e-mail on behalf of that Seller for the sole and exclusive purpose of enabling that Seller to provide you with information, analyses, research and/or other information about their Loan Offer that may be of interest to you; provided, however, that Boefly® will not share your e-mail address with such Seller unless and until you respond to the Seller's request and agree to provide it with access to your other applicable contact information. Further, where Boefly® sends, on your behalf, a prospective Seller an e-mail request to receive additional information regarding that Seller's Loan Offer, you understand and agree that the applicable Seller may gain access to certain portions of your contact information for the sole and exclusive purpose of facilitating your request for additional information regarding the subject Loan Offer.
(c) General. Items (a) and (b) above shall be referred to, collectively, as the "Buyer Services." As a Buyer, in connection with the Buyer Services, Interactive Services, Service Provider Listings, Loan Exchange and otherwise, you must comply with all foreign and domestic, federal, state and local laws, statutes, rules, regulations and judicial decrees including, without limitation, state and federal banking and securities laws. Boefly® reserves the right to prohibit any conduct by Buyers or to remove any Content, Registration Data and/or other material posted by Buyers by and through the Site and/or Interactive Services that Boefly® deems, in its sole and absolute discretion, to be in violation of the Agreement or which Boefly® believes to be illegal, potentially harmful to others, otherwise objectionable or that may expose Boefly® to harm, damage to reputation or liability. Notwithstanding the foregoing, Boefly® undertakes no responsibility to monitor or otherwise police the Content, Registration Data, Service Provider Listings and/or other material posted by Registered Users.
Boefly® undertakes no responsibility to monitor or otherwise police either the Loan Offers, or the products and/or services featured in the Service Provider Listings (collectively, "Service Provider Offerings"), as submitted by Sellers and/or offered by Service Providers, as applicable. The Loan Offers and Service Provider Offerings contain descriptions that are provided directly by such Sellers and/or Service Providers, as applicable. Boefly® does not represent or warrant that the descriptions of such items are accurate, up to date or complete. As a result, Boefly® has no control over: (i) the quality, safety or legality of the Loan Offers or Service Provider Offerings; (ii) the truth or accuracy of any descriptions associated with the Loan Offers or Service Provider Offerings; and/or (iii) the ability of the applicable Seller and/or Service Provider, respectively, to fulfill the obligations of the applicable Loan Offer and/or sell or offer the applicable Service Provider Offering(s). Do not assume that the Loan Offer and/or the offer, sale, purchase, export or import of any Service Provider Offering is valid and legal simply because it is made available by and through the Boefly® Buyer Offerings. We are not responsible for ensuring that the applicable Sellers and/or Service Providers actually complete a transaction with you.
You understand and agree that Boefly® is not responsible or liable in any manner whatsoever for: (A) your inability to register as a Buyer; or (B) your use of the Boefly® Buyer Offerings including, without limitation, the Buyer Services, Loan Exchange, Service Provider Listings and/or Interactive Services.
8. Registration/Account. In order to obtain the Boefly® Buyer Offerings, you must first submit the applicable registration and application form to Boefly® via the Site for review and initial approval, as well as a payment method for the applicable fee. Boefly® reserves the right, in its sole discretion, to deny access to the Boefly® Buyer Offerings to anyone at any time and for any reason, whatsoever. The registration data that you must supply on the Site in order to obtain Buyer Services may include, without limitation, depending on the applicable Buyer Services requested: (a) full name and the name of the applicable Buyer entity, if any; (b) full mailing address of the Buyer entity/individual, as applicable; (c) telephone number of the Buyer entity/individual, as applicable; (d) work e-mail address of the Buyer entity/individual, as applicable; (e) job title; (f) the website address of the applicable Buyer entity, if any; (g) the fax number of the Buyer entity/individual, as applicable; (h) the principals of the applicable Buyer entity, if any; (i) any criteria that you might establish to filter Loan Offers to be viewed by you by and through the Loan Exchange; (j) if requested by Boefly®, certain information and documents pertaining to your qualifications as a Buyer including, without limitation, sample closing documentation, funding sources, Line of Credit, etc.; and (k) any other information requested by Boefly® on the applicable registration form (collectively, "Registration Data"). You agree to provide true, accurate, current and complete Registration Data and to update your Registration Data as necessary in order to maintain it in an up to date and accurate fashion. Boefly® will verify and approve all registrants in accordance with its standard verification procedures, which does not include verifying the accuracy of any information provided. Once an application is reviewed and approved, Boefly® will send a confirmation e-mail to the e-mail address that you used to register for the Buyer Services and will set up your account ("Boefly® Account"). The confirmation e-mail will contain the following information: (i) your User Name; and (ii) your Password. You can access your specific Boefly® Account at the Site using your User Name and Password. You are responsible for maintaining the confidentiality of your Boefly® Account, User Name and Password and for restricting access to your computer. You agree to accept responsibility for all activities that occur through use of your Boefly® Account, User Name and Password including, without limitation, any purchases made therewith/therethrough.
9. License Grant. As a Buyer, you are granted a non-exclusive, non-transferable, revocable and limited license to access and use the Boefly® Buyer Offerings in accordance with the Agreement. Boefly® may terminate this license at any time for any reason. Unless otherwise expressly authorized by Boefly®, as a Buyer, you may only use the Boefly® Buyer Offerings for your own personal use. No part of the Boefly® Buyer Offerings may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical. You may not use, copy, emulate, clone, rent, lease, sell, modify, decompile, disassemble, reverse engineer or transfer the Boefly® Buyer Offerings and/or any portion thereof. You may not create any "derivative works" by altering any aspect of the Boefly® Buyer Offerings. You may not use the Boefly® Buyer Offerings in conjunction with any other third-party content. You may not exploit any aspect of the Boefly® Buyer Offerings for any commercial purposes not expressly permitted by Boefly®. You further agree to indemnify and hold Boefly® harmless for your failure to comply with this Section 9. Boefly® reserves any rights not explicitly granted in the Agreement. You may not use any device, software or routine to interfere or attempt to interfere with the proper working of the Boefly® Buyer Offerings. You may not take any action that imposes an unreasonable or disproportionately large load on the Boefly® Buyer Offerings infrastructure.
10. Proprietary Rights. All material posted or made available by and through the Boefly® Buyer Offerings including, but not limited to, the design, selection, arrangement and coordination of such Boefly® Buyer Offerings is owned or licensed by or to Boefly®, and is protected under applicable copyrights, trademarks and other proprietary (including, but not limited to, intellectual property) rights. Except as expressly provided in the Agreement, no part of the Boefly® Buyer Offerings may be reproduced, recorded, retransmitted, sold, rented, broadcast, distributed, published, uploaded, posted, publicly displayed, altered to make new works, performed, digitized, compiled, translated or transmitted in any way to any other computer, website or other medium or for any commercial purpose, without Boefly's® prior express written consent. Except as expressly provided in the Agreement, you are not granted any rights or license to patents, copyrights, trade secrets, rights of publicity or trademarks with respect to any of the Boefly® Buyer Offerings or any document, software, services or other materials viewed at or through the Site and/or Services. The posting of information or material by and through the Boefly® Buyer Offerings by Boefly® does not constitute a waiver of any right in or to such information or materials. Boefly® reserves all rights not expressly granted in the Agreement. The "Boefly" and "Boe Knows" names and logos are trademarks of Boefly®. All custom graphics, icons and service names are trademarks of Boefly®. All other trademarks are the property of their respective owners. The use of any Boefly® trademark without Boefly's® express written consent is strictly prohibited.
11. Bypassing or Disabling any Portion of the Boefly® Buyer Offerings or Software. If you bypass or disable any portion of the Boefly® Buyer Offerings or associated software including, without limitation, the blocking of cookies, or blocking the operation of any other Boefly® systems, you are in violation of the Agreement and Boefly® may suspend or terminate your Boefly® Account and/or use of the Boefly® Buyer Offerings without notice. Termination of your Boefly® Account will not excuse you from any criminal or other civil liability that may result from your actions.
12. Accessing Boefly® Buyer Offerings. You are responsible for obtaining and maintaining, at your own cost and expense, all input/output devices or equipment (such as modems, terminal equipment, computer equipment and software) and communications services (including, without limitation, long distance or local telephone services) necessary to access the Boefly® Buyer Offerings and for ensuring that such equipment and services are compatible with Boefly's® requirements.
13. Indemnification. You agree to indemnify and hold Boefly®, its parents and subsidiaries, and each of their respective members, officers, directors, employees, agents, co-branders, content licensors and/or other partners, harmless from and against any and all claims, expenses (including reasonable attorneys' fees), damages, suits, costs, demands and/or judgments whatsoever, made by any third party due to or arising out of: (a) your use of any of the Boefly® Buyer Offerings; (b) your breach of the Agreement; (c) your violation of any rights of another individual and/or entity; and (d) any dispute between you and any Site visitor, Seller, Service Provider, Third-Party Provider, Registered User or other third-party including, but not limited to, any default on any loan by a Seller. The provisions of this Section 13 are for the benefit of Boefly®, its parents, subsidiaries and/or affiliates, and each of their respective officers, directors, members, employees, agents, shareholders, licensors, suppliers and/or attorneys. Each of these individuals and entities shall have the right to assert and enforce these provisions directly against you on its own behalf.
14. Disclaimer of Warranties. THE BOEFLY® BUYER OFFERINGS AND/OR ANY OTHER BOEFLY® PRODUCTS AND/OR SERVICES, ARE PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS. ANY AND ALL WARRANTIES, EXPRESS AND IMPLIED, ARE DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND/OR FITNESS FOR A PARTICULAR PURPOSE). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, BOEFLY® MAKES NO WARRANTY THAT THE BOEFLY® BUYER OFFERINGS AND/OR ANY OTHER BOEFLY® PRODUCTS AND/OR SERVICES: (A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE OR THAT DEFECTS WILL BE CORRECTED; (C) WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; (D) WILL HAVE SECURITY METHODS EMPLOYED THAT WILL BE SUFFICIENT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF SAME, OR AGAINST INFRINGEMENT; AND/OR (E) WILL BE ACCURATE OR RELIABLE. THE BOEFLY® BUYER OFFERINGS AND/OR ANY OTHER BOEFLY® PRODUCTS AND/OR SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. BOEFLY® WILL NOT BE LIABLE FOR THE AVAILABILITY OF THE UNDERLYING INTERNET CONNECTION ASSOCIATED WITH THE SITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM BOEFLY®, ANY REGISTERED USERS, REGISTERED SERVICE PROVIDERS, THIRD-PARTY PROVIDERS OR OTHERWISE THROUGH OR FROM THE BOEFLY® BUYER OFFERINGS, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.
15. Limitation of Liability. YOU EXPRESSLY UNDERSTAND AND AGREE THAT BOEFLY® SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL AND/OR EXEMPLARY DAMAGES INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF BOEFLY® HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), TO THE FULLEST EXTENT PERMISSIBLE BY LAW FOR: (A) THE USE OR THE INABILITY TO USE THE BOEFLY® BUYER OFFERINGS AND/OR ANY OTHER BOEFLY® PRODUCTS AND/OR SERVICES; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, CONTENT AND/OR ANY OTHER BOEFLY® PRODUCTS AND/OR SERVICES PURCHASED OR OBTAINED FROM OR THROUGH THE BOEFLY® BUYER OFFERINGS; (C) YOUR INABILITY TO LOCATE A SUITABLE SELLER, LOAN OFFER OR SERVICE PROVIDER, OR OTHERWISE UTILIZE THE BOEFLY® BUYER OFFERINGS TO SATISFY ANY MANNER OF FINANCIAL NEED; (D) THE UNAUTHORIZED ACCESS TO, OR ALTERATION OF, YOUR REGISTRATION DATA; AND (E) ANY OTHER MATTER RELATING TO THE BOEFLY® BUYER OFFERINGS AND/OR ANY OTHER BOEFLY® PRODUCTS AND/OR SERVICES. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION, IN THE AGGREGATE INCLUDING, BUT NOT LIMITED TO, SECURITIES LAW VIOLATIONS, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION AND ANY AND ALL OTHER TORTS. YOU HEREBY RELEASE BOEFLY® FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THE LIMITATIONS STATED HEREIN. IF APPLICABLE LAW DOES NOT PERMIT SUCH LIMITATION, THE MAXIMUM LIABILITY OF BOEFLY® TO YOU UNDER ANY AND ALL CIRCUMSTANCES WILL BE FIVE HUNDRED DOLLARS ($500.00). NO ACTION, REGARDLESS OF FORM, ARISING OUT OF YOUR USE OF THE BOEFLY® BUYER OFFERINGS AND/OR ANY OTHER BOEFLY® PRODUCTS AND/OR SERVICES MAY BE BROUGHT BY YOU OR BOEFLY® MORE THAN ONE (1) YEAR FOLLOWING THE EVENT WHICH GAVE RISE TO THE CAUSE OF ACTION . THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND BOEFLY®. ACCESS TO THE BOEFLY® BUYER OFFERINGS AND/OR ANY OTHER BOEFLY® PRODUCTS AND/OR SERVICES WOULD NOT BE PROVIDED TO YOU WITHOUT SUCH LIMITATIONS. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS ON LIABILITY AND IN SUCH JURISDICTIONS BOEFLY'S® LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
16. Third Party Websites. The Boefly® Buyer Offerings contain links to other websites on the Internet that are owned and operated by third parties, including Registered Users, Service Providers, Sellers and Third-Party Providers. In some instances, these websites are co-branded and the third parties are entitled to use Boefly's® name and logo on their third party websites. Boefly® does not control the information, products or services available on these third party websites. The inclusion of co-branding and/or links does not imply endorsement by Boefly® of the applicable website or any association with the website's operators. Because Boefly® has no control over such websites and resources, you agree that Boefly® is not responsible or liable for the availability or the operation of such external websites, for any material located on or available from any such websites or for the protection of your data privacy by third parties. Any dealings with, or participation in promotions offered by, advertisers, Service Providers, Sellers, Third-Party Providers and/or Registered Users featured on the Site, including the payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the applicable Service Provider, Seller, Registered User, Third Party Provider, advertiser or other third party. You further agree that Boefly® shall not be responsible or liable, directly or indirectly, for any loss or damage caused by the use of or reliance on any such material available on or through any such website or any such dealings or promotions.
18. Dispute Resolution Provisions. The Agreement shall be treated as though it were executed and performed in New York, New York and shall be governed by and construed in accordance with the laws of the State of New York (without regard to conflict of law principles). Should a dispute arise concerning the Boefly® Buyer Offerings, the terms and conditions of the Agreement or the breach of same by any party hereto, you may commence a formal dispute proceeding by completing and submitting an Initial Dispute Notice which can be found here. We may choose to provide you with a final written settlement offer after receiving your Initial Dispute Notice ("Final Settlement Offer"). If we provide you with a Final Settlement Offer and you do not accept it, or we cannot otherwise satisfactorily resolve your dispute, you can submit your dispute for resolution by arbitration before a reputable arbitration organization as mutually agreed upon by the parties, in your county of residence, by filing a separate Demand for Arbitration, which is also available on the Site here. For claims of Ten Thousand Dollars ($10,000.00) or less, you can choose whether the arbitration proceeds in person, by telephone or based only on submissions. If the arbitrator awards you relief that is greater than our Final Settlement Offer, then we will pay all filing, administration and arbitrator fees associated with the arbitration and, if you retained an attorney to represent you in connection with the arbitration, we will reimburse any reasonable attorneys' fees that your attorney accrued for investigating, preparing and pursuing the claim in arbitration. Any award rendered shall be final and conclusive to the parties and a judgment thereon may be entered in any court of competent jurisdiction. Nothing contained herein shall be construed to preclude any party from: (a) seeking injunctive relief in order to protect its rights pending an outcome in arbitration; and/or (b) pursuing the matter in small claims court rather than arbitration. Although we may have a right to an award of attorneys' fees and expenses if we prevail in arbitration, we will not seek such an award from you unless the arbitrator determines that your claim was frivolous.
To the extent permitted by law, you agree that you will not bring, join or participate in any class action lawsuit as to any claim, dispute or controversy that you may have against Boefly® and/or its employees, officers, directors, members, representatives and/or assigns. You agree to the entry of injunctive relief to stop such a lawsuit or to remove you as a participant in such a suit. You agree to pay the attorney's fees and court costs that Boefly® incurs in seeking such relief. This provision preventing you from bringing, joining or participating in class action lawsuits: (i) does not constitute a waiver of any of your rights or remedies to pursue a claim individually and not as a class action in binding arbitration as provided above; and (ii) is an independent agreement.
19. Miscellaneous. Should any part of the Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. Our failure to enforce any provision of the Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. The parties do not intend that any agency or partnership relationship be created through operation of the Agreement.
20. How to Contact Us. Our "Contact Us" page contains information that allows you to contact us directly with any questions or comments that you may have. We listen to or read, as applicable, every message sent to us and endeavor to reply promptly to each one. If you have any questions about the Agreement or the practices of Boefly®, please feel free to contact us at 800-277-3158 or at email@example.com.