Last modified: February 2021
NOTE: THIS WEBSITE IS INTENDED ONLY FOR USE BY INDIVIDUALS WITHIN THE UNITED STATES. IF YOU ARE NOT LOCATED WITHIN THE UNITED STATES, PLEASE REFRAIN FROM SENDING ANY PERSONAL INFORMATION UNTIL YOU ARE LOCATED WITHIN THE UNITED STATES.
Born from Lines, LLC, a Florida limited liability company ("Company", "we", or “us”), respects your privacy and is committed to protecting it through our compliance with this policy.
This policy describes the types of information we may collect, or that you may provide, when you visit the website located at www.bornfromlines.com (this "Website") and our practices for collecting, using, maintaining, protecting, and disclosing that information.
This policy applies to information collected:
on this Website;
in email, text, and other electronic messages between you and this Website; and
when you interact with our pages on third-party websites, if those pages include links to this Policy.
It does not apply to information collected by:
us offline or by us or third parties through any other means, including on any other website; or
any third party (including our affiliates and subsidiaries), including through any application or content (including advertising) that may link to or be accessible from or on this Website.
Children Under the Age of 13
This Website is not intended for children under 13 years of age. No one under age 13 may provide any information to or on this Website. We do not knowingly collect personal information from children under 13. If you are under 13, do not use or provide any information on this Website or on or through any of its features, register on the Website, make any purchases through the Website, use any of the interactive or public comment features of this Website, or provide any information about yourself to us, including your name, address, telephone number, email address, or any screen name or user name you may use. If we learn we have collected or received personal information from a child under 13 without verification of parental consent, we will delete that information. If you believe we might have improperly collected any information from or about a child under 13, please contact us at email@example.com
California residents under 16 years of age may have additional rights regarding the collection and sale of their personal information. Please see “Your California Privacy Rights” for more information.
Information We Collect and How We Collect It
We may collect several types of information from and about users of our Website, including information:
by which you or another person may be personally identified, such as name, e-mail address, telephone number, or photograph ("personal information");
that is about a person but does not individually identify that person; and/or
about your internet connection, the equipment you use to access our Website, and usage details.
If you do not want us to collect this information, you should not use the Website or should not provide information that is optional. For more information, see Choices About How We Collect, Use, and Disclose Information.
We may collect this information:
directly from you when you provide it to us; and
automatically as you navigate through the site. Information collected automatically may include usage details, IP addresses, and information collected through cookies, web beacons, and other tracking technologies.
The information we collect on or through our Website may include:
Information Provided to Us.
Information provided by filling in forms on our Website. This includes information provided at the time of signing up for free e-newsletters, downloading content from the website, posting material, or requesting further services. We may also ask for information when a problem with our Website is reported .
Records and copies of correspondence (including email addresses).
Responses to surveys that send for research purposes.
Details of transactions through our Website and of the fulfillment of orders. Users may be required to provide financial information before placing an order through our Website.
Search queries on the Website.
Information Collected Through Automatic Data Collection Technologies. We or our third-party service providers may use automatic data collection technologies to collect certain information about equipment, browsing actions, and patterns. Information collected automatically may include:
Details of visits to our Website, including [traffic data,] [location data,] [logs,] and other communication data and the resources that accessed and used on the Website.
Information about the computer and internet connection, including device information, metadata, IP address, operating system, and browser type.
The information collected automatically [is statistical data and does not/may] include personal information[, but/or] we may maintain it or associate it with personal information we collect in other ways or receive from third parties. It helps us to improve our Website and to deliver a better and more personalized service, including by enabling us to:
estimate our audience size and usage patterns;
store information about your preferences, allowing us to customize our Website according to your individual interests;
speed up your searches;
recognize you when you return to our Website; and
decide on adwords and other items related to search engine optimization, including for keywords and URL structure.
The technologies used for automatic data collection may include:
Flash Cookies. Certain features of our Website may use local stored objects (or Flash cookies) to collect and store information about your preferences and navigation to, from, and on our Website. Flash cookies are not managed by the same browser settings as are used for browser cookies. For information about managing your privacy and security settings for Flash cookies, see Choices About How We Collect, Use, and Disclose Information.
Web Beacons. Pages of our the Website [and our e-mails] may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit the Company, for example, to count users who have visited those pages or [opened an email] and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity).
We do not collect personal information automatically, but we may tie this information to personal information that we collect from other sources or you provide to us.
Some content, applications, or services, including advertisements, on the Website may be served by third parties. These third parties may change from time to time, but may include parties that provide services in the following areas:
Finance – This may include parties such as Paypal, Inc. (https://www.paypal.com/us/webapps/mpp/ua/privacy-full) and Stripe, Inc. (https://stripe.com/us/privacy);
Marketing – This may include parties such as AutopilotHQ, Inc. The Rocket Science Group LLC d/b/a MailChimp (https://mailchimp.com/legal/privacy/);
Hosting – This may include parties such as Squarespace, Inc. (https://www.squarespace.com/privacy/); and
Others, including advertisers, ad networks and servers, content providers, and application providers.
The Website may also link to websites of our third-party partners or service providers.
For information about how you can opt out of receiving targeted advertising from many providers, see Choices About How We Collect, Use, and Disclose Information.
How We Use Information.
We may use information collected or that you provide , including any personal information:
to present our Website and its contents ;
to provide information, products, or requested services ;
to create advertisements;
to fulfill any other purpose for which its was provided;
to provide you with notices about your [account/subscription], including expiration and renewal notices;
to notify about changes to our Website or any products or services offered or provided though it;
to allow participation in interactive features on our Website;
in any other way we may describe when you provide the information; and
for any other purpose with your consent.
We may also use information to contact about our own and third-parties' goods and services that may be of interest or to request feedback on current services or potential new services to be offered by Company. If you do not want us to use information in this way, you may [check the relevant box located on the form on which we collect your data (the [order form/registration form])/adjust your user preferences in your account profile or click “unsubscribe” at the bottom of any email from us.] For more information, see Choices About How We Collect, Use, and Disclose Information.
We may use the information we have collected to enable us to display advertisements to our advertisers' target audiences. Even though we do not disclose personal information for these purposes without your consent, if you click on or otherwise interact with an advertisement, the advertiser may assume that you meet its target criteria.
Disclosure of Information
We may disclose aggregated information and information that does not identify any individual without restriction.
We may disclose personal information that we collect or you provide :
to our subsidiaries and affiliates;
to contractors, service providers, and other third parties we use to support our business;
to a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Company’s or one or more of its affiliate’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information about this Website’s users is among the assets transferred;
to fulfill the purpose for which it was provided;
for any other purpose disclosed by us when you provide the information; and
with your consent.
We may also disclose personal information:
to comply with any court order, law, or legal process, including to respond to any government or regulatory request;
if we believe disclosure is necessary or appropriate to protect the rights, property, or safety of Company, its affiliates, customers of the foregoing, or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.
Choices About How We Collect, Use, and Disclose Information
We strive to provide you with choices regarding the personal information you provide to us. The following mechanisms provide you with control over your information:
Promotional Offers . If you do not want us to use information to promote our own or third parties' products or services, you can opt-out by [[checking the relevant box located on the form on which we collect your data (the [order form/registration form])] or at any other time by] [logging into the Website and adjusting your user preferences in your account profile by checking or unchecking the relevant boxes]. If we have sent you a promotional email, you may also click “unsubscribe” at the bottom of the email. This opt out does not apply to communications related to a product purchase, warranty registration, product service experience, or other transactions.
Targeted Advertising. If you do not want us to use information that we collect or that you provide to us to deliver advertisements according to our advertisers' target-audience preferences, you can opt-out by emailing: firstname.lastname@example.org. [For this opt-out to function, you must have your browser set to accept browser cookies.
California residents may have additional personal information rights and choices. Please see “Your California Privacy Rights” for more information.
Nevada residents who wish to exercise their sale opt-out rights under Nevada Revised Statutes Chapter 603A may submit a request to [EMAIL].
Accessing and Correcting Information
You may send us an email at email@example.com or click “Settings” at the bottom of any email from Company to request access to, correct, or delete any personal information that you have provided to us. We cannot delete personal information except by also deleting your user account. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.
California residents may have additional personal information rights and choices. Please see “Your California Privacy Rights” for more information.
Your California Privacy Rights
If you are a California resident, California law may provide you with additional rights regarding our use of your personal information.
California’s “Shine the Light” law (California Civil Code Section § 1798.83) may permit users of our Website that are California residents to request certain information regarding disclosures of personal information to third parties for their direct marketing purposes. To make such a request, please send an email to firstname.lastname@example.org.
We have implemented reasonable measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure. [All information you provide to us is stored on our secure servers behind firewalls. Any payment transactions will be encrypted [using SSL technology].]
The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Website, you are responsible for keeping this password confidential. We ask you not to share your password with anyone. We urge you to be careful about giving out information in public areas of the Website like message boards. The information you share in public areas may be viewed by any user of the Website.
Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Website. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Website.
Last Modified: February 2021
The Website is offered and available to users who are 18 years of age or older and reside in the United States or any of its territories or possessions. By using the Website, you represent and warrant that you are of legal age to form a binding contract and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.
Accessing the Website and Account Security
Subject to and conditioned on your compliance with all Applicable Terms, you are hereby granted a non-exclusive and non-transferable right to access and use the Website. BFL reserves the right to withdraw or amend the Website, or any service or material BFL provides on the Website, in BFL’s sole discretion without notice. BFL will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, BFL may restrict access to some parts of the Website, or the entire Website, to certain users, including certain registered users.
You are responsible for:
making all arrangements necessary for you to have access to the Website; and
To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide to BFL is correct, current, and complete.
If you choose, or are provided with, a user name, password, or any other piece of information as part of BFL’s security procedures, you must treat such information as confidential and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Website or portions of it using your user name, password, or other security information. You agree to notify BFL immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
BFL has the right to disable any user name, password, or other identifier, whether chosen by you or provided by BFL, at any time in BFL’s sole discretion for any or no reason, including if, in BFL’s opinion, you have violated any provision of the Applicable Terms.
Our Intellectual Property Rights
BFL’s products and services and the names, logos, product and service names, designs, and slogans related to BFL’s name, branding, products, and services may be protected by copyright, trademark, trade dress, copyright, or other intellectual property rights owned or licensed by BFL. All other names, logos, product and service names, designs, and slogans on the Website are the trademarks of their respective owners. You must not use BFL’s or its licensor’s trademarks, trade dress, copyrights, or other intellectual property rights without the prior written permission of BFL or its licensor.
The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof), are the confidential information of, and are owned by, BFL, its affiliates, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials;
you may store files that are automatically cached by your Web browser for display enhancement purposes;
you may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution; and
if BFL provides desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by BFL’s end user license agreement for such applications.
You must not:
modify copies of any materials from this site;
use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text; or
delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.
You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website.
In connection with services that you request through the Website, you may provide content or materials (collectively, “User Content”) to BFL. The User-Generated Content Policy found at www.bornfromlines.com/privacy-policy (the “UGC Policy”), which is hereby incorporated into these Terms, governs your User Content.
License to Use Your Intellectual Property
You hereby grant to BFL a non-exclusive, perpetual, and royalty-free license to use, in any way throughout the world, any review or feedback content you create about the Website, regardless of where it is published.
You may use the Website and the services provided on the Website only for lawful purposes and in accordance with the Applicable Terms. Without limiting the generality of the foregoing, You agree not to use the Website:
in any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries);
for the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise;
to send, knowingly receive, upload, download, use, or re-use any material that does not comply with any Applicable Term (including, without limitation, the UGC Policy);
to transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation;
to impersonate or attempt to impersonate BFL, a BFL employee, another user, or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing); or
to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by BFL, may harm BFL or any third party or expose it or them to liability.
Additionally, you agree not to:
use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Website, including their ability to engage in real time activities through the Website;
use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website;
use any manual process to monitor or copy any of the material on the Website or for any other purpose not expressly authorized in the Applicable Terms ;
use any device, software, or routine that interferes with the proper working of the Website;
introduce any harmful content such as malware, viruses, trojan horses, worms, logic bombs, time bombs, or other material which is malicious or technologically harmful;
attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website;
attack the Website via a denial-of-service attack or a distributed denial-of-service attack; or
otherwise attempt to interfere with the proper working of the Website.
Reliance on Information Posted
The information presented on or through the Website is made available solely for general information purposes. BFL does not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. BFL disclaims all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website or by anyone who may be informed of any of its contents.
The Website may include content provided by third parties, including materials provided by other users, bloggers, third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by BFL, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of BFL. BFL is not responsible, or liable to you or any third party, in any way, for the content or accuracy of any materials provided by any third parties.
Changes to the Website
BFL may update the content on the Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and BFL is under no obligation to update such material.
Information About You and Your Visits to the Website
Online Purchases and Other Terms and Conditions
Linking to the Website
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent. The site from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in the UGC Policy. You agree to cooperate with BFL in causing any unauthorized linking immediately to stop. BFL reserves the right to withdraw linking permission without notice.
Links from the Website
If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. BFL has no control over the contents of those sites or resources and accepts no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to the Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
The owner of the Website is based in the State of Florida in the United States. BFL provides the Website for use only by persons located in the United States. BFL makes no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
Disclaimer of Warranties
You understand that BFL cannot and does not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, NEITHER BFL NOR ANY OF ITS AFFILIATES WILL BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUS, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE (EXCEPT AS OTHERWISE EXPLICITY SET OUT IN THE TERMS OF SALE, AS APPLICABLE) ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER BFL NOR ANY PERSON OR ENTITY ASSOCIATED WITH BFL MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER BFL NOR ANY PERSON OR ENTITY ASSOCIATED WITH BFL REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE (EXCEPT AS OTHERWISE EXPLICITLY SET OUT IN THE TERMS OF SALE, AS APPLICABLE) WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, AND EXCEPT AS OTHERWISE SET OUT IN THE TERMS OF SALE, AS APPLICABLE, ALL WARRANTIES OF ANY KIND ARE HEREBY DISCLAIMED, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation on Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL BFL, ITS AFFILIATES, OR ANY LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS OF THE FOREGOING BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE (EXCEPT AS OTHERWISE EXPLICITLY SET OUT IN THE TERMS OF SALE, AS APPLICABLE) OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, OR LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
You agree to defend, indemnify, and hold harmless BFL and 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 and all claims, liabilities, damages, judgments, awards, losses, costs, expenses, and fees (including reasonable attorneys' fees) arising out of or relating to your violation of any Applicable Term or your use of the Website, including, but not limited to, your User Content; any use of the Website's content, services, or products other than as expressly authorized in any Applicable Term or your use of any information obtained from the Website.
Governing Law and Jurisdiction
All matters relating to the Website, the Applicable Terms, or any dispute or claim between you and BFL arising therefrom or related thereto (in each case, including non-contractual disputes or claims) shall be governed by and construed in accordance with the internal laws of the State of Florida without giving effect to any choice or conflict of law provision or rule (whether of the State of Florida or any other jurisdiction).
Any legal suit, action or proceeding between you and BFL arising out of, or related to, any Applicable Term or the Website shall be instituted and maintained exclusively in the Twelfth Judicial Circuit in and for Sarasota County, Florida, located in the City of Sarasota, or the United States District Court for the Middle District of Florida located in the City of Tampa, although BFL retains the right to bring any suit, action or proceeding against you in your country or state of residence or any other relevant country or state. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
Limitation on Time to File Claims
TO THE FULLEST EXTENT PROVIDED BY LAW, ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE AGAINST BFL ARISING OUT OF OR RELATING TO ANY APPLICABLE TERM OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
Waiver and Severability
No waiver by BFL of any term or condition set forth in these any Applicable Term shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of BFL to assert a right or provision under any Applicable Term shall not constitute a waiver of such right or provision.
Your Comments and Concerns
The Website is operated by BFL in Westlake, Florida.
All other feedback, comments, requests for technical support, and other communications relating to the Website should be directed to: email@example.com.
User-Generated Content Policy
Last Modified: April 2021
All User Content must comply with the Content Standards set out herein.
By requesting services from Company and providing any User Content to Company, you grant Company, its affiliates and service providers, and each of its and their respective licensees, successors, and assigns, a license to use, reproduce, modify, distribute, and otherwise disclose such User Content as necessary or convenient for Company to perform the requested services.
From time to time, Company may request your permission to Post to third parties your User Content or related User-Based Content. By agreeing to such request, you grant to Company, its affiliates and service providers, and each of its and their respective licensees, successors, and assigns, a license to perform, display, distribute, and otherwise disclose to third parties such User Content and User-Based Content.
You represent and warrant that:
you own all User Content you provide to Company or you otherwise have the right to grant to Company the licenses granted above, as applicable; and
all of the User Content you provide to Company does and will comply with all Applicable Terms.
You understand and acknowledge that you are responsible for all of your User Content and that you, not Company, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.
Company is not responsible, or liable to you or any third party, in any way for any User Content provided by you or any other person or any related User-Based Content.
2. Monitoring and Enforcement; Termination
Company has the right to:
remove or refuse to Post any User Content or User-Based Content for any or no reason in its sole discretion;
take any action with respect to any User Content or User-Based Content that it deems necessary or appropriate in its sole discretion, including if Company believes that it violates any Applicable Term, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of others, or could create liability for Company;
disclose your identity or other information about you to any third party who claims that your User Content or related User-Based Content violates any of their rights, including any intellectual property right or their right of publicity or privacy;
take appropriate legal action (including, without limitation, referral to law enforcement) for any illegal or unauthorized use of a Site or any use of a Site in violation of any Applicable Term; and
terminate, suspend, or block your access to all or part of a Site for any or no reason (including, without limitation, any violation of any Applicable Term).
Without limiting the foregoing, Company has the right to fully cooperate with any law enforcement authorities or court order requesting or directing Company to disclose the identity or other information of anyone providing User Content. YOU WAIVE AND HOLD HARMLESS COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATION AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATION BY SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
3. Content Standards
These content standards apply to any and all User Content. User Content must in its entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Content must not:
infringe or violate any patent, trademark, trade secret, copyright, or other intellectual property or other right of any person (including the right of publicity or privacy);
contain confidential or proprietary information of any other person;
contain any material that could give rise to any civil or criminal liability under any applicable law or regulation or that otherwise may be in conflict with any Applicable Term;
contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable or unlawful; or
contain harmful content such as malware, viruses, trojan horses, worms, logic bombs, time bombs, or other material that is malicious or technologically harmful.
4. Reporting Claims of Copyright Infringement
Company takes claims of copyright infringement seriously. Company will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from a Site infringe your copyright, you may request removal of those materials (or access to them) by submitting written notification to: firstname.lastname@example.org
Please be aware that if you knowingly materially misrepresent that material or activity on a Site is infringing your copyright, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.
5. Repeat Infringers
It is Company’s policy in appropriate circumstances to disable, block, or terminate the accounts of users who are repeat infringers of this Policy (including, without limitation, with regard to allegations of copyright infringement).
You agree to defend, indemnify, and hold harmless Company and 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 and all claims, liabilities, damages, judgments, awards, losses, costs, expenses, and fees (including reasonable attorneys' fees) arising out of or relating to your violation of any Applicable Term, your use of a Site, or any of your User Content or related User-Based Content.
7. Governing Law
Any matter between you and Company relating to any Site or any related Applicable Term (including this Policy), your User Content or any related User-Based Content, or any dispute or claim arising from or related to any of the foregoing (in each case, including non-contractual disputes or claims) shall be governed by and construed in accordance with the internal laws of the State of Florida without giving effect to any choice or conflict of law provision or rule (whether of the State of Florida or any other jurisdiction).
Any legal suit, action, or proceeding between you and Company arising out of, or related to, any Site or any related Applicable Term (including this Policy) or your User Content or any related User-Based Content shall be instituted and maintained exclusively in the Twelfth Judicial Circuit in and for Sarasota County, Florida, located in the City of Sarasota, or the United States District Court for the Middle District of Florida located in the City of Tampa, although Company retains the right to bring any suit, action, or proceeding against you in your country or state of residence or any other relevant country or state. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
9. Waiver and Severability
No waiver by Company of any term or condition set forth in any Applicable Term shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Company to assert a right or provision under any Applicable Term shall not constitute a waiver of such right or provision.
If any provision of this Policy or any other Applicable Term is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, a suitable and equitable provision will be substituted therefor to carry out the original intent as closely as possible, and the remaining provisions will continue in full force and effect.