Terms of Service

THESE TERMS AND CONDITIONS (THE TERMS) ARE A LEGAL CONTRACT BETWEEN YOU AND BW Services Holdings LLC ("COMPANY", "WE" OR "US"). THE TERMS EXPLAIN HOW YOU ARE PERMITTED TO USE THE WEBSITE LOCATED AT THE URL WWW.BREEZEWORKS.COM AS WELL AS ALL ASSOCIATED SITES LINKED TO WWW.BREEZEWORKS.COM BY BW Services Holdings LLC, ITS SUBSIDIARIES AND AFFILIATED COMPANIES (COLLECTIVELY, THE "SITE"). UNLESS OTHERWISE SPECIFIED, ALL REFERENCES TO "SITE" INCLUDE ALL SERVICES THAT BW Services Holdings LLC PROVIDES TO YOU AND ANY SOFTWARE THAT ALLOWS YOU TO ACCESS THE SERVICES FROM A MOBILE DEVICE (A "MOBILE APPLICATION"). BY USING THIS SITE, YOU ARE AGREEING TO ALL THE TERMS; IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, DO NOT ACCESS OR OTHERWISE USE THIS SITE, ANY SERVICES AVAILABLE THROUGH THIS SITE OR VIA MOBILE APPLICATION OR ANY INFORMATION CONTAINED ON THIS SITE.

Changes

The Company may make changes to the content and Services offered on the Site at any time. Company can change, update, or add or remove provisions of these Terms, at any time by posting the updated Terms on this Site and by notifying its users of the changes in terms. By using this Site after Company has updated the Terms, you are agreeing to all the updated Terms; if you do not agree with any of the updated Terms, you must stop using the Site.

Eligibility

By using the Site, you represent that you are 18 years of age or older, or if you are between the ages of 13 and 18, that you are using the Site with the permission of your parent or legal guardian, or that you are an emancipated minor between the ages of 13 and 18. If you are a parent or legal guardian who is registering for a child, you hereby agree to bind your child to these Terms and to fully indemnify and hold harmless Company if your child breaches or disaffirms any term or condition of these Terms. If you are using this Site on behalf of a company, you represent that you are authorized to legally bind the company to these Terms.

If Company believes that you do not meet any of these requirements Company may immediately terminate your use of the Site. If you have violated these Terms, you are not eligible to use the Site.

General Use

Company provides content through the Site and through the Services that is copyrighted and/or trademarked work of Company or Company's third-party licensors and suppliers or other users of the Site (collectively, the "Materials"). Materials may include logos, graphics, video, images, software and other content. Subject to the terms and conditions of these Terms, and your compliance with these Terms, Company hereby grants you a limited, personal, non-exclusive and non-transferable license to use and to display the Materials and to use this Site solely for your personal use. Except for the foregoing license, you have no other rights in the Site or any Materials and you may not modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Site or Materials in any manner. If you breach any of these Terms, the above license will terminate automatically and you must immediately destroy any downloaded or printed Materials and cease using the Site.

Mobile Applications

Company makes available Mobile Applications to access the Site via a mobile device. To use the Mobile Application you must have a mobile device that is compatible with the mobile service. Company does not warrant that the Mobile Application will be compatible with your mobile device. Company hereby grants to you a non-exclusive, non-transferable, revocable license to use an object code copy of the Mobile Application for one registered account on one mobile device owned or leased solely by you, for your personal use. You may not: (i) modify, disassemble, decompile or reverse engineer the Mobile Application, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Mobile Application to any third-party or use the Mobile Application to provide time sharing or similar services for any third-party; (iii) make any copies of the Mobile Application; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Mobile Application, features that prevent or restrict use or copying of any content accessible through the Mobile Application, or features that enforce limitations on use of the Mobile Application; or (v) delete the copyright and other proprietary rights notices on the Mobile Application.

iOS App Terms

The following additional terms and conditions apply with respect to any Mobile Application that Company provides to you designed for use on an Apple iOS-powered mobile device (an "iOS App"):

  • You acknowledge that these Terms are between you and Company only, and not with Apple, Inc. ("Apple").
  • Your use of Company's iOS App must comply with Apple's then-current App Store Terms of Service.
  • Company, and not Apple, are solely responsible for our iOS App and the Services and Content available thereon.
  • You agree that Company, and not Apple, are responsible for addressing any claims by you or any third-party relating to our iOS App.
  • You represent and warrant that you are not located in a country that is subject to a U.S. Government embargo.
  • You agree to comply with all applicable third-party terms of agreement when using our iOS App.

Android App Terms

The following additional terms and conditions apply with respect to any Mobile Application that Company provides to you designed for use on an Android-powered mobile device (an "Android App"):

  • You acknowledge that these Terms are between you and Company only, and not with Google, Inc. ("Google").
  • Your use of Company's Android App must comply with Google's then-current Android Market Terms of Service.
  • Company, and not Google, are solely responsible for Company's Android App and the Services and Content available thereon.
  • You acknowledge and agree that Google is a third-party beneficiary to the Terms as they relate to Company's Android App.

Using the Site and Services

You can simply view the Site and not use any Services on the Site. You need not register with Company to simply visit and view the Site. However, in order to access certain password-restricted areas of the Site and to use certain Services and Materials offered on and through the Site, you must register with Company for an account and receive a password.

Password Restricted Areas

If you desire to register for an account with Company, you must submit the following information through the account registration page on the Site or Mobile Application: name, mobile number, business name, business address, and email address. To enable electronic payments, you must also provide home address, the last four digits of your social security number, bank account information and birth date.

You are responsible for maintaining the confidentiality of your Company password, and you are responsible for all activities that occur using your password. You agree not to share your password, let others access or use your password or do anything else that might jeopardize the security of your password.

All the information that you provide when registering for an account and otherwise through the Site must be accurate, complete and up to date. You may change, correct or remove any information from your account by either logging into your account directly and making the desired changes or contacting Company.

Memberships

By registering for an account with Company, you become a "Member" with access to certain password-restricted areas of the Site and to use certain Services and Materials offered on and through the Site (a "Membership"). Each Membership and the rights and privileges provided to a Member is personal and non-transferable. All sales and payments of Membership fees will be in US Dollars.

The fee that we will charge you for your Membership will be the price posted on the Site on the date that you register as a Member. Company reserves the right to change prices for Memberships at any time, and does not provide price protection or refunds in the event of promotions or price decreases.

You may pay for your Membership fee only with credit and debit card payments (Visa, MasterCard, American Express, and Discover). IMPORTANT: BW Services Holdings LLC WILL AUTOMATICALLY RENEW YOUR MEMBERSHIP ON EACH MONTHLY ANNIVERSARY AND WILL CHARGE YOUR CREDIT OR DEBIT CARD WITH THE APPLICABLE MONTHLY MEMBERSHIP FEE. YOU MAY CANCEL YOUR MEMBERSHIP AT ANY TIME BY CONTACTING BW Services Holdings LLC AT support@breezeworks.com

Purchases

If applicable, you agree to pay all fees or charges to your account based on Company's fees, charges, and billing terms in effect as shown on the Site. If you do not pay on time or if Company cannot charge your credit card, PayPal or other payment method for any reason, Company reserves the right to either suspend or terminate your access to the Site and account and terminate these Terms. If you cancel your account at any time, you will not receive any refund.

Unauthorized Activities

When using this Site and/or the services, you agree not to:

  • Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights of others
  • Use racially, ethnically, or otherwise offensive language
  • Discuss or incite illegal activity
  • Use explicit/obscene language or solicit/post sexually explicit images
  • Post anything that exploits children or minors or that depicts cruelty to animals
  • Post any copyrighted or trademarked materials without express permission
  • Disseminate any unsolicited or unauthorized advertising, promotional materials, or spam
  • Use any robot, spider, scraper or other automated means to access the Site
  • Take any action that imposes an unreasonable or disproportionately large load on our infrastructure
  • Alter the opinions or comments posted by others on this Site
  • Post anything contrary to our public image, goodwill or reputation

Intellectual Property Infringement

Company respects the intellectual property rights of others, and we ask you to do the same. Company may, in appropriate circumstances and at our discretion, terminate service and/or access to this Site for users who infringe the intellectual property rights of others. If you believe that your work is the subject of copyright infringement and/or trademark infringement and appears on our Site, please provide Company's designated agent at support@breezeworks.com with the following information:

  • A physical or electronic signature of a person authorized to act on behalf of the copyright owner
  • Identification of the copyrighted and/or trademarked work claimed to have been infringed
  • Identification of the infringing material and information to locate it
  • Information sufficient to permit Company to contact you as the complaining party
  • A statement that you have a good faith belief that use is not authorized
  • A statement that the information is accurate under penalty of perjury

Disclaimer of Warranties

YOUR USE OF THIS SITE AND/OR THE SERVICES IS AT YOUR OWN RISK. THE MATERIALS HAVE NOT BEEN VERIFIED OR AUTHENTICATED IN WHOLE OR IN PART BY COMPANY, AND THEY MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL OR OTHER ERRORS. COMPANY DOES NOT WARRANT THE ACCURACY OR TIMELINESS OF THE MATERIALS CONTAINED ON THIS SITE.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THIS SITE, THE SERVICES, AND MATERIALS AND ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THIS SITE IS PROVIDED TO YOU ON AN "AS IS," "AS AVAILABLE" AND "WHERE-IS" BASIS WITH NO WARRANTY OF IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS.

Limitation of Liability

BW Services Holdings LLC SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES RESULTING FROM YOUR DISPLAYING, COPYING, OR DOWNLOADING ANY MATERIALS TO OR FROM THIS SITE. IN NO EVENT SHALL COMPANY BE LIABLE TO YOU FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) HOWEVER ARISING, EVEN IF COMPANY KNOWS THERE IS A POSSIBILITY OF SUCH DAMAGE.

Local Laws; Export Control

Company controls and operates this Site from its headquarters in the United States of America and the Materials may not be appropriate or available for use in other locations. If you use this Site outside the United States of America, you are responsible for following applicable local laws.

General

Company prefers to advise you if we feel you are not complying with these Terms and to recommend any necessary corrective action. However, certain violations of these Terms, as determined by Company, may result in immediate termination of your access to this Site without prior notice to you. The Federal Arbitration Act, California state law and applicable U.S. federal law, without regard to the choice or conflicts of law provisions, will govern these Terms. Any disputes relating to these Terms or this Site will be heard in the courts located in Delaware County in the State of Delaware.

Contact Us

If you have any questions about these Terms or otherwise need to contact Company for any reason, you can reach us at support@breezeworks.com