1. Overview
This User Agreement (“Agreement”) governs your access to and use of our website and any associated content, features, and/or forums (the "Website"). The Website is administered and maintained by Best Friend Finance, LLC, a Delaware limited liability company ("BFF," “we,” or “us”). The term "you" refers to the person visiting the Website. Please read this Agreement carefully as it contains important information regarding your legal rights. Each time you access the Website, you irrevocably agree to comply with the version of the Agreement posted on the Website. You may not use the Website if you do not agree to this Agreement.
2. Eligibility
To access or use the Website, you must be at least of legal age in your respective jurisdiction. You must not use the Website if we have terminated any account of yours, banned you from use of the Website, or you are otherwise not permitted to use the website based on this Agreement.
3. Account
You may need to register for an account on the Website in order to use and/or access some features. When you create an account, you represent and warrant that you are at least of legal age in your respective jurisdiction, you are capable of entering into and performing legally binding contracts under applicable law, and that all information which you provide is accurate, up-to-date, truthful and complete. You are solely responsible for all activities under your account. We will not be responsible in any way if your password and/or account are misappropriated or used by a third party.
4. Privacy Policy
We are committed to protecting your personal information and helping you understand exactly how your personal information is being used. You should carefully read our Privacy Policy, as it provides details on how your personal information is collected, stored, protected, and used.
5. Prohibited Activities
In connection with your access and/or use of the Website, you hereby agree that you will not:
6. Indemnification; Release
You agree to indemnify and hold BFF, its affiliates, and each of their officers, directors, agents, joint venturers, employees, and representatives harmless from any claim or demand (including attorneys’ fees and any losses, fines, fees or penalties imposed by any regulatory authority) arising out of your breach of this Agreement, your violation of any law or regulation or your use of the Website. For the purpose of this Section 6, the term “losses” means all net costs reasonably incurred by us or the other persons referred to in this section that are the result of the matters set out in this Section 6 and that may relate to any claims, demands, causes of action, debt, cost, expense or other liability, including reasonable legal fees (without duplication).
7. Disclaimer; Limitation of Liability
THE WEBSITE IS STRICTLY FOR INFORMATIONAL PURPOSES ONLY. THE WEBSITE MAY INCLUDE INACCURACIES OR ERRORS. BFF DOES NOT GUARANTEE THE ACCURACY, COMPLETENESS, TIMELINESS, SECURITY, AVAILABILITY OR INTEGRITY OF THE WEBSITE, AND DISCLAIMS ALL LIABILITY FOR ANY ERRORS OR OTHER INACCURACIES RELATING TO THE WEBSITE OR THE CONTENT CONTAINED THEREIN. BFF MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE WEBSITE OR ANY OF ITS CONTENT, OR THAT THE WEBSITE WILL BE UNINTERRUPTED OR OPERATE IN COMBINATION WITH ANY SOFTWARE, SERVICE, SYSTEM OR OTHER DATA OR INFORMATION. THE WEBSITE AND ALL CONTENT ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. BFF HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE WEBSITE AND ITS CONTENT, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT BFF AND OUR AFFILIATES AND SERVICE PROVIDERS, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, JOINT VENTURERS, EMPLOYEES, AND REPRESENTATIVES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF BFF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, RESULTING FROM THE USE OF, AVAILABILITY OF, OR ANY OTHER MATTER RELATING TO THE WEBSITE.
IN NO EVENT SHALL BFF (AND ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, MEMBERS, AGENTS, AND AFFILIATES) BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN EXCESS OF US$100.00. THE LIMITATION OF LIABILITY REFLECTS THE ALLOCATION OF RISK BETWEEN THE PARTIES. THE LIMITATIONS SPECIFIED IN THIS SECTION WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THIS AGREEMENT IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WEBSITE OR WITH THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE WEBSITE.
8. Modification of the Website
At any time and in BFF's sole and absolute discretion, BFF may modify, suspend or discontinue the Website or any of its content without prior notice, for any reason whatsoever. BFF shall have no liability to you or to any third party for any such modification, suspension or discontinuance.
9. Amendments
BFF may amend any portion of this Agreement at any time by posting a revised version of this Agreement with an updated revision date. The changes will become effective, and shall be deemed accepted by you, the first time you use the Website after the initial posting of the revised User Agreement. In the event that you do not agree with any such modification, your sole and exclusive remedy is to stop using the Website. You agree that we shall not be liable to you or any third party as a result of any losses suffered by any modification or amendment of this Agreement.
10. Limited License; IP Rights
We grant you a limited, non-exclusive, non-sublicensable, and non-transferable license, subject to the terms and conditions of this Agreement, to access and use the Website solely for approved purposes as determined by BFF. Any other use of the Website is expressly prohibited. BFF and its licensors reserve all rights in the Website and any content contained therein and you agree that this Agreement does not grant you any rights in or licenses to the Website or its content except for the limited license set forth above. Except as expressly authorized by BFF, you agree not to modify, reverse engineer, copy, frame, scrape, rent, lease, loan, sell, distribute, or create derivative works based on the Website or its content, in whole or in part. If you violate any portion of this Agreement, your permission to access and use the Website may be terminated pursuant to this Agreement. All right, title, and interest in and to the Website, and all technology and any content created or derived from it is the exclusive property of BFF and its licensors.
11. Third Party Websites
The Website may contain links to third-party websites. Your use of any links to third-party websites is at your own risk. BFF does not monitor or have any control over, and makes no claim or representation regarding third-party websites. To the extent such links are provided by us, they are provided only as a convenience, and a link to a third-party websites does not imply our endorsement, adoption or sponsorship of, or affiliation with, such third-party websites.
12. Governing Law; Venue
This Agreement shall be governed by and construed in accordance with the laws of Delaware without giving effect to any conflict of laws principles that require the application of the law of a different jurisdiction. In any action or proceeding to enforce rights under this Agreement, any such action or proceeding shall be brought within the State of California.
13. Miscellaneous
The failure of BFF to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and remain enforceable between the parties. The headings and explanatory text are for reference purposes only and in no way define, limit, construe, or describe the scope or extent of such section. This Agreement constitutes the entire agreement between you and BFF with respect to the use of the Website. This Agreement is not intended and shall not be construed to create any rights or remedies in any parties other than you and BFF, and no other person shall assert any rights as a third-party beneficiary hereunder.
Questions? Concerns? Suggestions?
Please contact legal@bestfriend.finance if you have any questions, concerns, or suggestions about this Agreement or about the Website.