TERMS & CONDITIONS
For use of the www.bargain-homess.com Site(s)
The Site(s) is Bargain-Homes.com (“BHA/us/we/our”). All rights are hereby reserved with respect to our service marks, trademarks, logos and trade dress (“Marks”). “Site(s)” means the Site(s) located at www.bargain-homes.com, any subsequent URL which may replace any of these Site(s), and any and all associated mobile site(s) and/or app(s), websites, URLs and micro sites provided by us. “You/your” means you as a user of the Site(s). “User” means all users of the Site(s). We offer the Site(s), including all information and services available from the Site(s), to you conditioned upon your acceptance of all the terms, conditions, policies and notices stated herein.
YOUR CONTINUED USE OF THE SITE(S) CONSTITUTES YOUR AGREEMENT TO THESE TERMS OF SERVICE.
By accessing the Site(s), you agree to be bound by the Terms of Service set forth herein. If there is anything you do not understand, please email any inquiry to email@example.com. If at any time you do not agree to these Terms of Service, please do not use the Site(s).
Notice Regarding Dispute Resolution: These Terms contain provisions that govern how legal claims that might arise between Us and You will be handled. See Mandatory and Binding
Arbitration Provision For Resolution Of Disputes and Class-Action Waiver (Sections 14-5 below), which includes a binding obligation to resolve disputes on an individual (i.e. non-class action basis), which will, subject to limited exceptions, will require you to submit claims you have against us to binding arbitration or small claims court.
YOU SHALL NOT USE THE SITE(S) FOR ANY ILLEGAL PURPOSES, AND YOU WILL USE IT IN COMPLIANCE WITH ALL APPLICABLE LAWS AND REGULATIONS. YOU SHALL NOT USE THE
SITE(S) IN A WAY THAT MAY CAUSE THE SITE(S) TO BE INTERRUPTED, DAMAGED, RENDERED LESS EFFICIENT OR SUCH THAT THE EFFECTIVENESS OR FUNCTIONALITY OF THE SITE(S) IS IN ANY WAY IMPAIRED. YOU AGREE NOT TO ATTEMPT ANY UNAUTHORIZED ACCESS TO ANY PART OR COMPONENT OF THE SITE(S).
BHA is not an owner or operator of properties, nor is it a provider of properties. BHA does not own, sell, resell, furnish, provide, rent, re-rent, manage and/or control properties. BHA does not act as a real estate agent for you or any other user of the Site(s). BHA does not represent you or any other user in the purchase or sale of real property, including any related negotiation.
BHA CANNOT AND DOES NOT CONTROL THE CONTENT CONTAINED IN ANY LISTINGS OR THE CONDITION, LEGALITY OR SUITABILITY OF ANY PROPERTIES. BHA IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY AND ALL LISTINGS AND PROPERTIES. ACCORDINGLY, ANY AGREEMENTS WILL BE MADE AT THE USER’S OWN RISK.
1. Intellectual Property Ownership and Use
1.1 You acknowledge and agree that the Marks, copyrights and any and all other intellectual property rights in all material or content contained within the Site(s) shall remain at all times vested in us or, in the cases where we are using such material or content under authority from a third party, in the owner of such material or content.
1.2 We grant you the limited right to access and make use of the Site(s) as our User. However, you shall not: a) reproduce, duplicate, copy, sell or otherwise exploit the Site(s) or any image, page layout, page design, trade dress, trademark, logo or other content (“Site Content”) for any commercial purpose; b) use a robot, spider or data mining or extraction tool or process to monitor, extract or copy Site Content; c) use any meta tags, search terms, key terms, or the like that contain the Site(s)’s name or our Marks; d) engage in any activity that interferes with the Site(s) or another user’s ability to use the Site(s); e) modify, create derivative works from, reverse engineer, decompile or disassemble any technology used to provide the Site(s) and the goods or services offered on the Site(s); or f) assist or encourage any third party in engaging in any activity prohibited by these Terms of Service.
1.3 You shall not use, copy, distribute, or exploit any of the Marks or Site Content in any manner without our prior written permission. You may not link to this Site from any pornographic, obscene, profane, defamatory, libelous, threatening, unlawful or other web site or material which could constitute or encourage unlawful conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law or regulation. LINKING TO THE SITE(S) INDICATES THAT YOU ACCEPT THESE TERMS OF SERVICE.
1.4 All Site Content and all materials and content contained within the Site(s), including but
not limited to the text, graphics, logos, button icons, images, audio clips, video clips, articles, posts and data compilations appearing on the Site(s), are owned by us, or used by us under authorization, and are protected by U.S. and foreign trademark and copyright laws. No portion of the materials or content on these pages may be reprinted or republished in any form without our express written permission.
2. Infringement Notice
2.1 We respect the intellectual property rights of others and require that our users do the same. If you believe your work has been copied in a manner that constitutes copyright infringement, or you believe your rights are otherwise infringed or violated by anything on the Site(s), please notify us by sending an email to the following address: letters@BHAoldhouses.com and including the words
“COPYRIGHT NOTICE” in the subject text.
2.2 In order for us to more effectively assist you, the notification should include all of the following:
a. A physical or electronic signature of the owner of the right claimed to be infringed or the person authorized to act on the owner’s behalf;
b. A description of the copyrighted work or other right you claim has been infringed or violated;
c. Information reasonably sufficient to locate the material in question on the Site(s);
d. Your name, address, telephone number, e-mail address and all other information reasonably sufficient to permit us to contact you;
e. A statement by you that you have a good faith belief that the disputed use is not authorized by the rightful owner, its agent or the law; and
f. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the owner of the right claimed to be infringed or violated or are authorized to act on behalf of the owner.
2.3 Brokers, agents, and other individuals or entities who provide listings to us are required, pursuant to Section 9 below, to notify us of any changes in the listing, including when a listing should be removed from the Site. Notwithstanding this obligation, if you believe your intellectual property rights are being infringed in content available on our Site, including BHA’s social media (i.e. Instagram, Facebook, YouTube), please notify us by following the process outlined in this Section 3.
3. Errors and Inaccuracies
3.1 We strive to provide complete, accurate, up-to-date information on the Site(s).
Unfortunately, despite those efforts, human or technological errors may occur. The Site(s) may contain typographical mistakes, inaccuracies, or omissions, some of which may relate to pricing and availability of products, properties, or the events we promote, and some information may not be complete or current. We reserve the right to correct any errors, inaccuracies or omissions, including after an order has been submitted, and to change or update information at any time without prior notice.
3.2 You acknowledge that the particular technical specifications and settings of your computer and its display could affect the accuracy of its display of the colors and look of products and/or properties offered and/or displayed on the Site(s).
3.3 The inclusion of any products, properties or services on the Site(s) at a particular time does not imply or warrant that these products or services will be available at any time. Certain weights, measures and similar descriptions are approximate and are provided for convenience purposes only. We attempt to ensure that information on the Site(s) is complete, accurate and up-to-date, including the applicable colors; however, the actual color you see depends on your device set-up, and we cannot guarantee that your device will accurately display such colors. Despite our efforts, the information on the Site(s) may occasionally be inaccurate, incomplete or out-of-date. We make no representation as to the completeness, accuracy or currency of any information on the Site(s). For example, products, properties or services included on a Site(s) may be unavailable, may have different attributes than those listed, or may carry a different price than what is stated on the Site(s). In the event of a pricing error or discrepancy on a Site(s) with respect to products or services, we reserve the right to cancel any orders (or partial orders) for such products or services.
3.4 IF YOU BELIEVE THAT A PRODUCT PURCHASED BY YOU OR OTHERWISE OFFERED BY US IS NOT AS DESCRIBED, YOUR SOLE REMEDY IS TO RETURN IT TO US FOR A REFUND IN ACCORDANCE WITH THE TERMS OF OUR REFUND POLICY.
3.5 We will not be liable to you for any delay or failure to perform any obligation or services related to the Site(s) if the delay or failure results from any cause beyond such ours reasonable control, including acts of God, labor disputes or other industrial disturbances, systemic electrical, telecommunications, or other utility failures, earthquake, storms or other elements of nature, blockages, embargoes, riots, acts or orders of government, acts of terrorism, or war.
4. Changes to Site(s) or These Terms of Service
4.1 Other than as may be required by law, we reserve the right to modify or withdraw, temporarily or permanently, the Site(s) (or any part of) with or without notice to you, and you confirm that we shall not be liable to you or any third party for any modification to withdraw or withdrawal of the Site(s) or any portion of it.
4.2 We may alter these Terms of Service from time to time, and your use of the Site(s) (or any part of the Site(s)) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the Terms of Service have been changed. If you do not agree to any change to the Terms of Service, then you must immediately stop using the Site(s).
4.3 The Site(s) is subject to constant change. You will not be eligible for any compensation because you cannot use any part of the Site(s) or because of a failure, suspension or withdrawal of all or part of the Site(s).
5. External Sites and Resources
We are not responsible for the availability of any websites owned or controlled by third-parties, including websites owned or controlled by third-party brokers. We do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content (including misrepresentative or defamatory content) of any third party websites, including (without limitation) any advertising, products, properties, or other materials or services on or available from such websites or resources, nor for any damage, loss or offense caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods, properties, or services available on such third-party external sites or resources.
6. Orders, Price and Resale
6.1 You may purchase products only for personal use and not for resale. By placing your order, you certify that you are purchasing products for personal use only and not for resale. We reserve the right to refuse orders for any reason without explanation and in our sole discretion, even after your receipt of an order confirmation or after your credit card has been charged.
6.2 Nothing on the Site(s) constitutes a binding offer to sell services and/or products described on the Site(s) or to make such services and/or products available in your area. We reserve the right at any time after receipt of your order to accept or decline your request/order, or any portion thereof, in our sole discretion, even after your receipt of an order confirmation or after your credit card has been charged. Unless otherwise specified, any prices displayed on the Site(s) are quoted in U.S. dollars regardless of whether the order has been confirmed or your account/credit card charged. The Site(s) does not handle payments directly, but rather refers these payment to a secure third-party payment processor. Any and all payments issues or disputes should be resolved directly with the third-party payment processor.
6.3 DUTIES AND TAXES FOR ORDERS SHIPPED WITHIN CANADA, THE UNITED
STATES OR MEXICO. In accordance with NAFTA, orders placed by and shipping to residents of the NAFTA countries (Canada, the United States, or Mexico) are exempt from paying customs duties on any merchandise made in any of the NAFTA countries. Applicable HST or Provincial Sales Tax is charged to those orders shipped within Canada. All customers in the United States and Mexico are responsible for any Sales Tax based on the shipping destination.
6.4 We do not ship outside of North America.
7. Registration and Online Services
7.1 To register and become a “member” of the Site, you must be at least 18 years of age to enter into and form a legally binding contract. In addition, you must be in good standing and not an individual that has been previously barred from receiving our Services under the laws and statutes of the United States or other applicable jurisdiction. We reserve the right to deny or terminate registration or membership for the Site for any reason in its sole discretion.
7.2 When you register, we may collect information such as your name, e-mail address, birth date, gender, mailing address, occupation, industry and personal interests. You can edit your account information at any time. Once you register on the Site and sign in to our Services, you are no longer anonymous to us. Furthermore, the registering party hereby acknowledges, understands and agrees to:
a) furnish factual, correct, current and complete information with regards to yourself as may be requested by the data registration process, and b) maintain and promptly update your registration and profile information in an effort to maintain accuracy and completeness at all times.
7.3 If anyone knowingly provides any information of a false, untrue, inaccurate or incomplete nature, we will have sufficient grounds and rights to suspend or terminate the member in violation, and as such refuse any and all current or future use of our Services, or any portion thereof.
8. Online Content
8.1 The Site(s) contains or may contain various interactive portions, such as a user forum, message board or other types of interactive features that allow users to post content, and create artwork, drawings, etc., on our Site(s) (“Online Services”). We have no obligation to offer and/or actively monitor the Online Services, we reserve the right to do so. We are not responsible for, nor do we vouch for the accuracy of, the content of any user comments or other content that may be posted or uploaded by a user. User comments, artwork, drawings, and other content posted, uploaded, or submitted by a user, including listings (“User Content”) express the views and opinions of the user and do not necessarily reflect our views or opinions. We reserve the right, in our sole discretion, to edit, delete, or refuse to post User Content, for any reason whatsoever.
8.2 If you believe that any User Content is inaccurate or objectionable, you should contact us by sending an email to firstname.lastname@example.org and include the words “OBJECTIONABLE CONTENT” in the subject. Please provide us with detailed information about the nature and location of the alleged objectionable material so that we may easily locate and investigate the same.
8.3 By using the Site(s), you agree that:
a. You will not upload, post, email or otherwise transmit any material or other content that:
(i) is defamatory, libelous, disruptive, threatening, invasive of a person’s privacy, harmful, abusive, harassing, obscene, hateful, or racially, ethnically or otherwise objectionable; or that otherwise violates any law; (ii) contains software viruses or any other computer codes, files or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; (iii) infringes any person or entity’s intellectual property rights (including but not limited to, patent, trademark, trade secret, copyright or other intellectual property right).
b. You will not impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity.
c. You will not repeatedly post the same or similar message (“flooding”) or post excessively large or inappropriate images or content.
d. You will not distribute or publish unsolicited promotions, advertising or solicitations for funds, goods or services, including but not limited to, junk mail, spam and chain letters.
8.4 User Content may become public information, in whole or in part. You should be very careful about posting personally identifiable information such as your name, address, telephone number or email address. If you post personal information online, you may receive unsolicited messages from other users in return.
8.5 You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account or password, regardless of whether such use is authorized by you or not.
8.6 If you submit any User Content including without limitation listings, you grant to us, and any of our successors, licensees, assigns, and affiliates, a royalty-free, worldwide perpetual, irrevocable, non-exclusive and fully sub-licensable right and license to use, reproduce, modify, edit, adapt, publish, translate, create derivative works from, distribute, perform and display the User Content, and in any other media, now known or hereafter devised, including social media advertising and on our blog. Such User Content includes all images and information that you provide related to a property listing. You are solely responsible for all User Content made through your account. For all User Content, you represent and warrant that you are the creator and owner of the User Content, or have the necessary licenses, rights, contests, and permissions (including all permissions required under applicable privacy and intellectual property law) to authorize us and other users to access and use your User Content as necessary to exercise the licenses granted by you under these Terms of Service.
8.7 BHA is under no obligation to edit or control your User Content or the User Content of any other user and will not be in any way responsible or liable for any User Content. BHA may, however, at any time and without prior notice, screen, remove, edit, or block any User Content that in BHA’s sole judgment violate these Terms of Service or are otherwise objectionable. You understand that when using the Site(s), you may be exposed to User Content of other users and acknowledge that User Content may be inaccurate, offensive, indecent, or objectionable. You agree to waive, and do waive, any legal or equitable right or remedy you may have against BHA with respect to User Content. BHA expressly disclaims any and all liability in connection with User Content. If notified by a user or content owner that User Content allegedly does not conform with these Terms of Service, BHA may investigate the allegation and determine in BHA’s sole discretion whether to remove the User Content, which BHA reserves the right to do at any time and without notice.
8.8 If you choose to communicate or meet with other users of the Site(s), you are doing so at your own risk. We do not, and have no obligation to, verify the identity of or otherwise screen our users for any reason. You acknowledge that there are risks, including the risk of physical harm, when dealing with strangers or people acting under false pretenses. You assume all risks associated with dealing with other users with whom you may come in contact through the Site(s).
8.9 The Site(s) is meant for users 18 years old and over. We will not knowingly allow any user less than 18 years of age to submit any User Content to our Site(s).
9. User Code of Conduct
By listing a property, you represent and warrant to BHA that:
a. you will provide accurate, current and complete registration and listing information;
b. you own or have the authority to use the intellectual property rights in all material or content you provide to BHA.
c. you will be responsible for notifying BHA of any changes in the listing in writing, including
advising BHA promptly when a listing should be removed from the Site(s);
d. your use of the Site will comply with all applicable federal, state and local laws, regulations and rules, including without limitation the Fair Housing Act, the Fair Credit Reporting Act and any applicable rent control or rent stabilization laws, and will not violate any contract by which you are bound or any third party rights;
e. to the best of your information and belief, any property that you list on the Service complies fully with all applicable health, safety and fire laws and codes;
f. without limitation of the foregoing, your listing will comply with the Fair Housing Act and shall not state any discriminatory preference based on race, color, national origin, religion, sex, familial status or handicap, or based on any other characteristic prohibited by state or local law.
In accessing and using the Site and Services, you agree that you will not:
a. Post a listing on this Site for a space unless you are authorized to do so.
b. Deliver any unlawful postings to or through the Site or Services, or any postings which advocate unlawful activity.
c. Deliver, or provide links to, any postings containing material that could be considered harmful, obscene, pornographic, indecent, lewd, violent, abusive, profane, insulting, threatening, harassing, hateful or objectionable; harasses, victimizes, degrades, or intimidates an individual or group of individuals on the basis of religion, race, ethnicity, sexual orientation, gender, age, or disability; is defamatory, false or libelous; or infringes or violates any intellectual property or other right of any entity or person.
d. Deliver any posting that you do not have a right to make available under law or contractual or fiduciary relationships.
e. Impersonate another person or entity or misrepresent your affiliation with a person or entity, or adopt a false identity if the purpose of doing so is to deceive or defraud another.
f. Manipulate identifiers, including by forging headers, in order to disguise the origin of any posting that you deliver.
g. Deliver any posting containing personal information, including but not limited to phone numbers, social security numbers, account numbers or employer references.
h. Use this service in any manner which could damage, overburden or interfere with the use of the Services or other users’ Devices, or damage, disrupt or limit the functioning of any software, hardware, or telecommunications equipment.
i. Attempt to gain unauthorized access to the Site(s) or Services, any related website, or other accounts, computer systems, or networks connected to the Site or Services, through hacking, password mining, or any other means.
j. Obtain or attempt to obtain any materials or information through any means not intentionally made available through this the Site(s) or Services, including by collecting information about others such as email addresses.
k. Violate any local, state, provincial, national, or other law or regulation, or any order of a court, including, without limitation, zoning restrictions and Tax regulations.
l. Copy, store or otherwise access any information contained on the Site(s), Services or Content for purposes not expressly permitted by these Terms.
m. Infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights.
n. Interfere with or damage the Site(s) or Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology.
o. Use the Site(s) or Services to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers.
p. Use the Site(s) or Services in connection with the distribution of any unsolicited advertisement, promotional materials, junk email, bulk email (also known as “spam”), chain letters, surveys or contests, solicit participation in any pyramid schemes (unless it is on a page that explicitly states that such postings are allowed on that page), or engage in other activity unrelated to renting or leasing residential or commercial space.
q. List any properties or make any offer through the Site unless you have the authority to do so.
r. Sign-up for more than one Account or sign-up for an Account on behalf of an individual other than yourself.
s. Contact a user for any purpose other than asking a question related to a listing.
t. Submit any listing with a false or misleading price information, or submit any listing with a price that you do not intend to honor.
u. Use the Site(s) or Services for any commercial or other purposes that are not expressly permitted by these Terms.
10.1 WE MAKE NO WARRANTIES, WHETHER EXPRESS OR IMPLIED IN RELATION TO THE ACCURACY OF ANY INFORMATION ON THE SITE(S). THE SITE(S) IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY REPRESENTATION. WE MAKE NO WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, IN RELATION TO THE SITE(S), INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, COMPATIBILITY, SECURITY, ACCURACY, CONDITION OR COMPLETENESS, OR ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OR TRADE.
10.2 WE MAKE NO WARRANTY THAT THE SITE(S) WILL MEET YOUR REQUIREMENTS OR WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE(S) OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR BUGS OR ARE FULLY FUNCTIONAL, ACCURATE, OR RELIABLE.
10.4 WE ARE NOT RESPONSIBLE FOR ANY FAILURE TO ACCESS OR USE THE SITE(S) OR SERVICES OR FOR FAILURES CAUSED BY SERVER ERRORS, MISDIRECTED OR REDIRECTED TRANSMISSIONS, FAILED INTERNET CONNECTIONS, LOST, INTERRUPTED, OR UNAVAILABLE CONNECTIONS OF ANY KIND, MISCOMMUNICATIONS OR FAILED TRANSMISSIONS OF DATA, OR ANY COMPUTER VIRUS OR OTHER TECHNICAL DEFECT OR ERROR RELATING TO THE SITE OR SERVICES.
10.5 NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM US OR THROUGH THE SITE(S), APPLICATION, SERVICES OR COLLECTIVE CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
10.6 YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND
INTERACTIONS WITH OTHER USERS OF THE SITE(S) OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE OR SERVICES. YOU UNDERSTAND THAT WE DO NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SITE(S) OR SERVICES OR TO REVIEW OR VISIT ANY PROPERTIES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE(S) OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE(S) OR SERVICES, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON REGARDLESS OF WHETHER SUCH MEETINGS ARE ORGANIZED OR FACILITATED BY BHA. BHA EXPLICITLY DISCLAIMS ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY USER OR OTHER THIRD PARTY.
10.7 BHA has no control over and does not guarantee (i) the existence, quality, safety, suitability, or legality of any listings, (ii) the truth or accuracy of any listing descriptions, reviews, or other User Content, or (iii) the performance or conduct of any member or third-party. When users of the Site make a transaction through the Site, they are entering into a contract directly with each other. BHA is not and does not become a party to or other participant in any contractual relationship, nor is it a real estate broker or insurer.
10.8 If you choose to use the BHA platform, your relationship with BHA is limited to being an independent, third-party contractor, and not an employee, agent, joint venturer or partner of BHA for any reason, and you act exclusively on your own behalf and for your own benefit, and not on behalf, or for the benefit of BHA.
11. Limitations on Liability
WE WILL NOT BE LIABLE FOR ANY ECONOMIC LOSSES (INCLUDING WITHOUT LIMITATION LOSS OF REVENUES, PROFITS, CONTRACTS, BUSINESS OR ANTICIPATED SAVINGS) OR ANY LOSS OF GOODWILL OR REPUTATION, OR ANY LOSS OR CORRUPTION OF DATA, OR ANY SPECIAL OR INDIRECT OR CONSEQUENTIAL LOSSES ARISING OUT OF YOUR USE OF THE SITE(S); IN ANY CASE WHETHER OR NOT SUCH LOSSES WERE WITHIN THE CONTEMPLATION OF US AT THE DATE ON WHICH THE EVENT GIVING RISE TO THE LOSS OCCURRED. THIS INCLUDES BUT IS NOT LIMITED TO ANY INJURY CAUSED BY ANY VIRUSES, BUGS, HUMAN ACTION OR INACTION OR ANY COMPUTER SYSTEM, PHONE LINE, HARDWARE, SOFTWARE, OR PROGRAM MALFUNCTIONS, OR ANY OTHER ERRORS, FAILURES OR DELAYS IN COMPUTER TRANSMISSIONS OR NETWORK CONNECTIONS, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY. IF YOU CHOOSE TO CREATE A LISTING ON BHA, OR TO INQUIRE ABOUT A LISTING, OR ENTER INTO AN AGREEMENT AS A RESULT OF A LISTING, YOU UNDERSTAND AND AGREE THAT YOUR RELATIONSHIP WITH BHA IS LIMITED TO BEING A MEMBER OF THE SITE, NOT AN EMPLOYEE, AGENT, JOINT VENTURER OR PARTNER OF BHA. IN MAKING LISTINGS AVAILABLE TO YOU OR ALLOWING YOU ACCESS TO THE SITE, BHA IS NOT ACTING ON YOUR OWN BEHALF OR FOR YOUR BENEFIT. BHA DOES NOT CONTROL, AND HAS NO ABILITY OR RIGHT TO VERIFY OR CONTROL EVERY ASPECT OF THE LISTINGS, OFFLINE ACTIVITIES ASSOCIATED WITH LISTINGS, OR ANY OTHER MATTERS RELATED TO ANY LISTINGS. BHA MAKES NO GUARANTEE OR WARRANTY WITH RESPECT TO THE ACCURACY OF ANY LISTING ON THE SITE. AS A MEMBER, YOU AGREE NOT TO DO ANYTHING TO CREATE A FALSE IMPRESSION THAT YOU ARE ENDORSED BY, PARTNERING WITH, OR ACTING ON BEHALF OF OR FOR THE BENEFIT OF BHA, INCLUDING BY INAPPROPRIATELY USING ANY BHA LOGO OR INTELLECTUAL PROPERTY. AS A MEMBER, YOU AGREE NOT TO HOLD, OR ATTEMPT TO HOLD BHA RESPONSIBLE FOR ANY FALSE OR MISLEADING STATEMENT, OR MATERIAL OMISSION MADE IN ANY LISTING CREATED BY A BHA MEMBER.
YOU AGREE TO BE FULLY RESPONSIBLE FOR (AND FULLY INDEMNIFY, DEFEND AND HOLD HARMLESS US AGAINST) ALL CLAIMS, LIABILITY, DAMAGES, LOSSES, COSTS AND EXPENSES, INCLUDING LEGAL FEES, SUFFERED BY US AND ARISING OUT OF ANY USER CONTENT YOU POST TO THE SITE(S) AND ANY BREACH OF YOUR REPRESENTATIONS AND WARRANTIES OR THESE TERMS OF SERVICE BY YOU OR ANY OTHER LIABILITIES ARISING OUT OF YOUR USE OF THE SITE(S), OR THE USE BY ANY OTHER PERSON ACCESSING THE SITE(S) USING YOUR COMPUTER OR INTERNET ACCESS ACCOUNT.
13. Investigations of Violations of These Terms
We may investigate any reported violation of these Terms of Service and take any action that we deem appropriate. Such action may include, but is not limited to, issuing warnings, removing posted content and/or reporting any activity that we suspect violates any law or regulation to appropriate law enforcement officials, regulators, or other third parties.
14. State Specific Notices
14.1 Notice for California Users. Under California Civil Code Section 1789.3, California
Website users are entitled to know that they may file grievances and complaints with: the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs, in writing at 1625 North Market Blvd., Suite N 112, Sacramento CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210 or by email at email@example.com.
14.2 Notice For New Jersey Users. Any disclaimer, limitation of liability, indemnification or damages provisions contained herein shall apply to New Jersey residents or New Jersey transactions only to the extent permitted by New Jersey law or New Jersey public policy.
15. Choice of Law, Binding Arbitration Clause
15.1 These Terms will be interpreted in accordance with the laws of the State of California and the United States of America, without regard to its conflict-of-law provisions. By visiting the Site(s), you agree that, except as otherwise specified herein, the laws of the State of California without regard to principles of conflict of laws, will govern any dispute of any sort that might arise between us or any of our affiliates regarding your visit and use of the Site(s) and Services.
15.2 We and you agree that in the event of any dispute, the party wishing to address the dispute must contact the other party in writing, including by e-mail, and advise the other party of the dispute in reasonable detail as well as informing the other party of the remedy being sought. We may send you notices via the email address or physical address you provide to us, and all notices to us shall be sent to the following email address: firstname.lastname@example.org and include the words “DISPUTE NOTICE” in the subject. The parties shall then make a good faith effort to resolve the dispute before
resorting to more formal means of resolution. In the event that the dispute is not resolved through this procedure, the party raising the dispute may proceed to mandatory arbitration as set forth below.
(a) Place of Arbitration Hearings. Unless you elect to conduct the arbitration by telephone or written submission, an in-person arbitration hearing will be conducted at a JAMS facility in your area or at a JAMS facility in California.
(b) Selection of Arbitrator shall be made pursuant to JAMS’ Streamlined Arbitration Rules & Procedures or JAMS’ Comprehensive Arbitration Rules & Procedures, depending on the amount of the claim as specified herein.
(c) Conduct of Arbitration. The arbitration shall be conducted by a single neutral arbitrator under JAMS’ Streamlined Arbitration Rules & Procedures. For claims exceeding $5,000.00, the arbitration shall be conducted under JAMS’ Comprehensive Arbitration Rules & Procedures Subject to the applicable JAMS procedure, the arbitrator shall allow reasonable discovery in the forms permitted by the Federal Rules of Civil Procedure, to the extent consistent with the purpose of the arbitration. The arbitrator(s) shall have no power or authority to amend or disregard any provision of this section or any other provision of these Terms of Service, except as necessary to comply with JAMS’ Policy on Consumer Arbitrations Pursuant to Pre-Dispute Clauses Minimum Standards of Procedural Fairness. The arbitration hearing shall be commenced promptly and conducted expeditiously. If more than one day is necessary, the arbitration hearing shall be conducted on consecutive days unless otherwise agreed in writing by the parties.
(d) Findings and Conclusions. The arbitrator(s) shall, after reaching judgment and award, prepare and distribute to the parties written findings of fact and conclusions of law relevant to such judgment and award and containing an opinion setting forth the reasons for the giving or denial of any award. The award of the arbitrator(s) shall be final and binding on the parties, and judgment thereon may be entered in a court of competent jurisdiction.
(e) Costs and Fees. You will be subject to a filing fee, set by JAMS, to initiate the arbitration. To the extent permitted by JAMS procedures, each party shall bear its own costs and expenses and an equal share of the arbitrators’ and administrative fees of arbitration, and we will remain responsible for its share of costs, expenses and fees plus any costs, expenses and fees required under JAMS procedures.
(f) Litigation. The Federal Arbitration Act and federal arbitration law apply to these Terms. Either party also may, without waiving any remedy under these Terms, seek from any court having jurisdiction any interim or provisional relief that is necessary to protect the rights or property of that party, pending the establishment of the arbitral tribunal (or pending the arbitral tribunal’s determination of the merits of the controversy).
(g) Notwithstanding the arbitration clause herein, the parties also agree that we may bring suit in a court located in Los Angeles, California, to enjoin infringement or other misuse of our intellectual property rights.
16. Class-Action Waiver
Any arbitration, claim or other proceedings by or between you and us shall be conducted on an individual basis and not in any class action, mass action, or on a consolidated or representative basis. You further agree that the arbitrator shall have no authority to award class-wide relief or to combine or aggregate similar claims or unrelated transactions. You acknowledge and agree that this agreement specifically prohibits you from commencing arbitration proceedings as a representative of others. If for any reason a claim proceeds in court rather than in arbitration, each party waives any right to a jury trial. 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.
17.1 If any part of these Terms of Service shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from these Terms of Service and shall not affect the validity and enforceability of any of the remaining provisions of the Terms of Service.
18. Contact Information
You may send us notices or communicate with us by email to email@example.com. If you send us an email that asks for a response, and you do not receive a response within ten (10) business days, please send us another email as we may not have received your previous email. When you send email to us, you are communicating with us electronically, and you agree that we may
communicate with you electronically. You acknowledge that communications by email are not considered confidential communications. Therefore, please do not send us any confidential information by email.
DATE LAST MODIFIED: January 23, 2021