Please carefully read the following Terms before using any of our website (individually, “Site” or collectively, “Services”). By accessing the Site or Services, you agree to be bound by these Terms. These Terms may be updated from time to time. Accordingly, you should check the date of the Terms (which appears at the bottom of this document) and review any changes since the last version. If at any time you do not agree to these Terms, please do not use the Site or Services.
IF YOU’RE UNDER THE AGE OF MAJORITY in your jurisdiction of residence or physical location, then your parent or guardian may be liable for some or all of your activities on the Site or Services. Because of this, and because it’s important for your parent or guardian to be aware of your activities, including the websites that you visit, you should make your parent or guardian aware that you are using the Site or Services – as these Terms and your use of the Site or Services affect their legal rights and obligations.
You may only use the content on the Site or Services in connection with your permitted activities on the Site or Services – and not in an offline environment or on another website. You may only use the Site or Services for personal purposes and not for commercial, political, or inappropriate purposes.
Wireless Features. The Services may offer certain features and services that are available to you via your wireless internet device. These features and services may include the ability to access the Services’ features and upload content, receive messages from the Services, and download data or information to your wireless internet device (collectively, “Wireless Features”). Standard messaging, data, and other fees may be charged by your carrier to participate in Wireless Features. Fees and charges may appear on your wireless bill or be deducted from your pre-paid balance. Your carrier may prohibit or restrict certain Wireless Features and certain Wireless Features may be incompatible with your carrier or wireless Internet Device. You should check with your carrier to find out what plans are available and how much they cost. Contact your carrier with questions regarding these issues.
Terms of Wireless Features. You agree that as to the Wireless Features with you use, we may send communications to your wireless internet device regarding us or other parties – unless you cancel your registration (if created) or opt-out in accordance with any procedure established by us or by law. Further, we may collect information related to your use of the Wireless Features. If you have registered for or granted authorization to access the Wireless Features, then you agree to notify BW of any changes to your wireless number (including phone number) and update your account(s) to reflect the changes, or notify us when you wish to terminate your registration.
By using the Site and viewing the content on the Site, including instructional articles and videos, you may be presented with information about pet care and safety, and you understand and agree that certain conditions are potentially dangerous if not managed properly or in a timely manner and can pose risks and hazards to your pet(s), yourself, or others, which may result in property damage, serious injury, or death. Any advice, guidance, or other information provided on the Site or in the Services cannot completely anticipate your situation, and shall not create any warranty not expressly made herein regardless of any omission or inaccuracy of information contained on the Site or in the Services. In case of emergency, seek care from the appropriate provider.
All trademarks, logos, service marks and trade names are proprietary to BW or other respective owners that have granted the Services the right and license to use such intellectual property.
The information, services, products offered for sale and materials contained in and/or advertised on the Site or Services, including, without limitation, text, graphics and links, are provided on an “As Is” basis with no warranty. TO THE MAXIMUM EXTENT PERMITTED BY LAW, BW AND ITS SUPPLIERS DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO SUCH INFORMATION, SERVICES, PRODUCTS AND MATERIALS, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. In addition, BW and its suppliers do not represent or warrant that the information accessible via the Site or Services is accurate, complete, or current. We are not responsible for typographical errors. Price and availability information is subject to change without notice.
Most products displayed on the Site or through the Services are available at retail stores in the United States while supplies last. In some cases, merchandise displayed for sale may not be available in stores. Any prices displayed on the Site or through the Services are quoted in U.S. dollars and are the suggested retail price only in the United States. All prices, pictures and descriptions on this site are subject to change. We maintain no responsibility for inadvertent errors. Price differences related to future or past prices in any retail store’s prices are not refundable. The particular technical specifications and settings of your computer or device and its display could affect the accuracy of its display of the colors of products offered on the Site through the Services.
By using the Site and the Services, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal capacity and you agree to comply with these Terms; (4) you are not a minor in the jurisdiction in which you reside; (5) you will not access the Site or Services through automated or non-human means, whether through a bot, script or otherwise; (6) you will not use the Site or Services for any illegal or unauthorized purpose; and (7) your use of the Site or Services will not violate any applicable law or regulation.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).
You may be required to register with the Site. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.
“User Content” of the Site user means any and all information and content that such user submits to BW by any means, including through social media (e.g., Facebook, YouTube, Instagram, Pinterest, Twitter), or uses with the Site (e.g., a user profile, product review, question & answer). You are solely responsible for your User Content. You assume all risks associated with use of your User Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your User Content that makes you or any third party personally identifiable. You hereby affirm, represent, and warrant that (i) you own, or have the necessary licenses, rights, and/or consents to use your User Content with the Site as described herein and (ii) your User Content does not violate the Acceptable Use Policy. You may not state or imply that your User Content is in any way provided, sponsored or endorsed by BW. Because you alone are responsible for your User Content (and not BW), you may expose yourself to liability if, for example, your User Content violates the Acceptable Use Policy. BW is not obligated to backup any User Content, makes no representation that it will do so, and you agree that BW may delete User Content at any time.
By submitting your User Content or using it with the Site , you automatically grant, and you represent and warrant that you have the right to grant, to BW an irrevocable, nonexclusive, royalty-free and fully paid, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use your User Content, and to grant sublicenses of the foregoing, solely for the purposes of including your User Content in the Site, on the Services, or on BW social media platforms or marketing initiatives. You agree to irrevocably waive (and cause to be waived) any claims and assertions of publicity or moral rights, or attribution with respect to your User Content.
BW will treat any feedback, communications, or suggestions you provide to BW as non-confidential and non-proprietary. Thus, in the absence of a written agreement with BW to the contrary, you agree that you will not submit to BW any information or ideas that you consider to be confidential or proprietary.
Acceptable Use Policy
You agree not to use the Site or the Services to collect, upload, transmit, display, or distribute any User Content (a) that violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (b) that is unlawful, harassing, abusive, tortious, threatening, harmful, abusive, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive (e.g., material that promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual) or otherwise objectionable material of any kind or nature or which is harmful to minors in any way; or (c) in violation of any law, regulation, or obligations or restrictions imposed by any third party.
In addition, you agree not to commercially exploit the Site or Services or use it or them to: (a) upload, transmit, or distribute any computer viruses, worms, or any software intended to damage or alter a computer system or data; (b) send unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (c) harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent; (d) interfere with or disrupt servers or networks connected to the Site or violate the regulations, policies or procedures of such networks; (e) attempt to gain unauthorized access to the Site, other computer systems or networks connected to or used together with the Site, through password mining or other means; or (f) harass or interfere with another user’s use and enjoyment of the Site.
We reserve the right (but have no obligation under this Agreement) to review any User Content, investigate, and/or take appropriate action against you, at our sole discretion, if you violate the Acceptable Use Policy or any other provision of this Agreement, including removing or modifying your User Content, terminating your account, and/or reporting you to law enforcement authorities. We may also remove or modify your User Content if it, in our sole judgment, violates the rights of, harms, or threatens the safety of any other person, or creates liability for us or any other person. In order to cooperate with legitimate governmental requests, subpoenas or court orders, or to protect our business and members, we may access and disclose any information we consider necessary or appropriate, including your username and password, IP address and traffic information, usage history, and your User Content.
Third Party Sites and Other Users
The Site may contain (or you may be sent via the Site) links to other websites (“Third-Party Websites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties (“Third-Party Content”). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Site or any Third-Party Content posted on, available through, or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Site and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Terms no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Site or relating to any applications you use or install from the Site. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us harmless from any harm caused by your purchase of such products or services. Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.
Periodically, BW will provide marketing promotions where users can enter by following specific instructions. By entering sweepstakes and/or contests on any BW Site you agree to subscribe to the BW email lists indicated in the rules associated with that specific sweepstakes or contest. Some prizes may carry RESTRICTIONS in certain jurisdictions and some products ARE NOT EXPORTABLE under US ITAR laws. Winners are responsible for knowing and complying with all local, state, federal & US export ITAR laws. If you are unable to legally buy, order, or possess the winning item in your state or jurisdiction, participation in the promotion may be limited. See the Official Rules for specific promotion for full details.
You may not access or use the Site or Services for any purpose other than that for which we make the Site and Services available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
As a user of the Site, you agree not to:
1. Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
2. Make any unauthorized use of the Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
3. Use a buying agent or purchasing agent to make purchases on the Site.
4. Use the Site to advertise or offer to sell goods and services.
5. Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein.
6. Engage in unauthorized framing of or linking to the Site.
7. Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
8. Make improper use of our support services or submit false reports of abuse or misconduct.
9. Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
10. Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site.
11. Attempt to impersonate another user or person or use the username of another user.
12. Sell or otherwise transfer your profile.
13. Use any information obtained from the Site in order to harass, abuse, or harm another person.
14. Use the Site as part of any effort to compete with us or otherwise use the Site and/or the Content for any revenue-generating endeavor or commercial enterprise.
15. Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site.
16. Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site.
17. Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to you.
18. Delete the copyright or other proprietary rights notice from any Content.
20. Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site.
21. Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
22. Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using or launching any unauthorized script or other software.
23. Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.
24. Use the Site in a manner inconsistent with any applicable laws or regulations.
User Generated Contributions
The Site may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Site, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, “Contributions”). Contributions may be viewable by other users of the Site and through third-party websites. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary. When you create or make available any Contributions, you thereby represent and warrant that:
The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
1. You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Site, and other users of the Site to use your Contributions in any manner contemplated by the Site and these Terms.
2. You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Site and these Terms.
3. Your Contributions are not false, inaccurate, or misleading.
4. Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
5. Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
6. Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
7. Your Contributions do not advocate the violent overthrow of any government or incite, encourage, or threaten physical harm against another.
8. Your Contributions do not violate any applicable law, regulation, or rule.
9. Your Contributions do not violate the privacy or publicity rights of any third party.
10. Your Contributions do not contain any material that solicits personal information from anyone under the age of 18 or exploits people under the age of 18 in a sexual or violent manner.
11. Your Contributions do not violate any federal or state law concerning child pornography, or otherwise intended to protect the health or well-being of minors;
12. Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
13. Your Contributions do not otherwise violate, or link to material that violates, any provision of these Terms, or any applicable law or regulation.
Any use of the Site in violation of the foregoing violates these Terms and may result in, among other things, termination or suspension of your rights to use the Site.
By posting your Contributions to any part of the Site, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such Contributions, and grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels.
This license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your Contributions, and you warrant that moral rights have not otherwise been asserted in your Contributions.
We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Site. You are solely responsible for your Contributions to the Site and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.
We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change any Contributions; (2) to re-categorize any Contributions to place them in more appropriate locations on the Site; and (3) to pre-screen or delete any Contributions at any time and for any reason, without notice. We have no obligation to monitor your Contributions.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site (“Submissions”) provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.
Limitation on Liability
IN NO EVENT SHALL BW, OUR OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, SUBSIDIARIES, PARENTS, JOINT VENTURES, SUCCESSORS AND ANY OTHER COMPANIES UNDER COMMON CONTROL WITH US BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR IN ANY WAY RELATED TO YOUR RELATIONSHIP WITH BW, YOUR USE OF THE SITE OR SERVICES, PRODUCTS, OR THIRD PARTY SITES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE WEB SITE, PRODUCTS AND THIRD PARTY SITES ARE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA RESULTING THEREFROM. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR IN ANY WAY RELATED TO YOUR RELATIONSHIP WITH BW OR THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (A) FIVE US DOLLARS ($5) OR (B) AMOUNTS YOU’VE PAID BW IN THE PRIOR 12 MONTHS. WE AGREE THAT ANY CLAIM BETWEEN US MUST BE BROUGHT WITHIN ONE (1) YEAR.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OF CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
Modifications And Interruptions
We reserve the right to change, modify, or remove the contents of the Site or Services at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of the Site or Services without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site or Services.
We cannot guarantee the Site or Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site or Services, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site or Services at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site or Services during any downtime or discontinuance of the Site or Services. Nothing in these Terms will be construed to obligate us to maintain and support the Site or to supply any corrections, updates, or releases in connection therewith.
You agree to indemnify and hold BW, our officers, employees, agents, affiliates, subsidiaries, parents, joint ventures, successors and any other companies under common control with us harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of (i) your use of the Site or Services, (ii) your User Content, (iii) any purchase made on the Site or through the Services, or (iv) your violation of these Terms. BW reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of BW. BW will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
Certain portions of this Section are deemed to be a “written agreement to arbitrate” pursuant to the Federal Arbitration Act. You and BW agree that we intend that this Section satisfies the “writing” requirement of the Federal Arbitration Act.
First — Try to Resolve Disputes and Excluded Disputes. If any controversy, allegation, or claim arises out of or relates to the Site or Services, the content, your User-Generated Content, your Unsolicited Ideas and Materials, these Terms, or any additional Terms or Policies (collectively, “Dispute”), or to any of BW’s actual or alleged intellectual property rights (an “Excluded Dispute”, which includes those actions set forth in below), then you and we agree to send a written notice to the other providing a reasonable description of the Dispute or Excluded Dispute, along with a proposed resolution of it. Our notice to you will be sent to you based on the most recent contact information that you provide us. But if no such information exists or if such information is not current, then we have no obligation under this Section. Your notice to us must be sent to: BarkWiki at email@example.com. For a period of 60 days from the date of receipt of notice from the other party, BW and you will engage in a dialogue to attempt to resolve the Dispute or Excluded Dispute, though nothing will require either you or BW to resolve the Dispute or Excluded Dispute on terms with respect to which you and BW, in each party’s sole discretion, are not comfortable.
Forums for Alternative Dispute Resolution.
The parties acknowledge that any statutory or common law claims related to intellectual property may require forms of equitable relief that are best administered by courts; accordingly, the parties agree that except for statutory or common law claims related to intellectual property and disputes that qualify for small claims court, any controversy or claim arising out of or relating to this Agreement or any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, will be resolved by arbitration administered by the American Arbitration Association (“AAA”) in accordance with its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes. Judgment on the award rendered by the arbitrator may be entered in any federal or state court of competent jurisdiction located in the County of Maricopa in the State of Arizona. For more information about arbitration, the AAA and the arbitration process, please consult the American Arbitration Association web site at www.adr.org. You agree that by entering into this Agreement, you and we are each waiving the right to trial by jury, except as otherwise stated above. Any arbitration under this Agreement will take place on an individual basis; class arbitrations and class actions are not permitted and, by entering into this Agreement, you are giving up the ability to participate in a class action. All issues are for the arbitrator to decide, except that issues relating to the scope, application, and enforceability of the arbitration provision are for the court to decide. As stated in these Terms, Arizona law applies to any arbitration under this section, but the parties acknowledge that the Federal Arbitration Act governs the interpretation and enforcement of this provision. This agreement to arbitrate shall survive termination of this Agreement. This arbitration agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies, and, if the law allows, they can seek relief against us for you.
Unless you and we agree otherwise, the arbitration will take place either in the County of Maricopa in the State of Arizona. For small claims, you can choose whether you would like arbitration carried out based only on documents submitted to the arbitrator, or by a hearing in person, or by phone.
The arbitrator may award money or equitable relief in favor of only the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. To reduce the time and expense of the arbitration, the arbitrator will not provide a statement of reasons for his or her award unless requested to do so by both parties. Unless both you and we agree otherwise, the arbitrator may not consolidate more than one person’s claim(s) and may not otherwise preside over any form of a representative or class proceeding. Limited Time to File Claims. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IF YOU WANT TO ASSERT A CLAIM THEN YOU MUST COMMENCE IT WITHIN 1 YEAR AFTER THE DISPUTE ARISES — OR IT WILL BE FOREVER BARRED.
Injunctive Relief. The foregoing provisions of this Section will not apply to any legal action taken by BW to seek an injunction or other equitable relief in connection with any loss, cost, or damage (or any potential loss, cost, or damage) relating to the Site, Services, any content, your User-Generated Content or Unsolicited Ideas and Materials and/or BW’s intellectual property rights (including such BW may claim that may be in dispute), BW’s operations, and/or BW’s products or services.
The laws of the State of Arizona will govern these Terms without giving effect to any principles of conflict of laws.
Respect for Copyright Law
BW respects the intellectual property of others and asks that users of our Site and Services do the same. Except as authorized above, you are not permitted access or use of any of BW’s Intellectual Property without our prior written consent or the consent of such third party that may own intellectual property with respect to products displayed on the Site or through the Services. In connection with our Site and any services we offer, we have adopted and reasonably implemented a policy respecting copyright law that provides for the removal of any infringing materials and for the termination, in appropriate circumstances, of users of our Site or Services who are repeat infringers of intellectual property rights, including copyrights. If you believe that your work has been copied in a way that constitutes copyright infringement and wish to have the allegedly infringing material removed from our Site, the following information in the form of a written notification (pursuant to 17 U.S.C. § 512(c)) must be provided to our designated Copyright Agent:
1. your physical or electronic signature;
2. identification of the copyrighted work(s) that you claim to have been infringed;
3. identification of the material on our services that you claim is infringing and that you request us to remove;
4. sufficient information to permit us to locate such material;
5. your address, telephone number, and e-mail address;
6. a statement that you have a good faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law; and
7. a statement that the information in the notification is accurate, and under penalty of perjury, that you are either the owner of the copyright that has allegedly been infringed or that you are authorized to act on behalf of the copyright owner.
Please note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact (falsities) in a written notification automatically subjects the complaining party to liability for any damages, costs and attorneys’ fees incurred by us in connection with the written notification and allegation of copyright infringement.
You may submit your counter notification to BW’s Copyright Agent by email at firstname.lastname@example.org.
These Terms, along with other service terms and policies, constitute the entire agreement between you and us regarding the use of the Site, use of the Services, and the purchase of any products on our Site. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. These Terms are governed by the laws of the State of Arizona without regard to conflict of law provisions. The section titles in these Terms are for convenience only and have no legal or contractual effect. The word “including” means including without limitation. If any provision of these Terms is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. these Terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without BW’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. The terms of these Terms shall be binding upon assignees.
Last modified: October 28, 2019