IMPORTANT NOTICE: THIS AGREEMENT CONTAINS A BINDING ARBITRATION PROVISION AND CLASS ACTION WAIVER. IT AFFECTS YOUR LEGAL RIGHTS AS DETAILED IN THE ARBITRATION AND CLASS ACTION WAIVER SECTION BELOW. PLEASE READ CAREFULLY.

BMS LLC and its affiliates (collectively, "BMS," "our," "us," or "we") operate websites, provide products and services through mobile and other applications, and develop software. We refer to these as “platform,” "sites," "services," or "our sites and services."

As used in these TOU, references to our "Affiliates" include our owners, subsidiaries, affiliated companies, officers, directors, suppliers, partners, sponsors, and advertisers, and includes (without limitation) all parties involved in creating, producing, and/or delivering this site and/or its contents.

PLEASE READ THE TERMS THOROUGHLY AND CAREFULLY. BY USING THE PLATFORM, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU MAY NOT ACCESS OR USE THE PLATFORM.

These terms, including any schedules and supplemental terms (collectively, these "Terms of Use" or this "TOU") applies to our sites and services on which we display or post a direct link to this TOU. If there is any conflict between this TOU and any supplemental terms to a site or service, the supplemental terms will control. This TOU does not apply to those sites and services that do not display or link to this TOU, or that have their own terms of use.

By using our sites and services, you are a "user" and you accept and agree to this TOU as a legal contract between you and us. We reserve the right to change these TOU from time to time without notice to you. You acknowledge and agree that it is your responsibility to review this site and these TOU periodically and to be aware of any modifications. Your continued use of this site after such modifications will constitute your acknowledgment of the modified TOU and agreement to abide and be bound by the modified Terms of Use. If you do not accept and agree to all provisions of these TOU, now or in the future, you may reject these TOU by immediately terminating all access and use of our sites and services, in which case any continuing access or use of our sites and service is unauthorized.

This TOU governs your access to, use of, and participation in the sites and services made available by BMS or provider services obtained from or provided to other users. All references to "you" or "your," as applicable, mean the person who accesses, uses, and/or participates in the Platform in any manner, and each of your heirs, assigns, and successors. If you use the Platform on behalf of an entity, you represent and warrant that you have the authority to bind that entity, your acceptance of the TOU will be deemed an acceptance by that entity, and "you" and "your" herein shall refer to that entity, its members, owners, directors, employees, and any other agent of that entity. As used in these TOU, references to our "Affiliates" include our owners, subsidiaries, affiliated companies, officers, directors, suppliers, partners, sponsors, and advertisers, and includes (without limitation) all parties involved in creating, producing, and/or delivering this site and/or its contents.

You are also required to comply with, and to ensure compliance with, all laws, ordinances and regulations applicable to your activities on our sites and services.

Unless expressly permitted by supplemental terms, our sites and services are intended for general audiences 18 years of age and older, and access or use by anyone younger is not authorized.

These TOU grant you a limited, revocable, nonexclusive license to access our sites and services and use our sites and services, in whole or in part, including but not limited to our intellectual property therein, solely in compliance with these TOU. You are prohibited from utilizing, copying, adapting, modifying, creating derivative works from, distributing, licensing, selling, transferring, publicly displaying, publicly performing, transmitting, streaming, broadcasting, or otherwise exploiting the Platform or Collective Content, other than what is explicitly allowed in these Terms. BMS or our licensors do not grant you any implied licenses or rights concerning any intellectual property that they own or control. The only licenses and rights you obtain are those expressly outlined in these Terms.

YOUR REMEDY FOR DISSATISFACTION WITH OUR SITES AND SERVICES, CONTENT, OR OTHER INFORMATION AVAILABLE ON OR THROUGH OUR SITES, IS TO STOP USING THESE SITES AND SERVICES. YOUR AGREEMENT WITH US REGARDING COMPLIANCE WITH THESE TERMS OF USE BECOMES EFFECTIVE IMMEDIATELY UPON COMMENCEMENT OF YOUR USE OF OUR SITES AND SERVICES.

Additional Terms and Policies

Please review our Privacy Policy for information and notices concerning BMS’s collection and use of your information. The provision and delivery of text messages by BMS or our text message service providers is governed by our SMS Terms and Conditions, which are expressly incorporated herein. Certain areas of and/or products on the Platform may have different terms and conditions posted or may require you to agree with and accept additional terms and conditions or policies. If there is a conflict between these Terms and terms and conditions or policies posted for a specific area or product, the latter take precedence with respect to your use of that area or product.

Key Terms

"Platform" encompasses all websites, mobile or other applications, software, processes, video consultations, subscription services, and other services offered by or through BMS.

"Service Professional" or "Professional" or "Subscriber" denotes a User who is registered to utilize the Platform to propose, deliver, get paid for, or facilitate the delivery of Pro Services. Within the Platform, Service Professionals are often referred to as “pros.”

"Consumer" is a term for a User registered on the Platform to find Service Professionals, request Pro Services, book Pro Services or obtain quotes, engage in consultations or similar services, or otherwise utilize the Platform to receive, pay for, review, or facilitate the acquisition of Pro Services. As Consumers might be or become clients of Service Professionals, they may also be referred to as "customers" within the Platform and related marketing materials.

"User" identifies an individual or entity that either finishes the account registration process with BMS, adheres to its Terms, takes advantage of the services on the Platform, or submits or obtains a request via our sites. This includes, but isn’t limited to, Service Professionals and Consumers.

"Content" encompasses a variety of materials like text, images, graphics, audio, software, video, information, and more. This includes everything from profile information and service requests to quotes, message threads, reviews, scheduling details, calendar information, and any other data accessible on or through the Platform.

"User Content" constitutes all Content that is submitted, posted, uploaded, published, or transmitted by any User or other user of the Platform, such as photos, profile details, descriptions, postings, reviews, requests, messages, and payments, excluding BMS Content and Feedback.

"BMS Content" is the Content made available by BMS on or through the Platform, which includes Content licensed from third parties but excludes User Content.

"Collective Content" is defined as the combination of User Content and BMS Content.

"Fee" signifies an amount that BMS charges a User in relation to the Platform.

"Pro Services" describes the services that are listed, quoted, scheduled, offered, executed, or provided by Service Professionals, or sought, scheduled, purchased, or received by Consumers, via the Platform.

Moderation

We have the right, but not the obligation, to regulate content (which includes but is not limited to postings, text, code, images, video, binary files, ads, accounts, account information, flags, emails, messages and any other user communications ("content")) posted to, stored on or transmitted via our sites and services by any user (or any other third party in any manner); to regulate conduct (including but not limited to any authorized or unauthorized access to or use of our sites and services) by any user (or any other third party in any manner); and to enforce these TOU, for any reason and in any manner or by any means that we, in our sole discretion, deem necessary or appropriate (including but not limited to automated and manual screening, blocking, filtering, exclusion from index pages, exclusion from search results, requiring the use of an application programming interface (API), requiring the use of a bulk posting interface, authorization, verification, and the deletion and/or termination of content, accounts and/or all or any use or access). We may, in our sole discretion and without notice, start, stop or modify any regulation or enforcement measures at any time. Our action or inaction to regulate content or conduct or to enforce against any potential violation of these TOU by any user (or any other third party) does not waive our right to implement or not implement regulation or enforcement measures with respect to any subsequent or similar content, conduct or potential TOU violation.

You also understand and agree that any action or inaction by us or any of our directors, officers, stockholders, employees, consultants, agents or representatives (collectively, "our representatives" and individually "our representative") to prevent, restrict, redress or regulate content, or to implement other enforcement measures against any content, conduct or potential TOU violation is undertaken voluntarily and in good faith, and you expressly agree that neither we nor any of our representatives will be liable to you or anyone else for any action or inaction to prevent, restrict, redress, or regulate content, or to implement other enforcement measures against any content, conduct or potential violation of these TOU.

Although our representatives may moderate content on our sites and services at our discretion, our representatives have no authority to make binding commitments, promises or representations to anyone that they or anyone else on behalf of us will "take care" of any alleged problem or complaint, or that they or anyone else on behalf of us will otherwise stop, cure or prevent any problem, content, conduct or purported TOU violation from occurring or recurring. Accordingly, you further agree that any representation (written or verbal) by our representative (or by anyone else acting on behalf of us or by anyone purportedly acting on behalf of us) that we (including but not limited to our representative, anyone else acting on behalf of us, or anyone purportedly acting on behalf of us) would or would not prevent, restrict, redress or regulate content (including, without limitation, screen, block, moderate, review, remove, terminate, delete, edit or otherwise stop, cure or exclude any content), or to implement other enforcement measures against any content, conduct or potential or purported TOU violation is superseded by this provision and is nonbinding and unenforceable. Specifically, you agree that we, our representatives and anyone else authorized to act on behalf of us will in no circumstance be liable as a result of any representation that we, our representatives or anyone else on behalf of us would or would not restrict or redress any content, conduct or potential or purported TOU violation. For the purpose of clarity, the opinions, statements, comments, posts and other communications expressed on our sites and services are solely those of the poster and not ours, or our employees, officers, directors, shareholders, subsidiaries, parent companies, attorneys or other agents. We do not guarantee the accuracy or reliability or the information provided by any poster, administrator, or moderator. Administrators and moderators are not our agents and their opinions, comments and posts are their own. This paragraph may not be modified, waived or released except by a written agreement, dated and signed by our Chief Executive Officer and dated and signed by the individual or entity to whom the modification, waiver or release is granted.

We also have the right in our sole discretion to limit, modify, interrupt, suspend or discontinue all or any portions of our sites and services at any time without notice. We and our representatives will not be liable for any such limitations, modifications, interruptions, suspensions or discontinuance, or any purported losses, harm or damages arising from or related thereto.

Content and Conduct

Content

We do not control, are not responsible for and make no representations or warranties with respect to any user content. You are solely responsible for your access to, use of and/or reliance on any user content. You must conduct any necessary, appropriate, prudent or judicious investigation, inquiry, research and due diligence with respect to any user content.

You are also responsible for any content that you post or transmit and, if you create an account, you are responsible for all content posted or transmitted through or by use of your account. You accept full responsibility for avoiding infringement of the intellectual property or personal rights of others in connection with your Content.

Content prohibited from our sites and services includes but is not limited to: (1) illegal content; (2) content in facilitation of the creation, advertising, distribution, provision or receipt of illegal goods or services; (3) offensive content (including, without limitation, court ordered defamatory statements, threatening, hateful or pornographic content); (4) content that discloses another's personal, confidential or proprietary information; (5) false or fraudulent content (including but not limited to false, fraudulent or misleading responses to user ads transmitted via our sites and services); (6) malicious content (including, without limitation, malware or spyware); (7) content that offers, promotes, advertises, or provides links to posting or auto-posting products or services, account creation or auto-creation products or services, flagging or auto-flagging products or services, bulk telephone numbers, or any other product or service that if utilized with respect to our sites and services would violate these TOU or our other legal rights; and (8) content that offers, promotes, advertises or provides links to unsolicited products or services. Other content prohibitions are set forth in supplemental terms for particular categories or services on our sites and services and all such prohibitions are expressly incorporated into these TOU as stated in the introductory paragraphs above.

You automatically grant and assign to us, and you represent and warrant that you have the right to grant and assign to us, a perpetual, irrevocable, unlimited, fully paid, fully sub-licensable (through multiple tiers), worldwide license to copy, perform, display, sell, transfer, distribute, prepare derivative works from (including, without limitation, incorporating into other works) and otherwise use any content that you post. You also expressly grant and assign to us all rights and causes of action to prohibit and enforce against any unauthorized copying, performance, display, distribution, use or exploitation of, or creation of derivative works from, any content that you post (including but not limited to any unauthorized downloading, extraction, harvesting, collection or aggregation of content that you post). The contents of private messaging through the Platform will not be used by BMS in public advertising. For clear understanding, it's important to note that the license granted to BMS will continue to be in effect even after the termination of the Platform or your Account. BMS does not assert any ownership rights over your User Content, and nothing in these Terms should be interpreted as limiting the rights that you may possess to use, manage, or exploit any User Content that you have submitted, posted, uploaded, published, or transmitted on or through the Platform.

Public User Content

In an effort to enhance user experience and create a comprehensive profile, we may, from time to time, gather publicly accessible content ("Public Content") that you own or control from platforms or profiles outside of BMS. This may include, but is not limited to, pictures, videos, and other media or information. Any Public Content we collect might be added to your profile on our platform. However, such content will remain private and will not be displayed publicly on your profile until you have expressly agreed to our terms of use and our privacy policy. You retain the right to remove or request the removal of any Public Content from your profile at any time, irrespective of your agreement to our terms and policies. Once you accept our terms and complete your account setup, the Public Content on your profile, like any other content you provide or that is associated with your profile, will be governed by and subject to all applicable terms, policies, and conditions stipulated in this agreement and any other relevant documents referenced herein. After your acceptance of our terms and policies and your subsequent review and approval of the collected Public Content, now known as your Content, you assume full responsibility for ensuring that your Content does not infringe upon the intellectual property or rights of third parties. You are solely responsible for any legal implications or liabilities arising from potential infringements or violations related to your Content.

Conduct

We do not control, are not responsible for and make no representations or warranties with respect to any user or user conduct. You are solely responsible for your interaction with or reliance on any user or user conduct. You must perform any necessary, appropriate, prudent or judicious investigation, inquiry, research and due diligence with respect to any user or user conduct.

You are also responsible for your own conduct and activities on, through or related to our sites and services, and, if you create an account on our sites and services, you are responsible for all conduct or activities on, through or by use of your account.

Postings and Accounts

This section applies to all uses and users of our sites and services, unless we have specifically authorized an exception to a particular term for a particular user in a written agreement. We have sole and absolute discretion to authorize or deny any exception or exceptions to the terms in this section.

Postings

Users may not circumvent any technological measure implemented by us to restrict the manner in which content may be posted on our sites and services or to regulate the manner in which content (including but not limited to email) may be transmitted to other users. This prohibition includes, without limitation, a ban on the use of multiple email addresses (created via an email address generator or otherwise); the use of multiple IP addresses (via proxy servers, modem toggling, or otherwise); CAPTCHA circumvention, automation or outsourcing; multiple and/or fraudulent service accounts, including phone-verified accounts; URL shortening, obfuscation or redirection; use of multiple phone lines or phone forwarding for verification; and content obfuscation via HTML techniques, printing text on images, inserting random text or content "spinning."

It is expressly prohibited for any third party to post content to our sites and services on behalf of another. Users must post content only on their own behalf, and may not permit, enable, induce or encourage any third party to post content for them.

It is expressly prohibited to post content to our sites and services using any automated means. Users must post all content personally and manually through all steps of the posting process. It is also expressly prohibited for any user to develop, offer, market, sell, distribute or provide an automated means to perform any step of the posting process (in whole or in part). Any user who develops, offers, markets, sells, distributes or provides an automated means to perform any step of the posting process (in whole or in part) will be responsible and liable to us for each instance of access to our sites and services (by any user or other third party) using that automated means.

Affiliate marketing by users is expressly prohibited on our sites and services. Users may not post content or communicate with any user for purposes of affiliate marketing or in connection with any affiliate marketing system, scheme or program in any manner or under any circumstance.

Accounts

Users may access the Platform without registering for an account. For each site, a user may create, maintain and use no more than one account to post content only on his/her or its own behalf. A user must create his/her or its account personally and manually and may not create accounts by any automated means. Without limitation, this includes the obligation that the user personally and manually solves any CAPTCHA challenge in the account creation process. A user may not create or use additional accounts or any account of another and must not permit, enable, induce or encourage others to create accounts for him/her or it.

The purchase and sale of accounts and the creation of accounts for others is expressly prohibited. The circumvention of any technological restriction or security measure in the account creation process, posting process or otherwise for posting content in violation of these TOU also is expressly prohibited.

You can create an Account using specific third-party credentials like your Facebook or Google details (referred to as your "Third-Party Site Password"). During the registration or request submission process and at any time you use the Platform, you commit to supplying information that is current, accurate, and complete, as well as to update this information to maintain its accuracy and completeness.

The responsibility for safeguarding both your BMS password and, if relevant, your Third-Party Site Password, rests solely with you. You are the only one accountable for all activities that transpire on your Account. If you become aware of any unauthorized use, you must inform BMS without delay. BMS holds no liability for losses incurred by any party due to unauthorized access to your Account.

Should unauthorized use of your account occur as a result of your failure to adhere to these Terms, you will be held responsible for any subsequent losses incurred by BMS or others. Your account cannot be transferred to another party without obtaining written consent from BMS and in strict compliance with the policies and procedures of BMS.

Eligibility, Service Professional Representations, and Warranties

Only individuals who are at least 18 years old and capable of forming legally binding agreements under relevant law are allowed to access and use the Platform. When you access or utilize the Platform, you are affirming and guaranteeing that you fulfill these criteria.

Service Professionals, by using or registering on the Platform to propose, post, or provide Pro Services, assure and assert that they and their associates, such as employees, agents, suppliers, contractors, and subcontractors, possess the necessary qualifications, experience, and required licensure, certification, bonding, and insurance. These must comply with all laws or regulations in the jurisdictions where the Pro Services are offered and specific to the work being undertaken. Furthermore, Service Professionals agree to adhere to all relevant laws, like the California Consumer Privacy Act, any other pertinent privacy laws, and the Telephone Consumer Protection Act, in their usage of the Platform and any personal data obtained from it.

BMS's role is not as a seller or provider of Pro Services. It might offer home project consultations and associated on-Platform services to Consumers, but independent Service Professionals provide any Pro Services that may be requested as a result. BMS makes no representation or warranty about these services, except as explicitly stated. BMS’s facilitation of Pro Service transactions may include actions such as listing Service Professionals' profiles, enabling communication between Consumers and Service Professionals, assisting with appointment bookings, helping select a Service Professional, and processing payments. Consumers should recognize that this facilitation does not equate to a warranty regarding the Pro Services. Service Professionals must acknowledge that platform usage doesn't guarantee engagement, and Consumers must realize that they are directly soliciting Pro Services from the Service Professionals themselves.

Service Professionals are considered customers of BMS and are not identified as employees, contractors, consultants, joint venturers, partners, or agents. They are responsible for their own equipment, job selection, expertise development, other platform engagements, and work schedules. Except as specifically outlined on the Platform or in this document, BMS does not have control over or the right to dictate the services provided by a Service Professional, whether engaged by a Consumer or another individual.

Finally, BMS may acquire reports concerning Service Professionals in compliance with applicable laws, possibly including criminal convictions or sex offender registration histories. Based on the outcomes of such reports, BMS may take actions such as limiting, blocking, suspending, deactivating, or terminating a Service Professional's account, with or without notice. By being a Service Professional, you consent and authorize BMS to use your personal details, like your full name and date of birth, to acquire these reports from its vendors. Any material criminal convictions occurring after such reports must be reported to BMS by Service Professionals.

Unauthorized Access and Activities

To maintain the integrity and functionality of our sites and services for its users, access to our sites and services and/or activities related to our sites and services that are harmful to, inconsistent with or disruptive of our sites and services and/or users beneficial use and enjoyment of our sites and services are expressly unauthorized and prohibited. For example, without limitation:

Do not use someone else's Account, or provide false representations of yourself, Pro Services provided via the Platform, your identity or qualifications. Additionally, do not present misleading information about a project or other details in a quote request, or post Content in categories or areas on the Platform that are inappropriate or not relevant.
The collection of our sites and service users personal information (including but not limited to email addresses, IP addresses and telephone numbers) is not allowed for any purpose.
Any copying, aggregation, display, distribution, performance or derivative use of our sites and services or any content posted on our sites and services whether done directly or through intermediaries (including but not limited to by means of spiders, robots, crawlers, scrapers, framing, iframes or RSS feeds) is prohibited. As a limited exception, general purpose Internet search engines and noncommercial public archives will be entitled to access our sites and services without individual written agreements executed with us that specifically authorize an exception to this prohibition if, in all cases and individual instances: (a) they provide a direct hyperlink to the relevant website, service, forum or content; (b) they access our sites and services from a stable IP address using an easily identifiable agent; and (c) they comply with our robots.txt file; provided however, we may terminate this limited exception as to any search engine or public archive (or any person or entity relying on this provision to access our sites and services without their own written agreement executed with us), at any time and in our sole discretion, upon written notice, including, without limitation, by email notice.
Any access to or use of our sites and services to design, develop, test, update, operate, modify, maintain, support, market, advertise, distribute or otherwise make available any program, application or service (including, without limitation, any device, technology, product, computer program, mobile device application, website, or mechanical or personal service) that enables or provides access to, use of, operation of or interoperation with our sites and services (including, without limitation, to access content, post content, cross-post content, re-post content, respond or reply to content, verify content, transmit content, create accounts, verify accounts, use accounts, circumvent and/or automate technological security measures or restrictions, or flag content) is prohibited. This prohibition specifically applies but is not limited to software, programs, applications and services for use or operation on or by any computer and/or any electronic, wireless and/or mobile device, technology or product that exists now or in the future.
Any effort to decompile, disassemble or reverse engineer all or any part of our sites and services in order to identify, acquire, copy or emulate any source code or object code is expressly prohibited.
Any activities (including but not limited to posting voluminous content) that are inconsistent with use of our sites and services in compliance with these TOU or that may impair or interfere with the integrity, functionality, performance, usefulness, usability, signal-to-noise ratio or quality of all or any part of our sites and services in any manner are expressly prohibited.
Any attempt (whether or not successful) to engage in, or to enable, induce, encourage, cause or assist anyone else to engage in, any of the above unauthorized and prohibited access and activities is also expressly prohibited and is a violation of these TOU.
Do not engage in any actions that breach applicable laws or regulations.
Avoid taking any actions that:
- Could unduly burden the Platform's infrastructure;
- Interfere with or attempt to hinder the correct functioning of the Platform, or any third-party's ability to participate;
- Evade measures implemented to limit or bar access to the Platform;
- Bypass, disable, or in any other manner disrupt the Platform's security features;
- Spread viruses or other harmful technologies that might damage BMS or its Users;
- Utilize the Platform in a manner that infringes on any third-party's copyrights, trade secrets, or other rights, including rights related to privacy or publicity;
- Skirt or manipulate the Fee structure, the billing process, or Fees that are due.
Do not ignore a User's requests (including those conveyed by BMS on their behalf) to cease receiving phone calls, text messages, emails, or any other communications from you;
Avoid recruiting, soliciting, or contacting Service Professionals or Consumers in any manner for employment or other purposes that are not specifically intended by the Platform;
Do not advertise or solicit a Pro Service on the Platform that is unrelated or inappropriate, including, but not limited to, any Pro Service that:
- Falls outside the supported categories or offers products only;
- Provides directories or referrals;
- Engages in lending;
- Rents office space;
- Promotes events like parties or professional conventions;
- Competes directly with BMS's business;
- Operates outside the United States;
- Involves or promotes Ponzi schemes, junk mail, spam, chain letters, pyramid schemes, affiliate marketing, unsolicited commercial content, discount cards, credit counseling, online surveys, contests, raffles, prizes, bonuses, games of chance, or giveaways;
- Offers a Pro Service that is not reasonably accessible to a Consumer or other individual in their location.
Refrain from engaging in any inappropriate or unlawful actions, including submitting content to or through the Platform that may be considered harassing, hateful, illegal, obscene, defamatory, threatening, profane, or discriminatory. This includes content that supports, promotes, or encourages actions that could be viewed as criminal offenses, activities that could lead to civil liabilities, or behaviors that violate any law;
Avoid actions that might diminish the effectiveness or validity of the Platform's reviews or rating systems;
Do not fail to carry out Pro Services purchased from you as agreed, except in cases where the relevant Consumer has not fulfilled a significant term of the agreement for such Pro Services (such as refusing to pay);
Refrain from attempting to charge a Consumer for Pro Services if payment has already been made or is arranged to be made through BMS;
Do not engage in fraudulent activities, including, but not limited to, proposing to make money transfers with the intention to ask for a refund of any part of the payment or encouraging Users to send cash or use payment methods that BMS prohibits;
Avoid registering for, negotiating a price for, using, or otherwise soliciting a Pro Service with no genuine intention of utilizing or paying for the Pro Service;
Do not agree to buy a Pro Service if you fail to meet the requirements set by a Service Professional;
Refrain from creating multiple Consumer or Service Professional BMS accounts without obtaining written consent from BMS;
Avoid bypassing or attempting to bypass the payment process through the Platform when it is explicitly indicated to you as mandatory or initiated by a Consumer;

If you access our sites and services or copy, display, distribute, perform or create derivative works from our sites and services webpages or our intellectual property in violation of these TOU or for purposes inconsistent with these TOU, your access, copying, display, distribution, performance or derivative work is unauthorized. Circumvention of any technological restriction or security measure on our sites and services or any provision of these TOU that restricts content, conduct, accounts or access is expressly prohibited. For purposes of this paragraph, you agree that cached copies of our webpages on your computer or computer server constitute "copies" under the Copyright Act, 17 U.S.C. § 101. For purposes of this paragraph, you further agree that CAPTCHAs and telephone verification are "technological measures" that effectively control access to copyright-protected components and our intellectual property rights pursuant to 17 U.S.C. § 1201.

Interactions and Disputes with Others

We and our representatives are not parties to, have no involvement or interest in, make no representations or warranties as to, and have no responsibility or liability with respect to any communications, transactions, interactions, disputes or any relations whatsoever between you and any other user, person or organization ("your interactions with others"). You must conduct any necessary, appropriate, prudent or judicious investigation, inquiry, research or due diligence with respect to your interactions with others.

We aim to provide tools that enable Users to sort out these disputes on their own. However, if a rare situation arises where a conflict related to the Platform cannot be settled independently, you commit to joining a neutral resolution or mediation at BMS's request. This participation should be in good faith, and as much as you can reasonably do so, in a process led by BMS or a neutral third-party mediator or arbitrator chosen by BMS. Despite this, you acknowledge and accept that BMS has no mandatory obligation to get involved in or dictate the resolution in any disagreements between or among Users or any third party.

The sites or services may provide links to other websites and online resources. Because we have no control over such websites and resources, you acknowledge and agree that we, including our shareholders, affiliates, employees, officers, directors, agents, representatives, licensors, suppliers and service providers, (collectively, "we") are not responsible for the availability of such external websites or resources and we neither endorse nor are responsible or liable for, and make no representations or warranties regarding, the identity or trustworthiness of the third-party website or resources, including any content, advertising, products, services, or other materials on or available through such websites or resources. Other websites may provide links to our sites with or without authorization. You acknowledge and agree that we do not endorse such websites, and are not and shall not be responsible or liable for any links from those websites to our sites, any content, advertising, products or other materials available on or through such other websites, or any loss or damages incurred in connection therewith. YOUR USE OF THIRD PARTY WEBSITES AND RESOURCES, INCLUDING WITHOUT LIMITATION, YOUR USE OF ANY CONTENT, INFORMATION, DATA, ADVERTISING, PRODUCTS OR OTHER MATERIALS ON OR AVAILABLE THROUGH SUCH WEBSITES AND RESOURCES, IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS OF USE AND PRIVACY POLICY APPLICABLE TO SUCH WEBSITES AND RESOURCES. We shall have the right, at any time and in our sole discretion, to block links to our sites through technological or other means without prior notice.

Fees

In certain instances, we may charge a fee to post content or for other features, products, services or licenses. You are responsible for any fees applicable to content that you post or other features, products, services or licenses you purchase or that are purchased through your account. You authorize us or our designated payment processor to charge your specified credit card, debit card or other payment method for such fees.

Unless otherwise specified, all fees are in United States dollars and all charges will be made in United States dollars. Any applicable sales or other taxes are additional to the stated fee. Currency exchange settlements and foreign transaction fees are based on your agreement with your credit card or other payment method provider.

Except as required by law or otherwise stated on the site or in the services, all fees are nonrefundable and payments and purchases may not be canceled by the user. However, we reserve the right to refuse or terminate any purchase or attempted purchase at any time in our sole discretion.

Indemnification

You agree to indemnify and hold us and our representatives harmless from and against any third-party claim, cause of action, demand or damages related to or arising out of: (a) content that you post or transmit (including but not limited to content that a third-party deems defamatory or otherwise harmful or offensive); (b) activity that occurs through or by use of your account (including, without limitation, all content posted or transmitted and your interactions with others); (c) your use of or reliance on any user content; and (d) your violation of these TOU. This indemnification obligation includes payment of any attorneys' fees and costs incurred by us or our representatives. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you agree to cooperate with our defense of these claims.

Disclaimers

YOUR ACCESS TO, USE OF AND RELIANCE ON OUR SITES AND SERVICES AND CONTENT ACCESSED THROUGH OUR SITES AND SERVICES IS ENTIRELY AT YOUR OWN RISK. OUR SITES AND SERVICES (INCLUDING, WITHOUT LIMITATION, THE WEBSITES, PROGRAMS, SERVICES, FORUMS AND CONTENT ACCESSED THROUGH THE WEBSITES, PROGRAMS, SERVICES AND FORUMS) IS PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND.

ALL EXPRESS AND IMPLIED WARRANTIES (INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS) ARE EXPRESSLY DISCLAIMED.

WITHOUT LIMITING THE FOREGOING, WE ALSO DISCLAIM ALL WARRANTIES FOR OR WITH RESPECT TO: (A) THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY AND PERFORMANCE OF OUR SITES AND SERVICES AND CONTENT ACCESSED THROUGH OUR SITES AND SERVICES; (B) COMPUTER WORMS, VIRUSES, SPYWARE, ADWARE AND ANY OTHER MALWARE, MALICIOUS CODE OR HARMFUL CONTENT OR COMPONENTS ACCESSED, RECEIVED OR DISSEMINATED THROUGH, RELATED TO OR AS A RESULT OF OUR SITES AND SERVICES OR CONTENT ACCESSED THROUGH OUR SITES AND SERVICES; AND/OR (C) ANY TRANSACTIONS OR POTENTIAL TRANSACTIONS, GOODS OR SERVICES PROMISED OR EXCHANGED, INFORMATION OR ADVICE OFFERED OR EXCHANGED, OR OTHER CONTENT, INTERACTIONS, REPRESENTATIONS OR COMMUNICATIONS THROUGH, RELATED TO OR AS A RESULT OF USE OF OUR SITES AND SERVICES OR CONTENT ACCESSED THROUGH OUR SITES AND SERVICES (INCLUDING, WITHOUT LIMITATION, ACCESSED THROUGH ANY LINKS ON OUR SITES AND SERVICES OR IN CONTENT).

YOU ACKNOWLEDGE AND AGREE THAT BMS DOES NOT HAVE AN OBLIGATION, BUT RESERVES THE RIGHT FOR ANY REASON, TO (A) MONITOR OR REVIEW USER CONTENT; OR (B) FOR ANY PERMISSIBLE PURPOSE, CONDUCT IDENTITY VERIFICATION, BACKGROUND (INCLUDING CRIMINAL BACKGROUND) OR REGISTERED SEX OFFENDER CHECKS ON ANY USER, INCLUDING BUT NOT LIMITED TO SERVICE PROFESSIONALS AND CONSUMERS.

NOTWITHSTANDING THE PREVIOUS STATEMENTS, BMS, ALONG WITH ITS AFFILIATES AND SUBSIDIARIES, AS WELL AS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS, EXPRESSLY RENOUNCE ALL WARRANTIES. THIS INCLUDES, BUT IS NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, APPROPRIATENESS FOR A SPECIFIC USE, UNDISTURBED ENJOYMENT, OR NON-INFRINGEMENT. FURTHERMORE, ANY WARRANTIES THAT MAY HAVE DEVELOPED THROUGH REGULAR CONDUCT, DEALING, OR TRADE USAGE; ANY PROMISES, GUARANTEES, OR ASSERTIONS RELATED TO THIS PLATFORM OR THE PRO SERVICES PROVIDED ON OR VIA THIS PLATFORM; AND ANY WARRANTIES CONCERNING THE INTEGRITY, RELEVANCE, VERACITY, PRECISION, OR COMPREHENSIVENESS OF ANY DATA OR MATERIAL ON THE PLATFORM, INCLUDING ALL COLLECTIVE CONTENT, ARE EXPLICITLY DISCLAIMED. BMS DOES NOT GUARANTEE THAT THE PLATFORM OR PROFESSIONAL SERVICES (PRO SERVICES) WILL ALIGN WITH YOUR SPECIFIC NEEDS, NOR WILL THEY BE UNINTERRUPTED, SECURE, OR WITHOUT ERRORS. NO RESPONSIBILITY IS ASSUMED BY BMS FOR ANY HARM TO YOUR COMPUTER OR OTHER POSSESSIONS RESULTING FROM YOUR USE OF THE PLATFORM. FURTHERMORE, BMS WILL NOT BE HELD ACCOUNTABLE FOR ANY LOSS OR HARM OF ANY SORT STEMMING FROM THE UTILIZATION OF ANY DATA, CONTENT, OR MATERIALS MADE AVAILABLE VIA THE PLATFORM. THIS INCLUDES DEFAMATORY, OFFENSIVE, OR ILLEGAL BEHAVIOR BY THIRD PARTIES. NO ASSURANCE IS GIVEN, AND NOTHING SAID OR WRITTEN BY BMS OR THROUGH THE PLATFORM WILL ESTABLISH A WARRANTY NOT CLEARLY STATED HEREIN.

AS A USER OF THE PLATFORM, YOU ARE EXCLUSIVELY RESPONSIBLE FOR ALL COMMUNICATIONS AND ENGAGEMENTS WITH OTHER USERS OR PEOPLE YOU COME INTO CONTACT WITH AS A RESULT OF USING THE PLATFORM. THIS RESPONSIBILITY ENCOMPASSES INTERACTIONS WITH CONSUMERS, SERVICE PROFESSIONALS, OR RECIPIENTS OF SERVICES. BMS NEITHER ATTEMPTS TO AUTHENTICATE THE STATEMENTS OF PLATFORM USERS NOR SCRUTINIZES OR EVALUATES ANY PRO SERVICES. THERE ARE NO WARRANTIES OR REPRESENTATIONS MADE BY BMS CONCERNING THE BEHAVIOR OF PLATFORM USERS OR THEIR COMPATIBILITY WITH CURRENT OR FUTURE USERS. IF YOU CHOOSE TO MEET IN PERSON OR OFFLINE, OR IF YOU PROVIDE OR RECEIVE PRO SERVICES, YOU AGREE TO EXERCISE REASONABLE CARE IN ALL DEALINGS AND COMMUNICATIONS WITH OTHER PLATFORM USERS AND INDIVIDUALS. BMS CATEGORICALLY RENOUNCES ALL LIABILITY FOR ANY ACTS OR FAILURES BY ANY USERS OR THIRD PARTIES.

LASTLY, BMS MAY GIVE PHONE NUMBERS AND EMAILS PROVIDED BY CONSUMERS TO SERVICE PROFESSIONALS IN RELATION TO A REQUEST. HOWEVER, THESE NUMBERS ARE UNVERIFIED, AND BMS DOES NOT ASSURE OR REPRESENT THEIR ACCURACY.

THESE DISCLAIMERS WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. Some jurisdictions do not allow disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers as to implied warranties may not apply.

Limitations of Liability

YOU RECOGNIZE AND CONSENT THAT, IN ACCORDANCE WITH THE FULLEST EXTENT ALLOWED BY LAW, ANY RISKS STEMMING FROM YOUR INTERACTION WITH AND UTILIZATION OF THE PLATFORM AND COLLECTIVE CONTENT, AS WELL AS YOUR ENGAGEMENT IN OFFERING OR RECEIVING PRO SERVICES VIA THE PLATFORM OR YOUR REQUESTS FOR SUCH SERVICES, AND ANY CONTACT YOU MAY HAVE WITH OTHER BMS USERS OR THIRD-PARTIES, WHETHER ONLINE OR IN PERSON, ARE ENTIRELY YOUR RESPONSIBILITY. WE AND OUR REPRESENTATIVES WILL UNDER NO CIRCUMSTANCES BE LIABLE FOR ANY ACCESS TO, USE OF OR RELIANCE ON OUR SITES AND SERVICES OR CONTENT ACCESSED THROUGH OUR SITES AND SERVICES BY YOU OR ANYONE ELSE, OR FOR ANY TRANSACTIONS, COMMUNICATIONS, INTERACTIONS, DISPUTES OR RELATIONS BETWEEN YOU AND ANY OTHER PERSON OR ORGANIZATION ARISING OUT OF OR RELATED TO OUR SITES AND SERVICES OR CONTENT ACCESSED THROUGH OUR SITES AND SERVICES, INCLUDING BUT NOT LIMITED TO LIABILITY FOR INJUNCTIVE RELIEF AS WELL AS FOR ANY HARM, INJURY, LOSS OR DAMAGES OF ANY KIND INCURRED BY YOU OR ANYONE ELSE (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, STATUTORY, EXEMPLARY OR PUNITIVE DAMAGES, EVEN IF WE OR OUR REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). THIS LIMITATION OF LIABILITY APPLIES REGARDLESS OF, BUT IS NOT RESTRICTED TO, WHETHER THE ALLEGED LIABILITY, HARM, INJURY, LOSS OR DAMAGES AROSE FROM AUTHORIZED OR UNAUTHORIZED ACCESS TO OR USE OF OUR SITES AND SERVICES OR CONTENT ACCESSED THROUGH OUR SITES AND SERVICES; ANY INABILITY TO ACCESS OR USE OUR SITES AND SERVICES OR CONTENT ACCESSED THROUGH OUR SITES AND SERVICES, OR ANY REMOVAL, DELETION, LIMITATION, MODIFICATION, INTERRUPTION, SUSPENSION, DISCONTINUANCE OR TERMINATION OF OUR SITES AND SERVICES OR CONTENT ACCESSED THROUGH OUR SITES AND SERVICES. NOTHING IN THESE TOU WILL AFFECT THE STATUTORY RIGHTS OF ANY CONSUMER.

THESE LIMITATIONS WILL ALSO APPLY WITH RESPECT TO DAMAGES RESULTING FROM ANY TRANSACTIONS OR POTENTIAL TRANSACTIONS, GOODS OR SERVICES PROMISED OR EXCHANGED, INFORMATION OR ADVICE OFFERED OR EXCHANGED, OR OTHER CONTENT, INTERACTIONS, REPRESENTATIONS, COMMUNICATIONS OR RELATIONS THROUGH, RELATED TO OR AS A RESULT OF OUR SITES AND SERVICES OR CONTENT ACCESSED THROUGH OUR SITES AND SERVICES (INCLUDING, WITHOUT LIMITATION, ANY LINKS ON OUR SITES AND SERVICES AND LINKS IN CONTENT ACCESSED THROUGH OUR SITES AND SERVICES).

IN NO EVENT WILL OUR OR OUR REPRESENTATIVES LIABILITY IN CONNECTION WITH ACCESS TO, USE OF OR RELIANCE ON OUR SITES AND SERVICES OR CONTENT ACCESSED THROUGH OUR SITES AND SERVICES BY YOU EXCEED THE AMOUNTS PAID BY YOU TO US, IF ANY. TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT WILL NOT EXCEED THE AMOUNTS PAID BY YOU DURING THE SIX (6) MONTHS PRECEDING THE BRINGING OF ANY CLAIM, OR FIVE HUNDRED DOLLARS ($500.00), WHICHEVER IS LESS. YOU ACKNOWLEDGE AND AGREE THAT IF YOU HAVE NOT PAID PROVIDER ANY AMOUNTS IN THE SIX (6) MONTHS PRECEDING THE BRINGING OF ANY CLAIM, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE IS TO STOP USING OUR SITES AND SERVICES AND TO CANCEL YOUR ACCOUNT, IF ANY.

You hereby release us and each of our representatives, and their respective subsidiaries, affiliates, successors, predecessors, assigns, heirs, service providers and suppliers, from all claims, demands and damages of every kind and nature, known and unknown, direct and indirect, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to our sites and services or content accessed through our sites and services, or any interactions with others arising out of or related to our sites and services or content accessed through our sites and services, and you expressly waive the provisions of California Civil Code Section 1542 (and any similar laws in other jurisdictions), which provides: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor."

THESE LIMITATIONS WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.

Injunctive Relief

You acknowledge and agree that any violation or breach of these TOU may cause us immediate and irreparable harm and damages. Consequently, notwithstanding any other provision of these TOU or other applicable legal requirements, we have the right to, and may in our discretion, immediately obtain preliminary injunctive relief (including, without limitation, temporary restraining orders) and seek permanent injunctive relief regarding any violation or breach of these TOU. In addition to any and all other remedies available to us in law or in equity, we may seek specific performance of any term in these TOU, including but not limited to by preliminary or permanent injunction.

Release of Information

Our Privacy Policy prohibits the release of user or account information except in limited circumstances, including with express permission from the user, as and when required or permitted by law, or to comply with legal process properly served on us. If you seek the identity or account information of a user of our sites and services in connection with a civil legal matter, you must serve us with a valid subpoena.

We reserve the right to disclose any personal information about you or your use of our sites and services, including its contents, without your prior permission if we have a good faith belief that such action is necessary to: (1) conform to legal requirements or comply with legal process; (2) protect and defend our rights and property or our affiliated companies; (3) enforce these TOU; or (4) act to protect the interests of our users or others. Our performance of these TOU is subject to existing laws and legal process, and nothing contained in this TOU is in derogation of our right to comply with governmental, court and law enforcement requests or requirements relating to your use of our sites and services or information provided to or gathered by us with respect to such use.

Notice to Users; Response Time; User Objections: Upon receipt of a valid civil subpoena, we will promptly notify the user whose information is sought via email. If circumstances do not amount to an emergency, we will not immediately produce the user information sought by the subpoena and will provide the user an opportunity to move to quash the subpoena in court. Users should consult with an attorney should they object to the disclosure of their information. We will disclose the information requested by the subpoena or legal request unless we receive a copy of a request for court order that we not do so no later than noon on the day that is two days before our compliance with the request is due.

Privacy

We have established a privacy policy covering the collection, use, and disclosure of user information, which can be found here.

Free and Paid Services

We offer a mix of free and paid services. For paid services, we can process payments through your linked debit or credit card, or directly from your transaction proceeds, BMS-account balance, or linked bank account.

If there are changes to our subscription fees, we'll notify you 30 days in advance. You have the option to cancel your subscription at any time.

BMS provides both free Services, which do not incur additional fees ("Free Services"), and paid-for Services ("Paid Services"). Our Paid Services include those that require payment on a recurring basis ("Subscription Services") and others that are billed based on usage ("A La Carte Services"). When you sign up for a Subscription Service, including after any trial period, you agree to pay the recurring subscription fee along with any applicable taxes ("Subscription Fee"). A La Carte Services are billed based on usage or volume, and by using them, you agree to pay the fees and taxes incurred at the time of service ("A La Carte Fees"). Together, these are referred to as "Paid Service Fees." For further details, please refer to our Payment Terms.

Generally, Paid Service Fees can be settled via debit or credit card, or deducted from your transaction proceeds. Note, however, that payments for hardware-related services can only be made through debit or credit card. By linking a debit or credit card to your account, you authorize us to collect any Paid Service Fees by charging your card or deducting them from your account. We also reserve the right to collect Paid Service Fees by drawing from your transaction proceeds, your account balance, or a linked bank account.

Subscription Fees are typically charged on the first of every month until the subscription is canceled, which you can do at any time via your BMS Account settings. If you cancel, you'll retain access to the Subscription Service until the end of the current billing period, but you won't receive a refund for any charges already incurred. We may modify our Subscription Fee with thirty days' advance notice. Your continued use of the Subscription Services following such notice will indicate your acceptance of the new fee structure.

Taxes

You are responsible for your own taxes. However, under certain laws, we may need to charge, remit, or report taxes related to Paid Services and provide specific information about you to tax authorities like the IRS.

The term "Tax" and "Taxes" refer to all current and future taxes, charges, fees, levies, or other assessments, including, but not limited to, income, telecommunications, value-added, goods and services taxes, stamp taxes or duties, and various other forms including excise, property, sales, withholding, and payroll taxes, imposed by any tax authority, domestic or foreign. This includes any penalties, interest, or additions related to these taxes.

Unless explicitly stated, all fees for Paid Services do not include any Taxes. You are responsible for identifying, calculating, collecting, and remitting all necessary Taxes related to your use of our Services. This responsibility extends to determining whether Taxes apply to your transactions, registering with the appropriate tax authorities where required, and handling all related tax obligations.

BMS disclaims any liability for such Taxes, and you agree to indemnify, defend, and hold BMS harmless against any such Taxes and associated costs. It's important to note that we are not considered a marketplace facilitator or provider under any relevant tax laws, and you agree not to treat us as such in any tax filings or assessments.

In cases where we are required by law to charge Taxes on our Services, you must pay these unless you provide us with sufficient documentation to prove that you are exempt. Failure to provide accurate exemption documentation may result in your being liable for these Taxes, and you agree to indemnify and defend BMS against any claims by tax authorities for incorrect or uncollected Taxes due to your failure to provide necessary documentation.

BMS may need to report certain tax information to authorities or provide it to you based on your usage of the Services. You must provide necessary information for such reporting upon request and update it as required by law or during tax audits.

BMS may deduct any applicable withholding Taxes or other Taxes from payments to you as required by law and remit these to the relevant tax authority on your behalf. Any such deducted amounts will be considered as paid to you for all intents and purposes under these Terms.

Please be aware that BMS does not provide tax advice. For tax-related questions or issues concerning the Services or these Terms, you should consult with your own tax or legal advisor.

Marketplace Budget and fees

BMS's Platform imposes Fees in relation to its use.

For obtaining specific services on the Platform, including receiving contacts, bookings, or payments from Consumers or others, Service Professionals may pay Fees to BMS. If Consumers or other individuals contact or book you about a Pro Service that aligns with your targeting preferences, BMS will automatically charge the payment method stored on your account. Fees might also be charged to your stored payment method or deducted from your BMS balance for other reasons, such as cancellation fees or specific services based on prior agreements. Fees can also be subtracted from the total amount that a Consumer pays for a particular Pro Service. You must keep at least one valid payment method on file to use BMS, in accordance with our Stored Payment Terms and Conditions. You may also need to establish a weekly spending limit or Budget, as detailed below, and except as specified in our Refund Policy, all sales and Fees are final and non-refundable on BMS.

As a Service Professional, BMS may mandate that you establish one or more weekly spending limits (referred to as "Budgets") for specific Fees over a certain time frame ("Budget Period"). The types of leads or Fees that apply to your Budget will be made known to you when you set it. BMS may charge your stored payment method beyond your Budget for Fees not included in your Budget or if you permit BMS to do so. Your Budget isn’t a subscription and isn’t charged upfront. You'll be charged Fees, and the ones covered by a Budget will not go over your stated Budget without your consent. Although BMS may provide an estimate of the number of Consumers who might contact you, there are no guarantees, and actual outcomes may differ.

The duration of the Budget Period is identified when you set your Budget. It remains the same within that Budget Period but can be altered for future ones. If the length changes, you can adjust your Budget, or BMS will automatically do it for you. For example, a one-week $50 Budget will be automatically adjusted to $100 for a two-week period if you don't manually change it. Changes can be made to your Budget at any time, even mid-Budget Period, and if you don't alter it prior to the next Budget Period, the existing one will automatically carry over.

For Service Professionals using BMS, charges can happen at various points:

If You Are New to BMS: If you lack sufficient purchasing history, your payment method will be charged every time a Consumer contacts or books you and your BMS balance isn't sufficient.

If You Have a Sufficient Purchasing History: BMS may periodically charge your payment method for total Fees when you are contacted by Consumers. BMS might adjust the frequency of charges, which may not align with the Budget Period.

There might also be services with different payment timings.

For typical charges, BMS will try the default payment method first. If unsuccessful, BMS may attempt other associated payment methods. If details change, your provider may update us, and we may use the new information to prevent Pro Services interruption.

Penalty Fees might be charged by BMS for issues like fraud, misconduct, late payment, or other Term violations. Some penalty Fees, like cancellation Fees, are also disclosed directly in the Platform.

Regardless of an active Account, you must pay all applicable Fees. If unpaid, BMS has the right to recover payment and possibly terminate or suspend your Account. Any communication about unpaid Fees will be electronic.

Taxes might be exclusive of the required payments by these Terms. Some jurisdictions might require us to collect Taxes in connection with the Pro Services, which you will bear. BMS can determine your tax jurisdiction as needed, and you will pay taxes to BMS if they are included in an invoice. You also understand that you are responsible for your tax obligations and must consult your own tax advisers, as we don't provide specific tax advice to either Service Professionals or Consumers.

Stored payment terms

When you supply BMS with your payment method information, you are giving consent to BMS to keep this information as your "Stored Payment Method." The complete and full terms of the "BMS Agreements," which include BMS's Terms of Use and Privacy Policy, are applicable to these Terms and Conditions. The BMS Agreements, or any other agreement you have made with BMS, will dictate how your Stored Payment Method is used, stored, and disclosed. Any terms that are not defined in this context will have the meanings that are ascribed to them in the BMS Agreements.

Your agreement with BMS regarding the Stored Payment Method remains in effect indefinitely unless you ask for the deletion of this information. If you request the removal of your Stored Payment Method, you will not be able to pay for Pro Services or appear in the search results for Pro Services on BMS since all Service Professionals must have a Stored Payment Method on their accounts to utilize BMS. The only exception to this would be if you choose to add a new payment method to your account.

Advertising and Ads

"BMS Advertising" or "BMS Ads" refers to a continuous advertising subscription that places you at the forefront of BMS's directory pages, promotes you in search engines and social networks, and is available on some sites. When consumers look for Service Professionals, explore questions asked by other consumers, or read professional articles authored by Service Professionals, your advertisement appears at the top. We may also advertise your business in Google, Facebook, and other major ad platforms. BMS Advertising may provide options for personalizing your ad message, displaying various ways to contact you, and showcasing profile details not shown in BMS's standard directory listings.

A tracking phone number may be allocated by BMS to your BMS Advertising to monitor your analytics.

Your BMS Advertising will be highlighted for inquiries that align with the practice areas and locations you've agreed to. The geographic position is defined by the location entered during the search and/or any available geographic information from where the search started.

We make every effort to fulfill the demand for BMS Advertising, but there might be occasions when advertising in your region is fully booked. In such cases, your subscription will be backordered until space opens up, and we will process backorders on a first-come, first-served principle. This backordered subscription will reserve your spot in the advertising queue, and your BMS Advertising subscription fee will only be charged once your subscription is active.

Authorization for Advertising

While your subscription is active, you authorize us to advertise on behalf of your business on Google, Facebook, and other advertising platforms. We reserve the right to use your business name, logo, photos, and any other information about your business obtained from your profile in our advertisements. This authorization is required to efficiently drive customers to your business. You agree to not hold us liable for any claims, damages, or losses resulting from or related to such advertisements.

Implied Warranties

To the maximum extent permitted by law and except for the express warranties in this section, BMS LLC. provides our services on an "as-is" basis. BMS LLC. disclaims and makes no other representation or warranty of any kind, whether express, implied, or statutory, including but not limited to warranties of merchantability, title, non-infringement, accuracy, absence of omissions, completeness, currentness, delays, or fitness for a particular purpose. Neither BMS LLC. nor its affiliates or agents warrant that the results obtained from the use of the Subscriptions will meet your requirements, be uninterrupted, timely, secure, or error-free.

Bookings, Appointments, and Orders

These Terms of Service govern each booking made through the BMS Platform, including online booking services or ordering products.

Please review these Terms of Service carefully before using the BMS Appointment Services. We retain the right to modify these Terms of Service periodically by updating them on this page. Any alterations will be applicable to your subsequent Appointment/Order, so it's advisable to check this page frequently. If you disagree with any changes, refrain from making an Appointment/Order.

To the fullest extent allowed by law, BMS assumes no liability or responsibility for the quality, safety, or delivery of the products or services provided through the BMS Booking Services or BMS Store. The responsibility for the services offered to clients rests solely with the Partner. Further details regarding BMS 's liability towards the Partner are outlined in the Indemnity section of this Agreement.

When capitalized words or phrases are used in these Terms of Service, they carry specific meanings:

"Appointment": Refers to any booking for one or more services from a Partner made through the BMS Platform, including updates, rescheduling, or cancellations.
"Cancellation Policy": Specifies the conditions under which a Partner may charge a fee for a canceled Appointment, as outlined in the Partner Terms of Sale.
"Client" and "you": Denotes the user of the BMS Services or the purchaser of any Partner Services.
"Confirmation": Refers to a written confirmation provided to you regarding an Appointment or Order, delivered via email or the BMS Platform.
"Deposit Policy": Outlines the conditions under which a Partner may request the purchase of a Partner Credit at the time of making an Appointment.
"BMS Account": Refers to an account created on the BMS Platform containing personal information, Appointment and order history, and contact details.
"BMS Appointment Services": Encompasses all appointment booking services provided through the BMS Platform, including creating, updating, rescheduling, and canceling appointments.
"BMS Payment Services": Denotes the online and in-app payment facility available for select Partners on the BMS Platform.
"BMS Platform": Includes the BMS website, mobile application, and web interface owned and provided by BMS.
"BMS Services": Encompasses all information, recommendations, and/or services provided by BMS through the BMS Platform, including the BMS Platform itself, BMS Appointment Services, BMS Payment Services, and Partner Profiles.
"No Show Policy": Outlines the conditions under which a Partner may charge a fee for a client failing to show up for a scheduled Appointment.
"Order": Denotes any orders for products from a Partner through their store on the BMS Platform.
"Partner Contract": Refers to any contract between you and the relevant Partner for their Partner Services booked through the BMS Platform.
"Partner Credit": Represents a credit purchased by the Client via the BMS Services for the purpose of providing pre-payment to a Partner for a Partner Service.
"Partner Profile": Refers to a Partner's webpage(s) on the BMS Platform containing information about their Partner Services.
"Partner Services": Denotes any products, goods, and/or services offered for purchase or booking by a Partner on the BMS Platform.
"Partner Terms of Sale": Include the date, time, price, Partner Services, discounts, location, and any other terms and conditions provided through the BMS Platform at the time an Appointment is made by the Client.
"Partner Voucher": Represents a voucher issued by the Partner via the BMS Platform, entitling the voucher holder to receive a Partner offer from the Partner, subject to any Partner Contract.
"Partner": Denotes a selected third-party provider of goods and services offering their goods and services for sale on the BMS Platform.
"Pay In-Store Service": Refers to a service where an Appointment/Order is made on the BMS Platform, but payment is made at the Partner's premises.
"Payment Processor": Represents third-party payment processors supporting BMS with the provision of the BMS Payment Services.
"Promo Codes": Refers to promotional codes issued by a Partner for use when purchasing Partner Services, subject to relevant promotion terms.

Our services

BMS operates as a platform connecting users like you with our Partners who offer various products and services. Through the BMS Platform, you can schedule Appointments for Partner Services or place Orders for Products directly. It's important to note that BMS doesn't own or operate any Partner establishments, provide Partner Services, or fulfill Orders for Products.

When you use the BMS Services, you're entering into a contract with BMS. However, your contract for the Partner Services is solely between you and the Partner offering those services.

BMS serves as an intermediary, facilitating the arrangement and conclusion of your Appointments/Orders with our Partners. When you make a payment for an Appointment/Order through the BMS Platform, we receive the payment as a commercial agent on behalf of the respective Partner. This payment discharge your debt to the Partner for that particular Appointment/Order. Please note that this arrangement doesn't apply to any Pay In-Store Service where payment is made directly at the Partner's premises.

When you use the BMS Platform to book or order any Partner Services or Products, you're also entering into a contract directly with the relevant Partner, which includes adhering to any Partner Terms of Sale.

Our partners' services

The Partner's provision of Partner Services and fulfillment of any Appointments/Orders are governed by the Partner Contract you establish with them. BMS is not a party to this contract between you and the Partner.

Our Partners are obligated to deliver Partner Services as outlined in the applicable Partner Contract, including any Partner Terms of Sale. We require Partners to ensure that all information provided on the BMS Platform is accurate, complete, and not misleading. However, we cannot independently verify the information provided by Partners. It's the responsibility of each Partner to ensure that their listed Partner Services are available and accurately described. Please note that the descriptions and/or images of Partner Services on the BMS Platform are for illustrative purposes only, and actual services may vary.

As a consumer, you have legal rights concerning services that are not performed with reasonable care and skill or are not as described. These rights are protected by consumer protection laws. If you have concerns about the services you receive from a Partner, you may seek advice from your local Citizens' Advice Bureau or trading standards office. These legal rights are in addition to any rights or protections provided by these Terms of Service and will not be affected by them.

Using the booking platform

To use the BMS Platform for making Appointments/Orders, you have the option to check out as a guest or create a BMS Account by signing up and providing certain information such as your name, mobile telephone number, payment details, and a password of your choice.

It's essential to provide accurate and complete information to BMS and keep it updated through the BMS Platform. We may verify the information you provide and reserve the right to refuse the use of BMS Services or the BMS Platform if inaccurate or incomplete information is provided, without specifying reasons.

Here are some tips to make the most of your experience with BMS:

Contact Partners directly: Each Partner Profile includes their contact information, enabling you to communicate directly with them. You can also reach out to our support team.
Read the Partner Contract: Partners may have specific terms regarding deposits, cancellations, refunds, taxes, or other matters. Look for links to these terms on the Partner Profile and read them carefully.
Check out safely: Our BMS Payment Services are designed to ensure a secure online payment experience. Look for the "https://" at the beginning of the checkout link to confirm its security.
Research independently: Check reviews on BMS and other trusted review sites to gauge the quality of a Partner's products or services.

It's your responsibility (or the recipient's responsibility) to communicate any medical or health-related conditions or special needs to the Partner that may affect or be affected by the Partner Services. This includes providing allergy information and other health details. Failure to disclose such information may result in neither BMS nor the Partner being liable for any resulting injury, loss, or damages that could have been avoided with proper disclosure.

In connection with your use of BMS Services, we may send you electronic service messages for various reasons, including security purposes and updates related to your Appointments/Orders. By using BMS Services, you consent to receive automated text messages from BMS and its Partners at the phone number you provided during registration. These messages may include promotional content and information about your account and Appointments/Orders. You can manage your preferences for receiving automated messages within your personal profile settings.

For more information on how we handle your personal information and about promotional and marketing messages, please refer to our Privacy Policy.

How to make an appointment / order

The BMS Platform allows you to browse and select the Partner Services you wish to receive and proceed to make an Appointment/Order for those services. Before confirming your Appointment/Order, you have the opportunity to review and correct any errors. We ensure that any relevant Partner Terms of Sale, including Deposit Policy, Cancellation Policy, or No Show Policy, are disclosed to you before you confirm your Appointment/Order. It's important to carefully review all details of your Appointment/Order and any applicable Partner Terms of Sale before confirming.

Once you make an Appointment/Order, we, acting as the commercial agent of the Partner, will forward your request to the Partner. The formation of the Partner Contract occurs when we send you a Confirmation. Please note that all Partner Services listed on the BMS Platform are subject to availability, and we reserve the right to accept or reject each Appointment/Order on behalf of the Partner. Your Confirmation serves as a receipt from BMS and will be sent to the contact information provided in your BMS Account, either via email or SMS, upon confirming an Appointment/Order. If you require a tax receipt, you must contact the Partner directly for assistance.

When you schedule an appointment, it's essential to arrive at the Partner's place of business as indicated in the Partner Terms of Sale in order to receive the Partner Services.

Vouchers issued by our Partners

Partners have the option to issue Partner Vouchers that can be redeemed for Partner Services, or they may offer you the opportunity to purchase Partner Vouchers for later use. The availability and terms of these Partner Vouchers are determined by the Partner.

If you choose to purchase a Partner Voucher, you will be subject to any Partner Terms of Sale provided to you at the time of purchase. The provision and redemption of Partner Vouchers are governed by the Partner Contract, including any specific terms outlined in the Partner Terms of Sale. It's important to note that BMS is not a party to the Partner Contract between you and the Partner, and therefore, we are not responsible for Partner Vouchers.

Unless otherwise specified in the offer terms, the Partner reserves the right to withdraw or modify any offer at any time, except in cases where you have already placed an order for an Appointment/Order based on the offer and we have sent a confirmation notice.

Promo codes issued by our Partners

Partners have the discretion to issue Promo Codes, which can be used by clients when purchasing Partner Services. However, Partners reserve the right to withdraw Promo Codes at any time, especially if they are used fraudulently, cause technical issues, or are tampered with.

If a Promo Code is designated as personal to you, it should not be shared with any third party. However, if Promo Codes are made publicly available, you are permitted to share them with third parties. Should the Partner or BMS reasonably believe that a Promo Code has been shared or misused, they reserve the right to cancel such Promo Codes.

It's important to note that the Partner sets the terms of any Promo Codes and is responsible for fulfilling the Partner Services associated with them. BMS does not assume responsibility for any Promo Codes issued by our Partners.

Paying for a Partner service

Prices for Appointments and Orders are displayed on the BMS Platform, including any delivery or processing charges. However, the final price for an Appointment may be adjusted to include additional goods or services purchased from the Partner at the time of receiving the Partner Services. Partners may also offer discounts, which will be reflected in the final amount payable.

If you choose to tip the Partner for your Appointment, you'll be given the option to do so via a notification on the BMS Platform following your Appointment. Tipping is entirely at your discretion and is in addition to the purchase price for the Appointment. BMS collects payment on behalf of the Partner, and the tips are considered a direct payment from you to the Partner. Your name will be shared with the Partner when the tip is notified. The Partner will receive 100% of any tip payment you choose to make, subject to payment processing fees.

When making payments for Partner services, you agree to provide BMS with a valid payment method and to pay for all Partner Services purchased. Payment can be made via the BMS Payment Services or directly with the Partner as a Pay In-Store Service.

If you use the BMS Payment Services, BMS will charge you on behalf of the Partner for the total amount of your Appointment/Order, including taxes and additional fees. Your payment to BMS discharges your debt to the Partner for the relevant Appointment/Order. Currency conversion costs or other charges incurred are borne by you in addition to the payment made to BMS.

Alternatively, you may choose the Pay In-Store Service option, where you make an Appointment/Order without using BMS Payment Services and pay the Partner directly. The Partner may have the option to charge your payment method saved to the BMS Account at checkout for Pay In-Store Services. This option is available based on the Partner's preferences and may not be offered by all Partners.

BMS utilizes a third-party payment processor (the "Payment Processor") to link the payment card you provide to the BMS Platform. The processing of payments or credits related to your use of the BMS Platform is subject to the privacy policies, terms and conditions, and other terms of the Payment Processor and your credit card issuer, in addition to these Terms of Service.

While BMS takes reasonable care to ensure the availability and functionality of the BMS Payment Services, we cannot guarantee continuous, uninterrupted, or secure access to these services, nor can we guarantee that the facility is free from viruses or errors. BMS is not responsible for any errors made by the Payment Processor. Occasionally, access to Payment Processing may be restricted for repairs, maintenance, or the introduction of new facilities or services. We will endeavor to provide reasonable notice of any scheduled interruptions and restore the facility as soon as possible.

The Partner is responsible for any indirect taxes, such as sales tax, VAT, GST, or service tax, on the total value of an Appointment/Order, including any adjustments for additional goods or services sold or discounts applied. Apart from VAT or other applicable sales taxes included in the price shown on the BMS Platform, BMS does not charge taxes on Orders, as the Partner Services are provided by the Partner. If you order through the BMS Platform, we will provide a tax invoice. If you order directly from a Partner, the Partner will provide a tax invoice upon request.

All Products in an Order are subject to taxes, with the highest applicable Product tax applied for shipping, if relevant. If Products within an Order have different tax rates, the highest tax rate will apply to all Products in that Order.

Appointment changes and cancellations

If you need to reschedule your Appointment after receiving a Confirmation, you can do so through the BMS Platform or by contacting the Partner directly. However, rescheduling may only be possible within a timeframe specified by the Partner in their Terms of Sale, which will be disclosed to you at the time of booking. Please review the Cancellation Policy before confirming your Appointment, as it may affect your ability to reschedule. Keep in mind that rescheduling is subject to the Partner's availability.

Partners may require a deposit, known as Partner Credits, to confirm your Appointment. This deposit can be up to 100% of the Appointment's value and is governed by the Partner Contract, including any Deposit Policy. Before completing the Appointment, we recommend reviewing the Partner Contract to understand any deposit requirements. Please note that deposits may be non-refundable, and BMS is not liable for any deposits made to a Partner.

If you need to cancel your Appointment, you can do so through the BMS Platform or by contacting the Partner directly. However, cancellation through the BMS Platform is only possible if it falls outside the timeframe specified by the Partner in their Terms of Sale. The timeframe for cancellation will vary depending on the Partner and will be disclosed to you when you make your Appointment.

Partners may have a Cancellation Policy in place, which will be presented to you at the time of booking. If a Cancellation Policy is in effect, BMS may charge your card according to the Partner's terms, which could be up to the full amount of the Appointment. If you cancel beyond the specified timeframe in the Partner's Cancellation Policy, you may not be entitled to any refund unless agreed upon directly with the Partner.

Additionally, Partners may have a No Show Policy. If you fail to attend your Appointment without notice, the Partner may choose to enforce their No Show Policy, resulting in a charge of up to the full amount of the Appointment to your card.

Please note that no refund will be provided if a cancellation is attempted within the timeframe specified by the Partner's Cancellation Policy.

Product refunds and cancellations

When you purchase products from our Partners through the BMS Platform, you are buying directly from the Partner, not from BMS. Our Partners are responsible for all aspects of the sale, including marketing, advertising, delivery, and any post-sale support.

If you encounter any issues with a product, such as dissatisfaction, defects, or delays, you should contact the Partner who sold the product directly. Below, we outline the cancellation and refund policies provided by Partners as a minimum standard.

Product Delivery:

Your order will be fulfilled within the delivery date specified in the Confirmation or, if not specified, within 30 days from the Confirmation date, unless exceptional circumstances arise.
Delivery will be made to the address you provide when placing your order. Please note that PO Box addresses are not accepted for delivery.
Partners determine the countries and addresses to which they will ship products.
When ordering products for delivery outside the Partner's country, customs or import duties may apply upon delivery. You are responsible for paying any such duties and taxes.
Customs authorities may inspect and open packages, and products may be subject to additional charges upon arrival at the destination. BMS cannot predict these charges, so it's advisable to check with your local customs office before placing an order.
You must comply with all laws and regulations of the destination country for the ordered products. BMS is not liable for any breaches of these laws.

Please note that the terms and conditions for product delivery may vary depending on the Partner.

Faulty products

If any product you order arrives damaged or faulty, the Partner may offer options such as repair, exchange, or refund, in accordance with your legal rights. If you believe a product was delivered in a damaged or faulty condition, you must notify the Partner in writing, providing details such as your name, delivery address, and order reference. It's important to note that this process does not affect your legal rights.

If you need assistance with a product order, please direct your inquiries to the relevant Partner who supplied the product. You can find the contact details for each Partner in the Confirmation or their Partner Profile within the BMS Platform. They will be able to assist you further with any questions or concerns you may have about your product order.

Restrictions on access

BMS retains the right to partially or fully restrict your access to the BMS Services or BMS Platform under certain circumstances, including but not limited to:

A history of numerous canceled appointments, no-shows, refunds, chargebacks, or other negative transactions that impact the experience of our Partners.
Failure to pass any credit or fraud prevention check conducted by the BMS Payment Services.
Reasonable suspicion of fraud or money laundering involving you or someone using your BMS Account.
Reasonable suspicion of compromised security regarding your BMS Account.
Inappropriate, abusive, or offensive behavior towards BMS staff, employees of Partners, whether via phone, email, BMS Platform communications, or in-person interactions at Partner premises, or violation of our Terms of Use.
Breach of other terms outlined in these Terms of Service, including commitments made to us.
Reasonable belief, at our sole discretion, that your actions are negatively impacting the quality of BMS Services.

Additionally, since Partner Services are sold by our Partners and not directly by BMS, Partners may impose additional restrictions on who can purchase and book their services. These restrictions may include:

Limiting access to their Partner Profile.
Preventing you from booking appointments or ordering Partner Services they offer.
Otherwise limiting your ability to engage with them on the BMS Platform.

These restrictions are determined solely by the Partners, and BMS cannot override them to grant access to Partner Services.

Liability

Where BMS has been negligent or breached a contractual obligation to you, we will be liable for any foreseeable loss or damage you suffer as a result. Loss or damage is considered foreseeable if it is an obvious consequence of our negligence or breach of contract, or if you and we would have reasonably anticipated it at the time you accepted these Terms of Service.

However, we do not accept liability for certain types of loss, even if they result from breach of contract, negligence, or other legal grounds. These types of loss include:

Loss of income or revenue
Loss of business
Loss of profits
Loss of anticipated savings
Waste of management or office time

It's important to understand that we are not liable to you for the provision or non-provision of Partner Services and/or Products. The Partner with whom you have a contract is responsible for fulfilling all Partner Services and delivering Products under your agreement with them.

Indemnity

You agree to indemnify and hold BMS (including its subsidiaries, agents, licensors, managers, affiliated companies, and their staff members, contractors, agents, officers, and directors) harmless from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, including attorney's fees and costs, arising out of or related to:

Your use (or misuse) of the BMS Services or BMS Platform, including any data or content transmitted or received by you.
Personal information or any other information or content submitted via your customer account, including misleading, false, or inaccurate information.
Your breach or violation of any term of these Terms of Service or any applicable law, rule, or regulation.
Your violation of any rights of any third party, including Partners.
Negligent or willful misconduct on your part.
Any other party's access and use of the BMS Services with your unique username, password, or other appropriate security code.

General

Clients' use of the BMS Platform is currently free of charge. However, BMS reserves the right to introduce a fee for the use of the BMS Platform in the future. If BMS decides to implement such a fee, clients will be notified in advance and given the option to continue or discontinue using the BMS services.

You may not assign your rights under these Terms of Service without prior written approval from BMS.

BMS may provide notices through general notices on the BMS Platform, by email, or by post sent by regular mail.

The Terms of Service, along with any referenced documents, constitute the entire agreement between you and BMS, governing your use of the BMS Services, and supersede any prior versions of these Terms of Service.

BMS's failure to exercise or enforce any right or provision of the Terms of Service does not constitute a waiver of such right or provision. If any provision of these Terms of Service is found to be invalid, unlawful, or unenforceable to any extent, the remaining provisions will remain in full force and effect.

These Terms of Service will be governed by and construed in accordance with the laws of England. Both parties agree that the English courts will have non-exclusive jurisdiction over any claim or dispute arising from, or related to, the ordering and/or supply of Partner Services via the BMS Platform.

In these Terms of Service, defined words in the singular retain the same definition in the plural, and vice versa. Masculine words include the feminine, and vice versa.

We reserve the right to update these Terms of Service periodically, and any changes will be posted on this page. BMS may revise, modify, or replace any of these Terms of Service, or alter, suspend, or terminate the BMS Services (including, but not limited to, the availability of any feature, database, or content) at any time.

Your continued use of the BMS Platform after the posting of changes signifies your acceptance and agreement to the revised Terms of Service. As long as you adhere to these Terms of Service, BMS grants you a personal, non-exclusive, non-transferable, and limited privilege to access and utilize the BMS Platform.

BMS reserves the right to impose restrictions on specific features and services, or limit your access to certain parts or the entirety of the BMS Services without prior notice or liability. However, any modifications made will not affect any Bookings/Orders already placed.

Terms & Conditions