These Terms of Service (“Terms of Use”) constitute a legally binding agreement between you and Beverly Hills Concierge: Travel, Transportation & Executive Protection – a division of Ze Animation Studios Inc.- and its subsidiaries, representatives, contractors, volunteers, affiliates, officers and directors (collectively, “Beverly Hills Concierge”) governing your use of Beverly Hills Concierge’s website and any related content or services, including mobile and/or web-based applications.
IMPORTANT: PLEASE BE ADVISED THAT THESE TERMS OF SERVICE CONTAIN PROVISIONS THAT GOVERN HOW YOU CAN BRING CLAIMS BETWEEN YOU AND BEVERLY HILLS CONCIERGE, INCLUDING THE ARBITRATION AGREEMENT BELOW. THESE TERMS OF SERVICE OUTLINE HOW SUCH CLAIMS ARE RESOLVED, INCLUDING, WITHOUT LIMITATION, ANY CLAIMS THAT AROSE OR WERE ASSERTED BEFORE THE EFFECTIVE DATE OF THESE TERMS OF SERVICE. PLEASE REVIEW THE ARBITRATION AGREEMENT BELOW CAREFULLY, AS IT REQUIRES YOU TO RESOLVE ALL DISPUTES WITH BEVERLY HILLS CONCIERGE ON AN INDIVIDUAL BASIS AND, WITH LIMITED EXCEPTIONS, THROUGH FINAL AND BINDING ARBITRATION; YOU ARE WAIVING YOUR RIGHT TO SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL ON YOUR CLAIMS. BY AGREEING TO THESE TERMS OF SERVICE, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD ALL OF THESE TERMS OF SERVICE AND HAVE TAKEN TIME TO CONSIDER THE CONSEQUENCES OF THIS IMPORTANT DECISION. IF YOU DO NOT AGREE TO ANY PART OF, OR THE ENTIRETY OF THESE TERMS, PLEASE DON’T USE BEVERLY HILLS CONCIERGE’S WEBSITE, AS WELL AS PRODUCTS AND SERVICES.

1. Contractual Relationship; Termination; and Modification
By accessing or using the Services, you confirm your agreement to be bound by these Terms. If you do not agree to these Terms, do not access or use the Services. These Terms expressly govern the use of the Services in California.
Termination:
Beverly Hills Concierge, in its sole discretion, may immediately terminate these Terms or any Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof, at any time for any reason.
Modification:
Beverly Hills Concierge reserves the right to modify these Terms or its policies relating to the Services at any time, effective upon posting of an updated version of these Terms through this website. You should regularly review these Terms, as your continued use of the Services after any such changes constitutes your agreement to such changes.
2. Arbitration Agreement
By agreeing to these Terms, you agree that you are required to resolve any claim that you may have against Beverly Hills Concierge on an individual basis in arbitration as set forth in this Arbitration Agreement, and not as a class, collective, coordinated, consolidated, mass and/or representative action. You are hereby waiving your right to a trial by jury. This Arbitration Agreement will preclude you from bringing any class, collective, coordinated, consolidated, mass and/or representative action against Beverly Hills Concierge, and also preclude you from participating in or recovering relief in any current or future class, collective, coordinated, consolidated, mass and/or representative action brought against Beverly Hills Concierge by someone else—except as provided below. Thus, the parties agree that the Arbitrator shall not conduct any form of class, collective, coordinated, consolidated, mass and/or representative arbitration, nor join, coordinate, or consolidate claims of multiple individuals against Beverly Hills Concierge in a single proceeding—except as provided below. For the avoidance of doubt, except as provided below, this Arbitration Agreement precludes you from bringing or participating in any kind of class, collective, coordinated, consolidated, mass and/or representative or other kind of group, multi-plaintiff or joint action against Beverly Hills Concierge, other than participating in a classwide, collective, coordinated, consolidated, mass and/or representative settlement of claims.
(a) Agreement to Binding Arbitration Between You and Beverly Hills Concierge.
(1) Covered Disputes: Except as expressly provided below, you and Beverly Hills Concierge agree that any dispute, claim, or controversy in any way arising out of or relating to (i) these Terms and prior versions of these Terms, or the existence, breach, termination, enforcement, interpretation, scope, waiver, or validity thereof; (ii) your access to or use of the Services at any time; (iii) incidents or accidents resulting in personal injury to you or anyone else that you allege occurred in connection with your use of the Services (including, but not limited to, your use of this website), regardless whether the dispute, claim, or controversy occurred or accrued before or after the date you agreed to these Terms, and regardless whether you allege that the personal injury was experienced by you or anyone else; and (iv) your relationship with Beverly Hills Concierge, will be settled by binding individual arbitration between you and Beverly Hills Concierge, and not in a court of law. This Arbitration Agreement survives after your relationship with Beverly Hills Concierge ends.

(4) Delegation Clause: Only an arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute arising out of or relating to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement, including without limitation any claim that all or any part of this Arbitration Agreement is void or voidable. An arbitrator shall also have exclusive authority to resolve all threshold arbitrability issues, including issues relating to whether these Terms are applicable, unconscionable, or illusory and any defense to arbitration, including without limitation waiver, delay, laches, or estoppel.
(5) Application to Third Parties: This Arbitration Agreement shall be binding upon, and shall include any claims brought by or against any third parties, including but not limited to your spouses, heirs, third-party beneficiaries and assigns, where their underlying claims arise out of or relate to your use of the Services. To the extent that any third-party beneficiary to this agreement brings claims against the Parties, those claims shall also be subject to this Arbitration Agreement.
(b) Exceptions to Arbitration.
Notwithstanding the foregoing, this Arbitration Agreement shall not require arbitration of the following claims: (i) individual claims brought in small claims court so long as the matter remains in such court and advances only on an individual basis; (ii) individual claims of sexual assault or sexual harassment occurring in connection with your use of the Services; and/or (iii) injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights.
Such claims may be brought and litigated in a court of competent jurisdiction by you on an individual basis only.
The parties’ agreement not to require arbitration in these limited instances does not waive the enforceability of this Arbitration Agreement as to any other provision (including, but not limited to, the waivers provided for in Section 2(a), which will continue to apply in court as well as in arbitration), or the enforceability of this Arbitration Agreement as to any other controversy, claim, or dispute.
(c) Rules and Governing Law.
For disputes arising in California, the parties shall be required to meet and confer to select a neutral arbitration provider. Such an arbitration provider shall have operations in California. If the parties are unable to mutually agree upon an arbitration provider, then either party may invoke 9 U.S.C. § 5 to request that a court of competent jurisdiction appoint an arbitration provider with operations in California. Any arbitration provider appointed by a court under 9 U.S.C. § 5 shall conduct arbitration solely on an individualized basis as set forth in this Section 2. Once the parties mutually agree upon a neutral arbitration provider, or an arbitrator provider is appointed under 9 U.S.C. § 5, the ensuing arbitration shall commence pursuant to the rules of the designated arbitration provider, except as designated herein. Once an arbitration provider is agreed upon or appointed, an Arbitrator shall be appointed. The Arbitrator will be either (1) a retired judge or (2) an attorney licensed to practice law in California with experience in the law underlying the dispute. The Arbitrator will be selected by the parties from the applicable arbitration provider’s roster of arbitrators. If the parties are unable to agree upon an Arbitrator after a good faith meet and confer effort, then the applicable arbitration provider will appoint the Arbitrator in accordance with its rules.
Notwithstanding any choice of law or other provision in these Terms, the parties agree and acknowledge that this Arbitration Agreement evidences a transaction involving interstate commerce and that the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (“FAA”), will govern its interpretation and enforcement and proceedings pursuant thereto. It is the intent of the parties to be bound by the provisions of the FAA for all purposes, including, but not limited to, interpretation, implementation, enforcement, and administration of this Arbitration Agreement, and that the FAA and the applicable arbitration provider’s rules shall preempt all state laws to the fullest extent permitted by law. All statutes of limitations that would otherwise be applicable will apply to any arbitration proceeding. If the FAA and applicable arbitration provider’s rules are found to not apply to any issue regarding the interpretation or enforcement of this Arbitration Agreement, then that issue shall be resolved under the laws of the state California when you accept these Terms.
Any dispute, claim, or controversy arising out of or relating to incidents or accidents resulting in personal injury (including but not limited to sexual assault or harassment claims) that you allege occurred in connection with your use of the Services, whether before or after the date you agreed to the Terms, shall be governed by and construed in accordance with the laws of the state in which the incident or accident occurred.
(d) Process.
Pre-Arbitration Dispute Resolution and Notification. The parties agree that good-faith informal efforts to resolve disputes often can result in a prompt, low-cost, and mutually beneficial outcome. The parties therefore agree that, before either party demands arbitration against the other, we will personally meet and confer, via telephone or video-conference, in a good-faith effort to resolve informally any claim covered by this Arbitration Agreement. Multiple individuals initiating claims cannot participate in the same informal telephonic dispute resolution conference. If you are represented by counsel, your counsel may participate in the conference, but you shall also fully participate in the conference. The party initiating the claim must give notice to the other party in writing of their intent to initiate an informal dispute resolution conference, which shall occur within 45 days after the other party receives such notice, unless an extension is mutually agreed upon by the parties. To notify Beverly Hills Concierge that you intend to initiate an informal dispute resolution conference, write to Beverly Hills Concierge, Attn: Legal Department, 133 South Elm Drive Suite E, Beverly Hills, CA 90212, providing your First and Last Name, physical address, your phone number and email address, and a description of your claim. Engaging in an informal dispute resolution conference is a condition precedent that must be fulfilled before commencing arbitration, and the Arbitrator shall dismiss any arbitration demand filed before completion of an informal dispute resolution conference. The statute of limitations and any filing fee deadlines shall be tolled while the parties engage in the informal dispute resolution process required by this paragraph.
In order to initiate arbitration following the conclusion of the informal dispute resolution process required by this Section, a party must provide the other party with a written demand for arbitration and file the demand with the applicable arbitration provider, as determined by Section 2(c). A party initiating an arbitration against Beverly Hills Concierge must send the written demand for Beverly Hills Concierge, Attn: Legal Department, 133 South Elm Drive Suite E, Beverly Hills, CA 90212. Additionally, a party initiating arbitration against Beverly Hills Concierge must send an electronic version of the demand for arbitration to the Arbitration Provider, and must send an electronic version of the as-filed demand to legal@bh-cs.com.
By signing the demand for arbitration, counsel certifies to the best of counsel’s knowledge, information, and belief, formed after an inquiry reasonable under the circumstances, that (i) the demand for arbitration is not being presented for any improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of dispute resolution; (ii) the claims and other legal contentions are warranted by existing law or by a non-frivolous argument for extending, modifying, or reversing existing law or for establishing new law; and (iii) the factual contentions have evidentiary support or, if specifically so identified, will likely have evidentiary support after a reasonable opportunity for further investigation or discovery. The Arbitrator shall be authorized to afford any relief or impose any sanctions available under California State Rule of Civil Procedure or any applicable California State Law for either party’s violation of this requirement.
(e) Location.
Unless you and Beverly Hills Concierge otherwise agree, the arbitration will be conducted in Los Angeles County. Your right to a hearing will be determined by the applicable arbitration provider’s rules. Subject to the applicable arbitration provider’s rules, the Arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
(f) Offers of Judgment.
At least 15 days before the date set for the arbitration hearing, any party may serve an offer in writing upon the other party to allow judgment on specified terms. If the offer is accepted, the offer with proof of acceptance shall be submitted to the arbitrator, who shall enter judgment accordingly. If the offer is not accepted prior to the arbitration hearing or within 30 days after it is made, whichever occurs first, it shall be deemed withdrawn, and cannot be given in evidence upon the arbitration. If an offer made by one party is not accepted by the other party, and the other party fails to obtain a more favorable award, the other party shall not recover their post-offer costs and shall pay the offering party’s costs from the time of the offer.
(g) Arbitrator’s Decision.
The Arbitrator will render an award within the time frame specified in the applicable arbitration provider’s rules. Judgment on the arbitration award may be entered in any court of competent jurisdiction. The Arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. An Arbitrator’s decision shall be final and binding on all parties.
The Arbitrator is not bound by decisions reached in separate arbitrations, and the Arbitrator’s decision shall be binding only upon the parties to the arbitration that are the subject of the decision.
The Arbitrator shall award reasonable costs incurred in the arbitration to the prevailing party in accordance with the law(s) of the state in which arbitration is held.
(h) Fees.
With the exception of the provisions governing payment of arbitration costs set forth above, your responsibility to pay any filing, administrative, and arbitrator fees will be solely as set forth in the applicable arbitration provider’s rules and shall be up to the amount you would be required to pay if you filed a claim in court.
Any and all disputes regarding a party’s obligation to pay any arbitration fees or costs that arise after an arbitrator is appointed shall be determined solely by the arbitrator. If such a dispute arises before an arbitrator has been appointed, and if no Special Master has been requested by either party pursuant to Section 2(a)(3)(c)(i) of these Terms, the parties agree that (i) the due date for any disputed fees shall be stayed pending resolution of the parties’ dispute, (ii) a panel of three arbitrators shall be appointed to resolve the parties’ dispute concerning a party’s obligation to pay fees or costs of arbitration, (iii) the panel of arbitrators shall be appointed by each party selecting one arbitrator from the arbitration provider’s roster to serve as neutral arbitrators, and these arbitrators shall appoint a third neutral arbitrator. If the parties’ arbitrators cannot agree on a third arbitrator, the arbitration administrator will select the third arbitrator, (iv) Beverly Hills Concierge shall pay any administrative fees or costs incidental to the appointment of a panel of arbitrators under this provision, as well as any fees or costs that would not be incurred in a court proceeding, such as payment of the fees of the arbitrator(s), as well as room rental, and (v) the arbitrator(s) shall issue a written decision with findings of fact and conclusions of law. If two or more fee disputes between a claimant and Beverly Hills Concierge arise at or around the same time, the disputes may be consolidated for resolution by a single arbitrator or panel of arbitrators either at the agreement of the parties or the election of the party common to all such disputes.
(i) Severability and Survival.
If any portion of this Arbitration Agreement is found to be unenforceable or unlawful for any reason, (i) the unenforceable or unlawful provision shall be severed from these Terms; (ii) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of the Arbitration Agreement or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to the Arbitration Agreement; and (iii) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration.
3. The Services
The Services enable you and other consumers to find, request, or receive (i) Third-Party Services from third party service providers, including without limitation, merchants, retailers, grocers, restaurants, independent contractors or vehicle fleet providers (“Third-Party Providers”); (ii) related personalized content, including features, recommendations and advertisements for products or services tailored to your needs and interests; and (iii) certain supporting services, including providing you the ability to express certain preferences about the Third-Party Services or Third-Party Service Providers, payment processing and customer support.
Once you make a request, Beverly Hills Concierge notifies Third-Party Providers that an opportunity is available so that the Third-Party Provider may complete your request. It is up to the Third-Party Provider to decide whether or not to offer Third-Party Services to you or at all, and it is up to you to decide whether or not to accept such services from a Third-Party Provider. Please note that once your request for the Services has begun, you may no longer have the option to reschedule or cancel. If Beverly Hills Concierge is able to reschedule or cancel your request, you may be charged a fee and/or may not be refunded for items that have been purchased on your behalf.
Ownership; License; and Restrictions.
The Services and all rights, title, and interest, including all related intellectual property rights therein are and shall remain Beverly Hills Concierge’s property and/or its licensors. These Terms are not a sale and do not convey or grant to you any rights in or related to the Services, or any intellectual property rights owned by Beverly Hills Concierge, except for the limited license granted above.
5. User Conduct and Requirements; Communications; and User Content
User Conduct and Requirements.
In addition to complying with these Terms, you agree to comply with all applicable laws when accessing or using the Services, and you may only access or use the Services for lawful purposes (e.g., no request for the purpose or intent of transport of unlawful or hazardous materials). You may not access or use the Services to cause nuisance, annoyance, inconvenience, damage, or loss to Beverly Hills Concierge, the Third-Party Provider, or any other party.
If you request a ride option with a child restraint system, neither Beverly Hills Concierge, nor the Third-Party Provider is responsible for the safety of a child restraint system that may be available in Beverly Hills Concierge’s assigned vehicle to you, or the Third-Party Provider’s vehicle. It is your obligation to ensure that the child restraint system is installed correctly and that the child is properly secured in the child restraint system. Please refer to your California State’s laws regarding specific height, age, and weight requirements for using child restraint systems, as well as Beverly Hills Concierge’s policies for child restraint systems, which may be set forth on city-specific web pages. If you request a ride option where a Third-Party Provider agrees to provide you with assistance outside of the vehicle, Beverly Hills Concierge is not responsible for any injury or incident that may arise out of the assistance provided by the Third-Party Provider. In certain instances, you may be asked to provide proof of age, identity or other method of identity verification to access or use the Services, and you agree that you may be denied access to or use of the Services if you refuse to provide proof of age, identity, or other method of identity verification.
Subject to Beverly Hills Concierge’s discretion or Third-Party Provider, you may be allowed to bring a small animal, such as a dog or cat, on a ride requested through the Services. For such trips, you are responsible for properly securing the animal with a leash, harness, crate / carrier, or through other means. You are also responsible for ensuring that the animal does not cause damage or a mess in Beverly Hills Concierge or the Third-Party Provider’s vehicle. You may be subject to a Charge for Repair or Cleaning under Section 6 below for any damage or mess caused by an animal that is transported during a ride you requested, and/or your representative requested on your behalf.
For the purpose of assisting us with our compliance and insurance obligations, you agree to notify us within 24 hours and provide us with all reasonable information relating to any incident or accident that occurs during your use of the Services and you agree to cooperate with any investigation and attempted resolution of such incident.
Communications with Beverly Hills Concierge.
By requesting a service, you electronically agree to accept and receive communications from Beverly Hills Concierge, Third-Party Providers or third parties providing services to Beverly Hills Concierge, including via email, text message, WhatsApp, calls, and push notifications to the telephone number(s) or email addresses you provided to Beverly Hills Concierge. You may also receive communications generated by automatic telephone dialing systems and/or which will deliver prerecorded messages sent by or on behalf of Beverly Hills Concierge, and/or Third-Party Providers, including but not limited to communications concerning requests placed through this website on the Services.
If you do not wish to receive promotional emails, text messages, or other communications from Beverly Hills Concierge, you may change your notification preferences by contacting us. For purposes of clarity, text messages between you and Third-Party Providers are transactional text messages, not promotional text messages. You acknowledge that opting out of receiving all communications may impact your use of the Services. Notwithstanding the foregoing, if we suspect fraud or unlawful activity, Beverly Hills Concierge may contact you using any of the contact information you provided (including via text or voice-recorded message).
6. Payment Authorization Terms: Requesting Service
(i): Service Acceptance & Billing: You represent and warrant that you have the right to use any credit card or other means of payment that you provide to Beverly Hills Concierge. By providing payment card information to Beverly Hills Concierge, you authorize Beverly Hills Concierge to store and use the card as a payment method for requested service(s) made through your bh-cs.com account, by phone call, text message and/or email communication, including on Beverly Hills Concierge affiliated sites and properties which you access via your bh-cs.com account credentials. Beverly Hills Concierge participates in account update services offered by some banks. If your bank participates in account updater services, these services will automatically update your card number or expiration date in our system when it changes. If you do not want to have your cards automatically updated, you can opt out of these services by contacting your issuing bank. All billing information you provide to Beverly Hills Concierge must be truthful and accurate. Providing any untruthful or inaccurate information is a breach of these Terms of Use and may result in cancellation of your current and future service request and/or cancellation of your account and services provided to you altogether. Prior to accepting an service request, Beverly Hills Concierge may also request additional information from you. Verification of information may be required prior to the acknowledgment or completion of any requested service. Beverly Hills Concierge reserves the right to refuse or cancel any of its services for any reason including limitations or unavailability for requested service class – vehicle and/or service class -, inaccuracies, or errors in requested service or pricing information, or problems identified by Beverly Hills Concierge’s credit and fraud avoidance department. If your service request is canceled after your credit card (or other payment account) has been charged, Beverly Hills Concierge will issue a credit to your credit card (or other applicable payment account) in the amount of the charge. Beverly Hills Concierge will attempt to contact you if all or any portion of your requested service is delayed or canceled, or if additional information is required to accept requested service. Beverly Hills Concierge may request a pre-authorization for some requested services placed online with a credit or debit card. This pre-authorization will not be billed to you; however, your card issuer may hold this amount for a short period. Your card issuer determines the length of time the pre-authorization is held. Beverly Hills Concierge do this to ensure that the card details are still valid and that you have sufficient funds to complete the transaction.

7. Refund Policy: Under no circumstance, there are no refunds on payments made.

8. Privacy Policy: Beverly Hills Concierge adhere to Payment Card Industry (PCI) compliance requirements. Therefore your information is secure and will be use for the sole purpose of processing payment transactions, and as provided in our Privacy Policy.

9. Other Payment Options: You understand that Beverly Hills Concierge has provided you with other method options to pay your invoice, such as payment via Mobile Payment, Cashier’s Check, Money Order, or in person, that may be cost effective, and that the use of  service under this Payment Authorization Terms is voluntary and offered to you as a convenience.

By agreeing to these terms, you consent that Beverly Hills Concierge may contact you via email, phone call or text message as provided by you at at time of requesting service, for any purpose, including to provide information relating to your account with and/or services provided. Message and data rates may apply. You agree that to withdraw your consent for these messages, you must notify Beverly Hills Concierge at customerservice@bh-cs.com. If you withdraw your consent, you may not be able to use certain payment channels or services

10. Prices & Charges.
Your use of the Services may result in charges to you for the services or goods you receive from Beverly Hills Concierge and/or from Third-Party Providers (“Charges”). Beverly Hills Concierge will enable your payment of the applicable Charges for services or goods obtained through your use of the Services. Charges will include applicable taxes where required by law. Charges may include other applicable fees such as gratuity, delivery fees, service fees, cancellation fees, government-mandated fees (such as airport fee), estimated or actual tolls, and/or surcharges. Further, Charges applicable in certain geographical areas may increase substantially during times of high demand or due to other factors.
All Charges and payments will be enabled by Beverly Hills Concierge using the preferred payment method you designated, after which you will receive a receipt. If your primary Account payment method is determined to be expired, invalid or otherwise not able to be charged, you agree that Beverly Hills Concierge may use another available payment method in you previously provided.
Beverly Hills Concierge reserves the right to establish or adjust Charges for any or all services or goods obtained through the use of the Services at any time. Beverly Hills Concierge will use reasonable efforts to inform you of Charges that may apply, provided that you will be responsible for Charges incurred regardless of your awareness of such Charges or the amounts thereof.
Refunds.
Charges paid by you are final and non-refundable, unless otherwise determined by Beverly Hills Concierge and the Third-Party Provider assessing the Charge. If you have any requests for cancellations, refunds, or returns, or if you think a correction should be made to any Charge you incurred, please initiate such requests by contacting Beverly Hills Concierge within 30 days after the Charge took place or Beverly Hills Concierge will have no further responsibility and you waive your right to later dispute the amounts charged.
Promotional Offers.
You may, from time to time, receive promotional offers and discounts that result in different amounts charged for the same or similar services or goods obtained through the use of the Services, and you agree that such promotional offers and discounts, unless also made available to you, shall have no bearing on your use of the Services or the Charges applied to you. Promotional offers and discounts are subject to change or withdrawal at any time and without notice.
Damage, Cleaning, Lost and Found, and Charges for Violation of Terms.
Beverly Hills Concierge may charge you a fee if, during your use of the Services, you have caused damage to a vehicle or property that requires repair or cleaning (“Repair” or “Cleaning”). The amount of such fee shall be determined, in Beverly Hills Concierge’s sole discretion, based on the type of damage and the severity. Beverly Hills Concierge reserves the right to verify or otherwise require documentation of damages prior to processing a fee. In the event that a Repair or Cleaning request is verified by Beverly Hills Concierge in its reasonable discretion, Beverly Hills Concierge reserves the right to facilitate payment for the cost of such Repair or Cleaning using your payment method on file. Such amounts, as well as those pertaining to lost and found goods, if applicable, are non-refundable. Additionally, if you fail to comply with these Terms, you may be responsible for Charges, including without limitation, for transactions that could not be completed properly, arising out of or in connection with your failure to comply with these Terms.
11. Disclaimers; Limitation of Liability; and Indemnity.
Disclaimers.
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” BEVERLY HILLS CONCIERGE DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, BEVERLY HILLS CONCIERGE MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF THE SERVICES OR ANY SERVICES OR GOODS REQUESTED THROUGH THE USE OF THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.
BEVERLY HILLS CONCIERGE DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF THIRD-PARTY PROVIDERS. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY SERVICE OR GOOD REQUESTED OR OBTAINED FROM THIRD-PARTY PROVIDERS IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
BEVERLY HILLS CONCIERGE DOES NOT CONTROL, ENDORSE OR TAKE RESPONSIBILITY FOR ANY USER CONTENT OR THIRD-PARTY CONTENT AVAILABLE ON OR LINKED TO BY THE SERVICES. BEVERLY HILLS CONCIERGE CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SERVICES ARE FREE OF HARMFUL COMPONENTS.
Limitation of Liability.
BEVERLY HILLS CONCIERGE SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY, OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE SERVICES, REGARDLESS OF THE NEGLIGENCE (EITHER ACTIVE, AFFIRMATIVE, SOLE, OR CONCURRENT) OF BEVERLY HILLS CONCIERGE, EVEN IF BEVERLY HILLS CONCIERGE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
BEVERLY HILLS CONCIERGE SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SERVICES; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY THIRD-PARTY PROVIDER, EVEN IF BEVERLY HILLS CONCIERGE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BEVERLY HILLS CONCIERGE SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND BEVERLY HILLS CONCIERGE’S REASONABLE CONTROL. YOU ACKNOWLEDGE THAT THIRD-PARTY PROVIDERS PROVIDING TRANSPORTATION SERVICES REQUESTED THROUGH BEVERLY HILLS CONCIERGE MAY OFFER RIDESHARING OR PEER-TO-PEER TRANSPORTATION SERVICES AND MAY NOT BE PROFESSIONALLY LICENSED OR PERMITTED. YOU ACKNOWLEDGE THAT THIRD-PARTY PROVIDERS ARE NOT OSTENSIBLE AGENTS, APPARENT AGENTS, ACTUAL AGENTS, OR EMPLOYEES OF BEVERLY HILLS CONCIERGE.
THE SERVICES MAY BE USED BY YOU TO REQUEST AND SCHEDULE TRANSPORTATION, GOODS, OR LOGISTICS SERVICES WITH THIRD-PARTY PROVIDERS, BUT YOU AGREE THAT BEVERLY HILLS CONCIERGE HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY TRANSPORTATION, GOODS OR LOGISTICS SERVICES PROVIDED TO OR NOT PROVIDED TO YOU BY THIRD-PARTY PROVIDERS OTHER THAN AS EXPRESSLY SET FORTH IN THESE TERMS.
BEVERLY HILLS CONCIERGE SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF LACK OF OR IMPROPER INSTALLATION OR USE OF CHILD RESTRAINT SYSTEMS FOR GUESTS ON RIDES REQUESTED THROUGH THE SERVICES FOR WHOM A CHILD RESTRAINT SYSTEM IS LEGALLY REQUIRED.
THE LIMITATIONS AND DISCLAIMERS IN THIS SECTION DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW. BECAUSE THE STATE OF CALIFORNIA OR LOCAL JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH INSTANCE, BEVERLY HILLS CONCIERGE’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. THIS PROVISION SHALL HAVE NO EFFECT ON BEVERLY HILLS CONCIERGE’S CHOICE OF LAW PROVISION SET FORTH BELOW.
Indemnity.
You agree to indemnify and hold Beverly Hills Concierge and its affiliates and their officers, directors, employees, agents and volunteers harmless from and against any and all actions, claims, demands, losses, liabilities, costs, damages, and expenses (including attorneys’ fees), arising out of or in connection with: (i) your use of the Services or services or goods obtained through your use of the Services; (ii) your breach or violation of any of these Terms; (iii) Beverly Hills Concierge’s use of your User Content; or (iv) your violation of the rights of any third party, including Third-Party Providers.
12. Other Provisions
Choice of Law.
These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to the choice or conflict of law principles of any jurisdiction, except as may be otherwise provided in the Arbitration Agreement in Section 2 above or in Supplemental Terms applicable to your region. This Choice of Law provision applies only to the interpretation of these Terms.
Any dispute, claim, or controversy arising out of or relating to incidents or accidents resulting in personal injury (including but not limited to sexual assault or harassment claims) that you allege occurred in connection with your use of the Services, whether before or after the date you agreed to these Terms, shall be governed by and construed in accordance with the laws of the State of California
Choice of Forum.
Any dispute, claim or controversy arising out of or relating to these Terms or the existence, breach, termination, enforcement, interpretation or validity thereof, shall be brought exclusively in the State of California, notwithstanding that other courts may have jurisdiction over the parties and subject matter, except as may be otherwise provided by the Arbitration Agreement above or in Supplemental Terms applicable to your region.
Notwithstanding the foregoing, any dispute, claim, or controversy arising out of or relating to incidents or accidents resulting in personal injury (including but not limited to sexual assault or harassment claims) that you allege occurred in connection with your use of the Services, whether before or after the date you agreed to these Terms, shall be brought exclusively in the state or federal courts in the State of California, notwithstanding that other courts may have jurisdiction over the parties and subject matter, and except as may be otherwise provided in the Arbitration Agreement in Section 2 or in Supplemental Terms applicable to your region, to the extent permitted by law.
The foregoing Choice of Law and Choice of Forum provisions do not apply to the Arbitration Agreement in Section 2, and we refer you to Section 2 for the applicable provisions for such disputes.
Claims of Copyright and Trademark Infringement.
Claims of copyright and trademark infringement should be sent to Beverly Hills Concierge by email to legal@bh-cs.com, or by mail to Beverly Hills Concierge 133 South Elm Drive Suite E, Beverly Hills, CA 90212
Notice.
Beverly Hills Concierge may give notice by means of a general notice on or through the Services, electronic mail to the email address provided, phone or text message to any phone number provided in connection with your use of Services, or by written communication sent by first class mail or pre-paid post to any address provided. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid post) or at the time of sending (if sent by email, telephone, or on or through the Services). Notwithstanding the foregoing, notice of any modifications to these Terms shall be effective upon posting an updated version of these Terms on Beverly Hills Concierge’s website. You may give notice to Beverly Hills Concierge, with such notice deemed given when received by Beverly Hills Concierge, at any time by first class mail or pre-paid post to Beverly Hills Concierge 133 South Elm Drive Suite E, Beverly Hills, CA 90212. If another provision of these Terms addresses any specific notice (for example, notice of updates to these Terms, or notice of a dispute or arbitration demand), those specific notice provisions shall prevail to the extent there is any conflict or inconsistency between those provisions and this notice provision.
General.
You may not assign these Terms without Beverly Hills Concierge’s prior written approval. Beverly Hills Concierge may assign these Terms without your consent to: (i) a subsidiary or affiliate; (ii) an acquirer of Beverly Hills Concierge’s equity, business or assets; or (iii) a successor by merger, if any. Any purported assignment by you in violation of this Section shall be void. No joint venture, partnership, employment, or agency relationship exists between you, Beverly Hills Concierge, or any Third-Party Provider, as a result of these Terms or use of the Services. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law. Beverly Hills Concierge’s failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Beverly Hills Concierge in writing. This provision shall not affect the Severability and Survivability section of the Arbitration Agreement of these Terms.