Client Terms of Service
Last updated: November 27, 2023
1. Introduction
Thank you for using Boulevard!
Please read through these Client Terms of Service (the “Terms”) carefully; they are a legally binding contract between you and Boulevard Labs, Inc. (“Boulevard,” “we,” and “us”) with your legal rights, remedies, and obligations regarding your access and use of our websites and applications (our “Platform”) through which Boulevard provides our products and services (collectively, along with our Platform, our “Services”)(for the sake of clarity, reference to the Boulevard Services always includes the Boulevard Platform). You must agree to and accept these Terms or you don’t have the right to use our Services or access our Platform.
Section 23 of these Terms contains an arbitration agreement and class action waiver that apply to all claims brought against Boulevard. Please read them carefully.
If you have any questions, comments, or concerns regarding these Terms or the Boulevard Services, please contact us at legal@blvd.co
By clicking on the “I Accept” button, completing the Boulevard Account registration process, or otherwise accessing or using the Boulevard Platform, you represent that you have read, understand, and agree to be bound by these Terms. By doing so, you represent that you are of legal age to form a binding contract (or if not, you’ve received your parent’s or guardian’s permission to use the Services and gotten your parent or guardian to agree to these Terms on your behalf). However, please note that: If you are 13 years of age or younger, you are not permitted to use the Services or any of our sites, services, or applications. If you’re agreeing to these Terms on behalf of an organization or entity, you represent and warrant that you are authorized to agree to these Terms on that organization or entity’s behalf and bind them to these Terms (in which case, the references to “Client,’ “you,” and “your” in these Terms, except for in this sentence, refer to that organization or entity).
2. Changes to these Terms
We are constantly trying to improve our Services, so these Terms may need to change along with the Services. We reserve the right to change the Terms at any time in our sole discretion. Any changes we make will become effective when we post a modified version of these Terms to https://www.joinblvd.com/legal/client-terms-of-service; when we do so, we will update the “Last Updated” date at the top of the Terms. The updated version of these Terms supersedes all prior versions. Changes to the Terms will apply to your subsequent access and use of our Services. If you have a Boulevard Account with us, when we update the Terms, we will bring it to your attention by placing a notice within the application, by sending you an email, and/or by some other means.
If you have a Boulevard Account with us and don’t agree with the new Terms, you are free to reject them; unfortunately, that means you will no longer be able to use the Services. Your login to your Boulevard Account and proceeding to access or use our Services beyond any updated Terms notice on or after the date the updated version of the Terms is effective and binding constitutes your acceptance of the updated version of these Terms. If you access or use the Services in any way after a change to the Terms is effective, that means you agree to all of the changes.
3. Boulevard’s Role
Boulevard Services enable third-party businesses who subscribe to the Boulevard Services (each a “Boulevard Subscriber”) to publish, set the fees for, and offer their services (“Subscriber Services” or the “Subscriber Content”) to you, their client (“you” or the “Client”). As a Client, our Boulevard Services allow you to search for, book, and pay for Subscriber Services on our Platform.
Boulevard does not provide or contract for Subscriber Services, and Boulevard does not own, control, offer, manage, or endorse any Boulevard Subscriber or Subscriber Service. Clients and Boulevard Subscribers contract independently for Subscriber Services and Boulevard is not a party to these contracts. Each Client is solely responsible for selecting the Boulevard Subscriber, the Subscriber Service to be provided, and the location at which services will be performed, whether on the premises of a Boulevard Subscriber or at a site designated by the Client. Any decision by a Client to purchase or receive services by a Boulevard Subscriber is a decision made at such person’s sole discretion and at their own risk. You understand and agree that Boulevard is not responsible for the goods and services that you purchase through the Boulevard Platform. Third-party merchants, including Boulevard Subscribers, and not Boulevard, provide those goods and services. Boulevard Subscribers, and not Boulevard, are responsible for customer service related to Subscriber Services, including the nature, content, and quality of the class or appointment, and reservation, cancellation, return and refund policies, adjustments, rebates, functionality and warranty, technical support, and issues concerning experiences with a Boulevard Subscriber’s personnel, policies, or processes.
Although the Boulevard Services are intended to provide each Boulevard Subscriber’s availability and services in real-time, the information or content that a Boulevard Subscriber makes available through the Boulevard Services is the sole responsibility of that Boulevard Subscriber, and Boulevard is not responsible for the content, accuracy, privacy practices, operations, or any errors or omissions by any Boulevard Subscriber or other third party, or the content or information provided by such third party.
4. Payment Processing
The Boulevard Services allow you to make payments by those methods accepted by Boulevard and the Boulevard Subscriber. Typically, these are card-based methods, including cards bearing the trademarks of Visa Inc., MasterCard International Inc., Discover Inc., and/or American Express Inc. (collectively, the “Networks”). Please note that Boulevard and Boulevard Subscribers may not accept all payment methods, including all card-based payment methods. The Networks accepted by Boulevard and each Boulevard Subscriber are displayed on the Boulevard Platform. We are not a bank and do not offer banking services as defined by the United States Department of Treasury. We also do not offer Money Service Business services as defined by the United States Department of Treasury. Boulevard and Boulevard Subscribers may update at any time the list of payment method types that they accept.
5. Authorizing Charges
By using the Boulevard Services to book and pay for Subscriber Services, you are required to enter credit card or other payment information. You must provide accurate and up-to-date information. By completing a booking and paying for Subscriber Services on our Platform, you acknowledge and agree to pay the fees associated with booking the Subscriber Services ("Charges") as described either at the time of reservation or in person with the Subscriber Professional at time of checkout. Charges include applicable fees for Subscriber Services, plus any tips to the Subscriber Professional that you elect to pay, plus applicable taxes and other applicable fees, if any. After you make a reservation but prior to your time of appointment, an authorization hold may be placed on your payment method. In the event you are entitled to a reversal, refund, chargeback, or other adjustment associated with a purchase you made through the Boulevard Platform, you also authorize a credit to your payment card to accomplish that transaction.
If you cannot make your appointment, it is your responsibility to cancel on time to avoid unnecessary charges. Note, however, it is your responsibility to know your Boulevard Subscriber’s cancellation policy. In the event that you cancel your appointment for Subscriber Services, depending on your Boulevard Subscriber, you may be assessed a cancellation fee ("Cancellation Fee"). Cancellation Fees may be equal to the entire Charges for the reservation.
Charges you authorize through the Boulevard Platform may also be subject to terms and conditions set forth by the Networks and/or the entities that issue your card. You are responsible for complying with those terms and conditions, and you are responsible for charges and related fees and billing terms imposed by those terms and conditions as well as any fees and/or surcharges imposed by Boulevard or a Boulevard Subscriber. The Networks and/or other entity issuing your payment card, and not Boulevard, is responsible for customer service related to your payment card.
6. Boulevard Accounts
You may need to register an account to access and use certain features of the Boulevard Services (“Boulevard Account”) and must keep your Boulevard Account information accurate. Through your Boulevard Account, you may be able to view your history of purchases of Subscriber Services and previous appointments with Boulevard Subscribers. You are solely responsible for managing your Boulevard Account. Your Boulevard Account is non-transferable and may not be sold, combined, or otherwise shared with any third party. You’re responsible for any activity associated with your Boulevard Account and must protect the security of your account and your password. We reserve the right to suspend or terminate your Boulevard Account if you provide inaccurate, untrue, or incomplete information or if you attempt to use your Boulevard Account to engage in illegal or unethical activities.
7. Your Privacy
The personal information that Boulevard collects or receives about you is collected or received on behalf of Boulevard’s Customers (your Boulevard Subscribers). Boulevard is a Service Provider for its Customers (your Boulevard Subscribers) and we comply with applicable privacy laws by acting as such. The processing of your personal information is subject to your Boulevard Subscriber’s respective privacy policy.
For more information on how Boulevard processes Client personal information as a Service Provider to Boulevard Subscribers, please review our Privacy Policy. Boulevard will not retain, use, or disclose Client personal information collected on behalf of a Boulevard Subscriber (our Customer) except for the specific purposes set forth in our Privacy Policy and in compliance with applicable privacy laws.
Please Note: We do not knowingly collect or solicit personally identifiable information from children under 13. If you are a child under 13, please do not access or use the Boulevard Services, attempt to register a Boulevard Account, or send any personal information about yourself to us. If we learn we have collected personal information from a child under 13, we will delete that information as quickly as possible. If you believe that a child under 13 may have provided us with personal information, please contact us at legal@blvd.co.
8. Consent to Text
By providing your mobile phone number to Boulevard, you agree that Boulevard may send you autodialed Short Message Service (“SMS”) or Multimedia Messaging Service (“MMS”) messages for alerts, confirmations, reminders, service updates, promotions, and other purposes, as well as SMS or MMS messages soliciting your Feedback about the Boulevard Services and your experience interacting with Boulevard’s Support team. Standard message and data rates may apply. If you would like to opt out of receiving SMS and MMS messages, you should contact support@blvd.co.
9. User Content
Parts of the Boulevard Platform enable you to provide feedback, text, photos, audio, video, information, and other content (all “User Content,” and collectively with Boulevard Subscriber Content, “Content”). By providing User Content, in whatever form and through whatever means, you grant Boulevard a non-exclusive, worldwide, royalty-free, irrevocable, perpetual, sub-licensable, and transferable license to copy, modify, prepare derivative works of, distribute, publish, and otherwise exploit, that Content, without limitation. If User Content includes personal information, our Privacy Policy describes how we use that personal information as a service provider to our Customers (your Boulevard Subscribers). You are solely responsible for all Content that you provide and warrant that you either own it or are authorized to grant Boulevard the rights described in these Terms. You are responsible and liable if any of your User Content violates or infringes the intellectual property or privacy rights of any third party. Your User Content must comply with the restrictions on use described below in Section 10 of these Terms.
Actions initiated by you on the Boulevard Platform or through the Boulevard Services may irrevocably modify and/or delete User Content. YOU ACKNOWLEDGE AND AGREE THAT BOULEVARD IS NOT RESPONSIBLE FOR THE LOSS OR MODIFICATION OF ANY USER CONTENT AND THAT YOUR USE OF THE PLATFORM IS AT YOUR OWN RISK.
Copyright Policy. Boulevard respects the intellectual property rights of others and expects its users to do the same. Boulevard will investigate and respond to notices of alleged infringement that are properly submitted in accordance with our Copyright Policy, as may be updated by Boulevard from time to time. Any data or information submitted to our Services is subject to our Copyright Policy. To learn more about the DMCA, click here.
10. Restrictions on Use
By using the Boulevard Services, you represent, acknowledge, and agree that you are at least 18 years of age, or if you are under 18 years of age but are at least 13 years old (a "Minor"), that you are using the Boulevard App with the consent of your parent or legal guardian and that you have received your parent’s or legal guardian’s permission to use the Boulevard Services and agree to these Terms. If you are a parent or legal guardian of a Minor, you hereby agree to bind the Minor to these Terms and to fully indemnify and hold harmless Boulevard if the Minor breaches any of these Terms. If you are not at least 13 years old, you may not use the Boulevard Services at any time or in any manner or submit any information on the Boulevard Platform or to Boulevard.
The Boulevard Services and your Boulevard Account may only be used (i) for your own internal, personal, use, and not on behalf of or for the benefit of any third party, and (ii) only to the extent that you obey all laws, rules, and regulations applicable to your use of the Boulevard Services. By accessing or using the Boulevard Services and by creating a Boulevard Account, you confirm that you will not access or use the Boulevard Services, including our Platform, and will not make payments in connection with the Boulevard Platform, in a manner that: (1) infringes or violates the intellectual property rights or any other rights of anyone else (including Boulevard); (2) violates any law or regulation; (3) copies, reproduces, alters, modifies, creates derivative works, publicly displays, republishes, uploads, posts, transmits, resells or distributes in any way material or information from Boulevard, including the Boulevard Services and Platform; (4) license, sublicense, sell, resell, rent, lease, transfer, assign, distribute, timeshare, offer in a service bureau, or otherwise make the Boulevard Services, including our Platform available to any third party; (5) reverse engineers, decompiles, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to the Boulevard Services or Platform; (6) accesses or uses (or allow a third party to access or use) the Boulevard Services, including our Platform for competitive analysis or to build any competing products or services; (7) copies any features, functions, integrations, interfaces or graphics of the Boulevard Services, including our Platform; (8) is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable; (9) indirectly or directly exports the Boulevard Services; (10) jeopardizes the security of your Boulevard Account or anyone else’s (such as sharing your password or account, or allowing someone else to log in to the Services as you); (11) attempts, in any manner, to obtain the password, account, or other security information from any other user; (12) violates the security of any computer network, or cracks any passwords or security encryption codes; (13) runs Maillist, Listserv, any form of auto-responder or “spam” on the Services, or any processes that run or are activated while you are not logged into the Boulevard Services, or that otherwise interfere with the proper working of the Boulevard Services (including by placing an unreasonable load on the Boulevard Services’ infrastructure); (14) access or monitor any material or information on any Boulevard system using any manual process or robot, spider, scraper, or other automated means; (15) copies or stores any significant portion of the Content; or (16) otherwise uses or exploits the Boulevard Services, including our Platform, in any manner not expressly permitted by these Terms. Furthermore, with respect to any Boulevard application accessed through or downloaded from the App Store, you will comply with the applicable App Store’s terms and policies. You may be required to accept updates to the Boulevard application in order to continue to use the Boulevard Services.
In addition, You agree not to upload to the Boulevard Services or otherwise post, transmit, distribute, or disseminate through the Boulevard Services, any content that: (a) you have not created yourself or you do not have permission from the copyright owner to do so; (b) is false, misleading, unlawful, obscene, indecent, lewd, pornographic, defamatory, libelous, threatening, harassing, hateful, abusive, or inflammatory; (c) encourages conduct that would be considered a criminal offense or gives rise to civil liability; (d) breaches any duty toward or rights of any person or entity, including rights of publicity or privacy; (e) contains corrupted data or any other harmful, disruptive, or destructive files; (f) advertises products or services competitive with Boulevard’s or its partners’ products and services, as determined by Boulevard in its sole discretion; or (g) in Boulevard’s sole judgment, is objectionable, restricts or inhibits any person or entity from using or enjoying any portion of the Boulevard Services, or which may expose Boulevard, its affiliates, or users to harm or liability of any nature.
Any violation of the foregoing is grounds for termination of your right to use or access the Boulevard Services. In addition, if we reasonably suspect that you have used the Boulevard Services for any unauthorized, illegal, or criminal purpose, you give us authorization to share information about you, your Boulevard Account, and/or any of your transactions with law enforcement.
11. Monitoring
You acknowledge that Boulevard has the right, but does not have any obligation, to monitor the use of the Boulevard Services; verify information provided by Clients and Customers; or pre-screen, edit, or monitor any Content. However, Boulevard reserves the right in its sole discretion to refuse, remove, screen, edit, or disable any Content at any time and for any reason without notice. For example, we may review, disable access to, remove, or edit Content to (i) operate, secure and improve the Boulevard (including for fraud prevention, risk assessment, investigation, and customer support purposes); (ii) ensure your compliance with these Terms; (iii) comply with applicable law or the order or requirement of a court, law enforcement or other administrative agency or governmental body; (iv) address User Content or Boulevard Subscriber Content that we determine is harmful or objectionable; and (v) take actions set out in these Terms.
12. Availability & Changes to the Boulevard Services
We’re always trying to improve the Boulevard Services, so they may change over time. We may suspend or discontinue any part of the Boulevard Services, or we may introduce new features, impose limits on certain features, or restrict access to parts or all of the Boulevard Services. We’ll try to give you notice when we make a material change to the Boulevard Services that would adversely affect you, but this isn’t always practical.
Boulevard makes no representations or warranties about the Boulevard Services' uptime, availability, or permissibility in any particular geographical location. From time to time, scheduled system maintenance or emergency maintenance may occur, and during such maintenance periods, the Boulevard Services may be inaccessible and unavailable, with or without notice to you.
13. License Grant to You and Ownership of the Boulevard Services
Subject to your compliance with these Terms, including the Restrictions on Use described in Section 10, Boulevard hereby grants you a personal, limited, non-exclusive, revocable, non-transferable, non-sublicensable, revocable license to access and use the Boulevard Services in accordance with these Terms. The Boulevard Services are licensed to you, not sold. Boulevard reserves all rights not expressly granted to you in these Terms. The Boulevard Services are protected by copyright, trade secret, and other intellectual property laws. Boulevard owns the title, copyright, and other worldwide intellectual property rights in the Boulevard Services and all copies of the Boulevard Services. These Terms of Service do not grant you any rights to Boulevard’s “Marks” (including trademarks; service marks; business, service, and product names; domain names; logos; and publicly available images) You shall not, nor knowingly permit a third party to, remove or modify Boulevard’s Marks or attribution from the Platform or Services.
14. Feedback
You may choose to or we may invite you to submit comments or ideas about the Boulevard Services, including without limitation about how to improve the Boulevard Services or our other products (“Feedback"). You represent and warrant that you have all rights necessary to submit Feedback. By submitting any Feedback, you agree that your disclosure is gratuitous, unsolicited, and without restriction, that it will not place Boulevard under any obligation, and that we are free to use the Feedback without any additional compensation to you, and/or to disclose the Feedback on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, Boulevard does not waive any rights to use similar or related ideas previously known to Boulevard or developed by its employees, or obtained from sources other than you. Boulevard has no obligation to review any Feedback nor to keep any Feedback confidential, and Boulevard may use and redistribute Feedback for any purpose, without restriction and free of any obligation to acknowledge or compensate you.
15. App Store
Your use of Boulevard’s application (“Boulevard Application”) is subject to these Terms as well as the additional terms and conditions in this Section. You acknowledge and agree that the availability of the Boulevard Application is dependent on the third party from whom you received the Boulevard App license, e.g., the Apple App Store or Google Play ("App Store"). You acknowledge that (i) these Terms are between you and Boulevard, and not with Apple, Google, or their App Stores; (ii) Boulevard, not Apple, Google, or their App Stores, is solely responsible for the Boulevard Application, the content thereof, maintenance, support services, and warranty therefor, and addressing any claims relating thereto (e.g., product liability, legal compliance or intellectual property infringement); and (iii) the Boulevard Application is is licensed to you on a limited, non-exclusive, non-transferrable, non-sublicensable basis, solely to be used in connection with the Services for your private, personal, non-commercial use, subject to these Client Terms of Service. In order to use the Boulevard Application, you must (1) have access to a wireless network, (2) only use the Application in connection with a mobile device that you own or control; and (3) agree to pay all fees associated with such access. You also agree to pay all fees (if any) charged by the App Store in connection with the Boulevard Application. You agree to comply with, and your license to use the Boulevard App is conditioned upon your compliance with, all applicable third-party terms of agreement (e.g., the App Store’s terms and policies) when using the Boulevard App. You acknowledge that the App Store (and its subsidiaries) are third-party beneficiaries of this Agreement and will have the right to enforce them.
16. Termination
You may terminate these Terms at any time by closing your Boulevard Account and ceasing to use the Boulevard Services and Boulevard Platform.
We may terminate these Terms and close your Boulevard Account for any reason or no reason (with or without notice) in our sole discretion at any time, including (but not limited to), if you (a) have violated these Terms or any other agreement you have with Boulevard or Boulevard’s policies, (b) pose an unacceptable credit or fraud risk to us, and/or (c) provide any false, incomplete, inaccurate, or misleading information or otherwise engage in fraudulent or illegal conduct on the Boulevard Services, including our Platform.
If your Boulevard App Account is terminated for any reason or no reason, you agree: (i) to continue to be bound by the surviving Terms listed in Section 25, (ii) to immediately stop using the Boulevard Services, (iii) that the license provided under these Terms shall end, (iv) that we reserve the right (but have no obligation) to delete all of your Content, information, and account data stored on our servers, and (v) that Boulevard shall not be liable to you or any third party for termination of access to the Boulevard Services, or for deletion of your information or account data.
We will not be liable to you for compensation, reimbursement, or damages in connection with your use of the Boulevard Services, or in connection with any termination or suspension of the Boulevard Services. Any termination of these Terms does not relieve you of any obligations to pay any fees or costs accrued prior to the termination and any other amounts owed by you as provided in these Terms.
17. Disclosures & Notices
You acknowledge and agree that Boulevard may provide disclosures and other notices required by law and other information about your access and use of the Boulevard Services to you electronically by posting them on the Boulevard Platform or by emailing the email address listed in your Boulevard Account. You also agree that electronic disclosures and notices have the same meaning and effect as if we had provided you with paper copies. You are responsible for providing Boulevard with your most current email address. In the event that the last e-mail address you provided to Boulevard is not valid, or for any reason is not capable of delivering to you any notices required or permitted by these Terms, Boulevard’s dispatch of the e-mail containing such notice will nonetheless constitute effective notice.
18. Third-Party Services
The Boulevard Services may contain links to third-party websites, applications, services, or resources (“Third-Party Services”) that are subject to different terms and privacy practices. Boulevard is not responsible or liable for any aspect of such Third-Party Services and links to such Third-Party Services are not an endorsement.
19. Disclaimer of Warranties & Conditions
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE BOULEVARD SERVICES ARE PROVIDED ON AN “AS IS'' AND “AS AVAILABLE” BASIS AND YOUR USE OF THE BOULEVARD SERVICES IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE BOULEVARD SERVICES ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM BOULEVARD OR THROUGH THE BOULEVARD SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING, BOULEVARD, ITS PROCESSORS, ITS PROVIDERS, ITS LICENSORS (AND THEIR RESPECTIVE SUBSIDIARIES, AFFILIATES, AGENTS, DIRECTORS, AND EMPLOYEES) DO NOT WARRANT OR ENDORSE THE EXISTENCE, CONDUCT, PERFORMANCE, SAFETY, QUALITY, LEGALITY, OR SUITABILITY OF ANY BOULEVARD SUBSCRIBER OR SUBSCRIBER SERVICE OR THAT ANY CONTENT OR INFORMATION PROVIDED THROUGH THE BOULEVARD SERVICES, USED ON, OR MADE AVAILABLE THROUGH THE BOULEVARD SERVICES, ARE ACCURATE, RELIABLE, OR CORRECT; THAT THE BOULEVARD SERVICES WILL MEET YOUR REQUIREMENTS; THAT THE BOULEVARD SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE BOULEVARD SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE AND AGREE THAT BOULEVARD IS NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE, FOR EXAMPLE, FROM THE BOULEVARD SERVICES’ INOPERABILITY, UNAVAILABILITY, OR SECURITY VULNERABILITIES, OR FROM YOUR RELIANCE ON THE PERFORMANCE, SAFETY, QUALITY, LEGALITY OR SUITABILITY OF ANY CONTENT ACCESSED OR OTHERWISE MADE AVAILABLE THROUGH USE OF THE BOULEVARD SERVICES, INCLUDING, WITHOUT LIMITATION, ANY SERVICE-PROVIDER OFFERINGS, RATINGS, REVIEWS OR METRICS FOUND ON, USED ON, OR MADE AVAILABLE THROUGH THE BOULEVARD SERVICES. YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH THE BOULEVARD SERVICES, OR THE CONTENT OR SERVICES MADE AVAILABLE THROUGH THE BOULEVARD SERVICES SHALL BE YOUR TERMINATION AND DISCONTINUATION OF ACCESS TO OR USE OF THE BOULEVARD SERVICES.
BOULEVARD DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY, INCLUDING SUBSCRIBER SERVICES AND/OR BOULEVARD SUBSCRIBERS, THROUGH THE BOULEVARD SERVICES OR ANY HYPERLINKED WEBSITE OR SERVICE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND BOULEVARD WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
THE DISCLAIMERS IN THESE TERMS APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW. IF YOU HAVE STATUTORY RIGHTS OR WARRANTIES WE CANNOT DISCLAIM, THE DURATION OF ANY SUCH STATUTORILY REQUIRED RIGHTS OR WARRANTIES WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
20. Limitation of Liability & Damages
YOU UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BOULEVARD, ITS PROCESSORS, ITS SUPPLIERS, OR ITS LICENSORS (OR THEIR RESPECTIVE AFFILIATES, AGENTS, DIRECTORS, AND EMPLOYEES) BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, WORK STOPPAGE, SERVICE INTERRUPTION, SERVICE INTERRUPTION, ACCURACY OF RESULTS OR DATA, COMPUTER DAMAGE OR SYSTEM FAILURE, THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH (I) THESE TERMS, (II) THE USE OF OR INABILITY TO USE THE BOULEVARD SERVICES OR CONTENT MADE AVAILABLE THROUGH THE SERVICES, (III) ANY COMMUNICATIONS, INTERACTIONS, OR MEETINGS YOU MAY HAVE WITH SOMEONE YOU INTERACT OR MEET WITH THROUGH OR AS A RESULT OF YOUR USE OF THE BOULEVARD SERVICES, OR (IV) RELIANCE ON BOULEVARD SUBSCRIBER CONTENT OR BOOKING OF A BOULEVARD SUBSCRIBER SERVICE.
UNDER NO CIRCUMSTANCES WILL BOULEVARD BE RESPONSIBLE FOR ANY DAMAGE, LOSS, OR INJURY RESULTING FROM HACKING, TAMPERING, OR OTHER UNAUTHORIZED ACCESS OR USE OF THE BOULEVARD SERVICES YOUR BOULEVARD ACCOUNT, OR THE INFORMATION CONTAINED THEREIN. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BOULEVARD, ITS PROCESSORS, ITS SUPPLIERS, AND ITS LICENSORS (AND THEIR RESPECTIVE AFFILIATES, AGENTS, DIRECTORS, AND EMPLOYEES) ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF THE BOULEVARD SERVICES; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE BOULEVARD SERVICES; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE BOULEVARD SERVICES BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE BOULEVARD SERVICES; AND/OR (VII) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY.
IN NO EVENT SHALL BOULEVARD’S, ITS PROCESSORS’, AGENTS’, SUPPLIERS’, OR LICENSORS’ (OR THEIR RESPECTIVE AFFILIATES, AGENTS, DIRECTORS, AND EMPLOYEES) AGGREGATE LIABILITY FOR ANY CLAIM OR DISPUTE ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, YOUR INTERACTION WITH ANY BOULEVARD SUBSCRIBER OR YOUR USE OF OR INABILITY TO USE THE BOULEVARD SERVICES, ANY CONTENT, EXCEED THE GREATER OF: (A) THE AMOUNT YOU PAID TO BOULEVARD IN CONNECTION TO THE BOULEVARD SERVICES DURING THE 12-MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR (B) $500.
THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR IF A LIMITED REMEDY SET OUT IN THESE TERMS IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
21. Indemnification
To the fullest extent allowed by applicable law, you agree to release, indemnify, defend (at Boulevard’s option), and hold harmless Boulevard and its affiliates and their respective employees, officers, agents, directors, representatives, contractors, licensors, suppliers and service providers (collectively, the “Boulevard Parties”) from and against any and all claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (a) any actual or alleged breach by you of these Terms; (b) your improper access to or use of the Boulevard Services (including any actions taken by a third party using your Boulevard Account); or (c) any actual or alleged breach of any laws, regulations or third party rights such as intellectual property or privacy rights. Boulevard reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Boulevard in asserting any available defense and doing so will not otherwise excuse your indemnity obligations.
22. Governing Law & Venue
These Terms will be interpreted in accordance with the laws of the State of California, without regard to conflict-of-law provisions. Judicial proceedings (other than small claims actions) that are excluded from the arbitration agreement in Section 23 must be brought in state or federal court in Los Angeles, California unless we both agree to some other location. You and I both consent to venue and personal jurisdiction in Los Angeles, California.
23. Dispute Resolution & Arbitration Agreement
Please read the following Dispute Resolution and Arbitration agreement in this Section carefully.
23.1. Overview of Dispute Resolution Process. Boulevard is committed to participating in a consumer-friendly dispute resolution process. To that end, these Terms provide for a two-part process for individuals to whom this Section 23 applies: (1) an informal negotiation directly with any Boulevard Subscriber involved in the dispute and the Boulevard customer service team (described in paragraph 23.2, below), and if necessary (2) a binding arbitration administered by the American Arbitration Association (“AAA''). You and Boulevard each retain the right to seek resolution of the dispute in small claims court as an alternative to arbitration.
23.2. Mandatory Pre-Arbitration Dispute Resolution and Notification. At least 30 days prior to initiating an arbitration, you and Boulevard each agree to notify the other party and any related Boulevard Subscriber of the dispute in writing and attempt in good faith to negotiate an informal resolution. You must send your notice of dispute to Boulevard by email at legal@blvd.co. Boulevard will send its notice of dispute to the email address associated with your Boulevard Account or the email or phone number you provide. A notice of dispute must include: the party’s name and preferred contact information, a brief description of the dispute, and the relief sought. If the parties are unable to resolve the dispute within the 30-day period, only then may either party commence arbitration by filing a written Demand for Arbitration (available at www.adr.org) with the AAA and providing a copy to the other party as specified in the AAA Rules (available at www.adr.org).
23.3. Agreement to Arbitrate. You and Boulevard mutually agree that any dispute, claim or controversy arising out of or relating to these Terms or the applicability, breach, termination, validity, enforcement or interpretation thereof, or any use of the Boulevard Services (collectively, “Disputes”) will be settled by binding individual arbitration (the “Arbitration Agreement”). If there is a dispute about whether this Arbitration Agreement can be enforced or applies to our Dispute, you and Boulevard agree that the arbitrator will decide that issue.
23.4. Exceptions to Arbitration Agreement. You and Boulevard each agree that the following causes of action and/or claims for relief are exceptions to the Arbitration Agreement and will be brought in a judicial proceeding in a court of competent jurisdiction (as defined by Section 22): (i) any claim or cause of action alleging actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights; (ii) any claim or cause of action seeking emergency injunctive relief based on exigent circumstances (e.g., imminent danger or commission of a crime, hacking, cyber-attack); or (iii) a request for the remedy of public injunctive relief. You and Boulevard agree that the remedy of public injunctive relief will proceed after the arbitration of all arbitrable claims, remedies, or causes of action, and will be stayed pending the outcome of the arbitration pursuant to section 3 of the Federal Arbitration Act.
23.5. Arbitration Rules and Governing Law. This Arbitration Agreement evidences a transaction in interstate commerce and the Federal Arbitration Act governs all substantive and procedural interpretation and enforcement of this provision. The arbitration will be administered by the arbitrator in accordance with the Consumer Arbitration Rules and/or other AAA arbitration rules determined to be applicable by the AAA (the “AAA Rules“) then in effect, except as modified here. The AAA Rules are available at www.adr.org. In order to initiate arbitration, a completed written demand (available at www.adr.org) must be filed with the AAA and provided to the other party, as specified in the AAA rules.
23.6. Modification to AAA Rules - Arbitration Hearing/Location. In order to make the arbitration most convenient to you, Boulevard agrees that any required arbitration hearing may be conducted, at your option: (a) in the U.S. county where you reside; (b) in Los Angeles County; (c) via phone or video conference. If the amount in controversy is $5,000 or less, the parties agree to proceed solely on the submission of documents to the arbitrator.
23.7. Modification of AAA Rules - Attorney’s Fees and Costs. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Rules. Either party may make a request that the arbitrator award attorneys’ fees and costs upon proving that the other party has asserted a claim, cross-claim or defense that is groundless in fact or law, brought in bad faith or for the purpose of harassment, or is otherwise frivolous, as allowed by applicable law and the AAA Rules.
23.8. Arbitrator’s Decision. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court with proper jurisdiction. The arbitrator may award any relief allowed by law or the AAA Rules, but declaratory or injunctive relief may be awarded only on an individual basis and only to the extent necessary to provide relief warranted by the claimant’s individual claim.
23.9. Jury Trial Waiver. You and Boulevard acknowledge and agree that we are each waiving the right to a trial by jury as to all arbitrable Disputes.
23.10. No Class Actions or Representative Proceedings. You and Boulevard acknowledge and agree that, to the fullest extent permitted by law, we are each waiving the right to participate as a plaintiff or class member in any purported class action lawsuit, class-wide arbitration, private attorney general action, or any other representative or consolidated proceeding. Unless we agree in writing, the arbitrator may not consolidate more than one party’s claims and may not otherwise preside over any form of any class or representative proceeding. If there is a final judicial determination that applicable law precludes enforcement of the waiver contained in this paragraph as to any claim, cause of action or requested remedy, then that claim, cause of action or requested remedy, and only that claim, cause of action or requested remedy, will be severed from this agreement to arbitrate and will be brought in a court of competent jurisdiction. In the event that a claim, cause of action or requested remedy is severed pursuant to this paragraph, then you and we agree that the claims, causes of action or requested remedies that are not subject to arbitration will be stayed until all arbitrable claims, causes of action and requested remedies are resolved by the arbitrator.
23.11. Severability. Except as provided in Section 23.10, in the event that any portion of this Arbitration Agreement is deemed illegal or unenforceable, such provision will be severed and the remainder of the Arbitration Agreement will be given full force and effect.
23.12. Changes to Agreement to Arbitrate. If Boulevard changes this Section 23 after the date you last accepted these Terms (or accepted any subsequent changes to these Terms), you may reject that change by sending us written notice (including by email) within 30 days of the date the change is effective. Rejecting a new change, however, does not revoke or alter your prior consent to any earlier agreements to arbitrate any Dispute between you and Boulevard (or your prior consent to any subsequent changes thereto), which will remain in effect and enforceable as to any Dispute between you and Boulevard.
23.13. Survival. Except as provided in Section 23.11, this Section 23 will survive any termination of these Terms and will continue to apply even if you stop using the Boulevard Platform or terminate your Boulevard account.
24. Assignment
These Terms, and any rights and licenses granted hereunder, may not be transferred, delegated, or assigned by you, but may be assigned, transferred, or delegated by Boulevard without restriction. This Agreement is binding on the parties and their successors and permitted assigns.
25. Survival
In addition to any provision that is reasonably necessary to accomplish or enforce the purpose of this Agreement, the following sections of this Agreement survive and remain in effect in accordance with their terms upon the termination of this Agreement: 2-3, 7-9, 13-14, 16-26.
26. General Provisions
Except as expressly provided in these Terms, these Terms are a complete and exclusive statement of the mutual agreement between you and Boulevard and describe the entire liability of Boulevard and its vendors and suppliers (including processors) and your exclusive remedy with respect to your access and use of the Boulevard Services. These Terms supersede and cancel all previous written and oral agreements, communications, and other understandings relating to the subject matter of these Terms. Boulevard shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials. In the event of a conflict between these Terms and any other Boulevard agreement or policy, these Terms shall prevail on the subject matter of these Terms. If any provision of these Terms is found to be invalid or unenforceable under applicable law, then it shall be changed to the minimum extent necessary, and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect. This Agreement does not, and will not be construed to, create any partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between you and Boulevard and you do not have any authority of any kind to bind Boulevard in any respect whatsoever. Headings are included for convenience only, and shall not be considered in interpreting this Agreement. The Agreement does not limit any rights that Boulevard may have under trade secret, copyright, patent, or other laws. Boulevard’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term.