Terms & Conditions of Use
Effective as of: September 24, 2015
Disclaimer and Limitation of Liability
BY USING THE WEBSITE, YOU EXPRESSLY AGREE THAT USE OF THE WEBSITE IS AT YOUR SOLE RISK. WE PROVIDE THIS WEBSITE AND ITS CONTENTS ON AN “AS IS, WHERE IS” BASIS AND MAKE NO WARRANTY OR REPRESENTATION (I) THAT YOUR USE OF THE WEBSITE WILL BE ERROR FREE OR UNINTERRUPTED, (II) REGARDING ANY PRODUCT OR SERVICE OFFERING, EITHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, WHICH ARE HEREBY EXPRESSLY DISCLAIMED, AND (III) REGARDING THE ACCURACY, INTEGRITY OR COMPLETENESS OF THE CONTENT ON THIS WEBSITE.
IN NO EVENT WILL WE OR OUR OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE DAMAGES OR OTHER SPECIAL DAMAGES IN CONNECTION WITH YOUR USE OF THE WEBSITE, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, LOSS OF PROFIT, AND LOSS OF USE, HOWEVER CAUSED. THIS LIMITATION OF LIABILITY APPLIES REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT OR ANY OTHER CLAIM, EVEN IF WE HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT YOU ARE DISSATISFIED WITH THIS WEBSITE AND/OR THESE TERMS AND CONDITIONS, YOU AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY IS TO CEASE USE OF THE WEBSITE.
Relationship with Service Providers
While our Services are designed to enable you to review information about and, if you deem it appropriate, purchase products or services from service providers whose information is made available on our Website, the product and service offerings available on the Website are offered by the applicable service provider (“Third Party Services’), any and all of your purchases are made through the applicable service provider, not through us, and the Third Party Services themselves are separate and distinct from our Services. To the extent you purchase a product or service offering from a Third Party Service, you will enter into an agreement directly with the applicable service provider. Although we may assist you in transacting with service providers, Third Party Services, and communications regarding your purchase of same, are the sole responsibility of the provider of those items. IN NO EVENT WILL WE BE LIABLE OR RESPONSIBLE FOR THE PERFORMANCE OF ANY SERVICE PROVIDER, INCLUDING, WITHOUT LIMITATION, FOR ANY DAMAGES, LIABILITIES, COSTS OR EXPENSES ARISING FROM OR IN CONNECTION WITH THE ACTS, OMISSIONS, OR DELAYS OF ANY SERVICE PROVIDER WHOSE PRODUCTS OR SERVICES ARE OFFERED THROUGH THE WEBSITE.
While Bridgevine strives to keep the information on this Website accurate, complete and up-to-date, Bridgevine and its business partners cannot guarantee, and will not be responsible for any damage or loss related to, the accuracy, completeness or timeliness of the information. Because Bridgevine publishes publicly available information as well as information provided by business partners, manufacturers, carriers, and retailers, Bridgevine does not represent, warrant or endorse the accuracy or reliability of any of the information, content or advertisements contained on, distributed through, or linked, downloaded or accessed from this Website, nor the quality of any products, services, information or other materials displayed, purchased or obtained by you as a result of an advertisement or any other information or offer in or in connection with this Website. Your use of this Website is at your sole risk. All information on products and services, including but not limited to, the prices and the availability of any service, product or product feature, should be verified with the company supplying the product or service in question, and Bridgevine shall not be liable for any inaccuracies and does not notify users when information has been updated.
Prices and Availability
Prices and availability of products and services are subject to change without notice. We reserve the right to revoke any offering and to correct any errors, inaccuracies or omissions, which may occur. You have no obligation to use this Website or to contract with the service providers whose services are offered on the Website. Service providers are not obligated to offer their products or services on the Website. We may not make available on the Website all service providers capable of offering products and services at your location.
Information You Submit
All communications and information you submit through the Website will be (i) your own, (ii) complete and accurate, and (iii) related to the subject matter of the Website. You will not submit any information or material that is false, vulgar, obscene, harassing, defaming, abusive or threatening, or otherwise constitutes unlawful language or material.
Intellectual Property and Use of Website
All content and software on this Website is our property or that of our service providers and is protected by U.S. and international copyright laws. Website users may use the content and software on this Website as a shopping resource only and other use of the software and content on this Website is strictly prohibited. Tampering with the Website, misrepresenting the identity of a user, using buying agents or conducting fraudulent activities on the Website are prohibited.
Termination of Use
We may, in our sole discretion, suspend or terminate your use of the Website at any time for any reason or no reason.
When you opt in to our service, we will send you a SMS message from 87767 to confirm your sign-up. You can get the latest update on your order via text message or mobile short code. Message frequency may vary depending on status updates and the number of orders you have placed.
You can cancel the SMS service at any time. Just text “STOP” to STOPMCAJOIN. After you send the SMS message “STOP” to us, we will send you an SMS message to confirm that you have been unsubscribed. After this, you will no longer receive SMS messages from us. If you want to join again, just sign up as you did the first time and we will start sending SMS messages to you again.
If at any time you need additional information, just text “HELP” to 87767. After you send the SMS message “HELP” to us, we will respond with instructions on how to use our service as well as how to unsubscribe. You may also call 1-772-564-9871.
As always, message and data rates may apply for any messages sent to you from us and to us from you. You will receive messages until the survey is complete. If you have any questions about your text plan or data plan, it is best to contact your wireless provider. For all questions about the services provided by this short code, you can send an email to [email protected] or call us at 1-772-564-9871.
You agree that these Terms and Condition are governed by the laws of the State of Florida without giving effect to its conflict of laws rules. You hereby consent to the exclusive jurisdiction and venue of the courts and other dispute resolution forums in Indian River County in the State of Florida, including the United States District Court for the Southern District of Florida, in all disputes arising out of, relating to, or concerning these Terms and Conditions or the Website. Your use of this Website is unauthorized in any jurisdiction that does not give full effect to all provisions of these Terms and Conditions, including, without limitation, the warranty disclaimers and liability exclusions above as well as this paragraph. For the avoidance of doubt, your use of the Website is unauthorized in any jurisdiction where all or any portion of the Terms and Conditions and/or the Website may violate any legal requirements and you agree not to access this Website in any such jurisdiction. If any part of these Terms and Conditions is found to be unenforceable, the remainder will remain in full force and effect. You agree that no joint venture, partnership, employment or agency relationship exists between you and us due to the Terms and Conditions or your use of the Website. These Terms and Conditions constitute the entire agreement between you and us in connection with the Website. These Terms and Conditions supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and us in connection with the Website. No modification of these Terms and Conditions will be effective unless authorized by us. Any alleged waiver of any breach of these Terms and Conditions will not be deemed to be a waiver of any future breach.
Effective as of: September 24, 2015
What Types of Information Do We Collect, How Do We Use it and To Whom Do We Disclose It?
Visiting Our Site. When you visit our Website to browse, we may collect and store the domain name and host from which you access the Internet (e.g., google.com), the IP address of your computer, your browser software and operating system and your entity identification. We may use this information to organize and analyze IP addresses so that we can provide items such as efficient service, enhance security, monitor appropriate usage and produce traffic volume statistics. This type of non-Personally Identifiable information may be shared with third parties, such as when we aggregate and disclose site traffic information for marketing and commercial purposes. When you visit our Website, you may also choose certain options such as (i) Your Account, (ii) About Bridgevine, (iii) Bundles, Phone, TV, Internet, Utilities and Home Service, (iv) Customer Service and (v) Contact Us to obtain more information about us, our business associates and our Services. Through these options, you may provide us with Personally Identifiable Information. We will collect, use and disclose such Personally Identifiable Information as further described below in ‘Using Our Services’.
From time to time, we may send you survey forms or include survey forms on our Website asking you for information regarding your use of our Services. For the most part, we will only disclose your survey responses that contain anonymized data to our business associates who assist us in administering the Services. However, we may share email addresses or other Personally Identifiable Information with business associates who assist us in administering the Services.
What Information May Be Collected By Third Parties?
We may employ third party analytics partners to help us provide a better user experience by continually learning and adjusting to what our visitors find useful. Unique identifiers (such as web beacons or tags) are used to track the online movements of web users. This allows us to see which pages are most visited on our site, so we can continue to provide useful content to our visitors. The collected information is used to learn more about which aspects of our site customers find useful and effective.
What Are Cookies and How Do We Use Them?
Technologies such as cookies, beacons, tags and scripts are used by Bridgevine and our partners e.g. marketing partners, affiliates, or analytics providers. These technologies are used in analyzing trends, administering the Website, tracking users’ movements around the Website and to gather demographic information about our user base as a whole. We may receive reports based on the use of these technologies by these companies on an individual as well as aggregated basis.
Analytics / Log Files
As is true of most web sites, we gather certain information automatically and store it in log files. This information may include Internet protocol (IP) addresses, browser type, Internet service provider (ISP), referring/exit pages, operating system, date/time stamp, and/or clickstream data.
Third Party Advertising Services
We may use third-party advertising services companies to serve ads when you visit our Website. These companies may use information (generally not including your name, address email address or telephone number) about your visits to this Website and other sites in order to provide advertisements about goods and services of interest to you. These companies may employ cookies and clear gifs to measure advertising effectiveness. Any information that these third parties collect via cookies and clear GIFs is generally not personally identifiable (unless, for example, you provide Personally Identifiable Information to them through an ad or e-mail message). We encourage you to read these businesses’ privacy policies if you should have any concerns about how they will care for your personal information. We do not control these third parties’ tracking technologies or how they may be used. If you would like more information about this practice and to know your choices about not having this information used by these companies, see the Network Advertising Initiative’s consumer Web site at http://www.networkadvertising.org/understanding-online-advertising.
We may use Google AdSense to publish ads on this Website. When you view or click on an ad a cookie will be set to help better provide advertisements that may be of interest to you on this and other web sites.
We may use Local Storage (LSs) such as HTML5 to store content information and preferences. Third parties with whom we partner to provide certain features on our Website or to display advertising based upon your Web browsing activity may use LSOs such as HTML 5 to collect and store information.
What Are Your Choices in How We Use Your Information?
If you remove certain information from your account, then we will only retain copies of such information as are necessary for us to comply with governmental orders, resolve disputes, troubleshoot problems, enforce any agreement you have entered into with us and as otherwise reasonably necessary.
Bridgevine does not sell, rent or disclose your Personally Identifiable Information to third parties for such parties’ marketing purposes without your affirmative consent. However, as noted above under ‘What Information May Be Collected by Third Parties’, where you agree to obtain products, services or coupons (including Third Party Services) from third parties through our Website, you may receive marketing communications from such third parties.
How Do We Protect Your Information?
We employ and maintain technology and security measures designed to protect User Information. When you submit sensitive information via our Website, that information is subject to a variety of protections both on-line and off-line, including firewalls and transport layer (TLS) encryption technology. On a periodic basis, we also perform security audits of our data center to help ensure a more secure site. However, no data transmission over the Internet can be guaranteed as 100% secure. As a result, while we strive to protect your User Information, we cannot ensure or warrant the security of any information you transmit to us or receive from us.
We will retain your information for as long as we deem necessary or appropriate, including as required in order to comply with our legal obligations, resolve disputes, and enforce our agreements.
How Do You Safeguard Your Passwords?
What If You Lose Your Password or It Becomes Compromised?
If your member ID or password has been compromised for any reason, then you should immediately notify us so that we may issue you a new member ID or password. Any loss of control of your member ID or password may result in the loss of control over Personally Identifiable Information. If you fail to protect your member ID or password, then you will be responsible for any actions taken on your behalf or by any person using your member ID or password.
Can Children Use the Website?
The Website is intended for use by adults, and we ask that children under the age of 18 do not use the website and do not submit any Personally Identifiable Information to us.
Short Message Service (“SMS”)
We may make available a service through which you can receive messages on your wireless device via short message service (“SMS Service”). We may collect your mobile phone number through a text message you send to us or as you may provide to us on our Website; when you provide us with your mobile phone number, you expressly agree to receive SMS Service messages (including SMS and MMS) to that phone number.
We may send you SMS messages with promotional offers, product and service information, and transactional alerts. Examples of activities that would generate a transactional alert include your making an online transaction and when an order you have placed has been processed. Sometimes our SMS may advise you to visit our Website for details or our other co-branded or partner websites. You agree and consent to be contacted by us through the use of email, and/or telephone calls and/or SMS text messages to your cellular, home or work phone numbers, as well as any other phone number you have provided in conjunction with your account.
You acknowledge and agree that the SMS Service is provided via wireless systems which use radios (and other means) to transmit communications over complex networks. We do not guarantee that your use of the SMS Service will be private or secure, and we are not liable to you for any lack of privacy or security you may experience. You are fully responsible for taking precautions and providing security measures best suited for your situation and intended use of the SMS Service. We may also access the content of your account and/or wireless account with your carrier for the purpose of identifying and resolving technical problems and/or service-related complaints.
THE SMS SERVICE IS PROVIDED “AS IS, WHERE IS” TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, BRIDGEVINE HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
California Privacy Rights
California Civil Code Section 1798.83, also known as S.B. 27, allows our California customers to request certain information regarding our disclosures in the prior calendar year, if any, of Personally Identifiable Information to third parties for their own direct marketing purposes. To make such a request, please contact us at either [email protected] or Chief Privacy Officer, Bridgevine Inc., 2770 Indian River Drive, Vero Beach, FL 32960 and include your name and the address to which you would like us to respond. We will attempt to provide you with the requested information within thirty days of receipt.
Managing your online privacy and Cookie opt out.
When using the control tool function small text files known as “cookies” are used by many of the businesses listed to check your current status and perform the choice you wish to exercise. These are essential to this function as well as identifying errors in its functionality and no personal details are stored in this process. If you wish to ensure that these cookies are not used please visit our online privacy page for further details on how to manage cookies in your browser privacy settings. However, doing this will mean that the control tool no longer functions effectively.