Terms of use

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The short version

  • These terms apply when you use bwdb.com and our other services. Using them means you accept these terms.
  • We own the site's content and trademarks. You may use the content for your personal, non-commercial use only.
  • We provide the site "as is", with no warranties. Our direct liability to you is limited to $100.
  • Minnesota law applies. A dispute goes to 30 days of negotiation, then to arbitration in Minneapolis.
  • You must bring any claim within one year.

About these terms

We are BWdB Inc. ("BWdB", "we", "us", or "our"). We want the site to be a positive experience for you and others, so we set these terms of use ("terms"). Your access to and use of the site are subject to them. If you have questions or comments, contact us using the details at the end of these terms.

These terms govern your use of our website at bwdb.com (the "site"). They also govern our social media channels, other website content, the services we provide, and any other materials we provide through the site or elsewhere. They also govern other services that link to or mention these terms, when we or our affiliates publish or provide them. In these terms, "services" means all of these, including the site. These terms do not govern sites or services that we do not own or control, even when the site links to them.

You can find these terms at any time through the Terms link at the foot of every page on the site.

Important

By visiting or using the site or services, you consent to these terms. If you do not agree to these terms, stop using the site and the other services these terms govern immediately.

We advise you to print or save a copy of these terms for future reference.

Our Privacy Policy and any other terms we post on the site or send you through the services are also part of the agreement between you and us. Read them as well as these terms.

Additional terms apply to anything you buy from us. We give you those terms when you buy, and they may differ from these terms.

If you are under 18, you may use the site and services only with the involvement of your parent or guardian.

No warranties

Important

The site may contain bugs, errors, defects, or harmful components. So we provide the services to users "as is".

We make no warranties of any kind about the services, whether express, implied, statutory, or otherwise. This includes any implied warranties of merchantability, fitness for a particular purpose, or non-infringement.

Changes to these terms

We may change these terms or our Privacy Policy from time to time, in our sole and absolute discretion, to comply with laws or to meet our changing business needs.

A change takes effect for new users as soon as we post it on the services. For existing customers, a change takes effect 30 days after we post it, unless we say otherwise. If you do not agree with a change, you must stop using all of the services. If you keep using the site or any of our services after we post a change, you expressly accept it.

Our employees, customer service representatives, and other agents are not authorized to change any part of these terms, verbally or in writing.

Our content and your license to use it

The site, services, products, information, and other content we provide ("our works") are our intellectual property. The copyright laws of the United States and other countries protect them. Unless we say otherwise, expressly and in writing, we provide our works to you under the license below. You get no interest in our works other than the rights this license gives you.

Some services let you access, view, download, share, or otherwise use our works only after we authorize you. For those, we grant you a limited, revocable, non-exclusive, non-sublicensable, non-transferable license to access and use those works for your personal, non-commercial use only. You may not copy, share, or distribute our works at any time, except as the site or services expressly allow (for example, downloading or sharing informational materials where they permit it).

Ideas you send us

If you send us ideas, suggestions, concepts, business information, or inventions by email or through our services, you grant us a license to use them. (If you do not own them, you promise that their owner has expressly granted us this license.) The license is royalty-free, irrevocable, worldwide, non-exclusive, and perpetual.

The license lets us use, reproduce, create derivative works from, modify, adapt, publish, edit, translate, distribute, perform, sublicense (through multiple tiers), and publicly display your submission. It applies in any media or medium, and in any form, format, or forum, now known or developed later. If you want to keep an idea, suggestion, concept, business information, or invention private or proprietary, do not send it to us or through our services.

Use we have not authorized

Any use of the site, the services, or our works that these terms do not authorize, without our prior written permission (including in a service agreement you have with us), is strictly prohibited. It ends the license in these terms automatically, without any further action by us. It may also break laws such as copyright and trademark laws. We may revoke this license at any time.

Trademarks

The trademark BWdB, and the other website marks, graphics, logos, slogans, designs, page headers, button icons, scripts, and service names we use, are our trademarks or trade dress in the U.S. and other countries.

You may not use our trademarks or trade dress in connection with any product or service in a way that is likely to cause confusion. That includes using them as part of another trademark or a domain name. You may not copy, imitate, or use them, in whole or in part, without our prior written permission. All other trademarks and logos on the site or our other services belong to their owners.

Rules for using the site

You may use the site and other services only for lawful purposes. You must not use them in a way that infringes anyone else's rights, or that restricts or stops anyone else from enjoying any of the services. When you use any of the services, and the site in particular, you are prohibited from the following, and you agree not to do them without our prior express written consent:

  • copy, reproduce, or improperly use or access any content you access or obtain from the site or the services;
  • modify, distribute, re-post, or sell any content you access or obtain from the site or the services, except as the site or services permit;
  • get around or disable any content protection system or digital rights management technology used with any of the services;
  • decompile, reverse engineer, disassemble, or otherwise reduce any of the services to a human-readable form;
  • remove identification, copyright, or other proprietary notices in or on the services;
  • use the content on the site for any commercial exploitation at all;
  • disrupt or interfere with the security of, or otherwise abuse, the site, any of the services, system resources, accounts, servers, or networks connected to or reachable through the site or affiliated or linked sites;
  • access content, data, or parts of the site that are not intended for you, or log on to a server or account that you are not authorized to access;
  • try to probe, scan, or test the vulnerability of the services, including websites, applications, and any related system or network, or breach security or authentication measures without proper authorization;
  • access any of the services or the site by automated means, such as robots, spiders, or offline readers;
  • interfere or try to interfere with the use of the site, our applications, or the services by any other user, host, or network, including by sending a virus, overloading, flooding, spamming, mail bombing, or crashing;
  • use any data mining, scraping, web crawling, robots, or similar data gathering and extraction methods on the site;
  • send automated queries of any kind to the site, including meta-searching and offline searches of the site;
  • harass, stalk, disrupt, or interfere with any other user's enjoyment of the site or affiliated or linked sites;
  • post or submit any content or other data that is libelous, defamatory, threatening, obscene, invasive of privacy, abusive, illegal, objectionable, or fraudulent, or that violates the rights of third parties;
  • upload, post, or otherwise send any viruses or other harmful, disruptive, or destructive files through or on the site;
  • use, frame, or use framing techniques to enclose any of our trademarks, logos, or other proprietary information (including the images on the site, the content of any text, or the layout or design of any page or form on a page) without our express written consent;
  • use meta tags or any other hidden text that uses our name, trademarks, or product names without our express written consent;
  • deep link to the site without our express written consent;
  • create or use a false identity on the site;
  • harvest or otherwise collect information about our users, including email addresses and phone numbers;
  • download, "rip", or otherwise try to get unauthorized access to any of the services, content, or other materials; or
  • post any copyrighted material, unless you own the copyright or have an express license from the copyright owner to post it.

Changes to our services

We reserve the right to modify, suspend, discontinue, or end the services, or any part of them, at any time and from time to time, with or without notice. You agree that we are not liable to you or to any third party for doing so.

Ending your access

You agree that we may end your access to any of the services, and remove, discard, or modify any user-generated content in the services, for any reason, in our sole discretion. Reasons include lack of use, or our belief that you violated or acted against the letter or spirit of these terms.

You agree that we may end your access without prior notice. We may immediately deactivate or delete any account you have with us, and all related information and files, and bar any further access to those files or the services. If you use the site in violation of these terms, we may keep all data collected from your use of the site, in our sole discretion.

You agree that we are not liable to you or any third party for ending your access to the services. Nor are we liable for keeping data collected from your use of the site after you violate these terms. This holds even if we were told of a claim for damages.

Links and third parties

The site and services may contain links to other websites or services. We may also feature third parties' goods and services on our social media feeds or channels. We provide these links for your convenience and as another way to reach the information on those sites.

We have not necessarily reviewed the information on those sites. We are not responsible for their content, or for any products or services they offer. A link to another site is not an endorsement of its content.

Your dealings with any third party you find on or through the site or services are solely between you and that third party. This includes buying goods or services, and any terms, conditions, warranties, representations, or privacy terms that go with those dealings. You agree that we are not liable for any loss or damage of any kind that results from your dealings with such third parties. That includes anything you do in connection with using or relying on content, goods, services, information, or other materials they make available through the site or services.

Privacy and your data

Our Privacy Policy covers the data we get from you through your use of any of the services. It sets out the terms that govern how we collect and use the information you give us, including your rights and ours in that information. Read it before you use the services. If you are unwilling to accept it, do not use our services.

Release of claims

You release and discharge us and our affiliates from every claim arising out of or relating to your use of the services. That covers all claims, suits, rights of action, losses, charges, damages, demands, debts, and causes of action, in law or in equity, that you have or may come to have against us or our affiliates. You understand and agree that this release is a condition you must meet before you can access the services.

You confirm that you know about Section 1542 of the California Civil Code, which says that "a general release does not extend to claims which the creditor [or claimant] does not know or suspect to exist in his/her favor at the time of executing the release, which, if known by him/her, must have materially affected his/her settlement with the debtor [or opposing party]."

Even so, you intend to release us and our affiliates fully and finally. To the fullest extent the law permits, you waive any benefits you may have under California Civil Code Section 1542. You take on the risk of all claims against us or our affiliates that you do not know or suspect exist, whether through ignorance, oversight, error, or otherwise.

Limitation of liability

Important

You understand and agree that we are not liable for any indirect, incidental, special, consequential, exemplary, or punitive damages. These include any loss of use, loss of profits, loss of data, loss of goodwill, and cost of getting substitute services.

This applies however the damages are caused, and on any theory of liability, whether breach of contract, tort (including negligence and strict liability), or otherwise. It applies to damages resulting from:

  1. the use of, or the inability to use, the site or services;
  2. the cost of getting substitute services or products;
  3. unauthorized access to, or alteration of, your transmissions or data;
  4. the statements or conduct of any third party on or in the site or our other services;
  5. reliance on content, user-generated content, or postings on or in the site or services; or
  6. any other matter relating to the site or services.

These limits apply whether or not we were told that such damages were possible, and even if a limited remedy fails of its essential purpose.

Except as the indemnity terms require, our direct liability under these terms will never be more than $100.00.

Some jurisdictions do not allow the limitation or exclusion of liability for indirect, incidental, special, consequential, exemplary, or punitive damages. So some of the limits above may not apply to you.

Indemnity

You agree to indemnify, defend, and hold harmless us and our affiliates, and our officers, directors, employees, contractors, agents, licensors, and suppliers. This covers all losses, liabilities, expenses, damages, and costs, including reasonable attorneys' fees and court costs, that arise or result from any violation or breach of these terms.

If you cause a technical disruption of any of the services, the site, or the systems they are hosted on, you agree to be responsible for the result. That covers all losses, liabilities, expenses, damages, and costs arising or resulting from the disruption, including reasonable attorneys' fees and court costs.

Users outside the United States

We control, operate, and administer the site from our offices in the United States of America. You may be able to reach the services and site from anywhere in the world, and we have no practical way to prevent that.

The services and site have been designed to comply with the laws of the State of Minnesota and of the United States. We make no representation or warranty that the materials on the site are appropriate or available for use outside the United States. Access to them from territories where their content or the products available through the site are illegal is prohibited.

By accessing or otherwise using the site and services, you represent and warrant that:

  1. your access to and use of the services, and any content or software in them, will comply with all the requirements in these terms;
  2. you are not located in a country that is subject to a U.S. government embargo or that the U.S. government has designated as a terrorist-supporting country, and you are not listed on any U.S. government list of prohibited or restricted parties; and
  3. you will comply with all applicable local, national, and international laws, rules, regulations, and ordinances when you use the site or services.

Our Privacy Policy covers privacy rights for people in the EU, the UK, Brazil, California, Colorado, Connecticut, Utah, Virginia, Australia, and other places.

Copyright complaints (DMCA)

We respect the intellectual property rights of others, and we require users of the site and services to do the same. Users remain the original copyright owners of all content they provide. Use of that material in a way that conflicts with these terms is strictly prohibited.

We have adopted the following policy on copyright infringement, in line with the Digital Millennium Copyright Act ("DMCA"), 17 U.S.C. § 512. Our designated agent for notices of claimed copyright or intellectual property infringement (our "Copyright Agent") is listed at the end of this section.

If you believe in good faith that your work was copied in a way that infringes copyright, or that your intellectual property rights were otherwise violated, send our Copyright Agent a notice that includes:

  • information reasonably sufficient for us to contact you: your name, address, phone number, and email address (if you have one);
  • a description of the copyrighted work or intellectual property that you claim was infringed or, for several works, a list of them;
  • information reasonably sufficient for us to find the material on the site;
  • a statement by you that you believe in good faith that the disputed use of the material is not authorized by the copyright owner, its agent, or the law;
  • a statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf; and
  • a physical or electronic signature of the copyright owner, or of a person authorized to act for the owner of an exclusive right that is allegedly infringed.

When we receive a proper notice of alleged copyright infringement, we will remove or disable access to the allegedly infringing content, and promptly tell the alleged infringer about your claim.

Send your notice by email or mail:

Email: Hello@BWdB.com
Mail: BWdB Inc., Attn: Copyright Agent
323 North Washington Avenue, #200
Minneapolis, MN 55401

Governing law and disputes

We control the services and site from Minnesota. So you agree that Minnesota law and U.S. law apply, wherever you live or use the site and services.

A "dispute" is any controversy or claim arising out of or relating to these terms, or a breach of them. If there is a dispute, you and we agree to negotiate for 30 days after either party gives notice of it.

If negotiation does not resolve the dispute, you and we agree to settle it by arbitration in Minneapolis, Minnesota. A single arbitrator knowledgeable in commercial contracts will decide it. The American Arbitration Association (AAA) will administer it under its Commercial Arbitration Rules. Any court with jurisdiction may enter judgment on the arbitrator's award.

Time limit for claims

You agree to file any claim or cause of action arising out of your use of the services or these terms within one year after it arose. If you do not, it is barred forever, despite any statute of limitations or other law to the contrary.

Within this one-year period, if we fail to enforce or exercise any part of these terms or any related right, that failure is not a waiver of that right or provision.

Contact us

If you have questions or concerns about the site, the services, or these terms, you can contact us:

Email: Hello@BWdB.com
Mail: BWdB Inc.
323 North Washington Avenue, #200
Minneapolis, MN 55401