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Customer Terms and Conditions
By registering as a Customer (as defined below) of BeMyDD, LLC also dba Dryver (alternatively referred to herein as “BeMyDD”, we”, “us”, or “our” as the context requires) on BeMyDD.com, Dryver.com, getadriver.com, or any other website owned, licensed, or otherwise operated by BeMyDD (collectively, the “BeMyDD Websites”) or any other part of the BeMyDD Platform (as defined below), you (hereinafter alternatively referred to as “Customer”, “you”, or “your” as the context requires) are agreeing to the following Terms and Conditions.
The Terms and Conditions constitute a binding contract between you and BeMyDD (alternately referred to herein as this “Contract”, “Terms and Conditions” or “Agreement”). BeMyDD is the owner and operator of the BeMyDD Websites and the corresponding mobile applications made available on iOS or Android devices (collectively the “BeMyDD Applications” and, together with the BeMyDD Websites, the BeMyDD referral service, any all other BeMyDD software, and any and all BeMyDD telephone numbers, collectively, the “BeMyDD Platform”).
Except as otherwise defined in this Agreement, capitalized terms have the meanings set forth herein.
“Customer” is a person or entity that utilizes any part of the BeMyDD Platform or BeMyDD’s referral service to avail his, her, or itself, as the case may be, to Drivers willing to provide designated driving services.
“Driver” is a person who is registered on the BeMyDD Platform in order to utilize the BeMyDD Platform and BeMyDD’s referral service to avail themselves to Customers who seek designated driving services.
Description of Service
BeMyDD is a referral service that provides information to you about where, when, and from whom you may obtain driving services. By signing up with this service (referred to as “online service,” “referral service,” or simply “service”), we agree to provide you with timely information about individuals that may serve you. We require a referral fee, annual fee (for Customers with an account prior to October 10, 2014), and compliance with this Agreement in exchange for services, as detailed in the terms and conditions of this Agreement. By creating an account and receiving our referrals to Drivers, you agree to abide by all of the terms and conditions in this Agreement. During peak usage of the service, Drivers may not be available. Referrals to Drivers are available on a “first come, first serve” basis, and not guaranteed until confirmed by BeMyDD.
Before receiving any services from BeMyDD, you must become a registered Customer or sign a Waiver (for owners of vehicles requiring designated driving services, but not yet a registered Customer with BeMyDD). A registered Customer is one who completes the Customer registration process in one of three ways; by (1) filling out a registration form online through the “Sign Up” or “Customer Registration” section on a BeMyDD Website; (2) calling 1-877-823-6933 and asking to be signed up as a registered Customer; or (3) completing the “Customer Registration” section on BeMyDD’s mobile application.
As a Customer you will receive a password and account name for access to an online account with one or more of the BeMyDD Websites. You will be solely responsible for maintaining the confidentiality of the online account and its password, and are solely responsible for any and all activities that occur under your account.
As an account holder to one or more of the BeMyDD Websites, you agree to (a) immediately notify us of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you always exit from your account at the end of each session. You agree that BeMyDD cannot and will not be liable for any loss or damage arising from your failure to comply with these requirements.
You acknowledge, consent and agree that BeMyDD may access, preserve and disclose your account information if, in our sole discretion, we believe doing so is in any manner necessary to: (a) comply with legal process; (b) enforce the Terms and Conditions; (c) respond to claims that any online content that violates the legal rights or obligations of third parties with whom we contract; (d) respond to your requests for customer service; or (e) protect the rights, property and personal safety of BeMyDD, its users and the public.
BeMyDD, in its sole discretion, expressly reserves the right to immediately modify, suspend or terminate your account and refuse current or future use of our online services and referral services. Reasons for doing so include, but are not limited to, instances in which BeMyDD believes in its sole discretion, you have: (i) violated or tried to violate the legal rights of others to use the services of and/or associate with BeMyDD; or (ii) have violated this Agreement. You hereby agree that, under this Agreement, BeMyDD is not required to give you any prior notice of termination of your account and referrals..
• You agree to use the BeMyDD Platform only for lawful purposes.
• You agree to not make any disparaging comments about BeMyDD, its employees, Customers, or Drivers.
• You agree to use the BeMyDD Platform only for its intended purposes.
• You agree not to disrupt any part of the BeMyDD Platform.
• You agree not to interfere with or compromise the security of any part of the BeMyDD Platform, or any computer, server, account, network, data, software and/or hardware associated with BeMyDD or the BeMyDD Platform.
• You agree not to disrupt or interfere with any other visitor’s use of any part of the BeMyDD Platform.
• You agree not to offer or recommend any promotional materials, including but not limited to promotion/referral codes, on commercial coupon discount websites. Referral codes may only be personally distributed. You agree that BeMyDD has sole discretion to discredit and delete any promotional/referral code at any time for whatever reason BeMyDD deems appropriate.
• You agree not to attempt to obtain access to any portion of the BeMyDD Platform, any computer, server, account, network, software and/or hardware associated with BeMyDD or the BeMyDD Platform from which you are restricted.
• You agree that you are solely responsible for any actions you undertake while visiting any BeMyDD Website and that you will comply with all applicable local, state, federal and foreign laws, rules and regulations applicable to the BeMyDD Platform and the Internet, including United States copyright law and export regulations.
• You are responsible for all postings, messages, text, files, images, graphics, photos, audio clips, sounds, video or other materials that you post on, transmit through or link from or to any part of the BeMyDD Platform.
• You warrant that all information you provide to gain access to any part of the BeMyDD Platform or the services provided by BeMyDD is accurate and truthful.
• BeMyDD reserves the right to prohibit any conduct involving any part of the BeMyDD Platform that it deems to be inappropriate or illegal.
• BeMyDD does not knowingly or intentionally collect personal information from children under the age of 13. The content of the ByMyDD Platform is directed at adults and is intended for use only by adults over the age of 13. If you are under the age of 13, you may not submit any personal information to BeMyDD.
Payments and Fees
In exchange for a membership and/or referral fee (memberships are for legacy Customers that were registered with BeMyDD prior to October 10, 2014), BeMyDD shall provide you with the opportunity to avail yourself to Drivers willing to provide designated driving services. You hereby acknowledge and agree that your registration is made in order to facilitate a business transaction, and not a transaction to purchase goods or services for personal or household use.
BeMyDD shall list all pricing for all services in U.S. Dollars.
Customers who decide to be invoiced have only 7 days after the sending of an invoice to request adjustments or edits. After the 7 day window, the Customer forfeits their right to make any changes to which the full balance of the invoice shall be due.
If BeMyDD does not receive payment for services rendered within the agreed upon payment term, no longer than that of 30 days after invoice is sent, a 5% monthly penalty fee will be added to all due balances.
You may consider three options:
1. Personal Driving Service / Vehicle Relocation: BeMyDD shall refer you to a Driver that is available for an entire night, on a per-hour basis, for a minimum of four (4) hours. Rates vary by location. You will be billed for both driving and non-driving hours, and the total will be rounded up to the nearest full hour.
2. Two Driver Pick-Up Service: BeMyDD shall refer you to two Drivers that are available to drive you and your vehicle from one specified location to another, at a flat rate of $25 dollars plus the cost of mileage, for a minimum of $60. Mileage rates vary by location. If, upon arriving at the designated location, the Driver waits for over 15 minutes, you will be assessed a $6 fee per each 15 minute period the Driver continues to wait.
3. Peace of Mind Service: BeMyDD shall refer you to Driver teams able to “stand-by” at an event location, available to transport event attendee(s) and their vehicle(s) home upon signature of a Waiver. Hourly rates per team vary by location.
BeMyDD will automatically and immediately bill you for any referral you request, based upon the billing option you choose, by means of the credit card information you provide during the registration process, whenever possible. If a reservation is over $250, the payment will be charged 24-hours prior to the start of the order. Orders under $250 will be charged once service occurs. BeMyDD reserves the right to charge payment prior to the start time for any reservation without prior notice.
If your credit card is invalid or unauthorized for any reason, your access to the BeMyDD’s driving service may be suspended or cancelled immediately, without notice, and all the information contained within it deleted permanently. The payment due will need to be paid immediately, and a 2% daily non-payment fee will be added to the already outstanding balance.
For corporate customers who choose weekly billing, an invoice will be generated every week for the previous weeks billed hours and payment will be due upon receipt.
You will be responsible for paying any tolls or parking fees required during your use of the service, and will be responsible for any tolls required for the Driver to travel to your location prior to commencing your service.
You hereby agree that BeMyDD may alter service fees at any time, without prior notice to you, to affect any future referral from BeMyDD.
You hereby agree that BeMyDD will charge a 2% weekly compounding late fee for any past due balances charged on the Monday of each week.
If you wish to cancel your request for a referral, you must do so within six (6) hours of the requested start time. Failure to do so will result in an automatic, minimum cancellation charge of $60.00. Any cancellations/revisions to a reservation must be made through the corporate office either by editing the order in your profile on one of the BeMyDD Websites or by calling 1-877-823-6933 and speaking to a live customer service representative.
You are not permitted to receive driving services from Drivers registered with BeMyDD except through your contractual relationship with BeMyDD. All requests for service with BeMyDD must be placed directly with BeMyDD through its mobile application, website, or phone line, and calling a Driver directly is not considered a request for service with BeMyDD. You hereby agree that receiving driving services of the type provided to referrals from BeMyDD, and from the Drivers you obtain knowledge of through BeMyDD is a material breach of this Agreement and all rights and protections provided by this Agreement to you are null and void, and you hereby waive any rights or remedies you have against BeMyDD under this agreement or under applicable law. Any breach of these restrictions will result in a $10,000 fine per use of servce, each and every time the driver is used. This amount will be due immediately on breach of this agreement.
If you violate this provision, BeMyDD may, in its sole discretion and without notice, in addition to any remedies available under applicable law, (i) suspend or terminate you from current or future services through BeMyDD; (ii) pursue any remedy necessary to enforce this this provision in a court of law; and (iii) and recover damages related to enforcing this provision including but not limited to (a) lost profits; (b) costs; (c) expenses; and (d) attorney fees.
Copyright, Trademark and Intellectual Property
All information, content and material made available by BeMyDD through any part of the BeMyDD Platform, including, without limitation, any computer code, design, text, drawings, photographs, graphics, sound recordings and video recordings as well as any copyrights, trademarks, patents or other intellectual property or proprietary rights comprising any part of the BeMyDD Platform or any component or element thereof (collectively, the “Content”) is owned by or licensed to BeMyDD. The compilation of the Content on the BeMyDD Platform is the exclusive property of BeMyDD and its licensors and is protected by U.S. and international copyright law.
BeMyDD and its licensors retain all rights in the Content of the BeMyDD Platform. The Content may not be modified, copied, distributed, downloaded, displayed, e-mailed, transmitted, performed or sold in any form or by any means, in whole or in part, without the prior written consent of the respective owner thereof.
BeMyDD grants you permission to display and print the Content of the BeMyDD Websites (other than the computer code) for your personal, non-commercial use only; provided, that, even if you display or print the Content of any BeMyDD Website as permitted hereunder, you may not modify, reproduce, transmit, distribute, publicly display or perform, or create derivative works from that Content and you must retain all copyright and other proprietary notices contained in or on the Content.
The Content may not be used in connection with any service or information that is not BeMyDD’s or in any manner that is likely to cause confusion among consumers or that disparages BeMyDD. The rights granted herein terminate automatically if you breach these Terms and Conditions. Upon termination of these rights, you agree that you will immediately destroy any Content you displayed or printed.
BeMyDD and all derivations thereof are trademarks of BeMyDD. Other marks used on the BeMyDD Platform are either registered trademarks, trademarks, trade names, service marks, or otherwise protected property of BeMyDD and may not be used, copied or imitated without the prior written consent of BeMyDD.
Alteration of the BeMyDD Platform
BeMyDD may change, suspend or discontinue any feature, aspect, or service available through any part of the BeMyDD Platform at any time. BeMyDD may alter the availability of any feature of any part of the BeMyDD Platform or service related to any feature of the BeMyDD Platform at any time. BeMyDD may add, remove or modify any content of any part of the BeMyDD Platform, including that of third parties, at any time.
BeMyDD carries general corporate insurance only. BeMyDD requires that that both the Driver and the Customer maintain automobile liability insurance in amounts as required by the Driver’s and the Customer’s respective state laws (respectively, the “Driver’s Insurance” and the “Customer’s Insurance”). The Customer’s Insurance must cover the vehicle the Customer plans to be transported in by a BeMyDD referred Driver. BeMyDD does not insure or guarantee any payment or compensation for incidents that may occur during the service, and you acknowledge and agree that either you or the Driver may be personally liable for damages that are not covered by either the Driver’s Insurance or the Customer’s Insurance. In addition, BeMyDD is not responsible for any items lost or stolen, or any damage that may occur to the vehicle while it is parked whether attended or unattended by the Driver. Accordingly, you are at risk for any loss or physical damage that occurs during your use of the service.
You shall provide your Driver with proof of the Customer Insurance prior to each time that you receive the service. In the case of a customer renting a vehicle, the customer must purchase insurance from the rental car company covering the potential liability to the vehicle, any individuals in the vehicle, or any third party that may be involved in an incident. If the insurance purchased from the rental car company does cover the extent of the liability, the customer agrees to be solely responsible for any liability in excess of the policy they purchased from the rental car company from which they rented the vehicle.
BeMyDD shall not be responsible for any damage, loss, cost, or other liability whether or not any such damage, loss, cost, or other liability resulting from the service. You also acknowledge and agree that any damage, loss, cost, or other liability that arises as a result of where the vehicle was placed at the conclusion of a reservation (the conclusion of a reservation being the time when the Driver returns the keys to the vehicle back to the Customer) shall not under any circumstances be considered to have been caused directly or indirectly by the Driver or BeMyDD. In addition, if after an investigation and inquiry by BeMyDD, BeMyDD determines in its sole discretion that the Driver was at fault for an accident, Customer may be eligible (such eligibility determined by BeMyDD in its sole discretion), to be reimbursed by BeMyDD solely for payments Customer made toward the deductible in respect of the Customer Insurance in an amount not to exceed One Thousand Dollars ($1,000) (individually, each an “At Fault Deductible Reimbursement Payment”). Customer shall follow the procedures set forth in the section below titled “Procedure in Case of Accident or Injury” in order to submit and be eligible to receive a claim for an At Fault Deductible Reimbursement Payment.
BeMyDD shall not be held responsible in any occassion for a referred driver who may or may not be sick with any illness, sickness, virus, or any medical issue that may be contagious. All risk brought on by utilizing a BeMyDD referred driver will be at the liability and choice of the BeMyDD customer.
I acknowledge the contagious nature of the Coronavirus/COVID-19 and that the CDC and many other public health authorities still recommend practicing social distancing. I further acknowledge that BEMYDD LLC can not guarantee that I will not become infected with the Coronavirus/Covid-19. I understand that the risk of becoming exposed to and/or infected by the Coronavirus/COVID-19 may result from the actions, omissions, or negligence of myself and others, including, but not limited to, representatives, staff, and other clients and their families. I voluntarily seek services provided by BEMYDD LLC and acknowledge that I am increasing my risk to exposure to the Coronavirus/COVID-19. I acknowledge that I must comply with all set procedures to reduce the spread while utilizing or providing services.
LIABILITY WAIVER AND RELEASE OF CLAIMS:
I acknowledge that I derive personal satisfaction and a benefit by virtue of my participation in BEMYDD LLC services, and I willingly engage in BEMYDD services (the “Activity”).
RELEASE AND WAIVER.
I HEREBY RELEASE, WAIVE AND FOREVER DISCHARGE ANY AND ALL LIABILITY, CLAIMS, AND DEMANDS OF WHATEVER KIND OR NATURE AGAINST BEMYDD LLC AND ITS AFFILIATED PARTNERS AND SPONSORS, INCLUDING IN EACH CASE, WITHOUT LIMITATION, THEIR DIRECTORS, OFFICERS, EMPLOYEES, VOLUNTEERS, AND AGENTS (THE “RELEASED PARTIES”), EITHER IN LAW OR IN EQUITY, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, INCLUDING BUT NOT LIMITED TO DAMAGES OR LOSSES CAUSED BY THE NEGLIGENCE, FAULT OR CONDUCT OF ANY KIND ON THE PART OF THE RELEASED PARTIES, INCLUDING BUT NOT LIMITED TO DEATH, BODILY INJURY, ILLNESS, ECONOMIC LOSS OR OUT OF POCKET EXPENSES, OR LOSS OR DAMAGE TO PROPERTY, WHICH I, MY HEIRS, ASSIGNEES, NEXT OF KIN AND/OR LEGALLY APPOINTED OR DESIGNATED REPRESENTATIVES, MAY HAVE OR WHICH MAY HEREINAFTER ACCRUE ON MY BEHALF, WHICH ARISE OR MAY HEREAFTER ARISE FROM MY PARTICIPATION WITH THE ACTIVITY.
ASSUMPTION OF THE RISK.
I acknowledge and understand the following:
1. Participating in BEMYDD LLC services includes possible exposure to and illness from infectious diseases including but not limited to COVID-19. While particular rules and personal discipline may reduce this risk, the risk of serious illness and death does exist;
2. I knowingly and freely assume all such risks related to illness and infectious diseases, such as COVID-19, even if arising from the negligence or fault of the Released Parties; and
3. I hereby knowingly assume the risk of injury, harm and loss associated with the Activity, including any injury, harm and loss caused by the negligence, fault or conduct of any kind on the part of the Released Parties.
4. Customer agrees that in order to utilize service, that they, along with any other individuals in the vehicle with a driver will wear a mask for the entirety of the reservation. State law exemeptions are applicable.
MEDICAL ACKNOWLEDGMENT AND RELEASE.
I acknowledge the health risks associated with the Activity, including but not limited to transient dizziness, lightheaded, fainting, nausea, muscle cramping, musculoskeletal injury, joint pains, sprains and strains, heart attack, stroke, or sudden death. I agree that if I experience any of these or any other symptoms during the Activity, I will discontinue my participation immediately and seek appropriate medical attention. I DO HEREBY RELEASE AND FOREVER DISCHARGE THE RELEASED PARTIES FROM ANY CLAIM WHATSOEVER WHICH ARISES OR MAY HEREAFTER ARISE ON ACCOUNT OF ANY FIRST AID, TREATMENT, OR SERVICE RENDERED IN CONNECTION WITH MY PARTICIPATION IN THE ACTIVITY.
As a customer, or participant, I recognize that my participation and/or involvement (“Activity”) is voluntary and may result in personal injury (including death) and/or property damage. By attending, observing or participating in the Activity, I acknowledge and assume all risks and dangers associated with your participation and/or services at the Activity, and I agree that: (a) BEMYDD LLC (b) all past, present and future affiliates, successors, assigns, employees, volunteers, vendors, partners, directors, and officers, of such entities (subsections (a) through (b), collectively, the "Released Parties"), will not be responsible for any personal injury (including death), property damage, or other loss suffered as a result of your participation in, attendance at, and/or observation of the Activity, regardless if any such injuries or losses are caused by the negligence of any of the Released Parties (collectively, the "Released Claims"). BY ATTENDING AND/OR PARTICIPATING IN THE ACTIVITY, I HAVE GIVEN A FULL RELEASE OF LIABILITY TO THE RELEASED PARTIES TO THE FULLEST EXTENT PERMITTED BY LAW.
Procedure in Case of Accident or Injury
Once you notify BeMyDD of any accident or injury to persons or property, BeMyDD will provide you with the information necessary to contact the Driver and the carrier of the Driver’s Insurance. You will have the sole responsibility of pursuing any claim, should you feel that one exists, with the carrier of Customer’s Insurance or the carrier of the Driver’s Insurance.
For BeMyDD to consider a claim for an At Fault Deductible Reimbursement Payment, you must submit to BeMyDD at firstname.lastname@example.org (1) an official police report of the accident that states that the Driver was at fault within five days of the accident giving rise to the claim, (2) written statement that includes a detailed narrative of the accident, where it occurred, when it occurred, who was involved, and the damages the occurred within five days of the accident giving rise to the claim, and (3) evidence in form and substance satisfactory to BeMyDD (in its sole discretion) that Customer paid the deductible for Customer’s Insurance in respect of the accident giving rise to the claim within five days of making such payment (collectively, the “At Fault Deductible Reimbursement Payment Claim Submission”). After Customer has submitted the At Fault Deductible Reimbursement Payment Claim Submission related to the accident, if after an investigation and inquiry by BeMyDD, BeMyDD determines in its sole discretion that Driver was at fault for an accident and that Customer is eligible to receive the At Fault Deductible Reimbursement Payment related to the accident, then BeMyDD shall send a waiver to Customer (each an “At Fault Deductible Reimbursement Payment Customer Waiver”). Within thirty (30) days of Customer returning the executed At Fault Deductible Reimbursement Payment Customer Waiver related to the accident giving rise to the claim to BeMyDD at email@example.com, BeMyDD shall send to Customer the At Fault Deductible Reimbursement Payment related to the accident giving rise to the claim.
Duty to Notify & Cooperate
In case of an accident, injury, violation of law, or violation of the terms and conditions of this Agreement by any person, you agree to provide immediate, written notice to BeMyDD. Written notice shall include a detailed narrative of the event or violation, including where it occurred, when it occurred, who was involved, and what damages are alleged, sent to firstname.lastname@example.org.
You also agree to fully and timely cooperate in any investigation by BeMyDD of any incident reported by you, a Driver, or any other person; any suit brought by a third party; and/or any process of binding arbitration that may affect a right or interest of BeMyDD. You acknowledge that your cooperation shall include, when relevant, release of any insurance information and medical information and/or tests, including your medical and law enforcement records, related to any accident, injury, violation of law, or violation of the terms and conditions of this Agreement.
In the event that you do not own the vehicle in which you plan to be transported by a BeMyDD referred Driver, you must notify BeMyDD immediately. Failure to do so is a material breach of this Agreement.
Prior to receiving any requested driving services under these circumstances, the vehicle owner must provide to BeMyDD a completed, written Waiver, or call to verbally agree to the terms of the Waiver by phone. If either a written or verbal waiver is not completed within two hours prior to the beginning of your reservation, the order may be subject to cancellation. If your order is cancelled for your failure to provide a waiver two hours prior to your reservation, you will be assessed a late cancellation fee of $60.00.
Notwithstanding your previous representations to BeMyDD or your Driver regarding vehicle ownership, in the instance that you utilize driving services through BeMyDD and BeMyDD has not received any form of waiver regarding vehicle ownership, you represent and warrant to BeMyDD that you have obtained lawful access to a vehicle that you own, and are lawfully using that vehicle to consummate BeMyDD’s referral services.
By failing to obtain any form of waiver based on vehicle ownership, BeMyDD does not waive any right to enforce any provisions of this Agreement, including indemnification and hold-harmless provisions.
If a vehicle is rented from a third-party, you represent and warrant that insurance for the vehicle has been purchased from that third-party or another third-party covering the vehicle, any individuals in the vehicle, and any damage caused to a 3rd party during the duration of the rental.
You hereby acknowledge that you are receiving only referral services from BeMyDD, and that each Driver to whom you are referred is an independent contractor and is not an employee of BeMyDD. You and BeMyDD agree that this relationship does not create any actual or apparent agency, partnership, franchise, or relationship of employer and employee between the Driver and BeMyDD.
You also acknowledge that any Driver to whom you are referred is not authorized to enter into or commit BeMyDD to any agreements beyond those authorized by this Agreement. Furthermore, the Driver is contractually bound to not represent itself as the agent or legal representative of BeMyDD, and shall not be construed as ever doing so.
Indemnification & Waiver
You agree to forever waive, indemnify, defend, and hold harmless BeMyDD and its officers, directors, employees, agents and other representatives from and for any claims, allegations, lawsuits, or other proceedings for any injury, loss, or damage resulting from a referral from BeMyDD, including costs of litigation, settlement, award, and attorney fees. You agree to forever indemnify, agree to defend, and hold harmless BeMyDD and its officers, directors, employees, agents and other representatives from and against all damages, losses, and causes of action including, without limitation, costs, awards, settlements, attorney fees, and damages to the extent caused by:
1. Breach of any provision of this Agreement by you, your Driver, or BeMyDD;
2. Misrepresentation or falsity of any affirmation, warranty, or claim by you within this Agreement or while receiving service;
3. Negligent or willful acts by you, your Driver, or BeMyDD;
4. Non-compliance or breach of any applicable law, rule or regulation by you, your Driver, or BeMyDD; and/or
5. Infringement of any right of any third party by you, your Driver, or BeMyDD.
In the event of any litigation or proceeding brought against BeMyDD and arising out of or in any way connected with any of the above events or claims against which you agree to defend BeMyDD, you shall, upon notice from BeMyDD, vigorously resist and defend such actions or proceedings in consultation with BeMyDD through legal counsel reasonably satisfactory to BeMyDD.
You hereby agree that, should BeMyDD determine to pay you an At Fault Deductible Reimbursement Payment, such payment does not constitute a waiver of any of the terms in this section.
EXCEPT AS PROVIDED IN THIS AGREEMENT, THE BEMYDD PLATFORM IS PROVIDED “AS-IS” AND “AS-AVAILABLE”. BEMYDD MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, CONCERNING THE OPERATION OF THE BEMYDD PLATFORM, THE CONTENT, INFORMATION, AND/OR SERVICES AVAILABLE ON OR THROUGH ANY PART OF THE BEMYDD PLATFORM.
THE COMPANY DOES NOT GUARANTEE THE ACCURACY, ADEQUACY OR COMPLETENESS OF ANY INFORMATION PROVIDED AT OR THROUGH ANY PART OF THE BEMYDD PLATFORM (BY LINK OR OTHERWISE) AND IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS, OR FOR THE RESULTS OBTAINED FROM USE OF SUCH INFORMATION.
YOU AGREE THAT BEMYDD IS NOT RESPONSIBLE FOR AND CANNOT GUARANTEE AGAINST THE INTRODUCTION OF VIRUSES OR WORMS, OR UNAUTHORIZED USERS ATTEMPTING TO ACCESS, OR OBTAINING ACCESS TO ANY PART OF THE BEMYDD PLATFORM OR YOUR COMPUTER OR OTHER SYSTEMS FROM OR THROUGH A PART OF THE BEMYDD PLATFORM.
BEMYDD MAY TEMPORARILY OR PERMANENTLY SUSPEND ACCESS TO OR DISCONTINUE ANY PART OF THE BEMYDD PLATFORM OR ANY PAGE OF ANY BEMYDD WEBSTIE AT ITS DISCRETION, AT ANY TIME, WITHOUT NOTICE.
YOU AGREE TO VISIT THE BEMYDD WEBSTIES AND USE THE BEMYDD PLATFORM SOLELY AT YOUR OWN RISK. YOU AGREE THAT YOUR USE OF ANY PART OF THE BEMYDD PLATFORM, AND ANY CONTENT, INFORMATION AND/OR SERVICES AVAILABLE THROUGH ANY PART OF THE BEMYDD PLATFORM IS SOLELY AT YOUR OWN RISK.
WE DO NOT WARRANT THAT THE BEMYDD PLATFORM WILL BE AVAILABLE AT ALL TIMES OR THAT A VISITOR’S USE WILL BE CONTINUOUS AND/OR ERROR FREE. WE DO NOT MAKE ANY WARRANTIES THAT THE CONTENT, INFORMATION AND/OR SERVICES AVAILABLE THROUGH ANY PART OF THE BEMYDD PLATFORM ARE ACCURATE, RELIABLE, OR CURRENT.
THE COMPANY DISCLAIMS, TO THE MAXIMUM EXTENT PERMISSIBLE, ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF SATISFACTORY QUALITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON-INFRINGEMENT IN RELATION TO THE CONTENT, INFORMATION, SERVICE OR PRODUCTS PROVIDED AT, THROUGH OR IN CONNECTION WITH ANY PART OF THE BEMYDD PLATFORM.
Limitation of Liability
EXCEPT AS PROVIDED IN THIS AGREEMENT, NEITHER WE, NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, SERVING, HOSTING, MAINTAINING AND/OR UPDATING ANY PART OF THE BEMYDD PLATFORM SHALL BE LIABLE, UNDER ANY CIRCUMSTANCES FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY PART OF THE BEMYDD PLATFORM, THE SERVICE OR THE CONTENT, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND/OR CONSEQUENTIAL DAMAGES ARISING FROM HARM INCLUDING, BUT NOT LIMITED TO INJURY TO PROPERTY OR PERSON, MISTAKES, OMISSIONS, INTERRUPTIONS, DETERIORATION OR CORRUPTION OF FILES, DELETION OR CORRUPTION OF E-MAIL, ERRORS, LOSS OF DATA, LOSS OF PROFITS, DEFECTS, VIRUSES, AND/OR DELAYS, THAT RESULT FROM YOUR USE OF OR INABILITY TO USE ANY PART OF THE BEMYDD PLATFORM, RESULTING FROM ACTS INCLUDING BUT NOT LIMITED TO ACTS OUTSIDE OF OUR CONTROL, NETWORK FAILURE, HARDWARE OR SOFTWARE FAILURE, THEFT, INTERNET FAILURE, UNAUTHORIZED ACCESS, THE COMPANY’S NEGLIGENCE OR YOUR OWN ERRORS AND/OR OMISSIONS AND ANY OTHER CAUSE, EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT THIS SECTION APPLIES TO ALL CONTENT, GOODS AND SERVICES AVAILABLE THROUGH ANY PART OF THE BEMYDD PLATFORM. IN ANY JURISDICTION WHERE EXCLUSION OR LIMITATION OF LIABILITY FOR ANY TYPE OF DAMAGES IS PROHIBITED, BEMYDD’S LIABILITY IS LIMITED TO THE MAXIMUM EXTENT ALLOWED BY THAT JURISDICTION. IF YOUR USE OF ANY PART OF THE BEMYDD PLATFORM OR THE CONTENT, INFORMATION, PRODUCTS OR SERVICES PROVIDED AT, THROUGH OR IN CONNECTION WITH THE BEMYDD PLATFORM OR ANY OTHER WEBSITE LINKED TO ANY BEMYDD WEBSITE RESULTS IN ANY LOSS TO YOU, OR RESULTS IN THE NEED FOR ANY SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME RESPONSIBILITY FOR ALL SUCH LOSSES AND ALL COSTS ARISING THEREFROM OR ASSOCIATED THEREWITH.
Any failure by BeMyDD to exercise its rights or obligations as stated in this Agreement shall not constitute a waiver thereof. You shall not be entitled to a waiver of any of the terms or conditions of this Agreement unless one is obtained in a writing signed by both parties.
Except through a BeMyDD Website or with express permission from BeMyDD, you hereby agree that you shall not create or participate in any advertisement that identifies both you and any affiliation with any part of the BeMyDD Platform or BeMyDD. “Advertisement” is defined as any informational message, including any radio advertisement, billboard, flyer, leaflet, or other physical medium; or any website, mobile application, banner ad, or other digital medium that either identifies any part of the BeMyDD Platform or BeMyDD, and/or uses any of the Content, intellectual property, including copyrighted text, pictures, and images of BeMyDD or being used as part of the BeMyDD Platform, including marks protected by US trademark laws.
You agree that BeMyDD retains sole authority to advertise it service, and may continue to do so in its sole discretion, notwithstanding the terms, conditions and obligations set forth in this Agreement.
You hereby affirm that you are of sound mind and body to enter this Agreement, are able to understand it, and hereby waive any defense to the enforceability of its terms and conditions, including intoxication.
Any dispute over this Agreement or any other matter between you and BeMyDD arising shall be subject to binding arbitration in the State of Ohio, city of Cleveland, with an arbitrator chosen by BeMyDD. You and BeMyDD agree to share the cost of the arbitrator.
To cancel your subscription at any time, email “email@example.com” or call 1-877-UBEMYDD (1-877-823-6933).
BeMyDD reserves the right to amend this agreement at any time, without notice, to affect future dealings between you and BeMyDD. You may not alter this Agreement, your obligations, or our obligations unless such an alteration is obtained in a writing signed by both parties.
Breach of any of this Agreement shall entitle BeMyDD, in its sole discretion, to suspend or terminate your registration as a Customer with the BeMyDD.
This Agreement constitutes the entire agreement between both parties, and supersedes all prior oral or written promises and contracts regarding your use of the services of BeMyDD.