Welcome to the Basis Set Builders, LLC (“BSB” or “we” or “us”) website hosted at https://www.basisset.com/persistence and any other affiliate websites or applications related to BSB (together, collectively the “Service”).
NOTICE OF ARBITRATION AGREEMENT AND CLASS ACTION WAIVER: THIS AGREEMENT INCLUDES A BINDING ARBITRATION CLAUSE AND A CLASS ACTION WAIVER, SET FORTH BELOW, WHICH AFFECT YOUR RIGHTS ABOUT RESOLVING ANY DISPUTE WITH BSB. PLEASE READ IT CAREFULLY.
PLEASE REVIEW THE FOLLOWING TERMS AND CONDITIONS CONCERNING YOUR USE OF AND ACCESS TO THE SERVICE. BY ACCESSING AND/OR USING THE SERVICE, YOU AGREE TO FOLLOW AND BE BOUND BY THESE TERMS OF SERVICE ("TERMS"). IF YOU DO NOT AGREE WITH THESE TERMS, YOU MAY NOT USE THE SERVICE.
GENERAL PROVISIONS
The Service provides an online community of founders building development tools for developers, data scientists, ML practitioners, and creators of all levels. The Service is a resource for founders to learn and share challenges and successes in go-to-market side of the product development process through monthly, interactive, virtual salons on different topics. The Service also provides a Slack community for members to connect and communicate. BSB requires an application for members to join the Service to check credentials and fit for our community. Membership ensures that like-minded and interested users are part of the community. We expect members to be involved in the community by regularly attending events and participating in the Slack community. While we review member applications, BSB does not conduct background checks regarding any User and our internal verification process for any User is limited. BSB is not a broker, agent, insurer, guarantor, or endorser of any User. BSB makes no representations, warranties or guarantees regarding any content or information provided between Users, including, without limitation, the identity, age, and nationality of any User. BSB is not a broker, agent, insurer, guarantor, or endorser of any advisors, speakers, or members. BSB makes no representations, warranties or guarantees regarding any content or information provided by an advisor, speaker, or member, including the accuracy, truth, or quality thereof. By using the Service, you agree to accept all risks of transacting to provide and/or receive information, advice, or assistance from any advisor, speaker, or other community members. BSB and its officers, directors, agents, subsidiaries, joint ventures, employees, suppliers, licensors and representatives (collectively, BSB’s “Affiliates”) are not responsible for any acts or omissions of the advisor, speaker, or other community members on the Service.
YOU RELEASE BSB AND ITS AFFILIATES FROM ANY CLAIMS RELATED TO SERVICES, ADVICE, OR ANY OTHER ENGAGEMENT TRANSACTED THROUGH THE SERVICE, INCLUDING FOR NON-PERFORMANCE, DEFECTIVE PRODUCTS OR SERVICES, MISREPRESENTATIONS BY A SERVICE PROVIDER, OR PRODUCTS THAT CAUSED PHYSICAL INJURY (LIKE PRODUCT LIABILITY CLAIMS).
Content and Accuracy of Information.
We attempt to ensure that information on this Service is complete, accurate and current. Despite our efforts, the information on this Service may be inaccurate, incomplete or out of date. We make no representation as to the completeness, accuracy or currentness of any information on this Service.
Use of Service Content.
All materials provided by the Service, including, but not limited to, marketing materials, information, images, graphics, logos, sounds, compilations, content and services ("Materials" or “Content”) are protected by and subject to copyright, trademark, patent, trade secret and other laws and are owned or controlled by BSB, or their respective partners, vendors, licensors, agents and/or representatives (whether or not such persons are credited as the provider of the Content). BSB reserves all rights in and to the Content not expressly granted to you hereunder. Company shall have no rights to the Content, and Company shall abide by all additional copyright notices, information, or restrictions contained in any Content presented through the Service.None of the Content may be modified, copied, stored, printed, reproduced, distributed, republished, hosted, performed, downloaded, displayed, posted, reposted, transmitted and/or otherwise used in any form or by any means, including but not limited to electronic, mechanical, recording, or other means, without the prior express written permission of the Company. Also, you may not "mirror" or “archive” any Content contained on the Service on any other server without BSB’s prior express written permission.You may not sublicense, assign or transfer any licenses granted by BSB, and any attempt at such sublicense, assignment or transfer shall be null and void. You may not otherwise copy, distribute, modify, reverse engineer, or create derivative works of the Materials or Content.Except where expressly provided otherwise by BSB, nothing on the Service shall be construed to confer any license or ownership right in or to the Materials, under any of BSB’s intellectual property rights, whether by estoppel, implication, or otherwise. Any unauthorized use of any Materials contained on the Service may violate copyright laws, trademark laws, the laws of privacy and publicity, and/or communications regulations and statutes. It is the Users obligation to comply with all applicable state, federal and international laws. Users are responsible for maintaining the confidentiality of their account information and password and for restricting access to such information and to their computer. Users agree to accept responsibility for all activities that occur under your account or password.Termination. You or we may suspend or terminate your account or your use of this Service at any time, for any reason or for no reason. We reserve the right to change, suspend, or discontinue all or any aspect of this Service at any time without notice.
INFORMATION FOR USERS
User Eligibility.
You are eligible to use the Service if you are the age of 18 or older. You are ineligible to use the Service if you have been suspended by BSB or are under the age of 18. By registering with the Service, you represent and warrant that you are at least 18 years old and that all registration information you submit is accurate and truthful. We may, in our sole discretion, refuse to offer access to or use the Service to any person or entity and change the eligibility criteria at any time.
Authority.
If you are registering as a business entity, you personally guarantee that you have the authority to bind the entity you are acting on behalf of to this Agreement.In order to use the Service, Users will need to submit an application to BSB. Users will be required to provide their personal information to establish an account such as, but not limited to, user id, password, active email address, physical mailing address, mobile phone number, phone number, social security number, and date of birth, all of which is subject to the Company’s Privacy Policy. Additionally, if a User is setting up an account on behalf of a Company, the User may be required to provide Company information such as, but not limited to, business license, tax identification, store business address, business phone number, business email address, and other business-related information (e.g., products and services). Any submission of false or materially inaccurate information by Users shall constitute a basis for the Company to terminate the account and bar such users from using the Service. At BSB’s sole discretion, BSB will determine whether a User will be accepted and allowed to use the Service.
Admission of a User into the Service is not a promise or guarantee about the outcome of User’s business or business matter. Nothing in these Terms or any statements by an advisor, speaker, or BSB advisor constitutes a promise or guarantee. Any comments about the outcome of the User’s business or other business matters are expressions of opinion only.
Password.
Keep your password secure. You are fully responsible for all activity, liability and damage resulting from your failure to maintain password confidentiality. You agree not to provide your username and password information in combination to any other party other than BSB without our express written permission. You must immediately notify BSB of any unauthorized use of your password or any breach of security.
Account Transfer.
The access rights granted to you under this Agreement are non-transferable without our express written permission. You may not assign or otherwise transfer this Agreement to anyone, including any parent, subsidiaries, affiliated entities or third parties, without our prior written consent. Any attempted assignment or other transfer without such consent is void and deemed to be a breach of this Agreement. All of our rights and obligations under this Agreement are freely assignable by BSB. The terms “assignment” and “transfer” includes (a) any sale or transfer of all or substantially all of our assets, (b) a merger, consolidation or reorganization, and (c) a change in ownership.Right to Refuse Service. We reserve the right, in our sole discretion, to cancel unconfirmed or inactive accounts. Further, we reserve the right to refuse service to anyone, for any reason, at any time.
USER OBLIGATIONS AND RESTRICTIONS
User will not, directly or indirectly: reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, know-how, or algorithms relevant to the Service or any software, documentation, or data related to the Site; modify, translate, or create derivative works based on the Service; use the Service for timesharing or service bureau purposes or otherwise for the benefit of a third party; provide use of the Service on a service bureau, rental or managed services basis or permit other individuals or entities to create Internet "links" to the Service or "frame" or "mirror" any of the Service on any other server, or wireless or Internet-based device; attempt to or circumvent BSB when engaging any Advisor or engage any Advisor directly and/or outside the Service; or remove any proprietary notices or labels. User represents, covenants, and warrants that User will use the Service only in compliance with these Terms and all applicable laws and regulations. User is responsible for obtaining and maintaining any equipment and ancillary services needed to connect to, access or otherwise use the Service, including, without limitation, modems, hardware, servers, software, operating systems, networking, web servers, and the like (collectively, “Equipment”). User also responsible for maintaining the security of the Equipment, User account, passwords (including but not limited to administrative and user passwords) and files, and for all uses of User account or the Equipment, with or without User’s knowledge or consent. For purposes of clarification, without limitation, User is responsible for all use of Service through User’s account, even if Customer did not authorize a particular use. User is solely responsible for complying with all applicable laws, including but not limited to, laws regarding privacy, recording, and intellectual property. In addition, you must abide by our policies as stated in this Agreement and all other operating rules, policies and procedures that may be published from time to time on the Service by BSB, each of which is incorporated herein by reference and each of which may be updated by BSB from time to time. User acknowledges and agrees that it is solely responsible for its conduct and activities on and regarding any and all data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links that User posts and displays on these community spaces on the Service.
USER CODE OF CONDUCT
You are solely responsible for and assume all liability for any information and content you provide or otherwise make available on the Service including, but not limited to, text and images provided in your profile and in your communications with other users. You acknowledge and agree that any information that you disclose, display, perform, post or provide on the Service will be publicly available. BSB and other members of the Service have no obligation or duty to keep any information you disclose on the Service confidential.In connection with using or accessing our Service you will not:
- Use our Service if you are under 18 years old, or are temporarily or indefinitely suspended from using our Service;Set up or establish an account for another user or transfer your account to another user;
- Breach or circumvent any laws, regulations, third-party rights or our systems, Service, policies, or determinations of your account status;
- Use our Service for the purpose of exploiting, harming, or attempting to exploit or harm any other individuals in anyway by exposing them to inappropriate content or asking for personally identifiable information;Distribute viruses or any other technologies that may harm the interests or property of users;
- Harvest or otherwise collect information about any users without their consent;Circumvent or attempt to circumvent any technical measures used to provide our Service; or
- To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Service, or which, as determined by us, may harm other users of the Service.
If we believe you are abusing our Service in any way, listed on any federal or state law enforcement watch list or, in violation of any applicable law, rules, terms and conditions, we may, in our sole discretion and without limiting other remedies, limit, suspend, or terminate your account and access to our Service, delay or removed hosted content, remove, not display, and/or take technical and/or legal steps to prevent you from using our Service. We may also take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Service. We may cancel unconfirmed accounts or accounts that have been inactive for a substantial period of time. Additionally, we reserve the right to refuse, modify, or terminate all or part of our Service to anyone for any reason at our discretion.Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone using the Service.
YOU WAIVE AND HOLD HARMLESS BSB AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
While we are not obligated to review all profiles, monitor audio or video communications on the Service, nor conduct any background checks on users, we reserve the right to do so and take any actions (like removing content or disable access to any part of the Service at any time) if we determine that there is any objectionable conduct or content, or violations of these Terms. We assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
USER FEEDBACK
Except where expressly provided otherwise by BSB, all comments, feedback, information and data submitted to BSB through, in association with or in regard to the Service ("Submissions") shall be considered non-confidential and BSB’s property. This may not include copyright ownership of images which Users may upload, but it does include an express license to use said images in any method BSB sees fit and make compilations and derivative works thereof in all media now known or hereafter devised. Except as expressly enumerated in the preceding sentence, by providing such Submissions to BSB, you agree to assign to BSB, as consideration in exchange for the use of the Service, all worldwide rights, title and interest in copyrights and other intellectual property rights to the Submissions. You represent that you have the right to grant BSB these rights. BSB shall be free to use and/or disseminate such Submissions on an unrestricted basis for any purpose. You acknowledge that you are responsible for the Submissions that you provide, and that the User, not BSB, have full responsibility for the Submissions, including their legality, reliability, appropriateness, originality and copyright.
CONFIDENTIALITY
Definition.
“Confidential Information” means non-public information provided by one party (“Discloser”) to the other (“Recipient”) that is designated as confidential or reasonably should be considered as such, excluding information that (i) is or becomes public through no fault of the Recipient, (ii) was known to Recipient before the disclosure, (iii) is disclosed to Recipient by a third party without violation of any confidentiality restrictions, or (iv) is independently developed by the Recipient without access to or use of the Discloser’s information. Confidential Information includes, but is not limited to, the materials, information, documents and associated information that a User or Advisor discloses during a session or any communication.
Non-disclosure and Non-Use.
The Recipient shall (i) only use the Confidential Information of the Discloser to exercise its rights and/or to perform services under this Agreement, (ii) use the same degree of care to prevent unauthorized use and disclosure of Discloser’s Confidential Information as it does for its own confidential information, but in no event less than reasonable care, and (iii) with respect to employees, contractors, or agents of Recipient, limit access to the Discloser’s Confidential Information only to those employees, contractors, or agents who have a need to access such Confidential Information and who are subject to confidentiality obligations at least as restrictive as those specified in this Section. The Recipient may disclose the Discloser’s Confidential Information to the extent required by any court, governmental body, or law or regulation, provided that, if legally permissible, Recipient shall provide prompt written notice to the Discloser of such disclosure. Upon written request of the Discloser, the Recipient shall return or destroy, at Discloser’s option, the Discloser’s Confidential Information.
COMMUNICATIONS
Your access or use of the Services is governed by our Privacy Policy. Please read the Privacy Policy carefully, including for information relating to collection, use, and disclosure of your personal information. Notwithstanding anything to the contrary in the Privacy Policy, BSB, our affiliates, or agents, may contact you, including by telephone or email (if you provide us with such information), including after these Terms expires or is terminated, and your agreement to the Terms constitutes your request that we contact and communicate with you, including by traditional mail, private courier, telephone (land and mobile), email, and texts.
BSB prohibits Users from sending any unsolicited email or text messages (“Spam”) or other communications that violate applicable privacy and anti-spam legislation. Spam is defined for this purpose as sending any message that encourages participation in a commercial activity or multiple messages similar in content to any person(s), entity(ies), newsgroup(s), forum(s), email list(s), or other group(s), individual(s) or list(s) unless prior authorization has been obtained from the recipient or unless a business or personal relationship has already been established with the recipient in accordance with the requirements under applicable law. BSB also prohibits using false headers in emails or falsifying, forging, or altering the origin of any email or text message in connection with BSB and its Services. BSB prohibits engaging in any of the foregoing activities by using the service of another provider, remailer service, or otherwise. BSB may report to law enforcement authorities any actions that we may believe in our sole discretion may be illegal, and any reports we receive of such conduct. When we believe we are legally required to do so or at our sole discretion, we may cooperate with law enforcement agencies, regulators, or parties to a civil action in any investigation or requests for information, including of alleged illegal activity, and may disclose information that we have about you. Some or all of our business affiliates or partners may have their own terms and privacy policies, and You agree with and to those in connection with those business affiliates or partners.
LINKS TO THIRD PARTY SITES
The website or application may contain links or have references to websites controlled by parties other than BSB. BSB is not responsible for and does not endorse or accept any responsibility for the contents or use of these third-party websites. BSB is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by BSB of the linked website and/or the content and materials found at the linked website, except as specifically stated otherwise by BSB. It is your responsibility to take precautions to ensure that whatever you select for your use is free of viruses or other items of an intrusive nature.
LIMITATION OF LIABILITY
IN NO EVENT SHALL BSB OR ANY THIRD PARTY PROVIDERS BE LIABLE TO ANYONE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, OR FOR ANY DAMAGES TO YOUR COMPUTER, TELECOMMUNICATION EQUIPMENT, OR OTHER PROPERTY AND/OR FOR LOSS OF DATA, CONTENT, IMAGES, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE, ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THESE TERMS, INCLUDING BUT NOT LIMITED TO THE ACCESSING OR USE OF, OR INABILITY TO USE, THE WEBSITE AND THE SERVICES ASSOCIATED THEREWITH INCLUDING BUT NOT LIMITED TO THE DOWNLOADING OF ANY MATERIALS, REGARDLESS OF CAUSE, WHETHER IN AN ACTION IN CONTRACT OR NEGLIGENCE OR OTHER TORTIOUS ACTION, EVEN IF THE PARTY FROM WHICH DAMAGES ARE BEING SOUGHT OR THE THIRD PARTY PROVIDER HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
LICENSES FROM BSB
Users are being granted solely a limited, non-exclusive, non-transferrable, license to access the Service and view the Content through the Service. Except for the limited license, no right, title, interest shall be transferred to you.
REPRESENTATIONS AND WARRANTIES
Each User represents and warrants that it has the power and authority to enter into these Terms. BSB warrants that it will provide the Service in a manner consistent with its business practices, as BSB, in its sole and absolute discretion, deems fit.
DISCLAIMER OF WARRANTIES
EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE BY BSB, THE MATERIALS ON THE SERVICE ARE PROVIDED "AS IS," AND ARE FOR USE AS CONTRACTED HEREIN. EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH HEREIN, BSB AND ITS THIRD PARTY PROVIDERS HEREBY DISCLAIM ALL EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES, GUARANTIES, AND CONDITIONS WITH REGARD TO THE WEBSITE, THE MATERIALS, AND THE GOODS AND SERVICES ASSOCIATED THEREWITH INCLUDING BUT NOT LIMITED TO ANY IMPLIED REPRESENTATIONS, WARRANTIES, GUARANTIES, AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND QUALITY OF GOODS AND SERVICES EXCEPT TO THE EXTENT THAT SUCH DISCLAIMERS ARE HELD TO BE LEGALLY INVALID. BSB AND ITS THIRD PARTY PROVIDERS MAKE NO REPRESENTATIONS, GUARANTIES OR WARRANTIES REGARDING THE RELIABILITY, AVAILABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF THE WEBSITE AND THE GOODS, SERVICES AND/OR MATERIALS ASSOCIATED WITH THE WEBSITE, OR THE RESULTS YOU MAY OBTAIN BY ACCESSING OR USING THE WEBSITE AND/OR THE GOODS, SERVICES AND/OR MATERIALS ASSOCIATED THEREWITH. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, BSB AND ITS THIRD PARTY PROVIDERS DO NOT REPRESENT OR WARRANT THAT (A) THE OPERATION OR USE OF THE WEBSITE OR MATERIALS WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR-FREE; (B) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL YOU PURCHASE OR OBTAIN THROUGH THE SERVICE WILL MEET YOUR REQUIREMENTS; OR (C) THE GOODS, SERVICES, MATERIALS, OR THE SYSTEMS THAT MAKE THE SERVICES AND WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE THAT NEITHER BSB NOR ITS THIRD-PARTY PROVIDERS CONTROL THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES, INCLUDING THE INTERNET, AND THAT THE WEBSITE AND SERVICES AND/OR MATERIALS ASSOCIATED THEREWITH MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS FACILITIES. BSB IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS. EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE BY BSB, THE WEBSITE AND THE GOODS, SERVICES AND/OR MATERIALS ASSOCIATED THEREWITH ARE PROVIDED TO YOU ON AN "AS IS" BASIS. BSB EXPRESSLY DISCLAIMS ANY WARRANTY RELATED TO THE QUALITY OF GOODS AND/OR SERVICES AND THE PERSONS OR BUSINESSES REFERENCED ON THE WEBSITE. YOU USE THIRD PARTY PROVIDERS AND AFFILIATED SERVICES AT YOUR PERIL AND ASSUME ALL RISKS RELATED TO USE OF SAID THIRD PARTY PROVIDERS AND SERVICES.
YOUR RESPONSIBILITIES
Users will comply with all applicable local, state, national and foreign laws, treaties, regulations and conventions in connection with your use of the Service, including without limitation those related to data privacy, international communications, and the exportation of technical or personal data from locations other than the location from which BSB controls and operates the Service associated therewith.
NOTICES
BSB may give notice by means of a general notice on the website, app, or by electronic mail to your e-mail address on record in the Company’s account information. All notices shall be deemed to have been given four days after mailing or 36 hours after sending by email or posting to the Website. Furthermore, BSB complies with the Digital Millennium Copyright Act (“DMCA”). Any notices given pursuant to the DMCA shall be given to BSB’s designated agent via email at bsv@basisset.com or via registered US mail sent return receipt to: DMCA Compliance Agent, Basis Set Builders, LLC, 521 7th St, San Francisco, CA 94103. You may give notice to BSB at any time by letter sent by registered mail with return receipt to: Basis Set Builders, LLC, 521 7th St, San Francisco, CA 94103.
RESOLUTION OF DISPUTES – MANDATORY ARBITRATION AND CLASS ACTION WAIVER
We offer the following process to help you resolve a complaint or Dispute (as defined below) that you may have with BSB or its Third-Party Providers in connection with the use of this Service. Please read this section carefully. Our Customer Service Department, which you can reach at the email address listed at the end of these Terms, can help you resolve most of your concerns. If our Customer Service Department is unable to resolve your complaint or Dispute, you agree to take the following steps to resolve any Dispute you may have with us.
Step 1. Notice of Dispute
You must first try to resolve any complaint or Dispute with us through our Notice of Dispute process. You begin by submitting a “Notice of Dispute” with any supporting documents by emailing BSB at the email address listed at the end of these Terms. A “Notice of Dispute” is a written form in which you provide your name, address, contact information, email address, the facts regarding your Dispute, and the relief you are requesting from us. Once we receive your Notice of Dispute, you and we will attempt to resolve any Dispute through informal negotiation within forty-five (45) days from the date the Notice of Dispute is received by us. If an agreement cannot be reached within forty-five (45) days of receipt of the Notice of Dispute, you or we may initiate an arbitration proceeding or small claims action as described below.
You agree that the term “Dispute” in these Terms of Use will have the broadest meaning possible. It applies to any dispute, action, or other controversy between you and us relating to the Website, the Services, the Terms of Use (or any breach thereof) – whether in contract, warranty, tort, laws or regulation. The term also applies to any dispute over the validity, enforceability, or scope of this arbitration provision.
Step 2: Arbitration
If your Dispute is not resolved to your satisfaction within 45 days from when we received your Notice of Dispute, you and we agree to arbitrate all Disputes between us. As explained below, you and we also may also have the right to bring an individual action before a Small Claims Court for certain claims. You agree that arbitration or a small claims action will be your sole and exclusive remedy to resolve any dispute with us. The Federal Arbitration Act applies to this Agreement.
By agreeing to arbitrate, you are giving up the right to litigate (or participate in as a party or class member) any and all Disputes in a court before a judge or jury (except Small Claims Court). Instead, a neutral arbitrator will resolve all Disputes.
To read more about arbitration, visit www.adr.org. The American Arbitration Association (“AAA”) will conduct any arbitration under its Consumer Arbitration Rules in effect at that time. You can review the Consumer Arbitration Rules here: http://www.adrservices.com/wp-content/uploads/2020/01/ADR-ARBITRATION-RULES-Version-1-28-20-FINAL.pdf. You may begin an arbitration with us by completing a Demand for Arbitration form, available by clicking here: http://www.adrservices.com/wp-content/uploads/2016/10/Demand-for-Arbitration-form-Updated-1-1-20.pdf. The completed form(s) should be returned directly to the AAA. The AAA will assign someone to manage your case. You will be contacted with instructions for continuing the arbitration process. Be sure to keep a copy of everything you send to the administrator of your arbitration or us. If, for any reason, the AAA is unavailable, the parties shall mutually select another arbitration forum which will be governed by the AAA Consumer Arbitration Rules. The AAA rules will determine whether the arbitration will take place through written submissions by you and us, by telephone, or in person.
Class Action Waiver
Any proceedings to resolve or litigate any Dispute in any forum will be conducted solely on an individual basis. Class arbitrations, class actions, private attorney general actions, consolidation of your Dispute with other arbitrations, or any other proceeding in which either party acts or proposes to act in a representative capacity or as a private attorney general are not permitted and are waived by you, and an arbitrator will have no jurisdiction to hear such claims. If a court or arbitrator finds that the class action waiver in this section is unenforceable as to all or some parts of a Dispute, then the class action waiver will not apply to those parts. Instead, those parts will be severed and proceed in a court of law, with the remaining parts proceeding in arbitration. If any other provision of this Dispute resolution section is found to be illegal or unenforceable, that provision will be severed with the remainder of this section remaining in full force and effect.
Costs
If you initiate an arbitration proceeding with the AAA, we will promptly reimburse you for any standard filing fee you may have been required to pay by the AAA, once you have notified us in writing and provided a copy of the arbitration demand. However, if we are the prevailing party in the arbitration, we will be entitled to seek and recover our attorneys’ fees and costs, subject to the arbitrator’s determination and applicable law.
Small Claims Option
You may also litigate any Dispute in Small Claims Court in the County of San Francisco, California, if the Dispute meets all requirements to be heard in the small claims court. You can learn more about the Small Claims Court in the County of San Francisco by clicking here: https://www.sfsuperiorcourt.org/divisions/small-claims. However, if you initiate a Small Claims case, you are responsible for all your court costs.
Choice of Law and Forum Selection
You agree that the laws of the State of California govern this agreement and any claim or Dispute or issues arising from it, without regard to California’s conflict of laws rules. Unless you and we agree otherwise, in the event that the Agreement to arbitrate above is found not to apply to you or to a particular claim or Dispute as a result of a decision by the arbitrator or a court order, you agree that any Disputes or claims that you may have against us reside in and will be resolved by a state or federal court located in the County of Los Angeles in the State of California and you agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. The choice of law of and exclusive venue in California apply to you regardless of where you are accessing the Service from even if you are accessing the Service from outside of the United States of America.
The Terms of Use (together with the Privacy Policy) represent the parties' entire understanding relating to the use of the Website and supersedes any prior or contemporaneous, conflicting or additional, communications. BSB reserves the right to change these Terms of Use or policies relating to the Service at any time and from time to time, and such changes will be effective upon being posted herein. You should visit this page from time to time to review the then current Terms of Use because they are binding on you. Certain provisions of these Terms of Use may be superseded by expressly designated legal notices or terms located on particular pages of the Website, which may be posted from time to time. Your continued use of the Service after any such changes and/or postings shall constitute your consent to such changes. If any provision of these Terms of Use is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision(s) shall be construed to reflect the intentions of the invalid or unenforceable provision(s), with all other provisions remaining in full force and effect.
You may not assign these Terms of Use without the prior written approval of BSB. Any purported assignment in violation of this section shall be void. BSB reserves the right to use third party providers in the provision of the Service and/or Materials associated therewith. In the event of any litigation of any controversy or dispute arising out of or in connection with these Terms of Use, its interpretation, its performance, or the like, the prevailing party shall be awarded reasonable attorneys' fees and expenses, court costs, and reasonable costs for expert and other witnesses attributable to the prosecution or defense of that controversy or dispute. Any and all rights not expressly granted herein are reserved by BSB.
UNITED STATES ONLY
Unless otherwise specified, the Service is solely for use within the United States. We make no representation that the Service is appropriate or available for use in other locations. If you access the Service from locations other than the United States, you do so at your own risk. Whether inside or outside the United States, you are solely responsible for compliance with any applicable local laws.
If you have any questions regarding these terms or wish to contact us for any matter:
Email: bsv@basisset.com
