Terms of Services
Introduction to the Broker Buddy LLC Services Agreement
The Broker Buddy LLC Services Agreement is an agreement between you and Broker Buddy LLC (or one of its affiliates) that governs your use of Broker Buddy LLC consumer online products and services.
The Broker Buddy LLC Services Agreement contains binding arbitration and class action waiver terms that apply to U.S. residents. You and we agree to submit disputes to a neutral arbitrator and not to sue in court in front of a judge or jury, except in small claims court. Please see Section 11 for details.
Broker Buddy LLC Services Agreement
IF YOU LIVE IN (OR YOUR PRINCIPAL PLACE OF BUSINESS IS IN) THE UNITED STATES, PLEASE READ THE BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER IN SECTION 11. IT AFFECTS HOW DISPUTES ARE RESOLVED.
These terms (“Terms”) cover the use of those Broker Buddy LLC consumer products, websites, and services (the “Services”). You accept these Terms by creating a Broker Buddy LLC account, through your use of the Services, or by continuing to use the Services after being notified of a change to these Terms.
Your Privacy
We may collect information directly from you and from other sources to provide the products and services you have requested, to service your policy and to determine your eligibility for other products and services. We may collect the following categories of information about you from the following sources:
- Your Privacy. Your privacy is important to us. Where processing is based on consent and to the extent permitted by law, by agreeing to these Terms, you consent to Broker Buddy LLC’s collection, use and disclosure of your content and data. In some cases, we will provide separate notice and request your consent.
Code of Conduct
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Code of Conduct. You are accountable for your conduct and content when using the Services.
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By agreeing to these Terms, you’re agreeing that, when using the Services, you will follow these rules:
- Don’t do anything illegal, or try to generate or share content that is illegal.
- Don’t engage in any activity that exploits, harms, or threatens to harm children.
- Don’t send spam or engage in phishing, or try to generate or distribute malware. Spam is unwanted or unsolicited bulk email, postings, contact requests, SMS (text messages), instant messages, or similar electronic communications. Phishing is sending emails or other electronic communications to fraudulently or unlawfully induce recipients to reveal personal or sensitive information, such as passwords, dates of birth, Social Security numbers, passport numbers, credit card information, financial information, or other sensitive information, or to gain access to accounts or records, exfiltration of documents or other sensitive information, payment and/or financial benefit. Malware includes any activity designed to cause technical harm, such as delivering malicious executables, organizing denial of service attacks or managing command and control servers.
- Don’t publicly display or use the Services to generate or share inappropriate content or material (involving, for example, nudity, bestiality, pornography, offensive language, graphic violence, self-harm, or criminal activity).
- Don’t engage in activity that is fraudulent, false or misleading (e.g., asking for money under false pretenses, impersonating someone else, creating fake accounts, automating inauthentic activity, generating or sharing content that is intentionally deceptive, manipulating the Services to increase play count, or affect rankings, ratings, or comments).
- Don’t circumvent any restrictions on access to, usage, or availability of the Services (e.g., attempting to “jailbreak” an AI system or impermissible scraping).
- Don’t engage in activity that is harmful to you, the Services, or others (e.g., transmitting viruses, stalking, trying to generate or sharing content that harasses, bullies or threatens others, posting terrorist or violent extremist content, communicating hate speech, or advocating violence against others).
- Don’t violate or infringe upon the rights of others (e.g., unauthorized sharing of copyrighted music or other copyrighted material, resale or other distribution of Bing maps, or taking photographs or video/audio recordings of others without their consent for processing of an individual’s biometric identifiers/information or any other purpose using any of the Services).
- Don’t engage in activity that violates the privacy of others.
- Don’t help others break these rules.
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By agreeing to these Terms, you’re agreeing that, when using the Services, you will follow these rules:
Using the Services & Support
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Using the Services & Support.
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Broker Buddy LLC account.You’ll need a Broker Buddy LLC account to access many of the Services. Your Broker Buddy LLC account lets you sign in to products, websites and services provided by Broker Buddy LLC and some Broker Buddy LLC partners.
- Creating an Account. You can create a Broker Buddy LLC account by signing up online. You agree not to use any false, inaccurate or misleading information when signing up for your Broker Buddy LLC account. If you create a Broker Buddy LLC account on behalf of an entity, such as your business or employer, you represent that you have the legal authority to bind that entity to these Terms. You cannot transfer your Broker Buddy LLC account credentials to another user or entity. To protect your account, keep your account details and password confidential. You are responsible for all activity that occurs under your Broker Buddy LLC account.
- Account Use. You must use your Broker Buddy LLC account to keep it active. This means you must sign in at least once in a two-year period to keep your Broker Buddy LLC account or we will assume your Broker Buddy LLC account is inactive and will close it for you.
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Closing Your Account.
- You can cancel specific Services or close your Broker Buddy LLC account at any time and for any reason.
- If your Broker Buddy LLC account is closed (whether by you or us), a few things happen. First, your right to use the Broker Buddy LLC account to access the Services stops immediately. Second, we’ll delete Data or Your Content associated with your Broker Buddy LLC account or will otherwise disassociate it from you and your Broker Buddy LLC account (unless we are required by law to keep it, return it, or transfer it to you or a third party identified by you). You should have a regular backup plan as Broker Buddy LLC won’t be able to retrieve Your Content or Data once your account is closed. Third, you may lose access to products you’ve acquired.
- Work or School Accounts. You can sign into certain Broker Buddy LLC services with a work or school email address. If you do, you agree that the owner of the domain associated with your email address may be notified of the existence of your Broker Buddy LLC account and its associated subscriptions, control and administer your account, and access and process your Data, including the contents of your communications and files, and that Broker Buddy LLC may notify the owner of the domain if the account or Data is compromised. You further agree that your use of the Broker Buddy LLC services may be subject to the agreements Broker Buddy LLC has with you or your organization and these Terms may not apply. If you already have a Broker Buddy LLC account and you use a separate work or school email address to access Services covered under these Terms, you may be prompted to update the email address associated with your Broker Buddy LLC account in order to continue accessing such Services.
- Additional Equipment/Data Plans. To use many of the Services, you’ll need an internet connection and/or data/cellular plan. You might also need additional equipment, like a headset, camera or microphone. You are responsible for providing all connections, plans, and equipment needed to use the Services and for paying the fees charged by the provider(s) of your connections, plans, and equipment. Those fees are in addition to any fees you pay us for the Services and we will not reimburse you for such fees. Check with your provider(s) to determine if there are any such fees that may apply to you.
- Service Notifications. When there’s something we need to tell you about a Service you use, we’ll send you Service notifications. If you gave us your email address or phone number in connection with your Broker Buddy LLC account, then we may send Service notifications to you via email or via SMS (text message), including to verify your identity before registering your mobile phone number and verifying your purchases. We may also send you Service notifications by other means (for example by in-product messages). Data or messaging rates may apply when receiving notifications via SMS.
- Ending your Services. If your Services are canceled (whether by you or us), first your right to access the Services stops immediately and your license to the software related to the Services ends. Second, we’ll delete Data or Your Content associated with your Service or will otherwise disassociate it from you and your Broker Buddy LLC account (unless we are required by law to keep it, return it, or transfer it to you or a third party identified by you). As a result you may no longer be able to access any of the Services (or Your Content that you’ve stored on those Services). You should have a regular backup plan. Third, you may lose access to products you’ve acquired. If you have canceled your Broker Buddy LLC account and have no other account able to access the Services your Services may be canceled immediately.
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Broker Buddy LLC account.You’ll need a Broker Buddy LLC account to access many of the Services. Your Broker Buddy LLC account lets you sign in to products, websites and services provided by Broker Buddy LLC and some Broker Buddy LLC partners.
Service Availability
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Service Availability
- The Services or material or products offered through the Services may be unavailable from time to time, may be offered for a limited time, or may vary depending on your region or device. If you change the location associated with your Broker Buddy LLC account, you may need to re-acquire the material or applications that were available to you and paid for in your previous region.
- We strive to keep the Services up and running; however, all online services suffer occasional disruptions and outages, and Broker Buddy LLC is not liable for any disruption or loss you may suffer as a result. In the event of an outage, you may not be able to retrieve Your Content or Data that you’ve stored. We recommend that you regularly backup Your Content and Data that you store on the Services.
Updates to the Services or Software, and Changes to These Terms
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Updates to the Services or Software, and Changes to These Terms.
- We may change these Terms at any time, and we’ll tell you when we do. Using the Services after the changes become effective means you agree to the new terms. If you don’t agree to the new terms, you must stop using the Services and close your Broker Buddy LLC account.
- Sometimes you’ll need software updates to keep using the Services. We may automatically check your version of the software and download software updates or configuration changes. You may also be required to update the software to continue using the Services. Such updates are subject to these Terms unless other terms accompany the updates, in which case, those other terms apply. Broker Buddy LLC isn’t obligated to make any updates available and we don’t guarantee that we will support the version of the system or device for which you purchased or licensed the software, apps, content or other products.
- Additionally, there may be times when we need to remove or change features or functionality of the Service or stop providing a Service altogether. Except to the extent required by applicable law, we have no obligation to provide a re-download or replacement of any material, Digital Goods (defined herein), or applications previously purchased. We may release the Services or their features in a preview or beta version, which may not work correctly or in the same way the final version may work.
Software License
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Software License. Unless accompanied by a separate Broker Buddy LLC license agreement, any software provided by us to you as part of the Services is subject to these Terms.
- If you comply with these Terms, we grant you the right to install and use one copy of the software per device on a worldwide basis for use by only one person at a time as part of your use of the Services. The software or website that is part of the Services may include third-party code. Any third-party scripts or code, linked to or referenced from the software or website, are licensed to you by the third parties that own such code, not by Broker Buddy LLC. Notices, if any, for the third-party code are included for your information only.
- The software is licensed, not sold, and Broker Buddy LLC reserves all rights to the software not expressly granted by Broker Buddy LLC, whether by implication, estoppel, or otherwise. This license does not give you any right to, and you may not:
- circumvent or bypass any technological protection measures in or relating to the software or Services;
- disassemble, decompile, decrypt, hack, emulate, exploit, or reverse engineer any software or other aspect of the Services that is included in or accessible through the Services, except and only to the extent that the applicable copyright law expressly permits doing so;
- separate components of the software or Services for use on different devices;
- publish, copy, rent, lease, sell, export, import, distribute, or lend the software or the Services, unless Broker Buddy LLC expressly authorizes you to do so;
- transfer the software, any software licenses, or any rights to access or use the Services;
- use the Services in any unauthorized way that could interfere with anyone else’s use of them or gain access to any service, data, account, or network;
- enable access to the Services or modify any Broker Buddy LLC-authorized device by unauthorized third-party applications.
Payment Terms
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Payment Terms. If you purchase a Service, then these payment terms apply to your purchase and you agree to them.
- Charges. If there is a charge associated with a portion of the Services, you agree to pay that charge. The price stated for the Services excludes all applicable taxes and currency exchange settlements, unless stated otherwise. Taxes are calculated based on your location at the time your Broker Buddy LLC account was registered. We may suspend or cancel the Services if we do not receive an on time, full payment from you. Suspension or cancellation of the Services for non-payment could result in a loss of access to and use of your account and its content. Connecting to the Internet via a corporate or other private network that masks your location may cause charges to be different from those displayed for your actual location.
- Your Billing Account. To pay the charges for a Service, you will be asked to provide a payment method at the time you sign up for that Service. You agree to promptly update your account and other information, including your email address and payment method details, so we can complete your transactions and contact you as needed in connection with your transactions. Changes made to your billing account will not affect charges we submit to your billing account before we could reasonably act on your changes to your billing account.
- Billing. By providing Broker Buddy LLC with a payment method, you (i) represent that you are authorized to use the payment method you provided and that any payment information you provide is true and accurate; (ii) authorize Broker Buddy LLC to charge you for the Services or available content using your payment method; and (iii) authorize Broker Buddy LLC to charge you for any paid feature of the Services you choose to sign up for or use while these Terms are in force. We may bill you (a) in advance; (b) at the time of purchase; (c) shortly after purchase; or (d) on a recurring basis for subscription Services. Also, we may charge you up to the amount you have approved, and we will notify you in advance of any change in the amount to be charged for recurring subscription Services. We may bill you at the same time for more than one of your prior billing periods for amounts that haven't previously been processed.
- Recurring Payments. When you purchase the Services, you agree that you are authorizing recurring payments, and payments will be made to Broker Buddy LLC by the method and at the recurring intervals you have agreed to, until that Service is terminated by you or by Broker Buddy LLC. You must cancel your Services before the next billing date to stop being charged to continue your Services. We will provide you with instructions on how you may cancel the Services. By authorizing recurring payments, you are authorizing Broker Buddy LLC to store your payment instrument and process such payments as either electronic debits or fund transfers, or as electronic drafts from your designated account (for Automated Clearing House or similar payments), or as charges to your designated account (for credit card or similar payments) (collectively, "Electronic Payments"). If any payment is returned unpaid or if any credit card or similar transaction is rejected or denied, Broker Buddy LLC or its service providers reserve the right to collect any applicable return item, rejection or insufficient funds fee and process any such payment as an Electronic Payment.
- Refund Policy. Unless otherwise provided by law or by a particular Service offer, all purchases are final and non-refundable. If you believe that Broker Buddy LLC has charged you in error, you must contact us within 90 days of such charge. No refunds will be given for any charges more than 90 days old. We reserve the right to issue refunds or credits at our sole discretion. If we issue a refund or credit, we are under no obligation to issue the same or similar refund in the future. This refund policy does not affect any statutory rights that may apply.
- Canceling the Services. You may cancel a Service at any time, with or without cause. Cancelling paid Services stops future charges to continue the Service.
- Price Changes. We may change the price of the Services at any time and if you have a recurring purchase, we will notify you by email, or other reasonable manner, at least 15 days before the price change. If you do not agree to the price change, you must cancel and stop using the Services before the price change takes effect. If there is a fixed term and price for your Service offer, that price will remain in force for the fixed term.
- Payments to You. If we owe you a payment, then you agree to timely and accurately provide us with any information we need to get that payment to you. You are responsible for any taxes and charges you may incur as a result of this payment to you. You must also comply with any other conditions we place on your right to any payment. If you receive a payment in error, we may reverse or require return of the payment. You agree to cooperate with us in our efforts to do this. We may reduce the payment to you without notice to adjust for any previous overpayment.
- Bank Account Payment Method. You may register an eligible bank account with your Broker Buddy LLC account to use it as a payment method. Eligible bank accounts include accounts held at a financial institution capable of receiving direct debit entries (e.g., a United States-based financial institution that supports automated clearing house ("ACH") entries, a European financial institution that supports Single Euro Payments Area ("SEPA") or "iDEAL" in the Netherlands). Terms you agreed to when adding your bank account as a payment method in your Broker Buddy LLC account (e.g., the “mandate” in the case of SEPA) also apply. You represent and warrant that your registered bank account is held in your name or you are authorized to register and use this bank account as a payment method. By registering or selecting your bank account as your payment method, you authorize Broker Buddy LLC (or its agent) to initiate one or more debits for the total amount of your purchase or subscription charge (in accordance with the terms of your subscription service) from your bank account (and, if necessary, initiate one or more credits to your bank account to correct errors, issue a refund or similar purpose), and you authorize the financial institution that holds your bank account to deduct such debits or accept such credits. You understand that this authorization will remain in full force and effect until you remove your bank account information from your Broker Buddy LLC account. Contact customer support as outlined above in section 4.e as soon as possible if you believe you have been charged in error. Laws applicable in your country may also limit your liability for any fraudulent, erroneous or unauthorized transactions from your bank account. By registering or selecting a bank account as your payment method, you acknowledge that you have read, understand and agree to these Terms.
Choice of Law, Jurisdiction
- Choice of Law and Place to Resolve Disputes. If you live in (or, if a business, your principal place of business is in) the United States, the laws of the state where you live (or, if a business, where your principal place of business is located) govern all claims, regardless of conflict of laws principles, except that the Federal Arbitration Act governs all provisions relating to arbitration. You and we irrevocably consent to the exclusive jurisdiction and venue of the state or federal courts in New Jersey, for all disputes arising out of or relating to these Terms or the Services that are not heard in arbitration or small claims court.
Warranties
- Warranties. BROKER BUDDY LLC, AND OUR AFFILIATES, RESELLERS, DISTRIBUTORS, AND VENDORS, MAKE NO WARRANTIES, EXPRESS OR IMPLIED, GUARANTEES OR CONDITIONS WITH RESPECT TO YOUR USE OF THE SERVICES. YOU UNDERSTAND THAT USE OF THE SERVICES IS AT YOUR OWN RISK AND THAT WE PROVIDE THE SERVICES ON AN "AS IS" BASIS "WITH ALL FAULTS" AND "AS AVAILABLE." YOU BEAR THE ENTIRE RISK OF USING THE SERVICES. BROKER BUDDY LLC DOESN'T GUARANTEE THE ACCURACY OR TIMELINESS OF THE SERVICES. TO THE EXTENT PERMITTED UNDER YOUR LOCAL LAW, WE EXCLUDE ANY IMPLIED WARRANTIES, INCLUDING FOR MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, AND NON-INFRINGEMENT. YOU MAY HAVE CERTAIN RIGHTS UNDER YOUR LOCAL LAW. NOTHING IN THESE TERMS IS INTENDED TO AFFECT THOSE RIGHTS, IF THEY ARE APPLICABLE. YOU ACKNOWLEDGE THAT COMPUTER AND TELECOMMUNICATIONS SYSTEMS ARE NOT FAULT-FREE AND OCCASIONAL PERIODS OF DOWNTIME OCCUR. WE DO NOT GUARANTEE THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE OR THAT CONTENT LOSS WON'T OCCUR, NOR DO WE GUARANTEE ANY CONNECTION TO OR TRANSMISSION FROM THE COMPUTER NETWORKS.
Limitation of Liability
- Limitation of Liability. If you have any basis for recovering damages (including breach of these Terms), you agree that your exclusive remedy is to recover, from Broker Buddy LLC or any affiliates, resellers, distributors, and vendors, direct damages up to an amount equal to your Services fee for the month during which the loss or breach occurred (or up to $10.00 if the Services are free). You can't recover any other damages or losses, including direct, consequential, lost profits, special, indirect, incidental, or punitive. These limitations and exclusions apply even if this remedy doesn't fully compensate you for any losses or fails of its essential purpose or if we knew or should have known about the possibility of the damages. To the maximum extent permitted by law, these limitations and exclusions apply to anything or any claims related to these Terms, the Services, or the software related to the Services.
Binding Arbitration and Class Action Waiver
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Binding Arbitration and Class Action Waiver If You Live In (or, If a Business, Your Principal Place of Business Is In) the United States. We hope we never have a dispute, but if we do, you and we agree to try for 60 days, upon receipt of a Notice of Dispute, to resolve it informally. If we can’t, you and we agree to binding individual arbitration before the American Arbitration Association ("AAA") under the Federal Arbitration Act ("FAA"), and not to sue in court in front of a judge or jury. Instead, a neutral arbitrator will decide and the arbitrator’s decision will be final except for a limited right of review under the FAA. Class action lawsuits, class-wide arbitrations, private attorney-general actions, requests for public injunctions, and any other proceeding or request for relief where someone acts in a representative capacity aren’t allowed. Nor is combining individual proceedings without the consent of all parties. "We," "our," and "us" includes Broker Buddy LLC and Broker Buddy LLC’s affiliates.
- Disputes Covered—Everything Except IP. The term "dispute" is as broad as it can be. It includes any claim or controversy between you and us concerning the Services, the software related to the Services, the Services’ or software’s price, your Broker Buddy LLC account, marketing, communications, your purchase transaction, billing, or these Terms, under any legal theory including contract, warranty, tort, statute, or regulation, except disputes relating to the enforcement or validity of your, your licensors’, our, or our licensors’ intellectual property rights.
- Send a Notice of Dispute Before Arbitration. If you have a dispute that our customer service representatives can’t resolve and you wish to pursue arbitration, you must first send an individualized Notice of Dispute to Broker Buddy LLC.
- Small Claims Court Option. Instead of sending a Notice of Dispute, either you or we may sue the other party in small claims court seeking only individualized relief, so long as the action meets the small claims court’s requirements and remains an individual action seeking individualized relief. The small claims court must be in your county of residence (or, if a business, your principal place of business).
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Arbitration Procedure. The AAA will conduct any arbitration under its Commercial Arbitration Rules (or if you are an individual and use the Services for personal or household use, or if the value of the dispute is less than $75,000 whether or not you are an individual or how you use the Services, its Consumer Arbitration Rules). For more information, see www.adr.org or call 1-800-778-7879. Section 15 and these Terms govern to the extent they conflict with any applicable AAA rules. To initiate an arbitration, submit the Demand for to the AAA and mail a copy to us. The form must contain information that is specific to you and your claim. In a dispute involving $25,000 or less, any hearing will be telephonic or by videoconference unless the arbitrator finds good cause to hold an in-person hearing instead. Any in-person hearing will take place in your county of residence (or, if a business, your principal place of business). The arbitrator may award the same damages to you individually as a court could. The arbitrator may award declaratory or injunctive relief only to you individually to satisfy your individual claim, but not relief that would affect non-parties.
The arbitrator rules on all issues except that a court has exclusive authority: (i) to decide arbitrability, as well as formation, existence, scope, validity, and enforceability of this arbitration agreement; (ii) to decide whether the parties have complied with the pre-arbitration requirements (including the individualized Notice of Dispute and Demand for Arbitration forms); (iii) to enforce the prohibition on class, representative, private attorney-general, or combined actions or proceedings, or public injunctive relief; and (iv) to enjoin an arbitration from proceeding if it does not comply with this section 15.
If your Notice of Dispute involves claims similar to those of at least 24 other customers, and if you and those other customers are represented by the same lawyers, or by lawyers who are coordinating with each other, you and we agree that these claims will be “Related Cases.” Related Cases may only be filed in batches of up to 50 individual arbitrations at a time, and those individual arbitrations will be resolved in the following manner: (i) for the first batch, each side may select up to 25 of these Related Cases to be filed and resolved in individual arbitrations under this section 15; (ii) none of the other Related Cases may be filed or prosecuted in arbitration until the first batch of up to 50 individual arbitrations is resolved; and (iii) if, after that first batch, the parties are unable to informally resolve the remaining Related Cases, a second batch of Related Cases may be filed, where each side may select up to 25 of the Related Cases to be resolved in individual arbitrations under this section 15. This process of batched individual arbitrations will continue until the parties resolve all Related Cases informally or through individual arbitrations. A court has exclusive authority to enforce this paragraph, including whether it applies to a given set of claims, and to enjoin the filing or prosecution of arbitrations that do not comply with this paragraph.
- Rejecting Future Arbitration Changes. You may reject any change we make to section 11 (except address changes) by personally signing and sending us notice within 30 days of the change by U.S. Mail. If you do, the most recent version of section 11 before the change you rejected will apply.
- Severability. If, after exhaustion of all appeals, a court finds any part of this section 11 unenforceable as to any claim or request for a remedy, then the parties agree to arbitrate all claims and remedies subject to arbitration before litigating in court any remaining claims or remedies (such as a request for a public injunction remedy, in which case the arbitrator issues an award on liability and individual relief before a court considers that request). Otherwise, if any other part of section 11 is found to be unenforceable, the remainder will remain in effect (with an arbitration award issued before any court proceeding begins).
Miscellaneous
- Export Laws. You must comply with all domestic and international export laws and regulations that apply to the software and/or Services, which include restrictions on destinations, end users, and end use. For information on geographic and export restrictions, visit the applicable government websites for further information.
- Reservation of Rights and Feedback. Except as expressly provided under these Terms, Broker Buddy LLC does not grant you a license or any other rights of any type under any patents, know-how, copyrights, trade secrets, trademarks or other intellectual property owned or controlled by Broker Buddy LLC or any related entity, including but not limited to any name, trade dress, logo or equivalents. If you give to Broker Buddy LLC any idea, proposal, suggestion or feedback, including without limitation ideas for new products, technologies, promotions, product names, product feedback and product improvements ("Feedback"), you give to Broker Buddy LLC, without charge, royalties or other obligation to you, the right to make, have made, create derivative works, use, share and commercialize your Feedback in any way and for any purpose. You will not give Feedback that is subject to a license that requires Broker Buddy LLC to license its software, technologies or documentation to any third party because Broker Buddy LLC includes your Feedback in them. For questions or concerns regarding the above terms and conditions please contact us at [email protected].
- We can be reached at the following address: Broker Buddy LLC, 45 N. Broad Street, Ridgewood, NJ 07450.