Bedrock Funding, LLC
Terms of Use
Last Modified on February 14, 2018
IMPORTANT: PLEASE READ THE TERMS of Use CAREFULLY BEFORE CONTINUING to use this mobile App.
SECTION 18 OF THIS TERMS OF USE AGREEMENT CONTAINS A BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER. IF YOU LIVE IN THE UNITED STATES, THIS SECTION AFFECTS YOUR RIGHTS ABOUT HOW TO RESOLVE DISPUTES THAT YOU MAY HAVE WITH US. PLEASE READ IT CAREFULLY.
This Terms of Use (the “Agreement”) applies to the Bedrock Funding mobile application (the “App”) provided by Bedrock Funding, LLC (“Bedrock”).
1. Acceptance of Terms and Conditions
By continuing to use the App, you agree as follows:
2. Bedrock’s License to You
Bedrock grants you a single, non-exclusive, non-transferable and limited personal license to access and use the App. This license is conditioned on your continued compliance with the terms and conditions in this Agreement. You may not rent, lease, lend, sell, transfer redistribute, or sublicense the App and, if you sell or otherwise transfer a device on which the App is installed to a third party, you must remove the App from such device before doing so. You may not copy, decompile, reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the App, any updates, or any part thereof (except as and only to the extent that any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open-sourced components included with the App).
3. Your License to Bedrock
Any communications or material of any kind that you email, post, or otherwise transmit to Bedrock using the App, including data, questions, comments, or suggestions (your “Communications”) will become the property of Bedrock. You hereby grant a license to Bedrock to use any ideas, concepts, know-how, or techniques contained in your Communications for any purpose including, but not limited to, developing and marketing products using such information.
4. Electronic Signatures
You agree to be bound by any assent or agreement you transmit to Bedrock using the App, including but not limited to any consent you give to receive communications from Bedrock solely through electronic transmission. You agree that, when in the future you click on an “I agree,” “I consent” or other similarly worded “button” or entry field in the App, your agreement or consent will be legally binding and enforceable and the legal equivalent of your handwritten signature.
5. Carrier Charges
Bedrock does not charge for the App, but your carrier’s data rates may apply to your use of the App.
6. Messages from Bedrock
You understand that you may receive business-related communications from Bedrock through the App or through email or text messaging, such as announcements and account administrative notices. You agree that these communications are not “unsolicited commercial email advertisements” and thus you agree to receive them and you will not be able to opt out of receiving such communications. Standard text messaging charges applied by your cell phone carrier will apply to text messages we send.
7. Use of the App
The following requirements apply to your use of the App:
8. Modification, Termination, and Monitoring of the App
Bedrock reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the App (or any part thereof) with or without notice. You agree that Bedrock will not be liable to you or any third party for any modification, suspension or discontinuance of the App.
Bedrock reserves the right to monitor use of the App to determine compliance with this Agreement, as well as the right to edit, refuse to post or remove any information or materials, in whole or in part, at its sole discretion. We reserve the right to refuse access to the App to anyone, for any reason, at any time.
9. Security of Data Transmission and Storage
Electronic communications using the App may not always be encrypted. You acknowledge that there is a risk that data, including email, electronic communications, and personal data, may be accessed by unauthorized third parties when communicated between you and Bedrock or between you and other parties.
Bedrock and its affiliates, and agents are permitted, but not obligated, to review or retain your Communications. Bedrock may monitor your Communications to evaluate the quality of service you receive, your compliance with the Agreement, the security of the App, or for other reasons. You agree that such monitoring activities will not entitle you to any cause of action or other right with respect to the manner in which Bedrock or its affiliates or agents monitor your Communications and enforces or fails to enforce the terms of the Agreement. In no event will Bedrock or any of its affiliates or agents be liable for any costs, damages, expenses, or any other liabilities incurred by you as a result of monitoring activities by Bedrock or its affiliates or agents.
10. Hyperlinks
The App may contain links to other sites and software applications (the “Linked Services”). Bedrock does not control the Linked Services, and Bedrock and its affiliates and agents make no representations whatsoever concerning the content, accuracy, security or privacy of those Linked Services. The fact that Bedrock has provided a link to an external location is not an endorsement, authorization, sponsorship, or affiliation with respect to such Linked Services, its owners or its providers. There are risks in using any information, software, or products found on the Internet, and Bedrock cautions you to make sure you understand these risks before retrieving, using, relying upon, or purchasing anything via the Internet. You agree that under no circumstances will you hold Bedrock or its affiliates or agents liable for any loss or damage caused by use of or reliance on any content, goods, or services available on Linked Services.
11. Trademarks and Copyrights
The App is owned by Bedrock or its affiliates or agents, and is protected by United States copyright laws and international treaty provisions. All content, trademarks, services marks, trade names, logos, and icons are proprietary to Bedrock or its affiliates or agents. Nothing contained in the App should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark displayed in the App without the written permission of Bedrock or such third party that may own the trademarks displayed in the App. Your use of the trademarks displayed in the App, or any other content in the App, except as provided herein, is strictly prohibited.
Images displayed through the App are either the property of, or used with permission by, Bedrock or its affiliates or agents. You are prohibited from using or authorizing the use of these images unless specifically permitted under the Agreement. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, or other regulations and statutes.
12. Disclaimer of Warranties
YOUR USE OF THE APP IS ENTIRELY AT YOUR SOLE RISK. THE APP IS PROVIDED BY BEDROCK ON AN “AS IS” BASIS. BEDROCK EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. BEDROCK MAKES NO WARRANTY THAT (i) THE APP WILL MEET YOUR REQUIREMENTS, (ii) THAT OPERATION OF THE APP WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE APP WILL BE ACCURATE OR RELIABLE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM BEDROCK, OR THROUGH THE APP SHALL CREATE ANY WARRANTY REGARDING THE APP NOT EXPRESSLY STATED IN THIS AGREEMENT.
13. Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT BEDROCK SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF BEDROCK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM THE USE OR THE INABILITY TO USE THE APP OR ANY OTHER MATTER RELATING TO THE APP.
14. Indemnification
You agree to indemnify and hold Bedrock and its affiliates, agents, employees, and licensors harmless from any claim, demand, loss, costs, or expense, including attorneys’ fees, made by any person arising out of your violation of this Agreement, state or federal securities laws or regulations, or any other person’s rights, including but not limited to infringement of any copyright or violation of any proprietary or privacy right. Under no circumstances, including but not limited to a negligent act, will Bedrock or its affiliates or agents be liable for any damages of any kind that result from the use of, or the inability to use, the App.
15. Your Personal Information
Personal and certain other information is subject to our Privacy Statement. As a condition of using the App you agree to the terms of the Privacy Statement, as it may be changed from time to time. Our Privacy Statement, which is incorporated here by reference, is located at http://www.bedrockfunding.net/. You agree that your use of the App is subject to the Privacy Policy.
16. Disclosures Required by Law
Bedrock reserves the right at all times to disclose any information, including personally identifiable information about you, as necessary to satisfy any applicable law, regulation, legal process or governmental request. Bedrock reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing Bedrock to disclose the identity of any user believed to be in violation of this Agreement.
BY ACCEPTING THIS AGREEMENT, YOU WAIVE ALL RIGHTS AND AGREE TO HOLD BEDROCK HARMLESS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY BEDROCK DURING OR AS A RESULT OF ITS INVESTIGATIONS OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER BEDROCK OR LAW ENFORCEMENT AUTHORITIES.
17. Governing Law
The Agreement, and all future agreements you shall enter into with Bedrock, unless otherwise indicated on such other agreement, shall be governed by the law of the State of Texas, without regard to conflicts of law principles thereof. This is the case regardless of whether you reside or transact business with Bedrock or any of its affiliates or agents in the State of Texas or elsewhere. Unless a dispute would be governed by the terms of Section 18 below, you agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Travis County, Texas.
18. Binding Arbitration
18.4.Exceptions to Arbitration. You and Bedrock agree that the following Claims are not subject to the above provisions concerning negotiations and binding arbitration: (i) any Claim seeking to enforce or protect, or concerning the validity of, any of your or Bedrock’s intellectual property rights; (ii) any Claim related to, or arising from, allegations of theft, piracy, invasion of privacy or unauthorized use; and (iii) any claim for equitable relief. In addition to the foregoing, either party may assert an individual action in small claims court for Claims that are within the scope of such court’s jurisdiction in lieu of arbitration.
Bedrock Funding, LLC
Terms of Use
Last Modified on February 14, 2018
IMPORTANT: PLEASE READ THE TERMS of Use CAREFULLY BEFORE CONTINUING to use this mobile App.
SECTION 18 OF THIS TERMS OF USE AGREEMENT CONTAINS A BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER. IF YOU LIVE IN THE UNITED STATES, THIS SECTION AFFECTS YOUR RIGHTS ABOUT HOW TO RESOLVE DISPUTES THAT YOU MAY HAVE WITH US. PLEASE READ IT CAREFULLY.
This Terms of Use (the “Agreement”) applies to the Bedrock Funding mobile application (the “App”) provided by Bedrock Funding, LLC (“Bedrock”).
1. Acceptance of Terms and Conditions
By continuing to use the App, you agree as follows:
- You understand and intend that this Agreement is a legally binding agreement and the equivalent of a signed, written contract;
- You will use the App in a manner consistent with applicable laws and regulations and in accordance with the terms and conditions in this Agreement as it may be amended by Bedrock from time to time; and
- You understand, accept, and have received this Agreement and its terms and conditions, and acknowledge and demonstrate that you can access this Agreement.
2. Bedrock’s License to You
Bedrock grants you a single, non-exclusive, non-transferable and limited personal license to access and use the App. This license is conditioned on your continued compliance with the terms and conditions in this Agreement. You may not rent, lease, lend, sell, transfer redistribute, or sublicense the App and, if you sell or otherwise transfer a device on which the App is installed to a third party, you must remove the App from such device before doing so. You may not copy, decompile, reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the App, any updates, or any part thereof (except as and only to the extent that any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open-sourced components included with the App).
3. Your License to Bedrock
Any communications or material of any kind that you email, post, or otherwise transmit to Bedrock using the App, including data, questions, comments, or suggestions (your “Communications”) will become the property of Bedrock. You hereby grant a license to Bedrock to use any ideas, concepts, know-how, or techniques contained in your Communications for any purpose including, but not limited to, developing and marketing products using such information.
4. Electronic Signatures
You agree to be bound by any assent or agreement you transmit to Bedrock using the App, including but not limited to any consent you give to receive communications from Bedrock solely through electronic transmission. You agree that, when in the future you click on an “I agree,” “I consent” or other similarly worded “button” or entry field in the App, your agreement or consent will be legally binding and enforceable and the legal equivalent of your handwritten signature.
5. Carrier Charges
Bedrock does not charge for the App, but your carrier’s data rates may apply to your use of the App.
6. Messages from Bedrock
You understand that you may receive business-related communications from Bedrock through the App or through email or text messaging, such as announcements and account administrative notices. You agree that these communications are not “unsolicited commercial email advertisements” and thus you agree to receive them and you will not be able to opt out of receiving such communications. Standard text messaging charges applied by your cell phone carrier will apply to text messages we send.
7. Use of the App
The following requirements apply to your use of the App:
- You will not use any electronic communication feature of the App for any purpose that is unlawful, tortious, abusive, intrusive on another’s privacy, harassing, libelous, defamatory, embarrassing, obscene, threatening, or hateful.
- You will not use the App to upload, post, reproduce, or distribute any information, software, or other material protected by copyright or any other intellectual property right (as well as rights of publicity and privacy) without first obtaining the permission of the Bedrock of such rights.
- You will not collect or store personal data about other users of the App.
- You will not use the App for any commercial purpose not expressly approved by Bedrock in writing. You will not use the App to upload, post, email, or otherwise transmit any advertising or promotional materials, including without limitation, “junk mail,” “surveys,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation or unauthorized communication.
- You will not upload, post, email, or otherwise transmit any material that contains viruses or any other computer code, files, or programs which might interrupt, limit, or interfere with the functionality of any computer software or hardware or telecommunications equipment.
8. Modification, Termination, and Monitoring of the App
Bedrock reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the App (or any part thereof) with or without notice. You agree that Bedrock will not be liable to you or any third party for any modification, suspension or discontinuance of the App.
Bedrock reserves the right to monitor use of the App to determine compliance with this Agreement, as well as the right to edit, refuse to post or remove any information or materials, in whole or in part, at its sole discretion. We reserve the right to refuse access to the App to anyone, for any reason, at any time.
9. Security of Data Transmission and Storage
Electronic communications using the App may not always be encrypted. You acknowledge that there is a risk that data, including email, electronic communications, and personal data, may be accessed by unauthorized third parties when communicated between you and Bedrock or between you and other parties.
Bedrock and its affiliates, and agents are permitted, but not obligated, to review or retain your Communications. Bedrock may monitor your Communications to evaluate the quality of service you receive, your compliance with the Agreement, the security of the App, or for other reasons. You agree that such monitoring activities will not entitle you to any cause of action or other right with respect to the manner in which Bedrock or its affiliates or agents monitor your Communications and enforces or fails to enforce the terms of the Agreement. In no event will Bedrock or any of its affiliates or agents be liable for any costs, damages, expenses, or any other liabilities incurred by you as a result of monitoring activities by Bedrock or its affiliates or agents.
10. Hyperlinks
The App may contain links to other sites and software applications (the “Linked Services”). Bedrock does not control the Linked Services, and Bedrock and its affiliates and agents make no representations whatsoever concerning the content, accuracy, security or privacy of those Linked Services. The fact that Bedrock has provided a link to an external location is not an endorsement, authorization, sponsorship, or affiliation with respect to such Linked Services, its owners or its providers. There are risks in using any information, software, or products found on the Internet, and Bedrock cautions you to make sure you understand these risks before retrieving, using, relying upon, or purchasing anything via the Internet. You agree that under no circumstances will you hold Bedrock or its affiliates or agents liable for any loss or damage caused by use of or reliance on any content, goods, or services available on Linked Services.
11. Trademarks and Copyrights
The App is owned by Bedrock or its affiliates or agents, and is protected by United States copyright laws and international treaty provisions. All content, trademarks, services marks, trade names, logos, and icons are proprietary to Bedrock or its affiliates or agents. Nothing contained in the App should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark displayed in the App without the written permission of Bedrock or such third party that may own the trademarks displayed in the App. Your use of the trademarks displayed in the App, or any other content in the App, except as provided herein, is strictly prohibited.
Images displayed through the App are either the property of, or used with permission by, Bedrock or its affiliates or agents. You are prohibited from using or authorizing the use of these images unless specifically permitted under the Agreement. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, or other regulations and statutes.
12. Disclaimer of Warranties
YOUR USE OF THE APP IS ENTIRELY AT YOUR SOLE RISK. THE APP IS PROVIDED BY BEDROCK ON AN “AS IS” BASIS. BEDROCK EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. BEDROCK MAKES NO WARRANTY THAT (i) THE APP WILL MEET YOUR REQUIREMENTS, (ii) THAT OPERATION OF THE APP WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE APP WILL BE ACCURATE OR RELIABLE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM BEDROCK, OR THROUGH THE APP SHALL CREATE ANY WARRANTY REGARDING THE APP NOT EXPRESSLY STATED IN THIS AGREEMENT.
13. Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT BEDROCK SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF BEDROCK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM THE USE OR THE INABILITY TO USE THE APP OR ANY OTHER MATTER RELATING TO THE APP.
14. Indemnification
You agree to indemnify and hold Bedrock and its affiliates, agents, employees, and licensors harmless from any claim, demand, loss, costs, or expense, including attorneys’ fees, made by any person arising out of your violation of this Agreement, state or federal securities laws or regulations, or any other person’s rights, including but not limited to infringement of any copyright or violation of any proprietary or privacy right. Under no circumstances, including but not limited to a negligent act, will Bedrock or its affiliates or agents be liable for any damages of any kind that result from the use of, or the inability to use, the App.
15. Your Personal Information
Personal and certain other information is subject to our Privacy Statement. As a condition of using the App you agree to the terms of the Privacy Statement, as it may be changed from time to time. Our Privacy Statement, which is incorporated here by reference, is located at http://www.bedrockfunding.net/. You agree that your use of the App is subject to the Privacy Policy.
16. Disclosures Required by Law
Bedrock reserves the right at all times to disclose any information, including personally identifiable information about you, as necessary to satisfy any applicable law, regulation, legal process or governmental request. Bedrock reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing Bedrock to disclose the identity of any user believed to be in violation of this Agreement.
BY ACCEPTING THIS AGREEMENT, YOU WAIVE ALL RIGHTS AND AGREE TO HOLD BEDROCK HARMLESS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY BEDROCK DURING OR AS A RESULT OF ITS INVESTIGATIONS OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER BEDROCK OR LAW ENFORCEMENT AUTHORITIES.
17. Governing Law
The Agreement, and all future agreements you shall enter into with Bedrock, unless otherwise indicated on such other agreement, shall be governed by the law of the State of Texas, without regard to conflicts of law principles thereof. This is the case regardless of whether you reside or transact business with Bedrock or any of its affiliates or agents in the State of Texas or elsewhere. Unless a dispute would be governed by the terms of Section 18 below, you agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Travis County, Texas.
18. Binding Arbitration
- Arbitration Procedures. You and Bedrock agree that, except as provided in Section 18.4 below, all disputes, controversies and claims related to this Agreement (each a “Claim”), shall be finally and exclusively resolved by binding arbitration, which may be initiated by either party by sending a written notice requesting arbitration to the other party. Any election to arbitrate by one party shall be final and binding on the other. The arbitration will be conducted under the Streamlined Arbitration Rules and Procedures of JAMS that are in effect at the time the arbitration is initiated (the “JAMS Rules”) and under the terms set forth in this Agreement. In the event of a conflict between the terms set forth in this Binding Arbitration Section and the JAMS Rules, the terms in this Binding Arbitration Section will control and prevail.
Except as otherwise set forth in Section 18.4 below, you may seek any remedies available to you under federal, state or local laws in an arbitration action. As part of the arbitration, both you and Bedrock will have the opportunity for discovery of non-privileged information that is relevant to the Claim. The arbitrator will provide a written statement of the arbitrator’s decision regarding the Claim, the award given and the arbitrator’s findings and conclusions on which the arbitrator’s decision is based. The determination of whether a Claim is subject to arbitration shall be governed by the Federal Arbitration Act and determined by a court rather than an arbitrator. Except as otherwise provided in this Agreement, (i) you and Bedrock may litigate in court to compel arbitration, stay proceedings pending arbitration, or confirm, modify, vacate or enter judgment on the award entered by the arbitrator; and (ii) the arbitrator’s decision shall be final, binding on all parties and enforceable in any court that has jurisdiction, provided that any award may be challenged if the arbitrator fails to follow applicable law.
BY AGREEING TO THIS ARBITRATION PROVISION, YOU UNDERSTAND THAT YOU AND BEDROCK WAIVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. - Location. The arbitration will be conducted in the County of Travis, Texas, unless the parties agree to video, phone, or internet connection appearances.
- Limitations. You and Bedrock agree that any arbitration shall be limited to the Claim between Bedrock and you individually. YOU AND BEDROCK AGREE THAT (A) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED ON A CLASS-ACTION BASIS OR TO UTILIZE CLASS ACTION PROCEDURES; (B) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY OR AS A PRIVATE ATTORNEY GENERAL; AND (C) NO ARBITRATION SHALL BE JOINED WITH ANY OTHER ARBITRATION.
18.4.Exceptions to Arbitration. You and Bedrock agree that the following Claims are not subject to the above provisions concerning negotiations and binding arbitration: (i) any Claim seeking to enforce or protect, or concerning the validity of, any of your or Bedrock’s intellectual property rights; (ii) any Claim related to, or arising from, allegations of theft, piracy, invasion of privacy or unauthorized use; and (iii) any claim for equitable relief. In addition to the foregoing, either party may assert an individual action in small claims court for Claims that are within the scope of such court’s jurisdiction in lieu of arbitration.
- Arbitration Fees. If you initiate arbitration for a Claim, you will need to pay the JAMS arbitration initiation fee. If we are initiating arbitration for a Claim, we will pay all costs charged by JAMS for initiating the arbitration. All other fees and costs of the arbitration will be apportioned pursuant to the JAMS Rules.
- Severability. You and Bedrock agree that if any portion of this Section is found illegal or unenforceable (except any portion of Section 18.4), that portion shall be severed and the remainder of the Section shall be given full force and effect. If Section 18.4 is found to be illegal or unenforceable, then neither you nor Bedrock will elect to arbitrate any Claim falling within that portion of Section 18.4 found to be illegal or unenforceable and such Claim shall be exclusively decided by a court of competent jurisdiction within the County of Travis, State of Texas, United States of America, and you and Bedrock agree to submit to the personal jurisdiction of that court.
- Agreement Revisions. This Agreement may only be revised in writing by Bedrock, or by a new version published by Bedrock on the App.
- Force Majeure. Bedrock is not liable for any delay or failure to perform resulting from causes outside the reasonable control of Bedrock, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond Bedrock’s control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.
- No Partnership. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Bedrock as a result of this Agreement or your use of the App.
- Assignment. Bedrock may assign this Agreement, in whole or in part, to any person or entity at any time with or without your consent. You may not assign the Agreement without Bedrock’s prior written consent, and any unauthorized assignment by you shall be null and void.
- Severability. If any part of this Agreement is determined to be void, invalid or unenforceable, then that portion shall be severed, and the remainder of the Agreement shall be given full force and effect.
- Attorneys’ Fees. In the event any litigation is brought by either party in connection with this Agreement, the prevailing party in such litigation shall be entitled to recover from the other party all the reasonable costs, attorneys’ fees and other expenses incurred by such prevailing party in the litigation.
- No Waiver. Our failure to enforce any provision of this Agreement shall in no way be construed to be a present or future waiver of such provision, nor in any way affect the right of any party to enforce each and every such provision thereafter. The express waiver by us of any provision, condition or requirement of this Agreement shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.
- Equitable Remedies. You hereby agree that Bedrock would be irreparably damaged if the terms of this Agreement were not specifically enforced, and therefore you agree that we shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of this Agreement, in addition to such other remedies as we may otherwise have available to us under applicable laws.
- Entire Agreement. This Agreement, including the documents expressly incorporated by reference, constitutes the entire agreement between you and us with respect to the App and supersedes all prior or contemporaneous communications, whether electronic, oral or written, between you and us with respect to the App.