Effective July 31, 2011
Bluewater Business Solutions, LLC. (“BBS,” “we,” or “us”)
164 Market St. #123
Charleston, SC 29401
The Website provides a venue for users to access information and services. There are different types of users of the Website. General users (“User” or “Users”) only have the capability to navigate through the website and research the types of services offered through the Website. Subscription users (“Subscriber” or “Subscribers”) are users that pay fees to use our products and services (“Services”) in different capacities, including, but not limited to, utilization of mortgage pre-foreclosure and foreclosure information.
2. License and Copyright
The content of the Website, including without limitation, its editorial content, data, information, notices and other material (collectively, the “Content”), are protected under both United States and foreign copyright, trademark and other laws. The Content belongs or is licensed to BBS. We hereby grant you the right to view and use the Website subject to these Terms. You may download or print a copy of Content for internal use only. Permission to reprint or electronically reproduce any Content in whole or in part for any other purpose is expressly prohibited, unless prior written consent is obtained from us.
BBS allows Subscribers through the Website to subscribe to Services, which include, but are not limited to, pre-foreclosure lists and other real estate data, billed on a monthly basis.
Subscriber affirms that all of the information Subscriber provides to BBS, whether through the Website or otherwise, is accurate and complete. Subscriber also agrees to update BBS with current and accurate information, if at any time the information Subscriber provides to BBS changes.
BBS may from time to time offer eligible Subscribers promotional opportunities, such as alternative Subscription products, training courses and publications. Not all Subscribers may be eligible to receive all promotional opportunities.
4. Information Posted on and Provided by the Website
Information and Content posted on and provided by the Website is provided “AS IS” and may contain technical or other inaccuracies or typographical errors. Information may be changed or updated without notice. BBS may also make improvement and/or changes to the Services described on or offered via the Website at any time without notice.
5. Limitations on Use
a. Upon registration as a Subscriber, you are granted a limited, nonexclusive, nonassignable and nontransferable license to use the mortgage foreclosure/pre-foreclosure information, any other real estate data information and/or other related services subscribed for by you and proved by BBS. You may use the information proved solely for your personal use or the use of your single company or entity. The Services and the Content may not be shared with or used by any of Subscriber’s agents, representatives, consultants, officers, directors, shareholders or affiliates, or any third party, including through joint marketing arrangements. No other copying, reproduction, redistribution, sale or publication of information is permitted under this license.
b. The Subscriber shall acquire no proprietary rights in or to the service provided or in any data contained within the information, which rights remain BBS’s. The Subscriber acknowledges the information is proprietary information of BBS, under copyright, and has been furnished to the Subscriber in trust. The Subscriber acknowledges the information is a valuable commercial product, the development of which has involved the expenditure of substantial time and money. The Subscriber will issue appropriate instructions to all of its employees having access to the information concerning the restrictions contained herein, and shall initiate reasonable security measures to prevent the accidental or otherwise unauthorized use or release of the information, with particular respect to consumer information that is or may be considered “sensitive” such as financial or personally identifiable information, including, but not limited to, owner name, mortgage values, sales amounts, estimated property values, real estate loan information, default and foreclosure information, as related to a named individual owner.
c. BBS reserves the right to include test data in the information provided to you. BBS shall have the unilateral right to terminate your use of the Website and/or your status as a Subscriber at any time for any reason or no reason, including, but not limited to, BBS’s convenience, or you break of this Terms, after which you shall immediately no longer be entitled to any of the benefits of a Subscriber.
d. Unless expressly authorized in these Terms, Subscriber shall not: (i) disclose, use, distribute, publish, disseminate, reproduce, reformat or modify the Services or the Content or any portion thereof in any manner, (ii) transfer, sell, convey, resell, or sublicense the Services or the Content or any portion thereof in any manner, (iii) permit any parent, subsidiaries, affiliated entities or other third parties to use the Services or the Content or any portion thereof, (iv) process any portion of the Services or the Content, or permit any portion of the Services or the Content to be processed with other data, information, editorial content, software (including HTML or XML-based computer programs) or other material from any other source, (v) allow access to the Services or the Content through any terminals located outside of Subscriber’s operations, (vi) use the Services or the Content to create, enhance or structure any database in any form for resale or distribution, or (vii) use the Services or the Content to create derivative work or derivative products of any kind.
e. Subscriber shall abide by all applicable federal, state and local laws and regulations of any kind governing fair information practices and consumers’ rights to privacy, including without limitation any applicable non-solicitation laws and regulations. The Subscriber acknowledges that certain states and federal regulatory bodies have enacted laws that place restriction on marketing activities, including, but not limited to, use of public record information in connection with mortgage lending or other financial services mail marketing, or permitting a telephone customer to give public notice that such customer does not with to receive sales solicitation telephone calls. BBS disclaims any warranty, expressed or implied, that the information is free from any consumer information that may give rise to a privacy claim.
f. Subscriber shall not use the Services or the Content: (i) as a factor in establishing an individual’s eligibility for credit or insurance; (ii) in evaluating an individual for employment purposes; (iii) in connection with a determination of an individual’s eligibility for a license or other benefit granted by a governmental authority; (iv) in a way that would cause the Services or the Content to constitute a “consumer report” under the Fair Credit Reporting Act, 15 U.S.C. § 1681 et seq.; or (v) in any other manner that would cause such use of the Services and/or the Content to be construed as a consumer report by any authority having jurisdiction over any of the parties.
g. Subscriber shall not use the Services or the Content in any way that: (i) infringes any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy, (ii) violates any law, statute, ordinance or regulation (including without limitation the laws and regulations governing unfair competition, anti-discrimination or false advertising), or (iii) is defamatory, trade libelous, unlawfully threatening or unlawfully harassing.
h. Subscriber shall not remove, alter or obscure any proprietary notices contained in the Services or the Content or other materials provided by BBS hereunder, and shall reproduce all such notices on all copies or portions thereof.
a. Payment Term and Changes
In exchange for BBS’s Content and /or other information which you will be provided to you via electronic mail, BBS will charge you a non-refundable subscription fee according to the rate schedule agreed upon between you and BBS at the time your subscription commenced. The fee to register as a Subscriber on the Website is assessed on a monthly basis. The subscription fee is calculated from the day upon which Subscriber’s paid subscription commences. Subscriber agrees that if Subscriber applies for a seven (7) day free trial subscription (“Trial Subscription “) and does not cancel such Trial Subscription, Subscriber authorizes BBS to convert the Subscriber’s Trial Subscription into a regular paid subscription for the term selected, effective seven (7) days, or one hundred sixty-eight (168) hours following Subscriber’s initiation of the Trial Subscription. Subscriber hereby authorizes BBS to charge Subscriber’s credit card, debit card or bank account, in advance, for the amount of Subscriber’s regular subscription fee for each agreed term of the Subscriber’s selected subscription term. The subscription fee, when paid, is non-refundable and accrues on the first day of each term or successive renewal term until canceled, regardless of whether or not the Subscriber actually uses the Website, the Services or the Content. Notwithstanding the language in this paragraph, if a subscription resulted from a special introductory promotional offer, then the terms of that specific promotional offer shall control.
Subscriber may use the Trial Subscription for one time only.
From time to time at its sole discretion, BBS may offer different subscription terms on its Website, and the subscription fees for such subscriptions may vary.
Others services on the Website, whether offered by BBS, Third Party Websites or others, may require additional fees or charges.
b. On Time Payment
Subscriber is required to pay all charges on time, and agrees to submit an accompanying payment authorization in connection with these charges when requested by BBS. Credit card transactions require an acceptable and currently working/continuously valid credit card number/account. BBS may terminate or disable Subscriber’s subscription if Subscriber fails to pay fully and in a timely manner all amounts due to BBS. If Subscriber’s credit card expires or is otherwise declined for payment, access to the Services, Content and Website may be modified, suspended or cancelled, in BBS’s sole discretion and without notice to Subscriber. If any Subscriber payment is more than thirty (30) calendar days past due, interest pro-rated daily, at the rate of 15 percent per annum on such past due amounts, or the maximum allowable by law, whichever is less, shall accrue, and the entire amount of unpaid charges, plus this assessment, will become immediately due and payable. Subscriber shall pay all costs incurred by BBS with respect to collection of any past due amount, including legal fees. All fees are quoted and payable in United States Dollars. Subscriber is also responsible for paying all applicable taxes for Services and/or Content, and any other costs incurred in connection with the use of or access to the Website.
c. Payment Methods
Subscribers complete subscription online payment through a third party provider (“Payment Processor”). The Payment Processor may require specific information to include, but not limited to, name, email address, billing address, telephone number and credit card in order to process payments. The Payment Processor accepts most major credit cards and may accept bank drafts. The Subscriber shall be subject to the terms of a separate agreement between the Subscriber and the Payment Processor, and BBS has no liability to the Subscriber in relation to the service provided by the Payment Processor.
BBS accepts direct payment through personal checks, money orders, cashiers checks and company checks sent by mail. However, for non-credit card or non-electronic payment methods, BBS does not offer a Trial Subscription and may not credit the applicable account until additional procedures are completed and after BBS’s bank certifies receipt of funds — typically ten (10) business days after receipt of a check. BBS may charge a thirty dollar ($30.00) handling fee, or the maximum allowable by law, whichever is less, for each check returned unpaid for insufficient funds or any other reason.
d. Account Discrepancies
Subscriber may contact BBS by e-mail at email@example.com, telephone at (843) 277-1619, fax at (843) 408-0115 or mail at Bluewater Business Solutions, LLC, 164 Market St. #123, Charleston, SC 29401 concerning charges or other questions regarding the status of Subscriber’s account. Notwithstanding the foregoing, in no event may Subscriber dispute any charge or account billing hereunder later than ninety (90) days after such questionable account billing or other discrepancy should have been or could have been reasonably discovered by Subscriber. Otherwise, except as required by applicable law, any and all such Subscriber complaints are waived by Subscriber.
7. Term of Subscription
The term of Subscriber’s access to the Website, Services and Content is based upon Subscriber’s express agreement and adherence to these Terms and to Subscriber’s fully paid subscription and/or other fees. Subscriber’s subscription to the Website shall be for the initial term (e.g., monthly, quarterly, semi-annually or annually) as may be agreed by Subscriber and BBS through online registration, telephone order or otherwise, and shall automatically renew for indefinite successive renewal terms for the same period as the initial term or on a month to month basis, depending on agreed upon terms, unless terminated by Subscriber or BBS in accordance with the provisions of these Terms. However, if Subscriber accepts a special or introductory promotional offer for a subscription, then at the conclusion of the initial term specified in such special introductory promotional offer, the subscription shall automatically renew and Subscriber hereby authorizes BBS to charge Subscriber’s credit card or bank account in advance on a month-to-month basis for indefinite successive renewal terms at the then prevailing regular published monthly retail rate at the time of the subscription commenced until terminated in accordance with the provisions of these Terms.
Subscriber acknowledges and agrees that NO refund, offset or credit will be given for any cancellation of a special introductory promotional offer subscription or for subscription downgrades. If Subscriber registers for a free Trial Subscription, Subscriber agrees to be enrolled into a pre-paid month-to-month subscription at the end of the free trial period if Subscriber has not canceled the Trial Subscription prior to the expiration thereof.
Either BBS or Subscriber may cancel Subscriber’s subscription at any time for any reason (unless otherwise stated in an applicable promotional offer). In the event of termination by Subscriber or by BBS, all fees due to BBS up to the end of the then-current term billing cycle at time of termination shall remain payable to BBS unless otherwise specifically stated in an applicable promotional offer.
Subscriber may terminate subscription by one of five ways that applies to their type of subscription, as follows:
1. All Subscribers may terminate subscription online, using the Payment Processor’s website the Subscriber originally initiated the subscription payment through.
2. All Subscribers may terminate subscription by e-mailing a cancellation request to firstname.lastname@example.org at least five (5) days prior to the desired cancellation date.
3. All Subscribers may terminate subscription by telephoning a cancellation request to (843) 277-1619 during the business hours of 9am to 6pm EST Monday through Friday.
4. All Subscribers may terminate a subscription by faxing a cancellation request to (843) 408-0115 at least five (5) days prior to the desired cancellation date.
5. Only paying Subscribers may terminate by mailing a cancellation request to Bluewater Business Solutions, LLC, 164 Market St. #123, Charleston, SC 29401. Such cancellation will be effective approximately ten (10) days after receipt.
BBS reserves its right to terminate or suspend access to the Services and the Content to any Subscriber whose information BBS believes, at BBS’s sole discretion, to be inaccurate or misleading. If at any time BBS believes, in its sole discretion, that the Subscriber has violated any provision of these Terms, BBS may immediately terminate Subscriber’s subscription and all other Services without any right of Subscriber to a refund or other remedy, and all fees due to BBS up to the end of the then-current billing cycle at the time of such termination shall remain payable to BBS. Such termination will not limit any other right by BBS under contract, tort or any other legal theory to pursue any claim or cause of action against the Subscriber for violating these Terms including, but not limited to, monetary damages, injunctive relief, attorney’s fees and court costs.
9. Ownership and Safekeeping; Modification of BBS Services
The Services and the Content are and shall remain the sole and exclusive property of BBS. Subscriber shall have only the limited rights with respect to the Services and the Content as expressly granted in these Terms, and all rights not expressly granted herein are reserved by BBS. Subscriber acknowledges and agrees that only BBS shall have the right to alter, maintain, enhance or otherwise modify the Services and the Content. Subscriber shall not disassemble, decompile, manipulate or reverse engineer the Services or the Content, and shall take all necessary steps to prevent such disassembly, decompiling, manipulation or reverse engineering of the Services or the Content. Under no circumstances shall Subscriber sell, license, publish, display, copy, distribute, or otherwise make available the Services or the Content in any form or by any means, including without limitation the transfer to a third party, except as expressly permitted in these Terms. Subscriber will take all reasonable steps to protect the security of the Services and the Content, and to prevent unauthorized use or disclosure thereof. Subscriber is responsible for all access to and use of the Services and the Content by means of Subscriber’s equipment.
BBS reserves the right to modify or to discontinue any and all Services and/or Content or any portion or attribute thereof, with or without notice to any Subscriber. BBS shall not liable to any Subscriber in the event that BBS exercises its rights under this Section.
10. Third-Party Content and Services.
a. The Website may contain links to websites maintained by third parties (“Third Party Websites”). Such links to Third Party Websites are provided for Subscriber’s convenience and reference only. BBS does not operate or control, in any respect, any information, content, software, products or services available on such Third Party Websites, and is not responsible for any content on such Third Party Websites. BBS’s inclusion of links to such Third Party Websites does not imply any endorsement, warranty, guarantee or recommendation of such Third Party Websites, or of the content, products or services, or of the sponsoring organization thereof.
b. User or Subscriber acknowledge and agree that its use of any service provided to User or Subscriber by Third Party Websites shall be subject to the terms of a separate agreement between the User or Subscriber and the applicable Third Party Website, and that BBS has no liability to User or Subscriber in relation to the any service provided by Third Party Websites, or any acts or omissions of any Third Party Websites.
c. For its services and referrals, BBS may receive payment from Third Party Websites.
11. DISCLAIMERS AND LIMITATIONS
BBS attempts to ensure that the Content is accurate and reliable; however, errors sometimes occur. BBS does not guarantee the accuracy of the Content. In addition, BBS may make changes and improvements to the Content at any time. BBS makes no representation or warranty as to the quality or qualification of any Third Party Website.
BBS is not responsible for the content, quality, integrity, performance of any other aspect of the information provided, or transmitted via the website, or errors or problems related to transmission of data.
BBS makes no warranties of any kind, expressed or implied, in connection with the services provided hereunder. We make no warranties of non-infringement, accuracy or completeness or any other warranties concerning any information provided to you. These services are provided with all faults, and Subscriber assumes the entire risk as to satisfactory quality, performance, accuracy and effort. BBS specifically disclaims all warranties of timely or accurate delivery of information or services, accuracy or append rate of phone number, and number of records delivered.
THE WEBSITE, THE CONTENT AND THE SERVICES ARE SOURCED FROM PUBLIC DOCUMENTS AND PROVIDED “AS IS” AND “AS AVAILABLE.” BBS DISCLAIMS ANY WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, AS TO ANY MATTER WHATEVER RELATING TO THE WEBSITE, THE CONTENT AND THE SERVICES, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT. WE MAKE NO GUARANTEE THAT THE CONTENT IS UP-TO-DATE, ACCURATE OR COMPLETE, AND YOU SHOULD NOT RELY ON IT FOR ANY DECISION OR TO TAKE ANY ACTION.
WE ALSO DO NOT GUARANTTE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO OUR PRODUCTS, SERVICES OR INFORMATION VIA THE WEBSITE OR EMAIL, AND OPERATION OF THE WEBSITE AND/OR EMAIL MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE OF OUR CONTROL; HOWEVER, WE HEREBY DISCLAIM ANY WARRANTY THAT THE SITE, THE SERVICES AND THE CONTENT WILL BE FREE OF INTERRUPTION, OR THAT THE WEBSITE IS FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER CODE THAT MANIFESTS CONTAMINATING OR DESTRUCTIVE PROPERTIES.
BY SUBSCRIBER’S USE OF THE SERVICES, THE CONTENT OR THE WEBSITE, SUBSCRIBER AGREES AND ACKNOWLEDGES THAT SUBSCRIBER’S USE OF THE SERVICES, THE CONTENT AND THE WEBSITE IS AT SUBSCRIBER’S OWN RISK. BBS IN NOT LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR OTHER INJURY ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE CONTENT OR THE USE OF THE SERVICES OR THE WEBSITE, OR WITH DELAY OR INABILITY TO USE THE WEBSITE, WHETHER ARISING FROM CONTRACT, TORT, STRICT LIABILITY OR ANY OTHER THEORY AND REGARDLESS OF WHETHER OR NOT THE SUBSCRIBER KNOWS, SUSPECTS OR HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.
If you are a California resident, you waive California Civil Code § 1542, which says “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if not known to him or her must have materially affected his or her settlement with the debtor.”
TO THE EXTENT THAT ANY LIMITATION OF LIABILITY SET FORTH IN THIS SECTION IS UNENFORCEABLE UNDER APPLICABLE LAW, IN NO EVENT SHALL BBS, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, BE LIABLE FOR: (A) THE GREATER OF LOSSES OR DAMAGES IN EXCESS OF THE AMOUNT OF SUBSCRIBERSHIP FEES ACTUALLY PAID BY SUBSCRIBER WITHIN THE TWELVE MONTHS PRIOR TO THE CLAIM OR THE MINIMUM AMOUNT REQUIRED UNDER APPLICABLE LAW; OR (B) ANY INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES.
We reserve the right to report any wrongdoing, if and when we become aware of it, to any applicable government agencies. As a condition of use of the Website and/or Services, Subscriber hereby agrees to indemnify BBS (including its affiliates and the officers, directors, employees, and agents of each of same) and other Subscribers and hold us harmless from and against any and all claims, demands, actions, costs, liabilities, losses, expenses (including attorneys’ fees) and damages resulting whatsoever incurred or suffered by BBS, insofar as such losses arise out of, are related to or are based on or reasonably related to your use of and subscription to the Website and/or Services, from claims arising out of or relating in any way to use of the Services or the Website, including without limitation, any claims alleging facts, that if true, would constitute a breach by Subscriber of these Terms and/or any intentional wrongdoing by you, including, but not limited to, the illegality, reliability, appropriateness, originality or copyright of any submission or post made by you in connection with the Subscriber services and/or any other act or omission your part. This clause shall also be effective against Subscriber’s representatives and assignees.
13. COMPLIANCE WITH LAWS
You agree to comply with all applicable laws, statutes, ordinances, and regulations in connection with your use of and/or subscription to the Website, Services and/or Content provided by BBS. To the extent that any taxes apply to your use of the Website, you are responsible for the payment of such taxes.
The Services may be subject to United States export controls and may not be accessed or used by: (1) a national or resident of Cuba, Sudan, North Korea, Iran, Syria, or any other country subject to United States embargo that makes provision of Services through this Site unlawful; or (2) any person or entity identified on the U.S. Treasury Department’s list of Specially Designated Nationals or any other list that prohibits the provision of Services through this Website. You hereby agree to the foregoing and represent and warrant that you are not a national, resident or under the control of any such country or on any such list.
14. Prohibited Activities
You may not use any device, software or routine, including but not limited to any viruses, Trojan horses, worms, time bombs, denial-of-service attacks, other malicious code or repeated “hacks” or attacks” on webs servers(s), intended to damage or interfere with the proper working of the Website or to surreptitiously intercept or expropriate any system, data or personal information from the Website. You may not take any action which imposes an unreasonable or disproportionately large load on our infrastructure, including, but not limited to, denial of service attacks, “spam” or any other such unsolicited overload technique.
16. Our Relationship
No agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by these Terms.
17. DISPUTE RESOLUTION
Subscriber agrees that any claim or controversy arising out of or relating to the use of the Website, the Services or the Content, or to any acts or omissions for which the Subscriber may contend BBS is liable, including, but not limited to, any claim or controversy (“Dispute”), shall be finally and exclusively settled by arbitration in Charleston County, South Carolina. Such arbitration shall be held before one arbitrator under the commercial arbitration rules of the American Arbitration Association (“AAA”) in force at that time. The arbitrator shall be selected pursuant to the AAA rules. In any arbitration, BBS will pay the filing fee, plus the costs associated with the first day of arbitration, with the remaining costs of arbitration paid by the non-prevailing party. To begin the arbitration process, a party must make a written demand therefor. Any judgment upon the award rendered by the arbitrator may be entered only in a state or federal court located in Charleston County, South Carolina, and Subscriber agrees to submit to the jurisdiction of such court for that purpose. Subscriber and BBS agree that the arbitrator shall have limited authority to award damages such that the arbitrator shall not have the power to award damages in excess of those permitted under these Terms and in no event more than actual compensatory damages. The agreement to arbitrate shall not be construed as an agreement or consolidation of arbitration under these Terms with arbitration of disputes or claims of any non-party, regardless of the nature of the issues or disputes involved.
This Terms shall be construed as a whole and not in favor of either party. For example, no provision shall be construed against the party responsible for the language of the provision. Each provision shall be given its fair meaning. The paragraph headings have been added for convenience and shall not be used to interpret the agreement.
THESE TERMS PROVIDE THAT ALL DISPUTES BETWEEN THE SUBSCRIBER AND BBS WILL BE RESOLVED BY BINDING ARBITRATION IN CHARLESTON COUNTY, SOUTH CAROLINA. THE SUBSCRIBER THUS GIVES UP THE SUBSCRIBER’S RIGHT TO GO TO COURT TO ASSERT OR DEFEND THE SUBSCRIBER’S RIGHTS. THE SUBSCRIBER ALSO GIVES UP THE SUBSCRIBER’S RIGHT TO PARTICIPATE IN OR BRING CLASS ACTIONS AND TO SERVE AS A PRIVATE ATTORNEY GENERAL OR IN ANY OTHER REPRESENTATIVE CAPACITY IN CONNECTION WITH A DISPUTE. THE SUBSCRIBER’S RIGHTS WILL BE DETERMINED BY A NEUTRAL ARBITRATOR AND NOT A JUDGE OR JURY. THE SUBSCRIBER AND BBS RETAIN THE RIGHT TO PURSUE INJUNCTIVE RELIEF IN COURT, AND AGREE TO SUBMIT EXCLUSIVELY TO THE JURISDICTION OF THE STATE OR FEDERAL COURTS LOCATED IN CHARLESTON COUNTY, SOUTH CAROLINA, FOR THAT PURPOSE.
You also acknowledge and understand that, with respect to any Dispute, in the event we incur attorney fees or expenses in connection with the collection of sums owed to us by you under these Terms, we shall be entitled to recovery of those fees and expenses from you.
18. OTHER TERMS
These Terms shall be subject to and construed in accordance with the laws of the State of South Carolina, excluding its conflict or choice of laws principles. If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law, including but not limited to the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid enforceable provision that most closely matches the intent of the original provision, and the remainder of these Terms shall continue in effect. A printed version of these Terms and of any notice given in electronic form shall be admissible in arbitration, judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. All rights not expressly granted herein to a User or Subscription are reserved to BBS.
Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.
Users and Subscribers acknowledge these Terms have been read and voluntarily agree to all of its terms and conditions, without modification. Users and Subscribers have independently evaluated the desirability of entering into these Terms and is not relying on any representation, guarantee or statement other than as set forth in these Terms.