TERMS OF SERVICE
OFFICIAL TERMS OF SERVICE FOR THE JB BY JAMES BROYHILL WEBSITE
Effective as of December 3, 2019
The terms ("Terms") set forth in the terms and conditions section on the JB by James Broyhill website, associated URLs, social networking sites, and pages on third-party platforms (collectively “Site”) are available for you to use. By accessing and/or using the Site, you agree that you have read, understood, and agree to be bound by these Terms. If you do not wish to agree to these Terms, do not use the Site. If you have any questions or concerns about these Terms, you can send them by email to privacy@LuxuryBuysToday.com.
This agreement provides important information to you, including information about your obligations about your content, our limitation of liability to you, and your agreement to resolve any disputes by individual arbitration and to waive the right to participate in a class action.
JB by James Broyhill LLC, referred to in these Terms as “JB BY James Broyhill,” “we,” or “us” is the owner and sponsor of the Site.
We may change these Terms at any time, for any reason at our sole discretion and without notice. The current terms will always be available through the Site. If you continue to use the Site after the effective date of a change to the Terms, that means you have accepted and agree to the changed terms. If you object to any of the changes, then your sole recourse is to stop using the Site.
4. Who May Use the Site
The Site is only for residents of the United States who have reached the age of majority in their state of residence. Use by minor is strictly prohibited. JB BY James Broyhill will not willingly or knowingly collect personal information from a minor. Do not use the Site if you are located outside of the United States. JB BY James Broyhill will not willingly or knowingly collect personal information from visitors outside the United States.
6. Intellectual Property
All trademarks, service marks, trade dress, logos, copyrights, design rights, trade secrets, rights to databases and compilations, and other intellectual property rights in and to the Site and the materials displayed on the Site (“IP”) are owned by us or by third parties. You agree not to copy, download, distribute, make derivative works, or make any unauthorized commercial use of the IP displayed on the Site. You also agree not to attempt to hack, reverse engineer, decompile, or disassemble the Site software or otherwise attempt to change its functionality or derive its source code, except where expressly permitted by law. Your use of the Site does not grant you any licenses or rights in or to any IP displayed on the Site. Please also refer to our Copyright and Trademark Policy, which is incorporated in these Terms by reference.
7. Your Account and Profile
In order to access certain areas of or participate in certain activities contained on the Site, we may require you to create an account (“Account”) or professional profile (“Profile”). You acknowledge and agree that you have no ownership or other proprietary interest in the Account or Profile. To create an Account and/or Profile, we may ask or require you to provide us with certain personal information (such as your name, address, e-mail address, and telephone number). Providing us with your personal information is your choice. Each time you decide to provide us with your personal information, you agree to: (a) provide accurate, current, and complete information about yourself as prompted by our registration form (including your current e-mail address), and (b) maintain and update your information (including your e-mail address) to keep it accurate, current, and complete. You acknowledge that, if any information provided by you is untrue, inaccurate, not current or incomplete, we have the right to terminate your access to and use of the Site (or any portion thereof) or your participation in any activity contained on or available through the Site.
Your creation of an Account or Profile may require you to select a username and password. Your username and password are subject to certain terms and standards, as set forth herein. You agree that JB BY James Broyhill has the right in its sole discretion to suspend or terminate your Account and/or Profile, and to refuse or suspend any and all current or future use of the Site (or any portion thereof) at any time and for any reason. JB BY James Broyhill reserves the right to refuse to grant you a requested username or revoke an existing username in our sole discretion if we believe the requested username impersonates someone else, or misleadingly implies an association with another person or entity, is associated with illegal activity, is or may be protected by trademark or other proprietary rights laws, is vulgar or otherwise offensive, or is substantially similar to a username already in use on the Site, or for any other reason as determined by us in our sole discretion. Your selection and use of a specific username does not convey any ownership or rights in that username.
YOU ARE ENTIRELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR USERNAME AND PASSWORD AND ALL ACCESS TO AND USE OF YOUR ACCOUNT AND/OR PROFILE, INCLUDING ANY AND ALL ACTIVITIES (INCLUDING USE OF THE SERVICES ON OR AVAILABLE THROUGH THE SITE, AS APPLICABLE) THAT ARE CONDUCTED THROUGH THE USE OF YOUR USERNAME AND PASSWORD WHETHER OR NOT AUTHORIZED BY YOU.
You agree that your Account and/or Profile are personal to you and you will not to transfer or resell or otherwise convey your Account or Profile, or the right to use your Account or Profile, to any other person or entity. If you have reason to believe that your Account or Profile is no longer secure, you must: (i) promptly change your password, and (ii) immediately notify us of the problem by e-mailing us at contact@LuxuryBuysToday.com (with the subject line: “Username Password Security Issues”).
You may not use anyone else’s Account or Profile at any time and you may not allow anyone else to use your Account or Profile at any time. You agree that JB BY James Broyhill will not be liable for any loss you may incur as a result of someone else using your Account or Profile, either with or without your knowledge, and you further agree that you will be liable for losses incurred by JB BY James Broyhill or another party due to someone else using your Account or Profile. Because of this, JB BY James Broyhill strongly recommends that you exit from your Account and/or Profile at the end of each session.
8. Code of Conduct
The Site allows you to request and receive business referrals and otherwise communicate with other users, post content and other activities. We hope to create a respectful and productive community and, to that end, we have established the following community standards (the “Standards”). By using the Site you agree not to:
• Create a false identity or impersonate any person, including without limitation, that you are a JB BY James Broyhill official or representative, message board moderator, guide, another user or host or that you are a celebrity or public figure;
• Create any posts, username, topic name, or subject lines containing profanity, sexually graphic or offensive language, including any uses of characters such as \@#$% to replace letters;
• Send, post, transmit or make available any content or message that is false, inaccurate, misleading, disruptive, unlawful, harmful, threatening, abusive, harassing, defamatory, pornographic, vulgar, inciteful, racist or otherwise objectionable in our sole discretion;
• Engage in rude, unlawful, harassing, vulgar, obscene, hateful, threatening, abusive, inciteful, or otherwise objectionable behavior; all such behavior may be reported to the appropriate authorities;
• Suggest, illicit or encourage any illegal activity;
• Submit content or materials that are subject to intellectual property protection, including without limitation, copyright, trademark, trade secret or patent rights, or otherwise subject to third party proprietary rights, including, without limitation, privacy and publicity rights, unless you are the owner of such rights or have permission from the owner to do so and to grant JB BY James Broyhill all of the license rights necessary to transmit, post or maintain such content or material;
• Send, post, transmit or make available any material, non-public information about any person or company without the express authorization to do so;
• Send, post, transmit or otherwise make available any chain letters, pyramid schemes, junk mail, SPAM, investment
opportunities or similar communication;
• Institute an attack upon any server used in connection with the Site or any portion thereof or otherwise attempt to disrupt such servers, including any Services available on or through the Site;
• Use any robot (bot), spider, scraper or other unauthorized or automated means to modify, use or access the Site or the Services, or any portion thereof, or any Services available on or through any Third Party Platform;
• Send, post or transmit any software or other materials that contain any viruses, worms, trojan horses, defects, date bombs, time bombs or other items of a destructive nature;
• Modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble all or any portion of the Site;
• “Frame” or “mirror” any part of the Site without our prior written authorization;
• Harvest or attempt to obtain passwords, other Account or Profile information, or any other private information from any other user of the Site or the Services, including without limitation, the collection personal information about others, such as email addresses or geo-location without our express consent and the express consent of users of the Site;
• Access another user’s Account without permission;
• Use the Site or Services in any manner that violates any applicable laws or regulations or is prohibited by these Terms; and/or
• Assist or permit any persons in engaging in any of the activities described in this listing.
While using the Site, you agree to comply with these and all Standards, as well as all applicable laws, rules and regulations. JB BY James Broyhill has the sole discretion to delete, suspend, terminate or close your Account, with or without prior notification to you, for any violation of the Terms, including any of the Standards.
9. Forums and Submissions
The Site may include features such as ratings, message boards, e-mail services, blogs and/or other forums or areas where you and others can post or transmit information onto or through the Site, including through Third Party Platforms (collectively, the “Forums”), and JB BY James Broyhill may redistribute content you send/upload/post to the Site and/or Forums. By sending, posting or transmitting to JB BY James Broyhill, including photos, graphics, comments, creative suggestions, ideas, notes, concepts, information, ratings or other materials (collectively, “Submissions”) or by posting such Submissions to any area of the Site, you grant JB BY James Broyhill and our designers and users a worldwide, non-exclusive, sublicensable (through multiple tiers), assignable, royalty-free, perpetual, irrevocable right to use, reproduce, distribute (through multiple tiers), create derivative works of, publicly perform, publicly display, digitally perform, make, have made, sell, offer for sale and import such Submissions in any media now known or hereafter developed, for any purpose whatsoever, commercial or otherwise, without compensation to you or the provider of the Submissions. None of the Submissions will be subject to any obligation, whether of confidentiality, attribution or otherwise, on our part and we will not be liable for any use or disclosure of any Submissions. Information and Submissions contained on our Forums may be provided by persons not affiliated with us. You agree not to transmit any Submission to or through the Site or Services, or to JB BY James Broyhill that you consider to be confidential or proprietary, and any and all Submissions shall be deemed non-confidential. You are responsible and liable for any Submissions you make.
You acknowledge and agree that your communications with other users via the Forums are public and not private communications, and that you have no expectation of privacy concerning your use of the Forums. You acknowledge that personal information that you communicate via the Forums may be seen and used by others and result in unsolicited communications; therefore, JB BY James Broyhill strongly encourages you not to disclose any personal information about yourself in your communications via the Forums. JB BY James Broyhill is not responsible for information that you choose to communicate to other users via the Forums or Submissions.
You acknowledge that a large volume of information is available in our Forums and that people participating in such Forums occasionally post Submissions or make statements, whether intentionally or unintentionally, that are inaccurate, misleading, illegal or deceptive. We neither endorse nor are responsible for such Submissions or statements, or for any opinion, advice, information or other statement made or displayed on the Site or Services, through Third Party Platforms, or in any Forums by third persons or parties. The opinions expressed in the Forums reflect solely the opinion(s) of the participants of the Forums and do not necessarily reflect the opinion(s) of JB BY James Broyhill. JB BY James Broyhill is not responsible for any errors or omissions in articles or postings, for hyperlinks embedded in any Submissions or for any results obtained from the use of any such statements or information. Under no circumstances will JB BY James Broyhill or our affiliates, suppliers or agents be liable for any loss or damage caused by your reliance on the Submissions or on any information or materials obtained through the Site, Services, or any Third Party Platform. JB BY James Broyhill has no obligation to monitor the Site, Services, any Third Party Platform, or the Forums, or any Submissions or other materials that you or other third persons or parties transmit or post on the Site, in the Services, on any Third Party Platform, or in the Forums. You acknowledge and agree that JB BY James Broyhill has the right (but not the obligation) to delete, edit, block or otherwise refuse to post any Submission without notice.
Notwithstanding anything contrary stated in these Terms, by posting a Submission you represent and warrant that (a) you own or otherwise control all of the rights including without limitation, all copyrights, to your Submission or are otherwise legally entitled to post the submission; (b) the content is accurate; (b) use of the content you supply does not violate the Terms and will not cause injury to any person or entity; and (d) you will indemnify JB BY James Broyhill and/or our subsidiaries and affiliates for all claims resulting from any content, information, and ratings, including without limitation, all Submissions, you supply, provide or transmit to JB BY James Broyhill or the Site or any Third Party Platform.
10. Other Feedback
We welcome your feedback, comments and suggestions. If you choose to contribute by sending us, our employees or our partners any ideas for products, services, features, modifications, enhancements, content, refinements, technologies, offerings, product/feature names, or any related documentation, artwork, computer code, diagrams, or other materials (collectively “Feedback”), then regardless of what your accompanying communication may say, the following terms will apply, so that future misunderstandings can be avoided. Accordingly, by sending Feedback to us, you agree that:
We have no obligation to review, consider, or implement your Feedback, or to return to you all or part of any Feedback for any reason;
Feedback is provided on a non-confidential basis, and we are not under any obligation to keep any Feedback you send confidential or to refrain from using or disclosing it in any way; and
You irrevocably grant us perpetual and unlimited permission to use the Feedback and derivatives thereof for any purpose and without restriction, free of charge and without attribution of any kind, including by making, using, selling, offering for sale, importing, and promoting commercial products and services that incorporate or embody Feedback, whether in whole or in part, and whether as provided or as modified.
11. Limitation of Warranties and Remedies
THE FOLLOWING TERMS APPLY TO THE FULLEST EXTENT PERMITTED BY LAW:
The Site is provided to you “as is.” We make no promises that the Site is accurate, complete, reliable, current, secure or error-free; that it will operate or be accessible without interruption; or that the Site will be free from viruses or other harmful components. You use the Site at your own risk.
WE EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND, TO THE FULLEST EXTENT PERMITTED UNDER THE LAW, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE OR PURPOSE. SOME STATES DO NOT ALLOW DISCLAIMER OF WARRANTIES, SO THE ABOVE MAY NOT APPLY TO YOU.
To the extent the Site provides links to other websites or social media platforms, you agree that with respect to such web sites or platforms, we make no representations or warranties regarding same, nor will we be responsible to you or anyone else for any product, service or other materials that may be sold, licensed, distributed or promoted on such web sites or platforms, or in any manner for any content on such web sites or platforms.
12. Indemnification by You
To the fullest extent permitted by law, you agree to indemnify, defend and hold harmless JB BY James Broyhill and its officers, owners, employees and agents, from and against all claims, actions, liabilities, damages and expenses (including court costs, legal fees, and amounts paid in settlement) by any third party arising out of or relating to (a) any actual or alleged violation of these Terms by you; (b) any allegation that any materials you submit to us or transmit to the Site infringe or otherwise violate the copyright, patent, trademark, trade secret, or other intellectual property or other rights of any third party; (c) your activities in connection with the JB BY James Broyhill Platform or other websites to which the JB BY James Broyhill Platform is linked; and/or (d) your negligent or willful misconduct.. You will cooperate as fully as reasonably required in the defense of any such claim or action; however, we reserve the right, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification by you (in which case, you agree to cooperate with our defense).
13. Controlling Law and Jurisdiction
These Terms will be interpreted in accordance with the laws of the State of North Carolina and the United States of America, without regard to their conflict-of-law provisions. You and we agree to submit to the personal jurisdiction of a federal or state court located in Winston-Salem, NC for any actions for which the arbitration provision, as set forth in the Dispute Resolution provision herein, does not apply.
14. Dispute Resolution/Arbitration
When you accept these Terms, you and we are entering into a binding contract. That contract and our relationship with one another arising from your use of the Site will be governed by the laws of the State of North Carolina applicable to contracts entered into and performed exclusively in that State.
If you and we have any sort of legal dispute or claim arising out of or relating to your use of the Site, and it can’t be resolved by friendly discussion, then you agree that it will be submitted to final and binding arbitration,. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or in any way related to these Terms or your use of the Site, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND WE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION AND THAT THIS AGREEMENT SHALL BE SUBJECT TO AND GOVERNED BY THE FEDERAL ARBITRATION ACT.
Exceptions: Notwithstanding the language above, nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either party to: (A) bring an individual action in small claims court; (B) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (C) seek injunctive relief in aid of arbitration from a court of competent jurisdiction; or (D) to file suit in a court of law to address an intellectual property infringement claim.
Arbitration Rules: Arbitration under these Terms will be conducted in Winston-Salem, North Carolina, under the Commercial Arbitration Rules then in effect of the American Arbitration Association, by a single arbitrator selected under such rules. The arbitrator will have full power to subpoena and to fashion appropriate remedies, including to grant equitable, injunctive and/or declaratory relief. Neither punitive damages nor trebled or otherwise escalated damages shall be awarded. Judgment upon the award rendered in any arbitration may be entered in any court having jurisdiction thereof, or application may be made to such court for a judicial acceptance of the award and enforcement thereof as the law of such jurisdiction may require or allow. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting us. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement.
Notice; Process: A party who intends to seek arbitration must first send a written notice of the dispute to the other party by U.S. Mail (“Notice”). Our address for Notice is: JB BY James Broyhill, LLC c/o Enns & Archer LLP, 939 Burke Street, Winston-Salem, NC 27101. The Notice must: (A) describe the nature and basis of the claim or dispute; and (B) set forth the specific relief sought (“Demand”). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice is received, you or we may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or us must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. If the dispute is finally resolved through arbitration in your favor with a monetary award that exceeds the last written settlement amount offered by us prior to selection of an arbitrator, we will pay you the highest of the following: (i) the amount awarded by the arbitrator, if any; (ii) the last written settlement amount offered by us in settlement of the dispute prior to the arbitrator’s award; or (iii) $15,000.
Fees: If you commence arbitration in accordance with these Terms, we will reimburse you for your payment of the filing fee, unless your claim is for more than $15,000 or as set forth below, in which case the payment of any fees will be decided by the AAA Rules. Any arbitration hearing will take place at a location to be agreed upon in Winston-Salem, North Carolina, but if the claim is for $15,000 or less, you may choose whether the arbitration will be conducted: (A) solely on the basis of documents submitted to the arbitrator; (B) through a non-appearance based telephone hearing; or (C) by an in-person hearing as established by the AAA Rules in the county (or parish) of your billing address. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse us for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. Each party agrees that such written decision, and information exchanged during arbitration, will be kept confidential except to the extent necessary to enforce or permit limited judicial review of the award. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.
No Class Actions: YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and we agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. If this subsection is found to be unenforceable or if the entirety of this Section 13 is found to be unenforceable, then the entirety of this Section 13 will be null and void.
Modifications to this Arbitration Provision: Except as otherwise provided in these Terms, if we make any future change to this arbitration provision, other than a change to our address for Notice, then you may reject the change by sending us written notice within 30 days of the change to our address for Notice, in which case this arbitration provision, as in effect immediately prior to the changes you rejected, will continue to govern any disputes between you and us.
You agree that regardless of any statute or law to the contrary, any claim or cause of action by you arising out of or related to the Site or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
15. Other Provisions
The waiver of any provision of the Agreement shall not be considered a waiver of any other provision or of our right to require strict observance of each of the terms, and our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of these Terms or your use of Site. You agree that we may assign or sublicense any of our rights, and/or transfer, subcontract or delegate any of our obligations, under these Terms. Your agreement to these Terms is personal to you and you may not transfer or assign them to any third party. These Terms constitute the entire and exclusive and final statement of the agreement between you and us with respect to the subject matter hereof, and govern your use of the Site, superseding any prior agreements or statements between you and us with respect to the subject matter hereof.