Bennington Brookstone Terms and Conditions
Last Updated: July, 2024
It’s important that you review and understand these terms before engaging our agency and using our services. If you don’t agree to these terms, don’t accept them, become a client, or use our services.
PLEASE READ THESE TERMS OF SERVICE CAREFULLY. ONCE ACCEPTED, THESE TERMS OF SERVICE, IN COMBINATION WITH OUR PRIVACY POLICY (COLLECTIVELY THE “TERMS”), BECOME A BINDING LEGAL COMMITMENT BETWEEN YOU (OR THE BUSINESS ENTITY THAT YOU REPRESENT) AND BENNINGTON BROOKSTONE, INC AND ITS RESPECTIVE OFFICERS, DIRECTORS, SUCCESSORS AND ASSIGNS (HEREINAFTER REFERRED TO AS “BBSTONE,” “WE” OR “US”) AND WILL GOVERN YOUR ACCESS TO AND USE OF OUR SERVICES AND ALL OTHER INTERACTIONS WITH BBSTONE.
IF YOU DO NOT AGREE TO THESE TERMS, YOU SHOULD NOT ACCEPT THEM, BECOME A CLIENT, OR USE OUR SERVICES.
BBStone reserves the right to make changes to these Terms at any time. All changes are effective immediately when posted. Your continued use of our Services following the posting of any revised Terms constitutes your acceptance and agreement to the updated Terms.
You should consult a lawyer for legal advice to ensure your use of our Services complies with these Terms and applicable law.
1. Use of BBStone’s Services
1.1. Age Restrictions. You must be at least 18 years old to use our Services. By accepting these Terms, becoming a client, or using our Services, you represent that you are at least 18 years old.
1.2. Client Account. Your use of our Services is conditioned on your provision of complete, current, and accurate information when becoming a client. Our Services are intended for business use or in connection with an individual’s trade, craft, or profession. As the individual who accepts these Terms, You are the primary contact for the client account unless You are acting on behalf of a business entity, in which case, the business entity is the client.
1.3. Intended Use. You and your customers may use our Services only as intended for lawful purposes and in accordance with these Terms. You agree that You and Your customers will not use our Services in any way that violates any applicable law or regulation.
1.4. Privacy. By using our Services and providing Information to us, you consent to BBStone’s use and disclosure of the Information in accordance with our Privacy Policy. You must implement and enforce your own Privacy Policy, providing the level of protection at least equal to that provided to you by BBStone.
1.5. Login Credentials. You are responsible for maintaining the confidentiality of your Login Credentials. You are responsible for all uses of your client account and Login Credentials, whether or not authorized by you.
1.6. Use of Communication Services. Our Services may include certain communications features such as SMS, MMS, email, voice call capabilities and other methods. If You use these features, You agree that You are exclusively responsible for all communications sent using our Services, including compliance with all laws governing those communications such as the Telephone Consumer Protection Act (“TCPA”) and the CAN-SPAM Act. BBStone is a service provider ONLY. BBStone does not originate, send, or deliver any communications to any recipient via SMS, MMS, email, or other communication method.
1.7. Third Party Services. Our Services may leverage or include access to Third Party Services. BBStone is not responsible for the usability or accessibility of Third Party Services. BBStone disclaims all liability related to outages or downtime of Third Party Services.
1.8. Third Party Content. Our Services may include Third Party Content. Your use of Third Party Content is entirely at your own risk and discretion. BBStone is not responsible for Third Party Content and makes no endorsements, representations or warranties and assumes no liability, obligation or responsibility for Third Party Content.
1.9. Customizations. Portions of our Services may be customized for you, incorporating your name, logo, trademark, and color scheme. You are solely responsible for copyright, trademark or other intellectual property concerns connected with you, your brand, your marketing and advertising.
1.10. Excessive Use Restrictions. We provide access to our Services on a tiered-pricing basis. If, in BBStone’s sole discretion, we determine that your data use is excessive, abusive, or has a negative effect on our Services in any way, we may (1) require that you upgrade your Services, (2) suspend or terminate your use of our Services, and/or (3) reduce the amount of data you are able to use.
1.11. Service Updates. BBStone reserves the right to make updates or changes to our Services at any time, including changes that may affect the previous mode of operation of our Services.
2. Payment
2.1. Fees. Your use of our Services is subject to the timely payment of all Fees. Fees may change from time to time. All Fees are exclusive of Communication Surcharges. You will pay all Communications Surcharges associated with your use of our Services. All Fees and Communications Surcharges are nonrefundable.
2.2. Payment Responsibility. The client, including its owners and shareholders, is fully responsible for all payments due to BBStone. In the event of non-payment, BBStone reserves the right to pursue all legal remedies to recover the amounts owed. Owners and shareholders may be held jointly and severally liable for any outstanding debts to BBStone.
2.3. Taxes. You are exclusively responsible for taxes and other governmental assessments (“Taxes”) associated with your use of our Services, including all Taxes associated with transactions you conduct with your customers.
2.4. Overdue Amounts. If, for any reason, your credit card company declines or otherwise refuses to pay the amount owed for the Services you have purchased, you agree that we may suspend or terminate your use of our Services.
2.5. No Refunds or Credits. All Fees assessed by BBStone are non-refundable. You are solely responsible for any excess Fees incurred by You as a result of an error or omission made by You or a third party.
3. Intellectual Property
3.1. BBStone Content. Our Services and associated content are the property of BBStone or its licensors and are protected by copyright, trademark and other intellectual property laws.
3.2. User Contributions. You grant BBStone, our service providers and each of their licensees, successors, and assigns the perpetual right to use, reproduce, modify, perform, display, distribute, and otherwise disclose User Contributions to third parties for any purpose.
4. Disclaimers
OUR SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (A) OUR SERVICES WILL MEET YOUR REQUIREMENTS, (B) OUR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF OUR SERVICES WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (D) THE QUALITY OF OUR SERVICES WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS.
5. Limitation of Liability, Indemnification, and Mitigation
Your exclusive remedy and our entire liability, if any, for any claims arising out of these Terms and your use of our Services shall be limited to the amount you paid us for Services during the three (3) month period before the act giving rise to the liability.
IN NO EVENT SHALL BBSTONE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND.
6. Third-Party Software and Tools
6.1. BBStone may use various third-party software, tools, platforms and services to deliver our solutions.
6.2. While we strive to select reliable partners, we cannot guarantee the performance, security or availability of these third-party products.
6.3. Any issues, disputes, or service interruptions related to these third-party tools are solely between the client and the third-party provider.
6.4. BBStone does not assume responsibility for the functionality, support, or any problems arising from the use of these third-party services.
7. Term and Termination
These Terms will remain in full force and effect so long as you remain a client of BBStone. BBStone, in its sole discretion, may suspend or terminate your access to our Services (or any part thereof) for any reason, with or without notice, and without any liability to you or to any third party for any claims, damages, costs or losses resulting therefrom.
8. Applicable Law, Binding Arbitration, and Class Action Waiver
The laws of the State of [Your State] will govern these Terms of Service and any disputes under them, without giving effect to any principles of conflicts of laws.
Any controversy or claim arising out of or relating to these Terms shall be exclusively settled by arbitration administered by the American Arbitration Association in accordance with Commercial Arbitration Rules, then in effect.
9. Definitions
“Communication Surcharges” means any applicable communications service or telecommunication provider fees or surcharges related to your use of our Services.
“Fees” means any fees associated with our Services, including but not limited to the monthly subscription services fee and any fees associated with add-in Services that you may purchase.
“Services” means any services, training, content, functionality, communication channels, and software or other features offered to clients by BBStone through our website, mobile application, or other means.
“Third Party Services” means any services or other features owned and provided by a third party vendor that BBStone makes available to You as part of our Services.
10. Contact Us
If you have any questions about these Terms, please contact us at info@bbrookstone.com.
