Terms of Service

1. User content

1.1 User content generally

Certain features of the Service may permit users to post content, including messages, reviews, photos, video, images, folders, data, text, and other types of works (collectively, “User Content”) and to publish User Content on the Service.

1.2 Limited license grant

By posting or publishing User Content, you grant Sponsor a perpetual, worldwide, non-exclusive, royalty-free right and license (with the right to sublicense) to host, store, transfer, display, perform, reproduce, modify, and distribute your User Content, in whole or in part, in any media formats and through any media channels (now known or hereafter developed). Any such use of your User Content by Sponsor may be without any compensation paid to you.

1.3 Limited license grant to other users

By posting and sharing User Content with another user of the Service, you hereby grant that user a non-exclusive license to access and use such User Content as permitted by these Terms and the functionality of the Service.

1.4 Representations and warranties

You are solely responsible for your User Content and the consequences of posting or publishing User Content. By posting and publishing User Content, you affirm, represent, and warrant that:

• You are the creator and owner of, or have the necessary licenses, rights, consents, and permissions to use and to authorize Sponsor and users of the Service to use and distribute your User Content.
• Your User Content does not and will not: (i) infringe, violate, or misappropriate any third-party right; or (ii) slander, defame, libel, or invade the right of privacy, publicity, or other property rights of any other person.
• By creating an account with us, you guarantee you are 18 years of age or older and all personal information you provide is accurate.

1.5 User content disclaimer

Sponsor is under no obligation to edit or control User Content that you or other users post or publish, and Sponsor will not be in any way responsible or liable for User Content. Sponsor may, however, at any time and without prior notice, screen, remove, edit, or block any User Content that in Sponsor's sole judgment violates these Terms or is otherwise objectionable.

2. Third-party services and linked websites

Sponsor may provide tools through the Service that enable you to export information, including User Content, to third-party services, such as features that allow you to link your Sponsor account with an account on Twitter or Facebook, or buttons such as “like” or “share.” By using these tools, you agree that Sponsor may transfer such information to the applicable third-party service. Such third-party services are not under Sponsor's control, and Sponsor is not responsible for their use of your exported information. The Service may also contain links to third-party websites. Such linked websites are not under Sponsor's control, and Sponsor is not responsible for their content.

3. Termination of use; discontinuation and modification

If you violate any provision of these Terms, your permission to use the Service will terminate automatically. Sponsor may also terminate your account or access at any time, with or without notice. Sponsor reserves the right to modify or discontinue the Service at any time, with or without notice. Sponsor will have no liability whatsoever on account of any change to the Service or any suspension or termination of your access.

4. Feedback

If you provide feedback to Sponsor regarding the Service (“Feedback”), you acknowledge that the Feedback is not confidential and you authorize Sponsor to use that Feedback without restriction and without payment to you. You grant Sponsor a nonexclusive, royalty-free, fully paid, perpetual, irrevocable, transferable, and fully sub-licensable right to use the Feedback in any manner and for any purpose.

5. Privacy policy; additional terms

5.1 Privacy policy. Please read the Bonita Bowls Privacy Policyfor information relating to Sponsor's collection, use, storage, and disclosure of your personal information. The Privacy Policy is incorporated by reference into, and made a part of, these Terms.

5.2 Additional terms. Your use of the Service is subject to any additional terms, policies, rules, or guidelines applicable to the Service or certain features that Sponsor may post on or link to on the Service. All such Additional Terms are incorporated by reference into these Terms.

6. Modification of these terms

Sponsor reserves the right, at its discretion, to change these Terms on a going-forward basis at any time. Please check these Terms periodically for changes. If a change materially modifies your rights or obligations, you will be required to accept the modified terms in order to continue to use the Service. Material modifications are effective upon your acceptance; immaterial modifications are effective upon publication.

7. Ownership; proprietary rights

The Service is owned and operated by Sponsor. The visual interfaces, graphics, design, compilation, information, data, computer code, products, software, services, and all other elements of the Service (the “Materials”) provided by Sponsor are protected by all relevant intellectual property and proprietary rights and applicable laws. All Materials contained in the Service are the property of Sponsor or our third-party licensors. Except as expressly authorized by Sponsor, you may not make use of the Materials.

8. Indemnity

You agree to defend, indemnify, and hold harmless Sponsor and each of their officers, directors, employees, consultants, affiliates, subsidiaries, agents, and distributors (collectively, the “Sponsor Entities”) from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising out of or connected with: (i) your access to or use of the Service; (ii) your violation of these Terms; (iii) your violation of any third-party right; or (iv) any disputes between you and any third party.

9. Disclaimers; no warranties

THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS, WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. THE SPONSOR ENTITIES SPECIFICALLY DISCLAIM ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT. SPONSOR ENTITIES DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS.

YOU ASSUME ALL RISK FOR ALL DAMAGES THAT MAY RESULT FROM YOUR USE OF OR ACCESS TO THE SERVICE. SOME JURISDICTIONS MAY PROHIBIT A DISCLAIMER OF WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.

10. Limitation of liability

IN NO EVENT WILL THE SPONSOR ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, STATUTE, OR ANY OTHER LEGAL THEORY.

YOU AGREE THAT THE AGGREGATE LIABILITY OF THE SPONSOR ENTITIES TO YOU FOR ANY CLAIMS ARISING OUT OF OR RELATING TO THE USE OF THE SERVICE IS LIMITED TO THE GREATER OF (i) THE AMOUNTS YOU HAVE PAID TO SPONSOR IN THE TWELVE MONTHS PRIOR TO THE CLAIM OR (ii) $100. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES.

11. Governing law

These Terms are governed by the laws of the State of Illinois without regard to conflict-of-law principles. You and Sponsor agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within the State of Illinois. Sponsor operates the Service from its offices in Illinois and makes no representation that Materials included in the Service are appropriate or available for use in other locations.

12. General

These Terms, together with the Privacy Policy and any other agreements expressly incorporated by reference, constitute the entire and exclusive understanding and agreement between you and Sponsor regarding your use of and access to the Service. You may not assign or transfer these Terms in whole or in part without our prior written consent. Sponsor may assign these Terms at any time without notice. If any part of these Terms is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent possible and the remaining parts will remain in full force and effect.

13. Dispute resolution and arbitration

13.1 Generally. You and Sponsor agree that any disputes arising in connection with these Terms and your use of the Service will be resolved by binding arbitration. Arbitration is more informal than a lawsuit in court, uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. BY ENTERING INTO THESE TERMS, YOU AND SPONSOR ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

13.2 Exceptions.Nothing in these Terms will be deemed to waive, preclude, or otherwise limit either party's right to: (i) bring an individual action in small claims court; (ii) pursue enforcement actions through applicable federal, state, or local agencies; (iii) seek injunctive relief in a court of law; or (iv) file suit in a court of law to address intellectual property infringement claims.

13.3 Arbitrator.Any arbitration will be governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these Terms, and will be administered by the AAA.

13.4 Notice; process. A party who intends to seek arbitration must first send a written notice of the dispute to the other, by certified mail or Federal Express (signature required), or if we do not have a physical address on file for you, by submitting our contact form. The Notice must describe the nature and basis of the claim or dispute and set forth the specific relief sought (“Demand”). If we do not reach an agreement within thirty (30) days after the Notice is received, either party may commence an arbitration proceeding.

13.5 Fees. If you commence arbitration in accordance with these Terms, Sponsor will reimburse you for your payment of the filing fee, unless your claim is for greater than $10,000, in which case the payment of any fees will be decided by the AAA Rules. Arbitration hearings will take place at a location agreed upon in Illinois.

13.6 No class actions.YOU AND SPONSOR AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of representative or class proceeding.

13.7 Modifications.If Sponsor makes any future change to this arbitration provision (other than a change to Sponsor's address for Notice), you may reject any such change by sending written notice within thirty (30) days of the change, in which case your account will immediately be terminated and this arbitration provision as in effect immediately prior to the amendments will survive.

13.8 Enforceability. If Section 13.6 is found to be unenforceable or if the entirety of this Section 13 is found to be unenforceable, then the entirety of Section 13 will be null and void and the exclusive jurisdiction and venue described in Section 11 will govern.

14. Consent to electronic communications

By using the Service, you consent to receiving certain electronic communications from us as further described in our Privacy Policy. You agree that any notices, agreements, disclosures, or other communications that Sponsor sends to you electronically will satisfy any legal communication requirements, including that such communications be in writing.

15. Contact information

The Services hereunder are offered by Sponsor (Bonita Bowls). You may contact us via our contact page or by email at support@bonitabowls.co.