Busy Life Software - Legal Notice

Legal Notice

Busy Life Software

These Terms of Service and all supplemental terms, as amended from time to time, govern your use of any online or mobile product or service to which you have access ("BLS Services") offered by Busy Life Software or any of its subsidiaries and affiliates (collectively, "BLS") for PC or mobile devices. 

These Terms of Service form a legally binding contract between you and BLS.  By using BLS Services, you affirm that you are at least 18 yBLSrs of age (or have reached the age of majority if that is not 18 years of age where you live) or that you have reviewed this Agreement with your parent or guardian and he or she assents to these Terms of Service on your behalf and takes full responsibility for your compliance with them.  You agree that you and/or your parent or guardian are fully able and competent to enter into the terms, conditions, obligations, representations and responsibilities set forth in these Terms of Service, and to abide and comply with these Terms of Service.

You agree to check terms.busylifesoftware.com periodically for new information and terms that govern your use of BLS Services.  BLS may modify the Terms of Service at any time.  Revisions to terms affecting existing BLS Services shall be effective thirty (30) days after posting at terms.busylifesoftware.com.  Terms for new BLS Services are effective immediately upon posting at terms.busylifesoftware.com>.

Table of Contents

1. BLS Account
2. Content
3. Entitlements
4. Use and Expiration of Content and Entitlements/General License Restrictions
5. Content and Entitlement Availability
6. Contributing Third Party Content to BLS Services
7. Contributing Your Own Content to BLS Services; License Grant to BLS and Others
8. Paid Services
9. Termination of BLS Services and Accounts
10. Cancellation of your Account
11. Rules of Conduct
12. Software, Utilities and Tools
13. Export Control Laws
14. Updates to BLS Services
15. Limitations on Warranty and Liability
16. Indemnification
17. Links to Third-Party Sites
18. General Terms
19. Entire Agreement

1. BLS Account

A BLS Account ("Account") may be required to access and use some BLS Services.  If you have questions about Account registration, please contact us by visiting support.busylifesoftware.com. 

To create a BLS Account, you must have an email address, and provide truthful and accurate information.  You must be eligible to use the BLS Service for which you are registering.  In addition, some BLS Services may require creation of a "user name" or a "user id" to represent you in reference to online purchases.  User names and user id’s are tied to your Account.  You may not use a user name or user id that is used by someone else, is vulgar or offensive, or otherwise violates the Terms of Service.

You are solely responsible for all activity on your Account.  Your Account may be terminated if you or someone else uses it to engage in activity that violates these Terms of Service or the Terms of Service of or BLS affinity online customers.  BLS will not ask you to reveal your password, or initiate contact with you asking for answers to your password security questions.

2. Content 

"Content" on busylifesoftware.com, qwikcart.com or BLS affinity sties includes software, technology, text, forum posts, chat posts, profiles, widgets, messages, links, emails, music, sound, graphics, pictures, video, code, and all audio visual or other material on or within busylifesoftware.com, qwikcart.com or BLS affinity sties, as well as the design and appearance of our websites.  All Content, is owned by BLS or its affiliates, subsidiaries, licensors or suppliers.  Content includes user-generated Content ("UGC").  BLS Content and UGC collectively shall be referred to as "Content."  BLS does not pre-screen all UGC and does not endorse, approve, or prescreen any UGC that you and other users may contribute to BLS Services.  You carry the entire risk of the completeness, accuracy or usefulness of Content found on BLS Services. 

BLS reserves the right (but has no obligation) to remove, block, edit, move or disable UGC that is objectionable to us for any reason.  The decision to remove UGC or other Content at any time is in BLS's sole and final discretion.  To the maximum extent permitted by applicable law, BLS does not assume any responsibility or liability for UGC or for any failure to or delay in removing UGC or other Content. 

You are solely responsible for your UGC and may be held liable for UGC that you post. 

3. Entitlements

"Entitlements" are licensed rights granted, awarded, provided and/or purchased by you to access and/or use online or off-line elements or features of BLS Services and/or products.  Entitlements include but are not limited to paid and free downloadable content, user interface, order retailing content, unlocked content, digital and/or virtual assets, rights of use tied to unlock keys or codes, serial codes and/or online authentication of any kind.

4. Use and Expiration of Content and Entitlements/General License Restrictions 

BLS grants you a personal, limited, non-exclusive license to use Content and Entitlements to which you have access for your personal, private, non-transferable, limited uses solely as set forth herein and as set forth in any additional documentation and/or agreements applicable to the BLS Services accessed by you.  Content and Entitlements and all other intellectual property rights in or on BLS Services as well as the products and services offered through BLS Services, are owned by BLS or BLS's third party licensors and is protected by United States and International copyright, trade dress, patent, and trademark laws, international conventions, and other laws protecting intellectual property and related proprietary rights. You may not copy or download any Content and/or Entitlements from any BLS Service unless you are expressly authorized to do so.  In addition, unless expressly authorized by BLS, you may not distribute, publicly perform or display, lease, sell, transmit, transfer, publish, edit, copy, create derivative works from, rent, sub-license, distribute, decompile, disassemble, reverse engineer or otherwise make unauthorized use of Content or Entitlements.  Any commercial use is prohibited.  You agree not to remove, obscure, or alter copyright, patent, trademark, or other proprietary rights notices affixed to Content.  Your rights are subject to your compliance with these Terms of Service as well as any other agreements applicable to the BLS Services you are using. 

BLS reserves all right, title and interest in Content, Entitlements and all associated copyrights, trademarks, and other intellectual property rights therein that are not expressly granted to you in these Terms of Service.  Your permitted use of Content and Entitlements described above is limited by the intellectual property rights of BLS and does not include any rights to other patents or intellectual property.  Making unauthorized copies or distribution of Content and/or Entitlements found on BLS Services may result in the termination of your BLS Account(s), prohibition on use of BLS Services, and further legal action.  Content and/or Entitlement owners may take criminal or civil action against you for unauthorized use of intellectual property. You agree to indemnify and hold harmless BLS from any unauthorized or illegal conduct by you, or through the use of your Account, on BLS Services.

5. Content and Entitlement Availability

Entitlements may only be held in BLS Accounts belonging to legal residents of countries where access to and use of Content and Entitlements is permitted.  Entitlements may be acquired only from BLS affiliates whose order retailing experience is being supported by BLS Service and Content, BLS itself or an authorized affinity of the retailer.  BLS or Licensed BLS affiliates, reserves the right to refuse your request(s) to acquire Entitlements, and BLS reserves the right to limit or block any request to acquire Entitlements for any reason. 

We do not guarantee that any Content or Entitlement will be available at all times or at any given time or that we will continue to offer particular Content or Entitlements for any particular length of time. We reserve the right to change and update Content and Entitlements without notice to you.  If you have not used your Entitlements or BLS Account for twenty four (24) months or more and your account has associated Entitlements, your Entitlements will expire and your BLS Account may be cancelled for non-use.  Once you have redeemed your Entitlements, that content is not returnable, exchangeable, or refundable for other Entitlements or for cash, or other goods or services. 

6. Contributing Third Party Content to BLS Services

BLS respects the intellectual property rights of others.  You must have the legal right to upload Content to BLS Services.  You may not upload or post any Content on BLS Services that infringes the copyright, trademark or other intellectual property rights of a BLS Licensed affiliate or other third party nor may you upload Content that violates the Licensed affiliates or any third party's right of privacy or right of publicity.  You may upload only Content that you are permitted to upload by the owner or by law. BLS may, without prior notice to you and in its sole judgment, remove Content that may infringe the intellectual property or other rights of a third party.  If you are a repeat infringer of BLS's or a third party's intellectual property or other rights, BLS may terminate your Account without notice to you.  If your Account(s) are terminated you will lose access to Entitlements associated with your Account.

7. Contributing UGC to BLS Services; License Grant to BLS and Others

When you contribute UGC to a BLS Service, you expressly grant to BLS a non-exclusive, perpetual, worldwide, complete, sub-licensable and irrevocable right to quote, re-post, publish, use, adapt, translate, archive, store, reproduce, modify, create derivative works from, syndicate, license, print, sublicense, distribute, transmit, broadcast, and otherwise communicate, and publicly display and perform the UGC, or any portion thereof, in any manner or form and in any medium or forum, whether now known or hereafter devised, without notice, payment or attribution of any kind to you or any third party.  You grant BLS all licenses, consents and clearances to enable BLS to use such UGC for such purposes.  You waive and agree not to assert any moral or similar rights you may have in such UGC.

If the BLS Service on which you contribute UGC permits Licensed affiliates other users to access and use that UGC as part of the BLS Service, then you also grant all other users of the relevant BLS Service the right to use, copy, modify, display, perform, create derivative works from, and otherwise communicate and distribute your UGC on or through the relevant BLS Service without further notice, attribution or compensation to you.

8. Paid Services

Some BLS Services require payment of a fee.  You must have an Account and pay the subscription or other fees to participate in these activities.  For information about subscription and other fees for particular services, visit support.busylifesoftware.com.

FEES ARE PAYABLE IN ADVANCE AND ARE NOT REFUNDABLE IN WHOLE OR IN PART.

BLS reserves the right to change our fees or billing methods at any time.  If you pay a periodic (e.g. monthly) subscription for an BLS Service, BLS will provide you with notice of any changes to the fees or billing methods at least thirty (30) days in advance by posting such changes on the BLS Service.  You are responsible for reviewing the BLS Service to obtain timely notice of such changes.  Your continued use of the BLS Service thirty (30) days or more after posting of the changes means that you accept such changes.  If any change is unacceptable to you, you may cancel your subscription at any time, but BLS will not refund any fees that may have accrued to your Account before cancellation of your subscription, and we will not prorate fees for any subscription.  If your use of BLS Services is subject to use or sales tax, then BLS may also charge you for any such taxes, in addition to the subscription or other fees.  For further information, visit support.busylifesoftware.com.
A. Payment Options.  You may pay fees using the methods available for the particular BLS Service and you agree to the terms and conditions applicable to each payment method you choose.  Payment methods may vary by BLS Service.  When you provide credit card or other payment information to BLS, you represent to BLS that you are the authorized user of the credit card or other payment method.  By agreeing to the BLS Terms of Service, you have agreed to permit BLS to automatically renew your subscription to an BLS Service by charging a valid credit card number which you have provided to BLS.  Your subscription will be automatically renewed thirty (30) days prior to the expiration of the term and each anniversary thereafter for a fee no greater than BLS's then-current price, excluding any promotional and discount pricing, unless you cancel your subscription.  You must provide current, complete, and accurate information for your billing account.  You must promptly update all information to keep your billing account current, complete, and accurate (such as a change in billing address, credit card number, or credit card expiration date), and you must promptly notify BLS and the BLS Licensed affiliate associated with charges against your canceled card, if your credit card is canceled (for example, for loss or theft).  Changes to such information can be made directly within your BLS Service, Content or by contacting Customer Service at support.busylifesoftware.com.  If you fail to update your BLS Service, Content  with current billing un-canceled card and information or any of the foregoing information, you agree that BLS may continue charging you for any subscription automatically renewed unless you cancel your subscription at least thirty (30) days prior to the expiration of the subscription.  BLS reserves the right to utilize third party credit card updating services to obtain current expiration dates on credit cards provided by you to BLS.  Customers who use a payment method other than credit card may incur an additional payment processing fee, and may not be able to automatically renew subscriptions.  For further information, visit support.busylifesoftware.com. 

As the Account holder, you are responsible for all charges incurred, including applicable taxes, and all purchases made by you or anyone that uses your Account, including your family or friends.

B. Trial Subscriptions.  For some BLS Services, BLS may offer a free trial subscription.  If you accept a free trial subscription, BLS will begin to bill your Account for that BLS Service when the free trial subscription expires, unless you cancel your subscription before that time.  You are always responsible for any internet service provider, telephone, wireless, data, WiFi and other connection fees that you may incur when using BLS Services, even when we offer a free trial subscription.  Trial subscriptions are not transferrable.

C. Fees Charged By Third-Party Sites and Vendors.  We may provide links to other web sites.  Some of these web sites may charge separate fees, which are not included in any subscription or other fees that you may pay to BLS.  Any separate charges or obligations that you incur in your dealings or with third parties are your responsibility.

9. Termination of BLS Services, Accounts and Entitlements For Consumers

BLS may terminate access to any online or mobile products and/or BLS Services at any time by giving you notice of such termination within the time period specified when you joined the particular BLS Service, or if no time period for notice of termination was specified, then within thirty (30) days of the date such notice is posted on the applicable product or BLS Service or on http://www.busylifesoftware.com or http://www.qwikcart.com  

BLS may also terminate your Account(s) (and access to all related Entitlements) for violation of this Terms of Service, illegal or improper use of your Account, illegal or improper use of BLS Licensed affiliate Terms of Service, or illegal or improper use of BLS Services, Content, Entitlement, products, or BLS's Intellectual Property as determined by BLS in its sole discretion.  You may lose your user name and user id as a result of Account termination.  If you have more than one (1) Account, BLS may terminate all of your Accounts and all related Entitlements.  In response to a violation of these Terms of Service or any other agreement applicable to BLS Services accessed by you, BLS may issue you a warning, suspend your Account, selectively remove, revoke or garnish Entitlements associated with your Account or immediately terminate any and all Accounts that you have established.  You acknowledge that BLS is not required to provide you notice before suspending or terminating your Account or selectively removing, revoking or garnishing Entitlements associated with your Account.  If BLS terminates your Account, you may not participate in an BLS Service directly or via any Licensed affiliate again without BLS's express permission.  BLS reserves the right to refuse to keep Accounts for, and provide BLS Services to, any individual.  You may not allow individuals whose Accounts have been terminated by BLS to use your Account.

If your Account, or a particular subscription for an BLS Service associated with your Account, is terminated, suspended and/or if any Entitlements are selectively removed, revoked or garnished from your Account, no refund will be granted, no Entitlements will be credited to you or converted to cash or other forms of reimbursement, and you will have no further access to your Account or Entitlements associated with your Account or the particular BLS Service.  If you believe that any action has been taken against your Account in error, please contact Customer Support at support.busylifesoftware.com.

10. Cancellation of your Account

You have the right to cancel your Account or a particular subscription to a BLS Service at any time.  If you do not agree to the terms in this Terms of Service, your sole remedy is to not use BLS Services or BLS Licensed affiliate Services and to cancel your Account or applicable subscriptions.  You understand and agree that the cancellation of your Account or a particular subscription is your sole right and remedy with respect to any dispute with BLS, including any dispute related to, or arising out of: (1) any term of this Terms of Service or BLS's enforcement or application of this Terms of Service; (2) the Content and Entitlements available through BLS Services or any change in Content or Entitlements provided through BLS Services; (3) your ability to access and/or use BLS Services and/or any Content or Entitlements thereon; or (4) the amount or type of fees, surcharges, applicable taxes, billing methods, or any change to the fees, applicable taxes, surcharges or billing methods for BLS Services and/or any Content or Entitlements thereon.

Contact BLS's Customer Service Department at support.busylifesoftware.com to cancel your Account.  BLS reserves the right to collect fees, surcharges or costs incurred before you cancel your Account or a subscription to an BLS Service.  You are also responsible for any amounts owed to third-party vendors or content providers before your cancellation.  Any delinquent or unpaid fees and other unresolved issues with BLS Services must be settled before you establish a new BLS Account.

11. Rules of Conduct

You may violate the Terms of Service if, as determined by BLS in its sole discretion, you:
- Post, transmit, promote, or distribute Content that is illegal.
- Transmit or facilitate distribution of Content that is harmful, abusive, hateful, racially, religiously or ethnically offensive, obscene, threatening, bullying, vulgar, sexually explicit, defamatory, infringing, invasive of personal privacy or publicity rights, encourages conduct that would violate a law or in a reasonable person's view, objectionable and/or inappropriate.  Hate speech is not tolerated.
- Use abusive, offensive, or defamatory user names and/or user id’s.
- Impersonate another person (including celebrities), indicate falsely that you are an BLS employee or a representative of BLS, or attempt to mislead others by indicating that you represent BLS or any of BLS's partners or affiliates.
- Attempt to get a password, account information, or other private information from anyone else on BLS Services.
- Upload any software or Content that you do not own or have permission to freely distribute.
- Violate any additional Rules of Conduct applicable to a specific BLS Service that you are using.
- Promote, encourage or take part in any illegal activity including hacking, cracking, taking advantage of exploits or cheats and/or distribution of counterfeit software.
- Upload files that contain a virus, worm, spyware, time bombs, corrupted data or other computer programs that may damage, interfere with or disrupt BLS Services.
- Use or distribute unauthorized "auto" software programs, "macro" software programs or other "cheat utility" software program or applications.
- Modify or attempt to modify any part of the BLS Service that BLS does not specifically authorize you to modify.
- Attempt to interfere with, hack into or decipher any transmissions to or from the servers for a BLS Service.

Specific BLS Services may also post additional rules that apply to your conduct on those services. 
You must also obey all federal, state, and local laws, regulations and rules that apply to your activities when you use BLS Services.  BLS reserves the right to terminate your Account and to prevent your use of any and all BLS Services if your Account is used to engage in illegal activity or to violate this Terms of Service. 

Unless otherwise specified and except for BLS Services directed to children under the age of thirteen (13), there is no requirement or expectation that BLS will monitor or record any online activity on BLS Services, including communications.  However, BLS reserves the right to monitor and/or record any online activity on BLS Services and you give BLS your express consent to monitor and record your activities.  BLS reserves the right to remove any content from any BLS Service at BLS's sole discretion.  BLS has no liability for your or any third party's violation of this Agreement.

If you encounter another user who is violating any of the Rules of Conduct, please report this activity to BLS using the "Help" or "Report Abuse" functions in the relevant BLS Service.


12. Software, Utilities and Tools

BLS Services may require or allow you to download software, software updates or patches, or other utilities and tools from BLS or its licensors onto your mobile device or personal computer ("BLS Software").  BLS and BLS Licensed affiliates grants to you a non-exclusive, limited license to use BLS Software solely for the purpose stated by BLS at the time the BLS Software is made available to you.  If an End User License Agreement or End User Access And License Agreement is provided with the BLS Software, your use of the BLS Software is subject to the terms of that license agreement.  You may not sub-license, or charge others to use or access BLS Software.  You may not translate, reverse-engineer, reverse-compile or decompile, disassemble or make derivative works from BLS Software.  You may not modify BLS Software or use it in any way not expressly authorized in writing by BLS.  You understand that BLS's introduction of various technologies may not be consistent across all platforms and that the performance of BLS Software and related BLS Services may vary depending on your mobile device, wireless connection, personal computer and other equipment.

From time to time, Busy Life Software may provide you with updates or modifications to BLS Software.  You understand that certain updates and modifications may be required in order to continue use the BLS Software and BLS Services.

13. Export Control Laws

BLS Software may be subject to United States export controls, and export controls of other jurisdictions.  By downloading BLS Software from BLS, you warrant that you are not located in any country, or exporting BLS Software to any person or place, to which the United States, the European Union, or any other jurisdiction has embargoed goods.

You agree to abide by U.S. and other applicable export control laws and not to transfer, by electronic transmission or otherwise, any Content or BLS Software subject to restrictions under such laws to a national destination prohibited by such laws, without first obtaining, and then complying with, any requisite government authorization.  You further agree not to upload to BLS Services any data or software that cannot be exported without prior written government authorization, including, but not limited to, certain types of encryption software.  The assurances and commitments in this Section shall survive termination of this Agreement.

14. Updates to BLS Services

IMPORTANT: BLS MAY FIND IT NECESSARY TO UPDATE, OR RESET CERTAIN PARAMETERS TO MAINTAIN RETAIL ORDERING PERFORMANCE AND USAGE OF BLS SERVICES.  THESE UPDATES OR "RESETS" MAY CAUSE YOU SETBACKS WITHIN THE RELEVANT SERVICE AND MAY AFFECT ORDERS, LISTS, SHOPPING CARTS, SHARED CARTS OR OTHER ENTITLEMENTS UNDER YOUR CONTROL.  BLS RESERVES THE RIGHT TO MAKE THESE UPDATES AND IS NOT LIABLE TO YOU FOR THESE CHANGES.

15. Limitations on Warranty and Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY AGREE THAT THE USE OF BLS SERVICES, BLS SOFTWARE, AND THE INTERNET IS AT YOUR SOLE RISK.  BLS SERVICES, BLS SOFTWARE, BLS PRODUCTS AND THIRD-PARTY SERVICES AND PRODUCTS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION.  NO WARRANTY IS GIVEN ABOUT THE QUALITY, FUNCTIONALITY, AVAILABILITY OR PERFORMANCE OF BLS SOFTWARE OR BLS SERVICES.  BLS DOES NOT ASSUME LIABILITY FOR INABILITY TO OBTAIN OR USE ANY CONTENT, ENTITLEMENTS, GOODS OR SERVICES.  BLS PROVIDES BLS SERVICES ON A COMMERCIALLY REASONABLE BASIS AND DOES NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE BLS SERVICES AT TIMES OR LOCATIONS OF YOUR CHOOSING, OR THAT BLS WILL HAVE ADEQUATE CAPACITY FOR BLS SERVICES AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHIC AREA. 

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH BLS OR ITS LICENSORS ARISING OUT OF OR RELATING TO BLS SERVICES AND/OR BLS PRODUCTS IS TO STOP USING BLS SERVICES, AND TO CANCEL YOUR BLS ACCOUNT.  YOU ACKNOWLEDGE AND AGREE THAT BLS, ITS LICENSORS, LICENSEES AND AFFILIATES ARE NOT LIABLE FOR ANY ACT OR FAILURE TO ACT BY THEM OR ANY OTHER PERSON REGARDING CONDUCT, COMMUNICATION OR CONTENT ON BLS SERVICES OR USE OF BLS SOFTWARE.  IN NO CASE SHALL BLS'S OR ITS LICENSORS', LICENSEES', AFFILIATES', EMPLOYEES', OFFICERS', OR DIRECTORS' (COLLECTIVELY, "BLS AFFILIATES") LIABILITY TO YOU EXCEED THE AMOUNT THAT YOU PAID TO BLS FOR BLS SERVICES.  IN NO CASE SHALL BLS OR BLS AFFILIATES BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF BLS SERVICES, BLS SOFTWARE, THE INTERNET OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF BLS SERVICES OR ACCOUNTS.  BLS ASSUMES NO LIABILITY FOR LOSS OF DATA, DAMAGE CAUSED TO YOUR SOFTWARE OR HARDWARE, AND ANY OTHER LOSS OR DAMAGE SUFFERED BY YOU OR ANY THIRD PARTY, WHETHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL AND  HOWEVER ARISING, AS A RESULT OF ACCESSING OR USING ANY BLS SERVICE, CONTENT, BLS SOFTWARE TO YOUR COMPUTER AND/OR DEVICE.

BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, BLS'S AND BLS AFFILIATES' LIABILITY SHALL BE LIMITED TO THE FULL EXTENT PERMITTED BY LAW.  BLS DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY THIRD PARTY PRODUCT OR SERVICE OFFERED THROUGH BLS AND WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

16. Indemnification

Upon BLS's request, you agree to defend, indemnify and hold harmless BLS and BLS Affiliates, contractors, vendors, and content providers from all liabilities, claims and expenses, including attorneys' fees, that arise from or relate to a breach of these Terms of Service for which you are responsible or in connection with your distribution of any Content on or through BLS Services.  Without limiting the generality of the foregoing, you agree to indemnify and hold BLS harmless for any improper or illegal use of your Account, including the illegal or improper use of your Account by someone to whom you have given permission to use your Account.  You agree that you will be personally responsible for your use of BLS Services and for all of your communication and activity on BLS Services, including any Content you contribute, and that you will indemnify and hold harmless BLS and BLS Affiliates from any liability or damages arising from your conduct on BLS Services, including any Content that you contribute.

BLS reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.  In that event, you shall have no further obligation to provide indemnification to BLS in that matter.  This Section shall survive termination of this Terms of Service. 

17. Links to Third-Party Sites

BLS Services may include hyperlinks to web sites operated by third parties including advertisers and other content providers.  Those sites may collect data or solicit personal information from you.  BLS does not control such web sites, and is not responsible for their content, privacy policies, or for the collection, use or disclosure of any information those sites may collect.

18. General Terms
A. Remedies.  You agree that this Terms of Service is not intended to confer and does not confer any rights or remedies upon any person other than the parties to this Terms of Service.  You also understand and agree that this Terms of Service, the BLS Privacy Policy and the Supplemental Terms incorporated into this Terms of Service, including BLS's enforcement of those policies, are not intended to confer, and do not confer, any rights or remedies upon any person.

B. Severability.  If any part of this Terms of Service is held invalid or unenforceable, that portion shall be interpreted in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of BLS, and the remaining portions shall remain in full force and effect.

C. Waiver.  The failure of BLS to exercise or enforce any right or provision of this Terms of Service will not constitute waiver of such right or provision.  Any waiver of any provision of this Terms of Service will be effective only if in writing signed by BLS.

D. Governing Law.  If you reside in a Member State of the European Union: (i) the laws of England, excluding its conflicts-of-law rules, govern this Terms of Service and your Account(s); and (ii) you expressly agree that exclusive jurisdiction for any claim or dispute with BLS or relating in any way to your Account(s) or your use of BLS Services resides in the Courts of England and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of England in connection with any such dispute including any claim involving BLS or its affiliates, employees, contractors, officers, directors, vendors and content providers.  If you reside elsewhere: (i) the laws of the State of California, excluding its conflicts-of-law rules, govern this Terms of Service and your Account(s); and (ii) you expressly agree that exclusive jurisdiction for any claim or dispute with BLS, arising out of or relating in any way to your Account(s) or your use of BLS Services resides in the federal and state courts within the jurisdiction of the United States District Court for the King County District of Washington, and you further agree and expressly consent to the exercise of personal jurisdiction in such courts in connection with any such dispute including any claim involving BLS or BLS Affiliates, subsidiaries, contractors, vendors and content providers.  As noted above, your conduct may also be subject to other local, state, national, and international laws.

19. Entire Agreement

The Terms of Service (including the BLS Privacy Policy reference into this document) and any posted rules or instructions regarding use of any ordering, retail ordering, customer history, shopping lists, activity, contest, or sweepstakes constitute the entire agreement between you and BLS relating to your rights and obligations in the use of BLS Services.  If there is any conflict between the Terms of Service and any other rules or instructions posted on an BLS Service, BLS shall resolve the conflict in its sole discretion.