TERMS OF USE, MEMBERSHIP TERMS, AND DISPUTE RESOLUTION AGREEMENT (FLORIDA)

Last Updated: 02 26, 2026
Website: www.bpcworks.com
Company: BPC Works Corp, a Florida company (“Company,” “we,” “us,” “our”)
Contact: info@bpcworks.com | 7901 4TH STREET NORTH, SUITE 300
SAINT PETERSBURG, FL 33702, include “Attn: Legal” if desired

Agreement to these Terms

By accessing or using the website located at www.bpcworks.com (the “Site”), creating an account, purchasing or using any membership, product, or service offered by Company (collectively, the “Services”), or clicking “I Agree” (or similar), you agree to be bound by these Terms of Use, Membership Terms, and Dispute Resolution Agreement (the “Terms”).

If you do not agree, do not use the Site or Services.

These Terms incorporate by reference our Privacy Policy located at:  Privacy Policy. If you enroll as a member, you may also be required to accept a separate Membership Agreement (if applicable), which may contain additional terms specific to membership tiers, benefits, pricing, and renewals. If a Membership Agreement conflicts with these Terms, the Membership Agreement controls only as to the conflicting membership-specific issue.

Eligibility and account registration

You must be at least 18 years old (or the age of majority in your jurisdiction) to create an account or purchase a membership.

You agree to provide accurate information, keep your credentials confidential, and promptly notify us of any unauthorized access. You are responsible for all activity that occurs under your account.

Membership privileges

Membership provides access to certain privileges, benefits, content, discounts, or other features described on the Site or in your Membership Agreement (“Membership Benefits”). Membership Benefits may vary by tier and may be modified, replaced, suspended, or discontinued as described in these Terms and/or your Membership Agreement.

We may refuse, suspend, or terminate membership if we reasonably believe you: (a) violated these Terms; (b) used the Site unlawfully; (c) misused Membership Benefits; or (d) created risk or legal exposure for Company.

Technology-based services

We may offer technology-based services (for example: digital tools, portals, software features, online resources, integrations, or support services). Unless expressly stated in writing, Services are provided for general informational and convenience purposes and are not guaranteed to be error-free, uninterrupted, secure, or available at all times.

Fees, billing, automatic renewals, and cancellation

If you purchase a paid membership or other paid Services, you agree to pay all applicable fees and taxes as presented at checkout.

If your membership includes automatic renewal, the renewal terms, cycle, and price (or how price changes are disclosed) will be presented to you at purchase and/or in your Membership Agreement. You authorize us (and our payment processors) to charge your chosen payment method for recurring fees, unless you cancel.

Cancellation. You may cancel your membership as described on the Site and/or in your Membership Agreement. If you accept a contract online (e.g., click-to-accept), we will make cancellation available online in a comparable manner, consistent with applicable law.

Refunds. “All fees are non-refundable”, except where required by law.

Acceptable use and prohibited conduct

You agree not to (and not to attempt to):

1. Use the Site or Services for any unlawful purpose, or in violation of any applicable law or regulation.
2. Upload, transmit, distribute, or facilitate malware, spyware, ransomware, viruses, worms, trojans, or other malicious code.
3. Use any automated system or method to access, scrape, crawl, index, spider, harvest, or copy any portion of the Site or Services, including bots, spiders, scrapers, or automated queries, without our express written permission.
4. Circumvent, disable, interfere with, or defeat any security feature, access control, rate limit, robot exclusion header, or technical restriction.
5. Probe, scan, or test the vulnerability of the Site, or attempt to gain unauthorized access to any accounts, systems, networks, or data.
6. Reverse engineer, decompile, disassemble, or otherwise attempt to derive source code or underlying algorithms from the Site or Services, except to the extent such restriction is prohibited by law.
7. Impersonate any person or entity, or misrepresent your affiliation with any person or entity.

We may investigate violations and may suspend or terminate access immediately, without notice, if we believe you violated this section.

Intellectual property

Company (and its licensors) own the Site and Services, including all content, logos, trademarks, text, graphics, interfaces, software, and related intellectual property.

Subject to your compliance with these Terms, Company grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Site and Services for your personal or internal business use (as applicable), solely as provided by Company.

User content

If the Site allows you to upload or submit content (“User Content”), you represent you have the right to do so and that your User Content does not violate law or third-party rights.

You grant Company a worldwide, non-exclusive, royalty-free license to host, store, reproduce, display, and use User Content as necessary to operate, provide, and improve the Site and Services, and to enforce these Terms.

Third-party services and links

The Site may link to third-party sites or services. We do not control third-party sites/services and are not responsible for them. Your use of third-party services is at your own risk and subject to third-party terms.

DISCLAIMERS OF WARRANTIES

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SITE AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY.

WITHOUT LIMITING THE FOREGOING, COMPANY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND DISCLAIMS ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

COMPANY DOES NOT WARRANT THAT THE SITE OR SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE FROM HARMFUL COMPONENTS.

LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

1. NO INDIRECT DAMAGES. COMPANY WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS INTERRUPTION, EVEN IF ADVISED OF THE POSSIBILITY.
2. LIABILITY CAP (SIX-MONTH CAP). COMPANY’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE SITE OR SERVICES (INCLUDING MEMBERSHIP) WILL NOT EXCEED THE TOTAL AMOUNT YOU PAID TO COMPANY FOR THE SERVICES GIVING RISE TO THE CLAIM DURING THE SIX (6) MONTHS IMMEDIATELY BEFORE THE EVENT FIRST GIVING RISE TO LIABILITY.

Some jurisdictions do not allow certain limitations; in that case, the above applies only to the extent permitted by law.

Indemnification

You agree to defend, indemnify, and hold harmless Company and its affiliates, owners, officers, directors, employees, contractors, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or related to: (a) your use of the Site/Services; (b) your violation of these Terms; (c) your User Content; or (d) your violation of any law or any third-party rights.

Suspension and termination

We may suspend or terminate your access to the Site/Services at any time if we reasonably believe you violated these Terms or created risk to Company or others. Upon termination, sections that by their nature should survive will survive (including Dispute Resolution, Arbitration, Class Action Waiver, IP, Disclaimers, Limitation of Liability, and Indemnification).

Electronic communications and electronic signature consent

By using the Site or Services, you consent to receive communications from us electronically (e.g., email, in-app messages, website notices). You agree that your electronic actions (such as clicking “I agree,” “Submit,” “Purchase,” or similar buttons; checking an acceptance box; or completing an online enrollment) constitute an electronic signature and acceptance, and that electronic records of these Terms, the Privacy Policy, and any Membership Agreement are enforceable.

You agree you can access and retain electronic records and that we may provide you with a copy of your agreement electronically.

Governing law

Except where preempted by federal law (including the FAA as described below), these Terms are governed by the laws of the State of Florida, without regard to conflict of laws rules.

DISPUTE RESOLUTION: 60-DAY INFORMAL PROCESS, ARBITRATION, AND CLASS ACTION WAIVER

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO SUE IN COURT AND YOUR RIGHT TO A JURY TRIAL.

Mandatory 60-day informal dispute resolution period

Before initiating arbitration (or any other permitted proceeding), you and Company agree to first attempt to resolve disputes informally for sixty (60) days.

To start this process, the complaining party must send a written Notice of Dispute to the other party (“Notice”) that includes: (a) name, email, account identifier (if any); (b) a description of the dispute; (c) the specific relief requested; and (d) supporting information; (e) you may also submit this electronically to legal@bpcworks.com

Company Notice Address:
BPC Works Corp
Attn: Legal – Notice of Dispute
7901 4TH STREET NORTH, SUITE 300
SAINT PETERSBURG, FL 33702
Email: legal@bpcworks.com

During the 60-day period, the parties will attempt in good faith to resolve the dispute, including by phone or video conference if requested.

Agreement to binding arbitration

Except as provided in the “Small claims exception” and “Injunctive relief carve-out” below, any dispute, claim, or controversy arising out of or relating to the Site, Services, membership, these Terms, or any relationship between you and Company (collectively, “Disputes”) will be resolved by binding arbitration, not in court.

This arbitration agreement is made pursuant to a transaction involving interstate commerce and shall be governed by the Federal Arbitration Act (9 U.S.C. § 1 et seq.).

Arbitration administrator, rules, and location

The arbitration shall be administered by AAA under its applicable rules in effect at the time arbitration is initiated, except as modified by these Terms.

Unless the parties agree otherwise, the arbitration hearing will take place in Leon County, Florida, or may be conducted remotely (video/phone) when appropriate.

Small claims exception

Notwithstanding the above, either party may bring an individual action in small claims court if the claim qualifies and remains in small claims court (i.e., is not removed or appealed to a court of general jurisdiction). The small claims exception applies only to individual claims.

Class action waiver and prohibition on class arbitration

YOU AND COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING.

The arbitrator may not consolidate claims of more than one person and may not preside over any form of class, collective, consolidated, or representative proceeding.

Delegation clause (arbitrator decides arbitrability)

The arbitrator shall have the exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this arbitration agreement, including any claim that all or part of this arbitration agreement is void or voidable, except that a court of competent jurisdiction may decide the enforceability of the class action waiver to the extent required by law.

Injunctive relief carve-out

Nothing in these Terms prevents either party from seeking temporary or preliminary injunctive relief in court to prevent imminent harm (for example, unauthorized access, misuse, scraping, or infringement of intellectual property), pending the outcome of arbitration.

Attorney fees for frivolous or unsupported claims; Florida safe-harbor notice

If any party asserts a claim or defense that is frivolous, brought in bad faith, or not supported by material facts or then-existing law, the other party may seek recovery of reasonable attorneys’ fees and costs to the maximum extent permitted by law.

Florida Statutes §57.105 Safe Harbor (Court Proceedings).

In any court proceeding where §57.105 may apply (including, as applicable, actions filed despite this arbitration agreement; motions to compel arbitration; proceedings to confirm/vacate an arbitration award; or small claims actions), the parties acknowledge that §57.105 provides that a sanctions motion must be served but not filed unless, within 21 days after service, the challenged claim/defense/paper is not withdrawn or appropriately corrected.

Time limit for bringing claims

All Disputes must be brought within the time limits permitted by applicable law. The parties agree that the 60-day informal dispute resolution period is intended to encourage settlement and does not eliminate any rights that cannot legally be waived.

Severability of dispute resolution provisions

If any part of this Dispute Resolution section is found unenforceable, the remainder will be enforced to the fullest extent permitted by law. If the class action waiver is found unenforceable for a particular claim, then that claim (and only that claim) shall proceed in court, and the parties agree it shall proceed only on an individual basis.

Entire agreement; changes; assignment; severability

These Terms (plus any incorporated policies and any Membership Agreement you accept) constitute the entire agreement between you and Company regarding the Site and Services and supersede prior agreements on the same subject.

We may update these Terms by posting a revised version and updating the “Last Updated” date. If changes are material, we may provide additional notice. Continued use of the Site or Services after changes become effective constitutes acceptance.

If any provision is held invalid, the remaining provisions remain in effect.

Company may assign these Terms. You may not assign without Company’s prior written consent.

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