Effective Date: December 18, 2023
Acknowledgment and Acceptance of Terms
This document (“Agreement”) represents a legally binding agreement between you, the user, whether acting on an individual capacity or on behalf of an entity (“User”), and BreezyBit LLC, a corporation incorporated under the laws of the State of California (“Company”), with a principal place of business at .
The Company owns and operates the website located at https://breezybit.com (“Website”), and any associated services, software, tools, features, or functionality connected therewith (collectively, “Services”). By accessing or using the Services, the User acknowledges having read, understood, and agreed to be bound by the terms and conditions set forth in this Agreement. If the User does not agree to the terms contained herein, the User must cease all access and use of the Services immediately.
Correspondence should be directed to the Company via email at [email protected] or by mail to the principal place of business as stated above.
The Company reserves the right to amend, modify, or replace the terms of this Agreement at any time. Such amendments will take effect immediately upon posting on the Website or notification to the User via email. The continued use of the Services by the User after any changes indicates the User’s acceptance of the new terms.
The Services are intended exclusively for users who have attained the legal age of majority, which is 18 years in most jurisdictions. The User is recommended to retain a printed or electronic copy of this Agreement for future reference.
TABLE OF CONTENTS
- OUR SERVICES
- INTELLECTUAL PROPERTY RIGHTS
- USER REPRESENTATIONS
- USER REGISTRATION
- PURCHASES AND PAYMENT
- FREE TRIAL
- CANCELLATION
- SOFTWARE
- PROHIBITED ACTIVITIES
- USER GENERATED CONTRIBUTIONS
- CONTRIBUTION LICENSE
- SERVICES MANAGEMENT
- PRIVACY POLICY
- TERM AND TERMINATION
- MODIFICATIONS AND INTERRUPTIONS
- GOVERNING LAW
- DISPUTE RESOLUTION
- CORRECTIONS
- DISCLAIMER
- LIMITATIONS OF LIABILITY
- INDEMNIFICATION
- USER DATA
- ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
- CALIFORNIA USERS AND RESIDENTS
- MISCELLANEOUS
- CONTACT US
OUR SERVICES
The information herein is not intended for distribution or usage outside of legally permissible parameters. Any individual or entity who chooses to access the Services from jurisdictions where such actions are contrary to local regulations or would obligate us to any form of registration within such jurisdictions does so on their own volition and assumes full accountability for compliance with applicable local laws.
Our Services are not fashioned to align with industry-specific statutes, such as the Health Insurance Portability and Accountability Act (HIPAA), the Federal Information Security Management Act (FISMA), and others. Accordingly, if your interactions with the Services could be construed as subject to such statutes, you are advised against using the Services in any manner that could be construed as non-compliant with the Gramm-Leach-Bliley Act (GLBA).
INTELLECTUAL PROPERTY RIGHTS
Ownership of Content and Marks
The Company asserts ownership over all intellectual property contained within the Services, which encompasses, without limitation, all software, databases, functional interfaces, website design, audio, video, text, photographs, and graphics, collectively termed as “Content.” The Company also claims rights to the trademarks, service marks, and logos herein known as “Marks.”
The aforesaid Content and Marks are safeguarded under the auspices of copyright and trademark statutes, alongside other pertinent intellectual property protections, as recognized by applicable international agreements and domestic laws within the United States and beyond.
Limited License for Service Use
The Company provides the Content and Marks in an “AS IS” condition, exclusively for the User’s internal business operations.
Provided the User adheres to the terms delineated within this Agreement, and specifically the section titled “PROHIBITED ACTIVITIES,” a limited, revocable, non-exclusive, and non-transferable license is granted to:
- Access the Services; and
- Download or print any portion of the Content for which the User has lawfully obtained access.
This limited license is granted solely for the User’s internal business endeavors.
Except as expressly permitted within these Legal Terms, or as provided elsewhere in this Agreement, no aspect of the Services or Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited in any way without the Company’s explicit written consent.
Should the User wish to engage with the Services, Content, or Marks in a manner not specifically permitted by this Agreement, a request must be submitted to [email protected]. Any granted permission shall be contingent upon the Company’s discretion and may require a formal license agreement.
The Company retains all rights not expressly granted herein concerning the Services, Content, and Marks.
Infringement and Termination
Any violation of these Intellectual Property Rights will constitute a fundamental breach of this Agreement, prompting immediate termination of the User’s rights to the Services.
Your Submissions
Please review this section and the “PROHIBITED ACTIVITIES” carefully before utilizing our Services to understand the rights you grant to us and your obligations regarding any content you disseminate through the Services.
Submissions: You may convey inquiries, comments, suggestions, ideas, feedback, or other information related to the Services (“Submissions”) to us. By doing so, you grant us an unrestricted license to use, reproduce, distribute, and display the Submissions for any lawful purpose, commercial or otherwise, without owing you any acknowledgment or compensation.
Your Responsibilities: In providing Submissions through any part of the Services, you shall:
Acknowledge your compliance with our “PROHIBITED ACTIVITIES” and ensure that no Submissions involve illicit or prohibited content;
Ensure that the Submissions are free from defamatory, abusive, discriminatory, or threatening content;
Assert that the Submissions are your original creation, or you have acquired all necessary rights and licenses for their submission and use;
Confirm that the Submissions do not breach any third-party rights, including intellectual property rights;
Declare that the Submissions are not confidential and do not infringe upon the confidentiality rights of others.
You shall indemnify the Company for any losses arising from your breach of these provisions, including any infringement of intellectual property rights or violations of applicable law.
USER REPRESENTATIONS
By engaging with the Services, you affirm that:
All information provided during registration is accurate, current, and complete;
You will promptly update your registration data to maintain its accuracy;
You possess the legal capacity and authority to enter into this Agreement;
You will not utilize the Services in any illegal or unauthorized manner;
You will not employ automated systems or bots in your interaction with the Services;
You will comply with all applicable laws and regulations in your use of the Services.
Should you furnish any false, outdated, or incomplete information, we reserve the right to suspend or terminate your account and deny any current or future usage of the Services.
USER REGISTRATION
To access certain features of the Services, you must register. You agree to maintain the confidentiality of your account credentials and accept responsibility for all activities under your account. We reserve the right to remove or reclaim usernames that we deem inappropriate.
PURCHASES AND PAYMENT
We accept designated payment methods for all transactions made through the Services. You agree to provide accurate and current information for all transactions, including personal details and payment information. All prices are subject to applicable taxes and may change. You consent to pay all fees and charges, including recurring charges, as specified in the terms of purchase.
We reserve the right to correct any pricing errors and to refuse any order at our discretion, including those that exceed order limits or appear to be placed by dealers or resellers.
FREE TRIAL
The Company offers a 14-day trial period at no cost to new registrants of the Services. This trial is provided without any charge and will automatically conclude at the end of the 14-day period. Upon conclusion, the account may be transitioned to a paid subscription unless otherwise suspended or terminated.
CANCELLATION POLICY
The Company maintains a strict no-refund policy. Subscribers may terminate their subscription at any given time; however, such termination shall only become effective at the end of the current billing cycle. To initiate cancellation, subscribers must contact the Company using the designated contact methods. Upon processing, cancellation will be confirmed via email.
Should there be any dissatisfaction with the Services, subscribers are encouraged to contact [email protected] for assistance.
SOFTWARE USAGE
The Services may encompass software components, which if accompanied by an End User License Agreement (EULA), will be subject to the terms therein. In the absence of an accompanying EULA, the Company grants users a non-exclusive, revocable, personal, and non-transferable license to utilize the software exclusively in connection with the Services and in compliance with these Legal Terms. All software and associated documentation is provided on an “AS IS” basis, devoid of warranties of any kind, be they express, implied, or statutory, including, but not limited to, warranties of merchantability, fitness for a particular purpose, or non-infringement. Users assume all risk associated with the use of any software and agree not to replicate or redistribute any software or documentation contrary to the EULA or these Legal Terms.
PROHIBITED ACTIVITIES
Access to and use of the Services are granted solely for purposes explicitly sanctioned by the Company. The Services shall not be employed in any commercial context not expressly affirmed by the Company.
Proscriptions against User Conduct:
Users of the Services are expressly forbidden from:
Compiling, aggregating, or extracting data or content from the Services without the express written consent of the Company.
Engaging in any endeavor to decrypt, decode, or otherwise derive sensitive information, such as user passwords.
Disrupting or intruding upon the security measures or infrastructure of the Services, which includes any act that hinders the use or copying of any Content or interferes with the operations of the Services.
Utilizing the Services to disseminate misinformation, engage in deceptive practices, or otherwise harm the reputation and operations of the Services.
Misusing support services or submitting false reports of abuse or misconduct.
Operating the Services in violation of applicable laws or regulations.
Introducing malicious software or engaging in activities that could compromise the integrity, performance, or availability of the Services.
Automating interactions with the Services in any manner not sanctioned by the Company, including the use of data mining, robots, or similar data aggregation and extraction tools.
Infringing upon the intellectual property rights held by the Company.
Engaging in any form of impersonation or unauthorized access by using the username of another user.
Deploying or using any form of data collection or transmission mechanisms, such as spyware or passive collection devices, without the Company’s authorization.
Overloading, “flooding,” or imposing an undue burden on the Services or associated networks.
Disrupting or interfering with the proper operation of the Services or any activities conducted on the Services.
Circumventing any measures designed to prevent or limit access to the Services.
Copying any part of the Services’ software except as expressly permitted by these Terms.
Deciphering, decompiling, disassembling, or reverse-engineering any of the software included in the Services.
Employing any automated system, including robots and spiders, to access the Services in a manner that circumvents customary browsing patterns.
Engaging in any unauthorized commercial transactions using the Services.
Collecting user information or engaging in unsolicited emailing through the Services.
Undertaking any action that constitutes a diversion of the Services’ user base or interferes with the Company’s business.
USER GENERATED CONTRIBUTIONS
The Services do not solicit posts or content from users but may provide a platform for users to voluntarily create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials, including but not limited to text, graphics, videos, and photographs (“Contributions”). When you elect to share any Contributions via the Services or to interact with other users of the Services or third parties, you affirm and warrant that:
Your Contributions do not infringe upon any intellectual property rights and are not in violation of any law regarding copyright, patent, trademark, trade secret, or moral rights of any third parties.
You possess all necessary licenses, rights, consents, and permissions required to authorize the Services to use your Contributions as envisaged by these Legal Terms and any related policies.
All persons identifiable in your Contributions have provided informed consent for the use of their likeness in the manner anticipated by the Services and these Legal Terms.
Your Contributions are not misleading, fraudulent, or created with the intent of disseminating unauthorized advertising or promotional materials.
The content of your Contributions is not deemed obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable by community standards.
You have not and will not use your Contributions to engage in, promote, or incite unlawful acts or to harass or advocate harassment of another person.
Your Contributions are compliant with all applicable laws, including those pertaining to child protection and non-infringement of third-party rights.
Breach of these warranties may lead to termination or suspension of your access to the Services.
CONTRIBUTION LICENSE
By providing Contributions to the Services, you grant the Services a license to access, store, process, and utilize the information and personal data provided by you. This includes the right to share any suggestions or feedback you offer regarding the Services, with no compensation to you.
Ownership of Contributions remains with you, along with any accompanying intellectual property rights. The Services disclaim any liability for the content provided by users, and you agree to hold the Services harmless against any claims arising from your Contributions.
SERVICES MANAGEMENT
We reserve the prerogative, though not the obligation, to:
Monitor the Services for any activities that contravene these Legal Terms.
Take appropriate legal actions against any entity that violates these Legal Terms.
Deny access, restrict access to, or limit the availability of the Services to any user in breach of these Legal Terms.
Remove or disable access to any Contributions that are in conflict with our policies or legal obligations.
Otherwise manage the Services in a manner designed to safeguard our rights and ensure optimal functionality.
PRIVACY POLICY
By utilizing the Services, you consent to the adherence to our Privacy Policy, which forms an integral component of these Legal Terms. The policy outlines the handling of data within the United States. If the Services are accessed from outside the United States, you acknowledge that your data will be transferred to and processed in the United States, and you explicitly consent to this transfer and processing.
TERM AND TERMINATION
These Legal Terms shall persist as long as you utilize the Services. We retain the right to terminate or restrict access to the Services without notice or liability for any cause at our discretion, in accordance with these Legal Terms. This includes actions taken due to any breach of representation, warranty, or any covenant contained within these Legal Terms.
In the event of account termination or suspension, you are precluded from registering a new account under your name or any alias and from attempting to access the Services through third-party affiliations.
MODIFICATIONS AND INTERRUPTIONS
We may modify or terminate the Services without notice at our sole discretion. We shall not be held accountable for any modifications, suspensions, or discontinuance of the Services. No warranty of service availability is assured, and we disclaim any liability for any loss that may arise from the unavailability or alteration of the Services.
GOVERNING LAW
These Legal Terms and your use of the Services are governed by the laws of the State of California. Any disputes arising hereunder shall be resolved within the jurisdiction of California, notwithstanding any conflict of law provisions.
DISPUTE RESOLUTION
Informal Negotiations
To facilitate an expedient and cost-effective resolution to any disputes, controversies, or claims arising from or related to these Legal Terms (collectively, “Disputes”), both you (“Party”) and we (“Party,” collectively with you, “Parties”) agree to engage first in good faith negotiations for at least thirty (30) days prior to initiating formal proceedings. Such negotiations shall commence upon written notice from one Party to the other.
Binding Arbitration
Should informal negotiations fail to resolve a Dispute, except for those Disputes specifically precluded, the Dispute will be resolved exclusively through binding arbitration. By agreeing to these Legal Terms, you waive the right to seek litigation in court and agree that any arbitration will proceed under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”), and if appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes, as outlined on the AAA’s website. Arbitrations shall be held in Santa Clara County, California, and will be governed by AAA Consumer Rules or other applicable AAA rules. The arbitration may occur in person, telephonically, or by written submissions, as mutually agreed upon, and shall take place within Santa Clara County, California, unless otherwise directed by the applicable AAA rules or agreed upon by the Parties. Any arbitration shall be confidential, and the arbitrator’s decision shall be final and binding.
The Parties retain the right to seek court intervention to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award rendered by the arbitrator.
If a Dispute proceeds in court rather than arbitration, it shall be conducted in the state and federal courts located in Santa Clara County, California. The Parties consent to waive any defenses related to personal jurisdiction or venue.
Restrictions
The Parties agree that any arbitration shall be limited to the Dispute between the Parties on an individual basis. There shall be no right for any Dispute to be arbitrated on a class-action basis or any proceedings to proceed on a class or collective action basis or in a representative capacity.
Exceptions to Informal Negotiations and Arbitration
Certain Disputes are exempt from the provisions of informal negotiations and binding arbitration, including but not limited to Disputes related to the protection or validity of intellectual property rights, and any Dispute that, under law, may not be subject to arbitration. In such cases, the Parties agree to the jurisdiction of the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
CORRECTIONS
We acknowledge that the Services may contain typographical errors, inaccuracies, or omissions that may pertain to descriptions, pricing, availability, and other information. We reserve the right, but not the obligation, to correct any such errors, inaccuracies, or omissions and to modify or update information on the Services at any time without prior notice.
DISCLAIMER
THE SERVICES ARE PROVIDED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE HEREBY DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. NO WARRANTY IS MADE THAT THE SERVICES WILL BE ERROR-FREE OR THAT THE CONTENT IS ACCURATE, RELIABLE, OR CORRECT; THAT THE SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD.
ANY ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM US OR THROUGH THE SERVICES WILL NOT CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. FURTHERMORE, WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY HYPERLINKED WEBSITE OR SERVICE, NOR WILL WE BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
LIMITATIONS OF LIABILITY
IN NO EVENT SHALL WE, NOR OUR DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO, LOSS OF PROFITS, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN JURISDICTIONS THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES, OUR LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
INDEMNIFICATION
YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS OUR COMPANY, ITS AFFILIATES, LICENSORS, AND SERVICE PROVIDERS, AND ITS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS, SUPPLIERS, SUCCESSORS, AND ASSIGNS FROM AND AGAINST ANY CLAIMS, LIABILITIES, DAMAGES, JUDGMENTS, AWARDS, LOSSES, COSTS, EXPENSES, OR FEES (INCLUDING REASONABLE ATTORNEYS’ FEES) ARISING OUT OF OR RELATING TO YOUR VIOLATION OF THESE TERMS OR YOUR USE OF THE SERVICES, INCLUDING, BUT NOT LIMITED TO, YOUR USER CONTRIBUTIONS, ANY USE OF THE SERVICES’ CONTENT, SERVICES, AND PRODUCTS OTHER THAN AS EXPRESSLY AUTHORIZED IN THESE TERMS OR YOUR USE OF ANY INFORMATION OBTAINED FROM THE SERVICES.
USER DATA
We commit to maintaining certain data that you transmit to the Services for managing the performance of the Services and for operational data analysis. You acknowledge and accept that you are solely responsible for all data that you send or that is generated during your use of the Services. We perform routine backups of data, but the integrity of your data is your responsibility. We shall not be liable for any loss or corruption of your data, and you agree to not pursue any legal action against us for any such loss or corruption of data.
ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Engaging with the Services, including sending emails, completing forms, or otherwise interacting, constitutes electronic communications. You hereby consent to receive all communications such as agreements, notices, disclosures, and other materials electronically. You agree to the use of electronic signatures, contracts, orders, and other records, including the electronic delivery of notices, policies, and records of transactions initiated or completed through the Services. You waive any rights or requirements under any statutes, regulations, rules, or laws that mandate original signatures or retention of non-electronic records, except to the extent other laws require such retention.
CALIFORNIA USERS AND RESIDENTS
If you are a California resident and have an unresolved complaint, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by writing to 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.
MISCELLANEOUS
These Legal Terms, including any policies and operating rules posted by us on the Services or in relation to the Services, constitute the entire agreement between you and us. Our failure to exercise or enforce any right or provision of these Legal Terms does not constitute a waiver of such right or provision. These Legal Terms operate to the fullest extent permissible by law. We may assign our rights and obligations to others at any time. If any provision of these Legal Terms is deemed invalid or unenforceable, the unenforceability of that provision does not affect the enforceability of the remaining provisions. There is no joint venture, partnership, employment, or agency relationship established by these Legal Terms or use of the Services. You acknowledge waiving any claims or defenses arising from the electronic form of these Legal Terms and the lack of signatures to execute these Legal Terms.
CONTACT US
For any inquiries regarding the Services or for further information, please contact us at:
BreezyBit LLC