Terms & Conditions

Effective Date: August 7, 2015 IMPORTANT — READ CAREFULLY BEFORE USING THIS SOFTWARE: THESE TERMS OF SERVICE (‘‘Terms’’) AS SET FORTH IN THIS TERMS OF SERVICE AGREEMENT (“Agreement”), AS AMENDED FROM TIME TO TIME, ARE A BINDING CONTRACT BETWEEN YOU, WHETHER PERSONALLY OR ON BEHALF OF AN ENTITY (‘‘you’’) AND STAND STRONG USA, INC dba BE STRONG. (‘‘BSOG’’, or ‘‘we’’). BE STRONG. (STAND STRONG USA, INC dba BE STRONG) IS A FLORIDA NOT FOR PROFIT CORPORATION AND THESE TERMS ARE GOVERNED BY THE LAWS OF THE STATE OF FLORIDA. BSOG’S USE OF PERSONAL INFORMATION YOU PROVIDE TO BSOG AND USAGE DATA IS GOVERNED BY THE BE STRONG PRIVACY POLICY (“Privacy Policy”) AT https://bestrong.global/privacy/. YOU MUST READ AND AGREE TO THE PRIVACY POLICY AND THESE TERMS GOVERNING YOUR USE AS A “USER” AND COLLECTIVELY WITH OTHERS, AS “USERS” OF BSOG’S BSOG SERVICES, INCLUDING THE BESTRONG.GLOBAL/ WEBSITE (THE ‘‘WEBSITE’’), THE BE STRONG – STOP BULLYING | RESOURCES, SUPPORT & INTERVENTION FOR ANTI-BULLYING MOBILE APPLICATIONS, FEATURES OR FUNCTIONALITY AND SOFTWARE (COLLECTIVELY, THE ‘‘BSOG SERVICES’’), BEFORE USING THE BSOG SERVICES. BY INSTALLING, OR OTHERWISE USING THE BSOG SERVICES, YOU AGREE TO THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT INSTALL OR OTHERWISE USE THE BSOG SERVICES. The BSOG Services provides a set of digital tools that allow Users to access the Website and use certain mobile phone, portable computing device and online applications that connects people of all ages with one-touch resources such as a bullying lifeline, suicide lifeline, text line, and trusted friends alert, an information portal, increased access to social resources as well as a growing team of volunteers prepared to spread the message of help and understanding to young people in need. The BSOG Services allow Users to share that information electronically with other users and/or post their information to the Website. The BSOG Services are hosted in the United States by Be Strong, Inc, a nonprofit organization determined to provide resources to end bullying, help teens facing depression and save lives among the youth of America. As such the BSOG Services are provided to encourage Users to freely exercise, share and develop their ability to deal with and resolve issues involving depression, anxiety, and many other psychological problems, including fear, that can result from school violence. BSOG does not support content of any kind that promotes or condones violence against individuals or groups based on race or ethnic origin, religion, disability, gender, age, nationality, veteran status, or sexual orientation/gender identity, or whose primary purpose 2 is inciting hatred on the basis of these core characteristics. If the primary purpose of any online communication or content you provide or participate in is to attack a protected group, the content crosses the line and will be removed. Use of the Website and/or BSOG Services is also subject to BSOG’s Privacy Policy available at https://bestrong.global/privacy/, which explains how BSOG collects and uses your information. You may opt out of future emails about our Website or the BSOG Services by following instructions in our Privacy Policy, on our Website, or contained in an email that you receive from us. We reserve the right, however, to email you important information relating to your account in accordance with Section 11 below, including copyright or regulatory communications. 1. Eligibility. By using the BSOG Services, you represent, warrant and affirm that: (a) you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in the Terms in this Agreement, and to abide by and comply with the Terms; (b) all registration information you submit is truthful and accurate, including your personal identity; (c) you will maintain the accuracy of such information; (c) your use of the BSOG Services does not violate any applicable law or regulation; and (d) you are over the age of 13, as the BSOG Services are not intended for children under 13. If you are under 13 years of age, then please do not use the BSOG Services. There are many other excellent web sites available for you. Discuss with your parents which sites are appropriate for you. 2. User Representations and Warranties. You are entirely responsible for the content of, and any harm resulting from, your postings to the interactive portions of the Website or your digital information uploaded or submitted via a mobile phone or other portable computing device through the BSOG Services as user-generated content (“User-generated Content”) which may include video presentations with accompanying audio and/or graphics containing your name, voice, likeness, personal information and related personal property (your “Persona”), or containing User Content created by third parties you combine, “mashup”, edit, share, communicate to other Users, upload, post, submit or otherwise contribute via the BSOG Services (each a “Contribution”, and collectively, ‘‘Contributions’’). When you create or make available a Contribution, you thereby represent and warrant that: (a)  the creation, distribution, transmission, public display and performance, accessing, downloading and copying of your Contribution does not and will not violate your   right of publicity or infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights of any third party; (b) you have fully complied with any third-party licenses relating to your Contribution, and have done all things necessary to successfully pass through to viewers any required terms; (c) your Contribution does not contain any viruses, worms, Trojan horses, malicious code or other harmful or destructive content; (d) your Contribution is not obscene, lewd, lascivious, pornographic, excessively violent, harassing or otherwise objectionable, libelous or slanderous, does not advocate the violent overthrow of the government of the United States, does not incite, encourage or threaten immediate physical harm against another, does not violate any applicable law, regulation, or rule, and does not violate the privacy or publicity rights of any third party; (e) your Contribution does not contain material that solicits personal information from anyone under 18 or exploits people under the age of 18 in a 3 sexual or violent manner, and does not violate any federal or state law concerning child pornography or otherwise intended to protect the health or wellbeing of minors; (f) if your employer has rights to publicity rights in your Persona or intellectual property you create, you have either (i) received permission from your employer to make available the Contribution, or (ii) secured from your employer a waiver as to all rights in or to your Contribution; (g) your Contribution does not violate any state or federal law designed to regulate electronic advertising; (h) your Contribution does not amount to trolling, or the making of controversial statements for the sole purpose of generating responses by others; (i) your Contribution does not constitute, contain, install or attempt to install or promote spyware, malware or other computer code, whether on BSOG’s or others computers or equipment, designed to enable you or others to gather information about or monitor the online or other activities of another party; (j) your Contribution does not inundate the BSOG Services with communications or other traffic suggesting no serious intent to use the BSOG Services for its stated purpose; (k) your Contribution does not otherwise violate, or link to material that violates, any provision of this Agreement or any applicable law or regulation; and (l) your Contribution does not contain pictures, data, audio or visual files, or any other content that is excessive in size, as determined by BSOG in its sole discretion. 3. Prohibited Activities. You may not access or use the BSOG Services for any other purpose other than that for which BSOG makes them available. Certain activities, even if legal, may violate the common rules of etiquette and moral principles of an antibullying based Website governing Contributions, as determined by BSOG in BSOG’s sole discretion. Prohibited activity includes, but is not limited to: (a) criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, copyright infringement, patent infringement, trademark infringement, or theft of trade secrets; (b) advertising to, or solicitation of, any User to buy or sell any products or services; (c) transmitting chain letters or junk email to other Users; (d) using any information obtained from the BSOG Services in order to contact, advertise to, solicit, or sell to any User without their prior explicit consent; (e) engaging in any automated use of the systems operated by the BSOG Services, such as using scripts to add friends or send comments or messages; (f) interfering with, disrupting, or creating an undue burden on the BSOG Services or the networks or services connected to the BSOG Services; (g) attempting to impersonate another User or person; (h) using the identity, Persona or User name of another User; (i) selling or otherwise transferring your profile; (j) using any information obtained from the BSOG Services in order to harass, abuse, or harm another person; (k) displaying an advertisement, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity on or through the BSOG Services on behalf of that person, such as posting a Contribution with a commercial purpose; and (l) using the BSOG Services in a manner inconsistent with any and all applicable laws and regulations. 4.Passwords. When you create an account with BSOG (“User Account”), you will be asked to supply a password. You must keep your password confidential, and are responsible for all use of your password and User Account. 5. Ownership Rights; License Rights; User Contributions (a) Ownership of Your Contributions. Unless otherwise provided by written agreement with BSOG, you retain ownership of your rights in any Contribution you post to the Website or through the BSOG Services, subject to the nonexclusive rights that you grant to us as described in this Agreement. (b) Your License to BSOG. You hereby grant BSOG, Stand Strong USA, Inc dba Be Strong, a world-wide, royalty-free, freely transferable, freely sub licensable (through unlimited levels of sublicense), non-exclusive license to use, reproduce, modify, transmit, distribute, publicly perform and display (including in each case by means of a digital video and audio transmission), advertise in, on, and around, and create derivative works of any of your Contributions, in any form, media, or technology now known or later developed. You also hereby waive any moral rights you may have in such Contributions under the laws of any jurisdiction. We may (but are not obligated to) display your Contributions, including your username. (c) Your License to Other Users: You further grant all Users of the BSOG Services permission to view your Contributions for their personal, non-commercial purposes. The foregoing licenses are in addition to any license you may decide to grant (e.g., a Creative Commons license). (d) Duration of Licenses: The above licenses will continue for each Contribution unless and until you remove the Contribution from the BSOG Services or Website, in which case the licenses will terminate within a commercially reasonable period of time. Notwithstanding the foregoing, the license for legal archival/preservation purposes will continue indefinitely. Please note that any removed Contribution may be cached in search engine indices after removal and that BSOG has no control over such caching (e) Your Right to Terminate the License. If you want BSOG to stop presenting your Contribution, simply send us written notice to stop distributing such materials (“Contribution Termination Notice”), in which event we will stop distributing the materials within 60 days of receipt of your Contribution Termination Notice. Your Notice must be signed by you, include your telephone number and email address, and be sent by first class mail, postage prepaid, to Be Strong,692B South Military Trail, Deerfield Beach, FL 33442 Attn: Be Strong DMCA Copyright Agent. In addition, the Contribution Termination Notice must clearly identify the Contribution at issue, describe the specific use of the Contribution you wish to end, and contain statements that you own or have an exclusive right to the Contribution and that all the information in the Contribution Termination Notice is true in the same manner as required for the DMCA Copyright Notice in Secton 9 below. (f) BSOG Licenses and Ownership: All content created or generated by Users as a Contribution, as well as all content created or generated by BSOG, which content is provided through the BSOG Services or the Website, including without limitation, audio, video, text, visual arts, graphics, sound recordings, animation, music recordings, digital files containing content that can be displayed on the BSOG Services, with or without accompanying sound or audio, which content may be fixed, recorded, stored or transmitted in any medium now existing or later developed (‘‘Materials’’) and the trademarks, service marks and logos contained therein (‘‘Marks’’), are owned by or licensed to BSOG, and are protected by copyright, trademark and other intellectual property rights under United States of America and foreign laws and international conventions. All software and mobile applications provided by BSOG is protected by the copyright laws of the United States of America and international copyright treaties. Materials provided to you through the BSOG Services and on the Website are provided to you AS IS, WHERE IS, WITH ALL FAULTS, for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. BSOG reserves all rights not expressly granted in and to the Materials and the Marks. BSOG reserves the right to remove any content without prior notice. You agree to not engage in the use, copying, or distribution of any of the Materials other than as expressly permitted by BSOG, including any use, copying, or distribution of third parties’ content obtained through the BSOG Services for any commercial purposes. If you download or print a copy of the Materials for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the BSOG Services or features that prevent or restrict use or copying of any Materials or enforce limitations on use of the BSOG Services or the Materials therein. 6. BSOG’s Right to Manage the BSOG Services and Terminate Users. (a) BSOG’s Management of the BSOG Services. BSOG does not endorse any Contribution or User-generated Content submitted to the BSOG Services by any User or other licensor, or any opinion, recommendation, or advice expressed therein, and BSOG expressly disclaims any and all liability in connection with any Contribution or such content. BSOG reserves the right but does not have the obligation to: (i) monitor the BSOG Services for violations of this Agreement; (ii) take appropriate legal action against anyone who, in BSOG’s sole discretion, violates this Agreement, including without limitation, reporting you to law enforcement authorities; (iii) in BSOG’s sole discretion and without limitation, refuse, restrict access to or availability of, or disable (to the extent technologically feasible) any User’s Contribution or any portion thereof that may violate this Agreement or any BSOG policy; (iv) in BSOG’s sole discretion and without limitation, notice or liability to remove from the BSOG Services or otherwise disable all files and content that are excessive in size or are in any way burdensome to BSOGs systems; (v) terminate the User Account(s) of repeat infringers; and (vi) to otherwise manage the BSOG Services in a manner designed to protect the rights and property of BSOG and others and to facilitate the proper functioning of the BSOG Services. (b) BSOG’s Right to Terminate Users. WITHOUT LIMITING ANY OTHER PROVISION OF THIS AGREEMENT, BSOG RESERVES THE RIGHT TO, IN BSOG’S SOLE DISCRETION AND WITHOUT NOTICE OR 6 LIABILITY, DENY ACCESS TO AND USE OF THE BSOG SERVICES, TO ANY PERSON FOR ANY REASON OR FOR NO REASON AT ALL, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY OR COVENANT CONTAINED IN THIS AGREEMENT, OR OF ANY APPLICABLE LAW OR REGULATION. 7. Term. This Agreement shall remain in full force and effect while you use the BSOG Services or have a User Account. You may terminate your use or participation at any time, for any reason, by following the instructions on BSOG User support services home page at https://bestrong.global/support/. Pursuant to Section 6.2 above, BSOG may terminate your use or participation at any time, without warning. Even after your use and participation is terminated, this Agreement will remain in effect, including sections 1, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15 and 16. 8. Noncommercial Use by Users. The BSOG Services are for the personal use of Users only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by BSOG. You shall not do the following without the express written consent of BSOG: (a) make any unauthorized use of the BSOG Services, including collecting Usernames and/or email addresses of Users by electronic or other means for the purpose of sending unsolicited email; and (b) engage in unauthorized framing of or linking to the Website without reference or attribution to DIGITAL BRIDGE as the provider of the BSOG Services. 9. Copyright Policy. BSOG respects the intellectual property rights in creative works and of those who create them, and takes violations of those rights seriously and expects Users of the BSOG Services to do the same. BSOG does not permit copyright infringing activities and infringement of intellectual property rights on the BSOG Services, and BSOG will remove any content if properly notified under the procedures referenced in this Section 9 that such content infringes upon another’s intellectual property rights. In appropriate circumstances and at BSOG’s discretion, it is also the policy of BSOG to disable and/or terminate the User Accounts of Users who repeatedly infringe or are repeatedly charged with infringing the copyrights or other intellectual property rights of others. Because BSOG takes matters of intellectual property rights violations seriously, we will respond expeditiously to claims of copyright infringement committed using the BSOG Services that are reported to Be Strong’s designated copyright agent (“Be Strong DMCA Copyright Agent”), identified in the Notice of Alleged Copyright Infringement Pursuant to DMCA § 512 (“DMCA Copyright Notice”) discussed at https://bestrong.global/dcma/, which DMCA Copyright Notice and its related procedures set forth in the content accessed at the link above constitute an exhibit to this Agreement incorporated herein by this reference. For clarity, only DMCA Copyright Notices should go to the Be Strong DMCA Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to BSOG’s User support services home page at https://bestrong.global/support/. You acknowledge that if you fail to comply with all of the requirements of this Section 9, your DMCA Copyright Notice may not be valid. 10. Modifications. BSOG may, in its sole discretion, modify or revise this Agreement from time to time, which modifications or revisions shall be incorporated into the Agreement and become binding upon Users in accordance with the introductory text at the beginning of this Agreement. In addition to the notice provided by the change in the Effective Date of this Agreement, BSOG may, but is not obligated to, notify all Users with whom it maintains email information, of major modifications to this Agreement by means of sending an email to their most recently provided email address. Any and all changes to or restatements of this Agreement will be reflected on the Website after the 7 words “Effective Date” at the top of this Agreement. You agree to be bound to any changes to this Agreement when you use the BSOG Services after any such modification or Effective Date change is posted. It is therefore important that you periodically review this Agreement and keep your contact information current to ensure you are informed of any changes. Nothing in these Terms of Service shall be deemed to confer any third-party rights or benefits. 11. Notices and Contact Information. Except as otherwise provided in this Agreement, BSOG will give you any notices by posting them on the Website. Since notice of any material change to this Agreement will be posted to the Website for at least 30 days, we encourage you to visit the Website at least that often. You also authorize BSOG to send notices (including notice of subpoenas or other legal process, if any) via electronic mail to either your User Account or to the email address that we have on record for you. You must check the Website for notices, and you will be considered to have received a notice when it is made available to you by posting such notice on the Website or when sent by BSOG to your email address via electronic mail, whether or not opened and read by you. BSOG may provide notice to any e-mail or other address that you provide to us. You agree to keep your address current and any notice sent by BSOG to the address that you have most recently provided is effective notice. With the exception of notices related to removal of licensed material and to copyright infringement as described in Section 9 above, you must send us any notice by mailing it to our address for Legal Notices which is: Be Strong, 692B South Military Trail, Deerfield Beach, FL 33442, USA, Attn: Legal Department. 12. Disputes between Users. You are solely responsible for your conduct. BSOG reserves the right, but has no obligation, to monitor disputes between you and other Users 13. Disputes with BSOG. ALL DISPUTES ARISING OUT OF OR RELATING TO THIS AGREEMENT (INCLUDING ITS FORMATION, PERFORMANCE, OR ALLEGED BREACH) OR YOUR ACCESS TO OR USE OF THE BSOG SERVICES, MATERIALS, CONTRIBUTIONS AND WEBSOGTE, INCLUDING WITHOUT LIMITATION YOUR OR OTHERS’ DOWNLOADING OR CONSUMPTION OF MATERIALS OR OTHER MATERIALS AVAILABLE BY MEANS OF THE BSOG SERVICES OR THIRD PARTY APPLICATIONS OR WEBSITES, YOUR UPLOADING CONTRIBUTIONS TO THE WEBSITE, OR YOUR PURCHASING OF GOODS OR SERVICES FROM THIRD PARTIES, WILL BE EXCLUSIVELY RESOLVED UNDER CONFIDENTIAL BINDING ARBITRATION HELD IN BROWARD COUNTY, FLORIDA BEFORE AND IN ACCORDANCE WITH THE RULES FOR ALTERNATIVE DISPUTE RESOLUTION ESTABLISHED BY THE ALTERNATIVE DISPUTE RESOLUTION FIRM ORIGINALLY KNOWN AS JUDICIAL ARBITRATION AND MEDIATION SERVICES, INC., N/K/A JAMS, THE RESOLUTION EXPERTS (“JAMS”). NOTWITHSTANDING THE FOREGOING, FOR ANY DISPUTE YOU HAVE WITH BSOG, YOU AGREE TO FIRST CONTACT US AND ATTEMPT TO RESOLVE THE DISPUTE WITH US INFORMALLY AND BSOG WILL HAVE THE RIGHT TO SEEK INJUNCTIVE RELIEF TO ENFORCE THIS AGREEMENT OR TO STOP OR PREVENT AN INFRINGEMENT OF PROPRIETARY OR OTHER THIRD PARTY RIGHTS. IN THE EVENT OF LITIGATION OR TO COMPEL ARBITRATION OR TO ENFORCE AN ARBITRATION AWARD UNDER THIS SECTION, OR TO OBTAIN AN INJUNCTION UNDER THIS SECTION, THE PARTIES HEREBY IRREVOCABLY CONSENT AND SUBMIT TO THE EXCLUSIVE PERSONAL JURISDICTION AND VENUE OF THE STATE AND FEDERAL COURTS LOCATED IN BROWARD COUNTY, FLORIDA. THIS AGREEMENT WILL BE GOVERNED AND INTERPRETED EXCLUSIVELY UNDER THE LAWS OF THE STATE OF FLORIDA. 14. Disclaimers. The information available provided through the BSOG Services and on the Website at bestrong.global does not provide mental health or therapeutic services. The BSOG Services are provided for educational purposes only and NOT a substitute for the knowledge, skill, and judgment of qualified psychiatrists, psychologists, physicians and health care professionals. For any health, medical or disability questions or concerns, please consult a physician or other health care professional. By providing and operating the BSOG Services, BSOG does not represent or imply that BSOG endorses, favors, recommends or prefers any health care provider, consultant, organization or business providing comments, observations, or other content available on or linked to by the BSOG Services, including without limitation those whose content is hosted on third party Websites; or that BSOG believes such comments, observations or other content to be accurate, useful or nonharmful. BSOG cannot control the nature of the User-generated Content Contributions available through the BSOG Services. By providing and operating the BSOG Services, BSOG does not represent or imply that BSOG endorses any comments, Contributions or other content available on or linked to by the BSOG Services, including without limitation content hosted on third party Websites; or that BSOG believes Contributions, comments or other content to be accurate, useful or nonharmful. YOU AGREE THAT YOUR USE OF THE BSOG SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW. BSOG, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE BSOG SERVICES AND YOUR USE THEREOF. BSOG MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE’S OR BSOG SERVICES’ CONTENT. CONTRIBUTIONS, OR THE CONTENT OF ANY WEBSITES LINKED TO THE WEBSITE OR THE BSOG SERVICES AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE OR THE BSOG SERVICES, (C) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE OR THE BSOG SERVICES, (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE OR THE BSOG SERVICES BY ANY THIRD PARTY, AND/OR (F) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE OR THE .BSOG SERVICES. BSOG DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR THE BSOG SERVICES OR ANY MOBILE APPLICATION, HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND BSOG WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE BSOG SERVICES, EXPRESSLY INCLUDING ANY MOBILE APPLICATIONS OR OTHER SOFTWARE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE 9 SOFTWARE AND ANY SERVICES PERFORMED OR PROVIDED BY THE SOFTWARE (“PERFORMANCE”) ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND BSOG HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE PERFORMANCE, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. BSOG DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE PERFORMANCE, THAT THE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED BY THE PERFORMANCE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE PERFORMANCE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE PERFORMANCE WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY BSOG OR ITS AUTHORIZED REPRESENTATIVE(S) SHALL CREATE A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU. 15. Limitation on Liability. IN NO EVENT SHALL BSOG BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE BSOG SERVICES, EVEN IF BSOG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, BSOG’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO BSOG FOR THE BSOG SERVICES DURING THE TERM OF YOUR USE OF THE WEBSITE OR THE BSOG SERVICES. 16. Indemnity. You agree to indemnify and hold BSOG, its subsidiaries and affiliates, if any, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your Contributions, use of the BSOG Services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above and/or if any Contribution that you post on the Website or through the BSOG Services causes BSOG to be liable to a third party. 17. Other. This Agreement together with our Privacy Policy and any other exhibits or documents linked to it or incorporated into this Agreement by reference, constitutes the entire agreement between you and BSOG regarding the use of the BSOG Services. The failure of BSOG to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. This Agreement operates to the fullest extent permissible by law. If any provision or part of a provision of this Agreement is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions. The terms and conditions contained in this Agreement may not be 10 modified by you except in a writing duly signed by you and an authorized representative of BSOG. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is hereby expressly excluded. Copyright © 2016 Be Strong and/or its suppliers and licensors, 692B South Military Trail, Deerfield Beach, FL 33442, USA. All rights reserved. Be Strong is a trademark of Stand Strong, Inc dba Be Strong.

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