Terms & Conditions

Welcome to BagNotBin! These Terms of Use (“Terms”) are a contract between you and BagNotBin LLC. (“BNB” or “we”) and govern your access to and use of any BNB website, mobile application (such as for iPhone, Android ) or content, or products and/or services made available through BNB (collectively, the “Site”). Please read these Terms carefully before accessing and using the Site.

  1. TERMS OF USE
  1. Acceptance of Terms. By accessing and/or using the Site, you accept and agree to be bound by these Terms, just as if you had agreed to these Terms in writing. If you do not agree to these Terms, do not use the Site.
  2. Amendment of Terms. BNB may amend the Terms from time to time. Unless we provide a delayed effective date, all amendments will be effective upon posting of such updated Terms. Your continued access to or use of the Site after such posting constitutes your consent to be bound by the Terms, as amended.
  3. Additional Terms. In addition to these Terms, when using particular plans, offers, products, services or features, you will also be subject to any additional posted guidelines, or rules applicable to such plan, offer, product, service or feature, which may be posted and modified from time to time. All such additional terms are hereby incorporated by reference into the Terms, provided that in the event of any conflict between such additional terms and the Terms, the Terms shall control.
  1. BNB PLATFORM
  1. BNB Platform. BNB is an online platform that enables BNB members to purchase meals offered and prepared by restaurants, food service providers, and chefs that partner with BNB (“Merchants”). Through the BNB platform you can access third party products and services. BNB itself is not a restaurant, chef or food service provider and does not own, operate or control any of the restaurants, chefs, or food services facilities accessible through the Site.
  2. You can purchase the available meals (“Meals”) through the Site once you create your Account. The payment will be handled by Stripe, and you must provide a current, valid, accepted method of payment to buy Meals.
  3. BNB Meals. 

Discounts: Merchants have the flexibility to offer discounted meals, which may include non-surplus items sold at a special rate or exclusive offers. Additionally, they can sell their daily and fresh surplus food through pre-fixed meal options (“Meal Options”) or mix’n match meal boxes (“Meal Box”). After placing an order, you can select your Meal Option or customize your Meal Box at the Merchant location based on the availability of surplus food for the day of the order.

Non-discounted meals: In addition to discounted offerings, Merchants can also feature their regular menu items

  1. Merchant and Meal Availability and Allocation. BNB makes no guarantee on the availability of particular Merchants, meals, menu choices or other inventory, and availability may change over time. BNB Merchants are able to manage the meals that they are offering on the Site. Modifications, substitutions and any other changes are permitted in order to adapt the orders to the surplus food available for each day.
  2. Meal Ingredients. BNB makes no guarantee of the ingredients contained in any meal. It is your responsibility to make sure that you can eat all of the ingredients contained in any meal.
  3. The Merchants available on our Site operate independently and have entered into agreements with us to provide the food services available to you on the Site. The Merchants are required to comply with federal, state and local laws, rules, regulations, and standards pertaining to the preparation, sale and marketing of food, including food preparation and safety and menu disclosure; BNB is not responsible for the Merchants’ food preparation or safety and does not verify any Merchants’s compliance with applicable laws. In addition, BNB does not guarantee the quality of what the Merchants sell, nor does it guarantee the services provided by the Merchant. In addition, BNB does not independently verify representations made by Merchants regarding their food, including without limitation any menu- or restaurant- level descriptors or disclosures.
  1. USE OF BNB; ELIGIBILITY; REGISTRATION INFORMATION AND PASSWORD; SITE ACCESS
  1. Eligibility Criteria. You may only use the Site to order if you are the authorized holder of the credit card used for payment or an authorized user of a corporate account and if you are able to form a binding contract with us. In addition, if you are a minor in the jurisdiction in which you reside (generally under the age of 18), you must have the permission of, and be directly supervised by, your parent or legal guardian to use the Site, and your parent or legal guardian must read and agree to this Agreement prior to your using the Site. Notwithstanding the foregoing, you are prohibited from using the Site if you are under the age of 13.
    THESE TERMS ARE ONLY APPLICABLE TO USERS IN THE U.S. AND SEPARATE TERMS APPLY TO USERS IN OTHER JURISDICTIONS. THE SITE IS NOT AVAILABLE TO ANY USERS SUSPENDED OR REMOVED FROM THE SITE BY BNB. BY USING THE SITE, YOU REPRESENT THAT YOU ARE A RESIDENT OF THE UNITED STATES WHO HAS NOT BEEN PREVIOUSLY SUSPENDED OR REMOVED FROM THE SITE. THOSE WHO CHOOSE TO ACCESS THE SITE DO SO AT THEIR OWN INITIATIVE AND ARE RESPONSIBLE FOR COMPLIANCE WITH ALL LOCAL RULES INCLUDING, WITHOUT LIMITATION, RULES ABOUT THE INTERNET, DATA, EMAIL OR OTHER ELECTRONIC MESSAGES, OR PRIVACY.
  2. Account Information. Use of the Site to order requires that you register and/or create an Account (“Account”). To register and create an Account, you must create a password and provide certain personal information. In consideration of the use of the Site’ services, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the registration form, and (b) maintain and promptly update the personal information you provide to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or BNB has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, BNB has the right to block your current or future use of the Site (or any portion thereof).
  3. You are responsible for maintaining the confidentiality and security of your Account and password and for all activities or any other actions that occur under or are taken in connection with your password or Account. You agree to (a) immediately notify BNB of any known or suspected unauthorized use(s) of your password or Account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password or credit card information; and (b) ensure that you exit from your Account at the end of each session. BNB will not be liable for any injury, loss or damage of any kind arising from or relating to your failure to comply with (a) and (b) or for any acts or omissions by you or someone else using your Account and/or password.
  4. Your Account is personal to you and you agree not to create more than one Account. Members cannot transfer or gift meals to third parties, including other BNB members. BNB may not be used for commercial purposes.
  5. Organizations Accounts. If you are using or opening an Account on behalf of a company, entity, or organization (a “Organization Account”), then you represent and warrant that you are an authorized representative of that Organization Account with the authority to bind such organization to these Terms; and agree to be bound by these Terms on behalf of such Organization Account.
  6. To use your Account you must have access to the Internet. We continually update and test various aspects of the BNB platform. We reserve the right to, and by using our service you agree that we may, include you in or exclude you from these test without notice.
  1. BILLING
  1. By purchasing a BNB Meal, you authorize us to charge you for the price of the Meal, that is set by the Merchant. You also authorize us to charge you any other fees you may incur in connection with your use of the Site, such as any applicable sign-up fee or taxes, as further explained below.
  2. Our Credit Policy. Unless prohibited by law, in the event of any error in your order or the amount you were charged, you are entitled to a credit, provided it is brought to our attention within 60 days of your order date. If you do not raise the issue within 60 days of your order date, you waive the ability to receive a credit for any error.
  3. Payment Methods. You may edit your Payment Method information through the BNB mobile application. If a payment is not successfully settled, due to expiration, insufficient funds or otherwise, you nonetheless will remain responsible for any uncollected amounts. If we cannot charge your Account, we reserve the right, but are not obligated, to terminate your access to our Site or any portion thereof.
  1. OTHER FEES
  1. Fees We Charge. Your BNB Meal fee covers your access to eligible meals as explained above. We reserve the right to change the policy regarding when we charge fees, to introduce additional fees and to change the amount of any such fees at any time. Additionally, from time to time we may allow you to purchase additional meals, products or services through the BNB Site. If you choose to purchase any of these offerings, you will be responsible to pay the applicable fees in addition to the previous purchased Meals.
  2. Third Party Fees for Using BNB. You are also responsible for all third party charges and fees associated with connecting and using the Site, including fees such as internet service provider fees, telephone and computer equipment charges, sales tax and any other fees necessary to access the Site.
  3. Taxes and fees. Taxes and fees are charged on all BNB Meals in order to pay taxes to our Merchants partners and to cover other taxes and fees paid by BNB. In most cases, the taxes and fees match the taxes one would pay at a merchant in the cities in which BNB is offered. 
  1. ORDER, PICK UP AND CANCELLATION OF MEALS
  1. As a BNB member you must order your BNB meals only through the BNB mobile application. It is a breach of your Account terms if you change or order a meal directly with a Merchant. After placing an order you will receive a confirmation on the “My Orders” page in the BNB mobile application. It is important that you stick to the pickup time specified by the Merchant. Check the Merchant description, for details about when you can pick up your meal order at the Merchant. 
  2. When you have arrived at the Merchant, show your receipt on the “My Orders” page in the BNB mobile application to the Merchant’s employees to receive your meal. For some discounted meals, you will be able to choose your Meal Option or how to fill your Meal Box according to the surplus availability for the day. Check the Merchant description on how its BNB Meals work.
  3. If you do not pick up your order: If you do not pick up your order on time, BNB is entitled to sell the product to another party, without any liability to you. BNB will not refund completed Orders for late or missing pickup, nor will the Merchant.
  4. Gifts and Promotions. From time to time we may make available gift cards for Meals, giveaways, other types of promotions or promotional plans (including through the use of promotional codes or those provided as part of a third party promotion). Gift cards, promotions and promotional plans may be redeemed as described in the specifics of the promotion and may be subject to additional or different terms. Unless otherwise expressly communicated to you in connection with your redemption, gift cards, promotions and promotional plans are not transferable, can only be used once, cannot be redeemed for cash, and may not be combined with other offers and are void where prohibited. To be eligible for certain promotions, you must not have an existing Account.
  5. Meal Points and Referral Program: Meal points function as a supplementary benefit, enabling users to order meals beyond their regular funds. These points can be earned through various methods, including spending a designated amount. Additionally, each account is equipped with a unique referral code. When others sign up using your code, both you and the new user receive a specified amount of meal points. Please be aware that the details of meal points and the referral program are subject to change.
  1. TERMINATION OR MODIFICATION BY BNB
  1. Termination or Modification. You understand and agree that, at any time and without prior notice BNB may (1) terminate, cancel, deactivate and/or suspend your user Account, any meals ordered, or your access to or use of the Site (or any portion thereof) and/or (2) discontinue, modify or alter any aspect, feature or policy of the Site or your Account. Upon any termination, we may immediately deactivate your Account and all related information and/or bar any further access to your Account information and the Site. If we determine that you have violated these Terms or otherwise engaged in illegal or improper use of the Site, you will not be entitled to any refund and you agree that we will not be responsible to pay any such refund. You agree that BNB will not be liable to you or any third party for any termination or modification to the service regardless of the reason for such termination or modification. You acknowledge that your only right with respect to any dissatisfaction with any modification or discontinuation of service made by us is to cancel or terminate your user Account.
  2. Infringing or Fraudulent Activity. BNB does not permit copyright infringing activities and reserves the right to terminate access to the Site and remove all content submitted by any persons who are found to be infringers. Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of your use of the Site may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies BNB may have at law or in equity.
  1. ELIGIBILITY Criteria for Merchants

8.1 Business Verification

To avail yourself of the Services provided by BNB, you must meet certain eligibility criteria. These may include, but are not limited to, possessing a valid business license and adhering to all local, state, and federal laws and regulations applicable to your industry. BNB reserves the right to verify these credentials and any other information you provide for the purpose of using our Services. 

8.2 Compliance with Applicable Laws

As a Business, you are solely responsible for ensuring that your use of the BNB Platform and Services complies with all applicable laws and regulations. This includes, but is not limited to, compliance with health and safety standards, employment laws, and any other legal obligations.

  1. PAYMENT PROCESSING AND FUNDS TRANSFER FOR MERCHANTS 

 

9.1 Payment Gateway

Customers make payments for orders through the BagNotBin platform. All customer payments are processed through the Stripe payment gateway.

 

9.2 Funds Transfer

Merchants will receive the full amount of every order made by the customer. Revenue from customer orders will be automatically transferred to the merchatns on a weekly basis.

 

9.3 Payment Accuracy

The merchants will receive the exact funds reflected in their account, covering the full amount of each customer order. Currently, BagNotBin does not deduct any fees or commission from the funds received by the merchants for customer orders. However, it’s important to note that in the future, BagNotBin reserves the right to introduce fees or commission structures. Any such changes will be communicated to the business in advance, providing transparency and an opportunity for review.

 

9.4 Stripe Integration

Merchants may receive direct deposits as payments if they choose, facilitated through Stripe, Inc. The use of Stripe for payment processing is subject to Stripe’s terms and conditions. If you encounter any payment-related issues within the BagNotBin app, please contact BagNotBin Support at support@bagnotbin.com for assistance.

 

9.5 Weekly Payouts

Weekly payouts to the business will occur on a specified day for the revenue generated from the orders of the prior week. The method of payment will be carried out through the agreed-upon arrangement between the merchant and Bagnotbin.

 

9.6 Refunds and Chargebacks

In the event of customer refunds or chargebacks, BagNotBin will handle the resolution process and may deduct corresponding amounts from future payouts to the business.

 

9.7 Financial Reporting

The business will have access to financial reports detailing customer orders, payments, and payouts through their BagNotBin account.

 

  1. USAGE OF PROVIDED PHONE FOR MERCHANTS

 

10.1 Tablet Provision and Ownership

BNB may provide you with a device for easier management and execution of orders through our Platform. You acknowledge that this tablet remains the property of BNB and is provided to you on a loan basis for the sole purpose of using the BNB Services.

 

10.2 Responsible Usage

You agree to use the tablet device responsibly and solely for the purpose of conducting Business via the BNB Platform. Any misuse, alteration, or tampering with the device is strictly prohibited and may result in termination of your account and/or legal action.

 

  1. MEAL ORDERS AND CANCELLATION POLICY FOR MERCHANTS 

 

11.1 Order Placement and Confirmation

When an order is placed by a customer through the BNB Platform, you will receive a notification for order confirmation. You are expected to confirm the order within a reasonable timeframe to ensure timely preparation and pickup by the customer.

 

11.2 Regular and Discounted Meals

The BNB Platform enables two types of meal orders:

  • Discounted Meals: Meals that are sold at a discounted rate and are typically available for pickup an hour before the restaurant closes.
  • Non Discounted Meals: Meals that are available at a non discount and can be ordered and picked up at any time during your business hours.

 

You are required to update the availability status of both types of meals on the Platform. Failure to do so may result in penalties as specified in these Terms. Additionally, after a customer places an order, you are obligated to either confirm or cancel the order promptly. If you confirm the order, you are expected to prepare the specified meal for the customer to pick up at the agreed-upon time. Failure to update meal availability status or fulfill confirmed orders may result in penalties as specified in these Terms.

 

11.3 Cancellation and Refund Policy

In instances where you need to cancel a confirmed order, the customer is entitled to a full refund. You agree to comply with this policy and understand that failure to do so may result in penalties, including but not limited to, suspension or termination of your BNB account.

 

  1. INTELLECTUAL PROPERTY RIGHTS 

 

12.1 Ownership of Content and Platform

The BNB Platform, including its visual interfaces, graphics, design, compilation, software, and all other elements, are owned and operated by BagNotBin LLC and are protected by the intellectual property laws of the United States, international conventions, and all other relevant laws.

 

12.2 License to Use BNB Content

By using the BNB Platform, you are granted a non-exclusive, limited, and revocable license to access and use the Platform’s materials and content strictly in accordance with these Terms. This license does not include any resale or commercial use of the Platform or its contents; any collection and use of any product listings, descriptions, or prices; or any derivative use of the Platform and its contents.

 

12.3 User-Generated Content

You may upload menus, meal descriptions, and other content to the Platform (“User-Generated Content”). You are solely responsible for the accuracy, legality, and compliance with relevant laws regarding such content. By uploading User-Generated Content, you grant BNB a non-exclusive, transferable, sub-licensable, royalty-free, and worldwide license to use, display, and distribute such content on the Platform.

 

12.4 Prohibited Activities

You may not use the BNB Platform for any illegal or unauthorized purpose. You agree to comply with all laws, rules, and regulations applicable to your use of the Service and your User-Generated Content, including but not limited to, copyright laws.

 

  1. CONFIDENTIALITY AND DATA PROTECTION 

 

13.1 Confidentiality

Both parties agree to maintain the confidentiality of all information obtained during the execution of the Services. This includes customer data, business processes, and other proprietary information.

 

13.2 Data Protection and Compliance

You agree to comply with all applicable data protection and privacy laws. You are responsible for securing data and ensuring that customers’ personally identifiable information is protected.

 

  1. LIMITATION AND INDEMNIFICATION

 

14.1 Limitation of Liability 

BagNotBin’s liability to you for any cause whatsoever will be limited to the greater of 5% of the total revenue paid by you for the Services in the three months prior to the event causing the liability or the actual amount paid by you during that period. BagNotBin will not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or in connection with these Terms or the Services.

 

14.2 Indemnification

You agree to indemnify, defend, and hold harmless BNB, its officers, directors, employees, agents, and third parties, for any losses, costs, liabilities, and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of the BNB Platform, including any breach by you of these Terms.

 

  1. TERMINATION AND ACCOUNT CANCELLATION 

 

15.1 Right to Terminate

BNB reserves the right to terminate or suspend your account and access to the Services for conduct that we believe violates these Terms or is harmful to other users of the Services, us, or third parties, or for any other reason, in our sole discretion.

 

15.2 Consequences of Termination

Upon termination, you will lose all access to the Services and any data or information stored within your account. BNB will not be liable for any loss or damage following any termination or suspension of your account.

 

  1. TAX RESPONSIBILITIES 

16.1 Overview

BagNotBin acknowledges and agrees that it is responsible for collecting and remitting taxes on behalf of the business for all transactions completed through the BagNotBin platform. The tax rate applied will be determined based on the relevant state or city tax regulations and may vary accordingly.

 

16.2 Customer-Facing Tax

BagNotBin will charge customers an additional percentage on the total cost of each transaction. This amount represents the tax that is applicable to the revenue generated by the business through the BagNotBin platform.

 

16.3 Revenue Disbursement

The business will receive the total order amount, excluding the percentage customer-facing tax. BagNotBin, after deducting the customer-facing tax, will remit the remaining balance to the business.

 

16.4 Tax Calculation

BagNotBin will calculate the percentage tax on each transaction based on the total order amount. The business will not be responsible for calculating or collecting this tax separately.

 

16.5 Tax Reporting

BagNotBin will maintain accurate records of all transactions, including the customer-facing tax, for tax reporting purposes. The business may request access to these records for its own accounting.

 

16.6 Tax Remittance

BagNotBin will remit the collected percentage tax to the appropriate tax authorities in compliance with local, state, and federal tax regulations.

 

16.7 Changes in Tax Rate

In the event of changes in tax rates or tax-related regulations, BagNotBin reserves the right to adjust the customer-facing tax rate accordingly. The business will be notified of any such changes in advance.

 

16.8 Indemnification

BagNotBin agrees to indemnify and hold the business harmless from any claims, liabilities, costs, or expenses arising from BagNotBin’s failure to collect or remit the percentage tax on the business’s behalf.

 

  1. DATA PRIVACY AND SECURITY MEASURES 

 

17.1 Data Privacy

Payment-related data will be handled in accordance with applicable data privacy laws. BagNotBin may share necessary payment information with its payment processing partner, Stripe, as part of the payment process. Data-sharing arrangements with Stripe are outlined in BagNotBin’s Privacy Policy..

 

17.2 Security Measures

BagNotBin has implemented security measures to protect payment information. The business is responsible for maintaining the security of their account, including authorizing only designated individuals for account access. Accessing sensitive pages, such as the area where bank account information is added, is further secured by requiring users to input a confirmation code sent to their email for access.

 

  1. FORCE MAJEURE 

 

18.1 Definition

Neither party will be liable for any failure or delay in performing any obligation under these Terms that is due to any of the following causes, to the extent beyond its reasonable control: acts of God, accident, riots, war, terrorist act, epidemic, pandemic, quarantine, civil commotion, breakdown of communication facilities, natural catastrophes, governmental acts or omissions, changes in laws or regulations, national strikes, fire, explosion, or generalized electricity outages.

 

18.2 Procedure

If a Force Majeure event occurs, the affected party shall notify the other party as soon as possible and shall do everything possible to resume its performance of obligations under these Terms.

 

  1. MISCELLANEOUS PROVISIONS 

 

19.1 Entire Agreement

These Terms constitute the entire agreement between you and BNB and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to the Services.

 

19.2 Severability

If any provision of these Terms is held by a court of competent jurisdiction to be contrary to law, the provision shall be modified by the court and interpreted so as best to accomplish the objectives of the original provision to the fullest extent permitted by law, and the remaining provisions of these Terms shall remain in effect.

 

19.3 Assignment

You may not assign any of your rights or obligations under these Terms, whether by operation of law or otherwise, without the prior written consent of BNB.

  1. PRIVACY

Your privacy is important to BNB. The BNB Privacy Policy is hereby incorporated into these Terms by reference. Please read the privacy policy carefully for information relating to BNB’ collection, use, and disclosure of your personal information. When you make an order, the applicable Merchant partner will have access to certain information about you, such as your name and email address, so it can provide services to you, communicate with you regarding the meal you ordered and send you other communication that may be of interest to you such as marketing offers. Please see the Privacy Policy for more information.

YOUR CONTENT AND CONDUCT

  1. User Conduct by accessing the Site, you agree:
     

    • to comply with all applicable laws regarding online conduct and submission of acceptable User Content;
    • not to use the Site or the services or submit content to the Site if you are under the age of 17;
    • not to access the Site or services using a third-party’s Account/registration without the express consent of the Account holder;
    • not to attempt, through any means, to gain unauthorized access to any part of the Site and/or any service, other Account, computer system and/or network connected to any BNB server;
    • not to attempt to impersonate another user or person;
    • not to advertise, or solicit, any user to buy or sell any products or services, unless authorized by BNB;
    • not to deep-link to the Site and/or access the Site manually and/or with any robot, spider, web crawler, extraction software, automated process and/or device to scrape, copy and/or monitor any portion of the Site and/or any Materials and/or other content on the Site, unless BNB has given you specific permission to do so in writing;
    • not to conduct any kind of systematic retrieval of data or other content from the Site;
    • not to create or compile, directly or indirectly, any collection, compilation, database or directory from the Site content;
    • not to use the Site in any manner that could damage, disable, overburden and/or impair any BNB server, or the network(s) connected to any BNB server, and/or interfere with any other party’s use and enjoyment of the Site;
    • not to transmit any chain letters or junk email;
    • not to use any information obtained from the Site or the BNB services in order to contact, advertise to, solicit, or sell to any user or merchant;
    • not to sell or transfer your profile;
    • not to use the Site to engage in commercial activities apart from sanctioned use of BNB services;
    • not to use the Site as part of an effort to compete with BNB, the Site, or the BNB services;
    • not to copy any content, including, but not limited to restaurant menu content and third-party reviews, for republication in any format or media;
    • not to license, sell and/or otherwise provide access to and/or use of the Site to any third party, including without limitation to build a competitive product and/or service;
    • not to create restaurant reviews or blog entries for or with any commercial or other purpose or intent that does not in good faith comport with the purpose or spirit of the Site;
    • not to copy, publish or redistribute any coupon or discount code or act in bad faith in an attempt to manipulate or gain an unintended commercial benefit from incentive offers;
    • not to harass, annoy, intimidate or threaten any BNB employees or agents engaged in providing any portion of BNB’s services;
    • not to display an advertisement, or accept payment or anything of value from a third person in exchange for your performing any commercial activity on or through the Site or BNB’s services on behalf of that person, such as posting blogs or bulletins with a commercial purpose;
    • not to delete the copyright or other proprietary rights notice from any User Content or any portion of the Site or BNB’s services;
    • not to upload or transmit viruses or other harmful, disruptive or destructive files;
    • not to disrupt, interfere with, or otherwise harm or violate the security of the Site, or any services, system resources, Accounts, passwords, servers or networks connected to or accessible through the Site or affiliated or linked Site (including those of our restaurant partners); and
    • not to use the Site for any illegal purposes.
  2. You agree that the consequences of commercial use or re-publication of User Content or Materials from the Site or other violations of the foregoing proscriptions may be so serious and incalculable that monetary compensation may not be a sufficient or appropriate remedy and that BNB will be entitled to temporary and permanent injunctive relief to prohibit such use or activity, without the need to prove damages.
  3. You grant BNB an irrevocable, transferable, paid up, royalty-free, perpetual, non-exclusive worldwide sub-licensable license to use, copy, display, publish, modify, remove, publicly perform, translate, create derivative works from, distribute and/or otherwise use User Content in connection with BNB’s business and in all forms of media now known or hereafter invented (collectively, the “Uses”), without notification to and/or approval by you. You further grant BNB a license to use your username and/or other user profile information, including without limitation, how long you have been a BNB diner, to attribute User Content to you in connection with the Uses, if we choose to do so, again without notification to and/or approval by you. Further, if you provide any suggestions, input or other feedback relating to the Site or the services we provide, BNB shall have the right to freely and fully exercise and exploit such content in connection with its business, without notice to, approval by or compensation to you.
  4. User Content transmitted to certain parts of the Site, including, without limitation, restaurant pages and certain Interactive Areas, may be posted in public areas on our Site, including without limitation in a compilation format, and as such will be publicly visible and accessible. BNB and its officers, directors, employees, parents, subsidiaries, affiliates, successors, assigns, licensors, licensees, designees, business partners, contractors, agents and representatives (collectively, the “Released Parties”) will not be responsible for, and you hereby expressly release the Released Parties from, any and all liability for the action of any and all third parties with respect to User Content.
  5. By transmitting User Content, you agree to follow the standards of conduct below, and any additional standards that may be stated on the Site. We do our best to encourage civility and discourage disruptive communication on the Site. We also discourage communications that incite others to violate our standards. We expect your cooperation in upholding our standards. You are responsible for all of your User Content. You agree not to provide any User Content that:
     

    • is unlawful, harmful to adults or minors, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, profane, offensive, invasive of another’s privacy, hateful, and/or racially, ethnically and/or otherwise objectionable;
    • has a commercial, political or religious purpose;
    • is false, misleading and/or not written in good faith;
    • infringes any patent, trademark, trade secret, copyright, right of privacy and/or publicity, and/or other proprietary rights of any person and/or entity;
    • is illegal and/or promotes illegal activity;
    • contains unauthorized advertising and/or solicits users to a business other than those on the Site; and/or
    • is intended to interrupt, destroy or limit the functionality or integrity of any computer software, hardware or Materials on the Site or other webSite.
  6. BNB may monitor any and all use of the Site; however, we are under no obligation to do so. We may manage the Site in a manner intended to protect our property and rights and to facilitate the proper functioning of the Site. If any User Content or conduct on our Site violates our standards, or any other terms and conditions of this Agreement; or interferes with other peoples’ enjoyment of the Materials or our Site; or that we believe is inappropriate; in our sole judgment, we reserve the right to change, delete or remove, in part or in full, any such User Content or Materials; and we further reserve the right to terminate or suspend access to any Interactive Areas or any Site. BNB will cooperate with local, state and/or federal authorities to the extent required by applicable law in connection with User Content.
  1. FEEDBACK
  1. Feedback. If you provide BNB with any comments, bug reports, feedback, or modifications proposed or suggested by you to the Site (“Feedback”), BNB shall have the right to use such Feedback at its discretion, including, but not limited to the incorporation of such suggested changes into the Site. You hereby grant BNB a perpetual, irrevocable, nonexclusive license under all rights necessary to incorporate and use your Feedback for any purpose.
  1. PROHIBITED USES

As a condition of your use of the Site, you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner that, in our sole discretion, could damage, disable, overburden, or impair it or interfere with any other party’s use and enjoyment of the Site. You may not attempt to gain unauthorized access to the Site, or any part of the Site, other Accounts, computer systems or networks connected to the Site, or any part of them, through hacking, password mining, or any other means or interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site. You may not remove, circumvent, disable, damage or otherwise interfere with security-related features of the Site, any features that prevent or restrict use or copying of any content accessible through the Site, or any features that enforce limitations on the use of the Site or the content therein. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Site. You agree neither to modify the Site in any manner or form, nor to use modified versions of the Site, including (without limitation) for the purpose of obtaining unauthorized access to the Site. The Site may contain robot exclusion headers. You agree that you will not use any robot, spider, scraper, or other automated means to access the Site for any purpose without our express written permission or bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Site.

BNB reserves the right to refuse service, terminate Accounts, remove or edit content, or cancel orders in their sole discretion.

  1. OWNERSHIP; PROPRIETARY RIGHTS

The BNB website and mobile applications are owned and operated by BNB. The visual interfaces, graphics, design, compilation, information, computer code, products, software (including any downloadable software), services, and all other elements of the Site provided by BNB (“Materials”) are protected by the copyright, trade dress, patent, and trademark laws of Canada, the Unites States and other countries, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. Except for any content uploaded by you, all Materials contained on the Site are the copyrighted property of BNB or its subsidiaries or affiliated companies and/or third-party licensors. All trademarks, service marks, and trade names are proprietary to BNB or its affiliates and/or third-party licensors. Except as expressly authorized by BNB, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials.

  1. THIRD-PARTY Site, PRODUCTS AND SERVICES; LINKS

The Site may include links or access to other web Site or services (“Linked Site”) solely as a convenience to users. BNB does not endorse any such Linked Site or the information, material, products, or services contained on other linked Site or accessible through other Linked Site. Furthermore, BNB makes no express or implied warranties with regard to the information, material, products, or services that are contained on or accessible through linked Site. ACCESS AND USE OF LINKED Site, INCLUDING THE INFORMATION, MATERIAL, PRODUCTS, AND SERVICES ON LINKED Site OR AVAILABLE THROUGH LINKED Site, IS SOLELY AT YOUR OWN RISK.

Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Site are solely between you and such advertiser. YOU AGREE THAT BNB WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS THE RESULT OF ANY SUCH DEALINGS OR AS THE RESULT OF THE PRESENCE OF SUCH ADVERTISERS ON THE SITE.

  1. NOTICE

Except as explicitly stated otherwise, legal notices will be served, with respect to BNB, on BNB national registered agent, and, with respect to you, to the email address you provide to BNB during the registration process. Notice will be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you legal notice by mail to the address provided during the registration process. In such case, notice will be deemed given three days after the date of mailing.

  1. DISCLAIMERS; NO WARRANTIES

MEALS, AND OTHER NON-BNB PRODUCTS AND SERVICES OFFERED VIA THE SITE ARE OFFERED AND PROVIDED BY THIRD PARTIES, NOT BNB. YOUR COLLECTION AND USE OF THESE MEALS AND YOUR USE OF THESE NON-BNB PRODUCTS AND SERVICES IS SOLELY AT YOUR OWN RISK. IN NO EVENT SHALL BNB BE LIABLE FOR ANY ACT, ERROR OR OMISSION BY ANY THIRD PARTY, INCLUDING, WITHOUT LIMITATION, ANY WHICH ARISES OUT OF OR IS ANY WAY CONNECTED WITH A MEMBER’S VISIT TO A MERCHANT, A MEMBER’S USE OF OR CONSUMPTION OF A MEAL, SERVICE, PRODUCT OR APPOINTMENT MADE THROUGH THE SITE, OR THE PERFORMANCE OR NON-PERFORMANCE OF ANY THIRD PARTY PROVIDER IN CONNECTION WITH THE SERVICES. BNB IS NOT AN AGENT OF ANY THIRD PARTY PROVIDER.

THE SITE AND ANY DOWNLOADABLE SOFTWARE, CONTENT, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, BNB, ON BEHALF OF ITSELF AND ITS SUPPLIERS AND PARTNERS, DISCLAIMS AND EXCLUDES ALL WARRANTIES, WHETHER STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS.

WITHOUT LIMITING THE FOREGOING, BNB DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS (I) THAT THE SITE AND ANY DOWNLOADABLE SOFTWARE, CONTENT, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE AND ANY DOWNLOADABLE SOFTWARE, CONTENT, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SITE OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR (II) REGARDING THE USE OF THE SITE AND ANY DOWNLOADABLE SOFTWARE, CONTENT, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SITE IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. ANY MATERIAL OR DATA THAT YOU DOWNLOAD OR OTHERWISE OBTAIN THROUGH THE SITE IS AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA RESULTING FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

  1. WAIVER AND RELEASE

You understand that BNB is not a restaurant or food provider or other service provider and the meals you consume are sourced and prepared by the applicable Merchant and not by BNB. Although BNB endeavors to offer inventory that is of high quality, BNB is not responsible for the quality of any meals or service.

Therefore, to the fullest extent permitted by law, you release, indemnify, and hold harmless BNB, its parent, subsidiaries or affiliated entities, and each of their respective officers, directors, members, employees, consultants, contract employees, representatives and agents, and each of their respective successors and assigns, from any and all responsibility, claims, actions, suits, procedures, costs, expenses, damages and liabilities arising out of or in any way related to your participation in or use of your Account, including with respect to bodily injury, physical harm, illness, death or property damage.

Section 1542 of the California Civil Code provides that:

“A general release does not extend to claims which the party does not know or suspect to exist in his or her favor at the time of executing this release, which if known by him or her must have materially affected his settlement with the other party.”

YOU HEREBY EXPRESSLY WAIVE ALL RIGHTS UNDER CALIFORNIA CIVIL CODE SECTION 1542 (or any statute of like effect in the jurisdiction in which you are located). This waiver extends to and includes any and all claims, liabilities, injuries, damages, and causes of action that the parties do not presently anticipate, know, or suspect to exist, but that may develop, accrue, or be discovered in the future.

  1. INDEMNIFICATION; HOLD HARMLESS

You agree to indemnify and hold BNB, its affiliated companies, and its suppliers and partners harmless from any claims, losses, damages, liabilities, including attorneys’ fees, arising out of your misuse of the Site, violation of these Terms, violation of the rights of any other person or entity, or any breach of the foregoing representations, warranties, and covenants.

  1. LIMITATION OF LIABILITY AND DAMAGES

UNDER NO CIRCUMSTANCES WILL BNB OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS OR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES UNDER ANY THEORY OF LIABILITY, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE AND PRODUCT LIABILITY), OR OTHERWISE, EVEN IF BNB HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, BNB’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

BNB LIABILITY TO YOU IS LIMITED TO $50 OR THE AMOUNTS, IF ANY, PAID BY YOU TO BNB UNDER THIS AGREEMENT IN THE THREE MONTHS IMMEDIATELY PRIOR TO THE EVENT FIRST GIVING RISE TO THE CLAIM, WHICHEVER IS MORE. THE FOREGOING LIMITATIONS WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, REGARDLESS OF WHETHER BNB HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

  1. ARBITRATION AGREEMENT

PLEASE READ THE FOLLOWING CAREFULLY:

  1. Purpose. This Arbitration Agreement facilitates the prompt and efficient resolution of any disputes that may arise between you and BNB. Arbitration is a form of private dispute resolution in which parties to a contract agree to submit their disputes and potential disputes to a neutral third person (called an arbitrator) for a binding decision, instead of having such dispute(s) decided in a lawsuit, in court, by a judge or jury trial. You have the right to opt-out of this Arbitration Agreement (as explained below), which means you would retain your right to litigate your disputes in a court, either before a judge or jury.
    Please read this Arbitration Agreement carefully. It provides that all disputes between you and BNB shall be resolved by binding arbitration. Arbitration replaces the right to go to court. In the absence of this arbitration agreement, you may otherwise have a right or opportunity to bring claims in a court, before a judge or jury, and/or to participate in or be represented in a case filed in court by others (including, but not limited to, class actions). Except as otherwise provided, entering into this Arbitration Agreement constitutes a waiver of your right to litigate claims in court and all opportunity to be heard by a judge or jury. There is no judge or jury in arbitration, and court review of an arbitration award is limited. The arbitrator must follow this Arbitration Agreement and can award the same damages and relief as a court (including attorney’s fees).
    For the purpose of this Arbitration Agreement, “BNB” means BNB and its parents, subsidiaries, and affiliated companies, and each of their respective officers, directors, employees, and agents. The term “Dispute” means any dispute, claim, or controversy between you and BNB regarding any aspect of your relationship with BNB, whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, negligence, gross negligence or reckless behavior), or any other legal or equitable theory, and includes the validity, enforceability or scope of this Arbitration Agreement (with the exception of the enforceability of the Class Action Waiver clause below). “Dispute” is to be given the broadest possible meaning that will be enforced.
    WE EACH AGREE THAT, EXCEPT AS PROVIDED BELOW, ANY AND ALL DISPUTES, AS DEFINED ABOVE, WHETHER PRESENTLY IN EXISTENCE OR BASED ON ACTS OR OMISSIONS IN THE PAST OR IN THE FUTURE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION RATHER THAN IN COURT IN ACCORDANCE WITH THIS ARBITRATION AGREEMENT.
  2. Pre-Arbitration Dispute Resolution. For all Disputes, whether pursued in court or arbitration, you must first give BNB an opportunity to resolve the Dispute. You must commence this process by mailing a written notification to BNB, Legal Department, 177 Huntington Ave Ste 1703 , MA 02115. That written notification must include (1) your name, (2) your address, (3) a written description of the Dispute, and (4) a description of the specific relief you seek. If BNB does not resolve the Dispute to your satisfaction within 45 days after it receives your written notification, you may pursue your Dispute in arbitration. You may pursue your Dispute in a court only under the circumstances described below.
  3. Exclusions From Arbitration And Your Right To Opt Out. Notwithstanding the above, you may choose to pursue a Dispute in court and not by arbitration if (a) the Dispute qualifies, it may be initiated in small claims court in your state of residence; or (b) YOU OPT-OUT OF THESE ARBITRATION PROCEDURES WITHIN 30 DAYS FROM THE DATE THAT YOU FIRST CONSENT TO THIS AGREEMENT (the “Opt-Out Deadline”). You may opt out of this Arbitration Agreement by mailing written notification to BNB, Legal Department, 177 Huntington Ave Ste 1703 , MA 02115. Your written notification must include (1) your name, (2) your address, and (3) a clear statement that you do not wish to resolve disputes with BNB through arbitration. Your decision to opt-out of this Arbitration Agreement will have no adverse effect on your relationship with BNB. Any opt-out request received after the Opt-Out Deadline will not be valid and you must pursue your Dispute in arbitration or small claims court.
  4. Arbitration Procedures. If this Arbitration Agreement applies and the Dispute is not resolved as provided above (“PreArbitration Claim Resolution”) either you or BNB may initiate arbitration proceedings. The American Arbitration Association (“AAA”), www.adr.org, or JAMS, www.jamsadr.com, will arbitrate all Disputes, and the arbitration will be conducted before a single arbitrator. The arbitration shall be commenced as an individual arbitration, and shall in no event be commenced as a class arbitration. All issues shall be for the arbitrator to decide, including the scope of this Arbitration Agreement. For arbitration before the AAA, for Disputes of less than $75,000, the AAA’s Supplementary Procedures for Consumer-Related Disputes will apply; for Disputes involving $75,000 or more, the AAA’s Commercial Arbitration Rules will apply. In either instance, the AAA’s Optional Rules For Emergency Measures Of Protection shall apply. The AAA rules are available at www.adr.org or by calling 1-800-778-7879. For arbitration before JAMS, the JAMS Comprehensive Arbitration Rules & Procedures and the JAMS Recommended Arbitration Discovery Protocols For Domestic, Commercial Cases will apply. The JAMS rules are available at www.jamsadr.com or by calling 1-800-352-5267. This Arbitration Agreement governs in the event it conflicts with the applicable arbitration rules. Under no circumstances will class action procedures or rules apply to the arbitration. Because your contract with BNB, the Terms of Use, and this this Arbitration Agreement concern interstate commerce, the Federal Arbitration Act (“FAA”) governs the arbitrability of all Disputes. However, the arbitrator will apply applicable substantive law consistent with the FAA and the applicable statute of limitations or condition precedent to suit.
  5. Arbitration Award. The arbitrator may award on an individual basis any relief that would be available pursuant to applicable law, and will not have the power to award relief to, against or for the benefit of any person who is not a party to the proceeding. The arbitrator shall make any award in writing but need not provide a statement of reasons unless requested by a party. Such award by the arbitrator will be final and binding on the parties, except for any right of appeal provided by the FAA, and may be entered in any court having jurisdiction over the parties for purposes of enforcement.
  6. Location of Arbitration. You may initiate arbitration in either Massachusetts, or in the federal judicial district that includes your address that you provide in your written notification of Pre-Arbitration Dispute Resolution. In the event that BNB initiates an arbitration, it may only do so in the federal judicial district that includes your address that you provide in your written notification of Pre-Arbitration Dispute Resolution.
  7. Payment of Arbitration Fees and Costs. BNB will pay all arbitration filing fees and arbitrator’s costs and expenses upon your written request given prior to the commencement of the arbitration. You are responsible for all additional fees and costs that you incur in the arbitration, including, but not limited to, attorneys or expert witnesses. Fees and costs may be awarded as provided pursuant to applicable law. In addition to any rights to recover fees and costs under applicable law, if you provide notice and negotiate in good faith with BNB as provided in the section above titled “Pre-Arbitration Dispute Resolution” and the arbitrator concludes that you are the prevailing party in the arbitration, you will be entitled to recover from BNB your actual and reasonable attorney’s fees and costs as determined by the arbitrator.
  8. Class Action Waiver. Except as otherwise provided in this Arbitration Agreement, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, representative action, consolidated action or private attorney general action) unless both you and BNB specifically agree to do so following initiation of the arbitration. If you choose to pursue your Dispute in court by opting out of this Arbitration Agreement as specified above, this Class Action Waiver will not apply to you. Neither you, nor any other Member of BNB and/or user of BNB services, can be a class representative, class member, or otherwise participate in a class, representative, consolidated or private attorney general proceeding without having complied with the opt-out requirements above.
  9. Limitation of Procedural Rights. You understand and agree that, by entering into this Arbitration Agreement, you and BNB are each agreeing to arbitration instead of the right to a trial before a judge or jury in a public court. In the absence of this Arbitration Agreement, you and BNB might otherwise have had a right or opportunity to bring Disputes in a court, before a judge or jury, and/or to participate or be represented in a case filed in court by others (including class actions). Except as otherwise provided below, you give up those rights. Other rights that you would have if you went to court, such as the right to appeal and to certain types of discovery, may be more limited in arbitration. The right to appellate review of an arbitrator’s decision is much more limited than in court, and in general an arbitrator’s decision may not be appealed for errors of fact or law.
  10. Severability. If any clause within this Arbitration Agreement (other than the Class Action Waiver clause above) is found to be illegal or unenforceable, that clause will be severed from this Arbitration Agreement, and the remainder of this Arbitration Agreement will be given full force and effect. If the Class Action Waiver clause is found to be illegal or unenforceable, then this entire Arbitration Agreement will be unenforceable and the Dispute will be decided by a court.
  11. Continuation. This Arbitration Agreement shall survive the termination of your contract with BNB and your use of the BNB Site and services.
  1. MISCELLANEOUS
  1. Choice of Law; Forum. These Terms shall be governed in all respects by the laws of the State of Massachustts, without regard to conflict of law provisions. You agree that any claim or dispute you may have against BNB must be resolved by a court located in Massachusetts, except as otherwise agreed by the parties or as described in the Arbitration Agreement paragraph above. You agree to submit to the personal jurisdiction of the courts located within Massachusetts for the purpose of litigating all such claims or disputes.
  2. Assignment. We may assign our rights and obligations under these Terms. The Terms will inure to the benefit of our successors, assigns and licensees.
  3. Severability. If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions.
  4. Headings. The heading references herein are for convenience purposes only, do not constitute a part of these Terms, and will not be deemed to limit or affect any of the provisions hereof.
  5. Entire Agreement. These Terms and any applicable Additional Terms, as each may be amended as set forth herein, are the entire agreement between you and BNB relating to the subject matter herein.
  6. Claims; Statute of Limitations. YOU AND BNB AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THESE TERMS OR THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
  7. Disclosures. The services hereunder are offered by BagNotBin LLC, located at: 177 Huntington Ave Ste 1703.  MA and email: info@bagnotbin.com. If you are a California resident, you may have this same information emailed to you by sending a letter to the foregoing address with your email address and a request for this information.
  8. Waiver. No waiver of any of these Terms by BNB is binding unless authorized in writing by an executive officer of BNB. In the event that BNB waives a breach of any provision of these Terms, such waiver will not be construed as a continuing waiver of other breaches of the same nature or other provisions of these Terms and will in no manner affect the right of BNB to enforce the same at a later time.