Boodigo


Boodigo Terms of Service

Boodigo Terms of Service ("Agreement")

This Agreement was last modified on January 03, 2014.
Please read these Terms of Service ("Agreement", "Terms of Service") carefully before using http://www.boodigo.com ("the Site") operated by Boodigo ("us", "we", or "our"). This Agreement sets forth the legally binding terms and conditions for your use of the Site at http://www.boodigo.com. By accessing or using the Site in any manner, including, but not limited to, visiting or browsing the Site or contributing content or other materials to the Site, you agree to be bound by these Terms of Service. Capitalized terms are defined in this Agreement.
Your agreement with us incorporates these Terms of Use, our Privacy Policy and any other legally binding agreement made by reference within these Terms ("Agreement").

Changes to the Agreement.

Occasionally, we may make changes to the Agreement. Changes are not effective unless we both manifest assent to the new terms, as amended. You may retain the right to rely upon the last version to which you agreed for all pre-change use by you. To determine if something has changed since your last visit, please see the "Last Modified Date" at the top of these Terms and in our Privacy Policy. We will notify you of any changes to the Agreement by posting such changes directly to the Site. Your continued use of the Site following changes made to our Terms or the Agreement constitutes your acceptance of the new terms, as amended. You may not use this Site unless you irrevocably agree to the then applicable Agreement. You agree that the consideration for your agreeing to be bound by this Agreement, as amended from time to time, is in form of you being permitting to access the Site. You also agree that such consideration is adequate, and that it is received upon your viewing, accessing or using any portion of the Site.
You MUST be 18 years or older to use this site

Intellectual Property

The Site and its original content, features and functionality are owned by Boodigo and are protected by international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

Termination

We may terminate your access to the Site, without cause or notice. All provisions of this Agreement that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

Links To Other Sites

Our Site may contain, in response to your search request(s) provide, links to third-party sites that are not owned or controlled by Boodigo. Boodigo has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party sites or services. We strongly advise you to read the terms and conditions and privacy policy of any third-party site that you visit.

Limited License

In exchange for your agreeing to be bound by this Agreement, as amended from time to time, Boodigo grants you a non-exclusive, non-transferable, limited license to use the Site solely for private non-commercial purposes.

Limitation Of Liability

In no event shall Boodigo, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for damages, direct or consequential, resulting from your use of the Site, and you agree to defend, indemnify and hold us harmless from any claims, losses, liability costs and expenses, including but not limited to attorney's fees, arising from your violation of any third-party's rights.

Warranty Disclaimer

Your use of the Site is at your sole risk. The Site is provided on an "as is" and "as available" basis. The Site is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance. Boodigo, its subsidiaries, affiliates, and its licensors do not warrant that a) the Site will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Site is free of viruses or other harmful components; or d) the results of using the Site will meet your requirements.
If your jurisdiction does not permit such limitations, than you agree that our disclaimers shall only be limited to the extent necessary to comply with the applicable limitations while preserving the maximum protection for us.

Governing Law

This Agreement (and any and all rules, polices, or guidelines incorporated by reference) shall be governed and construed in accordance with the laws of New Hampshire, United States, without giving effect to any principles of conflicts of law.

Arbitration

You and Boodigo agree to settle by final and binding arbitration any and all claims arising out of this Agreement, your use of the Site and our services (“Arbitrable Claims”). The arbitration shall be conducted in accordance with the AAA Arbitration Rules and Procedures in effect at the time the claim is made; shall take place exclusively in Hollis, New Hampshire; shall be before a single arbitrator; shall be in an individual capacity only and shall not be on behalf of a class or in any other representative capacity; that a judgment upon any award rendered by the arbitrator may be entered in any court having jurisdiction; and that if this Arbitration provision is held to be void or unenforceable with respect to a particular provision or claim, that fact shall not affect the validity or enforceability with respect to any other provision or any other claim. The Arbitrator shall apply the substantive law (and the law of remedies, if applicable) of the state of New Hampshire or federal law, or both, as applicable to the claim(s) asserted. You acknowledge that this Arbitration provision constitutes the complete agreement of the parties on the subject matter contained herein, and supersedes any prior oral or written agreement or understanding on the subject matter contained herein. This Arbitration provision shall continue in effect after the termination of this Agreement. YOU UNDERSTAND AND ACKNOWLEDGE THAT BY USING THE SITE, YOU AGREE TO BE BOUND BY THIS ARBITRATION PROVISION AND I ARE GIVING UP THE RIGHT TO A JURY TRIAL AND TO A TRIAL IN A COURT OF LAW.

Changes To This Agreement

We reserve the right, at our sole discretion, to modify or replace these Terms of Service by posting the updated terms on the Site. Your continued use of the Site after any such changes constitutes your acceptance of the new Terms of Service.

Please review this Agreement periodically for changes. If you do not agree to any of this Agreement or any changes to this Agreement, do not use, access or continue to access the Site and discontinue any use of the Site immediately.

Contact Us

If you have any questions about this Agreement, please contact us.

Email us at info _at_ boodigo dot com
Boodigo, LLC P.O. Box 1138, W.Concord, MA 01742