These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and BKV PRODUCTIONS LLC ("Company," "we," "us," or "our"), a limited liability company organized under the laws of the State of Colorado.
PLEASE READ THESE TERMS CAREFULLY. BY ACCESSING OR USING OUR WEBSITE (THE "SITE") AND SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE, DO NOT USE THE SITE OR SERVICES.
BKVHealth provides a chat interface designed to assist users in understanding, organizing, and drafting communications regarding their dental and medical bills ("Services").
CRITICAL DISCLAIMER - NO GUARANTEE OF RESULTS:
YOU ACKNOWLEDGE AND AGREE THAT THE COMPANY MAKES NO REPRESENTATIONS, WARRANTIES, OR GUARANTEES WHATSOEVER REGARDING THE OUTCOME OF YOUR USE OF THE SERVICES. SPECIFICALLY, WE DO NOT GUARANTEE THAT:
The Services, including all text, drafts, and information generated through our Services, are for informational and administrative purposes only.
By uploading, transmitting, or inputting any documents, data, text, files, or other materials ("User Content") to the Site, you represent and warrant that you have the full legal right to do so and that such content does not violate any third-party rights or applicable laws.
License Grant to Company:
You hereby grant BKV PRODUCTIONS LLC a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, fully paid-up, transferable, and sublicensable license to access, use, store, copy, modify, distribute, display, perform, create derivative works of, and otherwise exploit your User Content for any purpose whatsoever, including but not limited to:
You explicitly waive any "moral rights" or other rights with respect to attribution of authorship or integrity of materials regarding your User Content.
Your use of the Services is also governed by our Privacy Policy, which is incorporated into these Terms by reference.
TO THE FULLEST EXTENT PERMITTED BY COLORADO LAW, IN NO EVENT SHALL BKV PRODUCTIONS LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES; OR (iii) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.
OUR TOTAL LIABILITY TO YOU FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES, REGARDLESS OF THE FORM OF THE ACTION, IS LIMITED TO THE AMOUNT PAID BY YOU TO US FOR THE SERVICES IN THE TWELVE (12) MONTHS PRIOR TO THE CLAIM, OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.
You agree to defend, indemnify, and hold harmless BKV PRODUCTIONS LLC and its licensees and licensors, and their employees, contractors, agents, officers, and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of: (a) your use and access of the Service, by you or any person using your account and password; (b) a breach of these Terms; or (c) your User Content.
These Terms shall be governed and construed in accordance with the laws of the State of Colorado, without regard to its conflict of law provisions. You agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within Colorado for the resolution of any disputes arising out of or relating to these Terms or the Services.
Binding Arbitration. Any dispute, controversy, or claim arising out of or relating to these Terms, including the formation, interpretation, breach, or termination thereof, including whether the claims asserted are arbitrable, will be referred to and finally determined by arbitration in accordance with the JAMS International Arbitration Rules. The tribunal will consist of one arbitrator. The place of arbitration will be Denver, Colorado.
Class Action Waiver. YOU AND BKV PRODUCTIONS LLC AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. By continuing to access or use our Services after those revisions become effective, you agree to be bound by the revised terms.
If you have any questions about these Terms, please contact us at [email protected].