IN USING ANY SERVICES, CONTENT, TECHNOLOGY AND/OR BY REGISTERING TO OPEN AN ACCOUNT WITH WWW.BOUGIEHABIT.COM LLC OR BY USING THE WEBSITE WWW.BOUGIEHABIT.COM (“WEBSITE”) YOU EXPRESSLY AGREE TO THE FOLLOWING TERMS OF SERVICE ("TERMS").
- The Terms. The Website is a service made available by BougieHabit.com LLC and its subsidiaries, affiliates, and assigns (“BougieHabit.com,” “us,” “our” or “we”). The Terms have the same effect as a written agreement and govern your use of the Website and Itworthmore.com. If you do not agree to the Terms, you may not use the Website or any of our services. We may, without notice to you, modify the Terms at any time. If you do not agree with the changes, you may discontinue using the services of BougieHabit.com. Your continued use of the Website and BougieHabit.com's services after any such changes take effect constitutes your acceptance of such changes. Each time you visit or log into the Website, you reaffirm your acceptance of the Terms. You are responsible for regularly reviewing the Terms, by clicking on the "Legal" link at www.BougieHabit.com. The Terms may be modified with additional terms and conditions applicable to specific areas of the Website, or to particular content or transactions posted in certain areas of the Website, which, together with these Terms, shall govern your use of those areas, content, or transactions.
- The Website. The Website gives our users the ability to sell certain electronic devices such as laptops, tablets, and mobile phones ("Product") subject to these Terms. You expressly agree that all transactions will be performed electronically and that the terms of any offer to sell any Product shall be governed by BougieHabit.com's Terms of Conditions Agreement which may be found by going to https://www.bougiehabit.com/terms-and-conditions. We may, in our sole discretion, modify or discontinue any or all aspects of the Website at any time, without notice, and without liability to you.
- Your Registration. While registration is not required to visit and tour our Website, you must register with us and create an account if you desire to use all of the Website's services and features or to complete any transaction with us. If you register to open an account, you expressly agree to provide accurate and complete registration information. You must also be legally competent and capable of entering into a contract. It is your sole responsibility to make any updates to your information. Each registration is for a single person only. We prohibit any other person to use sections registered under your name and you agree not to share your account credentials with others. If you believe there has been unauthorized use of or access to your account, notify BougieHabit.com immediately by emailing [email protected].
- Ownership. The Website may contain information, content, advertisements, text, photographs, designs, graphics, images, sounds, videos, animation and other materials and effects ("Content") that are protected by copyrights, trademarks, service marks, trade dress, patents or other intellectual or proprietary rights owned by BougieHabit.com or other third parties. All trademarks and copyrighted information contained on the Website are the property of BougieHabit.com or other third parties. Furthermore, BougieHabit.com retains all rights (which is intended to include any and all intellectual property rights), title and interest in the Website, technology, and all underlying technology and data including any enhancements, software, applications and improvements related to the Website ("Technology")(Content and Technology may collectively will be referred to herein as "Materials"). You are strictly prohibited from removing any copyright, trademark, or other proprietary notice from any electronic or printed copy from or of the Website.
- Limitation on Use of the Website and Materials. BougieHabit.com provides the use of the Website and the Materials for your individual, non-commercial use and is intended solely for the purpose of carrying out individual transactions with the Website. Any other use of the Website or the Materials is strictly prohibited.
Additionally, you are strictly prohibited, either directly or indirectly, from engaging in any of the following acts: a) modifying, republishing, redistributing, deleting, reselling, licensing, sublicensing, publicly performing, and caching the Website or Materials without the express written authorization of BougieHabit.com or the applicable third party rights holder; b) using any of the Materials for print marketing, internet marketing, telemarketing, direct marketing, any mass e-mail, and by e-mail spammers; c) reverse engineering, decompiling, disassembling, merging, copying, utilizing, disclosing, renting, leasing, loaning, selling, licensing, sublicensing or transferring any of the underlying source code or structure or sequence of the Technology or deleting or altering any ownership attributes or copyright notices; d)using any network monitoring or discovery software to determine the site architecture, or extract information about usage and individual users; e) reformatting any portion of the Website or Materials; f) using any device or software that interferes with the correct functionality of the Website, or otherwise attempting to interfere with the correct functionality of the Website; g) allowing any other person or entity to use the Website under or through your account login ID, login email and password; h) taking any action that imposes, or may impose, or threatens to impose, at BougieHabit.com's sole discretion, an unreasonable or disproportionately large burden on our infrastructure; i) violating the Terms, applicable law or the rights of others j) disrupting or interfering with the security of, or otherwise causing harm to the Website; k) using the Website or Materials to transmit to or through the Website or to or through any service of BougieHabit.com for any illegal purpose of any kind including any illegal, harmful, threatening, defamatory, obscene, hateful, and pornographic or other objectionable material of any kind; and l) using the Website or Materials to transmit to or through the Website or to or through any service of BougieHabit.com to interfere with, abuse or otherwise violate the legal rights of any third party using the Website or Materials.
- Suspension and Termination. Without limiting other remedies, BougieHabit.com may limit, suspend, or terminate our service and user accounts, prohibit access to our website, remove hosted content, and take technical and legal steps to keep any user off the Website if BougieHabit.com believes, at BougieHabit.com's sole discretion, that the user is creating problems, potential legal liabilities, or acting in a manner which is inconsistent with our standards and policies. We reserve the right to cancel any unconfirmed accounts.
- License. By using the Website, uploading content to or submitting any materials for use on the Website, you grant or warrant that the owner of such rights has expressly granted BougieHabit.com a perpetual, royalty-free, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from and distribute such materials and information generated through use of the Website or incorporate such materials and information generated through use of the Website into any form, medium, or technology now known or later developed throughout the universe until the end of time. These rights are required in order for BougieHabit.com to host and/or display your content.
- Automated Activity. The Website may use automated robotic exclusion methods, which include robots.txt files and HTML meta tags, which expressly allow and exclude specified automated programs from accessing certain portions of the Website. A significant portion of the information contained on the Website is updated in real time and is proprietary or licensed to BougieHabit.com by our users or third parties. You agree that you shall not utilize any automated robot, spider, scraper or any other automated means to access the Website for any purpose, including but not limited to performing any type of offline searches and mirroring. Additionally, you agree that you shall not bypass our automated robotic exclusion methods or other measures we may utilize to prevent or restrict access in order to protect the integrity and operation of the Website.
- Providing Links. You shall only provide links to the homepage of this Website, provided you do not remove or obscure, by framing, cropping or otherwise, any portion of the homepage.
- Representations. You represent and warrant to BougieHabit.com that: (a) you are legally competent and capable of entering into a contract, (b) at all times, you are providing BougieHabit.com with true, accurate and up to date information about yourself, (c) you shall at all times comply with the Terms and applicable law, and (d) your use of the Website and any transactions that you make with BougieHabit.com will not violate the rights of any third party. You further represent and warrant that the device you intend to sell has not been stolen and is rightfully owned by you free and clear of all liens and encumbrances.
- General Disclaimer. BougieHabit.com makes every effort to ensure the information presented in, on and through the Website is accurate, however, as BougieHabit.com provides information from and created by advertisers, software developers, publishers, marketing agents, resellers and other third parties, BougieHabit.com does not control or guarantee the accuracy of such information, and shall not be responsible for the information, including its accuracy, relevance, content, quality, copyright compliance or legality, or any resulting loss or damage.
- Warranty and Liability. BougieHabit.com makes no representations regarding the availability and performance of its Website and further acknowledge that any use of the Website and reliance upon any Materials shall be at your sole risk.
THE WEBSITE AND MATERIALS ARE PROVIDED BY BOUGIEHABIT.COM ON AN "AS IS" BASIS AND AS AVAILABLE, WITHOUT ANY WARRANTY OR REPRESENTATION OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, BOUGIEHABIT.COM EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND THE IMPLIED CONDITIONS OF SATISFACTORY QUALITY AND ACCEPTANCE AS WELL AS ANY LOCAL JURISDICTIONAL EQUIVALENTS TO THE ABOVE AND OTHER IMPLIED OR STATUTORY WARRANTIES. BOUGIEHABIT.COM MAKES NO REPRESENTATIONS THAT THE WEBSITE OR MATERIALS WILL MEET YOUR REQUIREMENTS AND WE DO NOT GUARANTEE THAT ANY CONTENT, INFORMATION, SOFTWARE OR OTHER MATERIAL ACCESSIBLE THROUGH THE WEBSITE WILL BE FREE OF VIRUSES, MALWARE OR OTHER HARMFUL COMPONENTS.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BOUGIEHABIT.COM OR ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, DISTRIBUTORS OR CONTRACTORS (COLLECTIVELY, THE "BOUGIEHABIT.COM PARTIES") BE LIABLE FOR ANY COMPENSATORY, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY, OR ANY CLAIMS OF YOU OR OTHER THIRD PARTIES WHATSOEVER WITH RESPECT TO THE WEBSITE OR THE MATERIALS REGARDLESS OF THE LEGAL THEORY ON WHICH THE CLAIM IS BASED, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, WARRANTY, OR OTHERWISE, EVEN IF BOUGIEHABIT.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, BOUGIEHABIT.COM AND THE BOUGIEHABIT.COM PARTIES SHALL NOT BE LIABLE FOR ANY LOSSES OR DAMAGES WHATSOEVER RESULTING FROM ANY EVENTS BEYOND BOUGIEHABIT.COM'S REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO, FAILURE OF THE INTERNET OR ANY VIRUS, MALWARE, DELAY OR INTERRUPTION IN OPERATION OR SERVICE OR FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM AN ACT OF GOD, COMMUNICATIONS FAILURE, THEFT OR OTHERWISE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE MAXIMUM AGGREGATE LIABILITY OF BOUGIEHABIT.COM AND THE BOUGIEHABIT.COM PARTIES (JOINTLY) ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE WEBSITE EXCEED THE GREATER OF (I) THE AMOUNT PAID, IF ANY, BY YOU TO US OR (II) FIFTY AND 00/100 DOLLARS ($50.00). THE LIMITATIONS SET FORTH IN THESE TERMS SHALL NOT LIMIT OR EXCLUDE LIABILITY FOR OUR GROSS NEGLIGENCE, FRAUD, OR INTENTIONAL, MALICIOUS OR RECKLESS MISCONDUCT.
- Indemnification. You agree to indemnify, defend, and hold harmless BougieHabit.com and the BougieHabit.com Parties from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) that such parties may incur as a result of or arising from your violation or breach of any representation or obligation under these Terms. BougieHabit.com reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with our defense of any such claim.
- Electronic Notices and Transactions. You agree you will exclusively transact with us electronically. This means you agree to accept the terms and conditions and to transact any sale of your Product to us by electronic means. You authorize us to send you important notices about the Website and any pending transactions to the email address you provide to us, if you are a registered account holder or, alternatively, by posting a notice on the Website. It is your duty to keep your email address up to date and to maintain a valid email address and to ensure that emails we send you are not filtered or stopped by spam filters, junk folders or other types of email blocking functionalities. If you no longer desire to transact electronically with us, you may no longer use the Website or BougieHabit.com's services. Please review these Terms at any time by visiting https://www.bougiehabit.com/terms-and-conditions.
- Access. You are responsible for obtaining, at your own expense, all equipment and services needed to access and use the Website, including all devices, internet browsers and internet access. If you access the Website or a Website application through a mobile or wireless device, you are responsible for any and all fees your carrier may charge you for data, text messaging and other wireless access or communications services.
- Technology Notice. Our Technology, including any software or applications we provide to you, is a "commercial item," as that term is defined in 48 C.F.R. 2.101, consisting of "commercial computer software" and "commercial computer software documentation," as such terms are used in 48 C.F.R. 12.212. Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4, all U.S. Government end users acquire the software with only those rights set forth herein.
- Use and Compliance. Your use of the Website must comply with all applicable laws of the country, state or territory in which you access and use the Website, including without limitation, all import and export control laws and regulations of the United States and other countries. You must not transfer, by electronic transmission or otherwise, any content, data, or software subject to restrictions under such laws to a national destination, person, or entity or for an end-use prohibited under those laws without obtaining prior government authorization. You shall not upload any data or software to the Website that cannot be exported without prior written government authorization and notification, including, but not limited to, certain types of encryption software.
- Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida, USA and to the exclusion of the law of any other forum.
- Venue and Jurisdiction. YOU AGREE TO SUBMIT TO THE PERSONAL JURISDICTION OF ANY COURT, FEDERAL OR STATE, WITHIN SEMINOLE COUNTY, FLORIDA, USA HAVING SUBJECT MATTER JURISDICTION OVER THE MATTERS ARISING UNDER OR RELATED TO THE BREACH, ENFORCEMENT, OR INTERPRETATION OF THE TERMS. ANY SUIT, ACTION OR PROCEEDING ARISING UNDER OR RELATED TO THE BREACH, ENFORCEMENT, OR INTERPRETATION OF THE TERMS SHALL ONLY BE INSTITUTED IN SEMINOLE COUNTY, FLORIDA, USA. YOU WAIVE ANY OBJECTION WHICH YOU MAY HAVE NOW OR HEREAFTER TO THE LAYING OF THE VENUE OF SUCH ACTION OR PROCEEDING AND YOU IRREVOCABLY SUBMIT TO THE EXCLUSIVE JURISDICTION OF ANY SUCH COURT IN ANY SUCH SUIT, ACTION, OR PROCEEDING. YOU SHALL NOT COMMENCE OR PROSECUTE ANY SUIT OR ACTION EXCEPT IN THE FOREGOING COURTS.
- Attorneys' Fees and Costs. In the event of a legal action or other proceeding arising under the Terms or a dispute regarding any alleged breach, default, claim, or misrepresentation arising out of these Terms, whether or not a lawsuit or other proceeding is filed, the prevailing party shall be entitled to recover its reasonable attorneys' fees and costs, whether incurred before suit, during suit, or at the appellate level. The prevailing party shall also be entitled to recover any attorneys' fees and costs incurred in litigating the entitlement to attorneys' fees and costs, as well as in determining or quantifying the amount of attorneys' fees and costs due to it. The reasonable costs that the prevailing party shall be entitled to recover pursuant to this Section of the Terms shall include any costs that are taxable pursuant to any applicable statute, rule, or guideline (including, but not limited to, the Statewide Uniform Guidelines for Taxation of Costs), as well as costs not taxable thereunder. Such recoverable costs shall specifically include, but not be limited to, 1) costs of investigation; 2) costs of copying documents and other materials, whether for discovery, filing with the court, internal review, or any other purpose; 3) costs for electronic discovery; 4) Westlaw, Lexis Nexis, or other electronic research service charges; 5) telephone charges; 6) mailing, commercial delivery service, and courier charges; 7) travel expenses, whether for investigation, depositions, hearings, trial, or any other purpose; 8) information technology support charges; 9) any and all consultant or expert witness fees, whether or not such fees are incurred in connection with a court-ordered report or testimony at a deposition, hearing, or trial; 10) court reporter and transcript fees, whether for deposition, trial, or an evidentiary or non-evidentiary hearing; 11) mediator fees; and 12) any other reasonable cost incurred by the prevailing party in connection with the dispute.
- Waiver of Jury Trial. YOU ACKNOWLEDGE AND AGREE THAT ANY CONTROVERSY WHICH MAY ARISE UNDER THE TERMS IS LIKELY TO INVOLVE COMPLICATED AND DIFFICULT ISSUES, AND THEREFORE YOU HEREBY IRREVOCABLY AND UNCONDITIONALLY WAIVE ANY RIGHT YOU MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION DIRECTLY OR INDIRECTLY ARISING OUT OF OR RELATING TO THE TERMS OR THE TRANSACTIONS CONTEMPLATED HEREBY OR THEREBY. YOU CERTIFY AND ACKNOWLEDGE THAT (A) NO REPRESENTATIVE, AGENT OR ATTORNEY OF ANY OTHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH OTHER YOU WOULD NOT, IN THE EVENT OF LITIGATION, SEEK TO ENFORCE EITHER OF SUCH WAIVERS, (B) YOU UNDERSTAND AND HAVE CONSIDERED THE IMPLICATIONS OF SUCH WAIVERS, (C) YOU MAKE SUCH WAIVERS VOLUNTARILY, AND (D) YOUR ABILITY TO AGREE TO THESE TERMS HAVE CONDITIONED UPON, AMONG OTHER THINGS, THE MUTUAL WAIVERS AND CERTIFICATIONS AGREED TO BY YOU IN THIS SECTION.
- Miscellaneous. BougieHabit.com reserves the right to investigate complaints or reported violations of the Terms and take any action BougieHabit.com deems appropriate including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to user profiles, e-mail addresses, usage history, posted materials, IP addresses and Website traffic information. BougieHabit.com reserves the right to seek all remedies available at law and in equity for violations of the Terms, including but not limited to the right to block access from a particular internet address to any BougieHabit.com website. The Terms incorporate by reference any agreements contained on the Website and constitutes the entire agreement with respect to access to and use of the Website.
- Severability. If any provision of the Terms is found to be unlawful, void, invalid or unenforceable, that provision will be severed from the Terms and the remainder of the Terms will continue to be binding and enforceable.
- Section Headings. The titles to the numbered paragraphs in the Terms are solely for the convenience and shall not be used to explain, modify, simplify, or aid in the interpretation of said covenants or provisions set forth therein.
- Survival. The obligations contained in Sections 4-13, 15, and 17-25 shall survive termination of the Terms.
Last Updated: July 8, 2022