Terms of Service / User Agreement
Please read this agreement carefully to ensure you understand each provision.
IMPORTANT: PLEASE REVIEW THIS AGREEMENT CAREFULLY. IN PARTICULAR, PLEASE REVIEW THE MUTUAL ARBITRATION PROVISION IN SECTION 15.
This Agreement constitutes a legal agreement between you (“you” or “User”) and bhild LLC and its affiliates, parents, and subsidiaries (collectively, “bhild” or “us”). This Agreement governs your use of our services and platform that facilitates communications between Users offered through our website located at bhild.co, as it may be modified, relocated and/or redirected from time to time (the “Site”), and the mobile applications offered by us (the “Apps”). Our services, platform, Site and Apps are collectively referred to as the “bhild Platform”.
By accessing, using or registering with the bhild Platform or any portions thereof, you hereby expressly acknowledge and agree to be bound by the terms and conditions of this Agreement, and any future amendments and additions to this Agreement as we may publish from time to time. Please read this Agreement carefully. If you do not agree to accept and be bound by this Agreement, you must immediately stop using the bhild Platform. Bhild’s acceptance is expressly conditioned upon your assent to this Agreement in its entirety. If this Agreement is considered to be an offer by us, acceptance is expressly limited to this Agreement.
- Your agreement that either party may compel binding arbitration for most types of disputes, and your agreement to submit to an informal dispute resolution process for at least 30 days prior to the initiation of any claim (Section 16).
- Your agreement that no claims can be adjudicated on a class basis.
- Your agreement to indemnify bhild from claims due to your use, misuse or inability to use the bhild Platform, the Merchandise and/or Specialists Services, your violation of this Agreement, applicable laws or third party rights, and/or content or information submitted from your account to the bhild Platform.
bhild Platform; Background Checks.
1. The bhild Platform
The bhild Platform is a technology platform that makes available various services to individuals seeking to obtain services (“Requesters”) that bhild fulfills using sub-contractors service providers customarily engaged in a trade, occupation and/or business of providing the services requested (“Specialists”). Those certain services requested by the Requesters, which are to be completed by the Specialists, are hereinafter referred to as “Specialist Services”. Specialist Services also include Specialist Services that are requested through Home Improvement Referrals, which are described further in Section 3(g) below. The Specialist Services may include the delivery, installation and/or assembly of furniture and/or other items obtained through the bhild Platform or from a third party (“Merchandise”), but shall be deemed to include the Merchandise itself. bhild does may provide Merchandise. BHILD, THROUGH THE BHILD PLATFORM, OFFERS INFORMATION AND ABILITY TO RECEIVE SPECIALIST SERVICES.
2. Background Checks and Licensing.
BHILD CHECKS THE BACKGROUNDS OF SPECIALISTS VIA THIRD PARTY BACKGROUND CHECK SERVICES; PROVIDED, HOWEVER, FOR SPECIALISTS THAT ARE REQUESTED THROUGH HOME IMPROVEMENT REFERRALS AND FOR SPECIALISTS THAT ARE ENTITIES THE BACKGROUND CHECK IS LIMITED TO THE OWNER/PRINCIPAL OF THE COMPANY. However, each Requester should exercise caution and common sense to protect its personal safety and property, just as you would when interacting with any person whom you do not know. Certain states may require state-level licensing for projects above specified dollar amounts.
Personal Information; User Accounts.
1. Personal Information; User Accounts.
b. Account, Password and Security. You are the sole authorized user of your account. You are responsible for maintaining the confidentiality of any username, password and account provided by you or us for accessing the bhild Platform. You are solely and fully responsible for all activities that occur under your password or account, except that bhild may, in certain circumstances, access your account to make changes that you request, such as rescheduling a Service appointment. bhild has no control over the use of any User’s account by the User or third parties and expressly disclaims any liability derived therefrom. Should you suspect that any unauthorized party may be using your password or account or you suspect any other breach of security, you must contact us immediately at “firstname.lastname@example.org”. Nothing in this section shall affect bhild’s rights to limit or terminate the use of the bhild Platform, as provided below in section 4(b).
c. Proof of Identity. You will provide us with such proof of identity as we may reasonably request from time to time.
d. Text Messages and Phone Calls. By using the bhild platform, you expressly consent and agree to accept and receive communications from us, including via fax, text (SMS) messages, calls, push notifications and other reasonable means at any of your contact numbers or addresses, even if you are listed on any federal, state, provincial or other applicable “Do Not Call” list, in order that we may provide the services set forth on the bhild Platform, to service your account, to reasonably address matters pertaining to your account, including but not limited to notifying you of, or confirming, appointments that you have scheduled, or for other purposes reasonably related to your service request and our business, including marketing related emails. Standard text messaging charges applied by your cell phone carrier will apply to text messages we send. By consenting to being contacted by bhild, you understand and agree that you may receive communications, including marketing communications generated by automatic telephone dialing systems and/or which will deliver prerecorded messages, sent by or on behalf of bhild, its affiliates, subsidiaries, parents and/or Users/Specialists, including but not limited to: operational communications concerning your account or use of the bhild Platform or Services, updates concerning new and existing features on the bhild Platform, communications concerning promotions run by us, and news concerning bhild and industry developments. For certain Specialists Services, you also expressly authorize bhild to send you an automated prerecorded call confirming your Specialists Services request, along with calls from up to four Specialists that can help you with your request to the land-line or mobile phone number you provided, and you understand that either bhild or the Specialists may use automated phone technology (including autodialed and prerecorded messages) to call you and that your consent is not required to purchase products or services. You agree that by using the bhild Platform and requesting Specialist Services, you are entering into a business relationship with bhild and/or Specialists and thus agree to be contacted by bhild and/or Specialists. You acknowledge that you are not required to consent to receive promotional messages as a condition of using the bhild Platform or the Services. If a contact number you have provided to us is no longer your number, you agree to notify us promptly that you can no longer be reached at that number. You represent that you have received, and are authorized to convey to us, the consent of any authorized users on your account to be contacted by us as described in this Section. You agree that all consents provided in this Section will survive cancellation of your account. You may opt-out of receiving promotional or marketing texts or calls from bhild at any time. You may opt-out of receiving all text (SMS) messages from bhild (including informational or transactional messages) by replying with the word “STOP” to a text message from us; however you acknowledge that opting out of receiving all texts may impact your use of the bhild Platform or the Services. You also acknowledge that bhild or its third party service providers may record customer service calls after notice to you and with your consent, in order to assist you when you contact our customer support services. You agree to bhild use of a service provider to mask your telephone number when you call or exchange text (SMS) messages with a Specialists or Requestor using a telephone number provided by bhild. During this process, bhild and its service provider will receive in real time and store call data, including the date and time of the call or text (SMS) message, the parties’ phone numbers, and the content of the text (SMS) messages. You agree to the masking process described above and to bhild’s use and disclosure of this call data for its legitimate business purposes. TO KNOWINGLY INPUT FALSE INFORMATION, INCLUDING BUT NOT LIMITED TO NAME, PHONE NUMBER, ADDRESS OR E-MAIL ADDRESS IS A VERY SERIOUS AND FRAUDULENT MATTER THAT COULD RESULT IN SIGNIFICANT COSTS AND DAMAGES INCLUDING INVASION OF PRIVACY RIGHTS, TO BHILD AND THE SPECIALISTS, AND TO CONSUMERS, AS WELL AS THE LOSS OF TIME, EFFORT AND EXPENSE RESPONDING TO AND PURSUING SUCH FALSE INFORMATION AND REQUEST, AND FURTHER, COULD RESULT IN REGULATORY FINES AND PENALTIES. ACCORDINGLY, IF YOU KNOWINGLY INPUT FALSE INFORMATION IN A SERVICE REQUEST, INCLUDING BUT NOT LIMITED TO SOME ONE ELSE’S NAME, E-MAIL ADDRESS, PHYSICAL ADDRESS OR PHONE NUMBER OR A RANDOM OR MADE UP NAME, ADDRESS, E-MAIL OR PHONE NUMBER YOU AGREE TO FULLY INDEMNIFY AND BE LIABLE TO BHILD AND EACH SPECIALISTS WHO PROVIDES SUCH SPECIALISTS SERVICES, FOR THE GREATER OF: (1) A MINIMUM AMOUNT OF $11,000 TO EACH OF BHILD AND EACH OF THE AFFECTED SPECIALISTS AND FOR EACH OF THE ACTUAL PERSON(S) AFFECTED BY ANY OF THE IMPROPER, INCORRECT OR FRAUDULENT INFORMATION YOU ENTER (FOR EXAMPLE THE ACTUAL OWNER OF THE E-MAIL ADDRESS OR PHONE NUMBER, ETC.), PER IMPROPER SUBMISSION, PLUS ANY ATTORNEYS FEES COSTS AND EXPENSE RELATING THERETO, IF APPLICABLE, OR (2) THE ACTUAL DAMAGES, DIRECT, PUNITIVE AND CONSEQUENTIAL, AND ANY REGULATORY OR JUDICIAL FINES OR PENALTIES THAT MAY ARISE FROM SUCH INTENTIONAL, MISLEADING, HARMFUL AND FRAUDULENT ACTIVITY, PLUS REASONABLE LEGAL FEES, COST AND EXPENSES RELATING THERETO, WHICH EVER IS GREATER.
e. Emails. bhild may send you confirmation and other transactional emails regarding the Specialists Services. bhild and its affiliates, subsidiaries, parents may also send you emails about other services that we think might interest you (“Promotional Emails”). You can unsubscribe from Promotional Emails at any time by clicking unsubscribe in our email communications or contacting us.
3. Payments; Guarantee; Claims
a. Payments. Requesters are obligated to pay in advance for those Specialist Services and/or Merchandise they OBTAIN through the bhild Platform (“Payments”). Prior to the scheduled Specialists Service, we will charge the Requester’s credit card or accept other forms of payments according to the amount the Requester has agreed to through written communication with respect to those Specialists Services and/or Merchandise, the Requester has ordered, and for all purchases and payments for reimbursement costs, fees, expenses or applicable taxes associated with a Specialists Service. We will use third party services to process credit card or ACH information. By accepting this Agreement, you are giving bhild (or a third-party payment processor on bhild behalf) permission to charge your on-file credit card, debit card, or other approved methods of payment for fees that you owe bhild. Depending on the transaction you selected or services requested, bhild may charge you on a one-time or recurring basis. All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the Specialists Services must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with bhild at the prices in effect when such charges are incurred. We retain the right, in our sole discretion, to place a hold on the Requester’s credit card for an ordered or completed Specialists Service transaction. Seventy-two (72) hours after a Specialists Service is completed, if there is no complaint by the Requester, we will mark the Specialists Service as closed. Except for Specialists Services that are requested through Home Improvement Referrals, all Payments by Requesters must be made through the bhild Platform. Any Specialists Services that are requested through Service Referrals, any Payments paid, or any Specialists Services scheduled or obtained outside of the bhild Platform are not subject to our bhild guarantee. Except for the bhild Guarantee in Section 3(d), and the Refund Policy in Section 3(e), no refunds or credits will be provided once the Requester’s credit card or ACH payment has been charged, except that at our sole discretion, refunds or credits may be granted in extenuating circumstances, as a result of specific promotions, or to correct any errors we have made. While we will use commercially reasonable efforts to ensure the security of all credit card or ACH payment and all other personal information, we expressly disclaim any liability for any damage that may result should any information be released to any third parties, and you agree to hold us harmless for any damages that may result therefrom. Requesters will be liable for all transaction taxes on the Specialists Service(s) provided (other than taxes based on bhild’s income). If we determine that your actions or performance may result in returns, chargebacks, claims, disputes, violations of our terms or policies, or other risks to bhild or third parties, then bhild may withhold any payments to you for as long as we determine any related risks to bhild or third parties persist. For any amounts that we determine you owe us, we may (i) offset any amounts that are payable by you to us (in reimbursement or otherwise) against any payments we may make to you or amounts we may owe you; (ii) invoice you for amounts due to us, in which case you will pay the invoiced amounts upon receipt; (iii) reverse any credits to your bank account; or (iv) collect payment or reimbursement from you by any other lawful means. If we determine that your account has been used to engage in deceptive, fraudulent, or illegal activity, or to repeatedly violate this Agreement, then we may in our sole discretion permanently withhold any payments to you.
b. Job Rate. The rate for a Specialist Service (“Job Rate”) as determined by bhild depends on factors, such as location, service provided, and workload (amount of time dedicated to complete). Therefore, the same Specialists Service may cost more in a different location or if the Specialists Service is ordered less frequently. However, you will be notified prior to any such payment increase with sufficient notice to enable you to cancel the Recurrent Service as set forth herein.
c. Recurrent Service with Automatic Renewal and Recurring Charges.
- Recurring Service: When requesting certain Specialists Services, Requesters may have the option of choosing that the Specialists Service be repeated on a regular basis (“Recurrent Service”). For example, a Requester may choose that a cleaning be performed every two weeks. When a Requester chooses a Recurrent Service, the bhild platform will automatically schedule that Recurrent Service to occur on future dates indefinitely at the frequency requested by Requester. bhild cannot guarantee that the same Specialists will be available for each Recurrent Service appointment or that Recurrent Service appointments will not be canceled.
- BILLING, RECURRING CHARGES AND AUTOMATIC RENEWAL: When a Requester signs up for a Recurring Service, Requester will be charged immediately for the initial booking. THEREAFTER, REQUESTER’S AGREEMENT TO PAY FOR THE SPECIALISTS SERVICE WILL AUTOMATICALLY RENEW AND REQUESTER’S CREDIT CARD WILL BE CHARGED THE SAME NON-PROMOTIONAL AMOUNT, AS ORIGINALLY DISCLOSED TO REQUESTER AT THE TIME OF SIGNING UP FOR THE RECURRING SERVICE, IN ADVANCE OF EACH AUTOMATICALLY SCHEDULED SPECIALISTS SERVICE APPOINTMENT, AS WELL AS FOR ANY APPLICABLE CANCELLATION FEES AND TAXES.
- CANCELLATION OF AUTOMATICALLY RENEWING RECURRING SERVICE: Requesters may cancel the automatically renewing Recurrent Service AT ANY TIME by contacting us at email@example.com or call us at (352) 309-0595. REQUESTERS MUST CANCEL MORE THAN TWENTY-FOUR HOURS PRIOR TO THEIR NEXT SPECIALISTS SERVICE IN ORDER TO AVOID BEING CHARGED CANCELLATION FEES AND/OR FOR THEIR NEXT SPECIALISTS SERVICE PURSUANT TO BHILD’S CANCELLATION POLICY AS SET FORTH IN SECTION 4(e).
d. bhild Guarantee.
- i. The bhild Guarantee provides certain limited additional protections provided by bhild for Specialists Services. Subject to the below exclusions and the terms and conditions and limitations herein, if you are dissatisfied with the performance of a Specialists Service, bhild, in its sole discretion, will either (a) have the specific Specialists Service re-performed or (b) compensate Requesters the lowest amount of: (1) subject to the exclusions below, up to USD $2,500 per occurrence for losses arising from property damage as a direct result of negligence of a Specialists during performance of a Specialists Service or (2) up to USD $1,000 for losses arising from damage to floors and items containing granite, marble or any other stone work as a direct result of negligence of a Specialist during the performance of a Specialist Service the amount shall be limited to up to USD $1,000; or (3) up to USD $2,500, in the aggregate, for losses arising from theft of a Requester’s property by a Specialist during performance of a Specialist Service. The Service Requester is eligible for the bhild Guarantee provided that the Requester reports the issue within seventy-two (72) hours of the Specialist Service appointment to our Requester service by emailing us at “firstname.lastname@example.org”. If the Service Requester does not report the issue within seventy-two (72) hours of the Specialist completion of the Specialists Service, the claim is ineligible for the bhild Guarantee. For Recurring Services, each Specialist Service is treated as a separate occurrence.
- ii. If you carry insurance that would cover you in the event of a claim, such as renter’s insurance, homeowner’s insurance, automobile insurance or an umbrella policy (“Personal Insurance”), You agree that your Personal Insurance is primary and the bhild Guarantee is secondary. The bhild Guarantee will only compensate for losses to the extent not otherwise covered by your Personal Insurance and only as permitted herein.
- iii. A Requester will be covered under the bhild Guarantee for a Specialists Service, subject to the exclusions in subsection (v) below, provided:
- The Specialist Service is paid for in full through ACH payment or Credit Card;
- The Requester has not violated this Agreement;
- The Requester has reported the claim within 72 hours of the Specialists completion of the Specialists Service;
- The Requester’s bhild account is in good standing with no outstanding balances owed to bhild;
- The Requester has identified fragile and other breakable items and communicated the location and identity of those items to the Specialists prior to the start of the Specialists Service; and
- The Requestor has accounted for and secured all valuables prior to the start of a Specialists Service.
- iv.What is excluded from the bhild Guarantee? The “bhild Guarantee” does not cover the following:
- Specialists Services that are requested through Service Referrals;
- Any Specialists Service that is not booked and paid directly from the bhild Platform;
- losses arising out of acts of nature, including, but not limited to, pollution, earthquakes and weather related events such as hurricanes and tornadoes;
- losses arising out of interruption of business, loss of market, loss of income and/or loss of use;
- losses for property damage and theft exceeding the original value and/or replacement value for such property, less any standard depreciation;
- losses arising from the acts or omissions of a Requester or third party;
- losses arising from the negligence or misconduct of a third party;
- losses arising from a manufacturer’s or a product’s defects;
- losses from pre-existing damages or conditions of the item or property;
- losses arising from items supplied by the Requester or due to Requester recommendations (e.g., if a manufacturer recommends affixing furniture to a wall and a Requester declines to have furniture affixed, etc);
- losses arising from flooding and/or water damage including mold, fungi or bacteria;
- losses arising from products containing hazardous or harmful materials, acts of terrorism, product liability, or pollution;
- losses of cash, third party gift cards, and securities;
- losses as a result of an intentional wrongful act by a Specialists;
- losses arising from normal wear and tear;
- losses for items that retain their functionality; (e.g., minor cosmetic damage, ordinary wear and tear, a t.v. that has a scratch on the bezel);
- losses for fine arts, which includes but is not limited to paintings, etchings, printed photos, pictures, tapestries, rare or art glass, art glass windows, valuable rugs, statuary, sculptures, antique furniture, antique jewelry, bric-a-brac, porcelains, antique automobiles, coins, stamps, other collectibles, collections, furs, jewelry, precious stones, precious metals, and similar property of rarity, historical value;
- losses for damage beyond the specific damaged area (e.g., should flooring sustain damage, any loss is limited to the replacement cost of the square footage that was damaged after deducting for obsolescence and physical depreciation);
- loss of use damages, including without limitation, loss of use such as property, furniture and the costs of any storage, movement and insurance of furniture in connection with loss of use;
- losses excluded pursuant to Section 17 of the Agreement;
- losses based on sentimental and/or undocumented intangible value;
- losses or damages associated with the unauthorized acquisition of, access to, destruction of, and/or loss of electronic data, including but not limited to films, records, manuscripts, drawings or photographs, data, information, audio or video recordings, files, facts, programs or other materials stored as or on, created or used on, or transmitted to or from, computer software, including systems and applications software, hard or floppy disks, CD-ROMs, tapes, drives, cells, data processing devices, cloud storage, or any other media which are used with electronically-controlled equipment;
- losses related to repairs outside of the area where the Specialists Services were performed;
- losses of pets, personal liability or damage to shared or common areas;
- losses arising from shipping costs and/or shipping of replacement items and/or taxes incurred in purchasing the original and/or replacement items;
- losses of theft without a valid police report, if requested by bhild; and losses with insufficient documentation; and
- losses occurring after, or unrelated to, the performance of a Specialists Service;
- losses involving products or services, or uses of either, that are prohibited by law;
- losses due to unforeseeable or latent defects in the premises;
- losses related to services not explicitly booked through the bhild Platform; and
- losses reported by third parties
- How do I submit a Claim? First report of a claim must be made within 72 hours from the Specialists completion of the Specialists Service. After the first report, you will be asked to complete the full claim form within 7 days of receipt. If you do not complete the claim form in its entirety within 7 days of receipt, your claim will no longer be eligible for the bhild Guarantee. We urge you to read through these terms and conditions prior to submitting a claim. All claims will be reviewed on a case-by-case basis. During bhild’s claims assessment process, you may be required to provide written detailed: (1) proof of ownership of damaged/missing item; (2) proof of value of damaged/missing item; and (3) proof of damage or loss. If such information is requested, you will have 30 days from the date of the request to send bhild the requested information. If you fail to provide the requested information within the 30 day time period and/or fail to contact bhild to arrange for an extension of time, Your claim will be considered closed and no longer eligible for the bhild Guarantee. You also agree to: (A) protect and preserve any damaged property that is the basis of a claim from further damage; (B) assist and allow bhild or its insurers access to inspect and make copies, photographs and recordings of anything relating to the claim; (C) accept repairs and/or remediation by a Specialists; (D) accept a replacement only if repairs are proven not to be an option; (E) submit requested materials by the dates outlined by the bhild resolutions team; and (F) accept a replacement item subject to the standard depreciation of that item. If any part of Your claim is approved, then as a condition to any payment to You under the bhild Guarantee, You will be required to execute and deliver to bhild the release agreement within 14 days of receipt of the release agreement from bhild, and assign to bhild or its insurer any rights and remedies you may have to recover amounts paid to you with respect to an approved claim from any party that is financially responsible for the approve claims and any rights in any property that is recovered. The release agreement shall be rescinded and considered null and void if not signed and returned to bhild within 14 days of Your receipt and the claim shall no longer shall be eligible for the bhild Guarantee.
- e. bhild Merchandise Refund Policy.
- i. If you decide that you do not want the Merchandise please contact bhild 48 hours prior to service. As specific items will be can’t not be refunded due to their viability.
- ii. If any Merchandise is broken or unfit for use only in the course of performing the Specialists Services, bhild will remove and replace the broken Merchandise (or, where applicable, the broken component of the Merchandise) and re-perform the applicable Specialists Services at no additional cost to you (provided, however, that bhild shall not refund the cost of the Merchandise or refund the cost of the Specialists Services, except as set forth in 3(d) above).
- f. bhild Trust and Support Fee. bhild may assess an additional “Trust and Support Fee” to support the bhild Platform, including costs related to background checks, insurance, customer support, and related services provided to you by the bhild Platform. The Trust and Support Fee will be applied to each appointment of a Specialists Service requested through the bhild Platform (e.g., if you requested a Recurring Service, a Trust and Support Fee may be assessed on each Recurrent Service appointment). The amount of the Trust and Support Fee may vary but shall be retained by bhild in its entirety.
4. Links to and Plug-Ins from Other Websites or Media.
5. Submission Areas.
The bhild Platform may contain blogs, message boards, applications, opportunities to provide reviews, job postings, chat areas, news groups, forums, communities and/or other message or communication facilities that allow Users to communicate with other Users and with bhild (collectively, “Submission Areas”). Some areas in the Submission Areas within the bhild Platform will be public and bhild will not be responsible for any information or materials posted in such public areas. bhild may, in its discretion, publicly post submissions you submit to a non-public area of the bhild Platform. You may only use Submission Areas to send and receive messages and material that are relevant and proper to the applicable forum and that comply with this Agreement. “Your Information” is defined as any information and materials you provide to us or other Users in connection with your registration for and use of the bhild Platform, including without limitation, information and materials that are posted or transmitted for use in Submission Areas. You are solely responsible for Your Information, and we are merely a passive conduit for your online distribution and publication of Your Information. You hereby represent and warrant that Your Information: (a) will comply at all times with this Agreement, including but not limited to Section 7 (Rules for Use of the bhild Platform) below, and with Section 2 (Personal Information; User Accounts) above; and (b) will not create liability for us or cause us to lose (in whole or in part) the services of our Internet Service Providers (ISPs), customers, or other partners or suppliers. You hereby grant us a non-exclusive, transferable, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to use, host, store, reproduce, modify, create derivative works, communicate, publish, publicly perform, publicly display and distribute all of Your Information that is posted to Submission Areas from or through your account on the bhild Platform, including but not limited to all images, videos, musical works and text included in such postings and to such other persons and/or entities as bhild may designate. The rights you grant in this license are for the limited purpose of operating, advertising, marketing, promoting, and improving the bhild Platform. We reserve the right to remove postings from Submission Areas in our sole discretion.
6. Rules for Use of the bhild Platform.
During the term of this Agreement, Requesters may use the bhid Platform for your personal use only (or for the use of a person, including a company or other organization that you validly represent). Requesters may use the bhild Platform to request Specialists Services solely with respect to a location where the Requester is legally authorized to have Specialists Services performed. Requesters may not use the bhild Platform for any other purposes or in connection with any commercial endeavors whatsoever without our express prior written consent. Requesters agree to treat Specialists courteously and lawfully, to provide a safe and appropriate working environment for them that is in compliance with all applicable laws and regulations, and to provide reasonable co-operation to Specialist to enable them to supply Specialist Services. Requesters agree to comply with our complaint and other policies designated on the Site. Requesters acknowledge that their selected Specialist may be unavailable from time to time. You shall NOT use the bhild Platform (including but not limited to any Submission Areas) to do any of the following:
- Upload files that contain viruses, Trojan horses, corrupted files, or any other similar software that may damage the operation of another’s computer.
- Upload files that contain software or other material that violates the intellectual property rights or rights of privacy or publicity of any third party.
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as, but not limited to, rights of privacy and publicity) of others, including but not limited to our staff and other Users.
- Post a review or rating unless such review or rating contains your independent, honest, genuine opinion.
- Use the bhild Platform or any Specialists Service for any purpose or in any manner that is in violation of local, state, national, or international law.
- Publish, post, upload, distribute or disseminate any profane, defamatory, false, misleading, fraudulent, threatening or unlawful topics, names, materials or information, or any materials, information or content that involve the sale of counterfeit or stolen items.
- Advertise or offer to sell any goods or services for any commercial purpose or solicit employment or contract work which is not relevant to services offered through the bhild Platform. You may not solicit, advertise for, or contact in any form Users for employment, contracting, or any other purpose not related to Specialist Services facilitated through the bhild Platform without express written permission from us.
- Use the bhild Platform to collect usernames and/or email addresses of members by electronic or other means without our express prior written consent.
- Conduct or forward surveys, contests, pyramid schemes, or chain letters.
- Impersonate another person or allow any other person or entity to use your identification to post or view comments or otherwise use your account.
- Post the same note repeatedly (referred to as ‘spamming’). Spamming is strictly prohibited.
- Download any file posted by another User that you know, or reasonably should know, cannot be legally distributed through the bhild Platform, or post or upload any content to which you have not obtained any necessary rights or permissions to use accordingly.
- Restrict or inhibit any other User from using and enjoying the bhild Platform.
- Imply or state that any statements you make are endorsed by us, without our prior written consent.
- Reverse engineer, disassemble, decompile, translate, modify, adapt, license, sublicense, alter, copy, distribute, hack or interfere with the bhild Platform, its servers or any connected networks, use a robot, spider, manual and/or automatic processes or devices to data-mine, data-crawl, scrape or index the bhild Platform in any manner, or attempt to do any of the foregoing.
- Remove or alter, visually or otherwise, any copyrights, trademarks or proprietary marks and rights owned by us.
- Upload content that is offensive and/or harmful, including, but not limited to, content that advocates, endorses, condones or promotes racism, bigotry, hatred or physical harm of any kind against any individual or group of individuals.
- Upload content that provides materials or access to materials that are obscene, adult or sexual or that exploit anyone, and in particular people under the age of 18, in an abusive, violent or sexual manner.
- Register to use the bhild Platform under different usernames or identities, after your account has been suspended or terminated.
- Mirror or archive any part of the bhild Platform or any content or material contained on the bhild Platform without bhild’s written permission.
- Forge any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting or providing false or misleading representations in the sender information, subject line, locator, or content of any electronic message.
- Alter transmission data without bhild’s consent
- Purchase Merchandise for the purposes of reselling it.
bhild provides direct to consumer services directly through our platform which allows you to obtain certain services that bhild fulfills. Within the confines of the labor portion bhild uses Independent Contractors or Specialists to perform such work. While Specialists are not directly employees of bhild they are nonetheless directly managed through work performed.
8. Special Promotions; Gift Cards and Vouchers
a. Changes to Promotions. We may from time to time provide certain promotional opportunities to Requesters. All promotions will be run at our sole discretion, and can be activated, modified or removed at any time by us without advance notification.
- a. Changes to Promotions. We may from time to time provide certain promotional opportunities to Requesters. All promotions will be run at our sole discretion, and can be activated, modified or removed at any time by us without advance notification.
- b. Promotional Coupons
- i. Promotional coupons are only eligible for the specific services designated by bhild. Promotional coupons are valid for a limited time only and expires on the date indicated when you receive the applicable promotional coupon. Failure to use promotional coupons before such expiration date will result in the forfeiture of the promotional coupon. bhild reserves the right to cancel promotional coupons at any time. No refunds will be granted for any expired or canceled promotional coupons.
- ii. Bhild promotional coupons have no intrinsic value, are not redeemable for cash, have no cash value, and serve merely as a means to recognize and provide an incentive to use the bhild Platform. Promotional coupons may not be purchased for cash and bhild does not sell promotional coupons. Promotional coupons are nonrefundable.
- iii. Promotional coupons will not be applied against any sales, use, gross receipts or similar transaction based taxes that may be applicable to you, and/or fees or charges for use of any ineligible services.
- iv. Your bhild account will be billed for all fees and charges for use of any ineligible services. Each promotional coupon can only be used once and your bhild account will be billed for all fees and charges for use of any eligible service in excess of the amount of available promotional coupon.
- c. Referral Discounts.
In the event that you are given a code through which you may refer a friend to the bhild Platform in exchange for a referral discount, you shall not use any online marketing or advertising to promote such code or to artificially increase the amount of credits awarded. By way of example, you may not post, or cause, request or permit a third party to post any such code on a coupon website, nor use any paid search marketing, online advertising, forum posting, newsgroup posting or bulk email to disseminate such code. You may only share such code with your personal friends and acquaintances for legitimate referral purposes, as determined by us in our sole discretion. bhild referral discounts are redeemable only for Specialists Services. Bhild referral discounts have no cash value and are not redeemable for cash unless otherwise required by law. Without limiting our other rights and remedies, we may terminate such code and/or your account for any breach of this Section. For questions or additional information, contact us at email@example.com
- d. Vouchers
i. bhild vouchers or promotional codes for special offers or discounts (“Vouchers”) may be available and can be used to pay in part or in full for Specialist Services.
ii. You agree that you will only use one Voucher per person and will use Vouchers in accordance with the Voucher terms and conditions.
iii. You agree that you will comply with all Voucher terms and conditions.
iv. Use of Vouchers is further subject to the below terms and conditions regarding Gift Cards.
- e. Gift Cards
i. Bhild Gift Cards (“Gift Cards”) are redeemable only for Specialists Services. Gift Cards have no cash value and are not redeemable for cash unless otherwise required by law.
ii. Gift Cards must be presented at the time of purchase and any available balance will be applied to your purchase.
iii. Gift Cards do not expire and there are no inactivity, dormancy or service fees associated with Gift Cards.
iv. You agree that you will comply with all Gift Card terms and conditions.
vi. Gift Cards cannot be used for previous purchases, credits, or the purchase of Gift Cards, and cannot be used to make a payment towards third party items the balance on a credit card.
vii. We reserve the right to limit quantities of Gift Cards purchased by any person or entity and to cancel a Gift Card if we believe that the Gift Card was obtained through fraudulent or unauthorized means. Specifically, you may not purchase or obtain more than $10,000 in Gift Card value in any one day regardless of location, whether on a single Gift Card or multiple Gift Cards. Moreover, you may not purchase or obtain any one Gift Card with a value of more than $2,000 in any one day.
viii. No credit card, credit line, overdraft protection, or deposit account is associated with your Gift Card. Unused Gift Card balances are not transferable, and you may not sell a Gift Card or otherwise barter for its exchange although you may give a Gift Card to someone else as a gift.
ix. A Gift Card is void if copied, altered, transferred, purchased or sold.
x. Purchases of Gift Cards are final and not refundable. All sales are final
xiii. In the event you do not use your Gift Card for a certain period of time, we may be required to turn over the remaining Gift Card balance to a state under such state’s unclaimed or abandoned property law. Although your Gift Card does not expire, if we are obligated to turn over the remaining balance of your Gift Card under a state’s unclaimed property law, by operation of law we will be released from any further liability or obligation with respect to your Gift Card and you may be required to contact the state’s unclaimed property administrator to attempt to recover your unused Gift Card balance. To protect your right to continue to use your remaining Gift Card balance, we will make reasonable efforts to exempt your Gift Card from state unclaimed property laws.
9. Intellectual Property Rights
The bhild Platform, and the information, data, content and materials, which it contains (“bhild Materials”), are the property of bhild and/or its affiliates, subsidiaries, parents and licensors, excluding User-generated content, which bhild has a right to use as described below. The bhild Materials are protected from unauthorized copying and dissemination by United States copyright law, trademark law, international conventions, and other intellectual property laws. bhild and/or its affiliates, subsidiaries, parents and licensors are and shall continue to be the sole and exclusive owner of all right, title and interest in and to all intellectual property rights associated with the bhild Materials. Any use of bhild Materials, other than as expressly permitted herein, is prohibited without the prior permission of bhild and/or the relevant right holder. The service marks and trademarks of bhild, including without limitation bhild.co and bhild.com and the bhild logo are service marks owned by bhild. Any other trademarks, service marks, logos and/or trade names appearing on the bhild Platform are the property of their respective owners. You may not copy or use any of the marks, logos or trade names appearing on the bhild Platform without the express prior written consent of the owner.
10. Copyright Complaints and Copyright Agent
Bhild respects the intellectual property of others, and expects Users to do the same. Bhild will respond to properly submitted notices of alleged copyright infringement that comply with applicable law. In the event that a person or entity has a good faith belief that any materials provided on or in connection with the Bhild Platform infringe upon that person’s or entity’s copyright or other intellectual property right (such person or entity, a “Complainant”) and sends to bhild a properly submitted copyright notice as indicated below, bhild will investigate, and if it determines, in its discretion, that the material is infringing, bhild will remove the content and may terminate the access of the User who posted such content to the bhild Platform in the case of repeat infringers. All notices claiming an infringement of copyright rights must contain the following:
- Identification of the intellectual property right that is allegedly infringed. All relevant registration numbers, or a statement concerning the Complainant’s ownership of the work, should be included.
- The complete name, address, telephone number and email address of Complainant.
- A statement that Complainant has a good faith belief that the use of the allegedly infringing material is not authorized by the owner of the rights, or its agents, or by law.
- A statement that the information contained in the notification is accurate, and under the penalty of perjury, Complainant is authorized to act on behalf of the owner of the copyright or other property rights that are allegedly infringed; (vi) A physical or electronic signature of a person authorized to act on behalf of the owner of the intellectual property rights that are allegedly being infringed.
- Bhild’s contact information for notice of alleged copyright infringement is:
- Email: firstname.lastname@example.org
- Or via Phone: (352) 309-0595
- Or via Mail:
- Attn: Copyright Agent
- 747 SW 2nd Ave. IMB 28, Suite 190, Gainesville, FL 32601
11. The App / Mobile Devices
a. The bhild Platform may allow you to access our services, download our Apps, upload content to the bhild Platform, and receive messages on your mobile device (collectively “Mobile Features”). Your mobile device carrier may prohibit or restrict certain Mobile Features and certain Mobile Features may be incompatible with your mobile device carrier or mobile device. In addition, your mobile device carrier may charge you for standard messaging, data, and other fees to participate in Mobile Features. We have no responsibility or liability for any fees or charges you incur when using the Mobile Features. You should check with your mobile device carrier to find out whether any fees or charges will apply, what plans are available and how much they cost. You should also contact your mobile device carrier with any other questions regarding these issues.
b. You acknowledge that your use of the Apps is subject to any terms set forth in the terms of service of the third party providing the mobile device on which the App operates (e.g., Apple iOS or Android).
c. Bhild is not liable if you do not have a compatible mobile device or if you download the wrong version of an App for your mobile device. Bhild reserves the right to terminate the use of the Apps or any other aspect of the bhild Platform should you be using the Apps or the bhild Platform with an incompatible or unauthorized device.
d. App Store Sourced Application
- With respect to Apps accessed through or downloaded from the Apple App Store (“App Store Sourced Application”), you will use the App Store Sourced Application only: (i) on an Apple-branded product that runs iOS (Apple’s proprietary operating system software); and (ii) as permitted by the “Usage Rules” set forth in the Apple App Store Terms of Service. bhild reserves all rights in and to the Apps not expressly granted to you under this Agreement.
- You acknowledge that Apple has no obligation whatsoever to furnish any maintenance or support services to you with respect to the App Store Sourced Application.
- To the maximum extent permitted by applicable law, Apple will have no warranty obligation whatsoever with respect to the App Store Sourced Application.
- Notwithstanding anything to the contrary herein, and subject to the terms in this Agreement, you acknowledge that, solely as between Apple and bhild, bhild and not Apple is responsible for addressing any claims you may have relating to the App Store Sourced Application, or your possession and/or use thereof, including, but not limited, to: (i) product liability claims, (ii) any claim that the App Store Sourced Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
- Further, you agree that if the App Store Sourced Application, or your possession and use of the App Store Sourced Application, infringes on a third party’s intellectual property rights, you will not hold Apple responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claims.
- You acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of this Agreement for App Store Sourced Applications, and that, upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement for App Store Sourced Applications against you as a third-party beneficiary thereof.
- Without limiting any provisions of this Agreement, you must comply with all applicable third party terms of agreement when using the App Store Sourced Application.
12. Modifications to the bhild Platform
We reserve the right in our sole discretion to review, improve, modify or discontinue, temporarily or permanently, the bhild Platform or any content or information on the bhild Platform with or without notice. We will not be liable to any party for any modification or discontinuance of the bhild Platform.
The term “Confidential Information” shall mean any and all of bhild trade secrets, confidential and proprietary information, personal information and all other information and data of bhild that is not generally known to the public or other third parties who could derive value, economic or otherwise, from its use or disclosure. The bhild Platform contains secured components that are accessible only to those who have been granted a username and password by bhild. Information contained within the secure components of the bhild Platform is confidential and proprietary. You acknowledge that Confidential Information (as hereinafter defined) is a valuable, special and unique asset of bhild and agree that you will not use Confidential Information other than as necessary for you to make use of the bhild Platform as expressly permitted by this Agreement and only during the term of this Agreement. You will not disclose or transfer (or seek to induce others to disclose or transfer) any Confidential Information for any purpose. You shall promptly notify bhild in writing of any circumstances, which may constitute unauthorized disclosure, transfer, or use of Confidential Information. You shall implement reasonable technical, physical and administrative safeguards to protect Confidential Information from loss or theft, as well as unauthorized access, disclosure, copying, transfer, modification or use. You shall return all originals and any copies of any and all materials containing Confidential Information to bhild upon termination of this Agreement for any reason whatsoever.
14. Disclaimer of Warranties; Limitation on Liability.
a. USE OF THE BHILD PLATFORM IS ENTIRELY AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE BHILD PLATFORM IS PROVIDED “LIMITED WARRANTY”. SPECIFIC TO A SERVICE THE LIMITED WARRANTY FOLLOWS (CLIENT MUST CONTACT BHILD WITHIN THE DATE OF COMPLETION OF WARRANTY):
- FROM THE DATE OF INSTALLATION, BHILD, THERE IS A 45 DAY GUARANTEE ON ALL SOD INSTALLED IN THE EVENT THAT SOD DIES OR DOESN’T TAKE ROOT WITHIN THAT TIME FRAME A BHILD SPECIALISTS WILL RESOD DEAD OR UNROOTED SOD.
- WARRANTY REQUIREMENTS
- After installation water each area thoroughly twice a day on a daily basis for a minimum of 60 minutes with any conventional sprinkler. The best time to water in early in the morning, with the best being in the evening. Please avoid watering during the heat of the day.
- Daily watering should occur for 5 to 7 weeks depending on the season and volume of rainfall. Our goal is to keep the soil extremely moist (almost soggy) initially for the first 2-3 weeks and then just consistently moist moving forward.
- Once Grass has reached a height of 5 inches it is ready to be cut for the first time. Mowing height should be at 3.5 inches.
- Never cut more than 1/3 of the grass blade with any one cutting.
- As with all lawns a fertilization program will encourage establishing and maintaining thicker and healthier lawn. As part of creating a healthy lawn it is also suggested to apply routine weed control application to minimize unwanted and competing plants.
- FROM THE DATE OF INSTALLATION, BHILD, GUARANTEES YOUR hardscape installation from settlement of pavers and walls, and from separation of wall units for a 2 year period under normal wear for which the installation was designed. For example if vehicles or equipment are driven over a walkway (30mm) causing settling of pavers, and the walkway was designed and installed for pedestrian use only, BHILD. will not be held accountable for damage from these actions.
- WARRANTY VOIDED UNDER THE FOLLOWING CIRCUMSTANCES
- Extreme circumstances (including but not limited to fire, vehicular accidents, excessive flooding, poor drainage outside of project area, excessive freezing) causing damage to work installed by bhild are not covered under this or any other bhild warranty.
- Voided under efflorescence. Efflorescence is a naturally occurring process in all concrete products that sometimes appears in the form of a white powdery film on the pavement surface. It does not, in any way, compromise the functionality or the structural integrity of the product. Although efflorescence cannot be prevented, it will wash off over time or can be cleaned with an efflorescence cleaner.BHILD accepts no responsibility or liability for this condition.
- This warranty shall be void and will not apply to any materials which were originally installed by bhild specialists, then subsequently repaired, adjusted, or modified by an individual or entity other than bhild specialists or its authorized representative.
b. ACCESS TO THE BHILD PLATFORM IS PROVIDED FREE OF CHARGE AS A COURTESY. NEITHER BHILD NOR ITS AFFILIATES, PARENTS, SUBSIDIARIES OR LICENSORS ARE RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE BHILD PLATFORM. NEITHER BHILD NOR ITS AFFILIATES, PARENTS, SUBSIDIARIES OR LICENSORS WARRANT THAT THE BHILD PLATFORM IS FREE FROM VIRUSES, WORMS, TROJAN HORSES, OR OTHER HARMFUL COMPONENTS. BHILD AND ITS AFFILIATES, SUBSIDIARIES, PARENTS AND LICENSORS CANNOT AND DO NOT GUARANTEE THAT ANY INFORMATION, PERSONAL OR OTHERWISE, SUPPLIED BY YOU WILL NOT BE MISAPPROPRIATED, INTERCEPTED, DELETED, DESTROYED OR USED BY OTHERS.
c. ACCESS TO THE BHILD PLATFORM IS PROVIDED FREE OF CHARGE AS A COURTESY. NEITHER BHILD NOR ITS AFFILIATES, PARENTS, SUBSIDIARIES OR LICENSORS ARE RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE BHILD PLATFORM. NEITHER BHILD NOR ITS AFFILIATES, PARENTS, SUBSIDIARIES OR LICENSORS WARRANT THAT THE BHILD PLATFORM IS FREE FROM VIRUSES, WORMS, TROJAN HORSES, OR OTHER HARMFUL COMPONENTS. BHILD AND ITS AFFILIATES, SUBSIDIARIES, PARENTS AND LICENSORS CANNOT AND DO NOT GUARANTEE THAT ANY INFORMATION, PERSONAL OR OTHERWISE, SUPPLIED BY YOU WILL NOT BE MISAPPROPRIATED, INTERCEPTED, DELETED, DESTROYED OR USED BY OTHERS.
d. NO LIABILITY. YOU AGREE NOT TO HOLD BHILD, ITS AFFILIATES, ITS PARENTS, ITS SUBSIDIARIES, ITS LICENSORS, OR ANY OF SUCH PARTIES’ AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, CORPORATE PARTNERS, OR PARTICIPANTS (COLLECTIVELY, “MEMBERS”) LIABLE FOR ANY DAMAGES, EXPENSES, LOSSES, SUITS, CLAIMS, AND/OR CONTROVERSIES (COLLECTIVELY, “LIABILITIES”) THAT HAVE ARISEN OR MAY ARISE, WHETHER KNOWN OR UNKNOWN, RELATING TO YOUR USE OF OR INABILITY TO USE THE BHILD PLATFORM, INCLUDING WITHOUT LIMITATION ANY LIABILITIES ARISING IN CONNECTION WITH THE CONDUCT, ACT OR OMISSION OF ANY USER (INCLUDING WITHOUT LIMITATION STALKING, HARASSMENT, ACTS OF PHYSICAL VIOLENCE, AND LOSS OR DESTRUCTION OF PERSONAL PROPERTY), SERVICES, ANY DISPUTE WITH ANY USER, ANY INSTRUCTION, ADVICE, ACT, OR SERVICE PROVIDED BY BHILD OR MEMBERS, AND ANY DESTRUCTION OF YOUR INFORMATION. UNDER NO CIRCUMSTANCES WILL BHILD OR MEMBERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE BHILD PLATFORM OR ANY SPECIALISTS SERVICES OR MERCHANDISE, EVEN IF SUCH PARTIES WERE OR SHOULD HAVE BEEN ADVISED OF THE POSSIBILITY OF THE SAME. EXCEPT AS EXPRESSLY PERMITTED UNDER THE TERMS OF THE BHILD HAPPINESS GUARANTEE, UNDER NO CIRCUMSTANCES WILL BHILD OR MEMBERS BE LIABLE FOR ANY DIRECT DAMAGES ARISING IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE BHILD PLATFORM OR ANY SPECIALISTS SERVICES OR MERCHANDISE, EVEN IF SUCH PARTIES WERE OR SHOULD HAVE BEEN ADVISED OF THE POSSIBILITY OF THE SAME. EXCEPT AS EXPRESSLY PERMITTED UNDER THE TERMS OF THE BHILDS HAPPINESS GUARANTEE. BHILD AND MEMBERS DO NOT ACCEPT ANY LIABILITY WITH RESPECT TO THE QUALITY OR FITNESS OF ANY WORK PERFORMED IN CONNECTION WITH THE BHILD PLATFORM, THE SPECIALISTS SERVICES, THE MERCHANDISE OR THIS AGREEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN TYPES OF DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IF, NOTWITHSTANDING THE FOREGOING EXCLUSIONS, IT IS DETERMINED THAT BHILD OR MEMBERS ARE LIABLE FOR DAMAGES, IN NO EVENT WILL THE AGGREGATE LIABILITY, WHETHER ARISING IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EXCEED THE LESSER OF (1) TOTAL FEES PAID BY YOU TO BHILD DURING THE SIX (6) MONTHS PRIOR TO THE TIME SUCH CLAIM AROSE. OR (2) THE AMOUNT EXPRESSLY PERMITTED UNDER THE BHILD HAPPINESS GUARANTEE AS SET FORTH IN SECTION 3(d).
e. RELEASE. BHILD AND MEMBERS EXPRESSLY DISCLAIM ANY LIABILITY THAT MAY ARISE BETWEEN USERS OF THE BHILD PLATFORM. TO THE EXTENT THAT THE BHILD PLATFORM CONNECTS A USER TO A THIRD PARTY PROVIDER FOR THE PURPOSES OF PROVIDING OR OBTAINING MERCHANDISE HEREUNDER, BHILD WILL NOT BE RESPONSIBLE FOR ASSESSING THE SUITABILITY, LEGALITY OR ABILITY OF ANY THIRD PARTY PROVIDERS AND YOU EXPRESSLY WAIVE AND RELEASE BHILD FROM ANY AND ALL LIABILITY, CLAIMS OR DAMAGES ARISING FROM OR IN ANY WAY RELATED TO THE THIRD PARTY SERVICE PROVIDER. IN THE EVENT THAT YOU HAVE A DISPUTE WITH ONE OR MORE USERS, YOU RELEASE BHILD AND MEMBERS FROM ANY AND ALL CLAIMS, DEMANDS, OR DAMAGES (ACTUAL, DIRECT OR CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTE. YOU EXPRESSLY WAIVE AND RELEASE ANY AND ALL RIGHTS AND BENEFITS UNDER SECTION 1542 OF THE CIVIL CODE OF THE STATE OF CALIFORNIA (OR ANY ANALOGOUS LAW OF ANY OTHER STATE), WHICH READS AS FOLLOWS: “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 KNOWN BY HIM OR HER, MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
f. ADDITIONAL DISCLAIMER. YOU UNDERSTAND, THEREFORE, THAT BY USING THE BHILD PLATFORM, YOU MAY BE EXPOSED TO SPECIALISTS SERVICES AND/OR MERCHANDISE THAT ARE POTENTIALLY DANGEROUS, OFFENSIVE, HARMFUL TO MINORS, UNSAFE OR OTHERWISE OBJECTIONABLE, AND THAT YOU USE THE BHILD PLATFORM, AND SUCH SPECIALISTS, AT YOUR OWN RISK. NOTHING IN THIS AGREEMENT OR THE BHILD PLATFORM CONSTITUTES, OR IS MEANT TO CONSTITUTE, ADVICE OF ANY KIND. IF YOU REQUIRE ADVICE IN RELATION TO ANY LEGAL, FINANCIAL OR MEDICAL MATTER YOU SHOULD CONSULT AN APPROPRIATE SPECIALISTS. BY USING THE BHILD PLATFORM, YOU AGREE THAT THE EXCLUSIONS AND LIMITATIONS OF LIABILITY SET OUT IN THIS AGREEMENT ARE REASONABLE. IF YOU DO NOT BELIEVE THEY ARE REASONABLE, YOU MUST NOT USE THE BHILD PLATFORM. YOU ACCEPT THAT, AS A CORPORATION, BHILD HAS AN INTEREST IN LIMITING THE PERSONAL LIABILITY OF ITS OFFICERS, DIRECTORS AND EMPLOYEES. YOU AGREE THAT YOU WILL NOT BRING ANY CLAIM PERSONALLY AGAINST BHILD’S OFFICERS, DIRECTORS OR EMPLOYEES IN CONNECTION WITH ANY DISPUTE, LOSS OR DAMAGE. WITHOUT PREJUDICE TO THE FOREGOING, YOU AGREE THAT THE LIMITATIONS OF WARRANTIES AND LIABILITY SET OUT IN THIS AGREEMENT WILL PROTECT THE BHILD’S OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, AFFILIATES, PARENTS, SUBSIDIARIES, SUCCESSORS, ASSIGNS AND SUB-CONTRACTORS AS WELL AS BHILD’S. EACH PARTY ACKNOWLEDGES THAT THE OTHER PARTY HAS ENTERED INTO THIS AGREEMENT RELYING ON THE LIMITATIONS OF LIABILITY STATED HEREIN AND THAT THOSE LIMITATIONS ARE AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES.
You hereby agree to indemnify, defend, and hold harmless bhild, its licensors, and each such party’s directors, officers, parents, subsidiaries, affiliates, members, employees, agents, attorneys, independent contractors and vendors from and against any and all claims, losses, expenses, liabilities, damages or demands (including attorneys’ fees and costs incurred), in connection with or resulting from, directly or indirectly: (i) your use or misuse of or inability to use the bhild Platform, any Merchandise and/or any Specialist Service, (ii) your violation of this Agreement, (iii) your violation of any applicable law or regulation; (iv) your violation of the rights of another (including but not limited to Specialists), and (v) Your Information and content that you submit or transmit through the bhild Platform. Bhild reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to your indemnification. You will not, in any event, settle any such claim or matter without the prior written consent of bhild.
16. Mutual Arbitration Agreement
a. Informal Negotiations. To expedite resolution and reduce the cost of any dispute, controversy or claim, past, present, or future, between you and bhild, including without limitation any dispute or claim related to or arising out of this Agreement (“Dispute”), you and bhild may attempt to negotiate any Dispute informally (the “Informal Negotiations”) before initiating any arbitration or court proceeding. Such Informal Negotiations will commence upon written notice. Your address for any notices under this section is your email address and/or physical address that you have provided to bhild. Bhild’s address for such notices is:
- email@example.com or to
- BHILD LLC
- 747 SW 2nd Ave. IMB 28, Suite 190, Gainesville, FL 32601
b. Arbitration. If a Dispute is not resolved through Informal Negotiations, you and bhild agree to resolve any and all Disputes (except those Disputes expressly excluded below) through final and binding arbitration (“Arbitration Agreement”). This Arbitration Agreement shall be governed by the Federal Arbitration Act and evidences a transaction involving commerce. The arbitration will be commenced and conducted before a single arbitrator under the Commercial Arbitration Rules (the “AAA Rules”) of the American Arbitration Association (“AAA”) and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the AAA website (www.adr.org). Your arbitration fees and your share of arbitrator compensation will be governed by the AAA Rules (and, where appropriate, limited by the AAA Consumer Rules). If you are unable to pay such costs, bhild will pay all arbitration fees and expenses. Each party will pay the fees for his/her or its own attorneys, subject to any remedies to which that party may later be entitled under applicable law. The arbitrator will make a decision in writing. Additionally, the arbitrator, and not any federal, state, or local court or agency, shall have the exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement. However, the preceding sentence shall not apply to the “Class Action Waiver” described in Section d below.
c. Excluded Disputes. You and bhild agree that the following Disputes are excluded from this Arbitration Agreement: (1) any Dispute seeking to enforce or protect, or concerning the validity of, any of your or our intellectual property rights; (2) individual claims in small claims court; (3) any claim that an applicable federal statute expressly states cannot be arbitrated; and (4) any claim for temporary or preliminary injunctive relief on the ground that without such relief the arbitration provided in this Arbitration Agreement may be rendered ineffectual.
d. WAIVER OF RIGHT TO BE A PLAINTIFF OR CLASS MEMBER IN A CLASS ACTION. You and bhild agree to bring any Dispute in arbitration on an individual basis only, and not as a class or collective action. There will be no right or authority for any Dispute to be brought, heard or arbitrated as a class or collective action (“Class Action Waiver”). Regardless of anything else in this Arbitration Agreement and/or the applicable AAA Rules or AAA Consumer Rules, the interpretation, applicability, enforceability or formation of the Class Action Waiver may only be determined by a court and not an arbitrator.
e. Rules/Standards Governing Arbitration Proceeding. A party who wishes to arbitrate a Dispute covered by this Arbitration Agreement must initiate an arbitration proceeding no later than the expiration of the statute of limitations that applicable law prescribes for the claim asserted. The arbitrator shall apply the statute of limitations that would have applied if the Dispute had been brought in court. The arbitrator may award any remedy to which a party is entitled under applicable law, but remedies shall be limited to those that would be available to a party in their individual capacity, and no remedies that otherwise would be available to an individual under applicable law will be forfeited. The arbitrator is without authority to apply any different substantive law. The parties have the right to conduct adequate civil discovery and present witnesses and evidence as needed to present their cases and defenses, and any dispute in this regard shall be decided by the arbitrator. The location of the arbitration proceeding shall take place in the city or county where you reside, unless each party agrees otherwise. A court of competent jurisdiction shall have the authority to enter judgment upon the arbitrator’s decision/award.
f. Severability. You and bhild agree that if any portion of this section entitled “Mutual Arbitration Agreement” is found illegal or unenforceable, that portion will be severed and the remainder of this section 19 will be given full force and effect.
17. Governing Law; Jurisdiction
Except for the Arbitration Agreement in Section 19, which is governed by the Federal Arbitration Act and except as may be prohibited by the law of the State in which you primarily reside, this Agreement is governed and interpreted pursuant to the laws of the State of Florida, United States of America, notwithstanding any principles of conflicts of law. For all Disputes not subject to arbitration, You agree to submit to the personal and exclusive jurisdiction and venue of the courts located within the county of Broward County Florida.
This Agreement may not be assigned or transferred by you without our prior written approval. We may assign or transfer this Agreement without your consent, including but not limited to assignments: (i) to a parent or subsidiary, (ii) to an acquirer of assets, or (iii) to any other successor or acquirer. Any assignment in violation of this section shall be null and void. This Agreement shall inure to the benefit of permitted successors and assigns.
19. General Provisions
All provisions that should by their nature survive the expiration or termination of this Agreement, including without limitation, Sections 8, 10 and 14-24, shall so survive. No agency, partnership, joint venture, employer-employee or franchiser-franchisee relationship is intended or created by this Agreement. A failure by us to enforce any provision(s) of this Agreement will not be construed as a waiver of any provision or right. This Agreement constitutes the entire agreement between you and bhild with respect to its subject matter. If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions will be enforced to the fullest extent possible, and the remaining provisions will remain in full force and effect. You agree that, except as otherwise expressly provided in this Agreement, there shall be no third party beneficiaries to this Agreement. You agree that regardless of any statute or law to the contrary, any Dispute, claim or cause of action arising out of or related to this Agreement must be filed within one (1) year after such Dispute, claim or cause of action arose or be forever barred. All notices provided by a party in connection with this Agreement will be deemed given as of the day they are received either by email, messenger, delivery service, or in the U.S. Mail, postage prepaid, certified or registered, return receipt requested, and addressed as follows: Your address for such notices is your email address and/or physical address that you have provided to bhild.
- Bhild address for such notices is:
- firstname.lastname@example.org and/or by mail to
- BHILD LLC
747 SW 2nd Ave. IMB 28, Suite 190, Gainesville, FL 32601
The captions in this Agreement are solely for convenience and shall not affect the interpretation of this Agreement. This Agreement shall not be modified except in writing signed by both parties or by means of a new posting by bhild, as described below. This Agreement shall be interpreted as if jointly drafted by the parties. Bhild shall have no liability to you for any failure or delay in performing its obligations in this Agreement where such failure or delay is caused by an event or circumstance beyond bhild reasonable control including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, failure of Specialists to perform, flood, fire, explosion, acts of terrorism or accident.
20. Changes to this Agreement
We reserve the right, at our sole and absolute discretion, to change, modify, add to, supplement or delete any of the terms and conditions of this Agreement at any time, effective with or without prior notice. If any future changes to this Agreement are unacceptable to you or cause you to no longer be in compliance with this Agreement, you must terminate, and immediately stop using, the bhild Platform. Your continued use of the bhild Platform following any revision to this Agreement constitutes your complete and irrevocable acceptance of any and all such changes.
These Terms shall be deemed severable. In the event that any provision is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by law, and such determination shall not affect the validity and enforceability of any other remaining provisions.
22. Contact Information
If you have any questions regarding this Agreement, please contact us at email@example.com or by mail the below address:
- Bhild address for such notices is:
- firstname.lastname@example.org and/or by mail to
- BHILD LLC
747 SW 2nd Ave. IMB 28, Suite 190, Gainesville, FL 32601
Last updated: September 17, 2019