bookme.com LLC Terms of Use

Acceptance of the Terms of Use

These Terms of Use are entered into by and between You and bookme.com LLC ("Company," "bookme.com," "Sales Agent," "We," or "Us"). These Terms, together with any documents they expressly incorporate by reference (collectively, "Terms of Use"), govern your access to and use of bookme.com, through our website, www.bookme.com (the "Website"). This includes any content, functionality, and services offered on or through the Website.

Please read and review these Terms of Use carefully before you start to use the Website. By accessing or using the Website, or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, which can be found at www.bookme.com/privacy-policy, and is incorporated herein by reference. If you do not agree with these Terms of Use or the Privacy Policy, you must not access or use the Website.

This Website is offered and available to registered users who are at least 18 years of age or older. By using or registering with the Website, you represent and warrant that you meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.

Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter.

Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

About bookme.com

When you purchase a service through the Website, bookme.com is responsible for the Website itself, but not the services offered and provided by third-party service providers ("Service Providers"). Our Website is not a recommendation or endorsement of any Service Provider or its services. We are not a party to the terms between you and the Service Provider. The Service Providers do not: (i) control or manage our Website, (ii) represent us, enter into contracts, or accept legal documents in our name, and (iii) operate as our process or service agents.

Registering with bookme.com

  1. To register as a Registered User and open a Website account (the "Registered User"):
    • You must be at least 18 years old;
    • You must be able to be legally bound by a contract with us;
    • By submitting payment information to us, you represent and agree that: (i) you are fully authorized to use that payment method (e.g., credit card, debit card, bank account); (ii) all payment information provided is complete and accurate; and (iii) you will be responsible for payment of any associated credit card or transaction fees; and (iv) that sufficient funds exist to pay us the amounts due.
  2. To open a Service Provider account, you must also:
    • Upload a valid form of ID and government issued identification;
    • Add a bank account, payment details for your bank account, or a payment method;
    • Select a method ("Payout Option") for us to transfer Service Provider Earnings to you;
    • Provide any additional information we request.

bookme.com Fees & Service Provider Payment Terms

Service Provider Agreement

The Service Provider agrees to sell their services to bookme.com at a pre-determined wholesale rate, as outlined in their subscription agreement. bookme.com will then resell these services at the agreed-upon retail rates set forth on the Website to Registered Users.

The Registered User agrees to release, indemnify, and hold bookme.com harmless from any claims, disputes, or liabilities arising from the Service Provider’s performance, quality of service, or any other related issues. bookme.com is not responsible for the actions, omissions, or services provided by the Service Provider, and any disputes must be resolved directly between the Registered User and the Service Provider.

Non-Custodial Payment Structure

The Service Provider acknowledges and agrees that bookme.com does not hold funds on their behalf. Instead, bookme.com purchases services from the Service Provider at the agreed-upon rates, creating an account payable obligation to the Service Provider. Payments are processed in accordance with the applicable terms, and the Service Provider has the right to invoice and request payment for their services as provided in these Terms of Use.

bookme.com operates solely as a resale platform and does not function as a marketplace or financial services provider. Payments are processed based on the terms set forth in these Terms of Use, and the Service Provider retains the right to request payment for completed services as specified.

Fee Structure and Credit Card Charges

The Registered User and Service Provider agree to the following terms regarding the fees and charges for use of the Website:

  1. To register as a Registered User and open a Website account (the "Registered User"):
  2. If a Registered User cancels a scheduled service, the Registered User shall be liable for the following cancellation fees (the "Cancellation Fees"):
    • Cancellations made within 48-hours of the scheduled service will incur a Cancellation Fee of fifty percent (50%) of the scheduled service cost.
    • Cancellations made within 24-hours of the scheduled service will incur a Cancellation Fee of one hundred percent (100%) of the scheduled service cost.
  3. These Cancellation Fees will be automatically charged to the Registered User’s credit card at the time of cancellation.

  4. bookme.com shall have the right in its sole and absolute discretion to cancel the scheduled services for any reason it may deem necessary.

Service Booking and Payment Flow

Bookings and payments made through the Website shall be processed in accordance with and subject to the following workflow:

  1. First, a Registered User will book a service through the Website from bookme.com to be provided by the designated Service Provider.
  2. Second, the Service Provider will coordinate with the Registered User to initiate the purchased service in accordance with the terms of the booking. Upon initiating the services, the Registered User’s credit card will be charged, and bookme.com fee shall be deemed earned from the fees collected from the Registered User. All payments from Registered Users will be received and processed by a third-party payment provider that we approve. All purchases made by Registered Users, as well as Service Providers payments, are transacted in U.S. Dollars (USD). Any additional fees imposed by either the Registered User’s or Service Provider’s bank or financial institution are their respective responsibility and bookme.com shall not be responsible for these charges. The Registered User is responsible for any and all transaction fees as set forth on the Website at checkout, which may or may not be refundable per bookme.com or the third-party processor’s terms.
  3. Third, upon completion of the service, the Registered User shall confirm that the services were rendered by the Service Provider and may be required to provide feedback, such as a rating for the quality or satisfaction with the services. At this time, the Service Provider shall have earned their fees and will be entitled to request payment from bookme.com, subject to the following conditions:
    • Service Provider shall be liable to bookme.com and shall reimburse us for any chargebacks relating to services provided by the Service Provider which result in those fees being clawed-back from bookme.com.
    • bookme.com reserves the right to deduct any outstanding fees owed to bookme.com by the Service Provider from the amount of any payment due to Service Provider hereunder, including any chargebacks or other amounts related to the services provided by the Service Provider.
    • bookme.com reserves the right to impose a seven (7) to fourteen (14) calendar day hold for potential disputes or chargebacks before the Service Provider can request payment from bookme.com.
    • Upon the Service Provider’s submission of a payment request (an "Invoice") through the Website’s Invoice portal, bookme.com will have thirty (30) days to process the Invoice and initiate payment to the Service Provider.

Service Provider Payment Models

The Service Provider’s compensation structure with bookme.com may be based on either a percentage-based model or a flat fee subscription model, depending on the terms of their agreement.

  1. Percentage-Based Model:
    • Under this model, bookme.com’s fees shall be earned on a transaction-by-transaction basis and shall be calculated as a percentage of the retail price of the service charged to the Registered User.
    • The Service Provider agrees to sell its services to bookme.com at a discounted wholesale rate calculated as the retail price of the service charged to the Registered User less bookme.com’s fees
  2. Flat Fee Subscription Model:
    • bookme.com’s fees shall be deemed earned at the beginning of the subscription period, regardless of whether a Registered User books the Service Provider’s services.
    • When the Registered User books a service, the Service Provider’s fees shall be calculated as the retail price of the service charged to the Registered User; provided, bookme.com reserves the right to deduct any unpaid fees owed or due to bookme.com and may place a hold on payment of a portion of the fees due to Service Provider in an amount equal to the next subscription renewal fee, if the Service Provider is on an automatic renewal plan.

Reliance on Services Information Posted

The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.

The Website may include content provided by third parties, including materials provided by other users, third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible or liable to you or any third party for the content or accuracy of any materials provided by any third parties.

Accessing the Website and Account Security

We reserve the right to withdraw or amend the Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.

You are responsible for both:

  1. Making all arrangements necessary for you to have access to the Website.
  2. Ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and comply with them.

To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide is correct, current, and complete. You agree that all information you provide to register, including, but not limited to, through the use of any interactive features on the Website, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Website or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

Online Website Purchases of Service Providers Services

All purchases or other transactions for the sale of services formed through the Website, or resulting from visits made by you, are governed by our Terms of Sale, which are hereby incorporated into these Terms of Use. All purchases or other transactions for the sale of services formed through the Website are subject to a standard Merchant Fee ("Merchant Fee"), which may be calculated as a percentage of the total sale price collected by the Service Provider or a flat rate per transaction. Amounts paid and collected through the Website shall include the Merchant Fee, together with any service fees, as shown at checkout. All purchases for the sale of services provided by Service Providers will be charged 48 hours before the service.

Refund & Cancellation Policy

In the event the booking is canceled by the Registered User less than 48 hours in advance, bookme.com shall be entitled to retain fifty percent (50%) of the service fees upon cancellation, and if the Booking is cancelled by the Registered User less than 24 hours in advance, bookme.com shall be entitled to retain 100% of the service fees upon cancellation

In the event the Service Provider User cancels the booking for any reason, the Service Provider User may elect to reschedule the booking or, subject to a cancellation fee to be retained by bookme.com, permit the service fee to be refunded in their entirety. Merchant Fees shall only be refundable within the sole discretion of bme.com.

Additional terms and conditions may also apply to specific portions, services, or features of the Website. All such additional terms and conditions are hereby incorporated by this reference into these Terms of Use.

Service Price

By purchasing a service, you agree to pay the full cost of the service, including any applicable taxes and additional charge. All service descriptions and pricing are subject to change at the Service Provider’s discretion without notice.

Payment for Purchase

All charges are in USD. By submitting your payment information to us, you represent and agree that: (i) you are fully authorized to use the payment method provided; (ii) all payment information provided is complete and accurate; (iii) you will be responsible for any payment card fees; and (iv) sufficient funds are available to pay us the amount(s) due.

We are not responsible for any fees or charges imposed by your bank or payment card issuer. If your bank or payment card issuer reverses a charge, we may invoice you directly and seek payment by an alternative method, including a mailed statement.

Services Sold for Personal Use

You agree that any services you purchase from the Website will be used for your personal, non-commercial use only. You further agree not to resell any service that you purchase through the Website.

Third-Party Links from the Website

If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to the Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites. Complaints, claims, concerns, or questions regarding third-party services should be directed to the applicable third-party.

Intellectual Property Rights

The Website and its entire contents, features, and functionality (including, but not limited to, all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms of Use permit you to use the Website for your commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except as follows:

  1. Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
  2. You may store files that are automatically cached by your web browser for display enhancement purposes.

You must not:

  1. Modify copies of any materials from this site.
  2. Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
  3. Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.

If you wish to make any use of material on the Website other than that set out in this section, please address your request to: info@bookme.com

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Use, your right to use the Website will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

Trademarks

The Company name, the Company logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company, its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on the Website are the trademarks of their respective owners.

Prohibited Uses

You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website:

  1. In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
  2. For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
  3. To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Content Standards set out in these Terms of Use.
  4. To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation.
  5. To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).
  6. To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website, or expose them to liability.

Additionally, you agree not to:

  1. Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website.
  2. Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
  3. Use any manual process to monitor or copy any of the material on the Website, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent.
  4. Use any device, software, or routine that interferes with the proper working of the Website.
  5. Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
  6. Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website are stored, or any server, computer, or database connected to the Website.
  7. Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
  8. Otherwise attempt to interfere with the proper working of the Website.

User Contributions

The Website may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, videos, links and other interactive features (collectively, "Interactive Services") that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, "post") content or materials (collectively, "User Contributions") on or through the Website.

All User Contributions must comply with the Content Standards set out in these Terms of Use.

Any User Contribution you post to the site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Website, you grant us and our affiliates and Service Providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose.

You represent and warrant that:

  1. You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and Service Providers, and each of their and our respective licensees, successors, and assigns.
  2. All of your User Contributions do and will comply with these Terms of Use.

You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.

We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Website.

Monitoring and Enforcement; Termination

We have the right to:

  1. Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
  2. Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Use, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website or the public, or could create liability for the Company.
  3. Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
  4. Take appropriate legal action, including, without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.
  5. Terminate or suspend your access to all or part of the Website for any or no reason, including, without limitation, any violation of these Terms of Use.

Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY/ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER THE COMPANY/SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

However, we do not undertake to review all material before it is posted on the Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

Content Standards

These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:

  1. Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
  2. Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
  3. Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
  4. Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy.
  5. Be likely to deceive any person
  6. Promote any illegal activity, or advocate, promote, or assist any unlawful act.
  7. Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
  8. Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
  9. Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
  10. Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

Copyright Infringement

If you believe that any User Contributions violate your copyright, please see our Copyright Policy for instructions on sending us a notice of copyright infringement. It is the policy of the Company to terminate the user accounts of repeat infringers.

Changes to the Website

We may update the content on the Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.

Information About You and Your Visits to the Website

All information we collect on the Website is subject to our Privacy Policy. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON THEM, OR ON ANY WEBSITE LINKED TO THEM.

YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH IT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

Indemnification

You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and Service Providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorney’s fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to, your User Contributions, any use of the Website’s contents, services, and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Website.

Governing Law and Jurisdiction

All matters relating to the Website and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Florida without giving effect to any choice or conflict of law provision or rule (whether of the State of Florida or any other jurisdiction).

Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of Florida, in each case located in the City of Miami and County of Miami-Dade. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Arbitration

At Company's sole discretion, it may require you to submit any disputes arising from these Terms of Use or use of the Website, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Florida law.

Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Waiver and Severability

No waiver by the Company of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Entire Agreement

The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and bookme.com LLC regarding the Website and supersedes and replaces all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website.

Your Comments and Concerns

All feedback, comments, requests for technical support, and other communications relating to the Website should be directed to: info@bookme.com.

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