BBSD

Last Updated: August 28, 2018

These terms of service constitute a legally binding agreement (the “Agreement”) between you and BBSD, LLC. (“BBSD,” “we,” “us” or “our”) governing your use of the BBSD application, website, and technology platform (collectively, the “BBSD Platform”). 

Please be advised: This Agreement contains provisions that govern how claims you and BBSD have against each other can be brought. These provisions will, with limited exception, require you to submit claims you have against BBSD to binding and final arbitration on an individual basis, not as a plaintiff or class member in any class, group or representative action or proceeding. As a bartender or event host, you have an opportunity to opt out of arbitration with respect to certain claims as provided in. 

By entering into to this Agreement, and/or by using or accessing the BBSD platform you expressly acknowledge that you understand this Agreement and accept all of its terms. If you do not agree to be bound by the terms and conditions of this Agreement, you may not use or access the BBSD Platform. 

The BBSD Platform

BBSD is a marketplace to connect Event Hosts in need of a screened professional bartenders for their event.  Event Hosts provide the alcohol and all supplies for the bartender.  The bartender arrives on time, professionally dressed and ready to make the next event a success. Bartenders and Event Hosts are collectively referred to herein as “Users,” and each User shall create a User account that enables access to the BBSD Platform. Each person may only create one User account, and BBSD reserves the right to shut down any additional accounts. As a User, you authorize BBSD to match you with an Event Host or Bartender based on factors such as event location, experience of bartender, user preferences, platform efficiency, and to cancel an existing match and rematch based on the same considerations. For purposes of this Agreement, the bartending services provided by bartenders to Event Hosts that are matched through the Platform shall be referred to collectively as the “Services”. Any decision by a User to offer or accept Services is a decision made in such User’s sole discretion. Each bartending service provided by a Bartender to an Event Host shall constitute a separate agreement between such persons. 

Modification to the Agreement

In the event BBSD modifies the terms and conditions of this Agreement, such modifications shall be binding on you only upon your acceptance of the modified Agreement. BBSD reserves the right to modify any information referenced in the hyperlinks from this Agreement from time to time, and such modifications shall become effective upon posting. Continued use of the BBSD Platform or Services after any such changes shall constitute your consent to such changes. Unless material changes are made to the arbitration provisions herein, you agree that modification of this Agreement does not create a renewed opportunity to opt out of arbitration (if applicable). 

Eligibility

The BBSD Platform may only be used by individuals who can form legally binding contracts under applicable law. The BBSD Platform is not available to persons under the age of 21 or Users who have had their User account temporarily or permanently deactivated. By becoming a User, you represent and warrant that you are at least 21 years old and that you have the right, authority and capacity to enter into and abide by the terms and conditions of this Agreement. You may not allow other persons to use your User account, and you agree that you are the sole authorized user of your account. 

Disclaimers

The following disclaimers are made on behalf of BBSD, our affiliates, subsidiaries, parents, successors and assigns, and each of our respective officers, directors, employees, agents, and shareholders. 

BBSD does not provide bartending services, and BBSD is not a bartender. It is up to the Bartender to decide whether or not to offer a bartending services to an Event Host contacted through the BBSD Platform, and it is up to the Event Host to decide whether or not to accept bartending services from any Bartender contacted through the BBSD Platform. We cannot ensure that a Bartender or Event Host will complete an arranged service. We have no control over the quality or safety of the bartending that occurs as a result of the Services. 

The BBSD Platform is provided on an “as is” basis and without any warranty or condition, express, implied or statutory. We do not guarantee and do not promise any specific results from use of the BBSD Platform and/or the Services, including the ability to provide or receive Services at any given location or time. To the fullest extent permitted by law, we specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. 

We do not warrant that your use of the BBSD Platform or Services will be accurate, complete, reliable, current, secure, uninterrupted, always available, or error- free, or will meet your requirements, that any defects in the BBSD Platform will be corrected, or that the BBSD Platform is free of viruses or other harmful components. We disclaim liability for, and no warranty is made with respect to, connectivity and availability of the BBSD Platform or Services. 

We cannot guarantee that each Event Host is who he or she claims to be. Please use common sense when using the BBSD Platform and Services, including looking at the photos of the Bartender or Event Host you have matched with to make sure it is the same individual you see in person. Please note that there are also risks of dealing with underage persons or people acting under false pretense, and we do not accept responsibility or liability for any content, communication or other use or access of the BBSD Platform by persons under the age of 21 in violation of this Agreement. We encourage you to communicate directly with each potential Bartender or Event Host prior to engaging in an arranged service. 

BBSD is not responsible for the conduct, whether online or offline, of any User of the BBSD Platform or Services. You are solely responsible for your interactions with other Users. By using the BBSD Platform and participating in the Services, you agree to accept such risks and agree that BBSD is not responsible for the acts or omissions of Users on the BBSD Platform or participating in the Services. 

You are responsible for the use of your User account and BBSD expressly disclaims any liability arising from the unauthorized use of your User account. Should you suspect that any unauthorized party may be using your User account or you suspect any other breach of security, you agree to notify us immediately. 

It is possible for others to obtain information about you that you provide, publish or post to or through the BBSD Platform (including any profile information you provide), send to other Users, or share during the Services, and to use such information to harass or harm you. We are not responsible for the use of any personal information that you disclose to other Users on the BBSD Platform or through the Services. Please carefully select the type of information that you post on the BBSD Platform or through the Services or release to others. We disclaim all liability, regardless of the form of action, for the acts or omissions of other Users (including unauthorized users, or “hackers”). 

Opinions, advice, statements, offers, or other information or content concerning BBSD or made available through the BBSD Platform, but not directly by us, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. Under no circumstances will we be responsible for any loss or damage resulting from your reliance on information or other content posted by third parties, whether on the BBSD Platform or otherwise. We reserve the right, but we have no obligation, to monitor the materials posted on the BBSD Platform and remove any such material that in our sole opinion violates, or is alleged to violate, the law or this agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Users or others. 

BBSD advises you to use the BBSD Platform with a data plan with unlimited or very high data usage limits, and BBSD shall not responsible or liable for any fees, costs, or overage charges associated with any data plan you use to access the BBSD Platform. 

Indemnity

You will defend, indemnify, and hold BBSD including our affiliates, subsidiaries, parents, successors and assigns, and each of our respective officers, directors, employees, agents, or shareholders harmless from any claims, actions, suits, losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of the BBSD Platform and participation in the Services, including: (1) your breach of this Agreement or the documents it incorporates by reference; (2) your violation of any law or the rights of a third party, including, Bartenders and Event Hosts as a result of your own interaction with such third party; (3) any allegation that any materials that you submit to us or transmit through the BBSD Platform or to us infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party;  (4) any other activities in connection with the Services. This indemnity shall be applicable without regard to the negligence of any party, including any indemnified person. 

Limitation of Liability

In no event will BBSD, including our affiliates, subsidiaries, parents, successors and assigns, and each of our respective officers, directors, employees, agents, or shareholders (collectively “BBSD” for purposes of this section), be liable to you for any incidental, special, exemplary, punitive, consequential, or indirect damages (including damages for deletion, corruption, loss of data, loss of programs, failure to store any information or other content maintained or transmitted by the BBSD Platform, service interruptions, or for the cost of procurement of substitute services) arising out of or in connection with the BBSD Platform, the Services, or this Agreement, however arising including negligence, even if we or our agents or representatives know or have been advised of the possibility of such damages. The BBSD Platform may be used by you to request bartending services but you agree that BBSD has no responsibility or liability to you related to any goods or other services provided to you by third party providers other than as expressly set forth in this agreement. Certain jurisdictions may not allow the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions or limitations may not apply to you, and you may have additional rights. 

Term and Termination

This Agreement is effective upon your creation of a User account. This Agreement may be terminated: a) by User, without cause, upon seven (7) days’ prior written notice to BBSD; or b) by either Party immediately, without notice, upon the other Party’s material breach of this Agreement, including but not limited to any breach of Section 9 or breach of Section 10(a) through (i) of this Agreement. In addition, BBSD may terminate this Agreement or deactivate your User account immediately in the event: (1) you no longer qualify to provide Services or to operate the approved vehicle under applicable law, rule, permit, ordinance or regulation; (2) you fall below BBSD’s star rating or cancellation threshold; (3) BBSD has the good faith belief that such action is necessary to protect the safety of the BBSD community or third parties, provided that in the event of a deactivation pursuant to (1)-(3) above, you will be given notice of the potential or actual deactivation and an opportunity to attempt to cure the issue to BBSD’s reasonable satisfaction prior to BBSD permanently terminating the Agreement. For all other breaches of this Agreement, you will be provided notice and an opportunity to cure the breach. If the breach is cured in a timely manner and to BBSD’s satisfaction, this Agreement will not be permanently terminated. Sections 2, 6, 7 (with respect to the license), 11-12, 14-19, and 21 shall survive any termination or expiration of this Agreement.