BUYONTRUST.COM

TERMS OF SERVICE

 

Agreement between User and Dorado Management LLC d/b/a BuyOnTrust.com

 

Dorado Management LLC d/b/a BuyOnTrust.com its divisions, subsidiaries, and/or affiliates (collectively, “Buy on Trust” or “we” or “us”) provide website features and other products and services to you when you (1) visit or shop at buyontrust (the Website), (2) use Buy on Trust’s services online, through any Buy on Trust mobile application, or in any other electronic medium, (3) use any Buy on Trust 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, “Buy on Trust Services”). The Buy on Trust Services are provided as a service to our customers. Please review these Terms of Service that govern your use of the Buy on Trust Services. The Buy on Trust Services are offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein.

 

Please read these Terms of Service carefully. By using any of the Buy on Trust Services, you: (i) agree to all such terms, conditions, and notices; (ii) acknowledge that you have read and understood these Terms of Service; (iii) represent that you are 18 or older; (iv) consent to be legally bound by these Terms of Service; and (v) consent and agree to the contents of Buy on Trust Privacy Policy described below. If you do not agree to these Terms of Service, do not use the Buy on Trust Services or download any applications.

 

IMPORTANT: PLEASE REVIEW THE ARBITRATION AGREEMENT SET FORTH BELOW CAREFULLY, AS IT WILL REQUIRE YOU TO RESOLVE DISPUTES WITH BUY ON TRUST 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.

 

1. PRIVACY

We respect the privacy of our visitors to and users of the Buy on Trust Services. Please review our Privacy Policy located here. By accessing, downloading, installing, using, and providing information to or through the Buy on Trust Services, you consent to the data handling practices relating to Buy on Trust methods of collection, processing, disclosure, retention, and destruction of data as set forth in the most current version of Buy on Trust Privacy Policy.

 

2. MODIFICATION/ADDITIONS TO TERMS OF SERVICE

We reserve the right to change the terms, conditions, and notices under which the Buy on Trust Services are offered, including but not limited to any charges associated with the use of the Buy on Trust Services. At certain places within the Buy on Trust Services, there may be additional or other terms, conditions, and policies that apply to your use of that Service. By using those Buy on Trust Services, you agree to abide by those terms, conditions, and policies. We may change those terms and policies from time to time. Buy on Trust will not “retroactively” change these Terms of Service, and any modifications Buy on Trust makes shall take effect proactively, once you next access the Buy on Trust Services. By continuing to use the Buy on Trust 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.

 

3. THIRD PARTY CONTENT AND LINKS TO THIRD PARTY SITES

The Buy on Trust 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 Buy on Trust is not responsible for Third-Party Materials, including its accuracy, completeness, timeliness, validity, intellectual property compliance, legality, decency, quality, or any other aspect thereof. Buy on Trust 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.

 

4. REGISTRATION/ACKNOWLEDGEMENT

We may use web beacons, pixel tags, .gif files, and the like, that allow for the collection of information about your interactions on the Buy on Trust Services. These technologies may be used, for example, to place advertisements, to understand site traffic patterns and the number of visitors to the Buy on Trust Services, and to measure the effectiveness of advertisements or the Buy on Trust 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 Buy on Trust to collect this information from any device you use to access the Buy on Trust Services, including but not limited to, Buy on Trust-leased devices, devices leased by Buy on Trust subsidiaries or affiliates, user-owned devices, or devices owned by third parties.

 

5. NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of the Buy on Trust Services, you warrant to us that you will not use the Buy on Trust Services for any purpose that is unlawful or prohibited by these Terms of Service. You may not use Buy on Trust Services in any manner which could damage, disable, overburden, or impair the Buy on Trust Services or interfere with any other party’s use and enjoyment of the Buy on Trust 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 Buy on Trust Services.

 

6. MATERIALS PROVIDED TO OR POSTED ON THE BUY ON TRUST 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. Buy on Trust 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 Buy on Trust 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 Buy on Trust 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 Buy on Trust for all claims resulting from content or materials that you supply. Buy on Trust has the right but not the obligation to monitor and edit or remove any materials, activity, or content. Buy on Trust 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.

 

7. COPYRIGHT AND TRADEMARK NOTICES

All content included in or made available through the Buy on Trust Services, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software is the property of Buy on Trust 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 Buy on Trust Services is the exclusive property of Buy on Trust and protected by U.S. and international copyright laws. All rights reserved.

 

8. TRADEMARKS

The trademarks, trade dress, logos, and service marks displayed on the Buy on Trust 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 Buy on Trust 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 Buy on Trust that appear in any of the Buy on Trust Services are the property of their respective owners.

 

9. PATENTS

One or more patents owned by Buy on Trust may apply to the Buy on Trust Services and/or to the products, features and services accessible via the Buy on Trust Services.

 

11. INTELLECTUAL PROPERTY INFRINGEMENT

 

Buy on Trust respects the intellectual property of others. If you believe that your intellectual property rights are being infringed, please submit written claims to:

 

Buy on Trust Legal Department

1434 Spruce Street

Suite 100,

Boulder, CO 80302

Email: info@buyontrust.com 

Written claims concerning infringement must include the following information:

 

1. A physical or electronic signature of the person authorized to act on behalf of the owner of the intellectual property interest;
2. A description of the work that you claim has been infringed upon;
3. A description of where the material that you claim is infringing is located within the Buy on Trust Services;
4. Your address, telephone number, and e-mail address;
5. 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
6. 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.

 

12. LICENSE AND ACCESS

You acknowledge and agree that the Buy on Trust Services are licensed, not sold, to you. All right, title and interest in the Buy on Trust 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), Buy on Trust 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 Buy on Trust Services. This license does not include any resale or commercial use of any of the Buy on Trust Services, or its contents, any collection and use of any product listings, descriptions, or prices, any derivative use of any of the Buy on Trust 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:

 

1. use the Buy on Trust Services on any devices that you do not own or have a right to control and operate;
2. copy the Buy on Trust Services;
3. modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable, of the Buy on Trust Services;
4. reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the Buy on Trust Services or any part of the Buy on Trust Services;
5. remove, delete, alter, or obscure any trademarks or any copyright, patent, or other intellectual property or proprietary rights notices from the Buy on Trust Service, including any copy of these notices;
6. rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the Buy on Trust Services, or any features or functionality of the Buy on Trust 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 Buy on Trust or its licensors, suppliers, publishers, rightsholders, or other content providers. None of the Buy on Trust Services, nor any part of the Buy on Trust Services, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Buy on Trust. 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 Buy on Trust without express written consent. You may not use any meta tags or any other “hidden text” utilizing Buy on Trust name or trademarks without the express written consent of Buy on Trust. You may not misuse the Buy on Trust Services.

 

13. TERMINATION/ACCESS RESTRICTION

We reserve the right, in our sole discretion, to terminate your access to the Buy on Trust Services and the related services or any portion thereof at any time, without notice.

 

14. 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 Buy on Trust Services, including any mobile application we make available to you (the “Buy on Trust Software”).

 

Use of the Buy on Trust Software. You may use Buy on Trust Software solely for purposes of enabling you to use the Buy on Trust Services as provided by Buy on Trust, and as permitted by these Terms of Service. You may not incorporate any portion of the Buy on Trust 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 Buy on Trust Software in whole or in part. All software used in the Buy on Trust Services is the property of Buy on Trust or its software suppliers and is protected by United States and international copyright laws.

 

Use of Third Party Services. When you use the Buy on Trust Software, you may also be using the services of one or more third parties, such as a wireless carrier or a mobile software provider. Your use of those third-party services may be subject to the separate policies, terms of use, and fees of those third parties.

>No Reverse Engineering. You may not reverse engineer, decompile or disassemble, tamper with, or bypass any security associated with the Buy on Trust 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 Buy on Trust Services and Buy on Trust 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 Buy on Trust 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 Buy on Trust 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 Buy on Trust 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 Buy on Trust 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 Buy on Trust 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 Buy on Trust 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 Buy on Trust or third-party terms applicable to any portion of Buy on Trust Software, such as open-source license terms, such other terms will control as to that portion of the Buy on Trust Software and to the extent of the conflict.

 

15. YOUR ACCOUNT

You may need an Buy on Trust account to use certain Buy on Trust 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. Buy on Trust does not sell or lease products or provide services to children. Buy on Trust reserves the right to refuse service, terminate accounts, terminate your rights to use the Buy on Trust Services, remove or edit content, or cancel orders in its sole discretion.

 

16. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

THE INFORMATION, CONTENT, SOFTWARE, APPLICATIONS, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE BUY ON TRUST SERVICES MAY INCLUDE INACCURACIES OR ERRORS. CHANGES ARE PERIODICALLY MADE TO THE BUY ON TRUST SERVICES AND WE MAY MAKE CHANGES TO THE BUY ON TRUST SERVICES AT ANY TIME. ADVICE RECEIVED VIA THE BUY ON TRUST 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 BUY ON TRUST 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 BUY ON TRUST SERVICES. THE BUY ON TRUST 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 BUY ON TRUST SERVICES FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BUY ON TRUST, 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 BUY ON TRUST SERVICES, WITH THE DELAY OR INABILITY TO USE THE BUY ON TRUST SERVICES OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE THE BUY ON TRUST SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, APPLICATIONS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE BUY ON TRUST SERVICES, OR OTHERWISE ARISING OUT OF THE USE OF THE BUY ON TRUST 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 BUY ON TRUST SERVICES, OR WITH ANY OF THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE BUY ON TRUST SERVICES.

 

17. INDEMNIFICATION

You agree to defend, indemnify, and hold Buy on Trust 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 Buy on Trust 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.

 

18. DISPUTES/ARBITRATION/CLASS ACTION WAIVER

 

1. 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 BUY ON TRUST 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 Buy on Trust 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 Buy on Trust 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 Buy on Trust and affects Buy on Trust 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.

1. ARBITRATION PROCEDURES AND RULES

You and Buy on Trust 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.

1. COSTS AND ATTORNEY’S FEES IN ARBITRATION

If you file an arbitration claim against Buy on Trust hereunder, Buy on Trust 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, Buy on Trust 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. Buy on Trust 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.

 

19. GENERAL

Use of the Buy on Trust Services is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms of Service. By using the Buy on Trust Services, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the State of Colorado, U.S.A. without regard to its conflict of law provisions, will govern these Terms of Service and any dispute that might arise between you and Buy on Trust. Except with respect to Disputes to be resolved through an arbitration process in accordance with the Arbitration Agreement contained above, you and Buy on Trust hereby consent and submit to the exclusive jurisdiction of the courts located in Boulder County, Colorado to resolve any Dispute arising out of the Agreement. YOU HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVE ANY RIGHT YOU MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION (INCLUDING, BUT NOT LIMITED TO, ANY CLAIMS, COUNTERCLAIMS, CROSS-CLAIMS, OR THIRD-PARTY CLAIMS) ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT. YOU AGREE THAT ANY CAUSE OF ACTION YOU MAY HAVE ARISING OUT OF OR RELATED TO THIS AGREEMENT, OR THE BUY ON TRUST SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER SUCH CAUSE OF ACTION ACCRUES. AFTER SUCH PERIOD, SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED. You agree that you are not entering into a joint venture, partnership, employment, or agency relationship with us as a result of these Terms of Service or use of the Buy on Trust Services. Our performance of these Terms of Service is subject to existing laws and legal process, and nothing contained in these Terms of Service are in derogation of our right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Buy on Trust Services or information provided to or gathered by us with respect to such use. No failure or delay on our part to exercise or enforce any right or provision under these Terms of Service will operate as a waiver of such provision or any rights, nor will any single or partial exercise of any right preclude any other or further exercise of any other right. If any part of these Terms of Service is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision shall be deleted and the remainder of the Terms of Service shall be in full force and effect. The Section titles in these Terms of Service are for convenience only and have no legal or contractual effect. These Terms of Service operate to the fullest extent permissible by law. These Terms of Service and our Privacy Policy constitute the entire agreement between the user and us with respect to the Buy on Trust Services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and us with respect to the Buy on Trust Services. This Agreement shall not be assignable by you, either in whole or in part. Buy on Trust reserves the right to assign its rights and obligations under this Agreement. It is the express wish of the parties that this agreement and all related documents be drawn up in English.

 

20. CUSTOMER TRANSACTION - CONFLICTS

You expressly agree that these Terms of Service for use of the Buy on Trust Services may be independent and separate from the contract for a purchase or lease transaction that you enter into with us. Nothing in these Terms of Service should be interpreted to change or modify any terms of that contract, or the Buy on Trust 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 Buy on Trust Arbitration Agreement entered into in connection with a purchase or lease contract, the contract covering your purchase or lease transaction and such Buy on Trust Arbitration Agreement, will apply and prevail.

 

21. ELECTRONIC COMMUNICATIONS

When you use the Buy on Trust 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 Buy on Trust 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 Buy on Trust Services, and payment is your responsibility.

 

22. Text/SMS Wireless Calling Policy

When you provide Buy on Trust with your mobile phone number, you expressly consent to Buy on Trust sending you text messages to the phone number designated regarding lease deals, merchandise, surveys, and special offers. You also expressly consent to receiving texts messages, as well as auto-dialed, pre-recorded calls to your wireless and other numbers regarding account management and payments (described further below in “Content of Text Messages and Wireless Calls”). 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. Buy on Trust cannot guarantee message delivery. Your consent to receive marketing text messages does not mean you are obligated to make a purchase or lease products, nor is providing your consent to receiving marketing text messages a condition of any purchase or lease. 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.

 

Content of Text Messages and Wireless Calls: In addition to agreeing to receive text messages regarding lease deals, merchandise, surveys, and special offers, you agree that Buy on Trust or its agent(s) may contact you regarding account management or payments for leased merchandise at any mobile phone number(s) you provide to Buy on Trust or that Buy on Trust obtains for you. This consent includes telephone calls or SMS text 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, texts, or emails, you may incur a charge from the company that provides you with telecommunications, wireless and/or internet services. You agree that Buy on Trust will not be liable to you in any way for calls or texts placed pursuant to this consent.

 

23. SANCTIONS AND EXPORT POLICY

You may not use any of the Buy on Trust 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 Buy on Trust Services. You must comply with all U.S. or other export and re-export restrictions that may apply to goods, software (including Buy on Trust Software), technology and services.

 

24. QUESTIONS

For questions about these Terms of Service, the Buy on Trust Services, or if you believe that we have not adhered to these Terms of Service, please contact us at 1434 Spruce Street, Suite 100, Boulder, CO 80302 or at info@buyontrust.com. We will use commercially reasonable efforts to respond to and remedy any problems.

 

Last updated August 26, 2019.