Between Us Clinic – Terms of Service
LAST UPDATED: July 27, 2023
WELCOME TO BETWEEN US CLINIC WEBSITE. PLEASE READ THIS DOCUMENT CAREFULLY.
BBH Internet Marketing (“BBH Internet Marketing” “we,” or “us”) is the owner and the operator of betweenusclinic.com website (the “Between Us Site” or “Site”) with related mobile applications and desktop applications, websites, products, courses and services such as our Premature Ejaculation (PE) and the Performance Anxiety Programs (collectively, the “Between Us Service” or “Service”).
Prior to using the Between Us Service, it is important for you to know and understand that by visiting the Site and/or using the Service, you are agreeing to accept certain liability limitations and legal and health disclaimers, which we further explain throughout this Agreement.
In other words, your use of the Between US Service is at your own risk, and we do not assume any liability, or make any warranties of any kind, express or implied, with respect to the Service or your use of the Service.
By using the Service, you consent to receiving this Agreement in electronic form. To withdraw this consent, you must cease using the Service and terminate your account.
Please contact us with any questions regarding this Agreement.
1. Who May Use the Service
AGE REQUIREMENT: You must be at least 18 years old to use the Service or the Site.
If your child is using the Between US Service and is under 18, please contact us at [email protected] immediately so that we can disable his or her access.
2. General Disclaimer:
NOTHING STATED OR POSTED ON THE BETWEEN US SERVICE IS INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICAL OR PROFESSIONAL ADVICE OR CARE.
YOUR USE OF THE BETWEEN US SERVICE OR PRODUCT OFFERED TO YOU BY US IS AT YOUR OWN RISK.
PLEASE READ OUR FULL PROFESSIONAL ADVICE AND MEDICAL DISCLAIMER BELOW BEFORE COMMENCING YOUR USE OF THE SERVICE.
BBH INTERNET MARKETING SHALL NOT BE LIABLE FOR ANY LIABILITY, OF ANY KIND, RESULTING FROM THE USE OF THE BETWEEN US SERVICE OR THE SITE.
BBH Internet Marketing provides the Between US Service on an “as is” and “as available” basis. You therefore use the Between Us Service at your own risk.
BBH Internet Marketing expressly disclaims any and all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchant ability, fitness for a particular purpose, non-infringement and any other warranty that might arise under any law.
Without limiting the foregoing, BBH Internet Marketing makes no representations or warranties:
- That the Between Us Service, or any particular program is suitable for you;
- Regarding the adequacy or safety of the Between Us Service for any particular user;
- That the Between Us Service will meet your personal needs;
- That the Between Us Service will be permitted in your jurisdiction;
- That the Between Us Service will be uninterrupted or error-free;
- That BBH Internet Marketing will continue to support any particular feature of the Between Us Service; or
- Concerning sites and resources outside of the Between Us Service, even if linked to from the Between Us Service.
BBH Internet Marketing reserves the right to modify the Between Us Service at any time and in its sole discretion. You are responsible for providing your own access (e.g., computer, mobile device, Internet connection, etc.) to the Between Us Service.
BBH Internet Marketing has no obligation to screen or monitor any content and does not guarantee that any content made available on the Between Us Service complies with this Agreement or is suitable for all users. BBH Internet Marketing shall not be responsible for loss or corruption of data, and hereby waives all claims with respect to damage to your computer system, internet access, download or display device.
To the extent that a secondary party may have access to or view Between us Service or Site content on your computer or mobile device, you are solely responsible for informing such party of all provisions, terms, disclaimers and warnings in this Agreement.
BBH Internet Marketing may supply, deliver or provide the Service via its affiliates and other third parties and make its best endeavours to make the Service available to you in a discreet manner. By agreeing to the Terms you accept that under no circumstances. We shall be liable for any consequences caused by an act or omission by our affiliates and third parties not under our direct control.
To the extent any disclaimer or limitation of liability in this Agreement does not apply, all applicable express, implied, and statutory warranties will be limited in duration to a period of thirty (30) days after the date on which you first used the Between US Service, and no warranties shall apply after such period.
3. Medical Disclaimer
BBH INTERNET MARKETING DOES NOT MAKE ANY MEDICAL CLAIMS OR WARRANTIES REGARDING THE USE AND THE ACCURACY OF THE SERVICE OR AS TO THE ACCURACY OF THE CONTENT IN THE SITE. THE CONTENT PRESENTED IS GENERAL IN NATURE AND THE SERVICE MAY NOT BE FOR EVERYONE AND MAY HAVE SIDE EFFECTS. YOU SHOULD CONSULT YOUR DOCTOR BEFORE TAKING ANY MEDICATION.
STATEMENTS MADE ON THIS SITE ARE NOT AN ENDORSEMENT OF ANY SPECIFIC PRODUCT OR SERVICE, OR A RECOMMENDATION AS TO HOW TO TREAT ANY PARTICULAR HEALTH CONCERN. BBH INTERNET MARKETING SHALL HAVE NO LIABILITY AS A PUBLISHER OF CONTENT OR RE-SELLER OF ANY PRODUCTS OR SERVICES, INCLUDING, WITHOUT LIMITATION, ANY LIABILITY FOR DEFECTIVE PRODUCTS.
READ ALL SERVICE LABELS BEFORE USE. WHILE WE ATTEMPT TO PROVIDE AS MUCH INFORMATION AS POSSIBLE REGARDING SIDE EFFECTS AND PRODUCT CONTRAINDICATIONS, WE MAY FAIL TO COVER ALL PERTINENT INFORMATION.
WITHOUT DEROGATING FROM THE ABOVE, THE CONTENT PROVIDED FROM OR ON THIS SITE IS PROVIDED “AS IS”, AND BBH INTERNET MARKETING MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND WITH RESPECT TO THAT CONTENT WHETHER STATUTORY, EXPRESS OR IMPLIED AND HEREBY DISCLAIMS ALL WARRANTIES FOR SUCH CONTENT INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANT ABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RELATING TO SUCH CONTENT.
IN NO EVENT SHALL BBH INTERNET MARKETING OR ANY OTHER PARTY INVOLVED IN PRODUCING, HOSTING, OR DELIVERING THE CONTENT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DAMAGES WHATSOEVER, INCLUDING (WITHOUT LIMITATION) SPECIAL, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES INCLUDING ANY DAMAGES RESULTING FROM USE OF OR RELIANCE ON THE CONTENT PRESENTED ON THE SITE, LOSS OF PROFITS OR REVENUES OF COSTS OF REPLACEMENT GOODS.
WITHOUT LIMITING THE FOREGOING, YOU ACKNOWLEDGE THAT BBH INTERNET MARKETING DOES NOT UNDERTAKE THAT THE SITE OR SERVICE WILL OPERATE WITHOUT MISTAKES OR BE ERRORS FREE OR THAT THE CONTENT BE ACCURATE OR THE SERVICE PRODUCE THE RESULTS YOU EXPECT OR ANTICIPATE.
BBH INTERNET MARKETING ASSUMES NO RESPONSIBILITY AND LIABILITY FOR, AND MAKES NO REPRESENTATIONS WITH RESPECT TO, THE ACCURACY OF THAT CONTENT AND FOR ANY ACTION TAKEN THAT IS BASED ON THE CONTENT PRESENTED ON THIS SITE.
YOU SHOULD CONSULT YOUR PHYSICIAN OR OTHER HEALTH CARE PROFESSIONAL BEFORE STARTING THE SERVICE TO DETERMINE IF IT IS RIGHT FOR YOUR NEEDS.
In rare cases, premature ejaculation could be caused by medical conditions such as diabetes, erectile dysfunction, neurological conditions such as Multiple Sclerosis, or urological disorders such as urethritis. We recommend having regular wellness check-ups, or seeking the advice of a doctor, especially if premature ejaculation has started suddenly.
DO NOT USE THE BETWEEN US SERVICE IF YOUR PHYSICIAN OR HEALTH CARE PROVIDER ADVISES AGAINST IT.
THE BETWEEN US SERVICE IS DESIGNED FOR INFORMATIONAL PURPOSES ONLY. NOTHING STATED OR POSTED ON THE BETWEEN US SITE OR AVAILABLE THROUGH ANY BETWEEN US SERVICES IS INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICAL, PROFESSIONAL OR COUNSELING CARE.
FOR THE PURPOSES OF THIS AGREEMENT, THE PRACTICE OF MEDICINE AND COUNSELING INCLUDES, WITHOUT LIMITATION, PSYCHIATRY, PSYCHOLOGY, PSYCHOTHERAPY, UROLOGY, SEX-THERAPY, COUPLES’ COUNSELING OR PROVIDING HEALTH, TREATMENT, INSTRUCTIONS, DIAGNOSIS, PROGNOSIS OR ADVICE.
YOU SHOULD NOT RELY ON ANY INFORMATION ON THE BETWEEN US SERVICE AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. IF YOU HAVE ANY CONCERNS OR QUESTIONS ABOUT YOUR HEALTH, YOU SHOULD ALWAYS CONSULT A PHYSICIAN OR OTHER HEALTH-CARE PROFESSIONAL.
DO NOT EVER DISREGARD, AVOID OR DELAY OBTAINING MEDICAL OR HEALTH RELATED ADVICE FROM YOUR HEALTH-CARE PROFESSIONAL BECAUSE OF SOMETHING YOU MAY HAVE READ ON THE SERVICE. THE USE OF ANY INFORMATION PROVIDED ON THE SERVICE IS SOLELY AT YOUR OWN RISK.
IF YOU ARE IN THE UNITED STATES AND THINK YOU ARE HAVING A MEDICAL OR HEALTH EMERGENCY, CALL YOUR HEALTH CARE PROFESSIONAL, OR 911, IMMEDIATELY.
THE BETWEEN US SITE AND SERVICE IS CONTINUALLY UNDER DEVELOPMENT AND BBH INTERNET MARKETING MAKES NO WARRANTY OF ANY KIND, IMPLIED OR EXPRESS, AS TO ITS ACCURACY, COMPLETENESS OR APPROPRIATENESS FOR ANY PURPOSE.
IN THAT REGARD, DEVELOPMENTS IN MEDICAL RESEARCH MAY IMPACT GENERAL HEALTH, FITNESS AND ADVICE. NO ASSURANCE CAN BE GIVEN THAT THE INFORMATION CONTAINED ON THE BETWEEN US SITE AND SERVICE WILL ALWAYS INCLUDE THE MOST RECENT DEVELOPMENTS WITH RESPECT TO THE PARTICULAR MATERIAL.
Additional Disclaimer for the Premature Ejaculation (PE) Program “Plus” and “Premium” Plans
Member acknowledges and agrees that the experts providing sex & relationship advice included in the “Premium” plan (answers to sex & relationship questions) and premature ejaculation consultation included in the “Plus” and “Premium” plans are neither employees or agents of BBH Internet Marketing or any of its affiliates.
All experts are independent contractors of BBH Internet Marketing, and because they are independent contractors, BBH Internet Marketing does not control the quality, relevancy, or accuracy of any advice provided by an expert.
ANY OPINION, RESPONSE, ADVICE, SUGGESTION, PREDICATION, INFORMATION, AND/OR OTHER SERVICE PROVIDED BY ANY EXPERT IS PROVIDED FOR ENTERTAINMENT PURPOSES ONLY.
The advice or information provided by the experts using the Between Us Service is provided for informational purposes only and cannot be considered a substitute for an in-person meeting or a face-to-face physical examination. Members should not rely on or make health, legal, financial, relationship, marital, or other decisions based on advice provided by any expert.
We strongly recommend that a member seeking medical or mental health advice see a qualified professional in person.
4. Limitation of Liability
To the fullest extent permitted by law: (i) in no event shall BBH Internet Marketing, nor its affiliates, be liable for any direct, indirect, incidental, special, consequential, punitive, or exemplary damages, including but not limited to damages for personal injury, death, pregnancy, partner’s pregnancy, Sexual Transmitted Diseases, loss of livelihood, loss of enjoyment, pain and suffering, emotional distress, loss of profits, loss of future earnings, goodwill, use, and/or any other damages or other intangible losses; and (ii) BBH Internet Marketing’s, and its affiliates’ total liability to you shall not exceed the amounts paid by you to BBH Internet Marketing over the three (3) months preceding your claim(s).
IF YOU DO NOT ACCEPT THIS LIMITATION OF LIABILITY, YOU ARE NOT AUTHORIZED TO OBTAIN OR ACCESS ANY MATERIAL THROUGH THE SERVICE OR SITE.
You agree to indemnify, defend and hold harmless BBH INTERNET MARKETING, the owners, other officials, partners, partnerships, principals, employees, affiliates and other related entities, servants, agents, representatives, successors and assigns from and against any claim or demand, including reasonable attorneys’ fees, arising out of the Content you post to, submit or transmit through the Site, your use of the Site or the Services, your connection to the Services, your violation of these Terms of Service, or your violation of any rights of another.
6. Membership Provisions
REGISTRATION: To fully use the Between Us Service, you must register as a member by providing a user name, password, valid email address and valid credit card information. You must provide complete and accurate registration information to BBH Internet Marketing and notify us if your information changes.
USER NAME: You may not use someone else’s name, a name that violates any third party right, or a name that is obscene or otherwise objectionable.
NON-COMMERCIAL USE: Use of the Site and Service is for personal use only. Members may not use the Service in connection with any commercial endeavors, such as (i) advertising or soliciting any user to buy or sell any products or services; or (ii) for commercial purposes. Users of the Site may not use any information obtained from the Service to contact, advertise to, solicit, or sell to any other user without his or her prior explicit consent.
Organizations, companies, and/or businesses may not use the Service or the Site for any purpose unless expressly authorized by BBH Internet Marketing. If you wish to inquire about possible commercial use, please contact us at [email protected].
BBH Internet Marketing may investigate and take any available legal action in response to illegal and/or unauthorized uses of the Site or the Service.
ACCOUNT SECURITY: You are responsible for all activity that occurs under your account, including any activity by unauthorized users. You must not allow others to use your account. You must safeguard the confidentiality of your password. If you are using a computer that others have access to, you must log out of your account after using the Between Us Service. If you become aware of any unauthorized access to your account, you must change your password and notify us immediately at [email protected].
7. Your Representations and Warranties as a Member
In becoming a Member of Between Us with the intent of using any of its programs, courses or services, you affirm that either (A) all of the following statements are true: (i) no physician has ever informed you that you are not allowed to perform sexual activities or that you should only do physical activities recommended by a physician or you suffer from Premature Ejaculation related medical conditions such as diabetes, erectile dysfunction, neurological conditions such as Multiple Sclerosis, or urological disorders such as urethritis.; (ii) you have never felt chest pain when engaging in sexual activity; (iii) you have not experienced chest pain when not engaged in sexual activity at any time within the past several months; (iv) your partner have given you an explicit consent to have sexual relations with her and is over the age of 18; (v) you do not have any kind of injury or problem that could be made worse by performing sexual activity; (vi) your physician is not currently prescribing drugs for your blood pressure or heart condition; (vii) you do not have a history of high blood pressure, and no one in your immediate family has a history of high blood pressure or heart problems; and (viii) you do not know of any other reason you should not perform sexual activity; or (B) your physician has specifically approved of your use of the Between us service.
You know that unprotected sexual relations can cause sexual transmitted diseases (STDs) and you and your partner do not suffer from any STD such as: Chlamydia, Crabs, Scabies, Gonorrhea, Hepatitis B, Hepatitis C, Herpes, HIV, HPV, Syphilis, Trichomoniasis, Bacterial Vaginosis, Throat gonorrhea, Throat chlamydia or any other sexual transmitted disease. PERFORMING ANY SEXUAL
ACTIVITY IS AT YOUR OWN RISK. BBH INTERNET MARKETING WILL TAKE NO RESPONSIBILITY OF ANY KIND OF DISEASE, INJURY OR UNWANTED PREGNANCY CAUSED BY ANY FORM OF SEXUAL ACTIVITY.
If applicable, you further affirm that (A) you are aware of the risk in transmitting Sexual transmitted diseases in unprotected sexual relations (B) aware that sexual relations can lead to pregnancy (C) Will have sexual relations only by explicit consent of your partner which is over 18 years old AND (D) your physician has specifically approved your use of the Between Us service.
9.1. Non-Free Trial Terms and Conditions
The terms below apply to purchases you’ve made on our website without a free trial, meaning you were charged immediately after entering your payment details.
a. Subscription Fees (Non-Free Trial)
The Premature Ejaculation (PE) Program contains several membership plans, all of which are described in this link. All membership plans require recurring payments.
The Performance anxiety program involves a one-time payment for services as described in this link.
You will be charged in accordance with the billing terms you agreed to at the time you signed up. If you want to change or terminate your subscription, please contact us at [email protected].
The pricing of our Services may vary periodically. We cannot guarantee that the price of your subscription is the lowest available, or historically lowest or best, price.
b. Refund Policy (Non-Free Trial)
If you aren’t satisfied with the Premature Ejaculation (PE) Program, for any reason, please let us know within 14 days of the purchase date and we will send you a full refund – no questions asked. This policy applies to all Premature Ejaculation (PE) Program plans.
If you aren’t satisfied with the Performance Anxiety Program, for any reason, please let us know within 90 days of the purchase date and we will send you a full refund – no questions asked.
Refunds will be sent within 7-10 business days of receipt of the cancellation request.
9.2. Free Trial Terms and Conditions
The terms below apply to purchases you’ve made on our website with a free trial, meaning you were not charged immediately after entering your payment details.
a. Trial Period
Occasionally and in some campaigns, we may offer a 7-day free trial to Between Us Clinic programs (“Trial Period”). During the Trial Period, you will have full access to the program you signed up for, at no charge. If you cancel your subscription before the end of the Trial Period, you will not be charged.
b. Subscription and Renewal
After the Trial Period, if you signed up for the “Premature Ejaculation Program” (“Basic” plan), your subscription will automatically renew for $12 per month (“Subscription Fee”) unless you cancel your subscription. We will continue to charge you the Subscription Fee on a monthly basis until you cancel your subscription. The Subscription Fee may change from time to time, but we will notify you of any changes before they take effect.
If you signed up for the “Performance Anxiety Program”, you will be automatically charged a one-time payment of $37 after the Trial Period.
You must provide a valid payment method, such as a credit card or PayPal account, to start your free trial. By providing your payment method, you authorize us to charge you the Subscription Fee each month until you cancel your subscription. If your payment method fails, we may suspend or cancel your subscription.
You may cancel your subscription to the “Premature Ejaculation Program” at any time by contacting our customer support team. If you cancel your subscription during the Trial Period, you will not be charged. If you cancel your subscription after the Trial Period, you will not be charged for any future months, but you will not receive a refund for any Subscription Fees already paid.
If you cancel your subscription to the “Performance Anxiety Program” during the Trial Period, you will not be charged. You can do so by contacting us.
We do not offer refunds for Subscription Fees already paid. If you cancel your subscription, your access to the Program will continue until the end of your current billing period.
When you sign up for our Service and provide a payment method to BBH Internet Marketing or to our partners, you are granting your express consent and are expressly authorizing us (and our designated payment processor) to automatically charge you for the Service.
If you provide a payment method and our charge results in an overdraft, charge-back or other fees from your bank, you alone are responsible for that fee.
EVEN IF YOU DO NOT USE THE SUBSCRIPTION OR ACCESS THE BETWEEN US SERVICE, YOU WILL BE RESPONSIBLE FOR ANY SUBSCRIPTION FEES UNTIL YOU CANCEL YOUR SUBSCRIPTION OR IT IS OTHERWISE TERMINATED.
To cancel, please contact us at [email protected].
BBH Internet Marketing may change, modify, add, remove, suspend, cancel or discontinue any aspect of its subscriptions including the functionality, content, and/or availability of any features of such subscriptions at any time in BBH Internet Marketing’s sole discretion.
10. Term and Termination; Account Deletion
TERM: This Agreement begins on the date you first use the Between Us Service and continues as long as you have an account with us.
CANCELING YOUR SUBSCRIPTION: To cancel your subscription, Please contact us at [email protected].
ACCOUNT DELETION: You may delete your account at any time. We reserve the right, but are under no obligation to, to delete an account from the Between Us Service that remains inactive (i.e., the user fails to log in) for a continuous period of at least six (6) months, or immediately when payment expires, is withdrawn or otherwise ceases. In order to delete your account please contact us at [email protected].
You agree that we, in our sole discretion, may terminate your use of the Site and/or the Services, and remove and discard any Content or Service, for any reason, including, without limitation, for lack of use or if we believe that you have violated or acted inconsistently with the letter or spirit of the Terms of Service.
We may also in its sole discretion and at any time discontinue providing the Site or the Services, or any part thereof, with or without notice. You agree that any termination of your access to the Services under any provision of this Terms of Service may be effected without prior notice, and acknowledge and agree that we may immediately deactivate or delete your password and all related Content and/or files corresponding to your password and/or bar any further access to such files or the Services.
If BBH Internet Marketing deletes your account for the foregoing reasons, you may not re-register for the Between Us Service. BBH Internet Marketing may block your email address and Internet protocol address to prevent further registration. BBH Internet Marketing is not required to disclose, and may be prohibited by law from disclosing, the reason for the termination or suspension of your account.
After your membership or subscription is terminated for any reason, all terms of this Agreement survive such termination, and continue in full force and effect, except for any terms that by their nature expire or are fully satisfied.
11. Code of Conduct and Prohibited Activities
You agree that in connection with your use of the Site, the Services, and the Content you will not:
- Upload, post, email or otherwise transmit any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of anyone’s privacy, hateful, or racially, ethnically or otherwise objectionable;
- Harm or attempt to harm minors in any way;
- Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
- Upload, post, email or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements, private or sensitive information);
- Upload, post, email or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright or other intellectual property right of any party;
- Upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
- Upload, post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- Create false accounts.
- You must not defame, stalk, bully, abuse, harass, threaten, impersonate or intimidate people or entities and you must not post private or confidential information via the Service, including, without limitation, your or any other person’s credit card information, social security or alternate national identity numbers, non-public phone numbers or non-public email addresses;
- Interfere with or disrupt the Site, the Services, the Content or servers or networks connected to the Site, the Services or the Content, or disobey any requirements, procedures, policies or regulations of networks connected to the Site, the Services and/or the Content;
- Intentionally or unintentionally violate any applicable local, state, national or international law.
- Reproduce, republish, download, post, transmit, distribute, copy, publicly display or otherwise use any Content or any derivative works based on the Site, Services or the Content, in whole or in part.
12. Advertising, Third Party Links and Content
We reserve the right to accept or reject any advertisement submitted for publication on the Site. However, we do not attempt to investigate or verify claims, including claims of compliance with the Terms made in advertisements appearing in the Site.
The appearance of advertising in the Site in no way implies endorsement or approval by us of any advertising claims or of the advertiser, its product, or services. We disclaims any liability whatsoever in connection with advertising appearing in the Site.
Your correspondence or business dealings with, or participation in promotions of, advertisers and vendors found on or through the Services or the Site, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser and/or vendor.
You agree that we shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers or vendors on the Site or in connection with the Services. All of your business dealings with vendors and advertisers appearing on the Site or in connection with the services shall be at your sole risk.
The Site and/or Services may provide, or third parties may provide, links to other World Wide Web Sites or resources. Because we have no control over such Sites and resources, you acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable for any content, advertising, products, or other materials on or available from such Sites or resources including but not limited to content which purports to describe the services offered on the website.
You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such Site or resource.
Your participation, correspondence or business dealings with any third party found on or through the Between Us Sites and Service (i.e., a linked site), regarding payment and delivery of specific goods and services, and any other terms, conditions, representations or warranties associated with such dealings, are solely between you and such third party.
You agree that BBH Internet Marketing shall not be responsible or liable for any loss, damage, or other matters of any sort incurred as the result of such dealings.
13. Intellectual Property
You acknowledge that the Between Us Site and Services contain software, graphics, photos, videos, know-how, product ideas, comments and other material (collectively, “Content”) that is protected by copyrights, patents, trademarks, trade secrets or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereafter developed.
All BBH Internet Marketing-generated Content and Content devolved for BBH Internet Marketing by its partners and licensors is copyrighted individually and/or as a collective work under the Israeli copyright laws; further, BBH Internet Marketing owns a copyright in the selection, coordination, arrangement and enhancement of all content in the Between Us Site.
Our intellectual property (e.g., logo and trademarks, whether registered or not) may not be copied, imitated or used, in whole or in part, without our prior written consent. In addition, all page headers, custom graphics, button icons and scripts are service marks, trademarks and/or trade dress and may not be copied, imitated or used, in whole or in part, without prior written permission from Us
The Between Us name, logos and affiliated Sites and technologies are the exclusive property of BBH Internet Marketing. All other trademarks appearing on the Services are trademarks of their respective owners. Our partners or service providers may also have additional proprietary rights in the content which they make available through the Services.
The trade names, trademarks and service marks owned by us, whether registered or unregistered, may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion. Nothing contained on the Services should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of our trade names, trademarks or service marks without our express prior written consent.
BBH Internet Marketing owns and retains all proprietary rights in the Site and the Service, and in all content, trademarks, trade names, service marks and other intellectual property rights related thereto.
14. General Provisions
The Service is controlled, operated and administered by BBH Internet Marketing from our offices within Israel. If you access the Service from a location outside of Israel, you are responsible for compliance with all local laws.
You agree that you will not use BBH Internet Marketing’s Content accessed through the Between Us Service in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
Our failure to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the Terms are for convenience only and have no legal or contractual effect.
DISPUTE RESOULTION, JURISDICTION & GOVERNING LAW:
This Agreement, and any dispute between you and BBH Internet Marketing, shall be governed by the laws of the state of Israel without regard to principles of conflicts of law.
To the maximum extent permitted by law, this agreement is governed by the laws of the State of Israel and you hereby consent to the exclusive jurisdiction and venue of courts in Tel-Aviv, Israel in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and BBH Internet Marketing as a result of this agreement or use of the Site.
NOTICES: You consent to receive all communications including notices, agreements, disclosures, or other information from BBH Internet Marketing electronically. BBH Internet Marketing may provide all such communications by email or by posting them on the Between Us Service. For support-related inquiries, you may send an email to [email protected] or the following address:
BBH Internet Marketing
8 Shlomo Ben Yosef St.,
Tel Aviv, Israel
Attention: Legal Department
Nothing herein shall limit BBH Internet Marketing’s right to object to subpoenas, claims, or other demands.
MODIFICATION: This Agreement may not be modified except by a revised Terms of Service posted by BBH Internet Marketing on the Between Us Site or a written amendment signed by an authorized representative of BBH Internet Marketing. A revised Terms of Service will be effective as of the date it is posted on the Between Us Site.
ENTIRE AGREEMENT: This Agreement incorporates the following documents by reference.