Terms and Conditions for Bar Managers / Owners

Last Updated: 03/15/2024

Overview

Welcome to Line Less, LLC, doing business as Bibe ("Line Less LLC-Bibe", "we", "us", or "our"). These Terms and Conditions ("Terms") are specifically tailored for the Bar Manager Portal, a pivotal component of our Services that enables bar managers and venue owners to efficiently manage their venue’s presence on the Bibe platform, including the setup of venue details, menu offerings, and order management facilitated by the Bibe Tender app.

By accessing or using the Bar Manager Portal, you, as a bar manager or venue owner ("User", "You"), agree to be bound by these Terms, which govern your use of the Bar Manager Portal alongside our general website and any related products, services, and applications. These Terms are integral to ensuring a productive and secure environment for all users to manage their venue’s operations and enhance the customer experience through the Bibe platform.

Definitions:

• "Services" refers specifically to the Bar Manager Portal and any associated functionalities provided by Line Less LLC-Bibe to enable venue management and operations through our platform.

• "User", "You", and "Your" refer to bar managers, venue owners, and any staff members or representatives authorized to manage a venue's profile and operations on the Bibe platform.

We urge you to review these Terms carefully and familiarize yourself with the responsibilities and requirements associated with the use of the Bar Manager Portal. Additionally, we recommend reviewing our Privacy Policy [insert link], which outlines our practices regarding the collection, use, and protection of personal information.

Your access to and use of the Bar Manager Portal require compliance with these Terms, including any updates or modifications made periodically. We will make reasonable efforts to notify you of significant changes, but it is your responsibility to review these Terms regularly to ensure continued compliance and understanding of your obligations.

For any inquiries or further clarification about these Terms or the Services provided, please contact us at [contact information].

Acceptance of Terms

Welcome to the Bar Manager Portal offered by Line Less LLC-Bibe. By accessing or using our Services, you enter into a legally binding agreement with us based on these Terms and Conditions ("Terms"), including any policies and documents they reference, such as our Privacy Policy. Before using the Services, please review these Terms and our Privacy Policy carefully.

Key Points:

• Binding Agreement: Agreeing to these Terms is required to use our Services. If you do not agree, please do not use the Services.

• Privacy Policy: Our Privacy Policy forms part of these Terms. By agreeing to these Terms, you also agree to the way we handle your data as described in the Privacy Policy.

• Authority to Accept: If you're using the Services on behalf of a business or entity, you confirm you have the authority to bind that entity to these Terms.

Updates to Terms:

• We may update these Terms at any time. When we do, we will post the revised version on this page with an updated "Last Updated" date.

• We will make reasonable efforts to notify you of significant changes, but it's your responsibility to review these Terms regularly.

• Your continued use of the Services after any changes indicates your acceptance of the new Terms. If you do not agree to the updated Terms, you should discontinue using the Services immediately.

Opt-Out: If you disagree with any future changes, you have the option to discontinue using the Services and, where applicable, delete your account.

Your understanding and agreement to these Terms, including any updates, are essential for your use of our Services. For any questions or concerns, please reach out to us at information@bibeonline.com

General Conditions

We reserve the right to refuse to provide the Services to anyone for any reason at any time. We may, at our discretion, change, add, or remove features, products, or functionalities of the Services, or suspend or stop the Services altogether, with or without notice. These actions can be taken at any time and for any reason. We are not liable to you or to any third party for any modification, suspension, or discontinuance of the Services.

The Services, including the Site, are not intended for use by children. You must be at least 21 years old to use the Services. By agreeing to these Terms, you represent and warrant that (a) you are over 21 years old and at least the age of majority in your jurisdiction of residence, or (b) you are the age of majority in your jurisdiction of residence and have given us your consent to allow any of your minor dependents to use the Services.

Furthermore, by using the Services, you acknowledge and agree that you are responsible for maintaining a safe environment at your venue. This includes, but is not limited to, the responsibility for:

• Monitoring and managing the consumption of alcohol to prevent over-intoxication of patrons.

• Ensuring the safety of both patrons and staff, including taking measures to prevent alcohol-related injuries and incidents.

• Complying with all local, state, and federal laws and regulations regarding the service of alcohol.

You represent and warrant that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder. Nothing contained in these Terms or in the performance of such obligations will place you in breach of any other contract or obligation. It is your responsibility to ensure that your actions, and the actions of your employees and agents, including bartenders, adhere to these standards to foster a safe and responsible drinking environment.

Access to Services

Account Creation and Use:

To access and use certain features of our Services, you must create an account. You are solely responsible for maintaining the confidentiality of your account information, including your username and password. You agree not to share this information or transfer your account to another party without our explicit written permission. You are liable for all activities that occur under your account.

You must ensure that all information provided during the account creation process is true, accurate, and up-to-date. It is your responsibility to update your information as necessary to keep it current. Accounts must only be created for your personal or business use, and impersonating others or creating accounts on behalf of others without their consent is strictly prohibited.

Security and Compliance:

You are responsible for taking reasonable steps to ensure the security of your account. This includes using strong passwords and safeguarding your login credentials. In the event of any unauthorized use of your account or other security breaches, you must notify us immediately.

Our Services must be used in accordance with these Terms and in compliance with all applicable local, state, and federal laws and regulations, especially those relating to the responsible service of alcohol. Engaging in illegal or objectionable activities through the use of our Services is prohibited. Such violations may result in the immediate termination of your account and access to our Services, without notice.

In the case of account termination due to violations, Line Less LLC-Bibe reserves the right to hold you liable for any outstanding amounts owed to us or any damages arising from your use of the Services.

Account Termination and Liability:

We reserve the right to remove or reclaim any accounts at our discretion and for any reason, including but not limited to, a violation of these Terms, illegal activities, or inactivity.

By using our Services, you acknowledge and agree to these terms of access. Failure to comply with these guidelines may result in the termination of your account and legal action if necessary, to recover damages or enforce these Terms.

Accuracy and Completeness of Information and Prices

While we strive to provide accurate, complete, and up-to-date information through our Services, we cannot guarantee the absolute accuracy, completeness, or reliability of the information available, including but not limited to prices, product descriptions, availability, and other relevant data. Information on the Services may contain errors, inaccuracies, or omissions, including those related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information at any time without prior notice.

Disclaimer of Liability:

We shall not be liable for any errors or omissions in the information provided on the Services nor for any loss or damage of any kind incurred as a result of the use of or reliance on any information made available through the Services. The reliance on any such information is solely at your own risk.

User Responsibility:

We encourage all users to independently verify the accuracy and completeness of the information provided on the Services before making any decisions based on such information, especially decisions that could result in loss or harm.

Updates and Modifications:

We are not obligated to update information provided on the Services except as required by applicable law or regulatory requirements. Our commitment is to maintain the relevance and accuracy of the information, and we will endeavor to promptly address any reported inaccuracies or omissions.

By using our Services, you acknowledge and agree that it is your responsibility to monitor changes to the information contained within.

Intellectual Property Rights; Data Rights; User Content

Intellectual Property Rights:

The Services, including all materials, content, and features therein, branded as Line Less LLC-Bibe ("Content"), are protected by copyright, patent, trademark, and other intellectual property laws. This Content encompasses, but is not limited to, text, graphics, logos, images, software, and the distinctive branding and design of Line Less LLC-Bibe. All rights are reserved, and use of Line Less LLC-Bibe Content without explicit authorization from us is strictly prohibited.

Data Rights:

Information obtained through your use of the Services, including data analytics, user feedback, and interaction data, may be used for purposes such as enhancing service functionality, development, analytics, and sharing with affiliates, partners, or advertisers. All such use will be in compliance with our Privacy Policy and applicable laws, ensuring the protection of your privacy and data security.

User Content:

Content generated, uploaded, or otherwise provided by users of the Services ("User Content") remains the intellectual property of the respective users. By providing User Content to the Services, users grant Line Less LLC-Bibe a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, display, distribute, and otherwise exploit the User Content in connection with the Services. This includes the right to sublicense these rights for the purpose of providing and promoting the Services.

Content Review and Removal:

While Line Less LLC-Bibe is not obligated to review User Content, we reserve the right to do so and to delete, edit, or refuse to post any User Content at our sole discretion, particularly if the content violates these Terms, applicable laws, or infringes on intellectual property rights.

Disclaimers and Limitations of Liability:

Line Less LLC-Bibe makes no warranties regarding the accuracy, reliability, or completeness of User Content and is not liable for any errors, omissions, or damages arising from its use or display on the Services. We do not endorse or assume responsibility for User Content, and users post and interact with such content at their own risk.

For the "Intellectual Property Rights; Data Rights; User Content" section, and the "Third-Party Services" section, it's crucial to clearly articulate the legal boundaries, rights, and responsibilities to protect your platform while providing fair use guidelines to your users. Here are suggestions for enhancing these sections:

Intellectual Property Rights; Data Rights; User Content

Intellectual Property Rights:

All content displayed on or through our Services, including but not limited to texts, graphics, logos, images, and software (collectively, "Line Less LLC-Bibe Content"), is the exclusive property of Line Less LLC-Bibe and/or its licensors and is protected under copyright, patent, trademark, and other intellectual property or proprietary rights laws. Unauthorized use, reproduction, or distribution of Line Less LLC-Bibe Content is strictly prohibited without our express written permission.

Data Rights:

We may collect, use, and share information obtained from or about you through the Services for various purposes, including but not limited to analytics, service improvement, and marketing. Such use will be in accordance with our Privacy Policy. By using the Services, you consent to such data practices.

User Content:

You retain ownership over all content that you submit, post, or display on or through the Services ("User Content"). However, by providing User Content, you grant Line Less LLC-Bibe a non-exclusive, worldwide, royalty-free, perpetual, and transferable license to use, reproduce, modify, adapt, publish, and display such User Content in connection with providing and promoting the Services. Line Less LLC-Bibe reserves the right, but not the obligation, to review, monitor, delete, or edit User Content at its discretion without notice. We make no warranties regarding the accuracy, quality, or integrity of User Content and are not liable for any claims or damages resulting from it.

Third-Party Services

The Services may include links to or integrations with services provided by third parties ("Third-Party Services"), which are not under the control of Line Less LLC-Bibe. These Third-Party Services are governed by their own terms of use and privacy policies. Interactions with Third-Party Services, including the use of any linked websites or services, are solely at your own risk. Line Less LLC-Bibe does not endorse, and is not responsible or liable for, the content, practices, or performance of any Third-Party Services.

​Terms for Purchases Made Through the Services

These Terms specifically govern all purchases made through our Services. By making a purchase, you agree to these conditions in addition to our general Terms and Conditions.

Purchase Eligibility: Purchases are only available to individuals who meet our eligibility criteria, including age restrictions. By initiating a purchase, you confirm that you comply with these criteria.

Accuracy of Information: It is your responsibility to ensure all purchase information is accurate and complete. Incorrect information may lead to order delays or cancellations. Line Less LLC-Bibe is not liable for errors resulting from inaccurate information provided by the user.

Order Acceptance and Cancellation: Orders are not final until accepted by Line Less LLC-Bibe. We reserve the right to cancel orders at any stage of processing for reasons including but not limited to, product availability, errors in product or pricing information, or limitations on quantities. We will communicate any cancellations or limitations to you as soon as possible.

Payment and Billing: All purchases require full payment at the time of the order using our accepted payment methods. Failure to complete payment may result in order cancellation or account restrictions.

Limitations on Quantity: We reserve the right to limit quantities of items purchased per order, per household, or per customer for any reason. These restrictions will be communicated through the Services.

Ticket Terms: Tickets purchased through the Services are valid for the event and date specified at the time of purchase, unless otherwise stated. Line Less LLC-Bibe is not responsible for unused tickets or the inability to redeem tickets.

Venue Entry: Admission to events and venues is at the sole discretion of the venue operators. Line Less LLC-Bibe has no control over and is not responsible for the admission policies or decisions of any venue.

Liability for Unredeemed Tickets: Line Less LLC-Bibe is not liable for any loss or damage arising from unredeemed tickets or denied entry to any event or venue. It is your responsibility to comply with the terms and conditions of the venue.

By making a purchase through our Services, you acknowledge and agree to these terms. For further information or inquiries regarding purchases, please contact our customer service team.

Intellectual Property Rights

All content provided through our Services, including, but not limited to, text, graphics, logos, images, video clips, digital downloads, software, and the distinctive "look and feel" of the Services, is the property of Line Less LLC-Bibe or its content suppliers and protected by United States and international copyright, patent, and trademark laws, as well as other intellectual property laws and treaties. This includes all derivatives and compilations of such content.

Permitted Use: The content is made available for your personal, non-commercial use only. You may not copy, reproduce, republish, upload, post, transmit, or distribute any content from the Services without the prior written permission of Line Less LLC-Bibe or the respective licensors. This restriction includes copying or adapting the HTML code used to generate web pages on the Services.

Trademark Information: The trademarks, logos, and service marks displayed on the Services ("Marks") are the property of Line Less LLC-Bibe or other third parties. You are not permitted to use these Marks without the prior written consent of Line Less LLC-Bibe or such third party which may own the Mark.

Software: Any software, including any files, images generated by the software, and data accompanying the software (collectively, "Software"), used or accessible through the Services is licensed to you by Line Less LLC-Bibe for your personal, non-commercial use only. We do not transfer title to the Software to you. You may own the medium on which the Software is recorded, but Line Less LLC-Bibe retains full and complete title to the Software and all intellectual property rights therein.

Reporting Infringements: If you believe that your work has been copied in a way that constitutes copyright infringement, or if you are aware of any infringing material on the Services, please contact us at [insert contact information for copyright claims].

Consequences of Violation: Violating the intellectual property rights of Line Less LLC-Bibe or third parties may result in legal actions against you, including but not limited to civil damages and criminal penalties. Additionally, it may lead to the termination of your account and access to our Services.

Your respect for the intellectual property rights of Line Less LLC-Bibe and others is appreciated. For any questions regarding this section, please contact us.

Your "User Content" section outlines the rights and responsibilities regarding content users provide to the Services. To further strengthen this section and ensure clarity and fairness, consider the following enhancements:

• Clarification of Ownership and License Grant: Emphasize that while users retain ownership of their User Content, they grant Line Less LLC-Bibe extensive rights to use this content. Make clear distinctions between ownership and the rights being licensed to you.

• Purpose of Use: Specify the purposes for which Line Less LLC-Bibe can use the User Content, highlighting that these uses are primarily for operating, promoting, and improving the Services, as well as developing new ones.

• User Representations: Include representations and warranties by the user that they have the necessary rights and permissions to grant this license for the content they submit and that their content does not infringe on the rights of any third parties.

• Moral Rights Waiver: Clarify the extent of the moral rights waiver, if applicable, particularly highlighting the legal significance of such a waiver and its implications for the user's content.

• Rights of Other Users: Explain the scope of the license granted to other users of the Services to access User Content, ensuring it's understood this access is limited to viewing and interacting with the content within the framework of the Services.

• Confidentiality and Privacy: Reinforce that while User Content may not be treated as confidential, the privacy of personal information will still be protected in accordance with your Privacy Policy.

User Content

When you upload, post, or otherwise make available any content to the Services, including but not limited to pictures, videos, posts, and feedback ("User Content"), you retain ownership of such content. However, by providing User Content to Line Less LLC-Bibe, you grant us a non-exclusive, worldwide, perpetual, transferable, sublicensable, royalty-free license to use, copy, modify, adapt, translate, prepare derivative works from, distribute, publicly display, and perform that User Content across different media for the purpose of operating, promoting, and improving our Services, and to develop new ones. This license includes the right for Line Less LLC-Bibe to make the User Content available to other companies, organizations, or individuals who partner with Line Less LLC-Bibe for the syndication, broadcast, distribution, or publication of such User Content on other media and services.

You represent and warrant that you own or have the necessary licenses, rights, consents, and permissions to grant these licenses to us. You also affirm that your User Content does not and will not infringe upon the intellectual property rights or other rights of any third party.

Moral Rights: To the extent allowed by law, you also waive any moral rights you may have in your User Content and agree not to assert such rights against Line Less LLC-Bibe. This waiver is for the purpose of allowing us to freely use and distribute your Content in any way we see fit, without further permission from or payment to you or any third party.

Access by Other Users: You grant each user of the Services a non-exclusive license to access your User Content through the Services, and to use, reproduce, distribute, display, and perform such Content as permitted through the functionality of the Services and under these Terms.

Privacy and Confidentiality: While your User Content may be publicly accessible, Line Less LLC-Bibe respects your privacy, and personal information will be treated in accordance with our Privacy Policy. Non-personal information or content you submit to the Services will not be considered confidential and may be used by Line Less LLC-Bibe in its discretion.

By submitting User Content to Line Less LLC-Bibe, you acknowledge that you understand and agree to these terms, ensuring a respectful and lawful use of the Services.

​Additional Terms

User Responsibility: By using our Services, you acknowledge and agree that you are solely responsible for any User Content you submit, post, or display. This responsibility includes ensuring the legality, reliability, accuracy, and appropriateness of your User Content. You, not Line Less LLC-Bibe, assume all risks associated with your User Content, including others’ reliance on its quality or accuracy and any personal information you choose to disclose.

Ownership and Permissions: You affirm that you have the necessary ownership, rights, consents, and permissions to use and authorize Line Less LLC-Bibe to use all User Content as outlined in these Terms. You must not imply or state that your User Content is sponsored or endorsed by Line Less LLC-Bibe without our explicit written consent.

Line Less LLC-Bibe’s Rights: Although Line Less LLC-Bibe is not obligated to monitor User Content, we reserve the right, at our sole discretion, to review, edit, or delete User Content at any time, for any reason, including for compliance with these Terms, without notice. Our failure to enforce these rights does not constitute a waiver of such rights.

Disclaimer of Liability: Line Less LLC-Bibe is not liable for any damages, losses, or harm resulting from User Content, including but not limited to, reliance by you or any third party on the User Content’s accuracy or reliability, or from the modification, suspension, or removal of any User Content. This disclaimer applies even if Line Less LLC-Bibe has been advised of the possibility of such damages.

No Endorsements or Warranties: Line Less LLC-Bibe makes no representations or warranties regarding the accuracy, reliability, completeness, or timeliness of any User Content posted on the Services, nor do we endorse any User Content. Any reliance on material posted by other users or third parties through our Services is at your own risk.

By contributing User Content to the Services, you agree to these terms, acknowledging the scope of your responsibilities and the limitations of Line Less LLC-Bibe’s liability concerning User Content.

Pricing

Price Changes: Prices for our products and services are subject to change without prior notice. We strive to ensure accuracy and fairness in the pricing listed on our Services; however, market conditions and operational costs may necessitate adjustments. When possible, we will endeavor to notify users of significant price changes through the Services or via email, though this is not guaranteed.

Taxes and Fees: The total price of your purchase will include the listed price of the product or service plus any applicable sales tax, value-added tax (VAT), or other governmental fees and charges. These taxes and fees vary depending on the jurisdiction in which the transaction occurs and are determined according to local tax laws.

Order Cancellation: In the event of a pricing error on our Services, we reserve the right to cancel any orders affected by such errors. We will notify you of such cancellations as soon as possible. Our goal in these situations is to ensure fairness and accuracy in all transactions.

Refunds and Price Adjustments: Should the price of a product or service decrease shortly after your purchase, we do not offer refunds or adjustments for the difference. We encourage users to review their purchases carefully and make informed decisions based on the current pricing information provided.

Price Guarantees and Matching: [If applicable, include information about any price guarantee or price matching policies you offer. If not applicable, this section can be omitted.]

By making a purchase through our Services, you acknowledge and agree to our pricing terms and understand that it is your responsibility to stay informed about the current prices of our products and services.

Communications

Consent to Electronic Communications: By using our Services, you expressly consent to receive electronic communications from us, including emails, autodialed or prerecorded calls, and text messages. These communications may encompass promotional offers, service updates, transactional notifications, and other information related to the Services or your account.

Types and Purpose of Communications: We aim to enhance your experience and keep you informed about our Services through various forms of communication. You can expect to receive updates on new features, offers, alerts, and necessary service-related notices.

Opting Out: You have the right to withdraw your consent to receive electronic communications at any time. To opt out of promotional emails, follow the unsubscribe link located at the bottom of each email. For text messages, you can opt out by replying STOP to any message. Please note that opting out of certain communications may impact your use of the Services.

Privacy and Security: We are committed to protecting your privacy and securing your personal information. Communications, especially those routed through phone and text, may be conducted via a third-party service provider. We ensure that all third-party providers adhere to our privacy standards and employ adequate security measures to protect your information.

Legal Compliance: All communications sent to you electronically will comply with applicable laws and regulations, fulfilling any legal requirements for communication in electronic form. We are dedicated to maintaining the highest standards of legal compliance in all communications.

By agreeing to these Terms, you acknowledge your consent to receive electronic communications from us and confirm your understanding of your rights and our commitments as outlined above.

SMS Terms

Opt-In to SMS Services: By signing up for SMS text messages in connection with our Services, you are expressly consenting to receive text messages from us regarding our products, services, and promotions. This may include updates, alerts, and other information related to your use of the Services.

Authorization and Consent: You confirm that you are either the subscriber or the customary user of the mobile number associated with the opt-in and that you have the authority to approve charges that may arise from receiving text messages. By opting in, you agree to these Terms and consent to the use of an electronic record to document your opt-in to receive SMS messages.

Message Frequency: The number of SMS messages you receive may vary depending on your interaction with our Services, but you will not receive more than X messages per month.

Message and Data Rates: Please be aware that message and data rates may apply for any SMS messages sent to or received from us. Charges are billed by and payable to your mobile service provider.

Opting Out: If you wish to stop receiving SMS messages from us at any time, you can text STOP in response to any message. This will opt you out of further SMS communications.

Help Information: For assistance with our SMS service, text HELP in response to any message or contact our customer support team at [contact information].

Privacy: We are committed to protecting your privacy. Your mobile number will only be used for the delivery of SMS messages as described in these SMS Terms. We implement robust security measures to safeguard your personal information from unauthorized access.

By opting into SMS communications, you acknowledge and agree to these terms, confirming your consent to receive text messages from us under the conditions outlined above.

Disclaimer of Warranties

The Services provided by Line Less LLC-Bibe are offered to you on an "AS IS" and "AS AVAILABLE" basis, without any representation or endorsement made and without warranty of any kind, whether express, implied, or statutory. Line Less LLC-Bibe expressly disclaims all warranties, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We make no warranties or representations about the accuracy, reliability, completeness, or timeliness of the Services, content, software, text, graphics, links, or communications provided on or through the use of the Services.

We do not guarantee that the Services will meet your expectations or requirements; that the Services will be uninterrupted, timely, secure, or error-free; that the results obtained from the use of the Services will be accurate, reliable, or otherwise meet your expectations; or that any errors in the Services will be corrected.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above disclaimers may not apply to you to the extent that they relate to implied warranties or consumer rights that cannot be waived under the law applicable to you.

By using the Services, you acknowledge and agree that your use of the Services is at your sole risk and that you assume full responsibility for all risks associated therewith. This disclaimer constitutes an essential part of these Terms.

Limitation of Liability

To the fullest extent permitted by applicable law, Line Less LLC-Bibe, including its officers, directors, employees, affiliates, agents, contractors, suppliers, service providers, or licensors, shall not be liable for any indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses, arising out of or in connection with our Services, or any products procured using the Services. This limitation applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, and even if Line Less LLC-Bibe has been advised of the possibility of such damage.

The scope of this limitation of liability includes, but is not limited to, any errors or omissions in any content, unauthorized access to or alteration of your transmissions or data, and any other loss or damage of any kind incurred as a result of the use of the Services or any content (or product) posted, transmitted, or otherwise made available via the Services.

Notwithstanding the foregoing, nothing in these Terms shall limit or exclude our liability for any loss or damage for which limiting or excluding liability is not permitted by applicable law. Your statutory rights as a consumer, if any, are not affected by these Terms.

The total aggregate liability of Line Less LLC-Bibe to you for all claims arising from the use of the Services or any product included but not limited to any cause of action in contract, tort, or strict liability, will not exceed the lesser of your actual damages or $100.00. This cap on liability reflects the allocation of risk between the parties and is an essential element of the basis of the bargain between you and Line Less LLC-Bibe.

By using our Services, you acknowledge that you have read, understood, and agree to these limitations of liability, recognizing the shared risk inherent in the use of online platforms and agreeing to assume such risk up to the limit specified herein.

Indemnity

You agree to indemnify, defend, and hold harmless Line Less LLC-Bibe, its officers, directors, employees, affiliates, agents, contractors, suppliers, service providers, and licensors to the fullest extent permitted by law from and against any and all claims, liabilities, damages, losses, costs, and expenses, including reasonable attorneys' fees, arising out of or in any way connected with your use of the Services, your breach or alleged breach of these Terms, your violation of any laws, rules, regulations, codes, statutes, ordinances, or orders of any governmental and quasi-governmental authorities, or your violation of the rights of any third party.

This indemnification obligation will include, but is not limited to, any claims relating to the improper use of the Services, any activity related to your account by you or any other person, and any content that you submit, post, transmit, or make available through the Services.

In the event of a claim requiring indemnification, we will provide you with prompt notice of such claim, suit, or proceeding. Your indemnification obligation includes the requirement to provide cooperation, at your expense, in the defense of any such claim. Line Less LLC-Bibe reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which event you will still be required to indemnify Line Less LLC-Bibe for the defense costs.

It is understood that the indemnity obligations herein are in addition to, not in lieu of, any other remedies that may be available to Line Less LLC-Bibe under applicable law.

Dispute Resolution: Binding Arbitration and Class Action Waiver

Informal Dispute Resolution: Before pursuing formal dispute resolution, you and Line Less LLC-Bibe agree to first attempt to resolve any dispute informally. To initiate this process, you must send a written description of the dispute, including the facts and circumstances leading to it, to [insert contact information]. We will do the same if we have a dispute with you. Both parties agree to negotiate in good faith to resolve the dispute.

Binding Arbitration: If we cannot resolve our dispute informally within sixty (60) days after receiving the written description, both you and Line Less LLC-Bibe agree to resolve any remaining disputes through binding arbitration, excluding any disputes explicitly identified in Section A3. Binding arbitration means that an arbitrator, not a judge or jury, will decide the dispute, and the arbitrator’s decision will be final and binding.

Arbitration Procedures: The arbitration will be conducted by a neutral arbitration body, in accordance with its rules and procedures. Specifics regarding the arbitration process, including selection of an arbitrator, will be provided at the time the arbitration is initiated.

Class Action Waiver: You and Line Less LLC-Bibe each waive any right to pursue disputes on a class-wide basis. Arbitrations will be conducted on an individual basis, and neither you nor Line Less LLC-Bibe can join or consolidate claims in arbitration by or against other customers or litigate in court or arbitrate any claims as a representative or member of a class.

Opt-Out Option: If you do not wish to be bound by this binding arbitration and class action waiver provision, you have the option to opt out. To do so, you must notify Line Less LLC-Bibe in writing within 30 days of the date that you first agree to these Terms. Include your name, address, account username, and a clear statement that you do not wish to resolve disputes with Line Less LLC-Bibe through arbitration.

Exclusions: Disputes that qualify for small claims court and certain intellectual property disputes may be excluded from this arbitration agreement as detailed in Section A3.

By agreeing to these Terms, you acknowledge that you understand the arbitration process and waive your rights to a trial by jury and to participate in class actions.

A2. Formal Dispute Resolution through Binding Arbitration

Arbitration Process: Should informal dispute resolution efforts fail, any disputes arising out of or related to these Terms or their execution, including disputes over their interpretation or enforceability, will proceed to binding arbitration. This arbitration will take place in the state of your residence or another mutually agreed-upon location and will be governed by the laws of the jurisdiction in which the arbitration occurs.

The arbitration shall be governed by the rules of [specific arbitration association or body, e.g., the American Arbitration Association (AAA)], ensuring a structured and fair process. The arbitration will be overseen by a single arbitrator, chosen jointly by both parties or appointed by a neutral arbitration service if an agreement cannot be reached. The proceedings will be conducted in English and may, upon agreement of the parties, be conducted remotely to accommodate the needs of both parties.

Decisions and Awards: The arbitrator's decision will be final, binding, and conclusive upon all parties involved. Any court with jurisdiction may enforce the arbitrator's award. While the arbitrator has broad authority to grant relief available in court, they shall not award punitive or exemplary damages or any damages excluded by these Terms.

Costs of Arbitration: Each party will bear its own legal fees and expenses unless the arbitrator decides otherwise based on the merits of the case. This approach ensures fairness in the arbitration process.

Class Action Waiver: Arbitration will occur on an individual basis. No joint or class arbitrations or proceedings will be permissible without the written consent of all parties. Should any part of this class action waiver be deemed unenforceable, only that specific part will be void, leaving the remainder of the arbitration agreement in effect, unless such severability would materially alter the intentions of the parties, in which case this entire section will be deemed null and void.

By agreeing to these Terms, you acknowledge your understanding of and consent to this arbitration agreement, including the waiver of the right to proceed in a class action.

A3. Exceptions to Agreement to Arbitrate

While we generally require disputes to be submitted to binding arbitration, we acknowledge that certain disputes are better handled by the court system. As such, the following exceptions apply to our arbitration agreement:

• Intellectual Property Disputes: Any claims related to the infringement or misappropriation of Line Less LLC-Bibe’s or any third party’s intellectual property rights, including but not limited to patents, copyrights, trademarks, trade secrets, or other intellectual property, may be brought in a court of competent jurisdiction rather than through arbitration.

• Non-Arbitrable Claims: Claims that, as a matter of applicable law, cannot be subject to arbitration will not be arbitrated and may be brought in court.

Additionally, both parties retain the right to seek emergency equitable relief from a court of competent jurisdiction (such as an injunction) to maintain the status quo pending arbitration or to prevent irreparable harm that could not be adequately remedied through monetary damages.

A4. Opt-Out of Agreement to Arbitrate

If you prefer not to be bound by the arbitration agreement, you have the right to opt out. You may do so by sending a written notice of your decision to opt out within 30 days of the date on which you first accepted these Terms. This notice should be sent to Line Less LLC-Bibe at the address provided in Section 14.2, and must include your full name, address, and a clear statement indicating your intent not to resolve disputes with Line Less LLC-Bibe through arbitration.

Opting out of the arbitration agreement will not affect any other aspect of the Terms you have agreed to, and it does not impact your participation in past, ongoing, or future arbitration under these Terms, except as specifically set forth in your opt-out notice.

By choosing to opt out, you agree that any disputes between you and Line Less LLC-Bibe will be resolved in accordance with the remaining provisions of these Terms, including litigation in court where applicable.

Governing Law and Jurisdiction

These Terms, and any dispute or claim arising out of or in connection with them, their subject matter, or their formation (including non-contractual disputes or claims), shall be governed by and construed in accordance with the laws of the jurisdiction in which you reside. This application of local law encompasses all aspects of our relationship, ensuring that any legal matters are addressed within a familiar legal framework, without giving effect to any choice or conflict of law provisions or rules (whether of the jurisdiction in which you reside or any other jurisdiction).

Should any legal suit, action, or proceeding arise from or relate to these Terms or the Services provided, such matters shall be exclusively resolved in the courts of the jurisdiction in which you reside. By agreeing to these Terms, you waive any objections to the exercise of jurisdiction over you by such courts and to the venue of such courts, recognizing this as a necessary measure to facilitate a clear and efficient legal process.

Severability

If any provision of these Terms is determined to be invalid, illegal, or unenforceable by a court or other tribunal of competent jurisdiction, such provision shall be modified or eliminated to the minimum extent necessary so that the remaining provisions of the Terms will continue in full force and effect. This severability clause ensures that the Terms are adaptable and remain operative and binding, preserving the intent and functionality of our agreement even if adjustments are required.

Modification of Terms

We reserve the right to modify these Terms at any time, at our sole discretion. If we make changes, we will provide notice through the Services, via email, or by other means to offer you the opportunity to review the changes before they become effective. Your continued use of the Services after we post or send notice of the changes will confirm your acceptance of the changes.

User Conduct and Responsibilities

You agree to use the Services only for lawful purposes and in accordance with these Terms. You are responsible for all content you contribute, in any manner, to the Services, and you warrant that you have all necessary rights to such content. You agree not to use the Services in any way that could disable, overburden, damage, or impair the Services or interfere with any other party's use of the Services.

Data Protection

Your privacy is important to us. Our Privacy Policy explains how we collect, use, and protect your personal information. By using the Services, you agree to the collection and use of your data in accordance with our Privacy Policy.

Intellectual Property of Users

By posting content to the Services, you grant Line Less LLC-Bibe a non-exclusive, royalty-free, perpetual, and irrevocable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media.

Limitations on Service Availability

The Services may be subject to limitations, delays, and other problems inherent in the use of the internet and electronic communications. Line Less LLC-Bibe is not responsible for any delays, delivery failures, or other damage resulting from such problems.

Termination of Use

We may terminate or suspend your access to the Services immediately, without prior notice or liability, for any reason, including if you breach these Terms. Upon termination, your right to use the Services will cease immediately.

Feedback and Suggestions

Any feedback, comments, ideas, improvements, or suggestions provided by you to Line Less LLC-Bibe regarding the Services shall remain the sole and exclusive property of Line Less LLC-Bibe.

Miscellaneous

These Terms, together with the Privacy Policy and any other legal notices published by us on the Services, shall constitute the entire agreement between you and Line Less LLC-Bibe concerning the Services. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect.

Entire Agreement

These Terms, together with our Privacy Policy and any other documents expressly incorporated by reference, constitute the entire agreement between you and Line Less LLC-Bibe concerning your use of the Services. They supersede all prior or contemporaneous negotiations, discussions, agreements, and understandings, whether oral or written, between you and us regarding the subject matter hereof.

Contact Information

Should you have any questions regarding these Terms, or require any assistance related to our Services, please feel free to reach out to us. Our legal team can be contacted via email at legal@bibeonline.com, or you can send a letter to:

Line Less, LLC
Attn: Legal Department
251 Grand Ave,
DeLand, FL 32720

For additional support or inquiries beyond legal concerns, please visit our website bibeonline.com for contact details of relevant departments.

Effective Date

These Terms are effective as of the "Last Updated" date indicated at the top of this document. We encourage you to review our Terms periodically. Future changes to these Terms will be communicated through our Services or as otherwise specified, helping ensure you are always informed about the terms that govern your use of our Services.