Terms and Conditions of Use for Buoy
Effective Date: April 8th , 2024.
Acceptance of the Terms of Use
These terms of use (with any documents expressly incorporated by reference herein, collectively, these “Terms of Use”) are entered into by and between Buoy, LLC, a Virginia limited liability company and its subsidiaries and affiliates (collectively “Buoy”, “We”, “Our”, “Us” or “Company”), and you. These Terms of Use govern your access to and use of Our websites where these Terms of Use are posted, including https://buoyhub.com, and any content, functionality, and associated products and services offered on or through such websites (as applicable, the “Website” or “Site”).
By using the Site, you accept and agree to be bound by and abide by these Terms. By using the Site you acknowledge and agree that:
A. you are at least eighteen (18) years of age or older;
B. you are capable of forming a binding contract with Buoy and have good right, title, and authority to enter into these terms on your own behalf and on behalf of any entity or person whom you purport to represent (which entity shall be considered part of you for purposes of these Terms); and
C. these Terms are effective as of the date you first use the Site, and that these Terms constitute valid and binding obligations enforceable against you.
THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN COURT OR JURY TRIALS OR CLASS ACTIONS AND ALSO LIMIT THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE. CAREFULLY REVIEW THE ARBITRATION SECTION BEFORE YOU AGREE TO THESE TERMS.
If you do not agree to these Terms, you must not use the Services.
Changes to the Terms of Use
We may revise and update these Terms of Use from time to time in Our sole discretion. All changes are effective immediately when We post them and apply to all access to and use of the Website thereafter.
Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.
Your Personal Information
You agree that Buoy may use and maintain your personal information in accordance with Buoy’s Privacy Policy and any changes published by Buoy.
Accessing the Website
You may be required to create an account and specify a password to use certain services or features on the Site. To create an account, you must be at least 18 years old and you must provide truthful and accurate information about yourself (“Registered User”). You are responsible for any activity that occurs through your account. By using the Site as a Registered User, you agree to ensure all the information you provide is correct, current, and complete. If we need to validate your identity, we will request your consent before making any inquiries we deem necessary to validate your identity. Such inquiries may include providing us with further information such as your full name, date of birth, requiring you to take steps to confirm ownership of your email address, or verifying information you provide against third party databases or through other sources. If we are unable to validate your identity, you may not be able to use the Site.In some cases, an account may be assigned to you by an administrator, such as your employer or educational institution. If you are using or logging into an account assigned to you by an administrator, additional terms may apply to your use of the Site. Moreover, your administrator may be able to access or disable your account without our involvement.You may not share your account with anyone else. Please keep your password confidential, and try not to use it on other websites. If you believe that your account has been compromised at any time, please notify your system administrator. You must notify us at support@buoyhub.com immediately of any unauthorized access to or use of your username or password or any other breach of security. It is your responsibility to exit from your account at the end of each session of your use of the Services and to use caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. We reserve the right to withdraw or amend this Website and any service, product, or material We provide on the Website in Our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, We may restrict access to some parts of the Website, or the entire Website, to users, including registered users.
You are responsible for:
- Making all arrangements necessary for you to have access to the Website; and
-Ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and comply with them.
Use of the Site
The Site is owned and provided by Buoy. Buoy hereby grants you a non-exclusive, non-transferable, non-sublicensable, worldwide license to use the Site, in any form it deems fit including such use on a mobile device or desktop platform, subject to the restrictions in these Terms. Buoy expressly reserves any rights not expressly granted herein. You are solely responsible for any hardware, software, and telecommunications necessary to access the Site and Buoy makes no warranty or guarantee that the Site will always be available or will not change.
User-Generated Content
If you submit, upload or post any comments, ideas, suggestions, information, files, images, photos, videos or other materials to us or while using the Site (“User-Generated Content”), you agree not to provide any User-Generated Content that:
A. is defamatory, abusive, libelous, unlawful, obscene, threatening, harassing, fraudulent, pornographic, or harmful, or that could encourage criminal or unethical behavior;
B. violates or infringes the privacy, copyright, trademark, trade dress, trade secrets or intellectual property rights of any person or entity;
C. contains or transmits a virus or any other harmful component. You agree not to contact other site users through unsolicited email, telephone calls, mailings or any other method of communication; or
D. attempts to impersonate another person, including the use of a false email address or any other personal identifier.
Buoy shall have a royalty-free, irrevocable, transferable right and license to use the User-Generated Content however Buoy desires, including without limitation, to copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such User-Generated Content and/or incorporate such User-Generated Content into any form, medium or technology throughout the world. We are and shall be under no obligation (1) to maintain any User-Generated Content in confidence; (2) to pay to you any compensation for any User-Generated Content; or (3) to respond to any User-Generated Content.
We are not obligated to regularly review posted User-Generated Content but we do reserve the right to monitor and edit or remove any User-Generated Content you submit. You grant Buoy the right to use the name that you submit in connection with any User-Generated Content. You are and shall remain solely responsible for the content of any User-Generated Content you post to this website. We take no responsibility and assume no liability for any User-Generated Content submitted by you or any third party. All remarks, suggestions, ideas, graphics or other information that you communicate through the Services will become and remain the property of Buoy.You acknowledge that you have full responsibility for the information you submit.
You also acknowledge that Buoy is NOT liable for any claims that the information you submit violates any laws or infringes the rights of any third party including, without limitation, defamation, right of privacy or publicity, trademark, copyright or consumer protection.
Indemnification
You agree to immediately notify Buoy of and indemnify and hold Buoy, its parents, subsidiaries, affiliates, directors, officers, shareholders, investors, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Site, (including the unauthorized use of your account or any other breach of security attributable to your use of Buoy’s products and services), the violation of these terms by you, or the infringement by you, or another user using your computer, on any intellectual property or other right of any person or entity.
INFORMATIONAL PURPOSES ONLY
THE SERVICES ARE FOR INFORMATIONAL PURPOSES ONLY, AND YOU SHOULD NOT CONSTRUE ANY SUCH INFORMATION OR OTHER MATERIAL AVAILABLE THROUGH THEM AS LEGAL, TAX, INVESTMENT, FINANCIAL, OR OTHER ADVICE. THE INFORMATION AND OTHER MATERIAL AVAILABLE ON THE SITE IS OF A GENERAL NATURE AND DOES NOT ADDRESS THE CIRCUMSTANCES OF ANY PARTICULAR INDIVIDUAL OR ENTITY. YOU ASSUME THE SOLE RISK AND RESPONSIBILITY OF EVALUATING THE INFORMATION AND OTHER MATERIAL AVAILABLE THROUGH THE SERVICES BEFORE MAKING ANY DECISIONS. YOU AGREE NOT TO HOLD US LIABLE FOR ANY DECISION YOU MAKE BASED ON THE INFORMATION OR MATERIALS AVAILABLE ON THE SERVICES.
DISCLAIMER OF WARRANTIES
YOU AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND BUOY (INCLUDING, WITHOUT LIMITATION, ITS PARENTS, AFFILIATES, INDEPENDENT CONSULTANTS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, INVESTORS, SUBCONTRACTORS, DISTRIBUTORS, OR ANY AGENT OF BUOY (COLLECTIVELY, “BUOY THIRD PARTIES”)) ASSUMES NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY OF YOUR COMMUNICATIONS, DATA, OR PERSONALIZATION SETTINGS.
BUOY AND BUOY THIRD PARTIES DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, QUIET ENJOYMENT, TITLE, MERCHANTABILITY OF COMPUTER PROGRAMS AND INFORMATIONAL CONTENT.
NEITHER BUOY NOR ANY BUOY THIRD PARTIES MAKE ANY WARRANTY THAT THE SITE WILL MEET YOUR REQUIREMENTS, OR THAT THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR OR VIRUS FREE; NOR DO BUOY OR ANY BUOY THIRD PARTIES MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SITE OR THAT DEFECTS IN THE SOFTWARE DRIVING THE SITE WILL BE CORRECTED.
YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO A COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. WE DO NOT GUARANTEE THE SECURITY OF THE SITE OR THE PREVENTION FROM LOSS OF, ALTERATION OF, OR IMPROPER ACCESS TO, YOUR ACCOUNT INFORMATION OR DATA, OR THAT THE SITE WILL BE FREE OF VIRUSES, WORMS OR OTHER HARMFUL COMPONENTS.WE MAY MODIFY, SUSPEND, OR DISCONTINUE OFFERING THE SITE EITHER IN GENERAL OR SPECIFICALLY TO YOU AT ANY TIME AND FOR ANY REASON WITHOUT NOTICE OR COMPENSATION TO YOU. THE SITE MAY BECOME UNAVAILABLE DUE TO MAINTENANCE, OUTAGE, OR ANY OTHER REASON
WHATSOEVER. WE MAKE NO REPRESENTATION OR WARRANTY WHATSOEVER RELATING TO OR RESULTING FROM THE USE OR INABILITY TO USE THE SITE, MISTAKES, OMISSIONS, SERVICE INTERRUPTIONS, DELETION OF FILES, LOSS OR MODIFICATION OF CONTENT OR DATA, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, COMMUNICATION FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO ANY SERVER, RECORDS, PROGRAMS, OR SERVICES, WHETHER OR NOT LIMITED TO CIRCUMSTANCES BEYOND OUR CONTROL. THE SITE MAY CONTAIN LINKS TO THIRD-PARTY SITES NOT AFFILIATED WITH US IN ANY WAY. THESE LINKS ARE PROVIDED TO YOU ONLY AS A CONVENIENCE AND ARE NOT UNDER OUR CONTROL. WE ARE NOT RESPONSIBLE FOR THE CONTENTS OF ANY LINKED WEBSITE, OR ANY LINK CONTAINED ON A WEBSITE LINKED THROUGH THE SITE, NOR DO WE ENDORSE ANY THIRD- PARTY WEBSITE TO WHICH WE MAY PROVIDE LINKS. WE MAKE NO REPRESENTATION OR WARRANTY THAT THE INFORMATION PROVIDED VIA THE SITE IS APPROPRIATE OR AVAILABLE FOR USE OUTSIDE THE UNITED STATES. IF YOU CHOOSE TO ACCESS THE SITE FROM OUTSIDE THE UNITED STATES, YOU DO SO ON YOUR OWN INITIATIVE AND ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAWS, IF AND TO THE EXTENT LOCAL LAWS ARE APPLICABLE.
WHATSOEVER. WE MAKE NO REPRESENTATION OR WARRANTY WHATSOEVER RELATING TO OR RESULTING FROM THE USE OR INABILITY TO USE THE SITE, MISTAKES, OMISSIONS, SERVICE INTERRUPTIONS, DELETION OF FILES, LOSS OR MODIFICATION OF CONTENT OR DATA, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, COMMUNICATION FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO ANY SERVER, RECORDS, PROGRAMS, OR SERVICES, WHETHER OR NOT LIMITED TO CIRCUMSTANCES BEYOND OUR CONTROL. THE SITE MAY CONTAIN LINKS TO THIRD-PARTY SITES NOT AFFILIATED WITH US IN ANY WAY. THESE LINKS ARE PROVIDED TO YOU ONLY AS A CONVENIENCE AND ARE NOT UNDER OUR CONTROL. WE ARE NOT RESPONSIBLE FOR THE CONTENTS OF ANY LINKED WEBSITE, OR ANY LINK CONTAINED ON A WEBSITE LINKED THROUGH THE SITE, NOR DO WE ENDORSE ANY THIRD- PARTY WEBSITE TO WHICH WE MAY PROVIDE LINKS. WE MAKE NO REPRESENTATION OR WARRANTY THAT THE INFORMATION PROVIDED VIA THE SITE IS APPROPRIATE OR AVAILABLE FOR USE OUTSIDE THE UNITED STATES. IF YOU CHOOSE TO ACCESS THE SITE FROM OUTSIDE THE UNITED STATES, YOU DO SO ON YOUR OWN INITIATIVE AND ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAWS, IF AND TO THE EXTENT LOCAL LAWS ARE APPLICABLE.
lLIMITATION OF LIABILITY
IN NO EVENT WILL BUOY, ITS PARENTS, SUBSIDIARIES, DIRECTORS, INVESTORS, SHAREHOLDERS, AFFILIATES, OFFICERS AND EMPLOYEES, OR ANY BUOY THIRD PARTIES BE LIABLE TO YOU FOR ANY SPECIAL, EXEMPLARY, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO THOSE FOR LOSS OF PROFITS, REVENUE, OR GOODWILL, USE, DATA OR OTHER INTANGIBLES, WHETHER THE CLAIM IS BASED UPON CONTRACT, BREACH OF WARRANTY, TORT, OR OTHER THEORY, RESULTING FROM OR CONCERNING THE USE OR THE INABILITY TO USE THE SERVICES OR YOUR FAILURE TO COMPLY WITH THESE TERMS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL THE TOTAL AND AGGREGATE LIABILITY OF BUOY OR ANY BUOY THIRD PARTIES FOR ANY CAUSE OF ACTION OR REASON WHATSOEVER EXCEED THE TOTAL AMOUNT OF FEES OR SUBSCRIPTION CHARGES PAID BY YOU TO BUOY. YOUR SOLE AND EXCLUSIVE REMEDY UNDER THESE TERMS IS TO DISCONTINUE THE USE OF THE SITE. THE LIABILITY OF ANY PARTY UNDER THESE TERMS SHALL BE CUMULATIVE AND NOT PER INCIDENT. BUOY DISCLAIMS ALL RESPONSIBILITY FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM, ARISING OUT OF OR ANY WAY RELATED TO:
-ANY ERRORS IN OR OMISSIONS IN THE SITE AND ITS CONTENT, INCLUDING BUT NOT LIMITED TO TECHNICAL INACCURACIES AND TYPOGRAPHICAL ERRORS,
-ANY ERRORS OR OMISSIONS FROM RESULTING FROM YOUR USE OF THE SITE,
-ANY THIRD-PARTY WEBSITES OR CONTENT THEREIN DIRECTLY OR INDIRECTLY ACCESSED THROUGH LINKS IN OUR SITE, INCLUDING BUT NOT LIMITED TO ANY ERRORS IN OR OMISSIONS THEREFROM,
-THE UNAVAILABILITY OF THE SITE OR ANY PORTION THEREOF,
-YOUR USE OF THE SITE AND/OR ANY ERRORS OR OMISSIONS IN DATA ENTRY BY YOU, OR
-YOUR USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH THE SITE.
YOU MUST COMMENCE ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE USE OF THE SITE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
Notices
Unless otherwise provided in these Terms or in another express, written agreement between you and Buoy, notices given by us to you will be given by email. Notices will be sent to the email address you provide to Buoy as part of the registration process, or to updated addresses which you provide to Buoy via notice consistent with this Section. Notices given by you to Buoy must be given by email to support@buoyhub.com or such updated address and number as Buoy may provide you consistently with this notice provision. Notwithstanding anything herein to the contrary, it is your sole responsibility to update your address for notices hereunder, and notice sent to the email address last provided by you to Buoy shall be valid and binding on you regardless of whether such address has been changed, canceled, has expired, has been terminated, or otherwise becomes inoperative.All notices, requests, consents, claims, demands, waivers, and other communications hereunder shall be in writing and shall be deemed to have been given: (a) when delivered by hand (with written confirmation of receipt); (b) when received by the addressee if sent by a nationally recognized overnight courier (return receipt requested); (c) on the date sent by facsimile or email (with confirmation of transmission) if sent during normal business hours of the recipient, and on the next business day if sent after normal business hours of the recipient; or (d) on the third day after the date mailed, by certified or registered mail, return receipt requested, postage prepaid.
GOVERNING LAW; ARBITRATION AGREEMENT
PLEASE READ THIS CAREFULLY AS IT AFFECTS YOUR RIGHTS.These terms shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia without regard to any conflict of laws provisions.
YOU AGREE THAT BY USING THE SERVICES YOU ARE WAIVING THE RIGHT TO A COURT OR JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST BUOY, ITS PARENTS, SUBSIDIARIES, DIRECTORS, INVESTORS, SHAREHOLDERS, AFFILIATES, OFFICERS AND EMPLOYEES, AND THE BUOY THIRD PARTIES ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE, OR COLLECTIVE PROCEEDING. ANY ARBITRATION WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED.
YOU AGREE THAT ANY AND ALL CLAIMS AND DISPUTES ARISING FROM OR RELATING IN ANY WAY TO THE SUBJECT MATTER OF THESE TERMS, YOUR USE OF THE SITE, OR YOUR DEALINGS WITH BUOY SHALL BE FINALLY SETTLED AND RESOLVED THROUGH BINDING INDIVIDUAL ARBITRATION AS DESCRIBED IN THIS SECTION. THIS AGREEMENT TO ARBITRATE IS INTENDED TO BE INTERPRETED BROADLY PURSUANT TO THE FEDERAL ARBITRATION ACT. THE ARBITRATION WILL BE GOVERNED BY THE COMMERCIAL ARBITRATION RULES AND THE SUPPLEMENTARY PROCEDURES FOR CONSUMER RELATED DISPUTES OF THE AMERICAN ARBITRATION ASSOCIATION (“AAA”), AS MODIFIED BY THIS SECTION. THE ARBITRATION WILL BE CONDUCTED USING ONE ARBITRATOR WITH SUBSTANTIAL EXPERIENCE IN RESOLVING COMMERCIAL CONTRACT DISPUTES, WHO SHALL BE SELECTED FROM THE APPROPRIATE LIST OF ARBITRATORS IN ACCORDANCE WITH THE ARBITRATION RULES AND PROCEDURES OF ANY ARBITRATION ORGANIZATION OR ARBITRATOR THAT YOU AND BUOY AGREE UPON IN WRITING OR THAT IS APPOINTED PURSUANT TO SECTION 5 OF THE FEDERAL ARBITRATION ACT.
TO BEGIN AN ARBITRATION PROCEEDING, YOU MUST SEND A LETTER REQUESTING ARBITRATION AND DESCRIBING YOUR CLAIM TO THE AAA AND TO SUPPORT@BUOYHUB.COM. THE AAA’S ADDRESS IS: AMERICAN ARBITRATION ASSOCIATION CASE FILING SERVICES, 1101 LAUREL OAK ROAD, SUITE 100, VOORHEES, NJ 08043 (THE “AAA NOTICE ADDRESS”). YOU MAY ALSO SEND A COPY TO THE AAA ONLINE AT https://www.adr.org.
FOR ANY CLAIM WHERE THE TOTAL AMOUNT OF THE AWARD SOUGHT IS $15,000 OR LESS YOU MUST ABIDE BY THE FOLLOWING RULES: (A) THE ARBITRATION SHALL BE CONDUCTED SOLELY BASED ON TELEPHONE OR ONLINE APPEARANCES AND/OR WRITTEN SUBMISSIONS; AND (B) THE ARBITRATION SHALL NOT INVOLVE ANY PERSONAL APPEARANCE BY THE PARTIES OR WITNESSES UNLESS OTHERWISE MUTUALLY AGREED BY THE PARTIES. IF THE CLAIM EXCEEDS $15,000, THE RIGHT TO A HEARING WILL BE DETERMINED BY THE AAA RULES, AND THE HEARING (IF ANY) MUST TAKE PLACE IN THE STATE OF VIRGINIA, USA. THE ARBITRATOR’S RULING IS BINDING AND MAY BE ENTERED AS A JUDGMENT IN ANY COURT OF COMPETENT JURISDICTION, OR APPLICATION MAY BE MADE TO SUCH COURT FOR JUDICIAL ACCEPTANCE OF ANY AWARD AND AN ORDER OF ENFORCEMENT, AS THE CASE MAY BE.
THERE IS NO JUDGE OR JURY IN ARBITRATION. ARBITRATION PROCEDURES ARE SIMPLER AND MORE LIMITED THAN RULES APPLICABLE IN COURT AND REVIEW BY A COURT IS LIMITED. YOU WILL NOT BE ABLE TO HAVE A COURT OR JURY TRIAL OR PARTICIPATE IN A CLASS ACTION OR CLASS ARBITRATION. YOU UNDERSTAND AND AGREE THAT BY AGREEING TO RESOLVE ANY DISPUTE THROUGH INDIVIDUAL ARBITRATION, YOU ARE WAIVING THE RIGHT TO A COURT OR JURY TRIAL. ANY DISPUTE SHALL BE ARBITRATED ON AN INDIVIDUAL BASIS, AND NOT AS A CLASS ACTION, REPRESENTATIVE ACTION, CLASS ARBITRATION OR ANY SIMILAR PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE THE CLAIMS OF MULTIPLE PARTIES.
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE AGAINST BUOY, ITS PARENTS, SUBSIDIARIES, DIRECTORS, INVESTORS, SHAREHOLDERS, AFFILIATES, OFFICERS AND EMPLOYEES, AND THE BUOY THIRD PARTIES ARISING OUT OF OR RELATING IN ANY WAY TO THESE TERMS, YOUR USE OF THE SITE, OR YOUR DEALINGS WITH BUOY, ITS PARENTS, SUBSIDIARIES, DIRECTORS, INVESTORS, SHAREHOLDERS, AFFILIATES, OFFICERS AND EMPLOYEES, AND THE BUOY THIRD PARTIES MUST BE COMMENCED IN ARBITRATION WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. AFTER THAT ONE (1) YEAR PERIOD, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED. SOME JURISDICTIONS DO NOT ALLOW TIME LIMITATIONS OTHER THAN THOSE SET FORTH IN SUCH STATE’S STATUTE OF LIMITATIONS LAWS. IN SUCH CASES, THE APPLICABLE STATUTE OF LIMITATIONS PROVIDED FOR UNDER THE LAWS OF SUCH STATE SHALL APPLY.
NOTWITHSTANDING ANY PROVISION IN THESE TERMS TO THE CONTRARY, IF THE CLASS-ACTION WAIVER ABOVE IS DEEMED INVALID OR UNENFORCEABLE YOU AGREE THAT YOU SHALL NOT SEEK TO, AND WAIVE ANY RIGHT TO, ARBITRATE CLASS OR COLLECTIVE CLAIMS. IF THE ARBITRATION PROVISION IN THIS SECTION IS FOUND UNENFORCEABLE OR TO NOT APPLY FOR A GIVEN DISPUTE, THEN THE PROCEEDINGS MUST BE BROUGHT EXCLUSIVELY IN THE FEDERAL COURTS LOCATED WITHIN THE STATE OF VIRGINIA, UNITED STATES, AND YOU AGREE TO SUBMIT TO THE PERSONAL JURISDICTION OF THESE COURTS FOR THE PURPOSE OF LITIGATING SUCH CLAIMS OR DISPUTES, AND YOU STILL WAIVE YOUR RIGHT TO A JURY TRIAL, WAIVE YOUR RIGHT TO INITIATE OR PROCEED IN A CLASS OR COLLECTIVE ACTION, AND REMAIN BOUND BY ANY AND ALL LIMITATIONS OF LIABILITY AND DAMAGES INCLUDED IN THESE TERMS. THIS ARBITRATION AGREEMENT WILL SURVIVE TERMINATION OF YOUR USE OF THE SITE AND YOUR RELATIONSHIP WITH BUOY. THIS ARBITRATION AGREEMENT INVOLVES INTERSTATE COMMERCE, AND, THEREFORE, SHALL BE GOVERNED BY THE FEDERAL ARBITRATION ACT, 9 U.S.C. 1–16 (“FAA”), AND NOT BY STATE LAW.
IF YOU WISH TO OPT OUT OF THE AGREEMENT TO ARBITRATE, WITHIN 30 DAYS OF WHEN YOU FIRST USE THE SITE, OR SUBMIT THROUGH THE SITE A REQUEST FOR INFORMATION, YOU MUST SEND US AN EMAIL WITH THE SUBJECT LINE “REQUEST TO OPT-OUT OF AGREEMENT TO ARBITRATE” TO THE FOLLOWING ADDRESS: SUPPORT@BUOYHUB.COM. IN THE EVENT YOU OPT OUT OF THE ARBITRATION PROVISION, YOU AGREE TO LITIGATE EXCLUSIVELY IN THE FEDERAL COURTS LOCATED WITHIN THE STATE OF VIRGINIA, UNITED STATES, AND YOU HEREBY CONSENT AND SUBMIT TO THE PERSONAL JURISDICTION OF SUCH COURTS FOR THE PURPOSES OF LITIGATING ANY SUCH ACTION.
Proprietary and Intellectual Property Rights
The Website and its entire contents, features, and functionality (including but not limited to any and all of our Internet operations, design, content, hardware designs, algorithms, software (in source and object forms), user interface designs, other templates and designs, including, without limitation, templates and designs of goods offered or sold, algorithms, architecture, class libraries, and documentation (both printed and electronic), know-how, good will, moral rights, trade secrets and all other intellectual property rights, and any derivative works, improvements, modifications, enhancements or extensions thereof are protected (“Site Content”) are owned, operated, licensed or controlled by Buoy, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
These Terms of Use grant you a limited, revocable, non-sublicensable right to view the Site Content subject to these Terms. You may not use or copy our trademarks, including but not limited to the Buoy trademark, Buoy name, logos, product and service names, designs, and slogans displayed on the Website, domain names, other intellectual property without our prior written permission. You are prohibited from copying any feature or portion of the Site, or creating a derivative of the Site. You agree not to use, or permit any third party to use, the Site or our content in a manner that violates any applicable law or this Agreement.Site Content may be used under limited circumstances in strict accordance with Our policies and copyright protections. If you wish to make any use of any Site Content other than as set out in this section, please address your request to Support@buoyhub.com.
Prohibited Uses
You may use the Website only for lawful purposes and in accordance with these Terms of Use and not in any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the United States of America or other countries).
Except as explicitly authorized by us, you agree not to:
-Archive, download, reproduce, distribute, modify, display, perform, publish, license, create derivative works from, offer for sale, or use content and information contained on or obtained from or through the Site;
-Circumvent, remove, alter, deactivate, degrade, block, obscure or thwart any of the content protections or other elements of the Site, including the graphical user interface, any advertising or advertising features, copyright notices, and trademarks;
-Use any robot, spider, scraper or other automated means to access the Site or our products and services;
-Decompile, reverse engineer or disassemble any software or other products or processes accessible through the Site;
-Insert any code or product or manipulate the content of the Site in any way;
-Use any data mining, data gathering or extraction method;
-Upload, post, e-mail or otherwise send or transmit any material designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the Site, including any software viruses or any other computer code, files or programs.
You further agree not to use the Website to:
-Display, send, receive, or store obscene or inappropriate content;
-Threaten, harass, stalk, defame, or defraud any person or entity;
-Violate copyright, trademark, or other intellectual property laws;
-Advertise, promote, endorse, or market, directly or indirectly, any third-party commercial products, services, solutions, or other technologies;
-Attempt to collect, store, or publish personally identifiable information (a) without the owner’s knowledge and consent or (b) of a minor under the age of eighteen (18) in any circumstance;
-Distribute unwanted, unsolicited, or harassing mass email or other messages, promotions, advertising, or solicitations (“spam”);
-Send deceptive or false source-identifying information, including “spoofing” or “phishing”;
-Access or use any application, system, service, tool, data, account, network, or content without authorization or for unintended purposes;
-Disable, disrupt, circumvent, interfere with, or otherwise violate the security of the Website;
-Attack, abuse, interfere with, intercept, disrupt, or exploit any users, systems, or services, regardless of how accomplished and notwithstanding anything to the contrary in these Terms of Use, including but not limited to Denial of Service (DoS), monitoring, crawling, spamming, using bots or scripts, or distributing malware (such as viruses, Trojan horses, worms, spyware, or adware);
-Engage in or promote any illegal or criminal activity such as child pornography, gambling, or piracy; or
-Authorize, permit, enable, induce, or encourage any third party to do any of the above.
If you violate these Terms of Use or are engaged in illegal or fraudulent use of the Site, your access to the Site may be terminated or restricted immediately and without notice.
Copyright InfringementI
If you believe that your copyright or other rights have been infringed, please provide Our designated agent at the address below a written notice with the following information:
-An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other interest;A description of the copyrighted work or other work that you claim has been infringed;
-A description of where the material that you claim is infringing is located on Our sites, networks or other repositories;Your address, telephone number, and email address;
-A written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
-A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Our designated agent for claims of copyright infringement may be contacted at:
Support@buoyhub.com
Changes to the Website
We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and We are under no obligation to update such material.
Waiver and Severability
If any provision of these Terms of Use is found to be invalid or unenforceable, that provision will be struck and the remaining provisions will remain in full effect.If you or others violate these Terms of Use and Buoy takes no immediate action, this in no way limits or waives Our rights, such as Our right to take action in the future or in similar situations.
Entire Agreement
These Terms of Use constitute the sole and entire agreement between you and Buoy regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website.
Your Comments and Concerns
All other feedback, comments, requests for technical support, and other communications relating to the Website should be directed to:
Buoy 5309 Commonwealth Centre Parkway,
Midlothian VA 23112
