Last updated May 6, 2023
BWV Media Management LLC includes BWV Media Management, LLC and its trustees, directors, officers, shareholders, members, employees, contractors, advisors, representatives, subcontractors, consultants, attorneys, agents, suppliers, distributors, licenses and licensors (current and past) and any affiliates, individually and collectively, and any related individuals or entities.
Affiliated Parties means BWV Media Management, LLC and any related individuals, affiliates and subsidiaries, and any of their trustees, directors, officers, shareholders, members, employees, representatives, consultants, attorneys, agents, suppliers, distributors, licensees and/or licensors.
The Website is offered and available to users who are 18 years of age or older. By using the Website, you represent and warrant that you are of legal age to form a binding contract with us and meet all of the eligibility requirements contained herein. If you do not meet all of these requirements, you must not access or use the Website.
Accessing the Website
We reserve the right to withdraw or amend the Website, and any service or material we provide, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users.
You are responsible for both:
Making all arrangements necessary for you to have access to the Website.
Intellectual Property Rights
The Website and their entire contents, features, and functionality (including but not limited to all information, features, functions, algorithms, know-how, code, data, art, graphics, animation, photographs, images, text, music, sound effects, audio elements, audio-video elements, software, text, displays, images, video, and audio, moral rights, downloadable materials, user interface, navigation, look and feel, and the design, selection, and arrangement thereof) are owned by the Company, its Affiliated Parties, licensors, and/or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
You may store files that are automatically cached by your Web browser for display enhancement purposes.
You must not:
Modify copies of any materials from this site.
Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Website.
You must not access or use for any commercial purposes any part of the Website or any services or products available through the Website.
The Company name, the terms “Am I Trippin?” and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on the Website is the trademarks of their respective owners.
We reserve all rights not expressly granted herein.
In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the U.S. or other countries).
For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation.
To impersonate or attempt to impersonate the Company, a Company employee, the employee(s) of any Affiliated Parties, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).
To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website, or expose them to liability.
Additionally, you agree not to:
Use the Website in any manner that could disable, interrupt, overburden, damage, or impair the sites or interfere with any other party's use of the Website, including their ability to engage in real time activities through the Website.
Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
Modify, adapt, disassemble, decompile, translate, reverse engineer or otherwise attempt to discover the source code or structure, sequence and/or organization of our Website or any portion thereof, except where required by applicable local law, and then only to the extent required by such law(s).
Use any device, software, or routine that automatically or manually interferes with the proper working of the Website.
Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful and/or violate the security of any computer network or transfer or store illegal material.
Use false information or impersonate any person or entity or misrepresent your affiliation with any other person or entity, whether actual or fictitious, include anyone from the Website or any person or entity otherwise affiliated with us.
Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
Engage in spamming, flooding, harvesting of email addresses or other personal information, or any other activity which is intended to obtain lists of users, their personally identifiable information or any other information we maintain about our Website, visitors and customers.
Post, upload, transmit, publish, reproduce or otherwise disseminate through the Site any Content that we determine in Our sole discretion is: (i) unlawful, harmful, harassing, fraudulent, threatening, abusive, libelous, defamatory, vulgar, obscene, hateful, inappropriate, discriminatory, or otherwise infringes our or any third party’s rights; (ii) is derogatory or harmful to our reputation or that of any affiliated individuals or entities, including Affiliated Parties; (iii) is harmful to children in any manner; and/or (iv) seeks to or discriminates against any individual based on race, gender, national origin, sexual preference, physical or mental handicap or on any other basis;
Attempt (or encourage or support anyone else’s attempt) to circumvent, reverse-engineer, decrypt, or otherwise alter, or interfere with, the Site or any of its Content and/or Services;
Submit false or misleading information to Us.
Otherwise attempt to interfere with the proper working of the Website or any of their security features.
Reliance on Information Posted
The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor(s) to the Website, or by anyone who may be informed of any of the contents.
The Website may include content provided by third parties, including materials provided by third-party licensors and aggregators. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. Their materials do not necessarily reflect the opinion of the Company. We are not responsible or liable to you or any third party for the content or accuracy of any materials provided by any third party.
Changes to the Website
The content of the Website is not necessarily complete or up-to-date. Any of the information on the Website may be out of date at any given time, and we are under no obligation to update such information or to do so on any particular schedule or timeframe.
Information About You and Your Visits to the Website
Online Purchases and Other Terms and Conditions
For protection of our brand, the products sold via the Website is for personal use only. You are not permitted to resell products purchased on or through the Website in a new or unused condition, whether on an individual basis or bundled with other products bearing the Company trademarks or brands. Unwanted new and otherwise resellable products may be returned where consistent with the Company’s return policy.
Use of “drop-shipping”—including but not limited to allowing a third party to fulfill orders to customers on your behalf, and/or including listing products for sale on other platforms and using this Website as a fulfillment service for such listings—is strictly prohibited. We reserve the right to decline to fill orders believed to be placed for drop-shipping purposes. To the extent consistent with applicable law, violators of this policy may be restricted from future use of the Website.
Links from the Website
If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. We have no control over the contents of those sites or resources, and accept no responsibility for them, their content and/or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to our Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
We administer, control and operate the Website from our offices in the State of Maryland, United States of America. The Website is accessible world-wide. However, some of their features or functions may not be available or appropriate for use outside of the United States and/or may not be available to all persons or in all geographic locations. We make no representation that the Website or our services and products are appropriate or authorized for use in all countries, states, provinces, counties, localities or any other jurisdictions. Your access and use of the Website may not be legal in Your jurisdiction. If you choose to access, browse or use the Website, you do so on your own initiative and at your own risk, and you are responsible for compliance with all applicable laws if, and to the full extent that, such laws and restrictions are applicable. Access to the Website may not be legal by certain persons or in certain countries.
The Site provides information of a general nature only. You are responsible for determining whether it applies to Your specific situation. We specifically disclaim any liability concerning any action that any individual may take based on any information or guidance provided at the Website.
Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that the information and documentation contained on our Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, OTHER ELECTRONIC DEVICES, PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR PRODUCTS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY INFORMATION POSTED ON THEM, OR ON ANY WEBSITE LINKED TO THEM.
THE WEBSITE, INCLUDING ALL SERVICES, CONTENT, FUNCTIONS AND MATERIALS, ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES WITH RESPECT TO ANY UPTIME OR UNINTERRUPTED ACCESS, THE AVAILABILITY, ACCURACY OR USEFULNESS OF ANY OR ALL CONTENT, OR ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. WE DO NOT WARRANT THE WEBSITE OR THEIR CONTENTS AND/OR SERVICES WILL BE TIMELY, SECURE, UNINTERRUPTED, OR OPERATED FREE OF DELAYS IN TRANSMISSION, FAILURE IN PERFORMANCE, COMPUTER VIRUSES, INACCURACIES, ERRORS, OR DEFECTS. YOU USE THE WEBSITE AT YOUR OWN RISK. WE ALSO ASSUME NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR ANY DAMAGES TO OR VIRUS(ES) THAT MAY INFECT ANY USER’S COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF ANY USER’S ACCESS TO, BROWSING, OR USE OF THE WEBSITE OR THE DOWNLOADING OF ANY CONTENT ON THE WEBSITE. USERS ARE SOLELY RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES AND VIRUS CHECKS (INCLUDING ANTI-VIRUS, REGULAR SYSTEM UPGRADES AND OTHER SECURITY CHECKS AND MEASURES) TO SATISFY THEIR PARTICULAR REQUIREMENTS FOR THE ACCURACY AND SECURITY OF DATA INPUT AND OUTPUT. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY ANY USER FROM US OR THROUGH THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
AS A USER, YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE REMEDY FOR ANY PROBLEMS OR DISSATISFACTION WITH THE SITE IS TO TERMINATE YOUR ACCOUNT AND DISCONTINUE ALL USE OF THE SITE.
Limitation on Liability
EXCEPT AS SET OUT BELOW, UNDER NO CIRCUMSTANCES, INCLUDING ANY BREACH OF CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE ARISING UNDER ANY OTHER LEGAL OR EQUITABLE THEORY WILL WE BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT ARISE OUT OF OR IN CONNECTION WITH THE USE OF OUR SITE OR INABILITY TO USE OUR SITE, OR FOR ANY SITE CONTENT, INFORMATION, SOFTWARE, PRODUCTS OR SERVICES OBTAINED OR ACCESSED THROUGH THE SITE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some states or jurisdictions do not allow the exclusion or limitation of consequential or incidental damages and, in such states or jurisdictions, our liability shall be limited to the fullest extent permitted by law.
IN NO EVENT SHALL WE BE LIABLE FOR ANY CONTENT POSTED, TRANSMITTED, EXCHANGED OR RECEIVED BY US OR ON BEHALF OF ANY USER ON OR THROUGH THE WEBSITE (INCLUDING ANY USER GENERATED SUBMISSIONS). IN NO EVENT SHALL OUR TOTAL LIABILITY TO ANY USER FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED, IN THE AGGREGATE (i) THE AMOUNT, IF ANY, PAID BY THE USER TO US FOR HIS/HER/ITS USE OF THE SITE OR FOR ANY OF HIS/HER/ITS ACTIVITIES ON THE SITE DURING THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE CLAIM, OR (ii) NINE U.S. DOLLARS (USD$100.00), WHICHEVER IS GREATER.
To the fullest extent permitted by law, you release us, our Affiliated Parties and our related individuals, affiliates and subsidiaries, and any of their trustees, directors, officers, shareholders, employees, representatives, consultants, attorneys, agents, suppliers, distributors, licensees and/or licensors from any and all responsibility, liability, claims, demands, and/or damages (actual, statutory and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with the following: (i) disputes between users, including those between you and other users; (ii) third party sites and services, including content found on such sites and services; (iii) disputes concerning any use of or action taken using your access credential by you or a third party; (iv) claims relating to the unauthorized access to any data communications or content stored under or relating to your access credentials, including unauthorized use or alteration of such communications.
If You are an individual and have a dispute with one or more users of the Website, or with any party who provides advertising or third party services, on or through the Website, or with any party who provides a website link to or on the Website or from third party content which is posted on the Website, you release us and our Affiliated Parties from all claims, demands, and damages (incidental, indirect, punitive, statutory, exemplary, special or consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such dispute. If you have a dispute with any third party in any way pertaining to our Website, services and/or products, you release us and our Affiliated Parties from any and all claims, demands, and damages (incidental, indirect, punitive, statutory, exemplary, special or consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such dispute. You also waive California Civil Code § 1542 which says:
A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.
You also waive any and all benefits and rights that would otherwise accrue to you by reason of the provisions of any federal or state statute or principle of common law of any state of the United States, or any political entity or nation, province or local law or regulation that may govern this release, which statute, regulation, law or principle provides in substance something similar to California Civil Code § 1542. You agree not to file any action or lawsuit inconsistent with the foregoing release.
Dispute Resolution and Binding Arbitration.
BY AGREEING TO BINDING ARBITRATION, YOU AND BWV Media Management LLC ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.
ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR USE OF THE WEBSITE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.
The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with its Consumer Arbitration Rules (the "AAA Rules") then in effect, except as modified by this Section. (The AAA Rules are available at adr.org or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section.
The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the Agreement is void, voidable or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction.
Each party in an arbitration or small claims procedure will be responsible for their own legal fees.
If permitted by local law, you may elect to pursue your claim in small-claims court rather than arbitration if you provide us with written notice of your intention do so within sixty (60) days of your purchase. The arbitration or small-claims court proceeding will be limited solely to your individual dispute or controversy.
You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR BWV Media Management LLC WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.
Pre-Filing Mediation. In the event of a dispute, prior to initiating arbitration, the party asserting the claim must first send to the other, by overnight courier, a written Notice of Claim (“Notice”). If You are the claimant, the Notice to Us must be addressed to: Legal Department, BWV Media Management LLC 5471 Southern Maryland Blvd, Unit 59 Lothian, MD 20711 and emailed to email@example.com. If We are the claimant, the Notice must be sent to the address We have on file for You in Your Account. The Notice must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought. Following receipt of the Notice, each party agrees to negotiate with the other in good faith about the claim. If the claim is not resolved to the satisfaction of the claimant within sixty (60) days after Notice is provided, the claimant may pursue the claim in arbitration or file a claim in small claims court, as appropriate.
Settlement Offers: During the arbitration, the amount of any settlement offer made by You or Us shall not be disclosed to the arbitrator.
Initiating A Claim: The form required to initiate an arbitration may be printed or downloaded from www.adr.org. Alternatively, You may contact the arbitration administrator by calling 1-800-778-7879 or writing to the American Arbitration Association, 150 N. Michigan Ave., Suite 3050, Chicago, Illinois, 60601.
Location of Hearing: Unless you and we agree otherwise, any arbitration hearings will take place in Prince George’s County, Maryland. If your claim is for US$10,000 or less, we agree you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds US$10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a written decision sufficient to explain the essential findings and conclusions on which the award is based.
Class/Private Attorney General Waivers: YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and we agree otherwise, the arbitrator may not consolidate the claims of more than one party, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable as applied to any claim asserted by any individual, then the entirety of the arbitration provision set forth herein shall be null and void.
Injunctive Relief Limitation: The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide the relief warranted by that party’s individual claim.
Small Claims Procedure Alternative: Notwithstanding the foregoing binding arbitration procedure, either party may bring an individual action in small claims court (provided the claim otherwise qualifies for such a program) as an alternative to proceeding with arbitration.
Notice for California Users
Under California Civil Code Section 1789.3, users of the Website from California 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 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210.
Notice For New Jersey Users
The following sections shall not apply to users of the Website from New Jersey: Disclaimers/No Warranties, Limitation of Liability and Jurisdiction.
Limitation on Time to File Claims
If any court of competent jurisdiction finds the above arbitration and/or class action waiver provisions invalid or inapplicable, you agree to the exclusive jurisdiction of the federal and state courts located in Prince George’s County, Maryland, and the related appellate courts, in any related action or proceeding. Further, you irrevocably submit to the exclusive jurisdiction of, and venue in, the state and federal courts in Prince George’s County, Maryland, and the related appellate courts, in any related action or proceeding and agree shall to not raise any claims as to Prince George’s County, Maryland being an inconvenient forum.
Waiver and Severability
These Terms and the rights, benefits and obligations contained herein are fully assignable by us and will be binding upon and inure to the benefit of our successors and assigns.
No party, nor any of the parties’ respective attorneys, shall be deemed the drafter of this agreement for purposes of interpreting any provision hereof in any judicial or other proceeding that may arise between the parties.
Your Comments and Concerns
The Website is operated by BWV Games,5471 Southern Maryland Blvd, Unit 59 Lothian, MD 20711.
All other feedback, comments, requests for technical support, and other communications relating to the Website should be directed to: firstname.lastname@example.org.
© 2023 BWV Media Management, LLC.