These Terms and Conditions were last updated on April 28, 2015
These Terms and Conditions apply to you when you: (a) access, view, download, or otherwise use any page on the Site other than the home page located at www.karmascreen.com; and/or (b) submit an online application to become a Booking Buddy member ("Member"), which enables you to utilize a host of services made available to Members by and through the Site ("Member Services"). By engaging in either of these actions, you acknowledge and agree that you (a) have read, understand, and agree to be bound by these Terms and Conditions in their entirety; (b) consent to the use of electronic signatures, contracts, orders, and other records, and to the electronic delivery of notices, policies, and records of transactions initiated or completed through the site or through any other interactions with Booking Buddy; and (c) waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require (i) an original signature, (ii) delivery or retention of non-electronic records, or (iii) payments or the granting of credits in ways other than through electronic means. The Site and Member Services are available only to individuals that are at least eighteen (18) years of age and that can enter into legally binding contracts under applicable law. If you are under eighteen (18) years of age or do not agree to these Terms and Conditions in their entirety, do not access, view, download, or otherwise use any page on the Site other than the home page located at www.karmascreen.com and do not submit an online application to become a Member.
These terms and conditions may be amended from time to time. Notification of any changes will be made by us posting new terms onto the Site. In continuing to use the Member Services you confirm that you accept the then current terms and conditions in full at the time you use the Service. If you do not accept terms and conditions which we have varied then you must cancel your registration or subscription within 30 days of such change being made and the previous terms will continue to apply pending termination. If you continue to use the Service without notifying us of your objections within 30 days you will be deemed to have accepted the varied Terms and Conditions.
If, prior to the effective date of these Terms and Conditions, you entered into a Membership Agreement with Booking Buddy governing your use of Member Services, your continued use Member Services is now subject to these Terms and Conditions, which supersede the Membership Agreement subject to the limitations described in the preceding paragraph.
Booking Buddy contains a database of publicly available sources of information aggregated for your convenience. Through Booking Buddy, other users can view or execute certain media, text, data, images, graphics, user interfaces, audio, video, photographs, trademarks, logos, artwork, designs, magnetic translations, digital conversions, software, and other materials posted to or made available through the Site (collectively, "Content") as compiled, distributed, and displayed by Booking Buddy and other third-party content providers ("Third-Party Providers") including, but not limited to, third-party websites or services that provide information about individuals (each, a "Visitor") that can be searched for and accessed through the Site ("Searches"). You are granted a non-exclusive, non-transferable, revocable, and limited license to access and use the Site, Content, and, if you are a Member, Member Services, in accordance with these Terms and Conditions ("Booking Buddy License"). Booking Buddy may terminate this license at any time for any reason.
As a condition to access the Site, including Member Services, and without limiting the generality of the foregoing, you agree that, unless otherwise expressly authorized by these Terms and Conditions or in writing by Booking Buddy, you will not:
Conduct any Searches or otherwise obtain or use any Content or other information obtained from or through the Site about a Visitor for purposes prohibited under the Fair Credit Reporting Act ("FCRA");
Because Booking Buddy is not a Consumer Reporting Agency, you are prohibited under the FCRA from using any information obtained from the Site about a Visitor including, but not limited to, information obtained through Visitor submissions and aggregated by Booking Buddy, as a factor in determining the Visitor's eligibility for Employment; Tenancy; Education Admission or Benefits; Personal Credit, Loans, or Insurance; Business Transactions Initiated by an Individual Consumer.
Using information about a Search Subject obtained from Booking Buddy in these ways violates both these Terms and Conditions and the law, and can lead to possible criminal penalties. We take this very seriously, and reserve the right to terminate user access, terminate Accounts, and report violators to law enforcement as appropriate. If you are not sure whether your desired use of information obtained from Booking Buddy complies with these restrictions, please refrain from using Booking Buddy and deactivate your account immediately.
We allow you to access the Site as it may be available at any given time and have no other obligations, except as expressly stated in these Terms and Conditions. You are solely responsible for your use of the Site and any information you obtain from the Site. Booking Buddy reserves the right, but undertakes no obligation, to:
The proprietary rights to all Content, including, without limitation, the Searches, and any rights in the design, selection, arrangement, compilation, and coordination of such Content, are owned by or licensed to Booking Buddy and are protected under applicable laws (including, but not limited to, copyright, trademark, and other intellectual property laws). Except as expressly provided in these Terms and Conditions or with Booking Buddy's express written consent, you are not granted any rights or licenses to use any patents, copyrights, trade secrets, rights of publicity, or trademarks of Booking Buddy or with respect to any of the Content. The "Booking Buddy" name and logo are trademarks of Booking Buddy. All custom graphics, icons and service names are trademarks of Booking Buddy. All other trademarks are the property of their respective owners.
Booking Buddy reserves any and all rights not explicitly granted in these Terms and Conditions. By using the Site, you do not acquire any ownership rights to the Site, Member Services, Content, or any other information obtained from the Site.
YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS OF OUR SITE AND OUR SERVICE. We reserve the right, but have no obligation, to monitor disputes between you and other users. You agree to release us, our parents, subsidiaries and affiliated entities and ours and their shareholders, officers, directors, employees and agents, successors and assigns from all claims, demands, damages, losses, liabilities of every kind, know and unknown, direct and contingent, disclosed and undisclosed, arising out of or in any way related to such disputes. If you are a California resident, you waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor."
You grant to Booking Buddy, an irrevocable, perpetual, royalty-free, worldwide, unlimited, assignable, sublicenseable, fully-paid-up license to copy, distribute, publish, prepare derivative works of, commercialize, retain, analyze, and otherwise use, in any way now known or in the future discovered and without any obligation to notify, identify, or compensate you or anyone else, any information, ideas, concepts, comments, feedback, Content, Registration Data, and other materials that you submit, directly or indirectly, to Booking Buddy through the Site, including, but not limited to, any information associated with Search Subjects and any ideas or suggestions regarding the Site or the Member Services. By submitting such information or materials to us, you represent and warrant that your submission and Booking Buddy's use of your submission do not and will not breach any agreement, violate any law, or infringe any right of any third party (including, but not limited to, privacy and intellectual property rights), and that the information you submit is accurate. Booking Buddy does not solicit ideas, concepts, or other materials from you regarding improvement of the Site or services provided through the Site and you acknowledge that you are responsible for, and bear all risk as to the use or distribution of, any such ideas, concepts, or materials.
Images and Content
This Site contains Content, including but not limited to text, software, images, data, messages, or any other information (collectively, "Materials"). All Content displayed on this Site are protected by the First Amendment rights to Free Speech, Free Expression and Freedom of the Press. The Site firmly believes that the best judge of appropriate information retrieval is you, not the government or third parties. We therefore offer you access to the Content posted on the Site, and allow our users to decide for themselves what information they desire to receive and review. The Site is merely a venue for the dissemination of information, and is therefore considered an "Internet Access Provider" under Section 230 of the Communications Decency Act of 1996. Therefore, this Site and its owners and agents are immune from all claims and suits based on the content of the communications passing through our Site. You acknowledge that the Site may offer online content that could be deemed "adult" or "erotic" in nature. Additionally, you are on notice that some of the Materials presented on the Site may contain graphic depictions and descriptions of explicit, offending, or disturbing activities. You acknowledge that you are aware of the nature of the Materials provided by this Site, that you are not offended by sexual or adult oriented material about erotic private dancers, escorts, massage experts, strippers, sensual adult entertainers or any other adult oriented material, and that you access the Site freely, voluntarily and willingly. You are further aware of the community standards of your community, and you will only access the content on this Site if you believe, upon diligent investigation, that the content on this Site does not offend the community standards prevalent in your community. You further agree not to use or access this Site if doing so would violate the laws of your state, province or country.
If you seek any form of child pornography, you must exit this Site immediately. You acknowledge that all Content on the Site are protected by the First Amendment to the United States Constitution, and that the Site contains no child pornography. We take a strong and definite stand against child pornography and only allow Content that are protected by the First Amendment. If you identify any images, real or simulated, depicting minors engaged in sexual activity within the Site, please report the images to our customer support. Include with your report any appropriate evidence, including the date, time, and location of identification. All reports will immediately be investigated and the appropriate action will be taken. We enthusiastically cooperate with any law-enforcement agency investigating child pornography. If you suspect other outside websites are participating in unlawful activities involving minors, please report them to www.asacp.org. Users should implement parental control protections, such as computer hardware, software, or filtering services, which may help users to limit minors’ access to harmful material.
By submitting a complete and accurate online application to become a Member (the "Application"), agreeing to these Terms and Conditions, and receiving approval from Booking Buddy, Members can, for a fee, obtain an Account. Among other Member Services, Members are able to, subject to the restrictions contained in these Terms and Conditions and for the applicable fees, receive bookings and receive background information about other Members and Visitors.
The following provisions apply to you only to the extent that you submit an Application and, if your Application is granted and you become a Member, your use of Member Services:
To join the Site as a Member, you must be at least eighteen (18) years of age with the requisite equipment and Internet connection to access the Member Services. Booking Buddy will evaluate your Application and notify you of your Application's acceptance or rejection. If at any time any of the information you supply as part of your Application changes, you must immediately inform Booking Buddy of these changes. Booking Buddy may reject your Application and/or terminate your Account at any time and for any reason, in Booking Buddy's sole discretion. If you elect to submit an Application, you acknowledge that you have independently evaluated the desirability of obtaining the Member Services and that you have not relied on any representation or warranty about the Member Services other than those set forth in these Terms and Conditions.
You may be required to register for a username or obtain a password prior to obtaining access to Member Services. You acknowledge and agree that (a) you are responsible for maintaining the security and confidentiality of your username and password, (b) you will not use any other Member's username and password to access that Member's Account, (c) you will not permit others to access your Account, and (d) you will not sell, trade, or otherwise share your username and password with any other person. If you violate any of these provisions, you agree that you are responsible for any actions that occur through your Account, whether or not taken by you.
Booking Buddy reserves the right, in its sole discretion, to restrict, suspend, or terminate your Account, with or without cause. You may, in your sole discretion, terminate your Account upon forty-eight (48) business hours' prior written notice to Booking Buddy.
Upon any expiration, termination, restriction, or suspension of your Account or your participation in the Member Services:
Any and all licenses and rights granted to you in connection with these Terms and Conditions shall immediately cease and terminate;
Any and all confidential or proprietary information of Booking Buddy that is in your possession or control must be immediately returned or destroyed. If requested by Booking Buddy, you or an authorized agent will certify in a signed writing that all such confidential and proprietary information has been returned or destroyed; and
You shall remit payment on any and all fees then due and owed to Booking Buddy within five (5) days of any such expiration or termination.
Obligations that, by their nature, would survive any termination or expiration of the Account shall survive any termination or expiration of the Account.
If you wish to cancel your subscription or membership you should email us at email@example.com. On receipt of an email by you to us cancelling your membership then we will deactivate your account.
We reserve the right to terminate your membership immediately without notice if in our opinion you have breached these terms. In the event of termination, we will deactivate your account and you will no longer have access to the Member Services.
Failure to use the Member Services does not constitute a basis for refusing to pay any of the associated fees. Upon prior written notice to you (with email constituting sufficient written notice), Booking Buddy reserves the right in its sole discretion to change its pricing or billing practices. By not terminating your Account within seven (7) days after receiving such notice, you agree to comply with, and be bound by, the new pricing or billing practices. If you do terminate your account, you will remain responsible for timely payment of any and all fees that you have already incurred (including any applicable late fees).
If you fail to make any scheduled payment for accrued fees, such overdue amounts may be subject to interest charges in the amount of the lesser of one and one half percent (1.5%) per month, compounded monthly, or the maximum amount permitted by law. Your Account may be deactivated, and access to the Site denied, for non-payment.
Although we aim to offer you the best service possible, we make no promise that Booking Buddy will meet your requirements. We cannot guarantee that the Member Services will be fault-free. If a fault occurs with the Site or the Service you should report it to firstname.lastname@example.org and we will attempt to correct the fault as soon as we reasonably can.
Your access to the Member Services may be occasionally restricted or interrupted to allow for repairs, maintenance or the introduction of new facilities or services or because we are unable to offer the Member Services for reasons beyond our control (such as a denial of service attack). In this event we will attempt to restore the service as soon as we reasonably can. Access to the Site may be restricted whether or not you have registered with us. Any such restrictions or interruptions shall not constitute a breach by us of these terms.
You agree to indemnify and hold Booking Buddy, its parents, subsidiaries, affiliates, joint ventures, and third-party service providers, and each of their respective members, officers, directors, employees, agents, shareholders, co-branders, content licensors, suppliers, contractors, attorneys, and other partners, harmless from and against any and all liabilities, claims, expenses (including reasonable attorneys' fees), damages, suits, costs, demands, and judgments made by any third party, including, but not limited to, by any Search Subject, arising from or related to: (a) your use of the Site or any Content you obtain through the Site, including, but not limited to, information obtained through Searches and other information about Search Subjects; (b) your failure to comply with these Terms and Conditions including, but not limited to, your violation of any laws or any rights of another individual or entity; or (c) any claim that Booking Buddy is obligated to pay any taxes in connection with your use of the Site, Member Services, or otherwise. The provisions of this paragraph are for the benefit of Booking Buddy, its parents, subsidiaries, affiliates, joint ventures, and third-party service providers, and each of their respective officers, directors, members, employees, agents, shareholders, co-branders, licensors, suppliers, contractors, attorneys, and other partners. Each of these individuals and entities shall have the right to assert and enforce these provisions directly against you on his, her, or its own behalf.
Our system sends emails on your behalf using a third party provider in order to maintain a high reputation with ISPs for transactional email management. However, we cannot guarantee that emails will not occasional be blocked by spam filters, bounced or in some other way not be delivered.
THE SITE, ANY INFORMATION CONTAINED THEREIN, THE CONTENT, SCREENING CHECKS, MEMBER SERVICES, AND ANY OTHER BOOKING BUDDY PRODUCTS OR SERVICES, ARE PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS 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 FITNESS FOR A PARTICULAR PURPOSE). DO NOT RELY ON THE SITE, ANY INFORMATION PROVIDED THEREIN, OR ITS CONTINUATION. IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, BOOKING BUDDY AND ITS PARENTS, SUBSIDIARIES AND AFFILIATES MAKE NO REPRESENTATION OR WARRANTY THAT THE SITE, ANY INFORMATION CONTAINED THEREIN, THE CONTENT, BOOKING BUDDY CHECKS, MEMBER SERVICES, OR ANY OTHER BOOKING BUDDY PRODUCTS OR SERVICES: (a) WILL ACHIEVE ANY PURPOSE FOR WHICH YOU INTENDED TO USE BOOKING BUDDY; (b) WILL BE UNINTERRUPTED, TIMELY, SECURE, AND ERROR-FREE (INCLUDING, BUT NOT LIMITED TO, DUE TO SYSTEM OR NETWORK FAILURES, UPDATES, DISTURBANCES RELATED TO INTERNET SERVICE PROVIDERS, MAINTENANCE, OR MALICIOUS ATTACKS), OR THAT DEFECTS OR ERRORS WILL BE CORRECTED; (c) WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; (d) WILL EMPLOY SECURITY METHODS THAT GUARANTEE THAT YOU WILL NOT EXPERIENCE INTERFERENCE WITH YOUR USE OR ENJOYMENT OF THE SITE, OR THAT GUARANTEE THAT YOUR RIGHTS WILL NOT BE INFRINGED; OR (e) WILL BE 100% ACCURATE, COMPLETE, AND UP-TO-DATE. THE SITE, ANY INFORMATION CONTAINED THEREIN, THE CONTENT, BOOKING BUDDY CHECKS, MEMBER SERVICES AND ANY OTHER BOOKING BUDDY PRODUCTS OR SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS, OR OTHER LIMITATIONS. BOOKING BUDDY AND ITS PARENTS, SUBSIDIARIES AND AFFILIATES WILL NOT BE LIABLE FOR THE AVAILABILITY OF THE UNDERLYING INTERNET CONNECTION YOU USE TO ACCESS THE SITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM BOOKING BUDDY, ANY MEMBERS, THIRD-PARTY PROVIDERS, OR OTHERWISE THROUGH OR FROM THE SITE, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS AND CONDITIONS. YOUR USE OF THE SITE IS AT YOUR SOLE RISK, AND BOOKING BUDDY DOES NOT REPRESENT OR WARRANT THAT YOUR USE OF THE SITE WILL NOT INFRINGE THE RIGHTS OF THIRD PARTIES.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT BOOKING BUDDY AND ITS PARENTS, SUBSIDIARIES, AFFILIATES, JOINT VENTURES, AND THIRD-PARTY SERVICE PROVIDERS, AND EACH OF THEIR RESPECTIVE MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SHAREHOLDERS, CO-BRANDERS, CONTENT LICENSORS, SUPPLIERS, CONTRACTORS, ATTORNEYS, AND OTHER PARTNERS, SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF BOOKING BUDDY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), TO THE FULLEST EXTENT PERMITTED BY LAW, ARISING FROM OR RELATED TO: (a) THE USE OF OR THE INABILITY TO USE THE SITE, ANY INFORMATION CONTAINED THEREIN, THE CONTENT, BOOKING BUDDY CHECKS, MEMBER SERVICES, OR ANY OTHER BOOKING BUDDY PRODUCTS OR SERVICES; (b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES RESULTING FROM YOUR PURCHASE OF OR OBTAINING ANY BOOKING BUDDY PRODUCTS, SERVICES, CONTENT, OR OTHER DATA THROUGH THE SITE; (c) THE UNAUTHORIZED ACCESS TO, OR ALTERATION OF, YOUR REGISTRATION DATA OR ANY OTHER INFORMATION ABOUT YOU MAINTAINED BY BOOKING BUDDY; AND (d) ANY OTHER DISPUTE RELATING TO THE SITE, ANY INFORMATION CONTAINED THEREIN, OR ANY OTHER BOOKING BUDDY PRODUCTS OR SERVICES. THIS LIMITATION APPLIES TO ALL STATUTORY AND COMMON-LAW CAUSES OF ACTION INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION, AND ANY AND ALL OTHER TORTS.
YOU HEREBY RELEASE BOOKING BUDDY AND ITS PARENTS, SUBSIDIARIES, AFFILIATES, JOINT VENTURES, AND THIRD-PARTY SERVICE PROVIDERS, AND EACH OF THEIR RESPECTIVE MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SHAREHOLDERS, CO-BRANDERS, CONTENT LICENSORS, SUPPLIERS, CONTRACTORS, ATTORNEYS, AND OTHER PARTNERS, 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 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 SITE, ANY INFORMATION CONTAINED THEREIN, THE CONTENT, BOOKING BUDDY CHECKS, MEMBER SERVICES, OR ANY OTHER BOOKING BUDDY PRODUCT OR SERVICE MAY BE BROUGHT BY YOU OR BOOKING BUDDY MORE THAN ONE (1) YEAR FOLLOWING THE EVENT WHICH GAVE RISE TO THE CAUSE OF ACTION. THE LIMITATION OF LIABILITY SET FORTH IN THIS SECTION IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND BOOKING BUDDY. ACCESS TO THE SITE WOULD NOT BE PROVIDED TO YOU WITHOUT SUCH LIMITATION. IN THE EVENT SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF DAMAGES TO THE EXTENT INDICATED ABOVE, OUR LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
The Site contains links to other websites on the Internet that are owned and operated by third parties. In some instances, these websites are co-branded and the third parties are entitled to use Booking Buddy's name and logo on their websites. Booking Buddy does not control the information, products, or services available on or through these third party websites. The inclusion on the Site of a third-party link does not imply endorsement by Booking Buddy of the applicable website or any association with the website's operators. Because Booking Buddy has no control over such websites, you agree that Booking Buddy is not responsible or liable for the availability or the operation of such websites, for any material located on or available through such websites, or for the data practices of such websites, which shall be subject to those websites' policies and terms. If you click on any third-party advertisements on the Site, participate in any promotions offered by such advertisers, or purchase any goods or services from such advertisers, any terms, conditions, warranties, or representations associated with such dealings or promotions are solely between you and the applicable advertiser or other third party, and you agree that Booking Buddy shall not be responsible or liable, directly or indirectly, for any loss or damage you suffer through your dealings with or based on your reliance on any material made available by such advertisers.
These Terms and Conditions shall be treated as though they were executed and performed in Amsterdam, NL and shall be governed by and construed in accordance with the laws of the Netherlands (without regard to conflict of law principles).
At Booking Buddy, we expect that our customer service team will be able to resolve most complaints you may have regarding our provision or your use of the Member Services or Searches. If you have such a complaint, you can contact our customer service team as described in the "How to Contact Us" section below. In the unlikely event that your complaint remains unresolved, we prefer to specify now what each of us should expect in order to avoid any confusion later. Accordingly, you and Booking Buddy agree to the following resolution process for all disputes and claims that you or Booking Buddy have arising from our provision or your use of the Member Services or Searches (each a "Service Claim").
In an attempt to find the quickest and most efficient resolution of any Service Claim, you and Booking Buddy agree to first discuss the Service Claim informally for at least 30 days. To do that, the party who brings the Service Claim must first send to the other party a notice that must include (1) a description of the Service Claim and (2) a proposed resolution (together, the "Claim Notice"). If you want to raise a Service Claim, you must send your Claim Notice by email to us at email@example.com. If we would like to subsequently discuss your Service Claim with you, we will contact you using the email address or mailing address you provide in your letter to us. If Booking Buddy wants to raise a Service Claim, we will send our Claim Notice to you at the email address that we have on file for you. It is your responsibility to ensure the email address on file is accessible and operable.
IF YOU AND BOOKING BUDDY DO NOT REACH AN AGREED UPON RESOLUTION WITHIN 30 DAYS OF RECEIPT OF THE SERVICE CLAIM, YOU AND BOOKING BUDDY AGREE THAT THE SERVICE CLAIM MUST BE RESOLVED THROUGH BINDING INDIVIDUAL ARBITRATION BEFORE A LEGALLY-RECOGNIZED ARBITRATION ASSOCIATION.
AS AN EXCEPTION TO THIS ARBITRATION REQUIREMENT, EITHER PARTY HAS THE RIGHT TO (1) PURSUE A SERVICE CLAIM IN SMALL CLAIMS COURT OF APPROPRIATE JURISDICTION, OR (2) PURSUE AN INTELLECTUAL PROPERTY CLAIM OR CLAIM RELATING TO UNAUTHORIZED ACCESS TO DATA THROUGH THE SITE (INCLUDING, BUT NOT LIMITED TO, CLAIMS RELATING TO PATENT, COPYRIGHT, TRADEMARK, AND TRADE SECRETS, AND CLAIMS RELATING TO THE ACCESS OR RETRIEVAL OF DATA THROUGH THE SITE USING AN AUTOMATED PROCESS SUCH AS SCRAPING) IN STATE OR FEDERAL COURTS LOCATED IN NEW YORK, NY. BOTH BOOKING BUDDY AND YOU AGREE TO SUBMIT TO THE PERSONAL JURISDICTION OF THOSE COURTS FOR THESE CLAIMS.
NOTHING HEREIN SHALL BE CONSTRUED TO PRECLUDE ANY PARTY FROM SEEKING INJUNCTIVE RELIEF IN THE STATE OR FEDERAL COURTS LOCATED IN NEW YORK, NY IN ORDER TO PROTECT ITS RIGHTS PENDING AN OUTCOME IN ARBITRATION.
TO HELP RESOLVE ANY ISSUES BETWEEN US PROMPTLY AND DIRECTLY, YOU AND BOOKING BUDDY AGREE TO BEGIN ANY ARBITRATION OR COURT PROCEEDINGS ALLOWED UNDER THIS SECTION WITHIN ONE YEAR AFTER A CLAIM ARISES; OTHERWISE, THE CLAIM IS WAIVED.
YOU AND BOOKING BUDDY ALSO AGREE TO ARBITRATE IN EACH OF OUR INDIVIDUAL CAPACITIES ONLY, NOT AS A REPRESENTATIVE OR MEMBER OF A CLASS, AND EACH OF US EXPRESSLY WAIVES ANY RIGHT TO FILE A CLASS ACTION OR SEEK RELIEF ON A CLASS BASIS.
IT IS IMPORTANT THAT YOU UNDERSTAND THAT BY ENTERING INTO THIS AGREEMENT, BOTH YOU AND BOOKING BUDDY ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION AGAINST THE OTHER PARTY FOR SERVICE CLAIMS THAT ARE COVERED BY THIS "ARBITRATION AND DISPUTE RESOLUTION" SECTION. THE ARBITRATOR'S DECISION WILL BE CONCLUSIVE AND BINDING AND MAY BE ENTERED AS A JUDGMENT IN ANY COURT OF COMPETENT JURISDICTION.
You agree that any breach or threatened breach of these Terms and Conditions or any unauthorized or unlawful use of the Member Services or Searches would result in irreparable injury to Booking Buddy for which monetary damages would be inadequate. In such event, Booking Buddy shall have the right, in addition to other remedies available to it at law and in equity, to immediate injunctive relief without the need to post a bond. Nothing contained in these Terms and Conditions shall be construed to limit any legal or equitable remedies available to Booking Buddy.
To the extent that any information or material that appears on or is posted to the Site, or otherwise is made available by Booking Buddy, contains any representation, term, or condition that is in conflict or inconsistent with these Terms and Conditions, these Terms and Conditions shall take precedence unless the new representation, term, or condition is contained in a signed writing by a duly appointed officer of Booking Buddy.
If any provision of these Terms and Conditions is held invalid or unenforceable by any applicable court decision, that provision shall be changed and interpreted so as to best accomplish the objectives of the invalid or unenforceable provision within the limits of applicable law or the applicable court decision, and the remaining provisions of these Terms and Conditions shall remain in full force and effect.
Booking Buddy's failure to enforce a breach of or insist upon strict adherence to any provision of these Terms and Conditions shall not operate as or be construed to be a waiver of Booking Buddy's right to enforce breaches of or insist upon strict adherence to such provision or any other provision of these Terms and Conditions. Any waiver of a provision of these Terms and Conditions must be contained in a signed writing by a duly appointed officer of Booking Buddy.
Booking Buddy reserves the right to restrict, suspend, or terminate your Account or access to the Site if we determine, in our sole and absolute discretion, that you have violated these Terms and Conditions.
These Terms and Conditions will be binding on, inure to the benefit of and be enforceable by Booking Buddy's successors and assigns. You are not permitted to transfer, assign, or delgate any rights or obligations pursuant to these Terms and Conditions unless contained in a signed writing by a duly appointed officer of Booking Buddy, and Booking Buddy reserves the right to immediately terminate your use of the Site and Member Services if you attempt to do so.
Nothing in these Terms and Conditions creates any partnership, joint venture, agency, franchise, sales representative, or employment relationship between Booking Buddy and you or any other party. You have no authority to make or accept any offers or representations on behalf of Booking Buddy.
Booking Buddy may provide legal and other notices to you, in Booking Buddy's sole discretion, by (a) posting such notices or links to such notices on the Site, or (b) sending a notice by email, postal mail, overnight courier, or facsimile to any contact address or number that you have provided to Booking Buddy. If you wish to provide notice to Booking Buddy, you shall send such notice by email to firstname.lastname@example.org. Notices you send by email, with or without electronic confirmation, will not be deemed to be valid unless actual receipt is confirmed in a signed writing by a duly appointed officer of Booking Buddy.
Our "Contact Us" page contains information that allows you to contact us directly with any questions or comments that you may have. We endeavor to review and reply promptly to each comment sent to us. If you have any questions about these Terms and Conditions or the practices of Booking Buddy, or if you would like to register a complaint, notify Booking Buddy of a dispute, notify Booking Buddy of inaccurate or misleading information, or notify us of improper use of the Member Services, please feel free to contact us at email@example.com