Read entirely for full terms and conditions.
Customer Terms and Conditions
By registering as a Customer on the BeMyDD.com website, you are agreeing to the following Terms and Conditions. The Terms and Conditions constitute a binding contract between you and BeMyDD, LLC (hereinafter referred to as "BeMYDD"). BeMyDD is the owner and operator of BeMyDD.com and it’s mobile applications made available on iOS or Android devices (hereinafter collectively referred to as “BeMyDD.com”). For purposes of this contract (alternately referred to as "Contract" “Terms and Conditions” or "Agreement"), any references to "you" or "your" within this document shall refer to you, the Customer utilizing the BeMyDD website, mobile application, and/or referral service and software. Any reference to "we" "us" or "our" shall refer solely to BeMyDD.
Except as otherwise defined in this Agreement, capitalized terms have the meanings set forth herein.
“Customer” is a customer, whether registered or not registered, of BeMyDD.com that utilizes BeMyDD’s referral service to avail themselves to Drivers willing to provide designated driving services.
“Driver” is a registered driver of BeMyDD.com that utilizes BeMyDD’s referral service to avail themselves to Customers to provide 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 http://www.bemydd.com; (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. Signing a Waiver, or completing the waiver process by phone does not make you a registered Customer.
As a Customer you will receive a password and account name for access to an online account with BeMyDD.com. 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 a BeMyDD.com account holder, 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.
Payments and Fees
You agree to use BeMyDD.com only for lawful purposes.
You agree to not make any disparaging comments about BeMyDD, its employees, Customers or Drivers.
You agree to use BeMyDD.com only for its intended purposes.
You agree not to disrupt BeMyDD.com.
You agree not to interfere with or compromise the security of BeMyDD.com, or any computer, server, account, network, data, software and/or hardware associated with BeMyDD.com.
You agree not to disrupt or interfere with any other visitor's use of BeMyDD.com.
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 BeMyDD.com, any computer, server, account, network, software and/or hardware associated with BeMyDD.com, from which you are restricted.
You agree that you are solely responsible for any actions you undertake while visiting BeMyDD.com and that you will comply with all applicable local, state, federal and foreign laws, rules and regulations applicable to BeMyDD.com 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 BeMyDD.com.
You warrant that all information you provide to gain access to the services provided by BeMyDD.com is accurate and truthful.
BeMyDD reserves the right to prohibit any conduct involving BeMyDD.com 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 BeMyDD.com 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.
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. Designated Driving Service: BeMyDD shall refer you to a Driver that is available for an entire night, on a per-hour basis, for a minimum of three (3) 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 reervation 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.
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 two hours of the requested start time. Failure to do so will result in an automatic, minimum cancellation charge of $60. Any cancellations/revisions to a reservation must be made through the corporate office either by editing the order in your profile on www.bemydd.com 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.
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 BeMyDD.com, 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 BeMyDD.com or any component or element of BeMyDD.com (collectively, the "Content") is owned by or licensed to BeMyDD. The compilation of the Content on BeMyDD.com 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 BeMyDD.com. 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 BeMyDD.com (other than the computer code comprising BeMyDD.com) for your personal, non-commercial use only; provided, that, even if you display or print the Content of BeMyDD.com 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 must immediately destroy any Content you displayed or printed.
BeMyDD and all derivations thereof are trademarks of BeMyDD. Other marks used on BeMyDD.com 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 BeMyDD.com
BeMyDD may change, suspend or discontinue any feature, aspect, or service available through BeMyDD.com at any time. BeMyDD may alter the availability of any feature of BeMyDD.com or service related to any feature of BeMyDD.com at any time. BeMyDD may add, remove or modify any content of BeMyDD.com, including that of third parties, at any time.
BeMYDD carries general corporate, automobile liability, and automobile collision insurance that may provide liability coverage for damage and loss in the event of automobile accidents caused by its referred Drivers. In order for an incident to be eligible for coverage, it must be definitively identified as fault by the driver by a formal police report, without a doubt, to be a direct result of the Reservation. Any issues that arise where the cause is left as undetermined will not be eligible. BeMyDD has the sole right to the final decision on whether to make any claim with the insurance carrier after an investigation into each incident. You understand that a claim may be denied and not entered by BeMyDD to the insurance carrier for whatever reason BeMyDD deems necessary. BeMyDD does not guarantee any payment whatsoever or compenation for incidents that may occur, whether or not the decision has been made to make an insurance claim of the incident. However, either you or your Driver may be personally liable for damages that either the Driver’s, BeMyDD’s, or your insurance does not cover. Please see the section entitled "Duty to Notify & Cooperate / Procedure in Case of Accident or Injury" for the terms and procedure in the event of an accident that may invoke insurance coverage. BeMyDD reserves the right to modify or terminate it's insurance, at any time, in its sole discretion, and without prior notice.
As a condition of using the services of BeMyDD, you are required to maintain and carry proof of your respective state's minimum motor vehicle insurance (Hereinafter "Policy"). This requirement is not intended to be a limitation of insurance . To the extent that you carry motor vehicle insurance above the state’s minimum (such as comprehensive insurance), that is a your choice. Accordingly you are at risk of any content loss or physical damage that occurs during your use of the service. That insurance must cover the vehicle you plan to be transported in by a BeMyDD referred Driver. You must own that vehicle, or comply with this section as well as the section below entitled "Car Ownership."
You shall make available proof of the Policy to your Driver prior to receiving service. You agree that you will notify BeMyDD immediately if you do not have such insurance due to a failure to purchase, cancellation, or lapse.
BeMyDD shall not be responsible for any issues, expenses, or future costs related to where a vehicle was placed at the conclussion of a reservation. The end of a reservation is identified by the driver giving the vehicle keys back to the customer. 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. Customer's understand they hold sole responsibility for any of these events if they were to occur.
Addition Coverage Fees are a required cost enabling a possible option for coverage that may apply on a case-by-case basis as listed in this agreement. Any vehicles that are more than eight passenger autos will not be eligible for potential insurance coverage and you understand that you will take full liability for any issues, including insurance coverage, that may arise during service rendered by the driver.
Autos with a market value over $70,000.00 must carry their own full coverage for their vehicle and will not be eligible for any potential coverage from BeMyDD. If an incident occurs where a BeMyDD reffered driver is clearly at fault confirmed by a police report, you may be eligible for BeMyDD to reimburse you for the insurance deductible paid to your auto insurance carrier, but nothing in excess of that deductible cost.
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 3rd 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 reponsible for any liability in excess of the policy they purchased from the rental car company from which they rented the vehicle.
Customer's agree that they will be completely responsible for all liability caused by random acts that may have been out of the control of the driver, including but not limited to: flat tires, damage caused by animals or obstrubtions in the road, bad weather, acts of nature, etc.
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 submit any claim to its insurance carrier on your behalf, such submission does not constitute a waiver of any of the terms in this section.
Duty to Notify & Cooperate / Procedure in Case of Accident or Injury
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 "contact@BeMyDD.com."
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 his/her insurance carrier. You will have the sole responsibility of pursuing any claim, should you feel that one exists, with your insurance carrier or the Driver and his/her insurance carrier. After an inquiry has been made of both the Driver’s and your insurance, and neither policy has provided coverage under your claim, you may submit the claim to BeMyDD for consideration under BeMyDD’s corporate insurance policy. To do so, send a request to our service department. For BeMyDD to consider a claim under BeMyDD’s insurance policies you must submit an official police report of the accident that states that the Driver was at fault. BeMyDD’s insurance coverage provides a second layer of protection against unforeseen auto accidents during BeMyDD’s referral service. BeMyDD on a case by case basis, in its sole discretion and at any point with or without cause, can make the decision to not pursue any claim brought by a Customer or Driver.
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.
EXCEPT AS PROVIDED IN THIS AGREEMENT, BEMYDD.COM IS PROVIDED "AS-IS" AND "AS-AVAILABLE". BEMYDD MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, CONCERNING THE OPERATION OF BEMYDD.COM, THE CONTENT, INFORMATION, AND/OR SERVICES AVAILABLE ON OR THROUGH BEMYDD.COM.
THE COMPANY DOES NOT GUARANTEE THE ACCURACY, ADEQUACY OR COMPLETENESS OF ANY INFORMATION PROVIDED AT OR THROUGH BEMYDD.COM (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 BEMYDD.COM OR YOUR COMPUTER OR OTHER SYSTEMS FROM OR THROUGH BEMYDD.COM.
BEMYDD MAY TEMPORARILY OR PERMANENTLY SUSPEND ACCESS TO OR DISCONTINUE BEMYDD.COM OR ANY PAGE OF BEMYDD.COM AT ITS DISCRETION, AT ANY TIME, WITHOUT NOTICE.
YOU AGREE TO VISIT BEMYDD.COM SOLELY AT YOUR OWN RISK. YOU AGREE THAT YOUR USE OF BEMYDD.COM, AND ANY CONTENT, INFORMATION AND/OR SERVICES AVAILABLE THROUGH BEMYDD.COM IS SOLELY AT YOUR OWN RISK.
WE DO NOT WARRANT THAT BEMYDD.COM 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 BEMYDD.COM 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 BEMYDD.COM.
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 BEMYDD.COM SHALL BE LIABLE, UNDER ANY CIRCUMSTANCES FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF BEMYDD.COM, 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 BEMYDD.COM, 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 BEMYDD.COM. 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 BEMYDD.COM OR THE CONTENT, INFORMATION, PRODUCTS OR SERVICES PROVIDED AT, THROUGH OR IN CONNECTION WITH BEMYDD.COM OR ANY OTHER WEBSITE LINKED TO BEMYDD.COM 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.com 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 BeMyDD.com 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 BeMyDD.com 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 BeMyDD.com or BeMyDD, and/or uses any of its intellectual property, including copyrighted text, pictures, and images; and 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 "contact@BeMyDD.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.