BOEFLY® WEBSITE SERVICE PROVIDER 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 Service Provider Terms and Conditions (the "Service Provider Terms and Conditions"), in their
entirety, when you: (a) access or use the Site; or (b) register on the Site as a featured services provider, such as an accountant, attorney,
environmental engineer, appraiser and/or other service provider applicable to the subject matter of the Site ("Service Provider"), which will enable
you to access the various Service Provider-specific services made available to Service Providers by and through the Site (collectively, and as further
defined below, the "SP 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 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 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. Scope/Modification of Agreement. You agree to the terms and conditions outlined in the Agreement with respect to your use of the SP Services, Content, Site and/or any other analyses, research, opinions and/or information provided by or through same (collectively, "Boefly® SP Offerings"). The Agreement constitutes the entire and only agreement between you and Boefly® with respect to your use of the Boefly® SP Offerings and supersedes all prior or contemporaneous agreements, representations, warranties and/or understandings with respect to your use of the Boefly® SP Offerings. Boefly® may change the Agreement, and the scope and functionality of the Boefly® SP Offerings, in whole or in part, at any time without specific notice to you; provided, however, that any amendment or modification to the 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. The latest Agreement will be posted on the Site, and you should review the Agreement prior to using the Boefly® SP Offerings. By your continued use of the Boefly® SP 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, which shall be governed by the Dispute Resolution Provisions then in effect at the time of the subject dispute, 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® SP Offerings.
2. Requirements. By registering for the Boefly® SP 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) if you are registering on behalf of a business entity, that you are acting in your capacity as an authorized representative of the Service Provider on whose behalf you are attempting to register.
3. Description of the Site. Subject to the terms and conditions of the Agreement, Service Providers 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 requests for loans and other financial products as published on the Site (collectively, "Loan Requests") by individuals requesting financing ("Borrowers") from banks and/or other lenders ("Lenders"), financial disclosures, Registration Data, the Listings (as defined below) of other service providers, 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 SP Services (collectively, "Content"). In addition, Service Providers shall have access to the SP Services, as described more fully below. Please use caution, common sense and safety when using the Boefly® SP 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 Borrowers, Lenders, other service providers (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 other visitors, Registered Users, Third-Party Providers and/or other third parties.
4. 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 SP 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 such Content. Boefly® does not represent or warrant that the Content and other information posted by and through the SP 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® SP 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 SP Services, please feel free to contact us at 800-277-3158 or at firstname.lastname@example.org.
5. Description of the SP Services/Obligations of Service Provider.
(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 SP Services. The SP Services will enable you 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) post listings ("Listings") of your product and/or service offerings (collectively, "SP Products") on the Site; and (iii) submit articles to Boefly® which Boefly® may publish on the Site, as determined by Boefly® in its sole and exclusive discretion ("Articles" and together with the Listings and SP Products, "SP Content").
(b) Boefly® may reject any SP Content prior to it being made available by and through the Site and/or SP Services, and/or remove, or demand that Service Provider remove, any SP Content already listed/available at any time and for any reason, in Boefly's® sole discretion. Service Provider must immediately remove such SP Content after any such request for removal. The reasons for rejection/removal may include, without limitation, where Boefly® believes that the SP Content and/or any website, products and/or services linked to from the SP Content, is unsuitable for the Site for any reason including, without limitation: (i) that the SP Content contains or links to, or that the SP Content consists of, material that could be considered unlawful, harmful, threatening, defamatory, obscene, harassing or otherwise objectionable; (ii) that the SP Content contains or links to, or that the SP Content consists of, material that infringes upon the trademark, trade name, service mark, copyright, license, or other intellectual property or proprietary right of any third party; and/or (iii) where Boefly® believes that Service Provider, at any time, is conducting commercial activities that do not fully comply with all applicable local, state and federal laws, rules and regulations.
(c) Customers who buy SP Products, respond to Listings or perform any other transaction with Service Provider by and through the Site (collectively, "SP Customers") shall not be deemed to be the customers of Boefly®. Boefly® has no liability or responsibility to review, endorse, police or enforce any such Service Provider-SP Customer relationship(s). Boefly® shall have no obligation to resolve any dispute between SP Customers and Service Provider or any third party. Service Provider expressly agrees to indemnify and hold harmless Boefly®, its parents, affiliates and/or subsidiaries, and each of their respective officers, partners, members, managers, employees, agents and attorneys, harmless from and against any and all liabilities, claims, actions, suits, proceedings, judgments, fines, damages, costs, losses and expenses (including reasonable attorneys' fees, court costs and/or settlement costs) arising from or related to any SP Customer claims, SP Products, Listings or otherwise through Service Provider's participation on the Site.
(d) Service Provider represents and warrants that it is legally able to sell, distribute or otherwise provide each SP Product and/or other item included in the Listings, and that it is lawful to provide/sell such item to U.S. residents. Service Provider must accurately, comprehensively and truthfully describe each SP Product and/or other item included in the Listings and all terms of sale (including price), offer or distribution on the Listing page of the Site. Each Listing may only include text descriptions, graphics, pictures and other content relevant to the sale or distribution of that item.
(e) In connection with the SP Content, Service Provider represents and warrants that it will not: (i) display any telephone numbers, street addresses, last names, URLs, e-mail addresses or any confidential information of any third person; (ii) display, offer to sell or distribute any audio files, text, photographs, videos or other images containing confidential information, nudity or other matter that may be deemed obscene in your community, as defined under applicable law; (iii) impersonate any person or entity; (iv) "stalk" or otherwise harass any person; (v) engage in unauthorized advertising to, or solicitation of, visitors, Registered Users or other third parties; (vi) transmit any chain letters, spam or junk e-mail to visitors, Registered Users or other third parties; (vii) express or imply that any statements you make are endorsed by Boefly®, without our specific prior written consent; (viii) harvest or collect personal information about visitors, Registered Users or other third parties whether or not for commercial purposes, without their express consent; (ix) use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine," or in any way reproduce or circumvent the navigational structure or presentation of the Site or its contents; (x) remove any copyright, trademark or other proprietary rights notices contained on the Site; (xi) interfere with or disrupt the Site, Boefly® offerings and/or the servers and/or networks connected to same; (xii) post, offer for download, e-mail or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (xiii) post, offer for download, transmit, promote or otherwise make available any software, product or service that is illegal or that violates the rights of a third party including, but not limited to, spyware, adware, programs designed to send unsolicited advertisements (i.e. "spamware"), services that send unsolicited advertisements, programs designed to initiate "denial of service" attacks, mail bomb programs and programs designed to gain unauthorized access to networks on the Internet; (xiv) "frame" or "mirror" any part of the Site, without our prior written authorization; (xv) use metatags or code or other devices containing any reference to Boefly® and/or Site in order to direct any person to any other website for any purpose; and/or (xvi) modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Boefly® SP Offerings, other Boefly® offerings and/or Site or any software used in connection with same. Engaging in any of the aforementioned prohibited practices shall be deemed a breach of the Agreement and may result in the immediate termination of your Boefly® Account without notice, in the sole discretion of Boefly®. Boefly® reserves the right to pursue any and all legal remedies against Service Providers that engage in the aforementioned prohibited conduct.
(f) Additional Representations and Warranties of Service Provider. Service Provider represents and warrants that: (i) there is no pending or, to the best of Service Provider's knowledge, threatened claim, action or proceeding against Service Provider; (ii) it and the SP Content will comply with all laws, rules and regulations; and (iii) Service Provider will be solely responsible for the SP Content made available on the Site by Service Provider. Such responsibilities include, without limitation: (A) creating and posting Listings and, where applicable, Articles; (B) procuring SP Products; (C) the accuracy and propriety of Listings posted on and/or through the Site; (D) ensuring that SP Content does not violate or infringe upon the rights of any third party and is not defamatory, obscene, libelous, harmful, illegal or otherwise offensive; and (E) ensuring that the SP Content otherwise complies with all applicable laws.
(g) General. Boefly® undertakes no responsibility to monitor or otherwise police the SP Content, Registration Data and/or other material posted by Registered Users. As a result, Boefly® has no control over the ability of any Borrower and/or Lender, respectively, to complete a purchase of your SP Products. We are not responsible for ensuring that the applicable Borrowers and/or Lenders actually complete a transaction with you, or for any non-payment by same.
You understand and agree that Boefly® is not responsible or liable in any manner whatsoever for your inability to register as a Service Provider, publish an Article or otherwise use the Boefly® SP Offerings including, without limitation, the SP Services, Listings and/or Interactive Services. You understand and agree that Boefly® shall not be liable to you, or any third party, for any claim in connection with your use of, or inability to use, any of the Boefly® SP Offerings including, without limitation, the SP Services, Listings, Articles and/or Interactive Services.
6. Registration/Account. In order to obtain the Boefly® SP 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® SP 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 SP Services may include, without limitation, depending on the applicable SP Services requested: (a) full name; (b) full mailing address used in your capacity as a Service Provider; (c) telephone number(s) used in your capacity as a Service Provider; (d) e-mail address; (e) job title; (f) where registering on behalf of a business entity, the applicable business's name; (g) where registering on behalf of a business entity, the applicable business's website address; (h) where registering on behalf of a business entity, the applicable business's fax number; (i) detailed information regarding your SP Products; and (j) 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 SP Services and will set up your account ("Boefly® Account"). The confirmation e-mail will contain the following information: (A) your User Name; and (B) 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.
7. License Grant. As a Service Provider, you are granted a non-exclusive, non-transferable, revocable and limited license to access and use the Boefly® SP 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 Service Provider, you may only use the Boefly® SP Offerings for your own personal use. No part of the Boefly® SP 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® SP Offerings and/or any portion thereof. You may not create any "derivative works" by altering any aspect of the Boefly® SP Offerings. You may not use the Boefly® SP Offerings in conjunction with any other third-party content. You may not exploit any aspect of the Boefly® SP 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 7. 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® SP Offerings. You may not take any action that imposes an unreasonable or disproportionately large load on the Boefly® SP Offerings infrastructure.
8. Proprietary Rights. All material posted or made available by and through the Boefly® SP Offerings including, but not limited to, the design, selection, arrangement and coordination of such Boefly® SP 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® SP 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® SP 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® SP 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.
9. Bypassing or Disabling any Portion of the Boefly® SP Offerings or Software. If you bypass or disable any portion of the Boefly® SP 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® SP 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.
10. Accessing Boefly® SP 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® SP Offerings and for ensuring that such equipment and services are compatible with Boefly's® requirements.
11. 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® SP 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, Registered User, SP Customer, Third-Party Provider or other third-party including, but not limited to, any default on any loan by a Borrower. The provisions of this Section 11 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.
12. Disclaimer of Warranties. THE BOEFLY® SP 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® SP 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® SP 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® SP OFFERINGS, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.
13. 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® SP 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® SP OFFERINGS; (C) YOUR INABILITY TO PUBLISH AN ARTICLE, POST A LISTING, LOCATE A SUITABLE SP CUSTOMER OR OTHERWISE UTILIZE THE BOEFLY® SP OFFERINGS; (D) THE UNAUTHORIZED ACCESS TO, OR ALTERATION OF, YOUR REGISTRATION DATA; AND (E) ANY OTHER MATTER RELATING TO THE BOEFLY® SP 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® SP 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® SP 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.
14. Third Party Websites. The Boefly® SP Offerings contain links to other websites on the Internet that are owned and operated by third parties, including Registered Users 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, SP Customers, 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 SP Customer, 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.
16. 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® SP 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.
17. 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.
18. 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.