Terms of Use 0424 | BucketMatch

Terms of Use

Updated: April 19, 2024

This document and the other documents referenced below and incorporated herein by reference, if any, make up the Terms of Use (“Terms”) for BucketMatch. The Terms are a binding legal agreement between you and BucketMatch AI, LLC, DBA BucketMatch that govern your right to use, and your responsibilities when using, the websites, applications, and other offerings and services of BucketMatch (collectively, the “BucketMatch Platform” or “Services). When used in these Terms, “BucketMatch,” “we,” “us,” “our,” and similar terms refer to BucketMatch AI, LLC, DBA BucketMatch. By using any of the BucketMatch Platform (even just browsing one of our websites or applications), you’re agreeing to the Terms. If you don’t agree with the Terms, you may not use our Services.

Please note that Section 8 of the Terms below contains a binding arbitration agreement and class action waiver. By agreeing to the Terms, you and BucketMatch agree to submit any disputes between us exclusively to individual arbitration and not to sue in court, except in the limited circumstances described below.

1. The BucketMatch Platform

BucketMatch provides an online community that in part connects users based on their shared goals and aspirations. We reserve the right to change, alter, suspend, or discontinue any of the Services for you and/or any or all users, at any time, for any reason.

We do not facilitate payments or any financial transactions between users. Users may generate content ("User Content") such as, but not limited to, bucket lists, photos, videos, and comments. User Content is generated by independent third parties (e.g., users of the BuckMatch Platform) that are not employees, agents, or representatives of BucketMatch. We do not own any User Content. You are responsible for ensuring you have all necessary rights to User Content (such as, but not limited to, as licenses) and that you are not infringing or violating any third party’s rights by posting it.

By posting User Content through our Services, you grant BucketMatch and, as authorized by BucketMatch in its sole discretion, third parties, a license to use it. We do not claim any ownership to User Content, but we have your permission to use it in any way to help BucketMatch function and grow. By posting User Content, you grant us and, as authorized by BucketMatch in its sole discretion, third parties, a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use, display, edit, modify, reproduce, distribute, store, and prepare derivative works of User Content. This allows us, in part, to provide the Services and to promote BucketMatch or the Services in general, in any formats and through any channels, including across our partners or third-party website or advertising medium. You agree not to assert any moral rights or rights of publicity against us for using User Content. You also recognize our legitimate interest in using it, in accordance with the scope of this license, to the extent User Content contains any personal information.

2. User Conduct

By using the BucketMatch Platform, you agree to:

Use the BucketMatch Platform for its intended purpose only and in accordance with these Terms.
Share your bucket list goals and interact with other users in a respectful and helpful manner.
Not engage in any illegal activities or provide inaccurate information.
Not upload User Content that infringes on the intellectual property rights (in the broadest sense) of others or is otherwise offensive or harmful.
Not post any content that is abusive, threatening, defamatory, obscene, vulgar, or otherwise offensive or in violation of the Terms.
Not to post any content that is false and misleading or uses the Services in a manner that is fraudulent or deceptive.
You agree that you will not violate any laws in connection with your use of the Services. This includes any local, state, federal, and international laws that may apply to you.
You agree not to crawl, scrape, or spider any page of the Services or to reverse engineer or attempt to obtain the source code of the Services without our express permission.
You agree not to interfere with or try to disrupt our Services, for example by distributing a virus, excessive requests to our site or platform, or other harmful computer code.

You will need to create an account to use the Services. Accordingly:

You must be 18 years or older to use our Services. Minors are only permitted to use our Services through an account owned by a parent or legal guardian with their appropriate permission and under their direct supervision. You are responsible for any and all account activity conducted by a minor on your account, and there may be commercial products or services available that you may want to consider to limit a minor's access to material online.
It’s prohibited to use false information or impersonate another person or company through your account.
If you decide to not have your legal name serve as the name associated with your account, you may not use language that is offensive, vulgar, infringes someone’s intellectual property rights, or otherwise violates the Terms.
The registered owner of the account is solely responsible for any activity on your account.

3. Privacy

We collect sensitive user data including emails, passwords, first names, last names, social login information, and bucket list goals. We use this information for various purposes, including connecting users to conquer their life goals based on the similarities in their bucket lists. We do not sell user data. For information about how BucketMatch collects, uses, and shares your personal data, please read our Privacy Policy. By using our Services, you agree that we may use your personal data in accordance with these Terms and our Privacy Policy. Both BucketMatch and users of the Services may both process personal information (names, email addresses, and physical addresses). BucketMatch and such users are responsible for the processing personal information it possesses. If, however, you (as a user of Services) and BucketMatch are found to be joint data controllers of personal information, or if BucketMatch is sued, fined, or otherwise incurs expenses because of something that you did (or failed to do) as a controller of personal information, then you agree to defend and indemnify BucketMatch in accordance with Section 6 below.

4. Disclaimer of Warranties

THE SERVICES ARE PROVIDED "AS IS" AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. WE EXPRESSLY DISCLAIM ALL WARRANTIES REGARDING THE ACCURACY OF USER CONTENT, THE SAFETY OF INTERACTIONS BETWEEN USERS, OR THE SUCCESSFUL COMPLETION OF BUCKET LIST GOALS. WE ARE EXPRESSLY DISCLAIMING ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AS WELL AS ANY WARRANTIES IMPLIED BY A COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OF TRADE.

WE DO NOT GUARANTEE THAT: (I) THE SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (II) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (III) THE SERVICES WILL BE FREE OF VIRUSES OR OTHER HARMFUL MATERIALS; OR (IV) THE RESULTS OF USING THE SERVICES WILL MEET YOUR EXPECTATIONS. YOU USE THE SERVICES SOLELY AT YOUR OWN RISK.

You may come across materials that you find offensive or inappropriate while using our Services. We make no representations concerning any content posted by users through the Services. We are not responsible for the accuracy, copyright compliance, legality, or decency of content posted by users that you accessed through the Services. You release us from all liability relating to that content.

You can use the Services to interact with other individuals, either online or in person. You understand and agree that we do not screen (or conduct background checks on) users of our Services and, consistent with Section 6 below, you release us from all liability, of any kind or nature, relating to your interactions with other users.

5. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER BUCKETMATCH (INCLUDING ITS OFFICERS, MEMBERS, DIRECTORS, EMPLOYEES, AGENTS, SUBSIDIARIES, PARTNERS, OR AFFILIATES) SHALL BE LIABLE TO YOU FOR ANY LIABILITY OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SERVICES OR THESE TERMS, INCLUDING ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES.

BY USING THE SERVICES, I HEREBY RELEASE BUCKETMATCH (INCLUDING ITS OFFICERS, MEMBERS, DIRECTORS, EMPLOYEES, AGENTS, SUBSIDIARIES, PARTNERS, OR AFFILIATES) FROM ANY AND ALL CLAIMS, DEMANDS, OR CAUSES OF ACTION, OF ANY KIND OR NATURE, WHICH I AND/OR MY HEIRS, SUCCESSORS, OR ASSIGNEES MAY NOW HAVE OR HEREAFTER ACQUIRE RELATING TO THE SERVICES OR BY REASON OF BUCKETMATCH’S EXERCISE OF THE RIGHTS HEREIN GRANTED. TO THE MAXIMUM EXTENT PERMITTED BY THE LAW, I HEREBY AGREE NOT TO ASSERT ANY CLAIM OF ANY NATURE WHATSOEVER AGAINST BUCKETMATCH (INCLUDING ITS OFFICERS, MEMBERS, DIRECTORS, EMPLOYEES, AGENTS, SUBSIDIARIES, PARTNERS, OR AFFILIATES) RELATED TO THE SERVICES, INCLUDING, BUT NOT LIMITED TO CLAIMS RELATING TO, (I) INFLICTION OF EMOTIONAL DISTRESS (WHETHER ALLEGEDLY INTENTIONAL OR NEGLIGENT); (II) ALLEGEDLY DECEPTIVE BUSINESS OR TRADE PRACTICES; (III) COPYRIGHT OR TRADEMARK INFRINGEMENT; (IV) PRIMA FACIE TORT; AND (V) FRAUD. IN SUCH REGARD, I EXPRESSLY WAIVE ANY AND ALL RIGHTS AND BENEFITS CONFERRED BY ANY LAW OF ANY STATE OR TERRITORY OF THE UNITED STATES OR PRINCIPLE OF COMMON LAW, WHICH IS SIMILAR, COMPARABLE, OR EQUIVALENT TO CALIFORNIA CIVIL CODE SECTION 1542, WHICH PROVIDES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, WHICH IF KNOWN BY HIM OR HER WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”

6. Indemnity

IF BUCKETMATCH GETS SUED OR RECEIVES A CLAIM, NOTICE, OR DEMAND BECAUSE OF SOMETHING THAT YOU DID (OR FAILED TO DO), YOU AGREE TO DEFEND AND INDEMNIFY US. BY USING THE SERVICES, YOU AGREE THAT YOU WILL INDEMNIFY, DEFEND, REIMBURSE, COMPENSATE, AND HOLD BUCKETMATCH (INCLUDING ITS OFFICERS, MEMBERS, DIRECTORS, EMPLOYEES, AGENTS, SUBSIDIARIES, PARTNERS, OR AFFILIATES) HARMLESS FROM ANY ALLEGATION, CLAIM, DEMAND, LAWSUIT, LOSS, LIABILITY, OR EXPENSE OF ANY KIND (INCLUDING REASONABLE ATTORNEYS’ FEES) THAT ARISES FROM YOUR ACTIONS, YOUR USE (OR MISUSE) OF OUR SERVICES, YOUR BREACH OF THE TERMS, AND/OR YOUR ACTUAL OR ALLEGED VIOLATION OF ANY LAW OR ANY THIRD PARTY’S RIGHTS. WE RESERVE THE RIGHT TO HANDLE OUR LEGAL DEFENSE HOWEVER WE SEE FIT, EVEN IF YOU ARE INDEMNIFYING US, IN WHICH CASE YOU AGREE TO COOPERATE WITH US SO WE CAN EXECUTE OUR STRATEGY.

7. Termination

We may terminate or suspend your account (and any accounts we determine are related to your account) and your access to the Services should we have reason to believe you, your User Content, or your use of the Services violate our Terms. If we do so, it’s important to understand that you do not have a contractual or legal right to continue to use our Services. Generally, we will notify you that your account has been terminated or suspended, unless you’ve repeatedly violated our Terms or we have legal or regulatory reasons preventing us from notifying you. We also reserve the right to remove User Content from the BucketMatch Platform. If you or BucketMatch terminate your account, you may lose any information associated with your account, including User Content.

8. Dispute Resolution

If you’re upset with us, let us know, and we’ll work together in good faith to resolve your issue. But if we can’t work it out, then you and BucketMatch (including our employees, officers, directors, agents, subsidiaries, and affiliates) agree to submit our disputes exclusively to binding individual arbitration, and we will not sue each other in court before a judge or jury, except in the limited circumstances described below.

This Section 8 (“Arbitration Agreement” or “Agreement”) applies to the fullest extent allowable by law.

Please read this Section carefully, as it affects your rights.

A. You and BucketMatch agree to mandatory individual arbitration for all claims arising from or relating to the Services, these and prior versions of the Terms, any products, data, or content bought, sold, offered, accessed, displayed, transmitted, or listed through the Services, and actions or statements by BucketMatch or its users, in each case including disputes that arose before the effective date of these Terms (each, a “Dispute”). The exception is that we each may (1) bring qualifying individual claims in “small claims” court, so long as those claims remain in small claims court; and (2) seek injunctive relief in court for infringement or misuse of intellectual property rights (like trademarks, copyrights, and patents). All other Disputes must be arbitrated, which means you and BucketMatch are each waiving your right to sue in court and have a court or jury trial.

B. You and BucketMatch agree that each of us may bring claims against the other only on an individual basis, and not on a class, representative, or collective basis (and we each waive any right we have to bring such claims). We each may only seek or obtain individualized relief. If a court decides that any part of this Section 8 is unenforceable as to a particular claim or request for relief, then solely that particular claim or request for relief shall be severed from the arbitration and may be litigated in court (but only after the arbitrator issues an award on the arbitrable claims and remedies).

C. Before filing an arbitration, you and BucketMatch will try in good faith to resolve any Dispute informally. To start the dispute process, you must send an individualized written notice (“Notice of Dispute”) to info@bucketmatch.ai that includes (1) your name, phone number, username (if applicable), and email address, and (2) a description of the Dispute and how you’d like it resolved. If BucketMatch has a Dispute with you, we will send a Notice of Dispute with the same information to the email address for your account. Once a complete Notice of Dispute has been received, the recipient has 60 days to investigate the claims. If either side requests a “settlement conference” during this period, then you and BucketMatch must cooperate to schedule that meeting by phone or videoconference. You and BucketMatch each will personally participate and can each bring counsel, but the conference must be individualized, even if the same firm(s) represent multiple parties. An arbitration cannot be filed until the informal resolution process has been completed, except where you or BucketMatch refuses to participate (which will be deemed the case if either you or BucketMatch, as the case may be, do not agree to participate in the informal resolution process within 60 days of a Notice of Dispute being sent), and a court can enjoin the filing or prosecution of an arbitration in breach of this Section.

D. To initiate arbitration, either you or we must file an arbitration demand with the American Arbitration Association (“AAA”). You must serve us with any arbitration demand by mail to: 22 Ronada Ave. Piedmont, CA 94611. If we have a dispute with you, we will send an arbitration demand to the email address for your account or by other means. If the AAA cannot or will not administer the arbitration in accordance with Section 8, you and we will select another provider (and if we can’t agree, a court will choose the provider). The arbitration will be conducted in the English language by a single arbitrator. The arbitration hearing (if any) will be held by videoconference, unless either party requests an in-person hearing and the arbitrator agrees. If an in-person hearing is required, it will be held in Alameda County, California. The arbitration will be decided under AAA’s Comprehensive Arbitration Rules and Procedures (“Rules”), as modified by this Agreement. The arbitrator also shall enforce statutes of limitations and other time-based defenses, offers of judgment/compromise and fee-shifting rules in the same way as a court would. The arbitrator will have exclusive authority to resolve all issues, except that a court has exclusive authority to decide issues related to the arbitrability of a dispute, the enforceability of any part of this Section 8, and either party’s compliance with Section 8. The arbitrator can award damages and other relief only in favor of the individual claimant, and only to the extent necessary to provide relief warranted by the claimant’s individual claim(s). The arbitrator will not be bound by decisions reached in other arbitrations. The arbitrator’s award is final and binding on you and BucketMatch. Judgment on the award may be entered in any court with jurisdiction.

The initiation, existence, and outcome of any arbitration, including without limitation any material filed with the arbitrator, the contents of all depositions or testimony, all documents produced during the course of the arbitration, any written decision, and any remedy imposed or damages awarded by the arbitrator, shall remain confidential, except to the extent that disclosure to third parties is necessary for either party to present his or her or its case, including but not limited to, investigating, gathering evidence and conducting discovery. If a court filing is required for any purpose authority by this Agreement, you and BucketMatch will stipulate that the matter shall remain sealed and file any such filing under a protective order.

E. Payment of all filing, case-management, administrative, hearing, and arbitrator fees (“Arbitration Fees”) will be split equally between us.

F. You have a limited right to opt out of this Arbitration Agreement (excluding Section 8.G). If you are a new user of our Services, you can opt out of this Arbitration Agreement within 30 days after you first accept the Terms by first using the Services. If you are an existing user of our Services, you can opt out within 30 days after the effective date (listed above). To opt out, you must send a timely email to support@bucketmatch.ai with your name, the email address for your account, your username (if applicable), and a request to opt out of arbitration. If you validly opt out, neither BucketMatch nor you will be required to arbitrate as a result of this (or any prior version of the) Arbitration Agreement, but the Terms (and any other agreements between us) will otherwise apply to you. If we update the Terms after you validly opt out, we will continue to respect your opt-out, but such updates do not provide a new opportunity to opt out of arbitration.

H. We are based in California, so if there are claims between you and us that aren’t subject to arbitration, you and BucketMatch each agree to litigate those claims exclusively in state or federal court in Alameda County, California, and to submit to the personal jurisdiction of those courts. Except as prohibited by law, these Terms, and all disputes between us, shall be governed exclusively by California law, without regard to conflict-of-law rules, and U.S. federal law. For clarity, this Section 8.H will continue to apply even if you validly opt out of arbitration under Section 8.F.

9. Changes to These Terms

We may revise these Terms at any time by posting the revised Terms on the BucketMatch Platform. Your continued use of the Services following the posting of revised Terms means that you accept and agree to the changes. It is your responsibility to check the Terms each time you use the Services to confirm they have not been updated.

10. Miscellaneous

Except as they may be supplemented by additional terms, conditions, policies, guidelines, and standards that we may post on the BucketMatch Platform, these Terms (including those documents referenced herein, which are incorporated herein by this reference) constitute the entire agreement between you and use pertaining to the Services and supersede any and all prior oral or written understandings or agreements. Except as provided in Section 8 above, if any provision of these Terms is held to be invalid or unenforceable, such provision will be amended to conform to the intent of the provision, and if not capable of being so conformed, struck and of no affect to the validity and enforceability of the remaining provisions. Where the word “will” is used in these Terms it connotes an obligation with the same meaning as “shall.” Our failure to enforce any right or provision in these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. The exercise by us of any of our remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise permitted under law. We may assign any of our rights and obligations under the Terms. These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of laws principles.

11. Relationship

These Terms don't create any relationship between you and BucketMatch, including, but not limited to, an agency, partnership, joint venture, employment, or franchisee relationship.

12. Trademarks

The name "BucketMatch" and the other similar marks, phrases, logos, and designs that we use in connection with our Services are trademarks, service marks, or trade dress of BucketMatch in the United States. You will not use “BucketMatch” or any similar marks.

13. Contact Us

If you have any questions about these Terms, please contact us at info@bucketmatch.ai.