TERMS AND CONDITIONS

These Terms of Service, together with any other document referenced (whether by means of a hyperlink or otherwise) in these Terms of Service (collectively, these “Terms”), govern your access to, and use of, the websites, mobile applications and other products and services (collectively, the “Services”) that are provided by B. Moore Organized, LLC, a Texas limited liability company and its affiliates and subsidiaries (“BMO,” “we” or “us”).

PLEASE READ THESE TERMS CAREFULLY. THESE TERMS CONTAIN IMPORTANT INFORMATION THAT AFFECTS YOU AND YOUR USE OF THE SERVICES. IF YOU ARE ACCESSING OUR WEBSITE OR USING THE SERVICES IN YOUR WORK OR BUSINESS CAPACITY OR ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH COMPANY OR ENTITY TO THESE TERMS, IN WHICH CASE THE TERMS “YOU” OR “YOUR” SHALL ALSO REFER TO THE COMPANY OR ENTITY WHICH YOU REPRESENT OR ARE EMPLOYED BY, ITS AFFILIATES, AND EACH OF THEIR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND REPRESENTATIVES. BY ACCESSING OR USING OUR WEBSITE OR THE SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS AND ALL ADDITIONAL TERMS INCORPORATED HEREIN BY REFERENCE ON YOUR OWN BEHALF AND, AS APPLICABLE, ON BEHALF OF THE COMPANY OR ENTITY WHICH EMPLOYS YOU OR WHICH YOU REPRESENT. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT ACCESS OR USE THE SERVICES.

We reserve the right to change or modify these Terms at any time and in our sole discretion. If we make changes to these Terms, we will provide notice of such changes, such as by sending you an email notification, by providing notice through the Services, or by updating the “Last Updated” date at the top of these Terms. Your continued use of our website or the Services will confirm your acceptance of the revised Terms. We encourage you to frequently review the Terms (as may be amended or updated) to ensure that you understand the terms and conditions that apply to your access to and use of the website and the Services. If you do not agree to any amended Terms, you must immediately stop accessing our website and using the Services and give us written notice.

Use of Website

Our website is for informational purposes only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from this website.

By using and/or accessing the Services, you indicate that you understand the information collection, use, and disclosure practices described in our Privacy Policy. Nothing in these Terms amends or modifies our Privacy Policy.

If you provide personal information (for example, names and email addresses) to us on behalf of other users of the Services, you represent and covenant that you have obtained, from each such user, consent to disclose that information to us for such purposes, and that you will give us written notice if any such consent is revoked or modified.

Intellectual Property

All content on this website, including but not limited to text, graphics, logos, images, and software, is the property of our company and is protected by United States and international copyright laws. Our logo, and our other product or service names, service marks, logos or slogans that may appear on or in connection with the Services may not be copied, imitated or used, in whole or in part, without our prior written permission. You may not use any metatags or other “hidden text” utilizing our name or trademarks without our prior written permission. In addition, the look and feel of the Services, including all page headers, custom graphics, button icons and scripts, are our service marks, trademarks or trade dress and may not be copied, imitated or used, in whole or in part, without our prior written permission. All third-party trademarks, service marks, product names, and company names or logos mentioned in the Services are the property of their respective owners. Reference to any third-party products, services or other information does not constitute or imply endorsement, sponsorship or recommendation by us.

Disclaimer

EXCEPT AS EXPRESSLY AGREED IN A WRITING SIGNED BY US, THE SERVICES AND THE CONTENT CONTAINED ON OUR WEBSITE ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WHILE WE WILL USE REASONABLE COMMERCIAL EFFORTS TO MAKE YOUR ACCESS TO OUR WEBSITE SAFE, WE CANNOT AND DO NOT REPRESENT OR WARRANT THAT THE SERVICES, INCLUDING OUR WEBSITES AND SERVERS, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THEREFORE, YOU SHOULD USE INDUSTRY- RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD.

Limitation of Liability

In no event shall BMO or its officers, directors, shareholders or affiliates be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on our website, even if we have been notified orally or in writing of the possibility of such damage.

Links to Other Websites

We may provide third-party content, including advertisements and promotions with respect to goods and services and links to web pages and content of third parties (collectively, “Third-Party Content”) as a service to those interested in this information. We do not control, endorse or adopt any Third-Party Content and make no representation or warranties of any kind regarding the Third-Party Content, including its accuracy or completeness. You acknowledge and agree that we are not responsible or liable in any manner for any Third-Party Content and that we undertake no responsibility to update or review any Third-Party Content. Your use of such Third-Party Content is at your own risk. When you leave the Services, you should be aware that our Terms no longer govern. You should review the applicable terms for Third-Party Content, including privacy policies.

Feedback

If and to the extent you submit questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information or materials about us and our website or Services (collectively, “Feedback”), such Feedback, whether submitted through our website or otherwise, is non-confidential and will become our sole property. We will own exclusive rights, including all intellectual property rights, in and to such Feedback and will be entitled to the unrestricted use and dissemination of all Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

Indemnification

You agree to defend, indemnify and hold harmless us and our partners, independent contractors, service providers and consultants and our respective directors, officers, shareholders, employees and agents from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of or related to: (a) your use of our website or the Services; (b) any content you post, upload, use, distribute, store or otherwise transmit on or through our website; (c) any Feedback you provide; (d) your violation of these Terms; and (e) your violation of the rights of any third party.

Changes to Terms of Service

We reserve the right to modify these terms and conditions at any time without prior notice.

Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflicts of law provisions. The exclusive jurisdiction and venue for any action arising under these Terms or the relationship of the parties contemplated hereby shall be in the federal and state courts located in Travis County, Texas and both parties hereby irrevocably consent to such exclusive jurisdiction and venue for this purpose.

Contact Information

If you have any questions or concerns regarding these terms and conditions, please contact us at info@bmooreorganized.com

Last Updated: April 5, 2023