Terms of Service

Bully Terms of Service

These Terms of Service (the "Terms") govern your access to and use of our websites, emails
and mobile applications ("Bully"). Please read these Terms carefully and contact us if you have
any questions. By accessing and using Bully, you agree to comply with these Terms. If you are
using Bully on behalf of a company or other entity or as a representative of such, then "you"
also means such company or legal entity and you agree to be bound by these Terms even if we
have a separate agreement and contract with you. You may not use Bully if you do not agree to
the version of the Terms posted on Bully at the time in which you access Bully.

The terms "we" and "us" refer to:
Bully, Inc., a Delaware corporation with offices at Palo Alto California, USA,
in all other respects.

Please note: These Terms require the use of arbitration on an individual basis to resolve
disputes, rather than jury trials or class actions, and also limit the remedies available to you in
the event of a dispute.

1. Who can use Bully

You may use our Products only if you can form a binding contract with Bully, and only in
compliance with these Terms and all applicable laws. When you create your Bully account,
you must provide us with accurate and complete information. Any use or access by anyone
under the age of 16 is prohibited. An employer and its authorized agent(s) are permitted to
use the employer's | recruiter’s accounts and any data about that employer provided via that
account for the employer's internal business purposes. Except as set forth above, or as
otherwise approved by us, Bully is for your personal, non-commercial use unless you enter
into a separate agreement with us for your commercial use. You may not use Bully if we
have terminated your account or banned you. Some of our Products may be software that is
downloaded to your computer, phone, tablet, or other device. You agree that we may
automatically upgrade those Products, and these Terms will apply to such upgrades.

2. Your Bully Account

a. Bully Account. In order for you to create an account, we need you provide a valid email
address. The email you use must be one where we can actually reach you and if we can’t
then your content may be rejected, and your account may be disabled and or deactivated.
Once you have set up a password, you will be given access to your profile and other private
areas of your account. You are responsible for maintaining the confidentiality of your
password, in other words don’t. write it down on paper or give it out – ok? You agree to
notify us immediately if you suspect any unauthorized use of your account or access to your
password. You may permit us to share information in your Profile with prospective
employers, recruiters, and others. Because your anonymity on Bully is important, your
Profile does not include or link to information about the reviews you submit to Bully
regarding the various companies in the world that get rated.

b. Bully Sign Up and Sign In through other Social Networks. We allow you to register and
create an account at Bully through a social networking site, such as Twitter ("Social
Networking Sites") LinkedIn or Facebook. If you access Bully through a Social Networking
Site you agree that we may access, make available through Bully, and store (if applicable)
any information, data, text, messages, tags, and/or other materials that you have provided to
and stored and made accessible in those Social Networking Site accounts so that it is
available on and through Bully via your account and your Profile page. It’s the same stuff all
flowing through APIs in other words and that means that Subject to the privacy settings that
you have set with the Social Networking Site account you use to access Bully, personally
identifiable information that you post to that Social Networking Site may be displayed on
Bully and you may post content to Twitter via Bully. Note: your relationship with your Social
Networking Sites is governed solely by your agreement with those Social Networking Sites
and we disclaim any liability for personally identifiable information that may be provided to
us by a Social Networking Site in violation of the privacy settings that you have set with that
Social Networking Site account. It’s on you that part, not us in other words – get it? ok
thanks let’s keep going.

3. Acceptable Use

To make sure people feel safe and comfortable here, we require everyone to agree to and
follow these rules. If there's a question about whether some content is appropriate for our community, we'll err on the side of taking it down. Inappropriate and objectionable content will not be tolerated.

a. Rules while on Bully. You represent and warrant that you will use Bully solely for lawful
purposes in a manner consistent with these Terms and any and all applicable laws,
regulations, or other legally enforceable obligations (including contractual obligations) you
may have towards us and any third parties. You are solely responsible for any and all
Content that is posted through your account on Bully ("Your Content") either directly or
through a designated representative through additional company accounts. You agree that
by submitting or authorizing Your Content for use on Bully, you have reviewed and
understood these terms and guidelines in respect to such. You understand that you may
expose yourself to liability if Your Content or other use of Bully violates applicable law or any
third-party rights.

4. Stuff you can’t do or post – pay attention here ok - you agree that you will not:

a) Impersonate another person, or his or her email address, or misrepresent your current or
former affiliation with an employer;

b) Create user accounts under false or fraudulent pretenses; create or use an account for
anyone other than yourself; or create multiple active user accounts to post multiple
reviews for the same company – don’t play games – if we find it, this bans you for life.

c) Violate these Terms, the terms of your agreements with us, or any applicable law, rule or
regulation;

d) Post Content that is defamatory, libelous, or fraudulent; that you know to be false or
misleading; or that does not reflect your honest opinion and experience;

e) Creates a genuine risk of physical injury or property damage, credibly threatens people
or public safety, or organizes, encourages or celebrates harm including but not limited
to;

- Promotes self-harm, eating disorders or hard drug abuse.
- Attacks, bullies or harasses nonpublic people. – says captain obvious right? It’s a bully
website – c’mon.
- Includes hate speech of any sort – any racism crap will not be tolerated here at all.
- Is gratuitously violent or gory.

f) Promote, endorse or further illegal activities;

g) Disclose information in violation of any legally enforceable confidentiality, non-disclosure
or other contractual restrictions or rights of any third party, including any current or
former employers or potential employers. If you signed a separation agreement, please
be very clear on it’s clauses and stipulations before posting any company reviews on
Bully;

h) Violate the privacy, publicity, copyright, patent, trademark, trade secret, or other
intellectual property or proprietary rights of any third-party;

i) Post anything pornographic or sexually explicit in nature, or engage in the exploitation of
persons in a sexual or violent manner, this is not the site for it;

j) Solicit personally identifying information from minors, just don’t do it – we’ll find you and
persecute to the full extent possible;

k) Introduce software or automated agents or bots to Bully, or access Bully so as to
produce multiple accounts, generate automated messages, or to scrape, strip or mine
our data from Bully without our express written permission. Don’t try and mine our data –
it’s our user’s and members info and we’ll protect it;

l) Except as expressly approved by us, and subject to applicable laws, use Bully for
commercial activities and/or promotions such as contests, sweepstakes, barter, pyramid
schemes, advertising, affiliate links, and other forms of solicitation;

m) Imply a Bully endorsement or partnership of any kind without our express written
permission;

n) Send SPAM. If you send any messages in violation of the USA CAN-SPAM Act or any
other applicable anti-spam law (yeah we don’t really want it, thanks! and neither do our
members) – again this gets you banned for life;

o) "Frame" or "mirror" or otherwise incorporate part of Bully into any website, or "deep-link"
to any portion of Bully without our express written permission.

p) Copy or use the information, Content (excluding Your Content), or data on Bully in
connection with a competitive service, as determined by Bully;

q) Sell, resell, rent, lease, loan, trade or otherwise monetize access to Bully or any Content
(excluding Your Content) without our express written permission;

r) Interfere with, disrupt, modify, reverse engineer, or decompile any data or functionality of
Bully;

s) Interfere with, disrupt, or create an undue burden on Bully or the networks or services
connected to Bully, eg SPAM, setting up other servers within or anything of such nature;

t) Introduce any viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or
similar software to Bully; or Attempt to circumvent any security feature of Bully;

5. Using Bully

a) Applying for jobs on Bully. Some of our job postings allow you to complete and submit
your application on Bully. We provide this service by working directly with an employer and
or recruiter or by searching the Internet for the best contact information we can find for an
employer. When you click the "Apply" button to submit an application on Bully, we send your
application to the most appropriate contact information we have on file for that employer or
recruiting organization and company.
While we try and make this service the best it can be, employer and recruiting websites are
not controlled by us, and we cannot guarantee that your application will be properly received
and logged by the third-party employer website upon transmission. If you have any reason
to think your application was not received by an employer, we suggest you contact them
directly to confirm.

Bully does not guarantee the identity of an employer or any individuals working for any
employers posted on Bully, and cautions job seekers when applying to jobs. Bully does not
guarantee the validity of a job offer and cautions job seekers to verify the validity of a job
offer before taking an adverse action regarding their current employment situations. In other
words don’t go quitting your current job if you don’t even know this is a legit job yet – simply
put: don’t put the cart before the horse. You are the one and are solely responsible for
verifying the accuracy of any employer or job offer.

b) Bully Messaging, Video and Voice calling Services. Bully provides a two-way message
proxy and relay system as well as voice and video calling. By utilizing these Bully Services,
you acknowledge that you are asking Bully to send these messages on your behalf in one of
those forms. This includes your resumes, cover letters, applications, messages,
questionnaire answers, responses, offer letters and other materials. As well as any chat
between prospective recruiters and employers and or between group members. Since these
Bully Messaging, Video and Voice Services depend on the functionality of third-party
providers, there may be technical delays on the part of those service providers. Bully
assumes no responsibility for the communications between parties using these Bully
Services, which communications are the sole responsibility of the parties using the service.
All interactions while utilizing these services are still required to comply with our rules
regarding allowable content and what you can or cannot post listed above.

6. Employers and Recruiters – Applicable provisions

Posting Jobs on Bully. You may not post any job ad that:

a) Contains any logo/brands, or link to websites other than your own or those of any entity for
which you are authorized to submit job ads and or are authorized to represent;

b) Contains multiple job openings in a single job ad (unless you've purchased a service that
permits this or have explicit permission under another contract);

c) Involves any screening requirement where such screening requirement is not an actual and
legal requirement of the advertised position;

d) Does not comply with the applicable laws or regulations of the state/province/county and
country where the job is to be performed, including laws relating to labor and employment,
equal employment opportunity and employment eligibility requirements, data privacy, data
access and use and intellectual property including all EU regulations;

e) Contains false information or solicits employees by intentional misrepresentation, such as,
misrepresentation of the terms of employment (whether that’s salary related, benefits, or
some other form of incentive), the hiring entity, or the identity of the poster, do not lie or play
games;

f) Requires any sort of fee in any way to apply – this includes an application fee or up-front or
periodic payments; requires recruitments of others; resembles a multi-level marketing
scheme, franchise, pyramid scheme, "club membership", distributorship or sales
representative agency arrangement; or only pays commissions (except where the listing
makes clear that the available job pays commission only and clearly describes the product
or service that the job seeker would be selling eg life insurance); or resembles a multi-level
marketing scheme.

g) Does not comply with Title VII of the Civil Rights Act or the EEOC's Enforcement Guidance
on Employer's Consideration of Arrest and Conviction Records in Employment Decisions,
and relevant state and local laws that prohibit employers from discriminating against people
with criminal backgrounds and require employers to delay inquiry into an applicant's criminal
history until later in the hiring process.

h) Discriminates against applicants on the basis of gender, race, religion, sexual orientation,
age, disability, or any other ground(s) prohibited by applicable law, in each case as
determined in Bully's reasonable discretion.

You agree that Bully may, at its full and sole discretion, remove or prevent the
posting of any job ad for any or no reason whatsoever if it deems necessary.

Reviews on Bully. You agree not to try and solicit reviews by offering incentives in
exchange for company or interview reviews or to offer incentives in order to influence or
sway such reviews. You may not trade reviews with other employers. We will remove
reviews where we have evidence that users were compensated to leave reviews or were
influenced in such a way that it is not their true representation of the company and their bully
culture.

Communications with Job Candidates and potential interviewees. We may inform a
user when you have taken an action with respect to information we have shared with you on
behalf of that user, such as when you open the user's application, review their resume, view
their profile on Bully, and/or make a decision about their application including whether or not
they’d like to schedule an interview via the platform. When you view, store or receive
materials through your use of Bully and its platform, we may use such materials for data
analysis or to refine our platform and services. Bully may also send emails to Job Seekers
on your behalf indicating that your job posting is potentially a match for the Job Seeker’s
resume. You understand and agree that Bully may take such actions.

7. Special Provisions Applicable to Advertisers

This provision applies to all advertisers, including employers who purchase job ads or any of
our display ads or other such job related advertisements. Unless we agree otherwise, you
may not use or otherwise process data collected or derived from such ads ("Ad Data") for
any purpose (including retargeting, building or augmenting user profiles, allowing
piggybacking or redirecting with tags, or combining with data across multiple advertisers'
campaigns) other than to assess the performance and effectiveness of your campaigns on
an aggregate and anonymous basis. We don’t mind you assessing how well the ads perform
but don’t wat you redirecting or manipulating such data. You may not, and you may not
permit a third-party to, transfer or sell any Ad Data to, or use Ad Data in connection with, any
ad network, ad exchange, data broker, or other party not acting on behalf of you and your
campaigns. This includes any sale to companies employing SPAM techniques and utilizing
mass email spam attacks. You may use information provided directly to you from users if
you provide clear notice to and obtain consent from those users and comply with all
applicable laws and industry guidelines, including those applicable to data protection. This
consent needs to be obtained prior.

8. Your Content

a. Posting content

Bully allows you to post content, including photos, videos, events, pages, blogs, comments,
links, and other materials. Anything that you post or otherwise make available on our
Products is referred to as "User Content." You retain all rights in, and are solely responsible
for, the User Content you post to Bully.

We allow users to post content about employers when they have been employed by the
employer as a full-time, part-time, contractor, freelancer, and an independent
contractor/employee. We perform algorithmic verifications cross referencing experience on
users profiles before they are allowed to post any such reviews for companies. More simply
put:

If you post your content on Bully, it still belongs to you, but we can show it to
people and others can share it.

b. How Bully and other users can use your content

By submitting or authorizing us to display any Content on Bully, you hereby grant to us an
unrestricted, irrevocable, perpetual, non-exclusive, fully-paid and royalty-free, license (with
the right to sublicense through unlimited levels of sublicenses) to use, copy, perform,
display, create derivative works of, adapt and distribute such Content in any and all media
(now known or later developed) throughout the world. Nothing in these Terms shall restrict
other legal rights Bully may have to User Content, for example under other licenses. We
reserve the right to remove or modify User Content for any reason, including User Content
that we believe violates these Terms or our policies. Please note: Our interpretation of our
policies and the decision whether or not to edit or remove Content is within our sole
discretion. You understand and agree that if we choose not to remove or edit Content that
you find objectionable, that decision will not constitute a violation of these Terms or any
agreement we have with you.

Defending Our Users

While we have no obligation to do so, we reserve the right, to the
fullest extent permitted by applicable law, to take appropriate action to protect the anonymity
of our users against the enforcement of subpoenas or other information requests that seek a
user's electronic address or identifying information. In other words the ratings you provide
will remain anonymous – we will not just hand you over – to the fullest extent of the law
made available.

More simply put:

Copies of content shared with others may remain even after you delete the content from
your account.

c. How long we keep your content

Following termination or deactivation of your account, or if you remove any User Content
from Bully, we may retain your User Content for a commercially reasonable period of time
for backup, archival, or audit purposes. Furthermore, Bully and its users may retain and
continue to use, store, display, reproduce, share, modify, create derivative works, perform,
and distribute any of your User Content that other users have stored or shared through
Bully.

d. Third-Party Content on Bully.

Content from other users, advertisers, and other third parties is made available to you
through Bully. "Content" means any work of authorship or information, including salaries,
company reviews, interview reviews, company photos, logos, employer responses, job ads,
employer profile information, advertisements, comments, opinions, postings, resumes,
messages, text, files, images, photos, works of authorship, e-mail, data yada yada yada or
any other materials you find on Bully and this may not be the fully comprehensive listing.
Because we do not control such Content, you understand and agree that: (1) we are not
responsible for it at all, and do not endorse, any such Content, including advertising and
information about third-party products and services, job postings, or the employer, interviews
provided by other users; (2) we make no guarantees about the accuracy, suitability,
reliability or quality of the information in such Content; and (3) we assume no responsibility
for unintended, objectionable, inaccurate, misleading, or unlawful Content made available by
users, advertisers, and third parties.

Bully may make available content at certain times which is hosted by YouTube. By
interacting with the YouTube Client and viewing YouTube content, you agree to YouTube's
Terms of Service.

In accordance with Section 230 of the U.S. Communications Decency Act, and any
equivalent or similar laws in other jurisdictions which are intended to exclude or limit the
liability of online service providers who provide access to user-generated content, we
generally cannot be held liable for claims arising from the Content provided by third
parties on Bully.

Links to Third-Party Websites.

Bully may contain links to third-party websites placed by us as a service to those interested in this information or posted by other users. Your use of all such links to third-party websites is at your own risk. We do not monitor or
have any control over and make no claim or representation regarding third-party websites. To the extent such links are provided by us, they are provided only as a convenience, and a link to a third-party website does not imply our endorsement, adoption or sponsorship of, or affiliation with, such third-party website. When you leave
Bully, our terms and policies do not govern your use of third-party websites. This applies to the Calendly links contained within member profiles permitting access to availability and user’s calendars setup through the Calendly website. As iterated above, such links are for the convenience of all users of the site and we do not endorse, or sponsor in any such way – the use of such services is at your own risk and is governed by Calendly and their terms and conditions.

e. Feedback you provide

We value hearing from our users and are always interested in learning about ways we can
make Bully more awesome. If you choose to submit comments, ideas or feedback, you
agree that we are free to use them without any restriction or compensation to you. By
accepting your submission, Bully does not waive any rights to use similar or related
Feedback previously known to Bully, or developed by its employees, or obtained from
sources other than you.

More simply put:

Also, don't post porn or spam or be a jerk to other members. Oh, and we can actually use
your suggestions to make Bully better.

9. Copyright Policy

Bully has adopted and implemented a Copyright Policy in accordance with the Digital
Millennium Copyright Act. More simply put, we respect copyrights. You should, too.

10. Security

We care about the security of our users. While we work to protect the security of your
content and account, Bully cannot guarantee that unauthorized third parties will not be able
to defeat our security measures. Please notify us immediately of any compromise or
unauthorized use of your account.

11. Termination

These Terms remain in effect while you use Bully and, for registered users, as long as your
account remains open. You may delete your account at any time. We may suspend or
terminate your account or your access to parts of Bully, for any or no reason, without notice
to you. We will have no liability whatsoever to you for any termination of your account or
related deletion of your information.
All provisions of these Terms shall survive termination or expiration of these Terms except
those provisions granting access to or use of Bully. Should a particular provision or clause
be deemed not to survive termination by the courts, all other provisions and terms will
remain in force. For the avoidance of doubt, you agree that these Terms apply to your use of
Bully and any Content posted on Bully at any time prior to the termination or expiration of
these Terms. Your continued use of Bully is subject to the most current effective version of these Terms.

Enforcement by Bully

Other Enforcement Actions. While we have no obligation to do so, we reserve the right to
investigate and take appropriate action in our sole discretion against you if you violate these
Terms, including without limitation: removing Content that you have previously posted or
created (or portions thereof) from Bully; suspending your rights to use Bully; terminating your
membership and account; reporting you to law enforcement, regulatory authorities, or
administrative bodies; and taking legal action against you.

12. Indemnity

You agree to indemnify and hold harmless Bully and our subsidiaries and its officers, directors,
employees and agents, from and against any claims, suits, proceedings, disputes, demands,
liabilities, damages, losses, costs and expenses, including, without limitation, reasonable legal
and accounting fees (including costs of defense of claims, suits or proceedings brought by third
parties), in any way related to (a) your access to or use of our Products and Platform, (b) your
User Content, or (c) your breach of any of these Terms.

13. Disclaimers and Limitation on Liability

The disclaimers and limitations on liability in this section apply to the maximum extent allowable
under applicable law. Nothing in this section is intended to limit any rights you have which may
not be lawfully limited.
Any emails or email notifications corresponding with any activity on Bully, the Bully Messaging
Video chat and calling Services, or any other communications service, product, or feature
provided on or through Bully, are provided solely as a courtesy. Bully disclaims all warranties
with regard to the transmission or storage of such courtesy notices, does not guarantee their
delivery or receipt, and does not guarantee the date or time at which they may be sent. In the
event a message being sent is intended for a closed account, these messages will not be
deliverable.

Bully assumes no responsibility, and disclaims all liability for the content, accuracy,
completeness, legality, reliability, or availability of any job posting, career page, job solicitation,
screener question, answer to screener question, resume information, or message you post,
send or receive through Bully or the Bully Video and Voice chat Messaging Services.
You are solely responsible for your interactions with advertisers and other users and we are not
responsible for the activities, omissions, or other conduct, whether online or offline, of any
advertiser or user of Bully. We are not responsible for any incorrect, inaccurate, or unlawful
Content (including any information in profiles) posted on Bully, whether caused by users or by
any of the equipment or programming associated with or utilized in Bully. We assume no
responsibility for any error, omission, interruption, deletion, defect, delay in operation or
transmission, communications line failure, theft or destruction or unauthorized access to, or
alteration of, any communication with advertisers or other users. We are not responsible for any
problems or technical malfunction of any hardware and software due to technical problems on
the Internet or on Bully or combination thereof, including any injury or damage to users or to any
person's computer related to or resulting from participation or downloading materials in
connection with Bully. Under no circumstances shall we be responsible for any loss or damage
resulting from the use of Bully or from any Content posted on Bully or transmitted to users, or
any interactions between users of Bully, whether online or offline.
Bully is provided "as-is" and as available. We expressly disclaim any warranties and conditions
of any kind, whether express or implied, including the warranties or conditions of
merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, or non-
infringement. We make no warranty that: (1) Bully will meet your requirements; (2) Bully will be
available on an uninterrupted, timely, secure, or error-free basis; or (3) the results that may be
obtained from the use of Bully will be accurate or reliable.
You hereby release Bully and all its subsidiaries from any and all claims, demands, and losses,
damages, rights, claims, and actions of any kind that are either directly or indirectly related to or
arises from: (1) the actions, Content, or data of third parties (including, advertisers and other
users) (2) your participation in any offline events.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, BULLY SHALL NOT BE LIABLE
FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE
DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED
DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER
INTANGIBLE LOSSES, RESULTING FROM (A) YOUR ACCESS TO OR USE OF OR
INABILITY TO ACCESS OR USE BULLY; (B) ANY CONDUCT OR CONTENT OF ANY
THIRD PARTY ON BULLY, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY,
OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; OR (C)
UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR
CONTENT. IN NO EVENT SHALL BULLY'S AGGREGATE LIABILITY FOR ALL CLAIMS
RELATING TO THE PRODUCTS EXCEED ONE HUNDRED U.S. DOLLARS (U.S.
$100.00).

You acknowledge that you are familiar with the provisions of Section 1542 of the California Civil
Code, which provides as follows: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS
WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER
FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER
MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR."
You hereby expressly waive and relinquish all rights and benefits under Section 1542 of the
California Civil Code and any law or legal principle of similar effect in any jurisdiction with
respect to the releases and/or discharges granted herein, including but not limited to the
releases and/or discharges of unknown claims.

14. Third-Party Discovery

You agree to waive your right to file a pre-suit discovery proceeding seeking a user's identifying
information from Bully. If you intend to propound discovery seeking a user's identifying
information, you agree to do so pursuant to a valid California subpoena, properly issued in
connection with an active lawsuit and properly served at our registered agent in California at
Bully, Inc.,410 Sheridan Ave, Unit 106, Palo Alto, CA 94306. You further agree that all such
subpoenas and discovery proceedings arising from such subpoenas shall be issued from,
brought and resolved exclusively in the state courts located within Santa Clara County,
California or the federal courts in the Northern District of California, as appropriate, and you
agree to submit to the personal jurisdiction of each of these courts for such discovery
proceedings.

15. Dispute Resolution

PLEASE READ THIS CAREFULLY AS IT DIRECTLY AFFECTS YOUR RIGHTS UNDER
THIS AGREEMENT. YOU AGREE THAT BY ENTERING INTO THESE TERMS, YOU AND
BULLY ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A
CLASS ACTION. YOU AND BULLY AGREE THAT EACH MAY BRING CLAIMS AGAINST
THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF
OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
ANY ARBITRATION WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS
ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED. SIMPLY PUT; WE AREN’T
SUING EACH OTHER WITH SOME SILLY CLASS ACTION SUIT

Governing Law. These Terms and any and all claims, disputes, or other legal proceedings by
or between you or us, including but not limited to any such claims or disputes that are in any
way related to or arising under these Terms or your access to or use of Bully, shall be governed
by the laws of the State of California without giving effect to any conflict-of-laws principles that
may otherwise provide for the application of the law of another jurisdiction.

The parties agree that their arrangement under these Terms is in interstate commerce and that the Federal
Arbitration Act applies to the construction of the "Agreement to Arbitrate" provision below. For
any claim, dispute, or other legal proceeding not subject to the "Agreement to Arbitrate"
provision below, the claim or dispute shall be brought and litigated exclusively in the state courts
located within Santa Clara County, California or the federal courts in the Northern District of
California, as appropriate, and you agree to submit to the personal jurisdiction of each of these
courts for the purpose of litigating such claims or disputes.

Agreement to Arbitrate

If you reside in the United States, subject to the Exceptions to
Arbitration set forth below, you and Bully each agree that any and all disputes between
consumer users of Bully and Bully arising under or related in any way to these Terms and such
users' use of Bully must be resolved through binding arbitration as described in this section.
With the exception of the prohibition on class arbitrations set forth in this "Dispute Resolution"
section, if an arbitrator or court decides that any part of this agreement to arbitrate is
unenforceable, the other parts of this Agreement to Arbitrate will still apply.
Exceptions to Arbitration. 

This Agreement to Arbitrate will not apply to the following:

(a) small claims court cases that qualify to be resolved in that court;

(b) legal proceedings that involve efforts to obtain user-identifying information in any form;

(c) any legal proceedings brought against any of the Bully companies or other legal entities; or individuals acting on behalf of such
companies or other legal entities;

(d) any legal proceedings brought by any of the Bully
companies against companies or other legal entities or individuals acting on behalf of any such
companies or other legal entities; and

(e) a party's right to seek 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. If, for some reason, the prohibition on class arbitrations set forth in this Dispute Resolution section cannot be enforced, then the entirety of this Agreement to
Arbitrate will not apply. Where this Agreement to Arbitrate does not apply, the remainder of this
Agreement and the Dispute Resolution section will continue to apply.


Informal Dispute Resolution

If either of us intends to seek arbitration under the agreement, the
party seeking arbitration must first notify the other party of the dispute in writing at least 30 days
in advance of initiating arbitration. Notice to Bully should be sent to Bully Inc. at [email protected] If you have an account on Bully, notice to you will be sent
to the email address associated with your account. The notice of dispute ("Notice") must (a)
describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought.
If Bully and you do not reach an agreement to resolve the claim within 30 days after the Notice
is received, you or Bully may commence formal proceeding.

Arbitration Procedure

The arbitration will be governed by the Consumer Arbitration Rules of the
American Arbitration Association ("AAA"), if applicable, as modified by this section. The AAA's
rules and a form for initiating the proceeding are available at www.adr.org. Any settlement offer
made by you or Bully shall not be disclosed to the arbitrator. Unless otherwise required by the
applicable arbitration rules, the arbitration shall be held in San Francisco, California. For any
claim where the total amount of the award sought is $10,000 or less, you and Bully may elect to
have the arbitration conducted by telephone or based solely on written submissions, which
election shall be binding on you and Bully subject to the arbitrator's discretion to require an in-
person hearing. In cases where an in-person hearing is held, you or Bully may attend by
telephone, unless the arbitrator requires otherwise. The arbitrator will decide the substance of
all claims in accordance with applicable law, including recognized principles of equity, and will
honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in
prior arbitrations involving different users, but is bound by rulings in prior arbitrations involving
the same Bully user to the extent required by applicable law. The arbitrator's award shall be final
and binding and judgment on the award rendered by the arbitrator may be entered in any court
having jurisdiction thereof.

Opt-Out Procedure

IF YOU ARE A NEW BULLY USER, YOU CAN CHOOSE TO REJECT
THIS AGREEMENT TO ARBITRATE ("OPT-OUT") BY EMAILING US A WRITTEN OPT-OUT
NOTICE ("OPT-OUT NOTICE"). THE OPT-OUT NOTICE MUST BE SENT NO
LATER THAN 30 DAYS AFTER THE DATE YOU ACCEPT THE BULLY TERMS OF USE
FOR THIS FIRST TIME. YOU MUST EMAIL THE OPT-OUT NOTICE TO [email protected], ATTN:
ADMINISTRATOR, RE: OPT-OUT NOTICE

You must email a complete Opt-Out Notice by providing your name, address (including street
address, city, state and zip code), and the email address(es) associated with the Bully
account(s) to which the opt-out applies. All information requested must be provided for the Opt-Out Notice for it to be effective.
This procedure is the only way you can opt out of this Agreement to Arbitrate. If you opt out of
the Agreement to Arbitrate, all other parts these Terms and this Dispute Resolution section will
continue to apply to you. Opting out of this agreement to arbitrate has no effect on any previous,
other, or future arbitration agreements that you may have with us.

Changes to the Agreement to Arbitrate. Notwithstanding any provision in these Terms to the
contrary, you and we agree that if we make any changes to this "Arbitration" section (other than
a change to any referenced notice address or site link) in the future, that change will not apply to
any claim that was filed in a legal proceeding prior to the effective date of the change. The
change will apply to all other disputes or claims governed by this Arbitration section that have
arisen or may arise between you and Bully. We will notify you of changes to this Arbitration
section by posting the changes on Bully at least 30 days before the effective date of the
changes and by email. If you do not agree to these changed terms, you can just close your
account within the 30 day period and you will not be bound by the changes made so no harm
and no foul.

16. General Terms

Notification Procedures and changes to these Terms. Bully Community reserves the right to
determine the form and means of providing notifications to you, and you agree to receive legal
notices electronically if we so choose. We may revise these Terms from time to time and the
most current version will always be posted on our website. If a revision, in our sole discretion, is
material we will notify you. By continuing to access or use the Products after revisions become
effective, you agree to be bound by the revised Terms. If you do not agree to the new terms,
please stop using the Products. We encourage you to periodically review this page for the latest
information on our Terms. Your continued use of Bully is subject to the most current effective
version of these Terms.

More simply put:

If we're making a big change to the terms, we'll let you know.

17. Assignment

These Terms, and any rights and licenses granted hereunder, may not be transferred or
assigned by you, but may be assigned by Bully without restriction. Any attempted transfer or
assignment in violation hereof shall be null and void.

18. Entire Agreement/Severability

These Terms, together with the Privacy Policy and any amendments and any additional
agreements you may enter into with Bully, shall constitute the entire agreement between you
and Bully concerning its services. If any provision of these Terms is deemed invalid, then that
provision will be limited or eliminated to the minimum extent necessary, and the remaining
provisions of these Terms will remain in full force and effect. No waiver of any term of these
Terms shall be deemed a further or continuing waiver of such term or any other term, and
Bully's failure to assert any right or provision under these Terms shall not constitute a waiver of
such right or provision.