Terms of Service – Privacy Policy

BudLink™ – A Develapp® Company

Last Updated: March 1, 2022

Terms of Service & Privacy Policy

By accessing and using the BudLink™ Mobile App and Website following such update, you indicate that you have read and agree to the updated terms and conditions of the BudLink™ Terms of Service a & Privacy Policy.

We believe you should always know what data we collect from you and how we use it, and that you should have meaningful control over both. We want to empower you to make the best decisions about the information that you share with us.

BUDLINK™ AND NESTED APPLICATION(S) are public, and posts are immediately viewable and searchable by anyone around the world. We give you non-public ways to communicate through private groups, communities, and messages. You can also control your screen name if you prefer not to use your name.

When you use BUDLINK™, even if you’re just looking at posts, or navigating the application we receive some personal information from you like the type of device you’re using and your IP address, as well as any of your profile data that you input. We use this information for things like keeping your account secure and showing you more relevant ads.

We give you control through your settings to limit what other users can access from your profile data, and to control things like addresses, work history, education history, phone and email, and personal data like name, date of birth and gender.

In addition to information, you share with us, we use your posts, content you’ve read, liked, or commented, replied shared and other information to determine what topics you’re interested in, your age, the languages you speak, and other signals.

If you have questions about this policy, how we collect or process your personal data, or anything else related to our privacy practices, we want to hear from you. You can contact us at any time at legal@budlink.app.

1.0 Information You Share With Us

We require certain information to provide our services to you. For example, you must have an account to upload or share content on BudLink™. When you choose to share the information below with us, we collect and use it to operate our services.

1.1 Basic Account Information

If you do choose to create an account, you must provide us with some personal data so that we can provide our services to you. On BudLink™ this includes a first and last name (for example, John Music), a username (for example, johnmusic@xyz.com), and a password. Your screen name will default to your first and last name provided at registration which can immediately be changed by accessing your profile icon on your dashboard.

1.2 Public Information

Most activity on BudLink™ is public, including your profile information, your time zone and language, when you created your account, and your posts and certain information about your posts like the date, time, and application and version of BudLink™ you posted from. The favorites you create, and posts you like, or share are also public. If you like, share, reply, or otherwise publicly engage with an ad on our services, that advertiser might thereby learn information about you associated with the ad with which you engaged such as characteristics of the audience the ad was intended to reach.

You are responsible for your posts and other information you provide through our services, and you should think carefully about what you make public, especially if it is sensitive information. If you update your public information on BudLink™, such as by deleting a post or deactivating your account, we will reflect your updated content on, BudLink™ for iOS, and BudLink™ for Android.

By publicly posting content when you post, comment, reply, or share you are directing us to disclose that information as broadly as possible, including through our APIs, and directing those accessing the information through our APIs to do the same.

1.3 Contact Information

We use your contact information, such as your email address, to authenticate your account and keep it – and our services – secure, and to help prevent spam, fraud, and abuse.

1.4 BudLink Messenger™

We provide certain features that let you communicate more privately or control who sees your content. For example, you can use BudLink™ Messenger to have nonpublic conversations on BudLink™. When you communicate with others by sending or receiving direct & group messages, we will store and process your communications and information related to them. We also use information about whom you have communicated with and when (but not the content of those communications) to better understand the use of our services, to protect the safety and integrity of our platform, and to show more relevant content. We share the content of your direct & group messages with the people you’ve sent them to; we do not use them to serve you ads.

1.5 Payment Information & Service

Should you choose to subscribe and become an app owner in BudLink™ you may provide us with payment information, including your credit or debit card number, card expiration date, CVV code, and billing address, in order to purchase your channel subscription, or other offerings provided as part of our services. This information is secure and stored under strict PCI compliance from our processing gateway.

• The Service is non-refundable, and paid month-to-month until canceled. To treat everyone equally, no exceptions will be made.
• All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes.
• Certain aspects of the Service may be provided for a fee or other charge. If you use the paid aspects of the Service, you agree to the terms of sale, pricing, payment, and billing policies of BudLink™ or Develapp® applicable to such fees and charges, including those posted or linked at https://budlink.app. All charges for paid services will be billed by Develapp®.
• In the event you cancel your subscription, you shall receive no refund or exchange for any unused time on a subscription, any license or subscription fees for any portion of the Service, any content or data associated with your account, or for anything else. You acknowledge and agree that the term of your subscription shall automatically renew for additional successive terms equal to the period of your initial term unless you provide BudLink™ with notice of your intent not to renew your subscription at least fifteen (15) days prior to the end of the then-current subscription term.
• You are responsible for any additional payments required for an upgraded subscription level, at the time of upgrade, and are required to keep the upgrade for 1 complete billing cycle, even if you downgrade prior the end of your current billing cycle.

1.5.1 Cancellation and Termination:

• You are solely responsible for properly canceling your account. Account cancellation requests must be submitted by sending an email to support@budlink.app
• All your Content will be deleted from the Service upon cancellation. This information cannot be recovered once your account is cancelled.
• BudLink™, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other BudLink™ service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account.
• BudLink™ reserves the right to refuse service to anyone for any reason at any time.
• If you fail, or BudLink™ suspects that you have failed, to comply with any of the provisions of this Agreement, BudLink™ may, without notice to you: (i) terminate this Agreement and/or your BudLink™ Subscribed Application, and you will remain liable for all amounts due under your BudLink™ Account up to and including the date of termination; and/or (ii) terminate your access to the software; and/or (iii) preclude your access to the Services.
• BudLink™ further reserves the right to modify, suspend, or discontinue the Services (or any part or Content thereof) at any time with or without notice to you, and BudLink™ will not be liable to you or to any third party should it exercise such rights.

1.5.2 Modifications to the Service and Prices

• BudLink™ reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
• Prices of all Services, including but not limited to any monthly subscription plan fees to the Service, are subject to change at any time, with or without notice. Notice may be provided at any time by posting the changes to the BudLink™ mobile app or website ( https://budlink.app ).
• BudLink™ shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
• From time to time, BudLink™ may issue an update to the Service which may add, modify, and/or remove features from the Service. These updates may be pushed out automatically with little or no notice, although BudLink™ will do everything in its power to notify you in advance of an upcoming update, including details on what the update includes.
• Grandfathering subscription rights will apply to all BudLink™ Subscribed Apps, which means even if pricing changes on products, it will only effect new subscribers.

1.6 HOW YOU CONTROL THE INFORMATION YOU SHARE WITH US

Inside your application navigate to your profile settings to access Your Privacy and Safety Settings:

• Whether your Name is displayed to others
• Whether your Email is displayed to others
• Whether your Gender is displayed to others
• Whether your Birthdate is displayed to others
• Whether your Addresses are displayed to others
• Whether your Contacts are displayed to others
• Whether your Social is displayed to others
• Whether your Education is displayed to others
• Whether your Careers are displayed to others

2.0 ADDITIONAL INFORMATION WE RECEIVE ABOUT YOU

We receive certain information when you use our services or other websites or mobile applications that include our content, and from third parties including advertisers. Like the information you share with us, we use the data below to operate our services.

2.1 LOCAL STORAGE & SESSIONS

In order to operate our services, we keep track of how you interact and whether or not you are authenticated which utilizes unique session ids and access to localized storage on your device.

2.2 LINKS

In order to operate our services, we keep track of how you interact with links across our services. This includes links in emails we send you and links in posts that appear on other websites or mobile applications.

If you click on an external link or ad on our services, that advertiser or website operator might figure out that you came from BudLink™, along with other information associated with the ad you clicked such as characteristics of the audience it was intended to reach. They may also collect other personal data from you, such as cookie identifiers or your IP address.

2.3 COOKIES

A cookie is a small piece of data that is stored on your computer or mobile device. Like many websites, we use cookies and similar technologies to collect additional website usage data and to operate our services. Cookies are not required for many parts of our services; however, they can be required for some of the feeds to work correctly. Although most web browsers automatically accept cookies, many browsers settings can be set to decline cookies or alert you when a website is attempting to place a cookie on your computer. However, some of our services may not function properly if you disable cookies. When your browser or device allows it, we use both session cookies and persistent cookies to better understand how you interact with our services, to monitor aggregate usage patterns, and to personalize and otherwise operate our services such as by providing account security, personalizing the content we show you including ads, and remembering your language preferences. We do not support the Do Not Track browser option.

2.4 LOG DATA

We receive information when you view content on or otherwise interact with our services, which we refer to as Log Data, even if you have not created an account. For example, when you visit our websites, sign into our services, interact with our email notifications, use your account to authenticate to a third-party service, or visit a third-party service that includes BudLink™ content, we may receive information about you. This Log Data includes information such as your IP address, browser type, operating system, the referring web page, pages visited, location, your mobile carrier, device information (including device and application IDs), search terms (including those not submitted as queries), and cookie information. We also receive Log Data when you click on, view, or interact with links on our services, including when you install another application through BudLink™. We use Log Data to operate our services and ensure their secure, reliable, and robust performance. For example, we use Log Data to protect the security of accounts and to determine what content is popular on our services.

2.5 OTHER THIRD PARTIES AND AFFILIATES

We may receive information about you from third parties who are not our ad partners, such as others on BudLink™, partners who help us evaluate the safety and quality of content on our platform, our corporate affiliates, and other services you link to your BudLink™ account.

2.6 PERSONALIZING BASED ON YOUR INFERRED IDENTITY

We may receive information about you from third parties who are not our ad partners, such as others on BudLink™, partners who help us evaluate the safety and quality of content on our platform, our corporate affiliates, and other services you link to your BudLink™ account.

3.0 INFORMATION WE SHARE AND DISCLOSE

As noted above, BudLink™ is designed to disseminate information broadly and instantly when you share publicly through our services. In the limited circumstances where we disclose your private personal data, we do so subject to your control, because it’s important for operating our services, or because it’s required by law.

3.1 SHARING YOU CONTROL

If you’ve posted, commented, replied, or messaged in private communities, or chats with someone else on BudLink™, keep in mind that the information may be shared with the third-party service. Additionally, any public posts, comments, reply’s may be shared by other BudLink™ users as well as shared to third-party services.

3.2 SERVICE PROVIDERS

We engage service providers to perform functions and provide services for us in the United States, and other countries. For example, we use a variety of third-party services to help operate our services, such as hosting our data through global access points under the AWS cloud. We may share your private personal data with such service providers subject to obligations consistent with this Privacy Policy and any other appropriate confidentiality and security measures, and on the condition that the third parties use your private personal data only on our behalf and pursuant to our instructions (service providers may use other non-personal data for their own benefit). We share your payment information with payment services providers to process payments; prevent, detect, and investigate fraud or other prohibited activities; facilitate dispute resolution such as chargebacks or refunds; and for other purposes associated with the acceptance of credit and debit cards.

3.3 LAW, HARM, AND THE PUBLIC INTEREST

Notwithstanding anything to the contrary in this Privacy Policy or controls we may otherwise offer to you, we may preserve, use, share, or disclose your personal data or other safety data if we believe that it is reasonably necessary to comply with a law, regulation, legal process, or governmental request; to protect the safety of any person; to protect the safety or integrity of our platform, including to help prevent spam, abuse, or malicious actors on our services, or to explain why we have removed content or accounts from our services; to address fraud, security, or technical issues; or to protect our rights or property or the rights or property of those who use our services. However, nothing in this Privacy Policy is intended to limit any legal defenses or objections that you may have to a third party’s, including a government, request to disclose your personal data.

3.4 AFFLIATES AND CHANGE OF OWNERSHIP

In the event that we are involved in a bankruptcy, merger, acquisition, reorganization or sale of assets, your personal data may be sold or transferred as part of that transaction. This Privacy Policy will apply to your personal data as transferred to the new entity. We may also disclose personal data about you to our corporate affiliates in order to help operate our services and our affiliates services, including the delivery of ads.

3.5 NON-PERSONAL INFORMATION

We share or disclose non-personal data, such as aggregated information like the total number of times people engaged with a post, demographics, the number of people who clicked on a particular link, the topics that people are posting about in a particular location, some inferred interests, or reports to advertisers about how many people saw or clicked on their ads.

4.0 MANAGING YOUR PERSONAL INFORMATION WITH US

You control the personal data you share with us. You can access or rectify this data at any time. You can also deactivate your account. We also provide you tools to object, restrict, or withdraw consent where applicable for the use of data you have provided to BudLink™. And we make the data you shared through our services portable and provide easy ways for you to contact us. Please note, to help protect your privacy and maintain security, we take steps to verify your identity before granting you access to your personal information or complying with deletion, portability, or other related requests.

4.1 ACCESSING OR RECTIFYING YOUR PERSONAL DATA

If you have registered an account on BudLink™, we provide you with tools and account settings to access, correct, delete, or modify the personal data you provided to us and associated with your account. To submit a request related to access, modification, or deletion of your information, you may also contact us as specified in the Additional Information or Assistance section of this Privacy Policy.

4.2 DELETION

We may choose to keep Log Data, or all account assets for any duration following your request for deactivation. When deactivated, your BudLink™ account, including your display name, username, and public profile, will no longer be viewable on BudLink™ for iOS, and BudLink™ for Android. For up to 30 days after deactivation it is still possible to restore your BudLink™ account if it was accidentally or wrongfully deactivated (fees may apply).

Keep in mind that search engines and other third parties may still retain copies of your public information, like your profile information and public posts, even after you have deleted the information from our services or deactivated your account.

4.3 OBJECT, RESTRICT, OR WITHDRAW CONSENT

When you are logged into your BudLink™ account, you can manage your privacy settings and other account features at any time. It may take a short amount of time for privacy settings to be fully reflected throughout our systems.

4.4 ADDITIONAL INFORMATION OR ASSISTANCE

Thoughts or questions about this Privacy Policy? Please let us know by contacting us via email or in writing at the appropriate address below.

BudLink™

Attn: Develapp® Privacy Policy Inquiry

1650 Airport Dr., HNGR 2100

Cleburne, TX 76033

legal@budlink.app

5.0 CHILDREN AND OUR SERVICES

Our services are not directed to children, and you may not use our services if you are under the age of 18. You must also be old enough to consent to the processing of your personal data in your country (in some countries we may allow your parent or guardian to do so on your behalf). In addition the BudLink™ Mobile App is age restricted in the app stores to prevent under age installs.

6.0 OUR GLOBAL OPERATIONS AND PRIVACY SHIELD

To bring you our services, we operate globally. Where the laws of your country allow you to do so, you authorize us to transfer, store, and use your data in the United States, and any other country where we operate. In some of the countries to which we transfer personal data, the privacy and data protection laws and rules regarding when government authorities may access data may vary from those of your country.

If we transfer personal data outside of Canada, the European Union, or the United Kingdom we ensure an adequate level of protection for the rights of data subjects based on the adequacy of the receiving country’s data protection laws, contractual obligations placed on the recipient of the data.

Develapp, LLC utilizes a global access point, physical server infrastructure on the AWS cloud, which consist of EC2, S3, RDS, SNS and Aurora services, to maintain a stronger compliance than required by GDPR and PIPEDA.

7.0 OUR GLOBAL OPERATIONS AND PRIVACY SHIELD

We may revise this Privacy Policy from time to time. The most current version of the policy will govern our processing of your personal data and will always be at https://budlink.app/tos-privacy. If we make a change to this policy, in our sole discretion, is material, we will notify you at https://budlink.app, BudLink™ for iOS, or BudLink™ for Android, or by sending an email to the email address associated with your account. By continuing to access or use the Services after those changes become effective, you agree to be bound by the revised Privacy Policy.

8.0 CALIFORNIA USERS & CCPA

If you are a California resident, the California Consumer Privacy Act (CCPA) gives you certain rights regarding your personal information. Your CCPA rights include:

Access: you can request access to your personal information
Deletion: you can ask us to delete your personal information
Opt-out from sales: you can instruct us to stop certain transfers of your personal information

You can exercise your CCPA rights by emailing legal@budlink.app.

If you want to exercise more than one of your CCPA rights, please submit a separate email request for each CCPA right, which will help us handle your requests more effectively. Please be aware that we will process your requests in the order we receive them.

We will need information from you to process your request so that we can confirm you are a California resident, determine if we have personal information about you, and, for access and deletion requests, verify your identity. We may also need to contact you about your request, and you can choose the contact method you would like us to use.

Please be aware there might be circumstances where we will not honor your request, as permitted under the CCPA. For example, if we are not able to verify your identity and that you are a California resident, we may not honor your access or deletion request. In addition, we may not delete your personal information if an exception under the CCPA applies.

Under California Civil Code Section 1789.3, California Website users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210.

Users of the Service may contact BudLink™ directly at 1650 Airport Dr., HNGR 2100, Cleburne, TX 76033 and legal@budlink.app.

9.0 TERMS OF SERVICE ACKNOWLEDGMENT

By using or uploading any information, data, code or other input (your Content) on a BudLink™ for iOS, and BudLink™ for Android (Service), a service of Develapp LLC (Develapp®), you (you, your, or User) are agreeing to be bound by the following terms and conditions ( Terms of Use). IF YOU DO NOT AGREE TO THIS TERMS OF USE, THEN YOU MAY NOT ACCESS OR USE THE SERVICE. BudLink™ reserves the right to update and change the Terms of Use from time to time without notice. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Use. Continued use of the Service after any such changes shall constitute your consent to such changes. Violation of any of the terms below will result in the termination of your Account without notice. While BudLink™ prohibits such conduct and Content on the Service, you understand and agree that BudLink™ cannot be responsible for the Content posted on the Service and you nonetheless may be exposed to such materials. You agree to use the Service at your own risk.

9.1 ACCOUNT TERMS

• You must be 18 years or older to use this Service.
• You must be a human. Accounts registered by bots or other automated methods are not permitted.
• You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.
• You are responsible for maintaining the confidentiality and security of your account and password. BudLink™ cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
• You are responsible for all Content posted and activity that occurs under your account (even when Content is posted by others who have access to your account).
• You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
• BudLink™ may allow you to submit materials such as comments, pictures, videos, and podcasts (including associated metadata and artwork). Your use of such features must comply with the Submissions Guidelines below, which may be updated from time to time. You hereby grant BudLink™ a worldwide, royalty-free, perpetual, nonexclusive license to use the materials you submit within the Services and related marketing, and BudLink™ internal purposes. BudLink™ may monitor and decide to remove or edit any submitted material.

9.2 COPYRIGHT AND CONTENT OWNERSHIP

9.2.1 We claim no intellectual property rights over the material you provide to the Service. Your profile and materials uploaded remain yours. However, by using BudLink™, you agree to allow others to view and share your Content.

9.2.2 BudLink™ does not pre-screen Content, but BudLink™ and its designee have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Service.

9.2.3 The look and feel of the Service is copyright BudLink™ All rights reserved. You may not duplicate, copy, or reuse any portion of the HTML/CSS or visual design elements without express written permission from BudLink™.

9.2.4 By using the Service, you warrant that you have full right and ownership of any and all copyrighted material you upload to, or distribute through, the Service.

9.2.5 You shall be solely responsible for securing and paying for all digital delivery licenses, mechanical licenses, any public performance licenses, synchronization licenses and any other licenses from all copyright owners (or their agents) required in connection all Content selected by you for use in connection with the Service and/or BudLink™.

9.2.6 BudLink™ respects the rights and intellectual property of others, and we ask our users to do the same. If you believe that your product or work has been misrepresented or used in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please contact us with the following:

• a description of the product, work or other intellectual property that you claim has been misrepresented or infringed;
• a description of where the material that you claim is misrepresenting or infringing your product, work or other intellectual property is located;
• a statement by you that you have a good faith belief that the disputed use is not authorized by the owner of the product, work, copyright or intellectual property, or its agents, or applicable law;
• a statement by you, under penalty of perjury, that the above information in your notice is accurate and that you are the owner of the product, work, copyright or intellectual property, or authorized to act on such owners behalf; and your electronic or physical signature, name, physical address, telephone number and email address.

BudLink™

Attn: Develapp® Copyright Inquiry

1650 Airport Dr., HNGR 2100

Cleburne, TX 76033

legal@budlink.app

9.3 GENERAL CONDITIONS

9.3.1 Your use of the Service is at your sole risk. The Service is provided on an as is and as available basis.

9.3.2 You understand that BudLink™ may use third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.

9.3.3 You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with any other BudLink™ service.

9.3.4 You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by BudLink™.

9.3.5 We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any partys intellectual property or these Terms of Use.

9.3.6 Verbal, physical, written or other abuse (including threats of abuse or retribution) of any BudLink™ customer, employee, member, or officer will result in immediate account termination.

9.3.7 You understand that the technical processing and transmission of the Service, including your Content, may be transferred unencrypted and involve transmissions over various networks; and changes to conform and adapt to technical requirements of connecting networks or devices.

9.3.8 By using the Service, you expressly consent to use and/or engage the creation of a BudLink™ on multiple platforms and multiple phone operating systems, even if those platforms and phone operating systems are not available today.

9.3.9 If your Mobile App is built using the BudLink™ or Develapp® provisioning file or published under the BudLink™ or Develapp® brand, you agree that BudLink™ has the right to the following, with or without notice, at any time and for any reason:

• Remove app from publication
• Modify the description or other characteristics or features of the application
• Publicize the application and your brand

9.3.10 You must not upload, post, host, or transmit unsolicited email, SMSs, or spam messages.

9.3.11 You must not transmit any worms or viruses or any code of a destructive nature.

9.3.12 BudLink™ disclaims any express or implied warranties and does not warrant that:

• The Service will meet your specific requirements
• The Service will be uninterrupted, timely, secure, or error-free
• The results that may be obtained from the use of the Service will be accurate or reliable
• The quality of any products, services, information, or other material purchased or obtained by you through the Service will meet your expectations, and
• Any errors in the Service will be corrected.

9.3.13 YOU EXPRESSLY UNDERSTAND AND AGREE THAT BUDLINK™ SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF BUDLINK™ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:

• THE USE OR THE INABILITY TO USE THE SERVICE
• THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED, OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE
• UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA
• STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE
• OR ANY OTHER MATTER RELATING TO THE SERVICE.

9.3.14 BUDLINK™ TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATED TO THIS TERMS OF USE WILL NOT EXCEED THE GREATER OF $1,000 DOLLARS OR THE AMOUNT OF FEES RECEIVED BY BUDLINK™ FROM THE COMPLAINING USER FOR THE USE OF THE SERVICE; THE EXISTENCE OF MULTIPLE CLAIMS SHALL NOT EXPAND OR INCREASE THE FOREGOING LIMITATION. THE PARTIES ACKNOWLEDGE THAT THIS CLAUSE REFLECTS THE AGREED UPON ALLOCATION OF RISK BETWEEN THE PARTIES AND THAT BUDLINK™ WOULD NOT ENTER INTO THIS TERMS OF USE OR MAKE THE ONLINE COURSE AVAILABLE TO USER WITHOUT THESE LIMITATIONS ON LIABILITY. THIS LIMITATION OF LIABILITY WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY SET FORTH HEREIN.

9.3.15 BUDLINK™ DOES NOT REPRESENT OR GUARANTEE THAT THE SERVICES WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND YOU HEREBY RELEASE BUDLINK™ FROM ANY LIABILITY RELATING THERETO. YOU SHALL BE RESPONSIBLE FOR BACKING UP YOUR OWN SYSTEM, INCLUDING ANY CONTENT ACQUIRED OR RENTED THROUGH THE SERVICES.

9.3.16 BY USING THE SERVICES, YOU AGREE, TO THE EXTENT PERMITTED BY LAW, TO INDEMNIFY AND HOLD BUDLINK™, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS HARMLESS WITH RESPECT TO ANY CLAIMS ARISING OUT OF YOUR BREACH OF THIS AGREEMENT, YOUR USE OF THE SERVICES, OR ANY ACTION TAKEN BY BUDLINK™ AS PART OF ITS INVESTIGATION OF A SUSPECTED VIOLATION OF THIS AGREEMENT OR AS A RESULT OF ITS FINDING OR DECISION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. YOU AGREE THAT YOU SHALL NOT SUE OR RECOVER ANY DAMAGES FROM BUDLINK™, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS AS A RESULT OF ITS DECISION TO REMOVE OR REFUSE TO PROCESS ANY INFORMATION OR CONTENT, TO WARN YOU, TO SUSPEND OR TERMINATE YOUR ACCESS TO THE SERVICES, OR TO TAKE ANY OTHER ACTION DURING THE INVESTIGATION OF A SUSPECTED VIOLATION OR AS A RESULT OF BUDLINK™ CONCLUSION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS WAIVER AND INDEMNITY PROVISION APPLIES TO ALL VIOLATIONS DESCRIBED IN OR CONTEMPLATED BY THIS AGREEMENT.

9.3.17 If you are a qualified public educational or government institution and any part of this Agreement, such as, by way of example, all or part of the indemnification section, is invalid or unenforceable against you because of applicable local, national, state or federal law, then that portion shall be deemed invalid or unenforceable, as the case may be, and instead construed in a manner most consistent with applicable governing law.

9.3.18 You understand that any Apps created in the Service are created by your own volition and you therefore indemnify and hold harmless BudLink™ and all its subsidiaries, employees, and any agent acting on their behalf from any and all liabilities, claims, demands, or personal injury, including death that may be sustained, due to or relating in any way but not limited to copy right infringement, fraudulence, or trademark violation by way of creating and/or using of any apps created by the Service, or for claims related to or arising from your violation of this Terms of Use.

9.3.19 If any provision of these Terms of Use is found to be for any reason unenforceable, then that provision shall be deemed severable from the other provisions herein and shall not affect the validity and enforceability of any remaining provisions. BudLink™ shall have no liability under these Terms of Use to the extent arising from any failure of BudLink™ to perform any of its obligations due to any fire, flood, earthquakes, pandemics, other acts of God, war, civil unrest, terrorism, Internet failures, governmental act or court order, national emergency, strikes or labor disputes or any other event not within BudLink™ reasonable control.

9.3.20 The failure of BudLink™ to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and BudLink™ and govern your use of the Service, superseding any prior agreements between you and BudLink™ (including, but not limited to, any prior versions of the Terms of Service)

9.4 OTHER PROVISIONS

9.4.1 This Agreement constitutes the entire agreement between you and BudLink™ and governs your use of the Services, superseding any prior agreements with respect to the same subject matter between you and BudLink™. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content, third-party software. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. BudLink™ failure to enforce any right or provisions in this Agreement will not constitute a waiver of such or any other provision. BudLink™ will not be responsible for failures to fulfill any obligations due to causes beyond its control.

9.4.2 You agree to comply with all local, state, federal, and national laws, statutes, ordinances, and regulations that apply to your use of the Services. Your use of the Services may also be subject to other laws. Risk of loss for all electronically delivered transactions pass to the acquirer upon electronic transmission to the recipient. No BudLink™ employee or agent has the authority to vary this Agreement.

9.4.3 BudLink™ may notify you with respect to the Services by sending an email message to your email address or a letter via postal mail to your mailing address, or by a posting on the Services. Notices shall become effective immediately. BudLink™ may also contact you by email or push notification to send you additional information about the Services.

9.4.4 You hereby grant BudLink™ the right to take steps BudLink™ believes are reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement. You agree that BudLink™ has the right, without liability to you, to disclose any data and/or information to law enforcement authorities, government officials, and/or a third party, as BudLink™ believes is reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement (including but not limited to BudLink™ right to cooperate with any legal process relating to your use of the Services and/or Content, and/or a third-party claim that your use of the Services and/or Content is unlawful and/or infringes such third party’s rights).

9.4.5 Children under the age of majority should review this Agreement with their parent or guardian to ensure that the child and parent or legal guardian understand it.