This is a binding agreement. This Terms of Use Agreement (this “Agreement”) and all terms and conditions of use provided herein (the “Terms of Use”) apply to the use of any website platform system (collectively the “Platform”) or any services provided in connection with the Platform (the “Service”) that is provided, owned, or operated by B2 GROUP LLC (“Company”). Company will post a notice on the Platform any time these Terms of Use have been changed or otherwise updated. It is your responsibility to review these Terms of Use periodically, and if at any time you find these Terms of Use unacceptable, you must immediately leave the Platform and cease all use of the Service and the Platform.
YOU AGREE THAT BY USING THE PLATFORM OR SERVICE YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OLD AND THAT YOU ARE LEGALLY ABLE TO ENTER INTO THIS AGREEMENT.
Company respects your privacy and permits you to control the treatment of your personal information. A complete statement of the Company's current privacy policy can be found by clicking here: Privacy Policy. Company’s privacy policy is expressly incorporated into this Agreement by this reference.
When you are required to open an account to use or access the Platform or Service, you must complete the registration process by providing the complete and accurate information requested on the registration form. You will also be asked to provide a username and password. You are entirely responsible for maintaining the confidentiality of your password. You may not use the account, username, or password of someone else at any time. You agree to notify Company immediately on any unauthorized use of your account, username, or password. Company shall not be liable for any loss that you incur as a result of someone else using your password, either with or without your knowledge. You may be held liable for any losses incurred by Company, its affiliates, officers, directors, employees, consultants, agents, and representatives due to someone else’s use of your account or password.
Company may make certain software and features available for you to access over the internet, including without limitation features such as the ability to connect with third parties and contractors for junk removal and transportation purposes through the Platform. Company hereby provides you with a limited, non-exclusive, revocable, non-commercial, non-sublicensable license to access and use the Platform, including all files, features, images, media content, documentation, or data contained in or generated by the Platform (collectively the “Software”) and, except as otherwise agreed to in writing, such access and use shall be for your personal, noncommercial home use only. Company does not transfer any right, title, or interest in and to the Platform or Software or any portion thereof or any intellectual property rights thereto, and Company retains full and complete title to the Software as well as all intellectual property rights therein. You may not sell, redistribute, or reproduce the Software, nor may you decompile, reverse-engineer, disassemble, or otherwise convert the Software in whole or in part to a human-perceivable form. All trademarks and logos are owned by Company, affiliates, or its licensors, and you may not copy or use them in any manner.
You shall not send, upload, or otherwise make available through the Platform (or resulting from connections established through the Platform) the following types of Content. You agree not to upload, download, display, perform, transmit, or otherwise distribute any Content that (a) is libelous, defamatory, obscene, pornographic, abusive, or threatening; (b) advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability, violate or infringe intellectual property rights, or otherwise violate any applicable local, state, national, or foreign law or regulation; or (c) advertises or otherwise solicits funds or is a solicitation for goods or services (except for those strictly permitted as a junk hauling provider). Company reserves the right to terminate your receipt, transmission, or other distribution of any such material using the Platform or Services, and if applicable, to delete any such material, your account, or access permissions to the Platform. Company intends to cooperate fully with any law enforcement officials or agencies in the investigation of any violation of these Terms of Use or of any applicable laws.
Company reserves the right to terminate your use of the Service and/or the Platform. To ensure that Company provides a high-quality experience for you and for other users of the Platform and the Service, you agree that Company or its representatives may access your account and records on a case-by-case basis to investigate complaints or allegations of abuse, infringement of third-party rights, or other unauthorized uses of the Platform or the Service. Company does not intend to disclose the existence or occurrence of such an investigation unless required by law, but Company reserves the right to terminate your account or your access to the Platform immediately, with or without notice to you, and without liability to you if Company believes that you have violated any of the Terms of Use, furnished Company with false or misleading information, or interfered with the use of the Platform or the Service by others.
COMPANY HEREBY DISCLAIMS ALL WARRANTIES. COMPANY PROVIDES THE PLATFORM AVAILABLE “AS IS” WITHOUT WARRANTY OF ANY KIND. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF OR INABILITY TO USE THE PLATFORM OR THE SERVICE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE PLATFORM, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. COMPANY DOES NOT WARRANT THAT THE PLATFORM OR THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE PLATFORM OR THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.
COMPANY’S LIABILITY TO YOU IS LIMITED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COMPANY BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING BUT NOT LIMITED TO SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE PLATFORM OR ANY OTHER MATERIALS OR SERVICES PROVIDED TO YOU BY COMPANY. This limitation shall apply regardless of whether the damages arise out of breach of contract, tort, or any other legal theory or form of action. In no event shall Company’s liability arising out of any legal theory of contract, tort, or other action exceed more than $1000.
Company has no control over and no liability for any third-party websites or materials. Company works with a number of partners and affiliates whose Internet sites may be linked with the Platform. Because neither Company nor the Platform has control over the content and performance of these partner and affiliate sites, Company makes no guarantees about the accuracy, currency, content, or quality of the information provided by such sites, and Company assumes no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content that may reside on those sites. Similarly, from time to time, in connection with your use of the Platform, you may have access to content items (including but not limited to websites) that are owned by third parties. You acknowledge and agree that Company makes no guarantees about and assumes no responsibility for the accuracy, currency, content, or quality of this third-party content, and that unless expressly provided otherwise, these Terms of Use shall govern your use of any and all third-party content.
Company imposes certain restrictions on your permissible use of the Platform and the Service. You are prohibited from violating or attempting to violate any security features of the Platform or Service, including without limitation (a) accessing content or data not intended for you or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the Service, the Platform, or any associated system or network, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host, or network, including without limitation by means of submitting a virus to the Platform or Service, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;” (d) using the Platform or Service to send unsolicited e-mail, including without limitation promotions or advertisements for products or services; (e) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Service; or (f) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by Company in providing the Platform or Service. Any violation of system or network security may subject you to civil and/or criminal liability.
You agree to indemnify Company for certain of your acts and omissions. You agree to indemnify, defend, and hold harmless Company, its affiliates, officers, directors, employees, consultants, agents, and representatives from any and all third-party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from your access to or use of the Platform, your violation of these Terms of Use, or your infringement (or infringement by any other user of your account) of any intellectual property or other right of any person or entity. Company will notify you promptly of any such claim, loss, liability, or demand, and will provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.
These Terms of Use shall be construed in accordance with and governed by the laws of the United States and the State of California without reference to their rules regarding conflicts of law. You hereby irrevocably consent to the exclusive jurisdiction of the state or federal courts in Orange County, California, USA in all disputes arising out of or related to the use of the Platform or Service.
If for whatever reason a court of competent jurisdiction finds any term or condition in these Terms of Use to be unenforceable, all other terms and conditions will remain unaffected and in full force and effect. No waiver of any breach of any provision of these Terms of Use shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.
Nothing contained on the Platform should be understood as granting you a license to use any of the trademarks, service marks, or logos owned by Company or by any third party.
Company may, in its sole discretion and without prior notice (a) revise these Terms of Use; (b) modify the Platform and/or the Service; and (c) discontinue the Platform and/or Service at any time. Company shall post any revision to these Terms of Use to the Platform, and the revision shall be effective immediately on such posting. You agree to review these Terms of Use and other online policies posted on the Platform periodically to be aware of any revisions. You agree that by continuing to use or access the Platform following notice of any revision, you shall abide by any such revision.
BY USING THE SERVICE OR ACCESSING THE PLATFORM, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE AND AGREE TO BE BOUND BY THEM.
