Introduction
Your use of the websites, apps on which these terms reside, and text message service (including the SMS Program) (collectively, the “Platform”), and the features at this Platform are subject to these Terms of Use (this “Agreement”), which sets forth a legally binding agreement between you and B. David Levine (“B. David Levine”). Please carefully read this Agreement, as well as our Privacy Policy, before using this Platform. If you do not agree to the terms contained in this Agreement, then you may not use the Platform. Your use of the Platform constitutes your acknowledgement that you have the legal authority to bind yourself or any party you represent to, and your acceptance of, this Agreement. This includes, but is not limited to, conducting a transaction electronically, accepting the disclaimer of warranties, damage and remedy exclusions and limitations, binding arbitration, text messaging terms, and a choice of California law. You acknowledge that you have read and agree to be bound by this Agreement and to comply with all applicable laws, regulations, and/or rules with regard to your use of the Platform.
Changes to Platform and Agreement
From time to time, B. David Levine may update this Platform and this Agreement. Your use of this Platform after B. David Levine posts changes to this Agreement constitutes your agreement to those changes, effective immediately from the date of such changes. B. David Levine may, in its sole discretion, and at any time, discontinue this Platform or any part thereof, with or without notice, or may prevent your use of this Platform with or without notice to you. You agree that you do not have any rights in this Platform and B. David Levine will have no liability to you if this Platform is discontinued or your ability to access the Platform is terminated.
Use of the Platform
The following requirements apply to your use of the Platform:
- You will not use any electronic communication feature of the Platform for any purpose that is unlawful, harmful, tortuous, defamatory, libelous, obscene, invasive of the privacy of another person, threatening, harassing, abusive, hateful, racist, or otherwise objectionable or inappropriate as determined by B. David Levine.
- You will not upload, post, reproduce, or distribute any information, software, or other material protected by copyright or any other intellectual property right (as well as rights of publicity and privacy) without first obtaining the permission of the owner of such rights.
- You will not collect or store personal data about other users.
- You will not use the Platform for any commercial purpose not expressly approved by B. David Levine in writing.
Binding Arbitration
You agree that any controversy or claim arising out of or relating to the Platform, use of the Platform, this Agreement and/or the Privacy Policy shall be settled by binding arbitration in a location determined by the arbitrator as set forth herein (provided that such location is reasonably convenient for you), or at such other location as may be mutually agreed upon by the parties, in accordance with the applicable procedural rules set forth in the then prevailing Comprehensive Arbitration Rules and Procedures of JAMS (“JAMS Rules and Procedures”).
Communicating with B. David Levine
On certain areas of the Platform, you may be given the ability to contact B. David Levine by electronic mail, for example, to sign up for services such as email notifications, text notifications and messages, and newsletters about B. David Levine products, or to register for a particular sweepstakes or contest. The information that you provide to B. David Levine through the Platform is governed by B. David Levine’s Privacy Policy.
General
BY ACCESSING THIS PLATFORM, REGISTERING WITH THE PLATFORM, AND/OR ACCEPTING ANY INFORMATION FROM THIS PLATFORM YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD B. DAVID LEVINE AND THE B. DAVID LEVINE AFFILIATES HARMLESS FROM AND AGAINST ANY ACTUAL OR ALLEGED CLAIMS, DEMANDS, CAUSES OF ACTION, JUDGMENTS, DAMAGES, LOSSES, LIABILITIES, AND ALL COSTS AND EXPENSES OF DEFENSE (INCLUDING REASONABLE ATTORNEYS’ FEES AND COURT COSTS) ARISING OUT OF OR RELATING TO: (A) YOUR BREACH OF THIS AGREEMENT; (B) YOUR VIOLATION OF ANY LOCAL, STATE, FEDERAL, OR INTERNATIONAL LAW, RULE, OR REGULATION; (C) A CLAIM BY A THIRD PARTY THAT IS BASED ON YOUR USE OF THE PLATFORM OR THE CONTENT; (D) INFORMATION OR MATERIAL POSTED OR TRANSMITTED THROUGH YOUR DEVICE, COMPUTER, OR ACCOUNT, EVEN IF NOT SUBMITTED BY YOU; (E) ANY MISREPRESENTATION MADE BY YOU; (F) ANY DISPUTE BETWEEN YOU AND ANOTHER USER OF THE PLATFORM; (G) THE THEFT, MISAPPROPRIATION OR DISCLOSURE OF YOUR PASSWORD OR OTHER ACCOUNT DETAILS; (H) YOUR AUTHORIZATION OF ANYONE ELSE TO USE YOUR PASSWORD. YOU WILL COOPERATE AS FULLY AND AS REASONABLY REQUIRED IN B. DAVID LEVINE’S DEFENSE OF ANY CLAIM. B. DAVID LEVINE RESERVES THE RIGHT, AT ITS OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, AND YOU SHALL NOT, IN ANY EVENT, SETTLE ANY MATTER WITHOUT THE WRITTEN CONSENT OF B. DAVID LEVINE.
Contact Information
- Address: 918 N. La Cienega Boulevard, Los Angeles, California 90069, United States
- Phone: 310.854.1884
- Email: salesdept@bdavidlevine.com