MERRITT & MERRITT

PLEASE READ THESE TERMS OF USE CAREFULLY.  BY ACCESSING OR USING THIS WEB SITE, YOU AGREE TO BE LEGALLY BOUND BY THESE TERMS AND CONDITIONS AND ALL TERMS INCORPORATED BY REFERENCE.

IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THIS SITE.

SITE SERVICES ARE AVAILABLE ONLY TO US RESIDENTS AND CITIZENS 18 YEARS OF AGE OR OLDER (19 IN ALABAMA).   YOU REPRESENT AND WARRANT THAT YOU ARE OF LEGAL AGE TO MAKE A CONTRACT IN YOUR JURISDICTION.  IF YOU ARE UNDER THE AGE OF MAJORITY IN YOUR JURISDICTION, YOU MUST HAVE THE PERMISSION OF A PARENT OR GUARDIAN TO USE THIS SITE.  THIS SERVICE IS NOT INTENDED FOR USE BY MINORS AND IS NOT MARKETED TO MINORS FOR USE.   NO ONE 13 YEARS OF AGE OR YOUNGER MAY USE THIS SITE OR PROVIDE PERSONALLY IDENTIFIABLE INFORMATION TO US OR ON THE SITE.

WE DO NOT ACCEPT ACCOUNTS FROM OUTSIDE THE UNITED STATES OF AMERICA.

 

THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK.  IF YOU DO NOT AGREE TO THESE TERMS OF USE, YOU MAY NOT USE OR ACCESS THE SERVICE.

 

Please note in particular our Submission Terms below.   Only account holders are permitted to post to the Site.   You must be over the age of majority in your jurisdiction (legal age to form a contract) in the US to become an account holder.

 

Site

This website is operated by Bounce Back, LLC (“BB,” “we” or “us”).  These terms of use (“Terms of Use”) apply to your access to and use of the BB website, including as applicable, any mobile sites and applications which link to these Terms of Use (collectively, the “Site” or “Service”).

 

These Terms of Use apply to all users of the Service for any reason.  We may terminate Services and/or your account or use of any Service without prior notice at any time for any reason or no reason. By registering for, opening an account and/or using the Service in any manner, including but not limited to visiting or browsing any Service, you agree to all of the terms and conditions contained in this Terms of Use, and all other operating rules, policies and procedures that may be published from time to time on any Service by us, including without limitation our Privacy Policy, each of which is incorporated in these Terms of Use by reference.  We may update any Terms of Use in our sole discretion without prior notice, so please check these Terms of Use frequently to make sure you are aware of any changes.  Any changes or modification will be effective immediately upon posting of the revisions on the Site, and you waive any right you may have to receive specific notice of such changes or modifications.  Your continued use of these Site following the posting of changes or modifications will confirm your acceptance of such changes or modifications.  Therefore, you should frequently review the Terms of Use and applicable policies from time-to-time to understand the terms and conditions that apply to your use of the Site.  If you do not agree to the amended terms, you must stop using the Site.

Subject to these Terms of Use, we may provide the Services selected by you solely for your own use, and not for the benefit of any third party.

All questions or comments about the Site or Site content should be directed here.

 

Privacy Policy

Please refer to our Privacy Policy for information on how we collect, use and disclose personally identifiable information from our users.

 

Mobile Communications

If you request to receive updates or other information by mobile phone or text message and we are then providing this service, you consent to our communicating with you via your mobile device.  We do not charge for these services.  However, your carrier’s normal messaging, data and other rates and fees will still apply.  You should check with your carrier to find out what plans are available and how much they cost.

 

Copyright and Limited License

Unless otherwise specifically indicated in the Site, the Site and all content and other materials on the Site, including, without limitation, BB’s logo, and all designs, text, graphics, pictures, information, data, software, tools, widgets, sound files, other files and their selection and arrangement (collectively, the “Site Materials”) are the intellectual and proprietary property of BB or its licensors or users and are protected by U.S. and international copyright laws.

You are granted a limited, non-sublicensable license to access and use the Site and the Site Materials for your informational, non-commercial and personal use, provided only that individual persons running for political office, their Site member employees and their Site member individual supporters or Site member persons not supporting that politician, may post links to the site(s) of politicians discussed in the post, or to other sites encouraging political discussion, subject to the terms and policies of those sites.  NO POLITICAL ACTION COMMITTEES OR OTHER ORGANIZATIONS MAY BECOME ACCOUNT HOLDERS.   ONLY INDIVIDUALS MAY OPEN AND MAINTAIN ACCOUNTS ON THIS SITE.

Such license is subject to these Terms of Use and does not include: (a) any resale or commercial use of  the Site or the Site Materials therein other than as specifically provided in the paragraph above; (b) the reproduction, distribution, public performance or public display of any Site Materials, except as expressly permitted on the Site; (c) modifying or otherwise making any derivative uses of the Site and the Site Materials, or any portion thereof; (d) use of any data mining, robots or similar data gathering or extraction methods; (e) downloading (other than the page caching) of any portion of the Site, the Site Materials or any information contained therein, except as expressly permitted on the Site; or (f) any use of the Site or the Site Materials other than for its intended purpose.  Any use of the Site or the Site Materials other than as specifically authorized in these Terms of Use without the prior written permission of BB in each instance, is strictly prohibited and will terminate the license granted to you.  Such unauthorized use may also violate applicable law, including without limitation copyright and trademark laws and applicable communications regulations and statutes, and subject you to monetary or other damages.  Unless explicitly stated in these Terms of Use, nothing in these Terms of Use will be construed as conferring any license to intellectual property rights, whether by estoppel, implication, use or otherwise.  This license is revocable by us at any time.

 

Repeat Infringer Policy

In accordance with the Digital Millennium Copyright Act (“DMCA”) and other applicable law, BB has adopted a policy of terminating, in appropriate circumstances and at BB’s sole discretion, subscribers or account holders who are deemed by us in our sole discretion to be repeat infringers or otherwise negatively affect our other users.  BB may also at its sole discretion limit access to the Site and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

 

Copyright Complaints

Claims of Copyright Infringement — DMCA Notice

We take claims of copyright infringement seriously and will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from Our Service infringes your copyright, you may request removal of those materials from the Service by submitting written notification to our Copyright Agent, info@bback.us.

 

Notice.   In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (the “DMCA Notice”) must include substantially the following:

• Your physical or electronic signature.
• Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works, a representative list of the works.
• Copyright registration information for each work you are alleging is infringed, if available.
• Identification of the work you believe infringing sufficient to allow us to locate the work on the Service.
• Your contact information, including your name, postal address, a telephone number where you can be reached during normal business hours ET and your email address.
• A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent or the law.
• A statement that the information in the written notice is accurate.
• A statement, under penalty of perjury, that you are the copyright owner or authorized to act on behalf of the copyright owner.

If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective. Please be aware that if you knowingly materially misrepresent that material or activity on the Site is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.

Counter-notice.  If you believe that material you posted on the Site was removed or access to it was disabled by mistake or misidentification, you may file a counter-notification with us (a “Counter-Notice”) by submitting a counter-notice notification to our copyright agent.  Pursuant to the DMCA, the Counter-Notice must include substantially all of the information as follows:

• Your physical or electronic signature.
• An identification of the work that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access disabled.
• Adequate information by which we can contact you, including your name, postal address, a telephone number where you can be reached during normal business hours ET and your email address.
• A statement under penalty of perjury by you that you have a good faith belief that the identified work was removed or disabled as a result of a mistake or misidentification of the work to be removed or disabled.
• A statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or if you reside outside the United States for any judicial district in which the Site may be found) and that you will accept service from the person (or an agent of that person) who provided the Site with the complaint at issue.

 

The DMCA allows us to restore the removed work if the party filing the original DMCA Notice does not file a court action against the alleged infringer within ten business days of receiving the copy of your Counter-Notice. If you knowingly materially misrepresent that material or activity on the Service was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA. It is our policy in appropriate circumstances to disable and/or terminate the accounts of Users who are repeat infringers.

 

Trademarks

All logos and slogans contained in the Site are trademarks of BB, its suppliers, licensors or other third parties and may not be copied, imitated or used, in whole or in part, without the prior written permission of BB or the applicable trademark holder.  You may not use any metatags or any other “hidden text” utilizing “Bounce Back” or any other name, trademark or product or service name of BB without our prior written permission in each instance.  In addition, the look and feel of the Site, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of BB and may not be copied, imitated or used, in whole or in part, without our prior written permission in each instance.  All other trademarks, registered trademarks, product names and company names or logos mentioned in the Site are the property of their respective owners.  Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, and supplier or otherwise does not constitute or imply endorsement, sponsorship, or recommendation by us.

 

BOUNCE BACK is the registered trademark of Bounce Back, LLC.   BOUNCE BACK and design is the trademark of Bounce Back, LLC.

 

All rights in BB intellectual and proprietary information not expressly granted in these Terms of Use are reserved to BB.

 

Hyperlinks

You may not use a BB logo or other proprietary graphic of BB to link to these Site without the express written permission of BB.  Further, you may not use, frame or utilize framing techniques to enclose any BB trademark, logo or other proprietary information, including the images found at the Site, the content of any text or the layout/design of any page or form contained on a page on the Site without BB’ express written consent.  Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright or proprietary right of BB or any third party.

 

BB makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature, or reliability of third-party web sites accessible by hyperlink from the Site, or Web sites linking to the Site.  Such sites are not under the control of BB and BB is not responsible for the contents of any linked site or any link contained in a linked site, or any review, changes or updates to such sites.  BB provides these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement, or adoption by BB of any site or any information contained therein.  When you leave the Site, you should be aware that our terms and policies no longer govern.  You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site.

 

Third Party Content

We may make third party information and other content available on or through the Site (the “Third Party Content”) as a service to those interested in this information. BB does not control, endorse or adopt any Third Party Content and makes no representation or warranties of any kind regarding the Third Party Content, including without limitation regarding its accuracy or completeness.  You acknowledge and agree that BB is not responsible or liable in any manner for any Third Party Content and undertakes no responsibility to update or review any Third Party Content.  Users use such Third Party Content contained therein at their own risk.  Although we have no obligation to monitor any Third Party Content, we may do so in our discretion, and remove, edit or modify any such content at any time without prior notice.  Please see SUBMISSION TERMS below.

 

User Content and Conduct

The Site may include areas in which you or other users may post or upload Submissions and other text, photos, video, messages, information, content or materials on the Site (“User Content” includes “Submissions”).  You are solely responsible for the User Content you post or upload.

 

You agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Site any of the following:  User Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, false, misleading, fraudulent or otherwise abhorrent or objectionable;

User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law; User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party.  By posting any User Content, you represent and warrant that you have the lawful right to distribute and reproduce such User Content; User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity; Private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers; Viruses, corrupted data or other harmful, disruptive or destructive files; and User Content that, in the sole judgment of BB, is objectionable or which restricts or inhibits any other person from using or enjoying the Site, or which may expose BB or its users to any harm or liability of any type.

 

You further agree that you are solely responsible for your conduct while on the Site, and you agree that you will not do any of the following in connection with the Site or its users:

Use the Site in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Site or that could damage, disable, overburden or impair the functioning of the Site in any manner; Impersonate or post on behalf or any person or entity or otherwise misrepresent your affiliation with a person or entity; Cheat or utilize unauthorized exploits in connection with the Service; Stalk, intimidate, threaten, or otherwise harass or cause discomfort to other users; Send distribute or post spam, unsolicited or bulk commercial electronic communications, chain letters, or pyramid schemes; Harvest or otherwise collect information about users, including email addresses, without their consent; Use the Site for any illegal or unauthorized purpose or engage in, encourage, or promote any illegal activity, or any activity that violates these Terms of Use; or Circumvent or attempt to circumvent any filtering, security measures or other features BB may from time to time adopt to protect the Site, its users or third parties.

 

BB takes no responsibility and assumes no liability for any for any loss or damage sustained by or through any User Content posted, stored or uploaded by you or any third party, nor for any user conduct, nor is BB liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter.

 

YOUR USE OF THE SITE IS AT YOUR OWN RISK.  Enforcement of the user content or conduct rules set forth in these Terms of Use is solely at BB’s discretion, and failure to enforce such rules in some instances does not constitute a waiver of our right to enforce such rules in other instances.  In addition, these rules do not create any private right of action on the part of any third party or any reasonable expectation that the Site will not contain any content that is prohibited by such rules.   As a provider of interactive services, BB is not liable for any statements, representations or User Content provided by its users in any public forum, personal home page or other Interactive Area.

 

Although BB has no obligation to screen, edit or monitor any of the Content posted in any interactive area, BB reserves the right, and has absolute discretion, to remove, screen or edit any User Content posted or stored on the Site at any time and for any reason without notice, and you are solely responsible for creating backup copies of and replacing any User Content you post or store on the Site at your sole cost and expense..  Any use of the interactive areas or other portions of the Site in violation of the foregoing violates these Terms of Use and may result in, among other things, termination or suspension of your rights to use the Interactive Areas and/or the Site.

Your interactions with any organizations and/or individuals found on or through the Service, including promotion and/or attendance at any event or promotion, emails, blogs and other communications, payment and delivery of goods or services, posting of content, and any other terms, conditions, warranties or representations associated with such interactions, are solely between you and that third party person or entity.   It is your responsibility to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction or communication with any of these third parties or attending any event sent through the Service or publicly distributed on the web or otherwise distributed. We are not responsible or liable for any loss or damage of any sort incurred as the result of any such interactions or attendance at any such event.

 

As further provided below under SUBMISSION TERMS, if you post User Content to the Site, you grant BB and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content throughout the world in any media and for any purpose in connection with BB or its projects or initiatives.  You grant BB and its affiliates and sub-licensees the right to use the name that you submit in connection with such content, if we choose.  You represent and warrant that (a) you own and control all of the rights to the User Content that you post or you otherwise have the right to post such User Content to the Site; (b) the User Content is accurate and not misleading; and (c) use and posting of the User Content you supply does not violate these Terms of Use and will not violate any rights of or cause injury to any person or entity.

 

Indemnification

You agree to defend, indemnify and hold harmless the “indemnified parties” as defined below, from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of or related to any User Content you post, store or otherwise transmit on or through the Site or your use of  the Interactive Areas, including without limitation any actual or threatened suit, demand or claim made against BB and/or its independent contractors, service providers, employees, directors or consultants, arising out of or relating to User Content, your conduct, your violation of these Terms of Use or your violation of the rights of any third party on or through the Site.

 

Disclaimers

THE SITE, BB MATERIALS AND CONTENT AND BB SERVICES ARE PROVIDED “AS-IS” “WHERE-IS” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, TO THE MAXIMUM EXTENT PROVIDED BY LAW.  BB DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AND AS TO ACCURACY OR RELIABILITY OF THE INFORMATION, CONTENT, FORMS OR OTHER SITE MATERIALS ACCESSED THROUGH THE SITE.  BB IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS, INCLUDING THOSE RELATING TO PRICING, TEXT OR PHOTOGRAPHY.  WHILE BB ATTEMPTS TO MAKE YOUR ACCESS AND USE OF THE SITES AND SERVICES SAFE, BB CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SITES, THE SITE MATERIALS OR THE SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD.  BB IS NOT RESPONSIBLE OR LIABLE IN ANY MANNER FOR ANY THIRD PARTY ACTIVITIES OR EVENTS LISTED ON THE SITES OR FOR THE CONDUCT OF ANY EVENT OR ACTIVITY ORGANIZED BY OR THROUGH OTHER USERS OF THE SITES.

 

BB reserves the right to discontinue Services, change any and all content contained in the Site and any Services offered through the Site at any time without notice.  Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation of, or any affiliation with, BB.

 

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL BB, ITS OWNERS, MANAGERS, SHAREHOLDERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS OR REPRESENTATIVES, AND THEIR RESPECTIVE OWNERS, MANAGERS, SHAREHOLDERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS OR REPRESENTATIVES (TOGETHER, THE “INDEMNIFIED PARTIES”)  BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY OR OTHERWISE (AND WHETHER OR NOT THE INDEMNIFIED PARTIES HAD PRIOR KNOWLEDGE OF THE CIRCUMSTANCES GIVING RISE TO SUCH LOSS OR DAMAGE) WITH RESPECT TO THE SERVICE, OUR OR THIRD PARTY CONTENT, USER SUBMISSIONS, LINKS OR OTHERWISE  FOR INDIRECT OR CONSEQUENTIAL LOSSES OR DAMAGES; LOSS OF ACTUAL OR ANTICIPATED PROFITS; LOSS OF REVENUE; LOSS OF GOODWILL; LOSS OF DATA; LOSS OF ANTICIPATED SAVINGS; WASTED EXPENDITURE; OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; DEATH OR PERSONAL INJURY ARISING AS A RESULT OF OUR OR YOUR NEGLIGENCE (AS APPLICABLE); FRAUD (INCLUDING FRAUDULENT MISREPRESENTATION), THEFT OR OTHER CRIMINAL ACTIVITY. NOTHING IN THESE TERMS OF USE WILL BE DEEMED TO EXCLUDE OR LIMIT YOUR LIABILITY IN RESPECT OF ANY INDEMNITY GIVEN BY YOU UNDER THESE TERMS OF USE. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, OUR LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

ALL LIABILITY OF THE INDEMNIFIED PARTIES, HOWSOEVER ARISING, FOR ANY LOSS SUFFERED AS A RESULT OF YOUR USE OF THE SERVICE, CONTENT, USER SUBMISSIONS OR ANY OTHER ASPECT OF THE SERVICE IS EXPRESSLY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW.  IF A COURT OF COMPETENT JURISDICTION DETERMINES THAT LIABILITY OF INDEMNIFIED PARTIES (AS APPLICABLE) HAS ARISEN, THE TOTAL OF SUCH LIABILITY TO ALL INDEMNIFIED PARTIES TOGETHER WILL BE LIMITED IN AGGREGATE TO THE AMOUNT PAID BY YOU FOR USE OF THE SERVICE IN THE TWELVE MONTH PERIOD PRECEDING NOTICE OF LIABILITY OR LOSS.  CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OF LIMITATION OF CERTAIN DAMAGES.  THEREFORE, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

RELEASE:  YOU RELEASE US FROM ALL LIABILITY RELATING TO YOUR CONNECTIONS AND RELATIONSHIPS WITH OTHER USERS. YOU UNDERSTAND THAT WE DO NOT, IN ANY WAY, SCREEN USERS, NOR DO WE INQUIRE INTO THE BACKGROUNDS OF USERS OR ATTEMPT TO VERIFY THEIR BACKGROUNDS OR STATEMENTS. WE MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OR THE VERACITY OF ANY INFORMATION USERS PROVIDE. IN NO EVENT WILL WE BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE SERVICES, INCLUDING, WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND ANY DAMAGES RESULTING IN ANY WAY FROM COMMUNICATIONS OR MEETINGS WITH USERS OR PERSONS YOU MAY OTHERWISE MEET THROUGH THE SERVICES. AS SUCH, YOU AGREE TO TAKE ALL PRECAUTIONS AND EXERCISE THE UTMOST PERSONAL CARE IN ALL INTERACTIONS WITH ANY INDIVIDUAL OR ENTITY WITH WHOM OR WHICH YOU COME INTO CONTACT THROUGH THE SERVICES, PARTICULARLY IF YOU DECIDE TO MEET SUCH INDIVIDUALS IN PERSON. IT IS YOUR RESPONSIBILITY TO OBTAIN PERMISSION TO SEND OTHER POTENTIAL USERS INFORMATION TO OR THROUGH THE SITE, AND OBTAIN THEIR PERMISSION TO USE THEIR NAME AND CONTACT OR OTHER INFORMATION. 

 

Applicable Law and Venue

These Terms of Use and your use of the Site will be governed by and construed in accordance with the laws of the State of applicable to agreements made and to be entirely performed within, without resort to its conflict of law provisions.  You agree that any action at law or in equity arising out of or relating to these Terms of Use will be filed only in the state and federal courts located in Vermont.  You irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Terms of Use, including without limitation any use by you of the Site whatsoever.   You expressly consent to the personal and subject matter jurisdiction of such courts.   You will not contest venue as appropriate in Vermont.  You will not participate in any class action arising out of or in connection with your or third party use of the Site in any manner whatsoever.  You expressly waive all right to trial by jury.  In the event we prevail in any action, you are responsible for our reasonable attorneys’ fees and costs.

 

Termination

Notwithstanding any of these Terms of Use, BB reserves the right, without notice and in its sole discretion, to terminate your access to the Site, and to block or prevent your future access to and use of the Site.

 

Miscellaneous.  These Terms of Use are personal to you, and are not assignable, transferable or sublicensable by you except with our prior written consent in each instance. We may assign, transfer or delegate any of our rights and/or obligations without your consent at any time. No agency, partnership, joint venture, or employment relationship is created as a result of these Terms of Use and neither party has any authority of any kind to bind the other in any respect.  Our to exercise in any respect any right will not be deemed a waiver of that or any other or further rights. Waiver of compliance in any particular instance does not mean we will waive compliance in the future.  These Terms of Use are not intended to benefit any third party, and do not create any third-party beneficiaries. Accordingly, this Agreement may only be invoked or enforced by you or us. If any provision of these Terms of Use are deemed unlawful, void or for any reason unenforceable, then that provision will be deemed severable from these Terms of Use and will not affect the validity and enforceability of any remaining provisions so long as the purpose and intent of these Terms of Use is retained.

 

Questions & Contact Information

Questions or comments about the Site may be directed to BB here.

 

PRIVACY POLICY

Bounce Back LLC (“BB,” “we,” “us,” or “our”) is committed to protecting your privacy. This Privacy Policy (“Policy”) describes how we collect, use, store, process, and share your information on our site https://www.bback.us (the “Site”). By accessing, browsing, or using the Site, you expressly consent to the collection, use, storage, processing, and disclosure of your information, including personally identifiable information, as described in this Policy. IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS OF THIS PRIVACY  POLICY AND/OR OUR TERMS OF USE, DO NOT ACCESS OR USE OUR SITE.

 

This Policy is part of and incorporated into the Terms of Use governing your use of the Site. Parts of the Terms of Use affect this Policy, so please be sure to review the Terms of Use prior to using the Site. Capitalized terms used but not defined here have the definitions provided in the Terms of Use.

 

Please be aware that BB and all associated services and systems are housed on servers in the United States, and this Site is available only to US citizens and residents residing in the US while using the Site.  If you are located outside of the United States, information we collect (including cookies) are processed and stored in the United States, which may not offer the same level of privacy protection as the country where you reside or are a citizen. By using the site and providing information to us, you consent to the transfer to and processing of the information in the United States without regard to the privacy policies that may be in effect in any other jurisdictions.

 

Changes to this Policy

We reserve the right to change this Policy at any time in our sole discretion with or without prior notice to you. We may give notice by posting the updated Policy on the Site, sending you an email, or by any other reasonable means. You are advised periodically to review this Policy for changes and you can review the most current Policy at any time at  https://www.bback.us. The updated Policy will govern your use of the Site as of the Effective Date indicated at the bottom of this Policy. If you do not agree to the updated Policy, you should stop using the Site. Your use of the Site after the Effective Date of the updated version of this Policy constitutes your acceptance of the updated Policy.

 

Information collection

General. When you visit the Site, you can browse without submitting any personal information about yourself. We will, however, receive and store some non-personally identifiable information about your visit, as described below. In order to participate in certain functionalities, you may be asked to provide personally identifiable information. Personally identifiable information is information that can identify you, including, for example your name or email address. It will always be your choice, or the choice of anyone acting for you, to provide personally identifiable information.

 

Account and login information

 

We will collect personally identifiable information from you when you create an account..

If you create an account, you will be asked to provide information about yourself, possibly including, but not limited to, a user name, email address, date of birth, telephone number and password selected by you. If then available on our Site, and you register for your Account using Social Networking Service credentials, we will collect your credentials in order to identify and log into the third party application or website and will retain your credentials to collect information from the Social Networking Service. For example, if you sign in with your Facebook or Twitter account, we may collect information from your public profile.

 

User content and user discussions

 

The Site may allow you to submit comments, photos, videos, or other information (“User Content” or “Submissions”) to interactive portions of the Site, including, but not limited to, the user discussion areas of the Site or your Account Profile page (if applicable). You may sign in and participate in the user discussion areas of the Site using your account. We may save User Content submitted by you indefinitely and in a profile specific to you.

 

Email address collection. In order to receive certain communications from us, you may be required to submit your name and email address to us. Any email you receive from us will include an unsubscribe link that will allow you to opt-out of receiving future emails.

 

Requests or communications submitted by you. The Site provides users the option to submit questions, feedback, or comments by following instructions on the Site. Any communications and contact information that you voluntarily submit to us may be saved indefinitely and in a profile specific to you.

 

Automatically collected information. Similar to other websites, we may collect some information automatically and store it in log files. This collection may include, but is not limited to: your domain name and host for Internet access, the Internet address of the site from which you came, the date and time of your access, your computer’s IP address and information about its operating system, browser, and host, the date and time you access the Site and the pages you visit. We collect this non-identifying information in order to help diagnose problems with our server and to administer the Site. We also use it to gather broad demographic information. If you elect to create an account, this information may be combined with your personal information to service your account or otherwise improve your user experience on the Site. Any such combined information will be treated as personally identifiable information in accordance with this Policy.

We may automatically collect information using the following mechanisms:
Cookies. A cookie is a small text file that is stored on a computer for record-keeping purposes. Our third-party analytics providers use cookies to record information about your activities on the Site and to “remember” you when you return to the Site. Some cookies remain on your computer until you delete them. Others, like session ID cookies, expire when you close your browser. You may set your browser setting to attempt to reject cookies and you may still use the Site, however certain features of the Site may not be available if your browser does not accept cookies. See the section “Do not track settings” below for more information on how the Services may respond to your browser settings. We do not control the use of cookies by third parties. Also see the section on “Third party analytics providers” below.

Pixels (aka web beacons/web bugs/java script). Pixels are tiny graphics with a unique identifier that are used to track the online movements of web users. Unlike cookies, which are stored on a computer’s hard drive, pixels are small graphics that are about the size of the period at the end of the sentence that are embedded invisibly on web pages or in HTML-based emails. Our third-party analytics providers may place pixels on the Site that track what other websites you visit (both before and after visiting the Site). Our third-party analytics providers use information obtained from pixels to help us improve our business and the Site. We do not control the use of pixels by third parties. See the section on “Third party analytics providers” below.

Third party analytics providers. We use third parties to help us operate and improve the Site. We may provide these third parties with information we collect and they may collect information from you about your use of the Site. If we provide information to third parties, it will, unless specifically noted otherwise in this Policy, be governed by this Policy and may only be used by those third parties to help us operate or improve our business or the Site and to provide services to us. We do not control information independently collected by third parties and are not responsible for their use of that information.

 

Information use.

Use of personally identifiable information. We may use your personally identifiable information, such as your email address, to service your account and to send you promotional or informational emails that you expressly choose (or “opt in”) to receive. You may also receive emails or other communications from us in response to inquiries that you submit using the “Contact” link at the bottom of the home page. When you receive a promotional or informational email from us, the email will contain our contact information and an unsubscribe link that will allow you to opt-out of future emails from us. If you opt-out, you will still continue to receive email responses to your inquiries or other service-related emails related to your Account. We may also use personally identifiable information to resolve disputes; to detect and protect against errors, fraud, and criminal activity; to assist law enforcement; to enforce this Policy and the Terms of Use; or for any other purpose described in this Policy or that we describe to you at the time of collection.

Use of non-personally identifiable information. We may use non-personally identifiable information for any lawful purpose, including, but not limited to analyzing trends, administering the Site, tracking users’ movements on the Site, and for management and improvement of the Site. We may also use this information to monitor aggregate metrics such as total number of visitors or pages viewed; or to track submissions in any interactive portion of the Site. We may also combine non-personally identifiable information with non-personally identifiable information collected from other sources.

 

Information retention. We will retain your information indefinitely, or as long as legally required or allowed. We may dispose of any information in our discretion without notice, subject to applicable law. We do not undertake any retention obligations through this statement.

 

Information disclosure

Affiliated entities or service providers. We will not sell or rent any of your personal information to third parties for marketing purposes. However, we may disclose your information to any affiliated entity or organization and to agents and service providers. These third parties may include various business service providers or providers that supply support for the Site or otherwise are working directly with us. Use of information by affiliated entities and organizations will be subject to this Policy or an agreement that is at least as restrictive as this Policy. For information on the use of information by agents and service providers, also see the “Third Party Analytics Providers” section above.

 

User Content/Submissions  If you submit User Content to any interactive portion of the Site, including, but not limited to, your account profile page or user discussion sections of the Site, your User Content will be made publicly available to anyone who visits that area of the Site. Other users or the general public may access, re-post, or use User Content that you make publicly available through the Site. Even if you remove or delete your User Content, copies may remain in cached or archived areas of the Site. If you share User Content with Linked Site, the content you share will be subject to that site’s privacy policy.

 

Legal requirements In some cases, we may disclose your information (1) as required by any applicable law or legal regulation; (2) if we believe disclosure is needed to protect our rights, property, or safety; (3) to government regulators or law enforcement authorities in connection with any judicial proceeding, court order, subpoena, or legal process served on us or the Site; and (4) to respond to a physical threat to you or another person.

 

Insolvency and business transitions  If we should ever file for bankruptcy or engage in a business transition such as a merger with another company, or if we purchase, sell, or reorganize all or part of our business or assets, we may disclose your information, including personal information, to prospective or actual purchasers in connection with one of these transactions.

 

Information security measures. Keeping your information secure is of great concern to us. We exercise care in facilitating the transmission of information between your device or computer and our servers (or the third-party servers that operate and store information for the Site). Personally identifiable information collected by the Site is stored in operating environments with restricted access and are not available to the public. While we have mechanisms in place to safeguard your personal information after we receive it, no transmission of data over the internet can be guaranteed to be 100% secure.

 

DISCLAIMER. WE CANNOT ENSURE THAT ALL OF YOUR INFORMATION WILL NEVER BE DISCLOSED IN WAYS NOT OTHERWISE DESCRIBED IN THIS POLICY. FOR EXAMPLE, A THIRD PARTY MAY UNLAWFULLY INTERCEPT OR ACCESS TRANSMISSIONS OR PRIVATE COMMUNICATIONS, OR OTHER USERS OF THE SITE MAY ABUSE OR MISUSE YOUR PERSONAL INFORMATION. NO TRANSMISSION OF DATA OVER THE INTERNET CAN BE 100% SECURE.

 

 “Do not track” settings
Most browsers can be set to disable existing cookies, to automatically refuse cookies, or to notify you when you receive a cookie so you can choose whether or not to accept it. Please note that doing so may negatively impact your user experience on the Site, as some features such as those requiring “sign in” may not work properly when cookies are disabled. Depending on your mobile device and operating system, you may not be able to delete or block all cookies. You may also set your email options to prevent the automatic downloading of images that may contain technologies that would allow us to know whether you have accessed our email and performed certain functions with it. Although we do our best to honor the privacy preferences of our users, we are unable to respond to “Do not Track” signals from your browser at this time.

 

Children’s privacy.

This Site is not for or directed towards children. Our audience is adults and young adults. We do not intend to and will not knowingly collect any personal information from children under the age of 13; children under the age of 13 are prohibited from using the Site without parent/guardian supervision. If we learn that we have collected information from a child under the age of 13, we will remove that information immediately and delete it from our servers (subject to applicable law and this Policy). If you believe User Content from a child under the age of 13 has been posted to the Site, please notify us by going to the “Contact” link at the bottom of our home page and using the inquiry form located there. We also recommend that children over the age of 13 ask their parents for permission before sending any information about themselves to anyone over the internet.

 

California minors If you are a California resident who is under age 18 and you are unable to remove publicly-available User Content that you have submitted to us, you may request removal by contacting us at: info@bback.us. When requesting removal, you must be specific about the information you want removed and provide us with specific information, such as the URL for each page where the information is located, so that we can find it. We are not required to remove any content or information that: (1) federal or state law requires us or a third party to maintain; (2) was not posted by you; (3) is anonymized so that you cannot be identified; (4) you don’t follow our instructions for removing or requesting removal; or (5) you received compensation or other consideration for providing the Content or information. Removal of your content or information from the site does not ensure complete or comprehensive removal of that content or information from our systems or the systems of our service providers. We are not required to delete the Content or information posted by you; our obligations under California law are satisfied so long as we anonymize the Content or information or render it invisible to other users and the public.

 

California “Shine the Light” law California Civil Code Section 1798.83 permits California residents to request and obtain from us once a year, free of charge, a list of the third parties to whom we have disclosed personal information (as defined under that statute) of that California resident, for direct marketing purposes in the preceding calendar year and the categories of that kind of personal information that was disclosed to them. If you are a California resident and you wish to make such a request, you may do so by contacting us through Contact Us on our home page.

 

Linked Site. The Site contains links to other sites (“Linked Site”). We have no control over, and are not liable or responsible for the privacy practices, terms of use, or content of Linked Site. The Linked Site may collect personally identifiable information from you that is not subject to our control. The data collection practices of Linked Site will be governed by that site’s privacy policy. Please review the privacy policies of any Linked Site you may access.

 

Accessing, updating, or deleting your personal information
If personal information that you have submitted to us changes or if you would like to remove your personal information, please contact us. We will make good faith efforts to resolve requests to remove information or correct inaccurate information except where the request is unreasonable, requires disproportionate technical effort or expense, jeopardizes the privacy of others, or would be impractical.

 

Contact information and privacy questions
If you have questions about this Policy or other matters that relate to it, you may contact us by going to the “Contact Us” link on our home page.

SUBMISSION TERMS:

The objective of BB is to provide reasoned, thoughtful political commentary on matters of concern to our US federal, state and local communities.  To that end, we invite submissions (“Submissions” or “User Content”)) from registered users (members/account holders).  You may make submissions only in compliance with these Submission Terms.   Please note that you are granting BB complete control of what you submit, worldwide, in every media, forever.   You also retain rights in the Submissions should you wish to use them elsewhere, but you cannot restrict our rights nor receive compensation from us or any third party acquiring or viewing your Submissions through us.

 

If you do not want us to have complete control over your Submissions as described below without compensation now or in future, do not make any Submissions.

 

You make the following representations and warranties when you make Submissions to us, on or off Site:

I have submitted certain comments, statements, stories, photographs, graphics, video, audio and/or other recordings or media to BB.  I grant BB a perpetual, irrevocable, worldwide, sub-licensable, royalty-free right and license to publish, reproduce, distribute, publicly perform, publicly display, edit, modify, create derivative works of and otherwise use the Submissions in any manner or media and for any purpose whatsoever at the sole discretion of BB, including without limitation any advertising or commercial use of any kind. I further give my permission to BB to use my name, likeness, voice, and biographical information in connection with such Submission if I have submitted same.   I warrant and represent that I will not submit any Submissions under any third party’s name or account, other than a screen name owned by and registered on BB to me.

 

I irrevocably release BB and every third party acting under BB authorization from any claims that any use of the Submissions as authorized by these Submission Terms violates any of my rights, including any rights of publicity or privacy. I understand and agree that all rights granted by these Submission Terms are fully sub-licensable and assignable throughout the world without any notice or compensation to me of any kind or nature.

 

I warrant and represent that all Submissions are owned by me or licensed to me for submission to the Site, and that no Submissions violate the copyright, trademark, patent, proprietary or other rights of any third party, nor constitute a violation of any other law or regulation, including without limitation, libel or invasion of privacy.

 

I represent and warrant that I am at least 18 years of age (19 in Alabama) and I have all rights necessary to grant the foregoing rights and permissions and that no infringement or violation of any third party rights, including copyright, right of publicity, or right of privacy, will result from the use of the Submissions. I agree to defend, indemnify and hold BB, its managers, employees, agents, owners, licensee, assignees and any other third parties associated with them, harmless from and against any liabilities, losses, claims, demands, costs and expenses (including reasonable attorneys’ fees) arising out of or in connection with the use of the Submissions or of my name, likeness, voice, or persona, or from the breach or alleged breach of any of the foregoing representations or warranties.

 

I understand that I will not be entitled to any monetary compensation for the rights and release granted in these Submission Terms or for any use of the Submissions or my name or likeness, voice or biographical information.  BB has no obligation to use in any manner or continue to use in any manner any Submission or my name or likeness, voice or biographical information. I further understand and agree that BB will act in reliance on this agreement and that therefore my agreement to these Submission Terms is completely irrevocable.

 

Effective:  May 25, 2020