BY CLICKING ACCEPT, YOU AGREE TO THE FOLLOWING TERMS AND CONDITIONS OF USE:
1. The Company. The BRIDGES website and platform at https://www.makebridges.com (the “Site”) is owned and operated by Bridges Not Walls, Inc. (the “Company”), a company, with a mailing address of 1446 Seaspray Lane, Dunedin, FL 34698.
2. Binding Agreement. These terms and conditions constitute the Official Terms and Conditions (the “Terms”) for use of the Site. Download and/or use of the Site constitutes acceptance of these Terms and Conditions. The Terms form a binding legal agreement between any user of the Site (“User(s)”) and the Company.
3. Amendments. The Company reserves the right to amend the Terms at any time without notice to Users by posting changes on the Bridges website (the “Website”) or by updating the Site to incorporate the new Terms. Users are responsible for regularly reviewing information posted online to obtain timely notice of such changes. Continued use of the Site after changes are posted constitutes acceptance of the amended Terms.
4. Age. User hereby warrants that he or she is at least 13 years of age.
5. Representations of Users. Users, by uploading any Content, warrant and represent that (i) the Content does not contain any element or material that violates a third party’s intellectual property rights, including, but not limited to, copyrights, trademarks, patents, trade secrets, logos, contract and licensing rights, rights of publicity or privacy, moral rights or any other intellectual property rights, and (ii) the Content is not counterfeit, obtained through fraud, derogatory, disparaging, discriminatory, offensive, indecent, sexual, profane, tortious, threatening, defamatory, libelous, slanderous, or unlawful in any way.
6. Intellectual Property. Users, by uploading any Content, further warrant that such Content is User’s own original work and, as such, User is the sole and exclusive owner and rights holder of the Content and that User has the right, without the consent of any other person, to submit the Content and transfer any and all rights in the Content to the Company. Users, by uploading any Content, transfer to the Company all intellectual property rights in such Content, including, but not limited to, copyrights, trademarks, patents, trade secrets, logos, contract and licensing rights, rights of publicity or privacy, moral rights or any other intellectual property rights.
7. Indemnification. To the maximum extent permitted by law, User agrees to defend, indemnify and hold harmless the Company, its agents, representatives, and affiliates, from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages costs and expenses (including reasonable attorneys’ fees) arising out of, related to, or accruing from (i) User’s use of the Site, and/or (ii) any breach of any warranty set forth in these Terms by User, and/or (ii) any Content uploaded by User or by any other person through User’s account on the Site.
8. Malfunction. The Company is not responsible for any malfunction of the Site or any late, lost, damages, misdirected, incomplete, illegible, undeliverable, or destroyed Content due to system errors, failed, incomplete or garbled computer or other telecommunication transmission malfunctions, hardware or software failures of any kind, lost or unavailable network connections, typographical or system/human errors and failures, technical malfunctions of any telephone network or lines, cable connections, satellite transmissions, servers or providers, or computer equipment, traffic congestion on the Internet or on the Site, or any combination thereof, including other telecommunication, cable digital or satellite malfunctions which may limit an User’s ability to participate. The Company does not warrant that the Site will be compatible with any particular hardware or software which Users may use or attempt to use.
9. LIMITATION ON LIABILITY. USER ASSUMES ALL RESPONSIBILITY AND RISK WITH RESPECT TO USE OF THE SITE. THE SITE IS AVAILABLE “AS IS” AND “AS AVAILABLE.” USERS ACKNOWLEDGE AND AGREE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THAT THE COMPANY DISCLAIMS ALL WARRANTIES, REPRESENTATIONS AND ENDORSEMENTS, EXPRESS OR IMPLIED, WITH REGARD TO THE SITE INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY SHALL NOT BE LIABLE FOR DAMAGE TO, OR VIRUSES OR OTHER CODE THAT MAY AFFECT, ANY EQUIPMENT (INCLUDING, BUT NOT LIMITED TO, YOUR MOBILE DEVICE), SOFTWARE, DATA OR OTHER PROPERTY AS A RESULT OF DOWNLOAD, INSTALLATION, ACCESS TO OR USE OF THE SITE. IN THE EVENT THAT THE COMPANY, ITS AGENTS, REPRESENTATIVES OR ASSIGNS ARE HELD LIABLE TO USER IN A COURT OF COMPETENT JURISDICTION RELATING IN ANY WAY TO THE SITE, SUCH LIABILITY SHALL BE LIMITED, TO THE GREATEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, TO A REFUND OF ANY PURCHASE PRICE THAT MAY HAVE BEEN PAID FOR THE SITE.
10. Limitations on Content. Under no circumstances shall the submission of any Content or anything else provided for in these Terms be construed as an offer or contract for employment or a joint venture with the Company or any of its sponsors or affiliates. Users acknowledge, by uploading any Content, that they have submitted the Content voluntarily and not in confidence or in trust. Users further acknowledge, by uploading any Content, that no confidential, fiduciary, agency or other relationship or implied-in-fact contract exists between Users and the Company or any of its sponsors or affiliates as a result of such submission.
11. Limitation on Rights Conferred. The Company hereby grants User a non-transferrable limited license to use the Site in accordance with the terms, conditions and limitations of these Terms and User acknowledges and agrees that the Company has not transferred, conferred or granted any further rights in the Site through this agreement or otherwise. User agrees not to reproduce, duplicate, copy or re-sell the Site or any part of the Site except as may be expressly permitted by these Terms. User further agrees not to access without authority, interfere with, damage or disrupt (i) any part of the Site, or (ii) any equipment or network on which the Site is stored, or (iii) any software used in the provision of the Site.
12. Login Information. All Content is deemed made by the User for the account used to submit the Content. User is responsible to protect the privacy of his or her login information for the Site and hereby agrees to take full and final responsibility for any activity conducted under such login information including, but not limited to, a breach of any warranty or representation contained in these Terms.
13. Privacy. User agrees that personal data entered during the registration for and use of this Site, including name, electronic mail address, and data relating to User’s use of the Site may be processed, stored, shared and otherwise used for the purposes and within the context of the Site. Such data may also be shared, with affiliated and non-affiliated entities, for promotional and/or marketing purposes and User hereby consents to such use.
14. Data Charges. Use of the Site does not include the provision of a mobile device or other necessary equipment or services to access the Site. User acknowledges that use of the Site will require connectivity to the internet and may incur data charges and that the Company shall not, under any circumstances, be responsible for any such costs or charges that may be incurred by User.
15. Forum and Legal Recourse. These Terms, use of the Site, and every aspect of the relationship between User and the Company shall be governed by, subject to, and construed in accordance with the laws of the State of Florida, excluding all conflict of law rules. If any provision(s) of these Terms are held to be invalid or unenforceable, all remaining provisions hereof will remain in full force and effect.
16. Arbitration. User agrees that exclusive jurisdiction for any dispute, claim or demand related in any way to the Site will be decided by binding arbitration. All disputes between User and the Company of whatsoever kind or nature arising out of or related to these Terms, use of the Site, or any other aspect of the relationship between User and the Company, shall be submitted to the American Arbitration Association for binding arbitration under its rules before one arbitrator to be mutually agreed upon by both parties. Such arbitration shall be conducted in Hillsborough County, Florida. The prevailing party in such arbitration shall be entitled to costs and fees (including reasonable attorneys’ fees) from the non-prevailing party. To the extent permitted by law, User expressly waives the rights to litigate, seek injunctive relief or make any other recourse to judicial or any other procedure in case of disputes or claims resulting from or in connection with the use of the Site. TO THE EXTENT THAT THIS WAIVER AND/OR USER’S AGREEMENT TO ARBITRATE IS DEEMED INEFFECTIVE, USER HEREBY WAIVES ANY RIGHT THAT USER MAY HAVE TO A TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR
RELATED TO THESE TERMS, USE OF THE SITE, OR ANY OTHER ASPECT OF THE RELATIONSHIP BETWEEN USER AND THE COMPANY.
17. Whole Agreement. These Terms constitute the entire agreement between User and the Company relating, in any way, to the use of the Site. These Terms supersede and exclude any prior terms and conditions, understanding or agreements between User and the Company, whether oral or in writing. These Terms may only be modified by a written amendment that is posted or updated in the Site by an authorized representative of the Company.