Terms of Service

These bundle baby co. Terms of Use (this “Agreement”) govern Your use of the website at  http://www.bundlebabyco.com, any associated web or mobile application, and any features or functionality available through the foregoing (collectively, the “Platform”) and all information, data, reports, and other content (collectively “Content”) available via the Platform and are agreed to between you as an individual or, if you are accessing or using the Platform or Content on behalf of another individual, organization, or entity (“Entity”), that Entity (in either case, “You” or “Your”) and a baby store LLC (dba bundle baby co.), with its principal place of business in the owner’s home office (“a baby store”, “BBC”, “we” or “us”).   This Agreement also governs any products you purchase on the Platform (the “Products”).  PLEASE NOTE THAT MANY TO MOST PRODUCTS ARE PRE-OWNED OR OPEN-BOX, SALVAGE, EXCESS OR LIQUIDATION ITEMS.

By accessing or using any part of the Platform or any Content, or by clicking “I agree” to this Agreement, you agree to enter into and be bound by this Agreement. If you are entering into this Agreement on behalf of an Entity, by accessing or using any part of the Platform or any Content, or by clicking “I agree” to this Agreement, you represent and warrant that you have authority to bind that Entity to this Agreement. If you do not have such authority, or You do not agree to be bound by this Agreement, do not access or use any part of the Platform or any Content.

SECTION 17 OF THIS AGREEMENT CONTAINS PROVISIONS THAT GOVERN HOW DISPUTES BETWEEN YOU AND BBC ARE RESOLVED. IN PARTICULAR, THE ARBITRATION AGREEMENT IN SECTION 17 WILL, WITH LIMITED EXCEPTIONS, REQUIRE DISPUTES BETWEEN YOU AND BBC TO BE SUBMITTED TO BINDING AND FINAL ARBITRATION. PLEASE SEE SECTION 17 FOR MORE INFORMATION REGARDING THIS ARBITRATION AGREEMENT.

 

SECTION 1: Definitions. Terms used in this Agreement have the definitions given in this Agreement or, if not defined in this Agreement, have their plain English meaning as commonly interpreted in the United States.

 

SECTION 2: Term. This Agreement is entered into as of the earlier of the date You first access or use the Platform or any Content or click “I agree” to this Agreement and will continue until terminated as set forth herein.

 

SECTION 3: Modifications. BBC reserves the right, at any time, to modify the Platform or any Content, as well as the terms of this Agreement, whether by making those modifications available on the Platform or by providing notice to You as specified in this Agreement. Any modifications will be effective upon posting to the Platform or delivery of such other notice. You may cease using or accessing the Platform or Content or terminate this Agreement at any time if You do not agree to any modification. However, You will be deemed to have agreed to any and all modifications through Your continued use of or access to the Platform or Content following such notice.

 

SECTION 4: Eligibility. The Platform is intended for use by individuals 18 years of age and older. By accessing or using the Platform or any Content, you represent and warrant that you are at least 18 years of age.

 

SECTION 5: Your Account and Content.

5.1 Account Creation and Responsibility. Before accessing certain portions of the Platform, You and any person you authorize to access the Platform (“User”) are required to establish an account on the Platform (an “Account”). Approval of any request to establish an Account will be at the sole discretion of BBC. Each Account and the user identification and password for each Account (the “Account ID”) is personal in nature. Each Account is for Your Users’ individual use and each Account ID may be used only by an individual User. You will ensure no User distributes or transfers their Account or Account ID or provides a third party with the right to access their Account or Account ID. You are solely responsible for all use of the Platform through Your Users’ Accounts. You will ensure the security and confidentiality of each Account ID and will notify BBC immediately if any Account ID is lost, stolen, or otherwise compromised. Any transactions completed through any Account or under any Account ID will be deemed to have been lawfully completed by You. In connection with establishing an Account, You will be asked to submit certain information about Yourself (“Registration Information”). You agree that: (1) all Registration Information You provide will be true and complete; and (2) You will maintain and promptly update Your Registration Information to keep it accurate and current. You may not: (a) select or use an Account ID of another person with the intent to impersonate that person; or (b) use an Account ID that BBC, in its sole discretion, deems offensive.

5.2 Your Content. Except as expressly provided by this Agreement, You are solely responsible for the nature of all Content, including Your Registration Information, Your Account information and any other Account passwords, usernames, or other personal information, that You provide, upload, or transfer to the Platform or generate through Your Account (“Your Content”). By providing Your Content, You grant BBC a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, copy, store, reproduce, modify, display, adapt, publish, translate, create derivative works from, distribute, and display Your Content throughout the world in any form, media, software, or technology of any kind. You agree that Your Content: (a) does not violate this Agreement or any applicable laws; (b) is not libelous, defamatory, obscene, abusive, pornographic, threatening, or an invasion of privacy; (c) does not constitute an infringement or misappropriation of the IPR (as defined below) or other rights of any third party; (d) is not an advertisement or solicitation of funds, goods, or services; (e) is not false, misleading, or inaccurate; or (f) could not be considered junk mail, spam, a part of a pyramid scheme, a disruptive commercial message, or a disruptive advertisement. BBC is not responsible or liable for any deletion, correction, destruction, damage, loss, or failure to store or back-up any of Your Content. You agree that You have all right, title, interest, and consent in Your Content necessary to allow BBC to use Your Content for the purposes for which You provide Your Content to BBC.

 

SECTION 6: Access.

6.1 To BBC. Subject to Your compliance with this Agreement, BBC will permit You to access and use the Platform and Content solely for your own lawful non-commercial purposes and only in accordance with the terms of this Agreement. Access to certain areas of the Platform or certain items of Content may also require You to agree to additional agreements (each an “Annex”). This Agreement and any Annex together comprise Your entire Agreement with BBC. In the event of a conflict between the terms of this Agreement and an Annex, the terms of the Annex will govern Your use of the portions of the Platform or items of Content to which the Annex applies, and this Agreement will govern in all other respects.

6.2 To Content. As between BBC and You, all Content, including all text, audio, video, photographs, product images, product descriptions, illustrations, graphics, and other content or media, provided through the Platform (“Platform Content”) is owned by BBC. All Platform Content is for Your informational purposes only and You are solely responsible for verifying the accuracy, completeness, and applicability of all Platform Content prior to making use of that Platform Content. Subject to Your compliance with this Agreement, You may use the Platform Content provided to You through the Platform solely for Your personal, non-commercial purposes in connection with Your permitted use of the Platform in accordance with this Agreement. You agree that You will not, and will not permit any third party to: (a) alter, modify, reproduce, or create derivative works of any Platform Content; (b) distribute, sell, resell, lend, loan, lease, license, sublicense, or transfer any Platform Content; or (c) alter, obscure, or remove any copyright, trademark, or any other notices that are provided on or in connection with any Platform Content. Occasionally there may be information on the Platform that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Platform or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). BBC has not verified the accuracy of, and will not be responsible for any errors or omissions in, any Platform Content. Without limiting the foregoing, BBC will not be held liable to You or any third party for any Content (including Your Content) under the Communications Decency Act (47 U.S.C. § 230). Except as set forth in this Agreement, You are granted no licenses or rights in or to any Platform Content, or any IPR therein or related thereto.

6.3 To Third-Party Materials. 

6.3 a) Third Party Materials in General.  Certain content, products and services available via our Platform may include materials from third-parties.  Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.  We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party. The terms of any third-party service agreement will apply to the applicable third-party, in addition to the terms of this Agreement but will not apply to any other services or Content You may access through the Platform. 

6.4 b) Third Party Products. Many Products advertised by BBC on the platform are third-party pre-owned products, including without limitation pre-owned toys, gear, and products for children and babies that BBC may. BBC does not guarantee the Products listed on BBC are free of all defects. The buyer assumes​ full and exclusive responsibility to verify​ ​​that the items are in safe working condition. BBC makes no representations or warranties about such Products. You acknowledge and agree that BBC is not responsible for any damages or injuries from the Products.  

6.4 To Other Users.  The Platform may allow you to link, connect, or otherwise communicate with other Users through the Platform.  By linking, connecting, or communicating with other Users, You are agreeing to allow those Users to communicate directly with You through the Platform.  You agree that You are solely responsible for all communications between You and any other User through the Platform.  Your extension or acceptance of a link, connection, or other communication with another User will serve as Your affirmative “opt in” to the disclosure by BBC of Your Content (as defined below), data, and information (which may include Your personally identifiable information) to that other User.

 

SECTION 7: Purchases and Payment 

7.1 Order Acceptance. We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.

7.2 Delivery. The Product(s) will be delivered within a reasonable time after BBC’s receipt of full payment for the Product(s). BBC does not ship at this time, and cannot ship any Products outside of Arizona, or United States.   BBC shall not be liable for any delays, loss, or damage in transit. BBC reserves the right to alter, modify, or redesign its Product(s) without any obligation to replace previous shipments to You. Risk of loss and title of the Products purchased by You passes to You upon delivery of the items to the carrier.  

7.3 Your Acts or Omissions. You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that BBC can complete your transactions and contact you as needed.  You are responsible for the confidentiality of your account login information. You are responsible for the use of your account and login credentials. If BBC's performance of its obligations under these Terms is prevented or delayed by any act or omission of You or its agents, subcontractors, consultants, or employees, BBC shall not be deemed in breach of its obligations under these Terms or otherwise liable for any costs, charges, or losses sustained or incurred by You, in each case, to the extent arising directly or indirectly from such prevention or delay.

7.4 Price. The purchase of all Product(s) from BBC shall be made at the price(s) set forth on the Website (the “Price”).   The Price may be modified or change at any time in BBC’s discretion without notice to You. Unless otherwise agreed by BBC, the Price are exclusive of all sales, use, and excise taxes, and any other similar taxes, duties, and charges of any kind imposed by any Governmental Authority on any amounts payable by You. You shall be responsible for all such charges, costs and taxes; provided, that, You shall not be responsible for any taxes imposed on, or with respect to, BBC's income, revenues, gross receipts, personal or real property, or other assets.   

7.5 Disclaimers and Exclusive Remedy. NOTE THAT MANY PRODUCTS ARE PRE-OWNED, THEY ARE NOT NEW. BBC reserves the right, but are not obligated, to limit the sales of our products Services to any person, geographic region or jurisdiction. BBC may exercise this right on a case-by-case basis.  BBC reserves the right to limit the quantities of any products that BBC offers. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. BBC reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.  Any commitments made by BBC, and remedies available to You, with respect to the Product(s) are limited to those which are set forth in these Terms and in BBC’s Return Policy, available at: https://www.bundlecobaby/returns-policy, and incorporated into these Terms by reference (the “Return Policy”). Except as set forth in the Return Policy, all purchases are non-refundable and non-returnable. NOTWITHSTANDING THE FOREGOING, BBC SHALL NOT BE REQUIRED TO HONOR THE RETURN POLICY TO THE EXTENT: (I) ANY PRODUCT DEFECT ARISES BECAUSE YOU FAILED TO FOLLOW BBC'S ORAL OR WRITTEN INSTRUCTIONS AS TO THE STORAGE, INSTALLATION, USE OR MAINTENANCE OF THE PRODUCT; OR (II) YOU ALTER OR REPAIR, OR ATTEMPT TO ALTER OR REPAIR, THE PRODUCT WITHOUT THE PRIOR WRITTEN CONSENT OF BBC; OR (III) THE PRODUCTS ARE PAST THEIR RETURN WINDOW. YOU ASSUME ALL RISK OF USE AND LOSS OF THE PRODUCT(S). BBC MAKES NO WARRANTY WHATSOEVER WITH RESPECT TO THE PRODUCT(S), INCLUDING ANY WARRANTY OF MERCHANTABILITY; WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, WARRANTY OF TITLE, OR WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY, WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE. UNLESS AND TO THE EXTENT OTHERWISE SPECIFICALLY DESCRIBED ON THE PACKAGING OF THE PRODUCT(S), THE PRODUCT(S) HAVE NOT BEEN EVALUATED OR APPROVED BY ANY GOVERNMENTAL OR REGULATORY AGENCY. THE REMEDIES SET FORTH IN THE RETURN POLICY SHALL BE YOUR SOLE AND EXCLUSIVE REMEDIES WITH RESPECT TO THE PRODUCT(S). WE HAVE MADE EVERY EFFORT TO DISPLAY AS ACCURATELY AS POSSIBLE PRODUCTS THAT APPEAR ON THE MARKETPLACE. WE CANNOT GUARANTEE THAT YOUR COMPUTER MONITOR'S DISPLAY OF ANY COLOR WILL BE ACCURATE.  

7.6 Permitted Use; Compliance with Law. You shall not use the Product(s) for the conduct of, or assistance to the conduct of, activities such as harmful actions against people or unlawful behaviors. You shall comply with all applicable laws, regulations, and ordinances. You shall maintain in effect all the licenses, permissions, authorizations, consents, and permits that it needs to carry out its obligations under these Terms. You must ensure that Product(s) are maintained and operated in accordance with all applicable laws and regulations. 

7.7 No Resale.  You may only use the Products for your own use.  You may not resell or redistribute the Products.  BBC only sells its Products to people in the United States, and cannot send any Products outside the United States. BBC cannot support any orders outside the United States.  You should only buy from BBC directly – BBC is not responsible for any Products purchased from third parties, and BBC does not warrant that those Products work or are safe to use.  We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

7.8 Promotions.  From time to time, BBC may offer discounts or promotions (collectively, “Promotions”) on its Website. Promotions are subject to modification or termination at any time. Additional terms and conditions may apply to such Promotions, and some Products may be excluded. Promotions offer no cash value, and are not assignable or transferable.  BBC is not responsible for any inability to use any discount, code, or offer in connection with a Promotion.  Promotions are void where prohibited or restricted by applicable law.

 

SECTION 8: Termination. This Agreement may be terminated by either party at any time, in that party’s sole discretion, upon notice to the other party as permitted under this Agreement. Upon termination of this Agreement for any reason: (1) all rights granted to You under this Agreement will terminate; (2) You will immediately cease all use of and access to the Platform and all Content, including Your Content and any Content You obtained prior to termination; and (3) BBC may, in its sole discretion, delete Your Account or Your Content at any time. Your Content may continue to exist on the Platform after termination of this Agreement unless You actively delete it or contact BBC’s support team and request that it be deleted. Sections 1 (Definitions), 5.2 (Your Content), 7 (Payment), 8 (Termination), 10 (Platform Technology), 11 (Ownership), 12 (Representations and Warranties), 13 (Disclaimers), 14 (Indemnity), 15 (Limitation on Liability), 16 (Data Privacy), 17 (Disputes), 18 (Notices), and 19 (Additional Terms) will survive any expiration or termination of this Agreement.

 

SECTION 9: Suspension. Without limiting BBC’s right to terminate this Agreement, BBC may also suspend Your access to Your Account and the Platform (including Your Content), with or without notice to You, upon any actual, threatened, or suspected breach of this Agreement or applicable law or upon any other conduct deemed by BBC to be inappropriate or detrimental to BBC, the Platform, or any other BBC product, customer, or user.

 

SECTION 10: Platform Technology. The Platform, and the databases, software, hardware, and other technology used by or on behalf of BBC to operate the Platform, and the structure, organization, and underlying data, information, and software code thereof (collectively, the “Technology”), may constitute valuable trade secrets of BBC. You will not, and will not permit any third party to: (1) access or attempt to access the Technology except as expressly provided in this Agreement; (2) use the Technology in any unlawful manner or in any other manner that could damage, disable, overburden, or impair the Technology; (3) use automated scripts to collect information from or otherwise interact with the Technology; (4) alter, modify, reproduce, or create derivative works of the Technology; (5) distribute, sell, resell, lend, loan, lease, license, sublicense, or transfer any of Your rights to access or use the Technology or otherwise make the Technology available to any third party; (6) reverse engineer, disassemble, decompile, or otherwise attempt to derive the method of operation of the Technology; (7) attempt to circumvent or overcome any technological protection measures intended to restrict access to any portion of the Technology; (8) monitor the availability, performance, or functionality of the Technology; or (9) interfere with the operation or hosting of the Technology. BBC uses reasonable means to protect the security of the Platform, but You acknowledge that perfect security on the internet is impossible and that, as a result, Your Content may be exposed in the event of a breach. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Technology, website, or Product(s), without express written permission by BBC. The website may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only.

 

SECTION 11: Ownership. 

11.1) Technology.  BBC retains all rights, title, and interest, including all IPR, in and to the Technology and any additions, improvements, updates, and modifications thereto. You receive no ownership interest in or to the Technology and You are not granted any right or license to use the Technology itself, apart from Your ability to access the Platform under this Agreement. The BBC name, logo, and all product and service names associated with the Platform are trademarks of BBC and its licensors and BBCs and You are granted no right or license to use them. For purposes of this Agreement, “IPR” means all intellectual property rights, proprietary rights, rights of publicity, rights of privacy, and any and all other legal rights protecting data, information, or intangible property throughout the world, including any and all copyrights, trademarks, service marks, trade secrets, patent rights, moral rights, sui generis rights in databases, and contract rights.

11.2) Feedback. If You provide BBC any feedback or suggestions regarding the Platform or Product(s) (“Feedback”), You hereby assign to BBC all rights in the Feedback and agree that BBC shall have the right to use such Feedback and related information in any manner it deems appropriate without a duty of accounting to You.  BBC will treat any Feedback You provide to BBC as non-confidential and non-proprietary.  You agree that You will not submit to BBC any information or ideas that You consider to be confidential or proprietary. 

11.3) License.  BBC may take photos, videos, or images of the Products at any point, including without limitation when the Products are being picked up from a seller’s premises or delivered to a buyer’s premises.  You hereby grant BBC a perpetual, irrevocable, world-wide, royalty-free, full paid up right to modify, perform, display, distribute, and otherwise use such materials in connection with BBC’s business purposes.  

SECTION 12: Representations and Warranties. You represent and warrant to BBC that: (a) You have the legal right and authority to enter into this Agreement; (b) this Agreement forms a binding legal obligation on Your behalf; (c) You have the legal right and authority to perform Your obligations under this Agreement and to grant the rights and licenses described in this Agreement; and (d) Your use of and access to the Platform and Content, including Your Content, will comply with all applicable laws, rules, and regulations and will not cause BBC itself to violate any applicable laws, rules, or regulations.

SECTION 13: Disclaimers. THE PLATFORM AND ALL CONTENT AND PRODUCTS ARE PROVIDED “AS IS” AND “AS AVAILABLE.” BBC AND ITS PROVIDERS DO NOT WARRANT OR GUARANTEE THE ACCURACY, COMPLETENESS, ADEQUACY, OR CURRENCY OF ANY CONTENT OR PRODUCTS. BBC AND ITS PROVIDERS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND WITH REGARD TO THE TECHNOLOGY (INCLUDING THE PLATFORM), CONTENT, PRODUCTS, AND THIS AGREEMENT, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, TITLE, OR NON-INFRINGEMENT. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY BBC, ITS EMPLOYEES, PROVIDERS, OR AGENTS, OR THE PLATFORM, WILL INCREASE THE SCOPE OF, OR CREATE ANY NEW WARRANTIES IN ADDITION TO, THE WARRANTIES EXPRESSLY SET FORTH IN THIS SECTION (IF ANY).

SECTION 14: Indemnity. You hereby agree to indemnify, defend, and hold harmless BBC and its officers, directors, shareholders, affiliates, employees, agents, contractors, assigns, users, customers, BBCs, licensees, and successors in interest (“Indemnified Parties”) from any and all claims, losses, liabilities, damages, fees, expenses, and costs (including attorneys’ fees, court costs, damage awards, and settlement amounts) that result from any claim or allegation against any Indemnified Parties arising in any manner from: (1) Your access to or use of the Platform, including any Content; (2) Your Content or other Content You provide through the Platform; (3) Your breach of any representation, warranty, or other provision of this Agreement; and (4) Your use of the Products. BBC will provide You with notice of any such claim or allegation, and BBC will have the right to participate in the defense of any such claim at its expense.

 

SECTION 15: Limitation on Liability. BBC WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED, UNDER ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE), ARISING IN CONNECTION WITH OR OUT OF THE USE OF OR ACCESS TO THE TECHNOLOGY (INCLUDING THE PLATFORM), PRODUCTS, OR CONTENT, EVEN IF BBC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING ANY LOSS OF YOUR CONTENT, OPPORTUNITY, REVENUES, OR PROFITS, BUSINESS INTERRUPTION, OR PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES. BBC’s TOTAL CUMULATIVE LIABILITY IN CONNECTION WITH THIS AGREEMENT AND BBC’S PROVISION OF THE TECHNOLOGY (INCLUDING THE PLATFORM) AND ALL PRODUCTS AND CONTENT, WHETHER IN CONTRACT OR TORT OR OTHERWISE, WILL NOT EXCEED THE GREATER OF (1) THE TOTAL AMOUNT YOU ACTUALLY PAID TO BBC FOR PURCHASES MADE ON THE PLATFORM IN THE PRECEDING 6 MONTHS, AND (2) $500. YOU AGREE THAT BBC WOULD NOT ENTER INTO THIS AGREEMENT WITHOUT THESE LIMITATIONS ON ITS LIABILITY. IN JURISDICTIONS WHERE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES IS NOT PERMITTED, BBC’S LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

 

SECTION 16: Data Privacy. You expressly consent to the use, collection, and disclosure of Your personally identifiable information and Your Content as described in the Privacy Policy for the Platform, which is located at https://www.bundlebabyco/privacy-policy (“Privacy Policy”). Notwithstanding anything in the Privacy Policy, BBC will have the right to collect, extract, compile, synthesize, and analyze non-personally identifiable data or information resulting from Your access to and use of the Platform and Content. To the extent any such non-personally identifiable data or information is collected or generated by BBC, the data and information will be solely owned by BBC and may be used by BBC for any lawful business purpose without a duty of accounting to You, provided that the data and information is used only in an aggregated form, without directly identifying You or any other entity or natural person as the source thereof.

 

SECTION 17: Disputes. 

17.1) Agreement to Arbitrate. Except as otherwise provided in Section 17.2, the parties will attempt to resolve all disputes, controversies, or claims arising under, out of, or relating to this Agreement, including the formation, validity, binding effect, interpretation, performance, breach, or termination of this Agreement and the arbitrability of the issues submitted to arbitration hereunder and non-contractual claims relating to this Agreement (each, a “Dispute”) through discussion between the parties. Except as otherwise provided in Section 17.2, if any Dispute cannot be resolved through negotiations between the parties within 5 days of notice from one party to the other of the Dispute, either party may submit such Dispute for final settlement through binding arbitration under the Rules of Arbitration of the International Chamber of Commerce (“ICC”) then in effect (the “Rules”). Either party may commence the arbitration by delivering a request for arbitration as specified in the Rules. The arbitration will be conducted before a sole neutral arbitrator, selected as provided in the Rules. The arbitration will be conducted in the English language at a site specified by BBC in Denver, Colorado U.S.A. The arbitrator will apply the law set forth in Section 17.3 to any such arbitration and shall have the power to award any remedy available at law or in equity; provided, however, that the arbitrator shall have no jurisdiction to amend this Agreement or grant any relief not permitted herein or beyond the relief permitted herein. The award of the arbitrator will be the exclusive remedy of the parties for all claims, counterclaims, issues, or accountings presented or plead to the arbitrator. The award of the arbitrator will require the non-prevailing party to pay the prevailing party’s costs, fees, and expenses (including attorneys’ fees). Judgment upon the award may be entered in any court or governmental body having jurisdiction thereof. Any additional costs, fees, or expenses incurred in enforcing the award may be charged against the party that resists its enforcement.

17.2) Exception to Arbitration. You agree that if BBC reasonably believes You have, in any manner, violated or threatened to infringe BBC’s IPR, then BBC may seek emergency, preliminary or other appropriate interim relief in the state or federal courts located in Denver, Colorado.

17.3) Governing Law and Venue. The interpretation of the rights and obligations of the parties under this Agreement, including, to the extent applicable, any negotiations, arbitrations, or other proceedings hereunder, will be governed in all respects exclusively by the laws of the State of Colorado (U.S.A.) as such laws apply to contracts between Colorado residents performed entirely within Colorado, without regard to the conflict of laws provisions thereof. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to this Agreement, and the parties hereby disclaim the application thereof. Subject to Section 17.1, each party will bring any action or proceeding arising from or relating to this Agreement exclusively in a state or federal court in Denver, Colorado (U.S.A.), and You irrevocably submit to the personal jurisdiction and venue of any such court in any such action or proceeding brought in such courts by BBC.

 

SECTION 18: Notices. Unless otherwise specified in this Agreement, any notices required or allowed under this Agreement will be provided to BBC by postal mail to the address for BBC listed on the Platform and BBC’s website. BBC may provide You with any notices required or allowed under this Agreement by sending You an e-mail to any e-mail address You provide to BBC in connection with Your Account, provided that in the case of any notice applicable both to You and other users of the Platform, BBC may instead provide such notice by posting on the Platform. Notices provided to BBC will be deemed given when actually received by BBC. Notice provided to You will be deemed given 24 hours after posting to the Platform or sending via e-mail, unless (as to e-mail) the sending party is notified that the e-mail address is invalid.

 

SECTION 19: Amazon Associate.  We are a participant in the Amazon Services LLC Associates Program, an affiliate advertising program designed to provide a means for us to earn fees by linking to Amazon.com and affiliated sites.

 

SECTION 20: Additional Terms. Except as expressly set forth in this Agreement, this Agreement may be amended or modified only by a writing signed by both parties. All waivers by BBC under this Agreement must be in writing or later acknowledged by BBC in writing. Any waiver or failure by BBC to enforce any provision of this Agreement on one occasion will not be deemed a waiver by BBC of any other provision or of such provision on any other occasion. If any provision of this Agreement is held to be unenforceable, that provision will be removed to the extent necessary to comply with applicable law, replaced by a provision that most closely approximates the original intent and economic effect of the original to the extent consistent with applicable law, and the remaining provisions will remain in full force. You may not assign or transfer either this Agreement or any of Your rights or obligations hereunder (in whole or in part and including by sale, merger, consolidation, or other operation of law) without BBC’s prior written approval. Any assignment in violation of the foregoing will be null and void. BBC may assign this Agreement to any party that assumes BBC’s obligations hereunder. The words “include,” “includes,” and “including” means “include,” “includes,” or “including,” in each case, “without limitation.” The parties hereto are independent contractors, not agents, employees, or employers of the other or joint venturers, and neither party acquires hereunder any right or ability to bind or enter into any obligation on behalf of the other. The Platform may contain links to third-party sites that are not under the control of BBC. BBC is not responsible for any content on any linked site and You access any third-party site from the Platform at Your own risk.