This Agreement is between You and Boujee Connect and is required before You can use the site. English is the official language of this Agreement. These are our terms and if You use our Services, You are bound by them.
IF YOU DO NOT ACCEPT AND AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT OR YOU DO NOT MEET OR COMPLY WITH ITS PROVISIONS, DO NOT USE THE WEBSITE OR THE SERVICE.
Please review this Agreement carefully, including the Acceptable Website Use provision, which PROHIBITS ANY UNLAWFUL USE OF THE SITE, INCLUDING ESCORTING, PROSTITUTION AND HUMAN TRAFFICKING, and Arbitration provision, which describes how Disputes (defined below) will be resolved between us, and that no class actions may be brought under this Agreement. In order to proceed with this Agreement and to access the Services of the Website, You must acknowledge and agree to be bound by the terms of this Agreement, including the acceptable use limitations and Arbitration provision described herein. If You use our Services, You must do so lawfully and are bound to arbitration any disputes between us. You cannot bring a class action lawsuit. You cannot access our Services without agreeing to these terms.
1. Binding Agreement and Eligibility
Boujee Connect may terminate Your Membership for any reason, with or without notice. If your membership is terminated for any reason, You will not be entitled to any refund of unused subscription fees or unused credits. All terms of this Agreement survive such termination, and continue in full force and effect, except any terms that by their nature expire or are fully satisfied.
If You continue to use the Service, these terms are still applicable. You can terminate Your Membership whenever You want. We can terminate Your Membership at any time and for any reason. We won’t issue a refund if we think You failed to abide by these terms. These terms are still applicable after termination of Your Membership.
2. Term and Termination
The Website and the Service is for personal use only. Any other use, including use by competitors and the media, is considered Commercial Use by Commercial Users. For example, Members may not use the Service in connection with any commercial endeavours such as: (i) advertising or soliciting any User to buy or sell any products or services not offered by the Company, (ii) soliciting others to attend parties or other social functions, or networking, for commercial purposes, (iii) press or media purposes of any kind; all media inquiries should be directed to Boujee Connect contact on the contact page of the website, (iv) Seeking leads or customer information, even if ultimately requested or received off the site, or (v) scraping or otherwise collecting data or information of any kind. Organizations, companies, agencies, and/or businesses may not become Members and should not use the Service or the Website for any purpose. Illegal and/or unauthorized uses of the Website, including collecting usernames and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email and unauthorized framing of or linking to the Website may be investigated, and appropriate legal action may be taken, including without limitation, civil, criminal, and injunctive redress. Users of the Website may not use any information obtained from the Service to contact, advertise, solicit, or sell to any other User without his or her prior explicit consent. The Company may investigate and take any available legal action in response to illegal and/or unauthorized uses of the Website, including referring activities the Company deems suspicious to governmental authorities.
3. Your Membership Account
Your Membership account is for Your personal use only. You are responsible for maintaining the confidentiality of the username and password You designate during the registration process, and You are solely responsible for all activities that occur under Your username and password, including distribution of Your personal information to other users. You acknowledge that Boujee Connect is not responsible for third-party access to Your account information or personal information that results from voluntary distribution or theft or misappropriation of Your username or password or personal information.
4. Account Security
- a. Boujee Connect IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE WEBSITE OR MEMBER OF THE SERVICE. YOU ASSUME ALL RISK WHEN USING THE SERVICE, INCLUDING BUT NOT LIMITED TO, ALL OF THE RISKS ASSOCIATED WITH ANY ONLINE OR OFFLINE INTERACTIONS WITH OTHER MEMBERS, INCLUDING DATING OR SENDING MONEY TO ANOTHER MEMBER. YOU AGREE TO TAKE ALL NECESSARY PRECAUTIONS WHEN MEETING INDIVIDUALS THROUGH THE SERVICE. You should not provide Your financial information (for example, Your credit/debit card or bank account information), or wire or otherwise send money, to other Members.
- b. You understand that Boujee Connect makes no guarantees, either express or implied, regarding Your ultimate compatibility with individuals You meet through the Service or as to the conduct of such individuals.
We are not responsible for our users conduct online or offline. We don’t do criminal background checks on Members currently, but we may at any point, and by agreeing to these terms, You agree we can do such a check. You assume all the risk when using the Service. Please take appropriate precautions.
5. Intellectual Property
Boujee Connect owns and retain all proprietary rights in the Website and the Service, and in all content, trademarks, trade names, service marks, and other intellectual property rights related thereto. The Website contains the copyrighted material, trademarks, and other proprietary information of Boujee Connect. Except for that information that is in the public domain or for which You have been given written permission, You may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information. You agree to not remove, obscure or otherwise alter any proprietary notices appearing on any content, including copyright, trademark and other intellectual property notices.
6. Proprietary Rights
- a. You are solely responsible for the content and information that You post, upload, publish, link to, transmit, record, display or otherwise make available (hereinafter, "Post" or "Posting") on the Website or as part of the Service or transmit to other Members, including emails, videos (including streaming videos), photographs, voice notes, recordings or profile text, whether publicly posted or privately transmitted (collectively, “Content”). You may not Post on the Website or as part of the Service, or transmit to BoujeeConnect or any other Member (either on or off the Website), any material or engage in conduct on or through the site: (i) in violation of any applicable law or regulation, (ii) in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy, publicity or other personal rights of others, (iii) in a manner that is offensive, inaccurate, profane, intimidating, defamatory, obscene, threatening, abusive or hateful, (iv) use of multiple accounts for one user, or (v) express or imply that any statements you make are endorsed by Boujee Connect or any related websites, affiliates. You represent and warrant that all information that You submit upon registration is accurate and truthful and that You will promptly update any information provided by You that subsequently becomes inaccurate, misleading or false.
- b. Boujee Connect reserves the right, but has no obligation, to monitor any Content You post on the Website or as part of the Service. We may remove any Content that, in its sole opinion, violates, or may violate, any applicable law, the letter or spirit of this Agreement, or upon the request of any third party and any Member that posts such Content.
- c. By Posting Content on the Website or as part of the Service, You automatically grant to Boujee Connect an irrevocable, perpetual, non-exclusive, fully paid-up, worldwide right and license to: (i) use, copy, store, perform, display, reproduce, record, play, adapt, modify and distribute the Content, (ii) prepare derivative works of the Content or incorporate the Content into other works, and (iii) grant and authorize sublicenses of the foregoing in any media now known or hereafter created. In addition, so that we can prevent the use of your Content outside of the Service, you authorize Boujee Connect to act on your behalf with respect to infringing uses of your Content taken from the Service by other users or third parties. Our license to your Content is subject to your rights under applicable law (for example laws regarding personal data protection to the extent any Content contains personal information as defined by those laws) and is for the limited purpose of operating, developing, providing, and improving the Service and researching and developing new ones.
- d. You are prohibited from violating or attempting to violate the security of the Website, including, without limitation: (i) accessing data not intended for You or logging into a server or account that You are not authorized to access; (ii) attempting to probe, scan, or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (iii) attempting to interfere with or disrupt the Service or the Website including, without limitation, by way of submitting a virus to the Website, overloading, flooding, spamming, mail bombing, or crashing; (iv) sending unsolicited email, including promotions and/or advertising of products or services; (v) forging headers or otherwise manipulating identifiers in order to disguise the origin of any information transmitted to or through the Website or Service (either directly or indirectly through use of third- party software); (vi) using (or attempting to use) any engine, software tool, agent, or other device or mechanism, any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine,” or in any way reproduce or circumvent the navigational structure or presentation of the Website, Service or its Contents; (vii) modifying, adapting, sublicensing, translating, selling, reverse engineering, deciphering, decompiling or otherwise disassembling any portion of the Service or the Website or any software used on or for the Service or the Website, or cause others to do so.
- e. The Website may be used only for lawful purposes by individuals looking for relationships on their terms. As one of the conditions of Your use of the Website and the Service, You represent, warrant, and agree that You will not use (or plan, encourage, or help others to use) the Website or the Service for any purpose or in any manner that is prohibited by this Agreement or by applicable law (including but not limited to any applicable export controls). It is Your responsibility to ensure that Your use of the Website and the Service complies with this Agreement and to seek prior written consent from the site for any uses not permitted or not expressly specified herein. You hereby agree not to use the Website or the Service, for any of the following:
i. Using the Website as an escort or prostitute or using the Service to promote, solicit, or engage clients for an escort or prostitution service, or to engage or facilitate human trafficking of any kind, including past escort activities or affiliation with an escort site or service;
ii. Posting or sending material that exploits people under the age of 18, or solicits personal information from anyone under 18, failing to report knowledge of a person under the age of 18 to Boujee Connect, or continuing to use the site to interact in any way with anyone You know or believe is under the age of 18. Any violation of these prohibitions will result in termination of Your Membership and possible referral to law enforcement or other agencies.
iii. Posting any incomplete, false, misleading, or inaccurate Content about Yourself and/or Your profile;
iv. Posting any Content that is not entirely Your own or for which You do not have full rights to use;
v. Impersonating, or otherwise misrepresenting an affiliation, connection or association with, any person or entity;
vi. If You have a password, allowing any other person to access a non-public area of the Website, disclosing to or sharing Your password with any third parties, or using Your password for any unauthorized purpose; using meta tags or code or other devices containing any reference (express or implied) to the Website or the Service (or any trademark, trade name, service mark, logo or slogan of the Website) to direct any person to any other website for any purpose;
vii. Soliciting passwords or personal identifying information for commercial or unlawful purposes, or for any other reason that would constitute a violation of this Agreement, from other users;
viii. Engaging in advertising to, or solicitation of, other Members to send money, or buy or sell any products or services. You may not transmit any chain letters or junk/spam email to other Members. If You breach the terms of this subsection and send or post unsolicited bulk email, spam, or other unsolicited communications of any kind through the Service, You acknowledge that You will have caused substantial harm to Boujee Connect.
ix. Initiating contact with Members off site by any other means without first obtaining explicit permission from them to do so via the Website; x. Posting advertisements or solicitations of employment, business, or pyramid schemes;
xi. Using the Website or Service for activities that violate any law, statute, ordinance, or regulations;
xii. Using the Website or Service to encourage, promote, facilitate, or instruct others to engage in illegal activity;
xiii. Engage in any activity that violates criminal laws of the jurisdiction in which the Member resides, visits or contacts Members;
xiv. "Frame" or "mirror" any part of the Service or the Website, without the Company's prior written authorization;
xv. Using the Service in order to damage Boujee Connect or any related websites, affiliates, or subsidiaries;
xvi. Any competitive purpose, including copying, soliciting, competitive or market analysis, or any other use by a competitor;
xvii. Recruiting, including for pornography, modeling, or escort sites or brothels; and
xviii. Commercial Use as defined above.
No Harassment of Boujee Connect Employees
You will not harass, annoy, intimidate, or threaten any Boujee Connect employees or agents engaged in providing any portion of the Service to You. If we feel that Your behavior towards any of our employees is at any time threatening or offensive, we reserve the right to immediately terminate Your Membership and You will not be entitled to any refund of unused subscription fees.
You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. Without limiting the foregoing, if You believe that Your work has been copied and posted on the Service in a way that constitutes copyright infringement, please contact Boujee Connect and provide the following information: an electronic or physical signature of a person authorized to act on behalf of the copyright owner; identification of the copyrighted work that You claim is being infringed; identification of the material that is claimed to be infringing and where it is located on the Website; information reasonably sufficient to permit Boujee Connect to contact You, such as Your address, telephone number, and email address; a statement that You have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and a statement, made under penalty of perjury, that You are the copyright owner or authorized to act on the copyright owner's behalf.
- a. You must provide current, complete, and accurate information for Your Billing Account. You must promptly update all information to keep Your Billing Account current, complete, and accurate (such as a change in billing address, card number, or expiration date), and You must promptly notify Boujee Connect if Your payment method is cancelled (including if You lose Your card or it is stolen), or if You become aware of a potential breach of security (such as an unauthorized disclosure or use of Your username or password). Changes to such information can be made at “Account Settings” on the Website. If You fail to provide us any of the foregoing information, You agree that You are responsible for fees accrued under Your Billing Account. In addition, You authorize us to obtain updated or replacement expiration dates and card numbers for Your credit or debit card as provided by Your credit or debit card issuer.
- b. You agree that all payments made on the Website are final, and You will not challenge or dispute the charge with Your bank. You further agree that should You have any issues relating to Your payment (such as duplicate billing), You will open a support ticket through the Website to resolve the issue. Should a dispute be initiated with Your bank, You agree that You will be held responsible for any outstanding balance owed to us plus any dispute case fees charged by our bank. You agree that You will pay any outstanding balance You have with Boujee Connect within 30 days from the date of notification. Any outstanding balance left unpaid after 30 days may be submitted to a collections agency, and You agree that a collections fee of up to 50% of the outstanding balance will be added to the amount that You owe.
- c. In order to provide continuous service, Boujee Connect provides for automatic renewal. Whether it exercises the right or not, Boujee Connect has the right to automatically renew Your Membership from month to month. UNTIL TERMINATED, we MAY AUTOMATICALLY RENEW ALL PAID SUBSCRIPTIONS FOR THE SERVICES ON THE DATE SUCH SUBSCRIPTIONS EXPIRE. After Your initial subscription commitment period, and again after any subsequent subscription period, Your subscription will automatically continue for an additional equivalent period. By entering into this Agreement, You acknowledge that Your account will be subject to the above- described automatic renewals. If You do not wish Your account to renew automatically, or if You want to change or terminate Your subscription, please log in and go to “Account Settings” on the Website and follow the directions contained therein.
- d. WE MAINTAIN A STRICT NO-REFUND POLICY. ALL PURCHASES MADE ON THE WEBSITE ARE FINAL. IF YOU CHOOSE TO PURCHASE A SUBSCRIPTION PACKAGE ON THE WEBSITE, YOU AGREE THAT ABSOLUTELY NO REFUNDS, EITHER FULL OR PARTIAL, WILL BE ISSUED FOR ANY REASON OR FOR ANY UNUSED OR REMAINING SUBSCRIPTION OR CREDITS.
- e. When You deactivate Your account or if Your account is suspended for violating this Agreement or other policies, You agree that any remaining or unused subscription and credits will be forfeited and no refunds will be issued for any remaining or unused Membership subscription and credits. Further, if Your deactivated account is reinstated at a later date, You agree that any remaining or unused Membership subscription and credits You have remaining at the time of Your account deactivation will not be reinstated with Your account.
- f. Credits or a subscription purchased for a specific account is strictly non-transferable. You agree that any remaining or unused Membership subscription associated with an active or deactivated account will not be transferred to any other account belonging to You or someone else.
- g. Boujee Connect reserves the right to offer free Membership to any person(s) of its choice at any given time, for any duration, while charging other Members, at the same time. Boujee Connect also reserves the right to cancel the free trial period at any time, for all or any of its Members. A Member profile (both subscribers and a free Membership) may remain posted on the Website even if that Member is not actively using the Service. You acknowledge that although a Member’s profile may be viewed, You may not (even as a subscriber) be able to use the Service to communicate with that Member if he or she is not then actively using the Service.
10. Service and Modification to the Website
Boujee Connect does not guarantee that the Website will be fully operational all the time. Members may face significant service disturbances. Only in the event that the Website is offline for a period of more than 72 consecutive hours will a pro-rated refund be given. Boujee Connect DOES NOT OFFER TECHNICAL SUPPORT. We will offer support only for the Service related to the Website. The Company reserves the right at any time to modify or discontinue, temporarily or permanently, the Website or the Service (or any part thereof) with or without notice to any Member, group of Members or all Members. You agree that the Company shall not be liable to You or to any third party for any modification, suspension or discontinuance of the Service. To protect the integrity of the Website or the Service, the Company reserves the right at any time, in its sole discretion, to block users related to certain IP addresses from accessing the Website or Service.
11. User Information
The Website may contain, and the Service may provide, links to sites that are not maintained by Boujee Connect. While we try to include links only to those sites which are in good taste and safe for our users, we are not responsible for the content or accuracy of those sites and cannot guarantee that sites will not change without our knowledge. The inclusion of a link in the Website does not imply our endorsement of the linked site. If You decide to access linked third-party websites, You do so at Your own risk. Your correspondence or business dealings with, or participation in promotions of, third parties found on or through the Website or Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between You and such third party. You further acknowledge and agree that Boujee Connect shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of, or reliance upon, any such content, information, statements, advertising, goods or services or other materials available on or through any such linked website or resource.
- a. Boujee Connect is not responsible for any incorrect or inaccurate Content posted on the Website or in connection with the Service, whether caused by users of the Website, Members, or by any of the equipment or programming associated with or utilized in the Service.
- b. Boujee Connect is not responsible for the conduct of any kind, whether online or offline, of any User of the Website or Member of the Service.
- c. Boujee Connect is not responsible for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, User or Member communications.
- d. Boujee Connect is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any website or combination thereof, including injury or damage to users and/or Members or to any other person’s computer related to or resulting from participating or downloading materials in connection with the Website and/or in connection with the Service.
- e. Under no circumstances will Boujee Connect be responsible for any loss or damage, including personal injury or death, resulting from anyone’s use of the Website or the Service, any Content posted on the Website or transmitted to Members, or any interaction or contact between users of the Website, whether online or offline.
- f. THIS SITE IS FOR ENTERTAINMENT AND INFORMATIONAL PURPOSES ONLY. TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, Boujee Connect PROVIDES THE WEBSITE AND SERVICE ON AN “AS IS” AND “AS AVAILABLE” BASIS AND GRANTS NO WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE SERVICE OR THE WEBSITE (INCLUDING ALL CONTENT CONTAINED THEREIN) INCLUDING (WITHOUT LIMITATION) ANY IMPLIED WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, EXPECTATIONS OF PRIVACY, OR NON-INFRINGEMENT. Boujee Connect DOES NOT WARRANT THAT THE WEBSITE OR SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, SECURE, OR THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED.
- g. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE OR WEBSITE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE, OR LOSS OR CORRUPTION OF DATA THAT RESULTS OR MAY RESULT FROM THE DOWNLOAD OF ANY SUCH MATERIAL. IF YOU DO NOT ACCEPT THIS LIMITATION OF LIABILITY, YOU ARE NOT AUTHORIZED TO DOWNLOAD OR OBTAIN ANY MATERIAL THROUGH THE SERVICE OR WEBSITE.
- h. From time to time, Boujee Connect may make third-party opinions, advice, statements, offers, or other third-party information or content available on the Website and/or through the Service. All third-party content is the responsibility of the respective authors thereof and should not necessarily be relied upon. Such third- party authors are solely responsible for such content. Boujee Connect DOES NOT: (I) GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY THIRD- PARTY CONTENT ON THE WEBSITE OR PROVIDED THROUGH THE SERVICE, OR (II) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY THAT APPEARS ON THE WEBSITE OR SERVICE. UNDER NO CIRCUMSTANCES WILL Boujee Connect OR ITS AFFILIATES OR SUBSIDIARIES BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE RESULTING FROM YOUR RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE WEBSITE OR SERVICE OR TRANSMITTED TO OR BY ANY MEMBERS.
- i. Boujee Connect cannot guarantee and does not promise any specific results from use of the Website and/or the Service.
- j. This Website is only a venue—it acts as a venue for individuals to post personal and contact information for purposes of dating. Boujee Connect is not required to screen or censor information posted on the Website, including but not limited to, the identity of any user and any user content. We are not involved in any actual communication between Members. As a result, we have no control over the quality, safety, or legality of the information or profiles posted, or the truth or accuracy of such information. You agree You are solely responsible for Your interactions with other Members and that Boujee Connect is not liable in any way for Member communications. Boujee Connect reserves the right, but has no obligation, to monitor disputes between You and other Members. This includes, but is not limited to, conversations via regular email, dates, relationships, phone calls, meetings, he said/she said accusations or any other correspondence or interaction that occurs outside of the scope of the Website. The Website and Service is a tool for providing the initial contact between Members, anything beyond that is not in our control and is done so at the Members’ own risk. Members must use common sense about what information they reveal to others via email or any other means of communication. It is Your responsibility to ensure your safety and to investigate Members and verify they are legitimate relationship seekers. There are many different frauds, schemes, and deceptions on the Internet, and we strongly caution You to be sceptical of any Member until You learn more about them and verify their background.
- k. In addition to the preceding information under this Agreement, any advice or thoughts that may be posted on the Website or through the services provided for under this Agreement are for informational and entertainment purposes only and are not intended to replace or substitute any professional, financial, medical, legal, or other advice. The Company makes no representations or warranties and expressly disclaims any and all liability concerning any treatment, action by, or effect on any person following the information offered or provided within or through the Website. If You have specific concerns or a situation arises in which You require professional or medical advice, You should consult with an appropriately trained and qualified specialist and seek immediate attention of the proper professional.
- l. You specifically acknowledge and agree that Boujee Connect is not liable for Your defamatory, offensive, infringing or illegal materials or conduct or that of third parties, and we reserve the right to remove such materials from the Website without liability or notice to You.
14. Limitation on Liability
- a. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL Boujee Connect BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL OR INDIRECT DAMAGES ARISING OUT OF OR RELATING TO THE USE OR INABILITY TO USE THE SERVICES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OR CORRUPTION OF DATA OR PROGRAMS, SERVICE INTERRUPTIONS AND PROCUREMENT OF SUBSTITUTE SERVICES, EVEN IF Boujee Connect KNOWS OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL Boujee Connect’s AGGREGATE LIABILITY, IN ANY FORM OF ACTION WHATSOEVER IN CONNECTION WITH THIS AGREEMENT OR THE USE OF THE SERVICE OR THE WEBSITE, EXCEED THE PRICE PAID BY YOU FOR YOUR MEMBERSHIP, OR, IF YOU HAVE NOT PAID Boujee Connect MEDIA FOR THE USE OF ANY SERVICE, THE AMOUNT OF 40 GBP (pounds) OR ITS EQUIVALENT.
- b. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL Boujee Connect BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF, OR RELATING TO, THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SERVICES, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH OTHER MEMBERS OF THE SERVICE. THIS INCLUDES ANY CLAIMS, LOSSES OR DAMAGES ARISING FROM THE CONDUCT OF MEMBERS WHO HAVE REGISTERED UNDER FALSE PRETENSES OR WHO ATTEMPT TO DEFRAUD OR HARM YOU.
- c. THE LIMITATION OF LIABILITY PROVISIONS SET FORTH IN THIS SECTION SHALL APPLY EVEN IF YOUR REMEDIES UNDER THIS AGREEMENT FAIL WITH RESPECT TO THEIR ESSENTIAL PURPOSE.
15. Litigation and Arbitration
- a. Arbitration is the submission of a dispute to an unbiased third party designated by the parties to the controversy, who agree in advance to comply with the ruling, decisions, award or judgment after a hearing at which all parties to the controversy have an opportunity to be heard. YOU AND Boujee Connect AGREE THAT WE ARE EACH GIVING UP OUR RIGHT TO GO TO COURT in connection with any Dispute (defined below), and that our rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY.
- b. You and Boujee Connect agree that any disputes arising out of, or related to, the Website, the Service, this Agreement and/or any policies or practices of Boujee Connect (a “Dispute”) will be subject to FINAL AND BINDING ARBITRATION. Notwithstanding the above, Boujee Connect is always interested in attempting to resolve any Disputes by amicable and informal means, and we encourage You to contact us before resorting to arbitration.
- c. YOU AND Boujee Connect ACKNOWLEDGE THAT NEITHER OF US WILL BRING OR PARTICIPATE IN ANY CLASS ACTION OR OTHER CLASS PROCEEDING IN CONNECTION WITH ANY DISPUTE WITH THE OTHER PARTY. Further, neither You nor Boujee Connect agrees to class arbitration or any arbitration where a person brings a dispute as a representative of other person(s).
- d. You agree that Boujee Connect bring actions on its Members’ behalf, including you, where its rights may be implicated.
- e. If the parties are unable to resolve a Dispute by informal means, the arbitration of Disputes will be administered by a third-party arbitrator not affiliated with Boujee Connect in accordance with arbitration rules of the Arbitration Act, 1999.
- f. Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be brought in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against Boujee Connect may be commenced only in the courts of England and Wales. You hereby irrevocably consent to the jurisdiction of and venue in those courts for such purposes.
- g. Regardless of any statute or law to the contrary, and to the maximum extent permitted by applicable law, any Dispute must be filed within one (1) year after the date in which the incident giving rise to the Dispute occurred. Failure to file an arbitration claim as described above within the applicable limitation period constitutes a waiver of such claim and serves as a complete bar to any claim based on any Dispute, with the exception of privacy disputes.
- h. This Agreement, and any Dispute between You and Boujee Connect shall be governed by the laws of England and Wales without regard to principles of conflicts of law, provided that this arbitration agreement shall be governed by the Arbitration Act 1999.
- i. If You access the Website or use the Service from outside the United Kingdom, You waive all rights under the laws and regulations of the territory from which You access or use the Website or Service. Regardless of whether You access the Website or use the Service from outside the United Kingdom, all Disputes shall be resolved in the United Kingdom as described above.
- j. You have the right to opt out of binding arbitration within thirty (30) days of the date You first accepted the terms of this Section by emailing Boujee Connect. In order to be effective, the opt-out notice must include Your full name and clearly indicate Your intent to opt out of binding arbitration. By opting out of binding arbitration, You are agreeing to resolve Disputes in accordance with the choice or law, forum and venue provisions herein.
- k. This section providing for arbitration of claims does not apply to Commercial Use and competitor violations as described above.
- l. Any claim under this Agreement, whether arbitrated or not, are governed by the laws of England and Wales and may be brought only in the courts in England and Wales.
You agree to defend, indemnify, and hold harmless Boujee Connect, its officers, directors, employees, agents, affiliates, and subsidiaries from and against any claims, actions, or demands, including without limitation reasonable legal and accounting fees, arising from Your use of the Website, the Service, or Your breach of the terms of this Agreement (including any breach of Your representations and warranties contained herein), any postings or Content You post on the Website or as a result of the Service, and the violation of any law or regulation by You. You, and Your estate in the case of Your death, further agree that this indemnification provision covers all third-party claims, actions or demands, including those filed by Your spouse, children, or family. Boujee Connect reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by You, in which event You will fully cooperate with Boujee Connect in connection therewith.
17. General Provisions
- a. Violation of this Agreement may cause Boujee Connect irreparable harm, and You therefore agree that Boujee Connect will be entitled to seek extraordinary relief in court, including but not limited to temporary restraining orders, preliminary injunctions and permanent injunctions without the necessity of posting a bond or other security, in addition to and without prejudice to any other rights or remedies that Boujee Connect may have for a breach of this Agreement.
- c. Unless otherwise explicitly stated, this Agreement will survive termination of Your registration to the Service.
- d. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.
- e. The failure of Boujee Connect to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.
- f. You agree that Your online account is non-transferable and all of Your rights to Your profile or contents within Your account terminate upon Your death.
- g. No agency, partnership, joint venture or employment is created as a result of this Agreement and You may not make any representations or bind Boujee Connect in any manner.
The Company may provide You with notices, including those regarding changes to this Agreement, using any reasonable means now known or hereafter developed, including by email, regular mail, SMS, MMS, text message or postings on the Website. Such notices may not be received if You violate this Agreement by accessing the Service in an unauthorized manner. You agree that You are deemed to have received any and all notices that would have been delivered had You accessed the Service in an authorized manner.
19. Revision Date and Amendment.
This Agreement is subject to change by the Company at any time. If You are a non-subscribing Member at the time of any change, the revised terms will be effective upon posting on the Website and Your use of the Service after such posting will constitute acceptance by You of the revised Agreement. If You are a subscribing Member at the time of any change, to the extent permitted by applicable law the then-existing Agreement will continue to govern Your Membership until such time that You renew Your Membership as contemplated herein. If You continue Your Membership, Your renewal will constitute acceptance by You of the revised Agreement. Alternatively, if You terminate Your subscription at such time, Your use of the Service after Your termination will constitute acceptance by You of the Agreement.