ABOUT BORROW FOR YOUR BUMP
Borrow For Your Bump Co., an online service that provides rental clothing and maternity to new and expecting moms.
Welcome to the borrowforyourbump.com web site (referred to as the “Site”), a service of Borrow For Your Bump Co., a Delaware corporation (“BFYB”, “we”, or “us”). We maintain this Site as a service to our customers. These Terms & Conditions of Use establish the terms and conditions under which you, the user of the Site (“you”), will submit information to us and purchase or rent clothing and accessories (each a “Product” and collectively “Products”) and receive related services from BFYB via the Site. Before you purchase or rent any Products or otherwise use the Site, you must carefully review these Terms & Conditions of Use.
THESE TERMS & CONDITIONS OF USE ARE A LEGALLY BINDING AGREEMENT BETWEEN YOU AND BFYB YOUR CLICKING ON THE BUTTON MARKED “I ACCEPT” AND YOUR ONGOING USE OF THE SITE indicates your acknowledgment that you have read, understand, agree to, and accept THESE TERMS & CONDITIONS OF USE. It is your responsibility to carefully read this Agreement before using this site OR PURCHASING OR RENTING ANY PRODUCTS. If you do not AGREED TO THESE TERMS & CONDITIONS OF USE, you ARE NOT AUTHORIZED TO use this site.
We reserve the right, at our discretion, to update or revise the Terms & Conditions of Use. Please check the Terms & Conditions of Use periodically for changes. Your continued use of the Site following the posting of any changes to the Terms & Conditions of Use constitutes acceptance of those changes.
B. Eligibility & Authority
You must be 19 years or older to use the Site. You represent and warrant that you are 19 years or older and that you have the capacity to understand, agree to, and comply with these Terms & Conditions of Use.
You agree to provide true, accurate, current and complete information about yourself, as prompted during the registration or check-out process, and to maintain and promptly update your information to keep it true, accurate, current and complete. As part of the registration or check-out process, you may be asked to select a password, and you are responsible for maintaining the confidentiality and security of your password. You shall be responsible for all uses of the Site under your login and password (your “account”), whether or not authorized by you. You agree to immediately notify us of any unauthorized use of your account. You may also browse the site as a visitor. In order to sign up for the Borrow For Your Bump service, you must register an account and become a customer.
You represent and warrant to us that you have full legal authority to complete this registration, purchase, or rental (as applicable) on the Site, including full authority to make use of the credit or debit card to which the purchase price, rental charges, Borrow For Your Bump purchases and fees, or other fees will be charged. If you are registering or making purchase or rental on behalf of a third party, you further represent and warrant that you have been duly authorized to act as agent on behalf of such party. By proceeding with this transaction, you agree that these Terms & Conditions of Use shall apply equally to you and to any third party for whom you are acting as agent.
RENTAL AGREEMENT FOR ONE-TIME RENTALS
A. Rental Terms. In consideration of the rental price to be paid by you and the covenants and agreements set forth in these Terms & Conditions of Use, we agree to rent to you certain Product(s), as selected by you on the Site (the “Rental Products”) for an initial period of seven (7), fourteen (14), twenty-one (21) or twenty-eight (28) calendar days commencing on the date of delivery (the “Initial Rental Period”) plus any additional extension (as defined under Section 2.g below), in accordance with the terms and conditions of this Agreement. You agree and acknowledge that you are renting the Rental Products for a limited period of time and that ownership of the Products at all times remains with BFYB, subject to your potential purchase of the Products in accordance with Section 2.g below.
B. Rental Fees. Credit Card Authorizations; Cancellations. The total rental fee (“Rental Fee”) for the Rental Products is equal to the sum of all applicable Borrowing Fees (defined under Section 2.g below), damage protection charges, and delivery charges, as listed on the Site in connection with your order of the Rental Products. By submitted to us an order for a Rental Product (a “Rental Order”) and providing credit or debit card account information during the registration or check-out process, you hereby represent and warrant that you are the authorized owner of the credit/debit card account and you hereby authorize us to charge your credit card or debit card in payment of the Rental Fee and all other charges due to us hereunder, and, if necessary to initiate adjustments for any transactions credited or debited in error. This authority shall remain in effect until we are notified by you in writing to cancel such authorization in such time and manner as to afford us a reasonable opportunity to act upon it. If any charge authorized hereunder is rejected by your credit card company or bank for any reason (including without limitation insufficient funds or closed account), you agree to pay us the amount of the declined charge.
We will charge your credit card the amount of the initial Rental Borrowing Fee, damage protection charges, rental charges beyond the standard seven (7) day rental period, and delivery charges immediately upon your Rental Order. A reservation of a Product on our Site constitutes a Rental Order (and your credit card will accordingly be charged immediately), regardless of how far in advance that Product is reserved. In addition, at the time of your Rental Order, you hereby authorize BFYB to charge your credit card for up to 200% of the entire original retail value of that Product set forth on the Site, plus sales taxes (the “Retail Value”); provided that you will only incur such charges in the circumstances set forth in Section 2.g. below. Rental Fees exclude all federal, state and local taxes, GST, fees, customs, duties, levies and other governmental assessments, all of which shall be paid by you directly or, if paid by BFYB, shall be paid by you to BFYB at the time of your Rental Order. You may cancel your Rental Order up to at least seven (7) calendar days prior to the scheduled delivery date for full credit to be applied to a future BFYB order.
C. Delivery. We will deliver the Rental Products, including the specified size, color and design, on or before the scheduled delivery date set forth on the Site at the time of your order (which will depend upon the shipping terms which you have selected), except to the extent we informed you in connection with your Rental Order that the specific Rental Product may not be available on the requested date or we otherwise could not guarantee delivery. All deliveries will be through our shipping partners, which may change from time to time at our discretion. The shipping method used will be at our discretion. The Rental Products will be professionally cleaned and delivered ready to wear. We dry/wet clean and inspect each product with the utmost care, but use of the Rental Product is at your own risk and BFYB shall not be held liable for any health-related complaints associated with any Rental Product. Rental Products may appear different in color and style than the photos displayed on our Site. Our liability to you for any alleged failure to deliver the Rental Product as ordered is limited to a refund of the Rental Fee (excluding damage protection and delivery charges) as determined by us. See Section 9 below.
D. Sizing Returns. If a delivered Rental Product does not fit you, you may return the Rental Product to us within one day (excluding Sundays and holidays) of the date you received the Rental Product by contacting us via email or phone and returning the Product in conformance with the return procedures in Section 2.g below (a “Sizing Return”). We will then issue you aN exchange for equal value or credit for the full Rental Fee paid by you (less delivery charges) for a future order by you of our Products, so long as the Rental Product, as determined by us in our sole discretion, has not been worn and is otherwise in same condition as delivered to you.
E. Late Fee. If you return the Products late or not at all, a late fee of fifty dollars ($50.00) will be charged to the payment card you used to pay the Rental Fee or to any other payment card included in your account information that you have provided to BFYB for every day that you are late returning the Products, and you agree to pay such late fees, up to an amount not to exceed 200% of the Retail Value plus applicable sales tax (plus the Rental Fee). The late fee is payable for each order of Products that is not returned when due, not for each Product that is the subject of the order that is late. If you have not returned a Product within twenty (20) days after the return date for the Product, your late return will be considered a non-return and BFYB will charge your payment card the maximum late fee set forth in this Section 2(B), less any late fees that you have already paid, plus applicable sales tax.
F. Collections. If you do not pay amounts owed to BFYB, the BFYB as the authority to institute collections procedures. You agree to pay BFYB’s costs of collection, including without limitation reasonable attorneys’ fees.
G. Risk of Loss. Upon delivery and at all times thereafter until you return the Rental Products to us in accordance with this Section 2 (the “Rental Period”), you bear sole responsibility for any loss or damage to the Rental Product(s). You acknowledge that a Secure Shipping Address (defined herein) is highly recommended. A Secure Shipping Address is defined as a location where you can physically take possession of a Product(s) at the moment of delivery. In the event that an unsecure shipping address is provided, BFYB is in no way responsible for Products left unattended. Furthermore, you acknowledge that providing anything other than a Secure Shipping Address may result in delivery delays and additional delivery fees for which BFYB has no control and no liability.
H. Use of the Products. You agree to treat the Products with great care, as if it was borrowed from your close friend. Except to the extent you have opted to pay damage protection charge to cover Minor Damage (defined below), you are responsible for all loss, destruction or damage to the Rental Products during the Rental Period, including without limitation loss due to theft or mysterious disappearance and damage due to fire, stains, rips, or any other cause. If you elect to pay a damage protection charge at the time of your Rental Order, then you are not responsible for minor stains, rips, missing beads, stuck zippers or other damage determined to be minor by BFYB in our reasonable discretion (“Minor Damage”). The damage protection charge does not cover loss, destruction, or damage to the Rental Product which renders the Product unwearable without significant repair (“Significant Damage”). If you return a Product that (i) has Minor Damage and you did not pay the damage protection fee at the time of your Rental Order or (ii) has Significant Damage, then you agree that we may charge you, and you agree to pay, for the price for repairing or replacing the Rental Product, as determined in our discretion, up to the Retail Value for the Product.
I. Return of Products; Rental Period; Extensions; Purchase. With delivery of the Rental Product, we will provide you with a pre-paid, pre-addressed envelope as well as instructions for your use in returning the Rental Product to BFYB (“Return Packaging”). As described in more detail below, for each rental period in which you maintain possession of the Rental Product, you agree to pay the monthly borrowing fee listed on the Site (the “Monthly Borrowing Fee”).
If you wish to avoid additional charges beyond the initial Monthly Borrowing Fee paid at time of order for the Initial Rental Period, you must return the Rental Product(s) to BFYB in the Return Packaging no later than the last day of the Initial Rental Period (the initial “Due Date”). If you do not return the Rental Product by the initial Due Date or any extended Due Date thereafter, your Rental Period will automatically extend for an additional 30 day period (a “30 Day Extension”) and your credit card will be automatically charged another Monthly Borrowing Fee for each 30 Day Extension, up to 200% of the Retail Value or until the Rental Product(s).
Return of the Product will be accomplished by you placing the Rental Product in the Return Packaging in any appropriate U.S. Postal Service or respective mail carrier mailbox by 12 p.m. on or before the applicable Due Date. If you lose the Return Packaging and you wish to return the Rental Product and avoid further Monthly Borrowing Fees, you can contact BFYB by email or phone and a new label will be emailed to you.
We will not charge you more than 200% of the Retail Value, in the aggregate, in Monthly Borrowing Fees for a Rental Product. If you pay us 200% of the Retail Value in Monthly Borrowing Fees and you still possess the Rental Product, you will be deemed to purchase the Rental Product and you will be charged a purchase fee equal to five percent (5%) of the Retail Value and, upon such event and payment, we will transfer all right, title and interest in and to such Rental Product to you through no further action, provided such title will transfer on an ‘AS IS’ basis without any warranty of any kind. For the avoidance of doubt, the limitations of this clause shall not apply to any amounts which may be owed by you in addition to the Monthly Borrowing Fee (including shipping, damage protection charges and taxes).
BFYB BOX SERVICE POLICY
A. Account. We will ask you to fill out a style profile so we know your size and style preferences. You are solely responsible for any and all use of your style profile and account information and all activities (including orders) that occur in connection with your account. We reserve the right to take away any and all action we deem necessary to ensure the security of the Site and your account, including limiting or terminating your account, changing your password, or requesting additional information to authorize transactions on your account. You agree to be responsible for any act or omission of any users that access the Site or services under your account that would be deemed in violation of the Terms and Conditions. You may not use anyone else’s account at any time without the permission of the account holder. Please contact the BFYB team if you become aware that that your account information is being used without authorization. You agree not to register more than one account, register an account of another individual other than yourself without such individual’s organization, or register for an account on behalf of a group or entity.
B. Box Service Fees. When you choose to receive a Box, we will send you Product chosen by BFYB. If you subscribe to the BFYB Box, BFYB will charge you a recurring automatic monthly subscription fee. The current BFYB Box subscription fee is set out here, but is subject to change at our discretion and any such change will be effective for any subsequent renewal subscription period. You hereby authorize BFYB and our third party payment processor to charge your payment card for the applicable BFYB Box subscription fee. BFYB Box subscription fees are non-refundable except as expressly set forth below. Taxes may apply on subscription fees.
C. Subscription Cancellation and Renewal. You may cancel BFYB Box at any time. You cancellation will be effective at the end of the current monthly subscription period. You BFYB Box subscription will continue to remain active until the end of the period or month and you will not receive a refund. Your BFYB Box subscription renews automatically each month until you cancel. You may find out more information about your monthly subscription in addition to cancel or renew the BFYB Box at any time by emailing email@example.com.
D. Delivery. All deliveries will be through BFYB shipping carriers and may change from time to time at our discretion. We will provide you with information about estimated delivery and arrival times through your account page and email updates. The products includes in each box will be professionally cleaned and inspected but use of the Products is at your own risk and BFYB shall not be held liable for any health-related complaints associated with any Product.
E. Returns. With each shipment of the Products we send, we will include one return label which you can use to return some or all of the BFYB Box products you currently have. If you have four (4) products, you must return at least one (1) Product to us in order to be eligible to receive another. When we receive any return Products from you, the next shipment we send will contain the same number of Products that you returned. We will use our best efforts to send you new Products promptly upon processing your return, but you acknowledge that as a result of processing and delivering, there will be a delay between your return of a Product and delivery of a new Product.
D. Damage, Failure to Return Products. Unless you cancel your BFYB Box subscription, it will automatically renew on a monthly, recurring pre-pay basis. You authorize us to collect the applicable subscription fee and any taxes, using the card on file for you, in connection with your auto-renewal. You may cancel you BFYB Box subscription or find out more information, including your monthly renewal date by emailing firstname.lastname@example.org. As soon as you cancel, you will not be able to receive any additional Products through the Box subscription. You may continue to keep Products you have already received through the Box subscription, but you must return to BFYB all products on or before the last day of the subscription period during which you cancel. If we don’t receive your items on time, you will be charged up to 90% of the retail price. You will not be entitled to any refund of subscription fees.
E. Changes to Box Subscription. We reserve the right to modify the Box subscription including the subscription fee or terminate your box service at our sole discretion. If we terminate your service, we will provide you with a prorated refund for the remainder of your subscription or continued access to the remainder of your rental term.
RULES FOR USE
You agree to abide by all applicable local, state, national, and international laws and regulations and are solely responsible for all acts or omissions that occur under your account. You may not use the Site for any illegal or unauthorized purpose. You agree that you will not harvest or collect information about the users or members of the Site or use such information for the purpose of transmitting or facilitating transmission of unsolicited bulk electronic e-mail or communications. You agree that you will not upload, post, display, or otherwise distribute (collectively, “post”) to the Site any content, including text, files, images, photos, audio clips, video clips, musical works, works of authorship, links, or other materials (collectively, “Content”) that:
is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, contains explicit or graphic descriptions or accounts of sexual acts (including, but not limited to, sexual language of a violent or threatening nature directed at another individual or group of individuals), or otherwise violates our rules or policies;
victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party;
constitutes unauthorized or unsolicited advertising, or otherwise involves the transmission of junk or bulk e-mail (also known as “spamming”), chain letters, surveys, contests, pyramid schemes, mass distribution lists, or any other form of unauthorized solicitation, or any form of lottery or gambling;
contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party; or
impersonates any person or entity, including any employee or representative of BFYB
BFYB is not obligated to pre-screen, monitor or edit the Content posted by its users. We assume no responsibility for such Content, no obligation to modify or remove inappropriate Content, and no responsibility for the conduct of the user submitting any such Content. However, we reserve the right to delete any Content that in our sole judgment violates this Agreement or which may be offensive, illegal, or violate the rights or threatens the safety of any person.
A. By posting any Content to the Site, you hereby grant to BFYB a non-exclusive, fully-paid and royalty-free, worldwide license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content solely in connection with the Site. This license will terminate upon your removal of such Content from the Site.
B. You represent and warrant that (i) you own the rights to all Content posted by you, or are authorized to grant the license set forth in section 3(a) hereof, and (ii) the posting of your Content on the Site does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Content posted by you to the Site.
C. BFYB owns and retains all rights in the Site and all Content of BFYB contained on the Site (the “BFYB Content”). You acknowledge and agree that the Site and the BFYB Content, including without limitation all text, software, photographs, graphics, page layout, and design presented through and as part of the Site, are protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws. We hereby grant you a limited, revocable, non-transferable, non-exclusive license to use the Site in real time and to reproduce and display the BFYB Content (excluding any software code) solely for your personal use in connection with viewing and using the Site, in a manner consistent with these Terms & Conditions of Use. Except as expressly authorized by B.F.Y.B, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from the BFYB Content. Use of the BFYB Content for any purpose not expressly permitted in these Terms & Conditions of Use is prohibited.
The entire content (including text and “look and feel” attributes) of the Site is ©2011 Borrow For Your Bump Co. All rights reserved.
D. The Site contains Content of other users and BFYB licensors. Except for Content posted by you, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display or sell any Content appearing on or through the Site.
We may provide, or third parties may provide, links from our Site to other World Wide Web sites (“Third Party Sites”). These Third Party Sites are not under the control of B.F.Y.B, and you acknowledge that BFYB is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content, advertising, products, software, or other material of such Third Party Sites. The inclusion of such a link does not imply endorsement of any Third Party Site by BFYB or any association with the operators of the Third Party Site.
BFYB reserves the right, in its sole discretion, to terminate your access to all or any part of the Site at any time, or to discontinue temporarily or permanently the Site, with or without notice. You acknowledge and agree that termination of access to the Site may be effected without notice, and acknowledge and agree that we may immediately deactivate your account and delete your Content.
You agree to defend, indemnify and hold harmless BFYB from and against all claims, liabilities, losses, and expenses (including reasonable attorneys’ fees) due to or arising out of your use or misuse of the Site, your violation of these Terms & Conditions of Use, any Content you submit, post, transmit, or otherwise make available through the Site, any infringement committed by you (or any other user of your account) of any other intellectual property or other right of any person or entity. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defense.
DISCLAIMERS OF WARRANTY
EXCEPT FOR ANY LIMITED WARRANTY EXPRESSLY PROVIDED UNDER THESE TERMS & CONDITIONS OF USE, ALL SOFTWARE, MATERIALS, INFORMATION, AND SERVICES AVAILABLE ON OR THROUGH THE SITE (THE “CONTENT”) AND ALL PRODUCTS RENTED OR PURCHASED HEREUNDER, ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE. THE PRODUCTS AND CONTENT ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. NO ORAL OR WRITTEN INFORMATION, ADVICE, OR ASSISTANCE PROVIDED BY BFYB OR ITS EMPLOYEES, REPRESENTATIVES, OR OTHER AGENTS SHALL BE DEEMED TO CREATE A WARRANTY. BFYB DOES NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SITE WILL BE UNINTERRUPTED, ERROR FREE, OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THE SITE IS SOLELY AT YOUR RISK.
BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL BFYB BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT OR OTHERWISE, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF BFYB HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM: (A) YOUR USE OF OR INABILITY TO USE THE SITE, (B) YOUR RENTAL OR PURCHASE OF ANY PRODUCT THROUGH THE SITE, OR (C) ANY OTHER MATTER RELATED TO THE SITE. UNDER NO CIRCUMSTANCES WILL B.F.Y.B’S AGGREGATE LIABILITY, ON ANY FORM OF ACTION WHATSOEVER IN CONNECTION WITH YOUR USE OF THE SITE, EXCEED THE TOTAL AMOUNT OF MONIES RECEIVED BY BFYB FROM YOU IN CONNECTION WITH SUCH ACTION.
YOUR SOLE AND EXCLUSIVE REMEDY AND OUR SOLE AND EXCLUSIVE LIABILITY FOR ANY ALLEGED BREACH OF OUR OBLIGATION TO DELIVER RENTAL PRODUCTS OR PRODUCTS PURCHASED HEREUNDER SHALL BE, AT OUR OPTION, (A) OUR COMMERCIALLY REASONABLE EFFORTS TO REPLACE THE NON-CONFORMING PRODUCT(S) IN A TIMELY MANNER OR (B) A REFUND OF YOUR RENTAL FEE OR PURCHASE PRICE (AS APPLICABLE), EXCLUDING DAMAGE PROTECTION AND DELIVERY CHARGES.
BECAUSE CERTAIN JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, B.F.Y.B’S LIABILITY IN SUCH JURISDICTION SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
AFFILIATES AND AGENTS OF BFYB
The provisions of the above Sections regarding Indemnification, Disclaimer of Warranties, and Limitation of Liability are for the benefit of BFYB and its affiliates, directors, officers, shareholders, employees, representatives, consultants, agents, licensors, suppliers, and information providers. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.
You agree to grant to BFYB a non-exclusive, worldwide, royalty-free, perpetual license, with the right to sublicense, reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information (including, without limitation, ideas contained therein for new or improved products or services) you submit to public areas of BFYB (such as message boards, forums and chat rooms) by all means and in any media now known or hereafter developed. You hereby waive your moral rights in any such materials and information, and you hereby warrant that any such materials and information are original with you, or that you have the right to submit such materials and information. You agree that you shall have no recourse against BFYB for any alleged or actual infringement or misappropriation of any proprietary right in your communication to us.
BFYB makes no representation that materials on the Site are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access the Site from other locations do so on their own initiative and are responsible for compliance with local laws, including all applicable laws regarding the transmission or exportation of data.
You and BFYB desire to facilitate certain transactions pursuant to this Agreement by exchanging documents, records and signatures electronically or by utilizing electronic agents. The use of electronic facilities or agents shall be in accordance with procedures established by BFYB and governed by the applicable provisions of the Uniform Electronic Transactions Act as adopted in the State of Nebraska.
CHOICE OF LAW AND FORUM
These Terms & Conditions of Use shall be governed by and construed in accordance with the laws of the State of Nebraska, excluding its conflicts of law rules. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms & Conditions of Use or your use of the Site shall be filed only in the state or federal courts located in Douglas County, Nebraska, and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.
SEVERABILITY AND INTEGRATION
Unless otherwise specified herein, this Agreement constitutes the entire agreement between you and BFYB with respect to your use of the Site and supersedes all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and BFYB with respect to your use of the Site. If any part of these Terms & Conditions of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. The failure of either party to enforce strict performance by the other party of any provision of the Terms & Conditions of Use or to exercise any right under the Terms & Conditions of Use will not be construed as a waiver of any right to assert or rely upon any such provision or right. BFYB may assign its rights and obligations under these Terms & Conditions of Use without your consent. We may provide you with notices, including those regarding changes to these Terms & Conditions of Use, by email, regular mail or postings on the Site.