Effective Date: March 20, 2013
By accessing the BareWeb Applications or using the Services you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by its Terms whether or not you become a customer of BareWeb. This Agreement governs the acceptable use of the Services and content accessed through the BareWeb Applications, and your rights, obligations and restrictions regarding your use of the Services.
Electronic Form/Communications. By accessing the BareWeb Applications or Services, you consent to having this Agreement provided to you in electronic form and receiving communications from us electronically. We may communicate with you by postal mail, e-mail or by posting notices on the Site. You agree that all agreements, notices, disclosures, and other communications we provide to you electronically satisfy any legal requirements that such communications be in writing.
USE OF THE BAREWEB APPLICATIONS
Carrier Charges. You are responsible to pay carrier data, messaging, and other fees resulting from accessing any BareWeb Applications. Data and messaging (including SMS text messages) plans may be required to use mobile features of the BareWeb Applications. Standard data and messaging charges, fees, and taxes from your carrier may apply.
Registration. Upon making a purchase on our Site you will be given the option to choose a password and a user/account name. You may not use a user/account name that is vulgar or otherwise offensive (as determined by BareWeb), infringes any trademark or other proprietary rights of others, or is used in any way that violates these Terms. BareWeb reserves the right to deny, in its sole discretion, any user access to the BareWeb Applications or Services without notice for any or no reason.
Security of Username and Password. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify BareWeb immediately of any unauthorized use or theft of your account or any other breach of security (and to provide properly documented evidence as reasonably requested by BareWeb). We will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you will be liable for losses incurred by BareWeb or another party due to someone else using your account or password.
TERM AND TERMINATION
This Agreement will remain in full force and effect while you use the Services. BareWeb can suspend or terminate your access to the BareWeb Applications or Services, in whole or in part, at any time, immediately and without notice. All terms that by their nature may survive termination of this Agreement shall be deemed to survive such termination.
USE OF THE SERVICES
Personal Use. The BareWeb Applications, the content offered in its print and electronic catalogs and other publications ("Content") and the Services offered are intended for your personal, noncommercial use in accordance with these Terms. You agree that you will not, unless specifically permitted by us (i) copy, display or distribute any part of the Content or BareWeb Applications, in any medium, without BareWeb 's prior written consent, or (ii) alter or modify any part of the BareWeb Applications other than as may be reasonably necessary to use the BareWeb Applications for their intended purpose. You further agree that you will not use any automated devices, such as spiders, robots or data mining techniques to catalog, download, store or otherwise reproduce, store or distribute Content or to manipulate the BareWeb Applications or Services. You will take no action to interfere with, interrupt, destroy or limit the functionality of the BareWeb Applications or any computer software or hardware or telecommunications equipment. You may not use the BareWeb Applications or Services in any manner that could damage, disable, overburden, or impair any BareWeb server, or the network(s) connected to any BareWeb server, or interfere with any other party’s use and enjoyment of any BareWeb Applications or Services. You may not attempt to gain unauthorized access to any BareWeb Applications or Services, other accounts, computer systems or networks connected to any BareWeb server or to any of the BareWeb Applications or Services, through hacking, cracking, distribution of counterfeit software, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the BareWeb Applications or Services. You may not reverse engineer, decompile or disassemble any software accessed through BareWeb Applications or Services, including any proprietary communications protocol used by BareWeb. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of the BareWeb Applications so long as the link does not portray BareWeb, or the Services in a false, misleading, derogatory, or otherwise offensive manner or express or imply any endorsement by BareWeb of the site from which you are linking. Further, the site from which you are linking to the BareWeb Applications must not contain any obscene, defamatory, pornographic, offensive or illegal content.
Modification to Services. BareWeb has the right to modify its BareWeb Applications, Services (and merchandise assessable through its Services), Content at any time in its sole discretion. Your only right with respect to any dissatisfaction with any modifications made pursuant to this provision, or any policies or practices of BareWeb in providing its products, services, Content or any Services is to cancel your order or stop using our Services.
MERCHANDISE, PRODUCTS AND/OR SERVICES AVAILABLE ON OR THROUGH THE SERVICE
Binding Offer. Nothing on any BareWeb Application constitutes a binding offer to sell, distribute or give away merchandise, products and/or services. We reserve the right at any time after receipt of your order to accept or decline such order, or any portion thereof, or to not ship to particular addresses, even after your receipt of an order confirmation or after you have been charged. Any prices displayed on the Service are quoted in U.S. dollars and are intended to be valid and effective only in the United States. In the event merchandise, products and/or services, are listed at an incorrect price, we have the right to refuse or cancel orders placed at the incorrect price, regardless of whether the order has been confirmed or you have been charged. If your order is canceled by us after you have been charged, we will issue a credit. We reserve the right at any time to limit the quantities of merchandise, products and/or services, which you, your family or any group seek.
Images of Merchandise. Images available on or through the Service of merchandise or products, may not accurately capture the actual appearance, color, look and feel, specifications, features, or functionality of such merchandise or products.
Accurate Information. For purposes of identification and billing, you agree to provide BareWeb with accurate, complete, and updated information required when registering online ("Registration Information"), or purchasing online or offline, including your name, address, telephone number(s), and applicable payment information (e.g., credit/debit card number, billing address, and expiration date ("Billing Information") and provide BareWeb and its third party payment processor express authorization to charge said fees at the time of purchase. Failure to comply with this provision (including without limitation falsification of any Registration Information or Billing Information) may, at BareWeb, Inc.'s option, result in immediate suspension or termination of your right to use the Services. BareWeb reserves the right to correct any errors or mistakes that it makes even if it has already requested or received payment and to update your information from available third party sources. In the event BareWeb cannot charge the payment method you provide, we reserve the right to terminate your order. All prices are in US Dollars and do not include Internet service provider, telephone, and other connection charges. Any attorney fees, court costs, or other costs incurred in collection of delinquent undisputed amounts will be the responsibility of and paid for by you.
Return Policy. Our return policy can be viewed at http://www.barenecessities.com/customerservice.aspx#returnpolicy.
Unauthorized Use. You agree to promptly update your Billing Information in the event of any known or suspected unauthorized use or suspected breach of security, including loss, theft, or unauthorized disclosure of your password or Billing Information. If your payment method expires, is canceled, is lost or is subject to use without your authorization, you are responsible for updating your Registration and/or Billing Information.
Account Updates. Account updates can be made online via the “My Account” section, once you have logged into the Service.
Payment Method. The terms of your payment will be based may be determined by agreements between you and the financial institution, credit/debit card issuer or other provider of your chosen payment method provider (the "Payment Provider"). If BareWeb does not receive payment from your Payment Provider, BareWeb reserves the right to cancel your order or request payment on demand.
Promotions, Contests and Sweepstakes. You agree not to discuss the mechanics of sweepstakes, contests, or similar promotions available on or through the Service, with the intent of manipulating, corrupting or otherwise affecting the outcome of any such promotions, or post, upload, transmit, send, or otherwise make available on or through the Service any content that may or is intended to enable, authorize, instruct, encourage, assist, suggest, inform, or promote activities that may subvert or not comply with the rules, restrictions, and/or limitations applicable to such promotion.
Security. BareWeb has implemented commercially reasonable technical and organizational measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.
Communication Services. The Services may contain review or chat areas and/or other message, communication or other mechanisms designed to enable you to communicate with others or to post merchandise reviews or other content on the Site (the “Communication Services”). All such communications, information and content, as well as user names, profiles or similar materials you submit, post, upload, embed, display or communicate (collectively, “Distribute”) is referred to as “User Content.” You agree to use the Communication Services only to Distribute User Content that conforms to these Terms, including the Posting Requirements set forth below, and, when applicable, is related to the particular Communication Service.
Removal. BareWeb has no obligation to monitor the User Content. However, BareWeb reserves the right to review materials posted to the Communication Services and to remove any User Content at any time, without notice, for any reason and in its sole discretion. BareWeb specifically disclaims any liability with regard to the User Content and any actions resulting from your participation in any Communication Services. BareWeb representatives may monitor your User Content on the BareWeb Applications but we cannot monitor all of the User Content on the BareWeb Applications and we do not attempt to do so. If you encounter something you find objectionable and in violation of these Terms, you can report it to firstname.lastname@example.org.
Disclaimer of Endorsement. You acknowledge that chats, postings, conferences and other communications by users are not controlled or endorsed by BareWeb, and such communications shall not be considered reviewed, screened or approved by BareWeb. User Content, including statements made in public forums, reflect only the views of their authors. BareWeb specifically disclaims any liability with regard to the User Content and any actions resulting from your participation in any Communication Services.
License and Warranties. By using the Communication Services and submitting User Content to the BareWeb Applications, you grant to BareWeb, and its successors in business and assigns, employees, licensees, agents, representatives and other authorized users of the BareWeb Applications, a perpetual, worldwide, royalty-free, and non-exclusive license to reproduce, distribute, perform, modify, edit, display, adapt, create derivative works from and market and promote the User Content, for any commercial purposes, and in any medium now existing or hereinafter developed, and to use your user name and any personal information you submit with or contained within the User Content, without your prior approval or the payment of any compensation and without notice. You also grant each user of the BareWeb Applications a non-exclusive license to access your User Content as permitted through the functionality of the BareWeb Applications and under these Terms. To the extent permitted by applicable laws, you hereby waive any moral rights you may have in the User Content you submit.
No Confidentiality. You acknowledge and agree that your communications via the Communications Services are public and not private communications, and that you have no expectation of privacy concerning your use of these Communications Services or your User Content. You acknowledge that personal information that you communicate on the Communications Services may be seen and used by BareWeb and others and result in unsolicited communications; therefore, we strongly encourage you not to disclose any personal information about yourself in your public communications on our Services. BareWeb is not responsible for information that you choose to communicate to other users via the Communications Services, or for the actions of other users. All User Content must comply with User Requirements.
Posting Requirements. You agree that you may not access or use the Services and/or related Communication Services, in order to:
- Use such Services in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise).
- Publish, post, upload, transmit, distribute or disseminate content that is illegal, harmful, abusive, threatening, vulgar, sexually explicit, defamatory, obscene, embarrassing, unwanted, hateful or racially, ethnically or, in a reasonable person’s view, otherwise offensive or objectionable or encourage others to do so.
- Use, upload, transmit, distribute or otherwise make available any material or information, which contain any materials that could infringe any copyright, trademark, patent, trade secret, publicity or privacy right or any other proprietary right or disclose any trade secret of or violate any confidential obligation of any person or entity unless you have first received permission from the owner of those rights to use the materials in this manner.
- Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files or data, or any other similar software or programs that may damage the operation of the BareWeb Applications or Services or other users’ computers.
- Except as expressly authorized by BareWeb, advertise or offer to sell or buy any goods or services for any purpose.
- Falsify, delete or disable any copyright management information, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
- Collect in any way personal information about others, including e-mail addresses, password or other account information or use such information to send unsolicited emails.
- Impersonate or create a false identity (such as a celebrity or BareWeb representative) or falsify any information for the purpose of misleading others.
- Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of such Services or other user or usage information or any portion thereof.
- Improperly use support or complaint buttons or make false reports to BareWeb administrators.
- Use, develop or distribute “auto” software programs, “macro” software programs or other “cheat utility” software program or applications.
- Use a bulletin board or other Communications Service in any manner other than for personal communication as an individual user (i.e. not as a corporation or other entity).
- Use the Services for fraudulent transactions.
- Sell, buy, or transfer access to your account.
- Exploit, distribute or publicly communicate any error, miscue or bug which gives an unintended advantage.
CAUTION: ANY ATTEMPT TO DO ANY OF THE FOREGOING PROHIBITED ACTS, OR TO OTHERWISE UNDERMINE THE OPERATION OF THE SERVICE, MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAW. SHOULD SUCH AN ATTEMPT BE MADE, WE RESERVE THE RIGHT, IN ADDITION TO OUR OTHER REMEDIES, TO SEEK DAMAGES (INCLUDING WITHOUT LIMITATION ATTORNEYS' FEES) FROM ANY SUCH INDIVIDUAL OR ENTITY TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING CRIMINAL PROSECUTION.
The Services and all material published on the BareWeb Applications, including, but not limited to text, photographs, video, text, graphics, music, images, animations, audio, text, “applets” incorporated into the software data), sounds, messages, comments, ratings, and other materials on the BareWeb Applications (together “Content”) is owned by BareWeb or its licensors, and is protected by laws governing copyrights patents, trademarks, trade secrets and/or other proprietary rights. BareWeb owns a copyright in the selection, coordination, arrangement and enhancement of such Content and a copyright in the BareWeb Applications. All trademarks, service marks, trade names, and trade dress appearing on the Sites, including without limitation, BareWeb, Inc., BareWeb, L.P., BAREWEB.com, BARE NECESSITIES, BARENECESSITIES.com, "Your Online Intimate Apparel Resource™", "your fit. your style, your necessities™", BarePlus, BarePlus by Bare Necessities, "your size, your fit, your store™", Calling all Curves, the BareWeb, Inc. (“BareWeb Marks”) are proprietary to BareWeb. All other trademarks, product names and company names or logos cited herein are the property of their respective owners (“Third Party Marks. (BareWeb Marks and Third Party Marks, collectively referred to herein as “Marks”). You agree not to copy, reproduce, publish, transmit, distribute, perform, sell, create derivative works of, or in any way exploit, any of the Marks, the Content, BareWeb Applications or the Services, in whole or in part, without BareWeb 's prior written consent. You may download Content for your personal, non-commercial use only as provided in these Terms, or as may be otherwise permitted by BareWeb from time to time, provided that do not alter any such Content and you keep intact all copyright and other proprietary notices and you do not use the Content in any way that would express or imply an association between you and the products and services of BareWeb or any third party. You acknowledge that you do not acquire any ownership rights in any Content downloaded from BareWeb Applications. Copying or storing of Content for other than personal use is expressly prohibited without prior permission from us or the owner of the Content. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of BareWeb without express written consent. You may not use any Meta tags or any other "hidden text" utilizing BareWeb’s name or trademarks without the express written consent of BareWeb. You may not use any BareWeb or BareNecessities logos or other proprietary graphic or Marks as part of the link without express written permission. Any uses not permitted by these Term automatically terminates all permissions or licenses granted by BareWeb in these Terms.
No Other License Granted. Except for allowing you to use the BareWeb Applications and Service for your personal use as set forth in the paragraph above, when you use the BareWeb Applications or Service, you are not receiving a license or any other rights from BareWeb, including intellectual property or other proprietary rights of BareWeb. You understand that you have no rights to the BareWeb Applications or Services or any other BareWeb property except as we indicate in these Terms.
DIGITAL MILLENNIUM COPYRIGHT ACT ("DMCA") NOTICE
BareWeb has registered an agent with the United States Copyright Office in accordance with the terms of the Digital Millennium Copyright Act (the "Act") and avails itself of the protections under the Act. Further we reserve the right to remove any User Content on the BareWeb Applications which allegedly infringes another person's copyright and reserve the right to terminate, discontinue, suspend and/or restrict the account or ability to visit and/or use the Service or remove, edit, or disable any User Content on the BareWeb Applications which allegedly infringes another person's copyright. It is our policy to terminate the access of repeat infringers. We are under no obligation to, and do not, scan content posted for any violations of third party rights, however, we respect the copyright interests of others and it is our policy not to permit materials known by us to infringe another party's copyright to remain on the BareWeb Applications or the Service. If you believe any materials on the BareWeb Applications or the Service infringe a copyright, you should provide us with written notice that at a minimum contains:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
- Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
All DMCA notices should be sent to our designated agent as follows:
Copyright BareWeb, Inc.
90 Northfield Avenue
Edison, NJ 08837
Age Requirements. We are a general purpose Site. You represent and warrant that you are at least eighteen (18) years old and that you possess the legal right and ability to enter into this Agreement and to use the BareWeb Applications and Services in accordance with these Terms. If we have any reason to believe you are not 18 or older we may terminate your access to the BareWeb Application and Services.
Links. You may be able to access other websites or resources through links on the Site. Because BareWeb has no control over such sites and resources, you acknowledge and agree BareWeb is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials or available from such sites or resources nor does BareWeb endorse any such sites or the products or services assessable on such sites. You further acknowledge and agree that BareWeb shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
Disclaimer of Warranties. YOU UNDERSTAND THAT YOUR USE OF THE BAREWEB APPLICATIONS AND SERVICES (INCLUDING ANY DOWNLOADS OR ANY LOSS OF DATA OR OTHER DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE YOU EXPERIENCE FROM USING BAREWEB APPLICATIONS AND SERVICES) IS AT YOUR SOLE RISK. YOU UNDERSTAND THAT THE BAREWEB APPLICATIONS AND SERVICES ARE PROVIDED ON AN "AS IS" "WHERE-IS" AND "WHERE AVAILABLE" BASIS, AND ARE SUBJECT TO CHANGE AT ANY TIME WITHOUT NOTICE TO YOU. YOU ACKNOWLEDGE THAT BAREWEB MAKES NO WARRANTY THAT THE BAREWEB APPLICATIONS OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. YOU UNDERSTAND THAT BAREWEB DOES NOT WARRANT THAT THE RESULTS OBTAINED FROM YOUR USE OF THE BAREWEB APPLICATIONS OR SERVICES WILL MEET YOUR EXPECTATIONS. NO WARRANTY OF ANY KIND, WHETHER ORAL OR WRITTEN, CAN MODIFY THE TERMS OF THE DISCLAIMER SET FORTH IN THIS DOCUMENT. IF YOU ARE DISSATISFIED WITH ANY OF THE MATERIALS CONTAINED IN THE BAREWEB APPLICATIONS OR SERVICES, OR WITH MERCHANDISE PURCHASED THROUGH THE SERVICE, OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE BAREWEB APPLICATIONS AND SERVICES AND/OR RETURN THE MERCHANDISE SUBJECT TO THE RETURN POLICY SET FORTH ON OUR SITE. TO THE FULLEST EXTENT PERMITTED BY LAW, BAREWEB DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS OF ANY KIND (EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS) AS TO THE BAREWEB APPLICATIONS AND SERVICES.
ALL CONTENT, PRODUCTS AND THIRD PARTY SERVICES ON THE BAREWEB APPLICATIONS, OR OBTAINED FROM A WEBSITE TO WHICH THE BAREWEB APPLICATIONS ARE LINKED ARE PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY OR ACCURACY. BAREWEB DOES NOT ENDORSE AND IS NOT RESPONSIBLE FOR THE MERCHANTABLITY OF ANY PRODUCT OR SERVICE ACCESSED FROM THE BAREWEB APPLICATIONS OR A LINKED SITE. OTHER THAN AS REQUIRED BY LAW, UNDER NO CIRCUMSTANCE WILL BAREWEB BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THE BAREWEB APPLICATIONS OR A LINKED SITE, OR YOUR RELIANCE ON ANY PRODUCT OR SERVICE OBTAINED FROM THE BAREWEB APPLICATIONS OR A LINKED SITE.
IF YOU PURCHASE MERCHANDISE ON OR THROUGH THE SERVICE, NOTE THAT WE DO NOT ASSUME RESPONSIBILITY FOR, THE QUALITY, QUANTITY, SIZE, CHARACTER, FITNESS FOR A PARTICULAR PURPOSE, SPECIFICATIONS, FEATURES, FUNCTIONALITY, SAFETY, OR LEGALITY OF SUCH MERCHANDISE, THE TRUTH OR ACCURACY OF THE DESCRIPTIONS, OR THE ABILITY OF THE SELLERS TO SELL, SHIP, OR OTHERWISE PROVIDE SUCH MERCHANDISE AND YOUR SOLE RECOURSE IS TO RECEIVE A REFUND FOR ANY ORDER SUBJECT TO OUR RETURN POLICY SET FORTH ON OUR SITE.
Liability Limitation. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL BAREWEB OR ITS AFFILIATES BE LIABLE TO YOU (OR ANY THIRD PARTY MAKING CLAIMS THROUGH YOU) FOR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOSS OF USE, PROFITS, DATA, OR OTHER INTANGIBLES, OR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, UNAUTHORIZED ACCESS TO AND TAMPERING WITH YOUR PERSONAL INFORMATION OR TRANSMISSIONS, ARISING OUT OF OR RELATED TO THE USE, INABILITY TO USE, UNAUTHORIZED USE, PERFORMANCE, OR NON-PERFORMANCE OF THE BAREWEB APPLICATIONS OR THE SERVICES, EVEN IF BAREWEB HAS BEEN ADVISED PREVIOUSLY OF THE POSSIBILITY OF SUCH DAMAGES AND WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE. UNLESS LIMITED OR MODIFIED BY APPLICABLE LAW, THE FOREGOING DISCLAIMERS, WAIVERS AND LIMITATIONS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE. MOREOVER, UNDER NO CIRCUMSTANCES WILL WE, OUR LICENSORS OR LICENSEES, BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM AN ACT OF FORCE MAJEURE OR CAUSES BEYOND OUR OR THEIR REASONABLE CONTROL. WE MAY CHANGE OR DELETE MERCHANDISE AVAILABLE, CONTENT OR FEATURES OF OUR SERVICES IN ANY WAY, AT ANY TIME AND FOR ANY REASON OR NO REASON. IF ANY PART OF THESE WARRANTY DISCLAIMERS OR LIMITATIONS OF LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN BAREWEB’S AGGREGATE LIABILITY FOR ALL CLAIMS UNDER SUCH CIRCUMSTANCES FOR LIABILITIES SHALL NOT EXCEED $25. THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION AND ELSEWHERE IN THESE TERMS APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Indemnity/Release. You understand that you are personally responsible for your behavior while on the BareWeb Applications or using the Services and agree to indemnify and hold BareWeb, and its affiliates, business partners, distributors, agents, representatives and other authorized users, and their respective officers, directors, employees, and agents (collectively, the “Indemnified Parties”), harmless from and against any loss, damage, liability, cost, or expense of any kind (including attorneys' fees) that the Indemnified Parties may incur in connection with any claim arising out of or related to your use of the BareWeb Applications or Services or your violation of either these Terms, applicable law or the rights of any third party.
If you are a California resident and in connection with the foregoing release, you hereby waive California Civil Code Section 1542 (and any similar provision in any other jurisdiction) which states: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor."
Access to Services. BareWeb reserves the right to perform regular or planned or unplanned maintenance to our Services due to technology improvements or bugs, and you may or may not be notified of these changes before they occur. BareWeb also reserves the right to change, modify, discontinue, suspend or abandon the BareWeb Applications or any of the Services at any time for any reason with or without notice to you and that we will not be liable to you or any third party as a result of such termination, modification, discontinuance or abandonment.
Availability and Use Outside of the United States. The BareWeb Applications and Services are controlled from facilities in the United States. BareWeb makes no representations that the BareWeb Applications or Services are appropriate or available for use in other locations. Those who access or use the BareWeb Applications and/or Services from other jurisdictions do so at their own volition and are responsible for compliance with local law.
No Third Party Beneficiaries. You agree that, except as otherwise expressly provided in this Agreement, there shall be no third party beneficiaries to this Agreement.
Governing Law. These Terms shall be governed by and construed in accordance with the laws of the State of New Jersey without application of conflict of laws rules.
Resolution of any Dispute. In the event a dispute arises between you and BareWeb, we want to provide you with an efficient, neutral and cost-effective means of resolving the dispute. Most customer concerns can be resolved quickly and to the customer’s satisfaction by calling our customer care department at (877) 728-9272, or e-mail us by using our contact form located at our Contact Us page. We also participate in the Better Business Bureau's BBBOnLine Program. This means that we have committed to cooperating with BBB efforts to resolve disputes that may arise under this contract. Upon your request, we will agree to participate in a BBB dispute resolution process to resolve these disputes. There are limits as to the kinds of claims that the BBB will handle. Go to http://www.bbb.org/us/Dispute-Resolution-Services/ for more information. If, however, there is an issue that needs to be resolved, these Terms describe how both of us will proceed:
Limitation of Legal Remedies. INSTEAD OF SUING IN COURT, YOU AND COMPANY EACH AGREE TO ARBITRATE DISPUTES ON A BILATERAL (INDIVIDUAL) BASIS. You and BareWeb agree that any dispute, controversy or claim arising out of arising out of or relating to any aspect of our relationship; the Content accessible from BareWeb Applications; claims that may arise after the termination of your Membership; and claims related to marketing efforts, including complaints concerning unsolicited text messages, emails, and telemarketing calls. ("Claim(s)") which cannot be settled through the customer service department refunding your payments in full, shall be resolved by one arbitrator through binding arbitration. This agreement to arbitrate is intended to be broadly interpreted. It includes Claims based in contract, tort, statute, fraud, misrepresentation or any other legal theory. The arbitrator’s decision and award is final and binding, with some exceptions under the Federal Arbitration Act, 9 U.S.C. 1, et seq., and judgment on the award may be entered in any court with jurisdiction.
Class Action Waiver. We each agree that each of us are waiving the right to a trial by jury and may bring claims against the other only in an individual capacity and not in a class action or representative proceeding. All arbitrations under these Terms shall be conducted on an individual (and not a class-wide) basis, and an arbitrator shall have no authority to award class-wide relief. You acknowledge and agree that these Terms specifically prohibit you from commencing any legal proceedings as a representative of others or joining in any arbitration proceedings brought by any other person ("class action waiver").
Arbitration Procedures. A party who intends to seek arbitration must first send to the other a written Notice of Dispute describing the nature and basis of the Claim and setting forth the specific relief sought. All Notices to BareWeb shall be sent to the following address: BareWeb Inc., 90 Northfield Avenue, Edison, NJ 08837, attention: Jon Grossman. All notices to you will be sent to the address provided in your account. Upon receipt of such Notice, the other party shall have a sixty (60) day period in which it may satisfy the Claim against it by fully curing the Claim and/or providing all the relief requested in the Notice, and/or entering into a settlement to resolve the Claim to the mutual satisfaction of the parties. After the expiration of such sixty-day cure period, you or BareWeb may commence an arbitration proceeding. The arbitration of any Claim under this Agreement shall be referred to the American Arbitration Association’s ("AAA") under its rules and procedures, including the AAA's Commercial Dispute Resolution Procedures and Supplementary Procedures for Consumer-Related Disputes. These rules and procedures are available by calling the AAA or by visiting its web site at www.adr.org. The arbitration of any Claim shall be conducted in the State of New Jersey, and for any non-frivolous claim that does not exceed $10,000 BareWeb will: (1) pay all costs of the arbitration; (2) if you prefer will conduct the arbitration by telephone, and (3) will not seek attorney’s fees in the event BareWeb prevails. Each party shall pay the fees and costs of its own counsel, experts and witnesses.
Choice of Law. This Agreement concerns a transaction in interstate commerce, and therefore shall be governed by the United States Federal Arbitration Act, 9 U.S.C. Â§ 1 et seq. The FAA’s provisions, not state law, govern all questions of whether a dispute is subject to arbitration.
Exception. Any claim or action for indemnification, contribution, interpleader or injunctive relief arising out of a Claim shall not be subject to arbitration.
Survival. This arbitration provision shall survive termination of this agreement and the closing of your account.
Severability. If any provision of these Terms is declared or found to be unlawful, unenforceable or void, such provision will be ineffective only to the extent that it is found unlawful, unenforceable or void, and the remainder of the provision and all other provisions shall remain fully enforceable except that if for some reason this prohibition on class action waiver cannot be enforced, then this agreement to arbitrate will not apply.
Miscellaneous. These Terms and policies incorporated herein ("Policies"), are the entire agreement between you and BareWeb. They supersede any and all prior or contemporaneous agreements between you and BareWeb relating to your use of the BareWeb Applications or the Services. BareWeb may assign these Terms in whole or in part, at any time. If any part of these Terms is determined to be invalid or unenforceable, it will not impact any other provision of these Terms, all of which will remain in full force and effect. Headings in these Terms are for convenience of reference only and shall not affect the interpretation or construction of these Terms. The failure of BareWeb to partially or fully exercise any rights or the waiver of BareWeb of any breach of these Terms by you, shall not prevent a subsequent exercise of such right by BareWeb or be deemed a waiver by BareWeb of any subsequent breach by you of the same or any other term of these Terms. The rights and remedies of BareWeb under these Terms, its Policies and any other applicable agreement between you and BareWeb shall be cumulative, and the exercise of any such right or remedy shall not limit BareWeb 's right to exercise any other right or remedy.
Contact Us. Please contact us with any questions by clicking on the "Contact Us" link in the footer on our website. Or you can email us at: email@example.com.
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