AGREEMENT BETWEEN USER AND BECCAS HOME, LLC.
Last Updated January 1, 2020
Beccas Home, LLC., its divisions, subsidiaries, and/or affiliates (collectively, “Beccas” or “we” or “us”) provide website features and other products and services to you when you (1) visit or shop at any Beccas website, including without limitation, BeccasHome.com, (2) use Beccas products or services online, through any Beccas mobile application, or in any other electronic medium, (3) use any Beccas mobile applications, (4) manage your account electronically, make online payments, use promotional offers electronically, enter contests and sweepstakes electronically, manage deliveries electronically, request service electronically, (5) visit or shop at any other website or application owned or operated by us, contact customer service representatives, or (6) use software provided by us in connection with any of the foregoing (collectively, “Beccas Services”). The Beccas Services are provided as a service to our customers. Please review these Terms of Service that govern your use of the Beccas Services. The Beccas Services are offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein.
IMPORTANT: PLEASE REVIEW THE ARBITRATION AGREEMENT SET FORTH BELOW CAREFULLY, AS IT WILL REQUIRE YOU TO RESOLVE DISPUTES WITH BECCAS ON AN INDIVIDUAL BASIS THROUGH FINAL AND BINDING ARBITRATION. BY ENTERING THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS OF THIS AGREEMENT AND HAVE TAKEN THE TIME TO CONSIDER THE CONSEQUENCES OF THIS IMPORTANT DECISION.
MODIFICATION/ADDITIONS TO TERMS OF SERVICE
We reserve the right to change the terms, conditions, and notices under which the Beccas Services are offered, including but not limited to any charges associated with the use of the Beccas Services. At certain places within the Beccas Services, there may be additional or other terms, conditions, and policies that apply to your use of that Service. By using those Beccas Services, you agree to abide by those terms, conditions, and policies. We may change those terms and policies from time to time. Beccas will not “retroactively” change these Terms of Service, and any modifications Beccas makes shall take effect proactively, once you next access the Beccas Services. By continuing to use the Beccas Services after we post any changes, you accept and agree to those terms, conditions, and policies, as modified. Please feel free to print out a copy of this Agreement for your records.
THIRD PARTY CONTENT AND LINKS TO THIRD PARTY SITES
The Beccas Services may display, include, or make available third-party content (including data, information, applications, and other products, services, and/or materials) or contain links to the sites of others, including, but not limited to, unaffiliated third-party vendors and promotional partners (“Third-Party Materials”). The Third-Party Materials may contain our trademarks, logos, and intellectual property as we may license third parties this right from time to time. Regardless, the Third-Party Materials are not under our control and we are not responsible for the contents of any Third-Party Materials, including without limitation any content or link contained in Third-Party Materials, or any changes or updates to Third-Party Materials. We are not responsible for webcasting or any other form of transmission received from any Third-Party Materials. We are providing the content and links to you only as a convenience, and the inclusion of any content or link does not imply endorsement by us of the Third-Party Materials or any association with the owners or operators of the Third-Party Materials. You acknowledge and agree that Beccas is not responsible for Third-Party Materials, including its accuracy, completeness, timeliness, validity, intellectual property compliance, legality, decency, quality, or any other aspect thereof. Beccas does not assume and will not have any liability or responsibility to you or any other person or entity for any Third-Party Materials. Your access to and use of Third-Party Materials is entirely at your own risk and subject to each third party’s terms and conditions.
We may use web beacons, pixel tags, .gif files, and the like, that allow for the collection of information about your interactions on the Beccas Services. These technologies may be used, for example, to place advertisements, to understand site traffic patterns and the number of visitors to the Beccas Services, and to measure the effectiveness of advertisements or the Beccas Services. Web beacons, and the like, also enable third-parties involved in advertising operations to recognize your browser as you navigate to other websites and are necessary for the online delivery or placement of certain types of ads. By accepting these terms you provide your prior consent for Beccas to collect this information from any device you use to access the Beccas Services, including but not limited to, Beccas-leased devices, devices leased by Beccas subsidiaries or affiliates, user-owned devices, or devices owned by third parties.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the Beccas Services, you warrant to us that you will not use the Beccas Services for any purpose that is unlawful or prohibited by these Terms of Service. You may not use Beccas Services in any manner which could damage, disable, overburden, or impair the Beccas Services or interfere with any other party’s use and enjoyment of the Beccas Services. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Beccas Services.
MATERIALS PROVIDED TO OR POSTED ON THE BECCAS SERVICES
You may post reviews, comments, photos, videos, and other content, and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam” or unsolicited commercial electronic messages. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of the content you share, post, or submit. Beccas reserves the right (but not the obligation) to remove or edit such content but does not regularly review posted content. We do not claim ownership of the content or materials that you provide to us, but if you do provide, post, upload, input, or submit content or materials (including without limitation, reviews, photos, comments, video, feedback, suggestions, or other content), you hereby grant Beccas and any affiliated third parties, franchisees, sublicensees, unaffiliated third party vendors, and promotional partners, a nonexclusive, royalty-free, worldwide, perpetual, irrevocable, and fully sublicensable right to use, repost, reproduce, transmit, modify, adapt, publish, perform, translate, reformat, create derivative works from, distribute, and display such content and materials in any type of media for any purpose whatsoever, and combine such content and materials with data from other websites, mobile applications, and sources. You grant Beccas and sublicensees the right to use the name that you submit in connection with such content, if we choose, along with your city and state/province. No compensation will be paid with respect to the use of your content or materials as provided herein. By posting, inputting, providing or submitting content or materials, you represent and warrant that you own or otherwise control all of the rights to such content and materials, that the content or materials are accurate, that use of the content or materials that you supply does not violate these Terms of Service and will not cause injury to any person or entity, and that you will indemnify Beccas for all claims resulting from content or materials that you supply. Beccas has the right but not the obligation to monitor and edit or remove any materials, activity, or content. Beccas takes no responsibility and assumes no liability for any content or materials posted by you or any third party. We are under no obligation to post or use any content or materials you may provide and may remove any content or materials at any time in our sole discretion. We reserve the right at all times to disclose any information regarding any content or materials as necessary to satisfy any applicable law, regulation, legal process, or governmental request, in our sole discretion.
COPYRIGHT AND TRADEMARK NOTICES
All content included in or made available through the Beccas Services, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software is the property of Beccas or its content suppliers and protected by United States and international copyright laws. The compilation of all content included in or made available through the Beccas Services is the exclusive property of Beccas and protected by U.S. and international copyright laws. All rights reserved.
The trademarks, trade dress, logos, and service marks displayed on the Beccas Services (collectively the “Trademarks”) are our registered and unregistered trademarks or those of our affiliates or suppliers in the U.S. and other countries. Under no circumstances may you copy, alter, modify, or change the Trademarks. Nothing contained in the Beccas Services should be construed as granting any license or right to use any of the Trademarks without our express permission. Any rights not expressly granted herein are reserved. All trademarks not owned by Beccas that appear in any of the Beccas Services are the property of their respective owners.
One or more patents owned by Beccas may apply to the Beccas Services and/or to the products, features and services accessible via the Beccas Services.
INTELLECTUAL PROPERTY INFRINGEMENT
Beccas respects the intellectual property of others. If you believe that your intellectual property rights are being infringed, please submit written claims to:
Beccas Home Legal Department
Written claims concerning infringement must include the following information:
- A physical or electronic signature of the person authorized to act on behalf of the owner of the intellectual property interest;
- A description of the work that you claim has been infringed upon;
- A description of where the material that you claim is infringing is located within the Beccas Services;
- Your address, telephone number, and e-mail address;
- A statement by you that you have a good-faith belief that the disputed use is not authorized by the owner, its agent, or the law; and
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the owner or authorized to act on the owner’s behalf.
LICENSE AND ACCESS
You acknowledge and agree that the Beccas Services are licensed, not sold, to you. All right, title and interest in the Beccas Services and any content contained herein is our exclusive property, except as otherwise stated. Subject to your strict compliance with these Terms of Service (and your payment of any fees, if applicable), Beccas grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access, stream, download, install, and make personal and non-commercial use, as applicable and at your expense, of the Beccas Services. This license does not include any resale or commercial use of any of the Beccas Services, or its contents, any collection and use of any product listings, descriptions, or prices, any derivative use of any of the Beccas Services or its contents, any downloading, copying, or other use of account information for the benefit of any third party, or any use of data mining, scraping, robots, or similar data gathering and extraction tools. In addition, this license does not allow you to:
- use the Beccas Services on any devices that you do not own or have a right to control and operate;
- copy the Beccas Services;
- modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable, of the Beccas Services;
- reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the Beccas Services or any part of the Beccas Services;
- remove, delete, alter, or obscure any trademarks or any copyright, patent, or other intellectual property or proprietary rights notices from the Beccas Service, including any copy of these notices;
- rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the Beccas Services, or any features or functionality of the Beccas Services, to any third party for any reason.
All rights not expressly granted to you in these Terms of Service are reserved and retained by Beccas or its licensors, suppliers, publishers, rightsholders, or other content providers. None of the Beccas Services, nor any part of the Beccas Services, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Beccas. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Beccas without express written consent. You may not use any meta tags or any other “hidden text” utilizing Beccas name or trademarks without the express written consent of Beccas. You may not misuse the Beccas Services.
We reserve the right, in our sole discretion, to terminate your access to the Beccas Services and the related services or any portion thereof at any time, without notice.
ADDITIONAL SOFTWARE TERMS
The following terms (“Software Terms”) apply to any software (including any updates or upgrades to the software) and any related documentation we make available to you in connection with the Beccas Services, including any mobile application we make available to you (the “Beccas Software”).
- Use of the Beccas Software. You may use Beccas Software solely for purposes of enabling you to use the Beccas Services as provided by Beccas, and as permitted by these Terms of Service. You may not incorporate any portion of the Beccas Software into other programs or compile any portion of it in combination with other programs, or otherwise copy (except to exercise rights granted in this section), modify, create derivative works of, distribute, assign any rights to, or license the Beccas Software in whole or in part. All software used in the Beccas Services is the property of Beccas or its software suppliers and is protected by United States and international copyright laws.
- No Reverse Engineering. You may not reverse engineer, decompile or disassemble, tamper with, or bypass any security associated with the Beccas Software, whether in whole or in part.
- Updates. We may from time to time in its sole discretion offer automatic or manual updates to the Beccas Services and Beccas Software without notice to you. Updates may include upgrades, bug fixes, patches, other error corrections, and new features. Such updates may also modify or delete in their entirely certain features and functionality. You agree that Beccas has no obligation to provide any updates or to continue to provide or enable any particular features or functionality. Based on your device settings, when connected to the internet, the Beccas Services will either automatically download and install all available updates, or you may receive notice of or be prompted to download and install available updates. You agree to promptly download and install all updates and acknowledge and agree that the Beccas Services or portions thereof may not properly operate should you fail to do so. You further agree that all updates are deemed part of the Beccas Services and are subject to all terms and conditions of this Agreement.
- Government End Users. If you are a U.S. Government end user, we are licensing the Beccas Software to you as a “Commercial Item” as that term is defined in the U.S. Code of Federal Regulations (see 48 C.F.R. § 2.101), and the rights we grant you to the Beccas Software are the same as the rights we grant to all others under these Terms of Service.
- Conflicts. In the event of any conflict between these Terms of Service and any other Beccas or third-party terms applicable to any portion of Beccas Software, such as open-source license terms, such other terms will control as to that portion of the Beccas Software and to the extent of the conflict.
You may need an Beccas account to use certain Beccas Services, and you may be required to be logged into the account and have a valid payment method associated with it. If there is a problem charging your selected payment method, we may charge any other valid payment method associated with your account. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account or password. Your credentials should be unique, difficult to guess, different from your other credentials, and should not be shared with others. Beccas does not sell or lease products or provide services to children. Beccas reserves the right to refuse service, terminate accounts, terminate your rights to use the Beccas Services, remove or edit content, or cancel orders in its sole discretion.
When you use apps created by Beccas you may grant certain permissions to us for your device. Most mobile devices provide you with information about these permissions. You can view permissions in apps created by Beccas by following these instructions.
For most Android devices:
- Open the main Settings app.
- Select Apps or Application Manager.
- Select an app.
- Scroll to Permissions to see the features the app has permission to use.
For most iOS devices:
- Open the iOS Settings screen.
- Select the app to see the features the app has permission to use.
For most Windows devices:
- On the Start screen, tap or click Store to open the Windows Store.
- Search or browse for an app, and then tap or click it.
- Scroll to the Details section of the app’s description page to see the features the app has permission to use.
DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
THE INFORMATION, CONTENT, SOFTWARE, APPLICATIONS, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE BECCAS SERVICES MAY INCLUDE INACCURACIES OR ERRORS. CHANGES ARE PERIODICALLY MADE TO THE BECCAS SERVICES AND WE MAY MAKE CHANGES TO THE BECCAS SERVICES AT ANY TIME. ADVICE RECEIVED VIA THE BECCAS SERVICES SHOULD NOT BE RELIED UPON FOR PERSONAL, LEGAL, OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION. YOU ACKNOWLEDGE THAT THERE ARE INHERENT RISKS TO PROVIDING PERSONAL INFORMATION AND ACCOUNT NUMBERS OVER THE INTERNET. ALWAYS USE CAUTION WHEN GIVING OUT ANY PERSONALLY IDENTIFYING INFORMATION ABOUT YOURSELF. YOU AGREE TO DETERMINE WHETHER THE BECCAS SERVICES ARE SUFFICIENTLY SECURE TO MEET YOUR NEEDS. YOU UNDERSTAND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM ANY MATERIAL AND/OR DATA ACCESSED OR DOWNLOADED FROM OR OTHERWISE PROVIDED THROUGH THE BECCAS SERVICES. THE BECCAS SERVICES AND ALL INFORMATION, SOFTWARE, APPLICATIONS, PRODUCTS, SERVICES, AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. NEITHER WE NOR OUR SUPPLIERS MAKE ANY REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, APPLICATIONS, PRODUCTS, SERVICES, AND RELATED GRAPHICS CONTAINED IN THE BECCAS SERVICES FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BECCAS, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES, FRANCHISEES, AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER WRITTEN, ORAL, EXPRESS, IMPLIED, LEGAL, STATUTORY, CONTRACTUAL, EXTRA-CONTRACTUAL, DELICTUAL OR IN TORT, AND WHETHER ARISING BY LAW, STATUTE, USAGE OF TRADE, CUSTOM, COURSE OF DEALING OR PERFORMANCE, OR THE PARTIES’ CONDUCT OR COMMUNICATION WITH ONE ANOTHER, OR AS A RESULT OF THE NATURE OF THIS AGREEMENT OR IN CONFORMITY WITH USAGE, EQUITY OR LAW, OR OTHERWISE, INCLUDING WITHOUT LIMITATION ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, WORKMANSHIP, CONFORMITY, FITNESS FOR A PARTICULAR PURPOSE OR GENERAL PURPOSE, TITLE, OWNERSHIP, AND NON-INFRINGEMENT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE, AND EACH OF OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, FRANCHISEES, REPRESENTATIVES, AGENCIES, AND SUPPLIERS, BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, (I) DAMAGES FOR LOSS OF USE, DATA, PROFITS, REVENUE, OR GOODWILL, (II) THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, (III) PERSONAL INJURY, (IV) PROPERTY DAMAGE, (V) BUSINESS INTERRUPTION, OR (VI) COMPUTER, MOBILE DEVICE, OR ELECTRONIC DEVICE FAILURE OR MALFUNCTION, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE BECCAS SERVICES, WITH THE DELAY OR INABILITY TO USE THE BECCAS SERVICES OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE THE BECCAS SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, APPLICATIONS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE BECCAS SERVICES, OR OTHERWISE ARISING OUT OF THE USE OF THE BECCAS SERVICES, WHETHER BASED ON CONTRACT, EXTRA-CONTRACTUAL LIABILITY, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE, AND EVEN IF WE OR ANY OF OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, REPRESENTATIVES, FRANCHISEES, AGENCIES, OR SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES/JURISDICTIONS, OUR LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH LOCAL LAW. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE BECCAS SERVICES, OR WITH ANY OF THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE BECCAS SERVICES.
You agree to defend, indemnify, and hold Beccas harmless (including our parents, subsidiaries, franchisees, and affiliates, and all of our and their respective officers, directors, employees, agents, licensors, and suppliers) against all claims, losses, expenses, damages and costs (including reasonable attorneys’ fees) arising from or related to your use of the Beccas Services or breach of these Terms of Service. At our expense and election, we reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you and you agree to cooperate with us in connection with our defense. Your indemnification obligation shall survive the termination of these Terms of Service.
DISPUTES/ARBITRATION/CLASS ACTION WAIVER
- DISPUTES SUBJECT TO INDIVIDUAL ARBITRATION/ CLASS ACTION WAIVER YOU AND WE AGREE THAT ANY AND ALL DISPUTES ARISING OUT OF OR RELATING IN ANY WAY TO THE BECCAS SERVICES (“Disputes”) SHALL BE RESOLVED EXCLUSIVELY IN BINDING ARBITRATION RATHER THAN LITIGATION IN COURT. This Agreement to arbitrate applies to all Disputes, whether based in contract, tort, statute, or any other legal or equitable theory. Notwithstanding this Arbitration Agreement, you or Beccas may bring Disputes in an appropriate small claims court so long as the relief requested falls within the jurisdiction of the small claims court, but neither you nor Beccas may bring claims in any other court. You and we agree that any questions about the scope or enforceability of this Arbitration Agreement will be decided by a court, not the arbitrator. You agree that we may file a lawsuit in court to enjoin infringement or other misuse of intellectual property rights.
YOU AND WE EXPRESSLY AGREE THAT ANY DISPUTE RESOLUTION WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. YOU EXPRESSLY WAIVE ANY ABILITY TO BRING A CLASS OR REPRESENTATIVE ACTION IN ARBITRATION OR TO SEEK RELIEF ON BEHALF OF A CLASS IN ARBITRATION. YOU ALSO EXPRESSLY WAIVE ANY RIGHT TO BRING A CLASS ACTION IN COURT OR TO PARTICIPATE OR OBTAIN BENEFITS IN A CLASS ACTION SOMEONE ELSE BRINGS IN COURT. You and we acknowledge that this class action waiver is integral to the Arbitration Agreement. If a court or arbitrator determines that the class action waiver is invalid or unenforceable, you and we both agree that this Arbitration Agreement will not apply, and any Dispute shall be resolved in court. That is, you and we agree that this class action waiver cannot be severed from this Arbitration Agreement. It is the express intention of both parties not to proceed with any Dispute by way of class arbitration. We also both agree that you or we may bring suit to enjoin infringement or other misuse of intellectual property rights. Arbitration is a process to resolve disputes before a neutral person (an arbitrator) instead of having a trial in court with a judge and/or jury. THEREFORE, BY ENTERING INTO THIS ARBITRATION AGREEMENT, YOU ARE WAIVING YOUR RIGHTS TO TRIAL BY JURY. YOU ARE ALSO WAIVING YOUR RIGHTS TO BRING CLAIMS IN COURT AND TO BRING OR PARTICIPATE IN A CLASS ACTION. An arbitrator can award the same damages and relief as a court except that, in the case of injunctive or declaratory relief, an arbitrator cannot issue an injunction or declaratory judgment that extends beyond you and Beccas and affects Beccas obligations or liability to other parties. An arbitrator can, however, issue an injunction or declaratory judgment on your claims so long as it is limited to providing you with individual relief. Arbitration is more informal than litigation and generally provides a quicker and more cost-effective way to resolve Disputes, but there is only limited discovery in arbitration, and there is only very limited review of an arbitrator’s decision.
- ARBITRATION PROCEDURES AND RULES You and Beccas agree that this Arbitration Agreement is subject to and governed by the Federal Arbitration Act, 9 U.S.C. Section 1, et seq. Arbitration shall be conducted by the American Arbitration Association (“AAA”) pursuant to its Commercial Arbitration Rules and Consumer Related Disputes Supplemental Procedures. Those rules are available at www.adr.org. or by calling the AAA at 1-800-778-7879. A single arbitrator will decide our Disputes. To initiate an arbitration, you must file a demand for arbitration with the AAA, following the AAA’s rules and procedures as set forth at www.adr.org. Arbitration shall be held in the state in which you reside at the time you initiate the arbitration. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.
- COSTS AND ATTORNEY’S FEES IN ARBITRATION If you file an arbitration claim against Beccas hereunder, Beccas agrees to pay the AAA initial filing fee on your behalf for claims totaling less than $1,000, unless the arbitrator determines that the claims are frivolous. Except for such initial filing fee, you and we agree that we will each be responsible for our own costs and attorneys’ fees in arbitration. The arbitrator’s fees will be divided between us as set forth in the AAA’s Consumer Related Disputes Supplemental Procedures. If you are the prevailing party in the arbitration, Beccas agrees to pay you for any arbitrator fees you paid in the arbitration or to pay the arbitrator for any fees owed by you. If you prevail in the arbitration and are entitled to recover your attorneys’ fees or costs under an applicable statute or common law doctrine, then the arbitrator has the authority to award you such fees and costs but is not required to do so. Beccas agrees that it will not seek to recover its attorneys’ fees and costs from you even if it prevails in the arbitration and is entitled to recover those fees and costs under an applicable statute or common law doctrine, unless the arbitrator determines that the claims are frivolous.
CUSTOMER TRANSACTION – CONFLICTS
You expressly agree that these Terms of Service for use of the Beccas Services are independent and separate from the contract for a purchase or lease transaction that you enter into with us, including the Beccas Arbitration Agreement entered into in connection with a purchase or lease transaction. Any lease transaction with us is governed by your Lease Purchase Agreement, Rent to Own Agreement, Consumer Rental Purchase Agreement, Lease Agreement with an Option to Purchase, Lease Agreement, or Rental Purchase Agreement (as denominated under state law) and is the only contract between you and us with respect to the merchandise and services set forth in that contract. Nothing in these Terms of Service should be interpreted to change or modify any terms of that contract, or the Beccas Arbitration Agreement entered into in connection with a purchase or lease contract, or to create a separate contract between you and us regarding the purchase or lease transaction. In the event of any conflict between these Terms of Service and the contract covering your purchase or lease transaction or the Beccas Arbitration Agreement entered into in connection with a purchase or lease contract, the contract covering your purchase or lease transaction and such Beccas Arbitration Agreement, will apply and prevail.
When you use the Beccas Services, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you may be communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on or through the Beccas Services, and you can retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. Your cellular provider’s message & data rates may apply to your use of the Beccas Services, and payment is your responsibility.
TEXT/SMS WIRELESS CALLING POLICY
Account Management: When you provide Beccas with your phone number, you expressly consent to Beccas or its agent(s) sending you text messages to any phone number(s) you provide to Beccas or that Beccas obtains for you regarding your account, account management, payments, payment arrangements, delivery, account surveys, your Beccas membership (if applicable), and any other account related information (collectively, “Account Communications”). This consent includes telephone calls or text/SMS messages placed using an artificial or pre-recorded voice or an automatic telephone dialing system or predictive dialer. You understand that, when you receive such calls or texts, you may incur a charge from the company that provides you with telecommunications, wireless and/or internet services. You agree that Beccas will not be liable to you in any way for calls or texts placed pursuant to this consent. Beccas will send up to 12 text messages per month with Account Communications. The number of Account Communications text messages sent each month related to your account depends on your account activity during the month.
All Messages: Your cellular provider’s message & data rates may apply, and payment is your responsibility. Text messages will be sent via automatic telephone dialing system or through other automated software. Beccas cannot guarantee message delivery. You agree to notify us immediately if you change your mobile phone number. If we modify this Text/SMS Wireless Calling Policy, we will notify you by sending you a text message with a link to the new policy. We may terminate our text message program at any time.
(i) If you wish to stop receiving Account Communications text messages, reply to any text message we sent to you by texting the word STOP. You agree to receive a final text message confirming your opt-out. Opting out of text messages related to Account Communications, will not stop Marketing Communications text messages.
(ii) If you wish to stop receiving Marketing Communications text messages, reply to any text message we sent to you by texting the word STOP. You agree to receive a final text message confirming your opt-out. Opting out of text messages related to Marketing Communications, will not stop Account Communications text messages.
Help or Support: If at any time you need additional information or information on how to stop text messages, reply to any text message we sent to you and send a text message with the keyword HELP. We can answer any questions you may have regarding the program.
Participating Carriers: AT&T, Sprint/Boost/Virgin, T-Mobile/MetroPCS, Verizon Wireless, C Spire Wireless, Carolina West Wireless (CWW), CellCom USA, Google Voice, U.S. Cellular, ACS/Alaska, Advantage Cellular (DTC Wireless), Aio Wireless/Cricket, Appalachian Wireless, Atlantic Tele-Network International (ATN), Bandwidth, Bluegrass Cellular, Buffalo Wireless, CableVision, Cellular Network Partnership (PIONEER), Cellular One of East Central Illinois, Chariton Valley Cellular, Chat Mobility USA, ClearTalk(Flat Wireless), Copper Valley, Coral Wireless (Mobi PCS), Cross Telephone Company (MBO Wireless), Duet IP (Maximum Communications New Core Wireless), Element Mobile (Flat Wireless), Epic Touch (Elkhart Telephone), GCI Communications Corp, Golden State Cellular, i Wireless (IOWA Wireless), Illinois Valley Cellular (IV Cellular), Immix(Keystone Wireless), Inland Cellular Telephone Company, Leaco, Mosaic (Consolidated or CTC Telecom), MTA Communications, MTPCS (Cellular One Nation), Nex-Tech Wireless, Northwest Missourri Cellular Limited, Panhandle Telecommunications Systems(PTCI), Peoples Wireless, Pine Belt Wireless, Pine Cellular, Revol Wireless USA, RINA, Sagebrush Cellular (Nemont), SI Wireless/Mobile Nation, SouthernLinc, SRT Wireless, Texas RSA 3 Ltd(Plateau Wireless), Thumb Cellular, Union Telephone Company(Union Wireless), United Wireless, Viaero Wireless, West Central Wireless (5 Star Wireless).
Participating carriers are not liable for delayed or undelivered messages.
SANCTIONS AND EXPORT POLICY
You may not use any of the Beccas Services if you are the subject of U.S. sanctions or of sanctions consistent with U.S. law imposed by the governments of the country where you are using the Beccas Services. You must comply with all U.S. or other export and re-export restrictions that may apply to goods, software (including Beccas Software), technology and services.
For questions about these Terms of Service, the Beccas Services, or if you believe that we have not adhered to these Terms of Service, please contact us at Beccas Home LLC, at email@example.com. We will use commercially reasonable efforts to respond to and remedy any problems.