This is an agreement between A. you the end user and B. SSKM Corporation, 1608 S. Ashland Ave. Chicago IL, United States of America. SSKM Corporation is a licenced global reseller of the software plaform brringit. A limited, non transferrable license to use parts of the brringit software platform is provided to you for a fee.
By accessing or using the Brringit website, the Brringit service, or
any other applications that are available by Brringit including our free
downloadable mobile applications, the service is owned by JBAW CORPORATION and sold
by SSKM Corporation you agree with the
following terms and conditions. The Terms Of Use that follow affect
your legal rights and obligations.
If you do not agree with all the Terms of USE then do not access or
use any of the programs or services that are provided.
There may be times when we offer a special feature that has
its own terms and conditions that apply in addition to these Terms of
Use. In those cases, the terms specific to the special feature control
to the extent there is a conflict with these Terms of Use.
Through this Document services by SSKM Corporation which include
BRRINGIT web server and database server, BRRINGIT iOS application, BRRINGIT
android application will be referenced as BRRINGIT.
ARBITRATION
NOTICE: EXCEPT IF YOU OPT-OUT AND EXCEPT FOR CERTAIN TYPES OF DISPUTES
DESCRIBED IN THE ARBITRATION SECTION BELOW, YOU AGREE THAT DISPUTES
BETWEEN YOU AND SSKM CORPORATION WILL BE RESOLVED BY BINDING, INDIVIDUAL
ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION
LAWSUIT OR CLASS-WIDE ARBITRATION.
- You must be at least 13 years old to use the Service.
- You may not post violent, nude, partially nude, discriminatory, unlawful,
infringing, hateful, pornographic or sexually suggestive photos or other
content via the Service.
- As a subscriber you may not publish information that could
be considered violent, nude, partially nude, discriminatory, unlawful,
infringing, hateful, pornographic or sexually suggestive photos
- You are responsible for any activity that occurs through your account
and you agree you will not sell, transfer, license or assign
your account, username, or any account rights.
- In case of businesses that fill up tiles of information and with the
exception of people or businesses that are expressly authorized to create
accounts on behalf of their employers or clients, Brringit prohibits
the creation of and you agree that you will not create an account for
anyone other than yourself or the company that you represent. You also
represent that all information you provide or provided to the Brringit
tils upon registration and at all other times will be true, accurate,
current and complete and you agree to update your information as necessary
to maintain its truth and accuracy.
- You agree that you will not solicit, collect or use the login credentials
of other Brringit users.
- You are responsible for keeping your login information secret and
secure.
- You may not use the Service for any illegal or unauthorized purpose.
You agree to comply with all laws, rules and regulations (for example,
federal, state, local and provincial and international law) applicable
to your use of the Service and your Content, including but not limited
to, copyright laws.
- You are solely responsible for any data, text, files, information,
usernames, images, graphics, photos, profiles, audio and video
clips, sounds, musical works, works of authorship, applications, links
and other content or materials (collectively, "Content") that
you submit, post or display on or via the Service.
- You may not use the service to publish any third party or personal
or other information that you do not have the authorization to do so.
- You must not defame, stalk, bully, abuse, harass, threaten, impersonate
or intimidate people or entities or companies and you must not post
private or confidential information via the Service, including,
without limitation, your or any other person's credit card information,
social security or alternate national identity numbers, non-public phone
numbers or non-public email addresses.
- You must not change, modify, adapt or alter the Service or
change, modify or alter another website so as to falsely imply that
it is associated with the Service or Brringit.
- You must not access Brringit's private API by means other than those
permitted by Brringit.
- You must not create or submit unwanted email, comments, likes
or other forms of commercial or harassing communications (a/k/a "spam")
to any Brringit user.
- You can use only valid email addresses in your username of you or
your company that are completely controlled and owned by you.
- You must not interfere or disrupt the Service or servers or networks
connected to the Service, including by transmitting any worms, viruses,
spyware, malware or any other code of a destructive or disruptive nature.
You may not inject content or code or otherwise alter or interfere
with the way any Brringit page is rendered or displayed in a user's browser
or device.
- You must not create accounts with the Service through unauthorized
means, including but not limited to, by using an automated device, script,
bot, spider, crawler or scraper or robot application.
- You must not attempt to restrict another user from using or enjoying
the Service and you must not encourage or facilitate violations of these
Terms of Use or any other BRRINGIT terms.
- Violation of these Terms of Use may, in BRRINGIT's sole discretion,
result in termination of your BRRINGIT account. You understand and agree
that BRRINGIT cannot and will not be responsible for the Content posted
on the Service and you use the Service at your own risk. If you violate
the letter or spirit of these Terms of Use, or otherwise create risk
or possible legal exposure for BRRINGIT, we can stop providing all or
part of the Service to you.
- We reserve the right to modify or terminate the Service or your access
to the Service for any reason, without notice, at any time, and without
liability to you. You can deactivate your BRRINGIT account by sending
a mail request to deactivation@brringit.com. If we terminate your access
to the Service or you use the form detailed above to deactivate your
account, your photos, comments, likes, friendships, and all other data
will no longer be accessible through your account (e.g., users will
not be able to navigate to your username and view your photos), but
those materials and data may persist and appear within the Service (e.g.,
if your Content has been reshared by others).
- Upon termination, all licenses and other rights granted to you in
these Terms of Use will immediately cease.
- We reserve the right, in our sole discretion, to change these Terms
of Use ("Updated
Terms") from time to time. Unless we make a change for legal
or administrative reasons, we will provide reasonable advance notice
before the Updated Terms become effective. You agree that we may notify
you of the Updated Terms by posting them on the Service, and that your
use of the Service after the effective date of the Updated Terms (or
engaging in such other conduct as we may reasonably specify) constitutes
your agreement to the Updated Terms. Therefore, you should review these
Terms of Use and any Updated Terms before using the Service. The Updated
Terms will be effective as of the time of posting, or such later date
as may be specified in the Updated Terms, and will apply to your use
of the Service from that point forward. These Terms of Use will govern
any disputes arising before the effective date of the Updated Terms.
- We reserve the right to refuse access to the Service to anyone for
any reason at any time.
- We reserve the right to force forfeiture of any username for
any reason.
- We may, but have no obligation to, remove, edit, block, and/or monitor
Content or accounts containing Content that we determine in our sole
discretion violates these Terms of Use.
- You are solely responsible for your interaction with other
users of the Service, whether online or offline. You agree that BRRINGIT
is not responsible or liable for the conduct of any user. BRRINGIT reserves
the right, but has no obligation, to monitor or become involved in disputes
between you and other users. Exercise common sense and your best judgement
when interacting with others, including when you submit or post Content
or any personal or other information.
- There may be links from the Service, or from communications
you receive from the Service, to third-party web sites or features.
There may also be links to third-party web sites or features in images
or comments within the Service. The Service also includes third-party
content that we do not control, maintain or endorse. Functionality on
the Service may also permit interactions between the Service and a third-party
web site or feature, including applications that connect the Service
or your profile on the Service with a third-party web site or feature.
For example, the Service may include a feature that enables you to send
comments to Company ,Friend,Facebook and tweeter. Content from the Service
or your Content with a third party, which may be publicly posted on
that third party's service or application. Using this functionality
typically requires you to login to your account on the third-party service
and you do so at your own risk. BRRINGIT does not control any of these
third-party web services or any of their content. You expressly acknowledge
and agree that BRRINGIT is in no way responsible or liable for any such
third-party services or features. YOUR CORRESPONDENCE AND BUSINESS DEALINGS
WITH THIRD PARTIES FOUND THROUGH THE SERVICE ARE SOLELY BETWEEN YOU
AND THE THIRD PARTY. You may choose, at your sole and absolute discretion
and risk, to use applications that connect the Service or your profile
on the Service with a third-party service (each, an "Application")
and such Application may interact with, connect to or gather and/or
pull information from and to your Service profile. By using such Applications,
you acknowledge and agree to the following: (i) if you use an Application
to share information, you are consenting to information about your profile
on the Service being shared; (ii) your use of an Application cause personally
identifying information to be publicly disclosed and/or associated with
you, even if BRRINGIT has not itself provided such information; and (iii)
your use of an Application is at your own option and risk, and you will
hold the BRRINGIT TEAM (defined below) harmless for activity related
to the Application.
- You agree that you are responsible for all data charges you incur
through use of the Service.
- We prohibit crawling, scraping, caching or otherwise accessing any
content on the Service via automated means, including but not
limited to, user profiles and photos.
- **** BRRINGIT does not claim ownership of any Content that you post
on or through the Service. Instead, you hereby grant to BRRINGIT a non-exclusive,
fully paid and royalty-free, transferable, sub-licensable, worldwide
license to use the Content that you post on or through the Service,
subject to the Service's Privacy Policy, available here https://brringit.com/privacy including
but not limited to sections 3 ("Sharing of Your Information"),
4 ("How We Store Your Information"), and 5 ("Your Choices
About Your Information").
- Some of the Service is supported by advertising revenue and may display
advertisements and promotions, and you hereby agree that BRRINGIT
may place such advertising and promotions on the Service or on, about,
or in conjunction with your Content. The manner, mode and extent of
such advertising and promotions are subject to change without specific
notice to you.
- You acknowledge that we may not always identify paid services, sponsored
content, or commercial communications as such.
- ****You represent and warrant that: (i) you own the Content posted
by you on or through the Service or otherwise have the right
to grant the rights and licenses set forth in these Terms of Use; (ii)
the posting and use of your Content on or through the Service does not
violate, misappropriate or infringe on the rights of any third party,
including, without limitation, privacy rights, publicity rights, copyrights,
trademark and/or other intellectual property rights; (iii) you agree
to pay for all royalties, fees, and any other monies owed by reason
of Content you post on or through the Service; and (iv) you have the
legal right and capacity to enter into these Terms of Use in your jurisdiction.
- The Service contains content owned or licensed by BRRINGIT ("BRRINGIT
Content"). BRRINGIT Content is protected by copyright, trademark,
patent, trade secret and other laws, and, as between you and
BRRINGIT, BRRINGIT owns and retains all rights in the BRRINGIT Content
and the Service. You will not remove, alter or conceal any copyright,
trademark, service mark or other proprietary rights notices incorporated
in or accompanying the BRRINGIT Content and you will not reproduce, modify,
adapt, prepare derivative works based on, perform, display, publish,
distribute, transmit, broadcast, sell, license or otherwise exploit
the BRRINGIT Content.
- The BRRINGIT name and logo are trademarks of BRRINGIT, and may not
be copied, imitated or used, in whole or in part, without the prior
written permission of BRRINGIT. All page headers, custom graphics, button
icons and scripts are service marks, trademarks and/or trade dress of
BRRINGIT, and may not be copied, imitated or used, in whole or in part,
without prior written permission from BRRINGIT.
- Although it is BRRINGIT's intention for the Service to be available
as much as possible, there will be occasions when the Service may be
interrupted, including, without limitation, for scheduled maintenance
or upgrades, for emergency repairs, or due to failure of telecommunications
links and/or equipment. Also, BRRINGIT reserves the right to remove any
Content from the Service for any reason, without prior notice. Content
removed from the Service may continue to be stored by BRRINGIT, including,
without limitation, in order to comply with certain legal obligations,
but may not be retrievable without a valid court order. Consequently,
BRRINGIT encourages you to maintain your own backup of your Content.
In other words, BRRINGIT is not a backup service and you agree that you
will not rely on the Service for the purposes of Content backup or storage.
BRRINGIT will not be liable to you for any modification, suspension,
or discontinuation of the Services, or the loss of any Content. You
also acknowledge that the Internet may be subject to breaches of security
and that the submission of Content or other information may not be secure.
- You agree that BRRINGIT is not responsible for, and does not endorse,
Content posted within the Service. BRRINGIT does not have any obligation
to prescreen, monitor, edit, or remove any Content. If your Content
violates these Terms of Use, you may bear legal responsibility for that
Content.
- Except as otherwise described in the Service's Privacy Policy,
available at https://brringit.com/privacy_policy.php, any Content will
be non-confidential and non-proprietary and we will not be liable for
any use or disclosure of Content. You acknowledge and agree that your
relationship with BRRINGIT is not a confidential, fiduciary, or other
type of special relationship, and that your decision to submit any Content
does not place BRRINGIT in a position that is any different from the
position held by members of the general public, including with regard
to your Content. None of your Content will be subject to any obligation
of confidence on the part of BRRINGIT, and BRRINGIT will not be liable
for any use or disclosure of any Content you provide.
- It is BRRINGIT's policy not to accept or consider content, information,
ideas, suggestions or other materials other than those we have specifically
requested and to which certain specific terms, conditions and requirements
may apply. This is to avoid any misunderstandings if your ideas are
similar to those we have developed or are developing independently.
Accordingly, BRRINGIT does not accept unsolicited materials or ideas,
and takes no responsibility for any materials or ideas so transmitted.
If, despite our policy, you choose to send us content, information,
ideas, suggestions, or other materials, you further agree that BRRINGIT
is free to use any such content, information, ideas, suggestions or
other materials, for any purposes whatsoever, including, without limitation,
developing and marketing products and services, without any liability
or payment of any kind to you.
Reporting Copyright and Other IP Violations
- We respect other people's rights, and expect you to do the same.
- If you repeatedly infringe other people's intellectual property rights,
we will disable your account when appropriate.
THE SERVICE, INCLUDING, WITHOUT LIMITATION, BRRINGIT CONTENT, IS PROVIDED
ON AN "AS IS", "AS AVAILABLE" AND "WITH ALL
FAULTS" BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHER
BRRINGIT NOR ITS PARENT COMPANY NOR ANY OF THEIR EMPLOYEES,
MANAGERS, OFFICERS OR AGENTS (COLLECTIVELY, THE "BRRINGIT PARTIES")
MAKE ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER,
EXPRESS OR IMPLIED, AS TO: (A) THE SERVICE; (B) THE BRRINGIT CONTENT;
(C) USER CONTENT; OR (D) SECURITY ASSOCIATED WITH THE TRANSMISSION OF
INFORMATION TO BRRINGIT OR VIA THE SERVICE. IN ADDITION, THE BRRINGIT
PARTIES HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT,
SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS.
THE BRRINGIT PARTIES DO NOT REPRESENT OR WARRANT THAT THE SERVICE WILL
BE ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED;
OR THAT THE SERVICE OR THE SERVER THAT MAKES THE SERVICE AVAILABLE IS
FREE FROM ANY HARMFUL COMPONENTS, INCLUDING, WITHOUT LIMITATION, VIRUSES.
THE BRRINGIT PARTIES DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT
THE INFORMATION (INCLUDING ANY INSTRUCTIONS) ON THE SERVICE IS ACCURATE,
COMPLETE, OR USEFUL. YOU ACKNOWLEDGE THAT YOUR USE OF THE SERVICE IS
AT YOUR SOLE RISK. THE BRRINGIT PARTIES DO NOT WARRANT THAT YOUR USE
OF THE SERVICE IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND THE BRRINGIT
PARTIES SPECIFICALLY DISCLAIM SUCH WARRANTIES. SOME JURISDICTIONS LIMIT
OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE
ABOVE DISCLAIMER MAY NOT APPLY TO YOU TO THE EXTENT SUCH JURISDICTION'S
LAW IS APPLICABLE TO YOU AND THESE TERMS OF USE.
BY ACCESSING OR USING THE SERVICE YOU REPRESENT AND WARRANT THAT YOUR
ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE
THE SERVICE.
THE BRRINGIT PARTIES DO NOT ENDORSE CONTENT AND SPECIFICALLY DISCLAIM
ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY
LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE),
INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER BASED
UPON OR RESULTING FROM ANY CONTENT.
Limitation of Liability; Waiver
UNDER NO CIRCUMSTANCES WILL THE BRRINGIT PARTIES BE LIABLE TO YOU FOR
ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR
ANY DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL
OR CONSEQUENTIAL LOSSES OR DAMAGES) THAT ARE DIRECTLY OR INDIRECTLY
RELATED TO: (A) THE SERVICE; (B) THE BRRINGIT CONTENT; (C) USER CONTENT;
(D) YOUR USE OF, INABILITY TO USE, OR THE PERFORMANCE OF THE SERVICE;
(E) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY THE BRRINGIT
PARTIES OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR OR ANY OTHER PARTY'S
USE OF THE SERVICE; (F) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT
OR OTHER INTELLECTUAL PROPERTY OWNERS; (G) ANY ERRORS OR OMISSIONS IN
THE SERVICE'S OPERATION; OR (H) ANY DAMAGE TO ANY USER'S COMPUTER, MOBILE
DEVICE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION,
DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING,
FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR
TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL
OR OTHER MALFUNCTION, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST
PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF
RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF FORESEEABLE OR
EVEN IF THE BRRINGIT PARTIES HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN
OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION OF CONTRACT,
NEGLIGENCE, STRICT LIABILITY OR TORT (INCLUDING, WITHOUT LIMITATION,
WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS
FAILURE, OR THEFT OR DESTRUCTION OF THE SERVICE). IN NO EVENT WILL THE
BRRINGIT PARTIES BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS, DAMAGE OR
INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. SOME
STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL
DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
IN NO EVENT WILL THE BRRINGIT PARTIES TOTAL LIABILITY TO YOU FOR ALL
DAMAGES, LOSSES OR CAUSES OR ACTION EXCEED FIFTY UNITED STATES
DOLLARS ($50.00).
YOU AGREE THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES
THAT ARISE OUT OF BRRINGIT'S ACTS OR OMISSIONS, THE DAMAGES, IF ANY,
CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN
INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEB SITE, SERVICE,
PROPERTY, PRODUCT OR OTHER CONTENT OWNED OR CONTROLLED BY THE BRRINGIT
PARTIES, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT,
PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF
ANY WEB SITE, PROPERTY, PRODUCT, SERVICE, OR OTHER CONTENT OWNED OR
CONTROLLED BY THE BRRINGIT PARTIES.
BY ACCESSING THE SERVICE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS
WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED,
AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU
HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF
SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF
ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: "A GENERAL RELEASE
DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT
TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF
KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."
BRRINGIT IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION,
OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS,
EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN,
ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST
ANY SUCH THIRD PARTIES.
You (and also any third party for whom you operate an account or activity
on the Service) agree to defend (at BRRINGIT's request), indemnify and
hold the BRRINGIT Parties harmless from and against any claims, liabilities,
damages, losses, and expenses, including without limitation,
reasonable attorney's fees and costs, arising out of or in any way connected
with any of the following (including as a result of your direct activities
on the Service or those conducted on your behalf): (i) your Content
or your access to or use of the Service; (ii) your breach or alleged
breach of these Terms of Use; (iii) your violation of any third-party
right, including without limitation, any intellectual property right,
publicity, confidentiality, property or privacy right; (iv) your violation
of any laws, rules, regulations, codes, statutes, ordinances or orders
of any governmental and quasi-governmental authorities, including, without
limitation, all regulatory, administrative and legislative authorities;
or (v) any misrepresentation made by you. You will cooperate as fully
required by BRRINGIT in the defense of any claim. BRRINGIT reserves the
right to assume the exclusive defense and control of any matter subject
to indemnification by you, and you will not in any event settle any
claim without the prior written consent of BRRINGIT.
Except if you opt-out or for disputes relating to: (1) your or BRRINGIT's
intellectual property (such as trademarks, trade dress, domain names,
trade secrets, copyrights and patents); (2) violations of the
API Terms; or (3) violations of provisions 15,16,17 of the Basic Terms,
above ("Excluded Disputes"), you agree that all disputes between
you and BRRINGIT (whether or not such dispute involves a third party)
with regard to your relationship with BRRINGIT, including without limitation
disputes related to these Terms of Use, your use of the Service, and/or
rights of privacy and/or publicity, will be resolved by binding, individual
arbitration under the American Arbitration Association's rules for arbitration
of consumer-related disputes and you and BRRINGIT hereby expressly waive
trial by jury. As an alternative, you may bring your claim in your local
"small claims" court, if permitted by that small claims court's
rules. You may bring claims only on your own behalf. Neither you nor
BRRINGIT will participate in a class action or class-wide arbitration
for any claims covered by this agreement. You also agree not to participate
in claims brought in a private attorney general or representative capacity,
or consolidated claims involving another person's account, if BRRINGIT
is a party to the proceeding. This dispute resolution provision will
be governed by the Federal Arbitration Act. In the event the American
Arbitration Association is unwilling or unable to set a hearing date
within one hundred and sixty (160) days of filing the case, then either
BRRINGIT or you can elect to have the arbitration administered instead
by the Judicial Arbitration and Mediation Services. Judgment on the
award rendered by the arbitrator may be entered in any court having
competent jurisdiction. Any provision of applicable law notwithstanding,
the arbitrator will not have authority to award damages, remedies or
awards that conflict with these Terms of Use.
You may opt out of this agreement to arbitrate. If you do so, neither
you nor BRRINGIT can require the other to participate in an arbitration
proceeding. To opt out, you must notify BRRINGIT in writing within 30
days of the date that you first became subject to this arbitration
provision. You must use this address to opt out:
SSKM CORPORATION, ATTN: Arbitration Opt-out 1209 ORANGE STREET
WILMINGTON DE 19801 .
You must include your name and residence address, the email address
you use for your BRRINGIT account, and a clear statement that
you want to opt out of this arbitration agreement.
If the prohibition against class actions and other claims brought
on behalf of third parties contained above is found to be unenforceable,
then all of the preceding language in this Arbitration section
will be null and void. This arbitration agreement will survive the termination
of your relationship with BRRINGIT.
Time Limitation on Claims
You agree that any claim you may have arising out of or related to
your relationship with BRRINGIT must be filed within one year
after such claim arose; otherwise, your claim is permanently barred.
These Terms of Use are governed by and construed in accordance with
the laws of the State of DELAWARE, without giving effect to any
principles of conflicts of law AND WILL SPECIFICALLY NOT BE GOVERNED
BY THE UNITED NATIONS CONVENTIONS ON CONTRACTS FOR THE INTERNATIONAL
SALE OF GOODS, IF OTHERWISE APPLICABLE. For any action at law or in
equity relating to the arbitration provision of these Terms of Use,
the Excluded Disputes or if you opt out of the agreement to arbitrate,
you agree to resolve any dispute you have with BRRINGIT exclusively in
a state or federal court located in Massachusetts, and to submit to
the personal jurisdiction of the courts located in Suffolk County for
the purpose of litigating all such disputes.
If any provision of these Terms of Use is held to be unlawful, void,
or for any reason unenforceable during arbitration or by a court of
competent jurisdiction, then that provision will be deemed severable
from these Terms of Use and will not affect the validity and enforceability
of any remaining provisions. BRRINGIT’s failure to insist upon or enforce
strict performance of any provision of these Terms will not be construed
as a waiver of any provision or right. No waiver of any of these Terms
will be deemed a further or continuing waiver of such term or condition
or any other term or condition. BRRINGIT reserves the right to change
this dispute resolution provision, but any such changes will not apply
to disputes arising before the effective date of the amendment. This
dispute resolution provision will survive the termination of any or
all of your transactions with BRRINGIT.
If you are using the Service on behalf of a legal entity, you
represent that you are authorized to enter into an agreement on behalf
of that legal entity. These Terms of Use constitute the entire agreement
between you and BRRINGIT and governs your use of the Service, superseding
any prior agreements between you and BRRINGIT. You will not assign the
Terms of Use or assign any rights or delegate any obligations hereunder,
in whole or in part, whether voluntarily or by operation of law, without
the prior written consent of BRRINGIT. Any purported assignment or delegation
by you without the appropriate prior written consent of BRRINGIT will
be null and void. BRRINGIT may assign these Terms of Use or any rights
hereunder without your consent. If any provision of these Terms of Use
is found by a court of competent jurisdiction to be invalid or otherwise
unenforceable, the parties nevertheless agree that such portion will
be deemed severable from these Terms of Use and will not affect the
validity and enforceability of the remaining provisions, and the remaining
provisions of the Terms of Use remain in full force and effect. Neither
the course of conduct between the parties nor trade practice will act
to modify the Terms of Use. These Terms of Use do not confer any third-party
beneficiary rights.
The information provided within the Service is not intended for distribution
to or use by any person or entity in any jurisdiction or country where
such distribution or use would be contrary to law or regulation or which
would subject BRRINGIT to any registration requirement within
such jurisdiction or country. We reserve the right to limit the availability
of the Service or any portion of the Service, to any person, geographic
area, or jurisdiction, at any time and in our sole discretion, and to
limit the quantities of any content, program, product, service or other
feature that BRRINGIT provides.
Software related to or made available by the Service may be subject
to United States export controls. Thus, no software from the Service
may be downloaded, exported or re-exported: (a) into (or to a national
or resident of) any country to which the United States has embargoed
goods; or (b) to anyone on the U.S. Treasury Department's list of Specially
Designated Nationals or the U.S. Commerce Department's Table of Deny
Orders. By downloading any software related to the Service, you represent
and warrant that you are not located in, under the control of, or a
national or resident of, any such country or on any such list.
The effective date of these Terms of Use is August 30th, 2013.
These Terms of Use were written in English (US). To the extent any translated
version of these Terms of Use conflicts with the English version, the
English version controls.