End User License Agreement
Please read this software license agreement (“License”) thoroughly prior to using the Bridge Booking mobile application and/or website (“Bridge” or “Bridge Platforms”). Your use of Bridge means that you agree to be bound by the terms of this License. If you do not agree with the terms of this License, please delete your account and discontinue your use of the Bridge Platforms.
I. General
The Bridge Platforms and any third-party software included to you within Bridge are licensed, not sold, to you by Bridge Booking, LLC (“Bridge Booking”) strictly for your use according to the terms of this License. Bridge Booking retains complete ownership of Bridge software and reserves all rights not expressly granted to you.
Title and intellectual property rights in and to any content displayed in or accessed through the Bridge Platforms belongs exclusively to the content’s owner. This content may be protected by copyright and other intellectual property laws and may be subject to the terms of use of such third-party. This License does not grant you any rights to use such content nor does it guarantee that such content will continue to be available to you.
Bridge Booking, at its sole discretion, may make available future updates to the Bridge Platforms. Updates may modify or delete certain features or functionality of Bridge. You agree that Bridge Booking has no obligation to provide any updates or continue to provide a specific feature or functionality. Depending on your mobile device settings, your device may when connected to the internet either (a) automatically download and install all available updates; or (b) send you a notification to download and install available updates.
II. Grants and Restrictions
Subject to the terms of this License, you are granted a limited, non-exclusive, non-transferable license to download, install, and use the Bridge Platforms .
Except as otherwise permitted by applicable law or expressly authorized by Bridge, you shall not (a) copy the Bridge Platforms, except as expressly permitted by this License; (b) modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable, of Bridge; (c) reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of Bridge or any part thereof; (d) remove, delete, alter, or obscure any trademark, copyright, patent, or other intellectual property or proprietary rights notices from Bridge, including any copy thereof; (e) rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available Bridge, or any features or functionality of Bridge, to any third-party for any reason, including by making Bridge available on a network where it is capable of being accessed by more than one device at any time; (f) use any robot, spider, or other automatic device, process, or means to access Bridge for any purpose, including monitoring or copying any of the material on Bridge; (g) use any manual process to monitor or copy any of the material on Bridge, or for any other purpose not expressly authorized in this License, without Bridge Booking’s prior written consent;
(h) frame, mirror, or otherwise incorporate Bridge or any portion of Bridge as part of any other mobile application, website, or service; (i) use the Bridge in any manner that could disable, overburden, damage, or impair Bridge or interfere with any other party's use of the Application; or (j) remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting Bridge.
III. Reservation of Rights
You acknowledge and agree that Bridge is provided under license, and not sold, to you. You do not acquire any ownership interest in the Bridge Platforms under this License, or any other rights thereto other than to use Bridge in accordance with this granted License, and subject to all terms, conditions, and restrictions, thereto. Bridge Booking and its licensors and service providers reserve and shall retain their entire right, title, and interest in and to Bridge, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you in this License.
IV. Consent of Data Use
You acknowledge that through your download, install, or use of Bridge, Bridge Booking may collect, maintain, and process your technical usage through automatic means (including, for example, cookies and web beacons) on your mobile device regarding your use the Bridge Platforms. You may also be required to provide certain personal information as part of downloading, installing or using Bridge or for certain features and functionalities.
At all times your information will be treated in compliance with the Bridge Privacy Policy.
V. Term and Termination
This License is effect upon your download, install, or use of Bridge and will continue until terminated by you or Bridge Booking. You may terminate this License by deleting your account on the Bridge Platforms and all copies thereof. Bridge Booking may terminate this License at any time without notice if it ceases to support the Bridge Platforms, which Bridge Booking may do in its sole discretion.
In addition, this License shall terminate immediately and automatically without any notice should you violate any terms and conditions of this License. Upon the termination of this License, you must cease all use of the Bridge Platforms and destroy all copies. All rights granted to you under this License will also be terminated. Termination will not limit any of Bridge Booking’s rights and remedies at law or in equity.
VI. Disclaimer of Warranties
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, USE OF BRIDGE SOFTWARE AND ANY SERVICES PERFORMED BY OR ACCESSED THROUGH BRIDGE SOFTWARE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BRIDGE SOFTWARE AND SERVICES ARE PROVIDED TO YOU “AS IS”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND BRIDGE BOOKING HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE BRIDGE SOFTWARE AND SERVICES, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BU NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUITE ENJOYMENT, AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. BRIDGE BOOKING DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE BRIDGE SOFTWARE OR SERVICES, THAT FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED BY, THE BRIDGE SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE BRIDGE SOFTWARE OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY SERVICES WILL CONTINUE TO BE MADE AVAILABLE, THAT BRIDGE SOFTWARE OR SERVICES WILL BE COMPATIBLE OR WORK WITH THIRD-PARTY SOFTWARE, APPLICATION OR THIRD-PARTY SERVICES, OR THAT DEFECTS IN THE BRIDGE SOFTWARE OR SERVICES WILL BE CORRECTED. INSTALLATION OF BRIDGE SOFTWARE MAY AFFECT THE AVAILABILITY AND USABILITY OF THIRD-PARTY SOFTWARE, APPLICATION OR THIRD-PARTY SERVICES. BRIDGE SOFTWARE AND SERVICES ARE NOT INTENDED OR SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE THE FAILURE OR TIME DEL4AYS OF, OR ERRORS OR INACCURACIES IN, THE CONTENT, DATA OR INFORMATION PROVIDED BY THE BRIDGE SOFTWARE OR SERVICES COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY BRIDGE BOOKING OR AN AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE BRIDGE SOFTWARE OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
VII. Limitation of Liability.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL BRIDGE BOOKING OR ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE LICENSORS OR SERVICE PROVIDERS, HAVE ANY LIABILITY ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE APPLICATION OR THE CONTENT AND SERVICES FOR PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES.DIRECT DAMAGES IN AMOUNTS THAT IN THE AGGREGATE EXCEED THE AMOUNT ACTUALLY PAID BY YOU FOR THE APPLICATION.
THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR BRIDGE BOOKING WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY THEREFORE SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
VIII. Indemnification
You agree to indemnify, defend, and hold harmless Bridge Booking and its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including attorneys' fees, arising from or relating to your use or misuse of the Application or your breach of this License, including but not limited to the content you submit or make available through the Bridge Platforms.
IX. Export Regulations
The Bridge Platforms may be subject to US export control laws, including the Export Control Reform Act and its associated regulations. You shall not, directly or indirectly, export, re-export, or release Bridge to, or make Bridge accessible from, any jurisdiction or country to which export, re-export, or release is prohibited by law, rule, or regulation. You shall comply with all applicable federal laws, regulations, and rules, and complete all required undertakings (including obtaining any necessary export license or other governmental approval), prior to exporting, re-exporting, releasing, or otherwise making Bridge available outside the US.
X. Government Rights
The Bridge Platforms are a commercial product, consisting of commercial computer software and commercial computer software documentation, as such terms are defined in 48 C.F.R. § 2.101. Accordingly, if you are an agency of the US Government or any contractor therefor, you receive only those rights with respect to the Bridge Platforms as are granted to all other end users under license, in accordance with (a) 48 C.F.R. § 227.7201 through 48 C.F.R. § 227.7204, with respect to the Department of Defense and their contractors, or (b) 48 C.F.R. § 12.212, with respect to all other US Government licensees and their contractors.
XI. Third-Party Materials
The Bridge Platforms may display, include, or make available third-party content (including data, information, applications, and other products, services, and/or materials) or provide links to third-party websites or services, including through third-party advertising ("Third-Party Materials"). You acknowledge and agree that Bridge Booking is not responsible for Third-Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. Bridge Booking does not assume and will not have any liability or responsibility to you or any other person or entity for any Third-Party Materials. Third-Party Materials and links thereto are provided solely as a convenience to you, and you access and use them entirely at your own risk and subject to such third parties' terms and conditions.
XII. Governing Law
This Agreement is governed by and construed in accordance with the internal laws of the State of Tennessee without giving effect to any choice or conflict of law provision or rule. Any legal suit, action, or proceeding arising out of or related to this Agreement or the Application shall be instituted exclusively in the federal courts of the United States or the courts of the State of Tennessee in each case located in Nashville, Tennessee and Davidson County Tennessee. You waive any and all objections to the exercise of personal jurisdiction over you by such courts and agree to submit to venue in such courts.
XIII. Severability
If any provision, or portion thereof, of this License is illegal or unenforceable under applicable law, the remainder of this License shall continue in full force and effect.
XIV. Entire Agreement
This Agreement, any additional terms and conditions you are required to accept if you choose to use the Bridge Platforms and our Privacy Policy constitute the entire agreement between you and Bridge Booking with respect to Bridge and supersede all prior or contemporaneous understandings and agreements, whether written or oral, with respect to Bridge. No amendment to or modification of this License will be binding unless in writing and signed by Bridge Booking. Any translation of this License is done for local requirements and in the event of a dispute between the English and any non-English versions, the English version of this license shall govern, to the extent not prohibited by local law in your jurisdiction.
XV. Waiver
No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder. In the event of a conflict between this License and any applicable purchase or other terms, the terms of this License shall govern.
