Our Terms have been updated.
Effective Date: December 4, 2015
You Accept These Terms
Each time you access our Services and/or purchase our products, you agree to these Terms and any additional terms that may appear in connection the products and Services you utilize. More Info
Services are Provided “As Is”
We provide the services "As Is" and “As Available.” We make no representations for quality, effectiveness and availability of the Products and Services. More Info
Limitation of Liability
BareWeb’s liability to you is limited. More Info
You Agree to Our Billing Terms
You agree to pay all fees and other charges at the prices then in effect for the products and Services you select including any applicable taxes, and you authorize us to charge your payment provider accordingly. More Info
Arbitration of All Disputes; No Class Actions
Any disputes under these Terms will be resolved on an individual basis through binding arbitration; you waive participation in class actions. More Info
Questions about our Terms may be sent to email@example.com.
Effective Date: December 4, 2015
I.ACCEPTANCE OF TERMS
Updates to Terms. The Terms may change at any time. BareWeb will post the most current version on or via a link on the applicable Service with a new Effective Date. Changes are effective from the Effective Date. Your continued access or use of the Services after we post changes to the Terms signifies your agreement to those changes.
Contact and Electronic Communications. By accessing or using the Services, you consent to having these Terms provided to you in electronic form and that all agreements, notices, disclosures, and other communications we provide to you electronically satisfy any legal requirements that such communications be in writing. You acknowledge and agree that when you provide us with contact information in connection with a particular activity, such as an email address or telephone number (“Contact Information”), that this establishes a business relationship with us and that we may communicate with you using the Contact Information you have provided. This means we may contact you in person or by recorded message, by e-mail, telephone and/or mobile telephone number (including use of automated dialing equipment), text (SMS) message, or any other means of communication that your wireless or other telecommunications device may be capable of receiving through the Contact Information you have provided to us. You acknowledge the legal authority over any Contact Information.
Age. To register for an account or use the Services, you must be the age of majority in the state where you live in the U.S., or in your country of residence. You represent and warrant that you possess the legal right and ability to enter into this Agreement and to use the BareWeb Services in accordance with these Terms. If we have any reason to believe you do not meet our age requirements, we may terminate your access to the Services.
III.ORDERS AND MERCHANDISE.
Orders. We reserve the right at any time to accept or decline any order or partial order, or not to ship to particular addresses, even after you have received an order confirmation. We reserve the right at any time to limit the quantities of merchandise, products and/or services ordered.
Merchandise. All features, specifications, products and prices of the merchandise described on the Service are subject to change at any time without notice. There may be information on the Service that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, colors, pricing, and availability. We make no representation as to the completeness, accuracy, or currency of any information on the Service. We reserve the right to correct or make changes in such information without notice and cancel orders placed for merchandise listed incorrectly or at the wrong price. If we have cancelled your order after charging it your account, we will issue a credit for the amount charged.
Return Policy. Click here to view our return policy.
IV. USER CONTENT AND CODE OF CONDUCT
Communication Services. The Services may contain review or chat areas and/or other message, communication or other mechanisms on the Services (including BareWeb’s social media channels) to enable you to communicate with others or to post merchandise reviews or other content (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 is considered “User Content.” You agree to use the Communication Services only to disseminate User Content that conforms to these Terms, including the Code of Conduct set forth below.
Disclaimer of User Content. BareWeb may choose, but has no obligation, to pre-screen or monitor the Services for inappropriate User Content or conduct at any time, and it may delete any User Content that violates these Terms, as determined by BareWeb in its sole discretion. However, if BareWeb chooses to pre-screen or monitor User Content, BareWeb assumes no responsibility for such User Content, no obligation to modify or remove any inappropriate User Content, and no responsibility for the conduct of the User submitting any such User Content.
License and Warranties. You grant to BareWeb, its successors in business, assigns, employees, licensees, agents, representatives and other authorized users of the Services, 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 lawful purpose, 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 Services a non-exclusive license to access your User Content as permitted through the functionality of the BareWeb Services 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 User Content disseminated via the Communications Services are public 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 result in unsolicited communications. 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.
Code of Conduct: Your use of the Services and the User Content that you provide while using the Services must comply with our Code of Conduct. You agree not to:
- use the Services, User Content or any personal information of any User for purposes other than in connection with utilizing the Services;
- collect, use, share or transfer any information available on the Services except as expressly permitted by these Terms, or by the owner of such information;
- use the Service in connection with any commercial endeavors except those that are specifically endorsed or approved by us;
- use the Services or any information obtained through the Services to stalk, abuse or attempt to abuse, or otherwise harass another individual;
- act dishonestly or unprofessionally, such as by posting inappropriate, inaccurate or objectionable content;
- take any action or upload, post, email or otherwise transmit any content that would violate any right or duty under any applicable law or under contractual or fiduciary relationships;
- upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, or promotional materials, including without limitation, promotional materials that are in the nature of “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation of similar nature;
- use manual or automated software, devices, scripts robots, or other means or processes to access, “scrape,” “crawl” or “spider” any content or other services contained in or through the Services;
- utilize information, content or any data you view on and/or obtain from the Services to provide any service that is competitive with the Services including the use of BareWeb trademarks or copyrighted material or confusingly similar marks;
- engage in any illegal activity;
- post, disseminate or transmit statements or material that, to a reasonable person, may be abusive, obscene, pornographic, defamatory, harassing, grossly offensive, vulgar, threatening or malicious;
- disclose information that that you do not have the right to disclose, such as confidential information;
- misrepresent your identity, your affiliation with a person or entity, or the source of any communication;
- create, disseminate or transmit files, graphics, software or other material that actually or potentially infringes the copyright, trademark, patent, trade secret, publicity or other intellectual property or property rights of any person;
- export, re-export or permit the downloading of any message, software or content in violation of any export or import law, regulation or restriction of the United States and its agencies or authorities;
- interfere, disrupt or attempt to gain unauthorized access to other accounts on the Services or any other computer network;
- disseminate or transmit viruses, worms, Trojan horses, RATs, keyboard loggers, time bombs, spyware, adware, cancelbots or any other malicious or invasive code or program;
- 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 of the Services;
- gain unauthorized access to any Services, accounts, computer systems or networks connected to any BareWeb server or to any of the Services through hacking, cracking, distribution of counterfeit software, password mining or any other means;
- reverse engineer, decompile or disassemble any software accessed through the Services;
- manipulate, corrupt or otherwise affect the content or outcome of any offer, promotion, contest or sweepstakes;
- engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of the Services;
- access the Services except through the interfaces expressly provided by BareWeb;
- override any security feature of the Services;
- engage in any other activity deemed by BareWeb in its sole discretion to be in conflict with the spirit or intent of Services.
- 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;
- use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of the 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; or
- sell, buy, or transfer access to your account.
Appropriate legal action may be taken for any violation of this Code of Conduct or other illegal or unauthorized use of the Services.
V. USE OF THE SERVICE
Account Security and Unauthorized Use. You are responsible for all activities conducted through your account. During the registration process, you will be asked to choose a password. You are entirely responsible for maintaining the security of your password. You must try to choose a strong and secure password and keep your password confidential. Securing your user name and password is especially important if you ask us to save your credit or debit card for future purchases.
You may not use any other user’s account or password at any time, let an unauthorized third party access or use your account, or disclose your password information to any unauthorized third party. You agree to notify us immediately if you suspect any unauthorized use of your account. You will be liable for our losses or the losses of others resulting from such unauthorized use until you terminate your account or prove that your account security was compromised due to no fault of your own.
You agree to promptly update your Billing and Registration 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. To update your account, please visit "My Account" section of the Website or contact us at firstname.lastname@example.org
Billing Information. You provide BareWeb and its third party payment processor express authorization to charge the amounts indicated on your order. Failure to provide accurate billing information or falsifying billing information may result in termination of your order or termination of your right to use the Services. BareWeb reserves the right to update your information from available third party sources. The terms of your Payment Method may be determined by agreements between you and the financial institution, debit/credit card issuer or other provider of your chosen Payment Method (the "Payment Provider"). If BareWeb does not receive payment from your Payment Provider, you agree to pay all amounts due on your account upon demand. In the event we have to collect unpaid charges owed, you will be liable for any collection costs and fees (including reasonable attorneys’ fees). All prices are in US Dollars, unless otherwise indicated, and do not include Internet service provider, telephone, or other connection charges, if any, that are billed by third parties. Depending upon your credit card's currency and the issuing country, your credit card provider may impose foreign exchange and other fees in accordance with your arrangements with that credit card provider. We reserves the right to cancel your order or request payment on demand if we do not receive payment from your Payment Provider.
Interruption of Services. BareWeb may at any time for any no reason interrupt availability of some or all aspects of the Services, or modify, replace, refuse access to, or discontinue any Services, in our sole discretion. Any changes to the Services, prices or fees are effective when posted on the Services or when communicated to you directly. BareWeb is not liable for any interruption of Services, or delay or failure to perform.
Content in Your Account. We may remove and or discard any content available as part of your account, for any reason. BareWeb has no obligation to store, maintain or provide you with a copy of any content that you or other Users provide when using the Services.
Communications with Users. You are solely responsible for your interactions with other Users.
View Content at Your Risk. You understand that when using the Services, BareWeb is not responsible for the accuracy, usefulness, safety, or intellectual property rights of Content provided by others. You further understand and acknowledge that this Content may be inaccurate, offensive, indecent, objectionable, or that contains errors or omissions.
Termination. BareWeb may restrict, suspend or terminate the account of any User who violates these Terms or otherwise abuses or misuses the Services without warning. Such restriction, suspension, or termination, will be effective immediately or as specified in any notice. If a User whose account has been restricted, suspended or terminated attempts to re-registered with BareWeb (including under a new name) that User may be permanently barred from the Services without recourse.
VI. INTELLECTUAL PROPERTY RIGHTS
Access to Content on the Services. You acknowledge that: (i) by using the Services you may have access to pictures, digital images, graphics, music, video, audio, text, computer code and other creative output (collectively, “Content”); and (ii) this Content includes Content owned or licensed by BareWeb (“BareWeb Content”) or User Content. You acknowledge that BareWeb, BareWeb licensors, and Users have rights in their respective Content under copyright and other applicable laws and treaty provisions. You accept full responsibility and liability for your use of any Content in violation of any such rights.
Our Ownership Rights. All right, title and interest in and to the Services and BareWeb Content is the exclusive property of BareWeb and its licensors. We hereby grant you a limited, revocable, non-sublicenseable license to reproduce and display the BareWeb Content (excluding any software code) solely for your personal use and only to the extent necessary to access or use the Services. BareWeb reserves all rights not expressly granted in and to the BareWeb Content and the Services. The BareWeb Content includes but is not limited to all trademarks, service marks, trade names, and trade dress appearing on the Services, 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”). BareWeb Marks are proprietary to BareWeb and may not be used in any manner including as part of a link without express written permission from us.
Any uses not permitted by these Term automatically terminates your access and use of the Services.
Software Use Restrictions. You acknowledge that any software and related documentation that may be available to download from the Services (the "Software") is a copyrighted work owned or licensed by BareWeb and that you do not acquire any ownership rights by downloading the Software. You agree that your use of the Software is governed by these Terms and is governed by the terms of the license agreement, if any, that accompanies or is included with the Software (the "License Agreement"). Except as set forth in the applicable License Agreement, any further copying, reproduction or redistribution of the Software is expressly prohibited. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EXCEPT AS SET FORTH IN THE LICENSE AGREEMENT, THE SOFTWARE IS PROVIDED TO YOU ON AN "AS-IS" AND "WHERE-IS" BASIS, AND ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE DISCLAIMED.
Feedback. All comments, feedback or materials submitted by you to us, including feedback, testimonials, images, reviews, questions, comments, suggestions or ideas are considered your User Content (collectively, “Feedback”), and is treated by us on a non-confidential and unrestricted basis.
Digital Millennium Copyright Act (United States Only). BareWeb has registered an agent with the United States Copyright Office in accordance with the terms of the Digital Millennium Copyright Act, 17 U.S.C. Sec. 512, (the "DMCA") and avails itself of the protections under the DMCA. Further, we reserve the right to remove any User Content on the Services which allegedly infringes another person's copyright and/or terminate, discontinue, suspend and/or restrict the account or ability to visit and/or use the Services or remove, edit, or disable any User Content on the Services which allegedly infringes another person's copyright. It is our policy to terminate the access of repeat infringers. 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 Services.
Filing a Complaint. If you believe any material on the Services infringes a copyright, you should provide us with a written request to takedown the allegedly infringing material in the form of a written letter, sent by fax or regular mail only, (“DMCA Takedown Notice”) that at a minimum includes:
- 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;
- Your name, address, telephone number and email address (if available);
- 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;
- 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; and
- The signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Notwithstanding the foregoing, we reserve the right to ignore a DMCA Takedown Notice that does not comply with the DMCA.
Filing a Counter-Notice. If your material has been removed or blocked by us because of a DMCA Takedown Notice, you may send us a request asking for the allegedly infringing material to be restored in the form of a written letter, sent by fax or regular mail only, (“DMCA Counter-Notice”) that at a minimum includes:
- Identification of the copyrighted work (or works) that was removed by BareWeb and the location at which the works appeared before they were removed. The information must be reasonably sufficient to permit us to identify the copyrighted work;
- Your name, address, telephone number and email address (if available);
- A statement that you consent to the jurisdiction of the U.S. Federal District Court for the judicial district in which your address is located, or New York if your address is outside of the United States;
- A statement that you will accept service of process from the person (or an agent of such person) who provided the DMCA Takedown Notice to us;
- A statement that you have a good faith belief that the allegedly infringing material identified above as the copyrighted work was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
- A signature of a person authorized to act on behalf of the owner of the copyrighted work that was taken down;
When we receive the DMCA Counter-Notice, we will send a copy of the DMCA Counter-Notice to the party who originally sent us the DMCA Takedown Notice requesting the removal of the allegedly infringing material and we will reinstate the allegedly infringing material, unless that party obtains a court order supporting removal of the allegedly infringing material. Notwithstanding the foregoing, we reserve the right to ignore a DMCA Counter-Notice that does not comply with the DMCA.
Both the DMCA Takedown Notice and the DMCA Counter-Notice must be sent to our designated DMCA designated agent by fax to 732-902-5001 or by mail addressed as follows:
Copyright BareWeb, Inc.
90 Northfield Avenue
Edison, NJ 08837
VII. DISCLAIMERS OF WARRANTY AND LIABILITY
Disclaimer of Warranties. YOUR USE OF THE BAREWEB SERVICES IS AT YOUR SOLE RISK. YOU UNDERSTAND THAT THE BAREWEB SERVICES AND CONTENT ARE PROVIDED ON AN "AS IS" "WHERE-IS" AND "WHERE AVAILABLE" BASIS. YOU ACKNOWLEDGE THAT BAREWEB MAKES NO WARRANTY THAT THE BAREWEB 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 SERVICES WILL MEET YOUR EXPECTATIONS. 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). NO WARRANTY OF ANY KIND, WHETHER ORAL OR WRITTEN, CAN MODIFY THE TERMS OF THE DISCLAIMERS SET FORTH IN THIS DOCUMENT.
BAREWEB DOES NOT ENDORSE NOR DO WE ASSUME RESPONSIBILITY FOR, THE QUALITY, QUANTITY, SIZE, CHARACTER, FITNESS FOR A PARTICULAR PURPOSE, SPECIFICATIONS, FEATURES, FUNCTIONALITY, SAFETY, OR LEGALITY OF MERCHANDISE ON OUR SERVICES, THE TRUTH OR ACCURACY OF THE DESCRIPTIONS, OR THE ABILITY OF THE SELLERS TO SELL, SHIP, OR OTHERWISE PROVIDE SUCH MERCHANDISE. WE MAY CHANGE OR DELETE MERCHANDISE AVAILABLE, CONTENT OR FEATURES OF OUR SERVICES. YOUR SOLE RECOURSE IS DESCRIBED IN OUR RETURN POLICY.
Liability Limitation. IN NO EVENT WILL BAREWEB BE LIABLE TO 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 SERVICES, EVEN IF BAREWEB HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE.
WE, OUR LICENSORS OR LICENSEES, ARE NOT REPOSNIBLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM AN ACT OF FORCE MAJEURE OR CAUSES BEYOND OUR REASONABLE CONTROL.
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 WILL NOT EXCEED $25.
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.
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."
Indemnity/Release. You 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 Services or your violation of either these Terms, applicable law or the rights of any third party.
VIII. DISPUTE RESOLUTION.
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 continues to need 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 account and claims related to marketing efforts, including complaints concerning unsolicited text messages, emails, and telemarketing calls (collectively "Claim(s)") that cannot be settled through the customer service department will 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. Any Claim must be brought in the parties’ individual capacity, and not as a plaintiff or class member in any purported class, collective, representative, multiple plaintiff, or similar proceeding (“Class Action”). The parties expressly waive any ability to maintain any Class Action in any forum. The arbitrator shall not have authority to combine or aggregate similar claims or conduct any Class Action nor make an award to any person or entity not a party to the arbitration. Any claim that all or part of this Class Action waiver is unenforceable, unconscionable, void, or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator. YOU UNDERSTAND THAT YOU WOULD HAVE HAD A RIGHT TO LITIGATE THROUGH A COURT, TO HAVE A JUDGE OR JURY DECIDE YOUR CASE AND TO BE PARTY TO A CLASS OR REPRESENTATIVE ACTION. HOWEVER, BY AGREEING TO THESE TERMS AND USING THE SERVICES YOU UNDERSTAND AND CHOOSE TO HAVE ANY CLAIMS DECIDED INDIVIDUALLY, THROUGH ARBITRATION. IF FOR SOME REASON, THE PROHIBITION ON CLASS ARBITRATIONS SET FORTH ABOVE CANNOT BE ENFORCED, THEN THE AGREEMENT TO ARBITRATE WILL NOT APPLY. If for any reason a claim proceeds in court rather than through arbitration, you and BareWeb agree that there will not be a jury trial. You and BareWeb unconditionally waive any right to trial by jury in any action, proceeding or counterclaim arising out of or relating to these Terms in any way. In the event of litigation, this paragraph may be filed to show a written consent to a trial by the court.
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 will 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 will 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. Unless otherwise agreed to by you and BareWeb in writing, the arbitration will be governed and conducted by JAMS before a single arbitrator from JAMS. The arbitration of any Claim will 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 will pay the fees and costs of its own counsel, experts and witnesses. The JAMS rules, including the selection of an arbitrator, filing, administration, discovery and arbitrator fees will be conducted under the JAMS Comprehensive Arbitration Rules & Procedures, except as modified by these Terms or otherwise agreed to by you and BareWeb in writing. The JAMS rules are available on its website at www.jamsadr.com. To the extent that this Dispute Resolution section conflicts with JAMS’s minimum standards for procedural fairness, the JAMS’ rules and/or minimum standards for arbitration procedures in that regard shall control.Neither party shall sue the other party other than as provided herein or for enforcement of this clause or for the arbitrator’s award; and any such suit may be brought only in Federal District Court or, if any such court lacks jurisdiction, in any state court that has jurisdiction. The arbitrator, and not any federal, state, or local court, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, unconscionability, arbitrability, or enforceability of these Terms including any claim that all or any part of these Terms are void or voidable. However, the preceding sentence shall not apply to the clause entitled “Class Action Waiver.
Choice of Law. This Agreement concerns a transaction in interstate commerce, and therefore will 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 will not be subject to arbitration.
Statute of Limitations. You agree that regardless of any statute or law to the contrary, any dispute or Claim must be filed within one (1) year after such claim or cause of action arose.
IX. GENERAL PROVISIONS
Export Control. The Services are controlled and operated by BareWeb from its offices within the United States. BareWeb makes no representation that any Content, Software or other products in the Services are appropriate or available for use in other locations, and access to such materials or use of the Services from territories where their contents are illegal is prohibited. Those who choose to access the Services from other locations do so on their own initiative and are responsible for compliance with applicable local laws. If you use the Services from other locations, you are responsible for compliance with applicable local laws including, but not limited to, the export and import regulations of other countries. Your use of the Services, including our Software, is subject to export and re-export control laws and regulations, including the Export Administration Regulations (“EAR”) maintained by the United States Department of Commerce and sanctions programs maintained by the Treasury Department's Office of Foreign Assets Control. You will not, directly or indirectly, sell, export, re-export, transfer, divert, or otherwise dispose of any Software or Service to any end-user without obtaining the required authorizations from the appropriate government authorities. You also warrant that you are not prohibited from receiving United States origin products, including Services or Software.
Access to Services. BareWeb reserves the right to perform 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 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 because of such termination, modification, discontinuance or abandonment.
Survival. This arbitration provision (and any other provision of these Terms which is reasonably understood to survive, will survive termination of this agreement and the closing of your account.
No Third Party Beneficiaries. You agree that, except as otherwise expressly provided in this Agreement, there will be no third party beneficiaries to this Agreement.
Severability. If any provision of these Terms is declared or found to be unlawful, unenforceable or void (including class action waiver and arbitration), 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 will remain fully enforceable. Headings in these Terms are used for convenience only and will not affect the interpretation or construction of these Terms.
Assignment. BareWeb may assign these Terms completely or in part, at any time.
Contact Us. Please contact us with any questions by clicking on the "Contact Us" link in the footer on our website. Alternatively, you can email us at email@example.com.
Notices. Except for notices for Claims, BareWeb may give notice to you by means of a general notice on the Services, at or after log-in to your account, by electronic mail to your e-mail address in our records for your account, or by written communication sent by first class mail, postage prepaid, or overnight courier to your address on record for your account.
Waiver. The failure of BareWeb to partially or fully exercise any rights of these Terms, or the waiver of BareWeb of any breach of these Terms by you, will not prevent a subsequent exercise of such rights by BareWeb or be deemed a waiver by BareWeb of any subsequent breach by you of the same or any other condition of these Terms. The rights and remedies of BareWeb under these Terms, its policies, and any other applicable agreement between you and BareWeb will be cumulative, and the exercise of any such right or remedy will not limit BareWeb's right to exercise any other right or remedy.
Entire Agreement. These Terms, and the policies incorporated herein, are the entire agreement between you and BareWeb. They supersede prior or contemporaneous agreements between you and BareWeb relating to your use of the Services.
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