terms of service

bopdropTM Terms of Use

 

Effective Date: 5.14.2020

 

bopdropTM Online & Mobile Application Terms and Conditions.

Please read the following terms and conditions very carefully. If you do not agree with the following terms and conditions, do not use, download or install this software. By downloading, installing or using this software or any portion thereof, you agree to the following terms and conditions. PLEASE TAKE ADEQUATE TIME TO READ THESE TERMS AND CONDITIONS CAREFULLY, AS THEY CONSTITUTE A BINDING LEGAL AGREEMENT BETWEEN YOU AND BOPDROP AND ENTERING INTO ANY CONTRACT IS AN IMPORTANT DECISION. 

 

You acknowledge that this agreement is supported by reasonable and valuable consideration, the receipt and adequacy of which is hereby acknowledged. Without limiting the foregoing, you acknowledge that such consideration includes, without limitation, your ability to access and use the bopdropTM Application (as defined below).

 

Use of the bopdropTM Application

This agreement (“Terms”) is entered into between you and Bopdrop Inc., a Delaware corporation (“Bopdrop”), which is providing the bopdropTM service. Subject to the provisions of these Terms, you are hereby granted the non-transferable right to use this software (“bopdropTM Application”) solely for personal, non-commercial purposes. Your right to access and use the bopdropTM Application is personal to you and is not transferable by you to any other person or entity.  You may not use the bopdropTM Application in any manner that may impair, overburden, damage, disable or otherwise compromise (i) bopdrop’s services; (ii) any other party’s use and enjoyment of bopdrop’s services; or (iii) the services and products of any third parties including, without limitation, any device through which you access the bopdropTM Application (the “Authorized Device”).  You will not (i) use any robot, spider, scraper, deep link or other similar automated data gathering or extraction tools, program, algorithm or methodology to access, acquire, copy or monitor the bopdropTM Application or any portion of the bopdropTM Application or (ii) bypass any robot exclusion headers or other measures bopdrop may use to prevent or restrict access to the bopdropTM Application. You agree to comply with all local laws and regulations governing the downloading, installation and/or use of the bopdropTM Application, including, without limitation, any usage rules set forth in the online application store terms of service. From time to time, bopdrop may automatically check the version of the bopdropTM Application installed on the Authorized Device and, if applicable, provide updates for the bopdropTM Application (“Updates”). Updates may contain, without limitation, bug fixes, patches, enhanced functionality, plug-ins and new versions of the bopdropTM Application. By installing the bopdropTM Application, you authorize the automatic download and installation of Updates and agree to download and install Updates manually if necessary. Your use of the bopdropTM Application and Updates will be governed by these Terms (as amended by any terms and conditions that may be provided with Updates). Bopdrop inc. reserves the right to temporarily disable or permanently discontinue any and all the functionality of the bopdropTM Application at any time without notice and with no liability to you. For the avoidance of doubt, agreement to these Terms is solely between bopdropTM and you. If you need to contact bopdrop about the bopdropTM Application, you may do so by emailing support@bopdrop.com.

 

Your Eligibility

The bopdropTM Application is intended for adults only, and is not directed at minors. The bopdropTM Application may only be used by individuals who have the capacity to enter into legally binding contracts under applicable law. You represent that you are at least eighteen (18) years old, or the age of majority in your state and have the capacity to be bound by this Agreement. For purposes of this Agreement, “you” shall mean you personally.

 

You Must Maintain the Integrity of Your Information

To use the bopdropTM Application, you may be required to provide bopdrop with information about you (“Personal Information”). If you provide Personal Information to bopdrop, then you agree to provide true, current, complete and accurate information, and not to misrepresent your identity. You also agree to keep Personal Information current, and to update your Personal Information if any of it changes.

 

You Must Maintain the Security of Any Password Issued to You

Access to the bopdropTM Application is account-based. To access and/or use the bopdropTM Application you are required to register an account and create a password or log in to an account created for you. In either case, a password may be required for the bopdropTM Application, and it is your sole responsibility to maintain the security of that password and to immediately change your password if it was provided to you by a third-party. You agree that bopdrop shall not be liable for any loss that you may suffer as a result of the authorized or unauthorized use of your password or account by a third party.

 

Electronic Communications

When you use the bopdropTM Application or send emails or otherwise submit information to bopdrop, you are communicating with bopdrop electronically. You consent to receive communications from bopdrop electronically and via any e-mail address you provide to bopdrop for any purposes. Although bopdrop may choose to communicate with you by regular mail, bopdrop may also choose to communicate with you by e-mail or by posting notices in the Services. You agree that all agreements, notices, disclosures and other communications that bopdrop provides to you electronically satisfy any legal requirement that such communications be in writing.

 

Your Responsibility for Equipment and Data Costs

You are responsible for obtaining and maintaining all internet access services, Authorized Device, and other equipment or services needed to access and use the bopdropTM Application. You acknowledge that you are solely responsible for obtaining the Authorized Device, and any rates and fees charged by your mobile carrier (or other service provider) for cellular service, data and any other costs related to the use of the bopdropTM Application. Bopdrop shall not be liable for any overage charges associated with any data plan you use to access the bopdropTM Application.

 

You Must Notify BopDrop of a Breach

You agree to immediately notify bopdrop of any unauthorized use of your password, any unauthorized use of any account that you may have with bopdrop, any violation of these Terms, or any other breach of security known to you in connection with the bopdropTM Application, by sending an email to: support@bopdrop.com.

 

Privacy Policy

bopdrop’s collection, use and disclosure of Personal Information are governed by these Terms and the Privacy Policy.  As a condition of using the bopdropTM Application, you acknowledge that additional agreements may be in place that govern your relationship with bopdrop, including but not limited to the End User License Agreement and Privacy Policy, each of which is hereby incorporated by reference. You acknowledge and agree that these agreements may be updated from time to time, without prior notice. Any such change(s) will be effective as soon as bopdrop posts a revised version of the applicable agreement. In the event of an otherwise irreconcilable conflict between these Terms and the End User License Agreement and Privacy Policy, these Terms will govern, solely with regard to the conflicting provisions and solely to the extent of such conflict. bopdrop may track and archive certain information regarding your use of the bopdropTM Application (“Use Information”). Use Information will be stored and processed in the United States. By using the bopdropTM Application, you consent to the collection of your Use Information.

 

Proprietary Rights

You hereby acknowledge that a third party provider owns all rights, title and interest in and to the bopdropTM Application and to any and all proprietary and confidential information contained therein (“bopdropTM Information”). The bopdropTM Application and bopdropTM Information are protected by applicable intellectual property and other laws, including patent law, copyright law, trade secret law, trademark law, unfair competition law, and any and all other proprietary rights, and any and all applications, renewals, extensions and restorations thereof, now or hereafter in force and effect worldwide. You agree that you will not (and will not allow any third party to) (i) modify, adapt, translate, prepare derivative works from, decompile, reverse engineer or disassemble the bopdropTM Application or otherwise attempt to derive source code from the bopdropTM Application; (ii) copy, distribute, transfer, sell or license the bopdropTM Application; (iii) transfer the bopdropTM Application to, or use the bopdropTM Application on, a device other than the Authorized Device; (iv) take any action to circumvent, compromise or defeat any security measures implemented in the bopdropTM Application; (v) use the bopdropTM Application to access, copy, transfer, retransmit or transcode Content (as defined below) or any other content in violation of any law or third party rights; (vi) remove, obscure, or alter bopdrop’s or its third party provider’s (or any third party’s) copyright notices, trademarks, or other proprietary rights notices affixed to or contained within or accessed through the bopdropTM Application. Content made available through the bopdropTM Application (“Content”) is protected by applicable intellectual property rights and is the property of bopdrop, its third party licensors, service providers, and partners (as applicable), and other entities that provide such content to bopdrop. You may not (or enable others to) copy, distribute, display, modify, or otherwise use the Content except as it is provided to you through the bopdropTM Application hereunder. 

 

Export Restrictions

Bopdrop Inc. does not represent that the bopdropTM Application is appropriate or available for use in any geographical location. Any entity or person choosing to use the bopdropTM Application is solely responsible for compliance with all applicable laws. The bopdropTM Application is subject to U.S. export controls and may not be downloaded, exported or re-exported: (i) into  Burma, Cuba, Iran, North Korea, Sudan, Syria, Libya, or any other country with respect to which the United States maintains trade sanctions prohibiting the shipment of goods; or (ii) to anyone on or acting on behalf of an entity on the U.S. Treasury Department’s list of Specially Designated Nationals and Blocked Persons or the U.S. Commerce Department’s Denied Persons List or Entities List or included in General Order 3 (15 C.F.R. Part 736, Supplement 1), which prohibits exports to Mayrow General Trading, affiliated entities and persons, and specified persons involved in the manufacture or sale of Improvised Explosive Devices (together referred to as “U.S. Prohibited Party Lists”). By downloading and/or using the bopdropTM Application, you represent and warrant that you are not (a) located in or a national or resident of any country noted above that is subject to U.S. trade sanctions, or (b) on any U.S. Prohibited Party List or acting on behalf of any person or entity on any such list.

 

Termination

You may terminate acceptance of these Terms at any time by permanently deleting the bopdropTM Application in its entirety from the Authorized Device, whereupon (and without notice from bopdrop) any rights granted to you herein will automatically terminate. If you fail to comply with any provision of these Terms, any rights granted to you herein will automatically terminate. In the event of such termination, you must immediately delete the bopdropTM Application from the Authorized Device.  Bopdrop may terminate these Terms at any time without cause and without any liability to you.

 

Indemnity

You agree to hold harmless and indemnify Bopdrop and its subsidiaries, affiliates, officers, agents, partners, service provider, and employees (and their subsidiaries, affiliates, officers, agents, and employees) from and against any claim, suit or action arising from or in any way related to your use of the bopdropTM Application or your violation of these Terms, including any liability or expense arising from all claims, losses, damages, suits, judgments, litigation costs and attorneys’ fees, of every kind and nature. In such a case, bopdrop will provide you with written notice of such claim, suit or action.

 

Bopdrop Makes No Representations or Warranties

THE BOPDROPTM APPLICATION IS PROVIDED TO YOU ON AN “AS-IS” AND “AS AVAILABLE” BASIS. BOPDROP AND ITS SERVICE PROVIDER MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE BOPDROPTM APPLICATION, THE SOFTWARE, OR BOPDROP CONTENT, INCLUDED ON OR ASSOCIATED WITH THE BOPDROPTM APPLICATION. YOU EXPRESSLY AGREE THAT YOUR USE OF THE BOPDROPTM APPLICATION IS AT YOUR SOLE RISK.

 

BOPDROP DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, CORRECTNESS, OR COMPLETENESS OF BOPDROP CONTENT, OR THE BOPDROPTM APPLICATION, OR THE SAFETY, RELIABILITY, TITLE, TIMELINESS, COMPLETENESS, MERCHANTABILITY, CONFORMITY, OR FITNESS FOR A PARTICULAR PURPOSE OF BOPDROP CONTENT OR THE BOPDROPTM APPLICATION. IT IS YOUR SOLE RESPONSIBILITY TO INDEPENDENTLY EVALUATE THE ACCURACY, CORRECTNESS OR COMPLETENESS OF BOPDROP CONTENT, AND THE BOPDROPTM APPLICATION.

 

Limitations on bopdrop’s Liability

BOPDROP SHALL IN NO EVENT BE RESPONSIBLE TO, OR LIABLE TO, YOU, OR ANY THIRD PARTY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, FOR ANY DAMAGES, INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, OR CONSEQUENTIAL DAMAGES THAT INCLUDE, BUT ARE NOT LIMITED TO, DAMAGES FOR ANY LOSS OF PROFIT, REVENUE OR BUSINESS, AS A DIRECT OR INDIRECT RESULT OF YOUR BREACH OR VIOLATION OF THE TERMS OR YOUR ACCESS AND USE OF THE BOPDROPTM APPLICATION, WHETHER RESULTING IN WHOLE OR IN PART, FROM BREACH OF CONTRACT, TORTUOUS BEHAVIOR, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF BOPDROP AND/OR ITS SERVICE PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.

 

IN NO EVENT SHALL BOPDROP'S LIABILITY AND THE LIABILITY OF ITS SERVICE PROVIDERS, AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, INDEPENDENT CONTRACTORS, SHAREHOLDERS, REPRESENTATIVES, PARTNERS AND AGENTS ARISING OUT OF THIS AGREEMENT EXCEED $100.

 

YOU AND BOPDROP AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE BOPDROPTM APPLICATION OR YOUR USE THEREOF, MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

 

Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions or limitations may not apply to you.

 

Entire Agreement; Revisions to Terms.

Bopdrop may, from time to time, modify these Terms. Such modifications shall be effective as soon as the modified version of the “bopdropTM Terms of Use” is posted in the online application store or any other authorized bopdropTM Application distribution location. You can determine when these Terms were last revised by referring to the “LAST UPDATED” legend at the top of the then-current version of the “bopdropTM Terms of Use” in the online application store or any other authorized bopdropTM Application distribution location. Your use of the bopdropTM Application following such changes constitutes your acceptance of the revised version of the “bopdropTM Terms of Use” in the online application store or any other authorized bopdropTM Application distribution location. 

 

Governing Law

You agree that: (i) the use of the bopdropTM Application shall be deemed solely based in the State of Delaware; and (ii) the use of the bopdropTM Application does not give rise to personal jurisdiction over bopdrop, its affiliates and assigns, either specific or general, in jurisdictions other than the State of Delaware. These Terms are to be governed by and construed in accordance with the internal laws of the State of Delaware, without regard for principles of conflicts of laws. Any civil action, claim, dispute or proceeding arising out of or relating to these Terms, except for an injunctive action regarding a breach or threatened breach of any provision of these Terms by you as provided above, shall be brought in the courts of Delaware.

 

Miscellaneous

If any portion of this Agreement is deemed unlawful, void or unenforceable by any arbitrator or court of competent jurisdiction, these Terms as a whole shall not be deemed unlawful, void or unenforceable, but only that portion of these Terms that are unlawful, void or unenforceable shall be stricken.

 

The headings contained in these Terms are for convenience of reference only, are not to be considered a part of these Terms, and shall not limit or otherwise affect in any way the meaning or interpretation of the Terms.

 

These Terms, the Privacy Policy [https://www.bopdrop.com/privacy-policy], and all aspects of your relationship with bopdrop, including any personal information or data associated therewith, may be disclosed and/or assigned by bopdrop to a third party in connection with a Business Transfer. A “Business Transfer” means a sale, acquisition, merger, consolidation, reorganization, bankruptcy or other corporate change involving us and/or our affiliates, even if the Business Transfer is only being contemplated and regardless of whether the Business Transfer relates to a part or a whole of our business. Nothing in these Terms is intended to interfere with our ability to transfer all or part of our business, equity, and/or assets (including the Services) to an affiliate or independent third party at any time, for any purpose, without any limitation, without notice, any without any compensation to you, whatsoever.

 

If you have questions, comments, concerns or feedback regarding these Terms or the bopdropTM Application, please contact Bopdrop via the email below/

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