Walk-Ons Golf Cart Giveaway Promotion
Official Rules 2023 Bula Technologies, Inc.
NO PURCHASE NECESSARY TO ENTER OR WIN. VOID WHERE PROHIBITED.THESE OFFICIAL RULES (“OFFICIAL RULES”) PROVIDE THE TERMS AND CONDITIONS OF THE 2023 BULA TECHNOLOGIES, INC. GOLF CART GIVEAWAY PROMOTION (THE “PROMOTION”). BY ATTEMPTING TO PARTICIPATE IN THE PROMOTION, ENTRANTS (AS DEFINED BELOW) FULLY AND UNCONDITIONALLY AGREE TO BE BOUND BY THESE OFFICIAL RULES AND THE DECISIONS OF THE PROMOTION SPONSOR, BULA TECHNOLOGIES, INC. (“SPONSOR”), WHICH WILL BE FINAL AND BINDING IN ALL MATTERS RELATING TO THE PROMOTION.ICON EV, LLC (“ICON”) IS NOT A SPONSOR OF AND NOT RESPONSIBLE FOR THE PROMOTION.
Eligibility. Participants in the Promotion (“Entrants”) must be legal residents of the 50 United States or the District of Columbia who are 18 years of age or older (or of legal age of majority in state of residence). Void outside of the 50 United States and the District of Columbia, and where otherwise prohibited or restricted by law.
Overview. Sponsor will be giving away a 2023 Icon golf cart (the “Prize”) via a random drawing of Entrants. The retail value of the Prize is $14,348.
To Participate. No purchase necessary to enter or win. To participate, Entrants will be required to log into their
NO PURCHASE NECESSARY TO ENTER OR WIN. VOID WHERE PROHIBITED.THESE OFFICIAL RULES (“OFFICIAL RULES”) PROVIDE THE TERMS AND CONDITIONS OF THE 2023 BULA TECHNOLOGIES, INC. GOLF CART GIVEAWAY PROMOTION (THE “PROMOTION”). BY ATTEMPTING TO PARTICIPATE IN THE PROMOTION, ENTRANTS (AS DEFINED BELOW) FULLY AND UNCONDITIONALLY AGREE TO BE BOUND BY THESE OFFICIAL RULES AND THE DECISIONS OF THE PROMOTION SPONSOR, BULA TECHNOLOGIES, INC. (“SPONSOR”), WHICH WILL BE FINAL AND BINDING IN ALL MATTERS RELATING TO THE PROMOTION.ICON EV, LLC (“ICON”) IS NOT A SPONSOR OF AND NOT RESPONSIBLE FOR THE PROMOTION.
Eligibility. Participants in the Promotion (“Entrants”) must be legal residents of the 50 United States or the District of Columbia who are 18 years of age or older (or of legal age of majority in state of residence). Void outside of the 50 United States and the District of Columbia, and where otherwise prohibited or restricted by law. Overview. Sponsor will be giving away a 2023 Icon golf cart (the “Prize”) via a random drawing of Entrants. The retail value of the Prize is $14,348.
To Participate. No purchase necessary to enter or win. To participate, Entrants will be required to log into their Bula Social Challenge Platform application (“Bula Application”) or download the Bula Application and create an account. All eligible Entrants who upload a video to the Bula Application during the Entry Period (defined below) will be automatically entered into the Promotion and will be eligible to win the Prize. Each eligible Entrant can upload an unlimited amount of videos during the Entry Period. Each video grants one entry to win. There is no charge to create or maintain an account and no purchase is necessary. All entries submitted in accordance with these Official Rules shall be hereinafter referred to as “Eligible Entries.” All Prizes must be redeemed in accordance with these Official Rules. The right to redeem a Prize is non-transferrable. There is no cost to redeem a Prize, however internet access charges and/or wireless data rates may apply.
Odds. The odds of winning the Prize by qualified entry will depend upon the overall number of qualifying entrants.
Entry Period.
The Promotion will commence on Saturday, November 11, 2023 at 12:01 AM Eastern Standard Time and end on Monday, November 13, 2023 at 11:59:59 AM Eastern Standard Time (the “Entry Period”). Only videos uploaded during the Entry Period will be Eligible Entries. Any videos uploaded before or after the Entry Period will not be considered Eligible Entries.
Selection of Winner.
The potential winner will be selected by Sponsor via a random drawing on Monday, November 13th at 11:59:59. Sponsor Administration will contact the potential winner on Tuesday, November 14th by 10:00 AM Eastern Standard Time by phone and email using the contact information that is associated with the potential winner’s Bula Application account.Winner Verification. The potential winner must prove eligibility and identification by phone or e-mail, including, without limitation, proof of age and residence, no later than Monday Nov 13, 2023 at 11:59:59 PM Eastern Standard Time. The potential winner must, at Sponsor’s discretion, sign within 48 hours of receipt of the following documents from Sponsor: (a) an affidavit of eligibility and release (including a name, image, likeness release) releasing the Indemnified Parties (as defined below) and their respective officers, directors, employees, agents and members from any and all liability, loss, claims, demands, and causes of action for personal injury and/or damage, theft, loss, or any other harm suffered in connection with this Promotion or the use/misuse or acceptance of the Prize or any portion thereof to be eligible for the Prize; and (b) except where prohibited by law, a promotional release granting Indemnified Parties the right to use his/her name and likeness for advertising and publicity purposes without additional compensation; and any other documentation required by Sponsor, including tax-related forms, and potential winner’s social security number or local equivalent for tax purposes (collectively, the “Releases”). Further, Sponsor reserves the right to conduct a background check on the potential winner. Entry into this Promotion constitutes Entrant’s agreement to sign such Releases and submit to a background check. The potential winner shall be responsible for obtaining and returning signed copies of the Releases and background check questionnaire within the allotted timeframe. Failure to return all such documents and comply with deadlines, noncompliance with these Official Rules or the return of any Prize or Prize notification will result in disqualification and, in Sponsor’s sole and absolute discretion, selection of an alternate potential winner. Upon receipt and acceptance by Sponsor of all requested documentation from a potential winner, Sponsor shall deem such potential winner as an official Promotion winner (a “Winner”). In the event of an unclaimed prize, there will be a second place, random drawing consisting of Eligible Entries.
General Terms.
Entrants, by using or accessing the Bula Social Challenge Platform application, are subject to the Bula Technologies Terms of Use. All disputes will be governed by these Terms of Use. Arrangements for fulfillment of the Prize will be made by Sponsor. All details related to the Prize not specified in these Official Rules shall be solely determined by Sponsor. As a reminder, the Winner remains liable for any and all taxes on the value of the Prize received. Upon entry into the Promotion, Winner (as well as all other Entrants) is required to comply with any and all applicable federal, state, and local laws, rules, and regulations. All federal, state and local taxes (if any), and any other costs and expenses associated with the Prize not specifically provided for in these Official Rules, are solely Winner’s responsibility. Sponsor shall have no responsibility or obligation to the Winner, or potential Winner, who is unable or unavailable to accept or utilize the Prize as described herein. No substitution, transfer or cash equivalent of the Prize or any portion thereof is permitted, except at Sponsor’s sole discretion, in which case a prize of comparable or greater value may be awarded. Noncompliance with any of these Official Rules, in Sponsor’s sole discretion, may result in disqualification. Indemnified Parties (as defined below) assume no responsibility for incorrect, inaccurate, or late entry information whether caused by any of the equipment or programming associated with or utilized in this Promotion or by any human error which may occur in relation to the Promotion or the processing of a Winner. Sponsor reserves the right in its sole discretion to cancel, terminate, modify or suspend the Promotion or Official Rules for any reason, including if the Promotion is not capable of running as planned, including, without limitation, unauthorized intervention, fraud, or any other causes beyond the control of Sponsor which corrupt or affect the administration, security, fairness, integrity or proper conduct of this Promotion or amendment and/or adoption of new or existing laws and/or regulations regarding the administration, operation or any other aspect of the Promotion in any jurisdiction. Should the Promotion be terminated prior to the stated expiration date, the Prize may be redeemed to the extent there has been a potential winner or Winner selected until and or after (if applicable) the time of modification, cancellation or termination or in a manner that is fair and equitable as determined by Sponsor. All interpretations of these Official Rules and decisions by Sponsor are final. CAUTION: ANY ATTEMPT BY ANY INDIVIDUAL TO DELIBERATELY UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW. Entrants agree to indemnify and hold harmless the Sponsor, Icon and each of their respective affiliated companies, parents, subsidiaries, officers, directors, employees, agents, members, successors and assigns (collectively, the “Indemnified Parties”) from and against any and all liabilities, claims, suits, losses, damages, expenses and costs (including, but not limited to reasonable attorneys’ fees) resulting or arising from: (a) the Promotion, including Entrants participation therein, and/or (b) any breach or violation of any representation, warranty, obligation or covenant made by each Entrant herein; and each Entrant agrees to release all rights to bring any claim, action or proceeding against the Indemnified Parties, to release all rights to bring any claim, action or proceeding against the Indemnified Parties, and hereby acknowledge that the Indemnified Parties have neither made nor are in any manner responsible or liable for any warranty, representation or guarantee, express or implied, in fact or in law, relative to the Promotion.
BY ENTERING THE PROMOTION, ENTRANTS RELEASE AND HOLD HARMLESS THE INDEMNIFIED PARTIES FROM AND AGAINST ANY AND ALL LOSSES, DAMAGES, RIGHTS, CLAIMS, AND ACTIONS OF ANY KIND ARISING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM THE PROMOTION OR PARTICIPATION IN ANY PROMOTION-RELATED ACTIVITY, AS WELL AS CLAIMS BASED ON PUBLICITY RIGHTS, DEFAMATION, AND/OR INVASION OF PRIVACY.IN NO EVENT WILL THE INDEMNIFIED PARTIES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, ARISING OUT OF ANY ACCESS TO, LACK OF ACCESS TO, AND/OR USE OF THE PROMOTION WEBSITE, THE DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM THE PROMOTION WEBSITE, THE REMOVAL FROM THE PROMOTION WEBSITE, OR DISCONTINUATION OF ACCESS TO, ANY MATERIALS, OR THE ACCEPTANCE, POSSESSION, USE, OR MISUSE OF, OR ANY HARM RESULTING FROM THE ACCEPTANCE, POSSESSION, USE OR MISUSE OF, OR PARTICIPATION IN, ANYTHING RECEIVED IN CONNECTION WITH THE PROMOTION. WITHOUT LIMITING THE FOREGOING, THE PROMOTION, THE BULA SOCIAL CHALLENGE PLATFORM APPLICATION, AND ALL RELATED ACTIVITIES AND MATERIALS PROVIDED ON OR THROUGH THE PROMOTION ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
Use and Transfer of Personal Information.
By participating, each Entrant agrees that their personally identifiable information collected or used in connection with the Promotion may be used by Sponsor in accordance with its Privacy Policy
Any personal information held by Sponsor in connection with the Promotion will be held on record for a reasonable period to fulfill the purpose for which such personal information was collected. If an Entrant gives Sponsor permission to pass on their personal information to a third party then this shall no longer be the responsibility of Sponsor and shall be subject to the privacy policy of that third party.
Terms of Use
Last Modified: November 8, 2023
Acceptance of the Terms of Use
IMPORTANT NOTICE: THESE TERMS OF USE INCLUDE A BINDING ARBITRATION AND CLASS ACTION WAIVER AGREEMENT WHICH REQUIRES THAT ANY PAST, PENDING, OR FUTURE DISPUTES BETWEEN YOU AND US SHALL BE RESOLVED BY FINAL AND BINDING ARBITRATION ON AN INDIVIDUAL BASIS ONLY AND FOR YOUR LOSSES ONLY. YOU MAY NOT PROCEED AS A CLASS REPRESENTATIVE, MEMBER OR PART OF ANY PROPOSED CLASS, COLLECTIVE ACTION, MASS ARBITRATION, PRIVATE ATTORNEY GENERAL SUIT OR ANY REPRESENTATIVE PROCEEDING, OR OTHERWISE SEEK TO RECOVER ON BEHALF OF OTHERS OR FOR THE BENEFIT OF OTHERS IN ANY TYPE OF CLAIM OR ACTION. ARBITRATION MEANS YOU WILL NOT BE ABLE TO SEEK DAMAGES IN COURT OR PRESENT YOUR CASE TO A JURY. OPT-OUT. IF YOU DO NOT WISH TO BE SUBJECT TO ARBITRATION ON A RETROACTIVE BASIS AND AS TO ANY FUTURE CLAIMS, AND YOU HAVE NOT PREVIOUSLY AGREED TO AN ARBITRATION PROVISION WITH US IN CONNECTION WITH YOUR USE OF OUR SERVICES, YOU MAY OPT OUT OF THE ARBITRATION AGREEMENT WITHIN THIRTY (30) DAYS BY FOLLOWING THE INSTRUCTIONS PROVIDED IN THE “BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER” SECTION, BELOW.PLEASE READ THE FOLLOWING TERMS OF USE, THE BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER (SEE BELOW), AND THE PRIVACY POLICY CAREFULLY BEFORE USING THE BULA SERVICES, PLATFORM OR WEBSITE OR APPLICATION. YOU AGREE THAT YOUR CONTINUED USE OR ACCESS OF THE PLATFORM OR SERVICES SHALL BE SUBJECT TO THESE TERMS OF USE, WHICH FURTHER INCORPORATE AND INCLUDE THE PRIVACY POLICY.
These terms of use are entered into by and between You and Bula Technologies, Inc. (“Bula,” "Company," "we," or "us"). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, "Terms of Use" or “Terms”), govern your access to and use of the Bula website (bulaapp.com), any and all mobile or mobile website applications offered by Bula, including any content, functionality, and services offered on or through Bula’s website or applications (collectively, the "Platform"), whether as a guest or a registered user.
Bula’s Platform is the definitive social challenge platform enabling users to dare or challenge their friends to anything, any time (the “Services”). The Platform is offered and available to users who are 18 years of age or older, and reside in the United States or any of its territories or possessions. By using the Platform, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Platform.
Changes to the Terms of Use
We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Platform thereafter. However, any changes to the dispute resolution provisions set out in “Governing Law and Jurisdiction” and/or the “Binding Arbitration and Class Action Waiver” Sections will not apply to any disputes for which the parties have actual notice before the date the change is posted on the Platform.Your continued use of the Platform following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.
Accessing the Platform and Account Security
We reserve the right to withdraw or amend the Platform, and any service or material we provide on the Platform, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Platform is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Platform, or the entire Platform, to users, including registered users.You are responsible for making all arrangements necessary for you to have access to the Platform. To use the Services, you will need to register for an account with us. You may register for an account on the Platform. Only one account per person. We reserve the right to cancel your account(s) if we discover that you have opened more than one account. To register for an account or to access the Platform or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Platform that all the information you provide on the Platform is correct, current, and complete. You agree that all information you provide to register with this Platform or otherwise, including, but not limited to, through the use of any interactive features on the Platform, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Platform or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.
Intellectual Property Rights
The Platform and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.These Terms of Use permit you to use the Platform for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Platform, except as follows:Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.You may store files that are automatically cached by your Web browser for display enhancement purposes.You may print one copy of a reasonable number of pages of the Platform for your own personal, non-commercial use and not for further reproduction, publication, or distribution.If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.If we provide social media features with certain content, you may take such actions as are enabled by such features.You must not:Modify copies of any materials from this site.Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.You must not access or use for any commercial purposes any part of the Platform or any services or materials available through the Platform. If you wish to make any use of material on the Platform other than that set out in this section, please address your request to: support@bulachallenge.com. If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Platform in breach of the Terms of Use, your right to use the Platform will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Platform or any content on the Platform is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Platform not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.
Trademarks
The Company name, the terms, “Bula”, the Company logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on the Platform are the trademarks of their respective owners.
Prohibited Uses
You may use the Platform only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Platform: In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries). For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise. To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Content Standards set out in these Terms of Use.To transmit, or procure the sending of, any advertising or promotional material, without our prior written consent, including any "junk mail," "chain letter," "spam," or any other similar solicitation.To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Platform, or which, as determined by us, may harm the Company or users of the Platform, or expose them to liability.For any form of betting, gambling, wagering, or any other similar activity Additionally, you agree not to:Use the Platform in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Platform, including their ability to engage in real time activities through the Platform.Use any robot, spider, or other automatic device, process, or means to access the Platform for any purpose, including monitoring or copying any of the material on the Platform.Use any manual process to monitor or copy any of the material on the Platform, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent.Use any device, software, or routine that interferes with the proper working of the Platform.Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Platform, the server on which the Platform is stored, or any server, computer, or database connected to the Platform. Attack the Platform via a denial-of-service attack or a distributed denial-of-service attack.Otherwise attempt to interfere with the proper working of the Platform.
If, in our sole determination, you are found to have cheated or attempted to defraud us or engaged in any other suspicious or prohibited activity in any way, we reserve the right to suspend or close your account and cancel any challenges you may have initiated or accepted. We are also obligated to refer the matter to the proper law enforcement or regulatory authority if we reasonably believe you are engaged in illegal or fraudulent activity while using the Services or Platform.
User Contributions
The Platform may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, the Create A Bula feature, Trash Talk feature, and other interactive features (collectively, "Interactive Services") that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, "post") content or materials (collectively, "User Contributions") on or through the Platform.All User Contributions must comply with the Content Standards set out in these Terms of Use.Any User Contribution you post to the site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Platform, you grant us and our affiliates and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose. You represent and warrant that: You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates, and each of their and our respective licensees, successors, and assigns.All of your User Contributions do and will comply with these Terms of Use. You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Platform.
Monitoring and Enforcement; Termination
We have the right to:Remove or refuse to post any User Contributions for any or no reason in our sole discretion.Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Use, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Platform or the public, or could create liability for the Company.Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Platform. Terminate or suspend your access to all or part of the Platform for any or no reason, including without limitation, any violation of these Terms of Use.
Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Platform. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.However, we do not undertake to review all material before they are posted on the Platform, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
Content StandardsThese content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy.Be likely to deceive any person.Promote any illegal activity, or advocate, promote, or assist any unlawful act.Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.Impersonate any person, or misrepresent your identity or affiliation with any person or organization. Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.Copyright InfringementIf you believe that any User Contributions violate your copyright, please review the following Copyright Policy detailed below for instructions on sending us a notice of copyright infringement. It is the policy of the Company to terminate the user accounts of repeat infringers.
COPYRIGHT COMPLAINTS POLICY AND COPYRIGHT AGENT
(a) Termination of Repeat Infringer Accounts. Bula respects the intellectual property rights of others and requests that the users do the same. Pursuant to 17 U.S.C. 512(i) of the United States Copyright Act (as amended), Bula has adopted and implemented a policy that provides for the termination in appropriate circumstances of users of the Platform and/or Services who are repeat infringers. Bula may terminate access for participants or users who are found repeatedly to provide or post protected third party content without necessary rights and permissions.
(b) DMCA Take-Down Notices. If you are a copyright owner or an agent thereof and believe, in good faith, that any materials provided on the Platform infringe upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (as amended, see 17 U.S.C 512) (“DMCA”) by sending the following information in writing to Bula’s designated copyright agent at: support@bulachallenge.com The date of your notification;A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;A description of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;A description of the material that is claimed to be infringing or to be the subject of infringing activity and information sufficient to enable us to locate such work;Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and/or email address;A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and,A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.(c) Counter-Notices. If you believe that your User Content that has been removed from the Platform is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the content in your User Content, you may send a counter-notice containing the following information to our copyright agent using the contact information set forth above.Your physical or electronic signature;A description of the content that has been removed and the location at which the content appeared before it was removed;A statement that you have a good faith belief that the content was removed as a result of mistake or a misidentification of the content; andYour name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court in Delaware and a statement that you will accept service of process from the person who provided notification of the alleged infringement. If a counter-notice is received by Bula’s copyright agent, Bula may send a copy of the counter-notice to the original complaining party informing such person that it may reinstate the removed content in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may (in Bula’s discretion) be reinstated on the Platform in 10 to 14 business days or more after receipt of the counter-notice.Before you file your DMCA Take-Down Notice, please carefully consider whether or not the use of the copyrighted material at issue is protected by the Fair Use doctrine. If you file a DMCA notice when there is no infringing use, you could be liable for costs and attorneys’ fees.
Reliance on Information Posted
The information presented on or through the Platform is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Platform, or by anyone who may be informed of any of its contents.This Platform may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
Changes to the Platform
We may update the content on this Platform from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Platform may be out of date at any given time, and we are under no obligation to update such material.
Information About You and Your Activity on the Platform
All information we collect on the Platform is subject to our Privacy Policy. By using the Platform, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
Linking to the Platform and Social Media Features
You may link to the Platform including our website homepage or to a mobile application link, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent. The Platform may provide certain social media features that enable you to:Link from your own or certain third-party websites to certain content on this Platform.Send emails or other communications with certain content, or links to certain content, on this Platform.Cause limited portions of content on this Platform to be displayed or appear to be displayed on your own or certain third-party websites.You may use these features solely as they are provided by us and solely with respect to the content they are displayed with, and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:Establish a link from any website that is not owned by you.Cause the Platform or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.Link to any part of the Platform other than the homepage.Otherwise take any action with respect to the materials on this Platform that is inconsistent with any other provision of these Terms of Use.The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in these Terms of Use.You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.We may disable all or any social media features and any links at any time without notice in our discretion.
Links and Integrations from the Platform
If the Platform contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to the Platform, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.User acknowledges that Platform may incorporate third-party apps, websites, or services (the “Third-Party Integrations”) and User may be subject to separate terms and conditions required for use of the Platform. User hereby agrees that its use of the Platform.
Geographic Restrictions
The owner of the Platform is based in the State of Delaware in the United States. We provide this Platform for use only by persons located in the United States. We make no claims that the Platform or any of its content is accessible or appropriate outside of the United States. Access to the Platform may not be legal by certain persons or in certain countries. If you access the Platform from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Platform will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Platform for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE PLATFORM OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY PLATFORM LINKED TO IT.YOUR USE OF THE PLATFORM, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM IS AT YOUR OWN RISK. THE PLATFORM, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE PLATFORM. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE PLATFORM, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE PLATFORM OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.Limitation on LiabilityTO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, CONTRACTORS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE PLATFORM, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE PLATFORM OR SUCH OTHER PLATFORMS, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Indemnification
You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any and all third-party claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or your use of the Platform, including, but not limited to, your User Contributions, any use of the Platform's content, services, and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Platform.Governing Law and JurisdictionAll matters relating to the Platform and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Delaware without giving effect to any choice or conflict of law provision or rule (whether of the State of Delaware or any other jurisdiction).All disputes and complaints will governed exclusively by the Binding Arbitration and Class Action Waiver Agreement set forth below. To the extent that you opt-out of arbitration, any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Platform shall be instituted exclusively in the federal courts of the United States or the courts of the State of Delaware. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
Binding Arbitration & Class Action Waiver
PLEASE READ THIS ARBITRATION & CLASS ACTION WAIVER AGREEMENT (the “Agreement”) CAREFULLY.
THIS AGREEMENT INCLUDES A MANDATORY ARBITRATION PROVISION WHICH SETS FORTH HOW PAST, PENDING OR FUTURE DISPUTES BETWEEN YOU AND THE COMPANY SHALL BE RESOLVED BY FINAL AND BINDING ARBITRATION ON AN INDIVIDUAL BASIS ONLY AND FOR YOUR OWN LOSSES ONLY. UNDER THIS AGREEMENT, YOU MAY NOT PROCEED AS A CLASS REPRESENTATIVE, MEMBER OR PART OF ANY PROPOSED CLASS, COLLECTIVE ACTION OR MASS ARBITRATION, PRIVATE ATTORNEY GENERAL SUIT OR ANY REPRESENTATIVE PROCEEDING, OR OTHERWISE SEEK TO RECOVER ON BEHALF OF OTHERS OR FOR THE BENEFIT OF OTHERS IN ANY TYPE OF CLAIM OR ACTION. ARBITRATION MEANS YOU WILL NOT BE ABLE TO SEEK DAMAGES IN COURT OR PRESENT YOUR CASE TO A JURY.
a. SCOPE OF AGREEMENT TO ARBITRATE
You and the Company agree that any past, pending, or future dispute, claim or controversy arising out of or relating to any purchase or transaction by You, your access to or use of any Platform or the Service, or to this Agreement, the Terms of Use, the Sweepstakes Rules or Privacy Policy (including without limitation any dispute concerning the breach, enforcement, construction, validity, interpretation, enforceability, or arbitrability of this Agreement or the Terms of Use) (a “Dispute”), shall be determined by arbitration, including claims that arose before acceptance of any version of this Agreement, except that you and the Company are NOT required to arbitrate any Dispute in which either party seeks equitable and other relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents. In addition, in the event of any Dispute concerning or relating to this Agreement — including the scope, validity, enforceability, or severability of this Agreement or its provisions, as well as the arbitrability of any claims—you and the Company agree and delegate to the arbitrator the exclusive jurisdiction to rule on his or her own jurisdiction over the Dispute, including any objections with respect to the scope, validity, enforceability, or severability of this Agreement or its provisions, as well as the arbitrability of any claims or counterclaims presented as part of the Dispute.
b. SEPARATE AGREEMENT The parties acknowledge that this Agreement is a separate agreement between the parties governed by the Federal Arbitration Act, and that any alleged or determined invalidity or illegality of all or any part of the Terms of Use, the Service, the Platform, or the Privacy Policy shall have no effect upon the validity and enforceability of this Agreement.
c. INITIATING ARBITRATION
Following the conclusion of the initial dispute resolution process required by this Agreement, you may seek arbitration of a Dispute in accordance with the provisions of this Agreement. The arbitration shall be conducted by the American Arbitration Association (“AAA”) pursuant to its Consumer Arbitration Rules (“AAA Rules”) or, except as modified by this Agreement. The AAA Rules are available on the AAA’s website www.adr.org, or by calling the AAA at (800) 778-7879, or its then current telephone number as provided on its web site, or by sending a written request to: The American Arbitration Association, 1101 Laurel Oak Road, Suite 100, Voorhees, NJ 08043. In the event the AAA is unavailable or unwilling to hear the dispute in accordance with this Agreement, the parties shall agree to, or a court shall select, another arbitration provider. By signing a demand for arbitration, a party certifies, to the best of their knowledge, information, and belief, formed after an inquiry reasonable under the circumstances, that: (i) the demand for arbitration is not being presented for any improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of dispute resolution; (ii) the claims and other legal contentions are warranted by existing law or by a nonfrivolous argument for extending, modifying, or reversing existing law or for establishing new law; and (iii) the factual contentions have evidentiary support or, if specifically so identified, will likely have evidentiary support after a reasonable opportunity for further investigation or discovery. The Arbitrator shall be authorized to afford any relief or impose any sanctions available under Federal Rule of Civil Procedure 11 or any applicable state law for either party’s violation of this requirement.
d. OPTION AND PROCEDURE TO OPT OUT OF ARBITRATION
IF YOU HAVE NOT PREVIOUSLY AGREED TO AN ARBITRATION PROVISION IN CONNECTION WITH YOUR USE OF OUR SERVICE, YOU MAY OPT OUT OF THE AGREEMENT TO ARBITRATE BY FOLLOWING THE INSTRUCTIONS BELOW. IF YOU DO NOT OPT-OUT, THE ARBITRATION PROVISIONS WILL APPLY RETROACTIVELY TO ALL CLAIMS YOU MAY POSSESS, WHETHER ASSERTED TO DATE OR NOT.IF YOU DO NOT WISH TO AGREE TO THE PROVISIONS OF THIS AGREEMENT REQUIRING ARBITRATION AND CLASS ACTION WAIVER AND YOU HAVE NOT PREVIOUSLY AGREED TO AN ARBITRATION PROVISION IN CONNECTION WITH YOUR USE OF OUR SERVICE, YOU MUST, WITHIN THIRTY (30) DAYS OF ENTERING THIS AGREEMENT, SEND AN E-MAIL FROM THE EMAIL ADDRESS ASSOCIATED WITH YOUR ACCOUNT TO [support@bulachallenge.com] CONTAINING YOUR FULL NAME, ADDRESS, THE WORDS “OPT OUT” IN THE BODY OR SUBJECT LINE OF THE EMAIL, AND A STATEMENT THAT YOU WISH TO OPT-OUT OF ARBITRATION. ***EMAILS SENT TO OPT OUT AFTER THE 30 DAY PERIOD SHALL NOT BE EFFECTIVE.***Whether to agree to arbitration is an important decision. It is your decision to make and you are not required to rely solely on the information provided in these terms of use. You should take reasonable steps to conduct further research and to consult with counsel (at your expense) regarding the consequences of your decision. d.
e. LOCATION OF ARBITRATION & APPLICABLE RULESYou and the Company agree that:(a) provided the Dispute involves solely individual claims for damages in accordance with the Agreement, the American Arbitration Association (“AAA”) will administer the arbitration under its Consumer Rules in effect at the time arbitration is sought, available at www.adr.org, and the arbitration shall be conducted via telephone or other remote electronic means. However, the parties agree: to select an arbitrator pursuant to the procedure set forth in R-12 of the Commercial Part Rules (instead of the Consumer Part Rules); that the AAA will only include arbitrators from the AAA National Registry Commercial Part list on the parties’ arbitrator selection list (instead of the Consumer list); and the AAA will only include arbitrators who are practicing attorneys or retired federal court judges who have at least ten years of substantive expertise in litigating and resolving of complex business disputes, including motions to compel arbitration and litigation or adjudication regarding whether disputes are arbitrable.(b) You and the Company agree that the arbitration of any Dispute shall proceed on an individual basis and neither you nor the Company may bring a claim as a part of a Collective Arbitration. (i) Without limiting the generality of the Agreement, and as an example only, a claim to resolve a Dispute against the Company will be deemed a Collective Arbitration if: (a) two (2) or more similar claims for arbitration are pending concurrently by or on behalf of one or more claimants; and (b) counsel for the two or more claimants are the same, share fees or coordinate in any way across the arbitrations. (c) If, notwithstanding the terms of this Agreement, to the extent a party attempts to assert any claims or seek relief on behalf of or for the use of other persons or a class under any theory, or in which injunctive relief is sought by a party that would significantly impact other Company users or the operation of the Platform, the Commercial Arbitration Rules shall apply and, as appropriate, the Supplementary Rules for Class Action of the AAA may apply. (d) the AAA rules will govern payment of all arbitration fees;(e) except as otherwise may be required by the AAA Rules, the arbitration will be held in [the State of Delaware];(f) the arbitrator shall be authorized to award any remedies, including injunctive relief, that would be available in an individual lawsuit and that are not waivable under applicable law, however, any relief must be individualized to you and shall not affect any other persons. (g) except as and to the extent otherwise may be required by law, the arbitration proceeding, pleadings, and any award shall be confidential, except as may be necessary in connection with a court application for a preliminary remedy, a judicial challenge to an award or its enforcement.
f. WAIVER OF CLASS RELIEF AND COLLECTIVE ACTIONTO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER YOU NOR the Company SHALL BE ENTITLED TO BRING, CONSOLIDATE, JOIN OR COORDINATE DISPUTES BY OR AGAINST OTHER INDIVIDUALS OR ENTITIES, OR PARTICIPATE IN ANY COLLECTIVE ARBITRATION OR ARBITRATE OR LITIGATE ANY DISPUTE IN A REPRESENTATIVE CAPACITY. YOU MAY ONLY ARBITRATE OR LITIGATE ON AN INDIVIDUAL BASIS ONLY AND FOR YOUR OWN LOSSES ONLY. UNDER THIS AGREEMENT, YOU MAY NOT PROCEED IN ARBITRATION OR COURT AS A CLASS REPRESENTATIVE, MEMBER OR PART OF ANY PROPOSED CLASS, COLLECTIVE ACTION OR MASS ARBITRATION, PRIVATE ATTORNEY GENERAL SUIT OR ANY REPRESENTATIVE PROCEEDING, OR OTHERWISE SEEK TO RECOVER ON BEHALF OF OTHERS OR FOR THE BENEFIT OF OTHERS IN ANY TYPE OF CLAIM OR ACTION. YOU AND THE COMPANY ARE EACH WAIVING RESPECTIVE RIGHTS TO PARTICIPATE IN A CLASS ACTION. BY ACCEPTING THIS AGREEMENT, YOU GIVE UP YOUR RIGHT TO PARTICIPATE IN ANY PAST, PENDING OR FUTURE CLASS ACTION OR ANY OTHER CONSOLIDATED OR REPRESENTATIVE PROCEEDING, INCLUDING ANY EXISTING AS OF THE DATE YOU AGREED TO THIS AGREEMENT.
g. WAIVER OF JURY TRIAL. EACH PARTY HEREBY WAIVES, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN ANY LEGAL PROCEEDING DIRECTLY OR INDIRECTLY ARISING OUT OF OR RELATING TO THE PLATFORM OR SERVICES OR ANY TRANSACTIONS BETWEEN THE PARTIES, WHETHER BASED ON CONTRACT, TORT OR ANY OTHER THEORY.
SEVERABILITY
This Agreement applies solely to the extent permitted by law. If for any reason any provision of this Agreement or portion thereof, is found by a court of competent jurisdiction to be unlawful, void, or unenforceable, that part of this Agreement will be deemed severable and shall not affect the validity and enforceability of the remainder of this Agreement which shall continue in full force and effect. The parties agree further that if any part of this Agreement is deemed to be illegal, invalid, void or for any reason unenforceable, that the invalid or unenforceable provision should, to the greatest extent possible, be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision.
Waiver and Severability
No waiver by the Company of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.
One Year Statute of Limitations
You and the Company agree that any claims, regardless of form, arising out of or related to the Services, the Platform, or these Terms of Use or Privacy Policy must BE FILED within ONE (1) YEAR of the action, omission, event or occurrence giving rise to the claim or suit, after which such claims will be time-barred and prohibited, without regard to any longer period of time which may be provided by any period of limitation or repose by law or statute.
Control in Case of ConflictIn the event of any discrepancy or conflict between these Terms and any other policies or rules presented in connection with the Platform or Services, including the Privacy Policy, these Terms shall expressly control.
Entire Agreement
The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and Bula regarding the Platform and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Platform.
Your Comments and Concerns
This Platform is operated by Bula Technologies, Inc. All notices of copyright infringement claims should be sent to the copyright agent designated in our Copyright Policy located herein in the manner and by the means set forth therein.All other feedback, comments, requests for technical support, and other communications relating to the Platform should be directed to: support@bulachallenge.com
