Terms of Service
Created: October 2023
Terms of Service
· End User License Agreement
Thank you for your interest in the IP Auction platform (“Service”) provided through your smartphone or other electronic device by 1b2s, LLC (“1b2s”). Through 1b2s’s Service, you can buy and sell intellectual property assets through our virtual auctions. This End User License Agreement (“EULA”), together with 1b2s’s Privacy Policy and any additional policies (“Policies” and, together with the EULA and the Policies, collectively, the “Terms”), as may be updated from time to time, govern your use of the Service. You may request a copy of this EULA by emailing us at support@1b2s.com.
BY ON BOARDING THE SERVICE, YOU AGREE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE TERMS. IF YOU DO NOT AGREE, YOU MAY NOT BE ABLE TO USE SOME OR ALL OF THE SERVICE. IMPORTANT: SECTION 14 OF THIS AGREEMENT CONTAINS PROVISIONS THAT GOVERN HOW CLAIMS THAT YOU AND WE HAVE AGAINST EACH OTHER ARERESOLVED, INCLUDING, WITHOUT LIMITATION, ANY CLAIMS THAT AROSE OR WERE ASSERTED BEFORE THE EFFECTIVE DATE OF THIS AGREEMENT. IN PARTICULAR, SECTION 14 SETS FORTH OUR ARBITRATION AGREEMENT WHICH WILL, WITH LIMITED EXCEPTIONS, REQUIRE DISPUTES BETWEEN US TO BE SUBMITTED TO BINDING AND FINAL ARBITRATION. UNLESS YOU OPT OUT OF THE ARBITRATION AGREEMENT: (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AND SEEK RELIEF AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, EXCEPT AS SET FORTH IN SECTION 14; AND (2) YOU ARE WAIVING YOUR RIGHT TO SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL ON YOUR CLAIMS. THE ARBITRATION AGREEMENT COULD AFFECT YOUR RIGHT TO PARTICIPATE IN PENDING PROPOSED CLASSACTION LITIGATION. PLEASE SEE SECTION 14 FOR MORE INFORMATION REGARDING THIS ARBITRATION AGREEMENT, THE POSSIBLE EFFECTS OF THIS ARBITRATION AGREEMENT, AND HOW TO OPT OUT OF THE ARBITRATION AGREEMENT.
You acknowledge and agree that, as provided in greater detail in the EULA:
· you may use the Service only as set forth in this EULA;
· the Service is not intended for use by persons under the age of 13;
· to use the Service you may be required to use third party services and as such you may be subject to separate third party terms of service and fees, including without limitation the terms of service and data, SMS, MMS, and other fees of your mobile network operator (“Carrier”), which are your sole responsibility; you consent to the collection and use of your personally identifiable information, voice information, and information about your location in accordance with the Privacy Policy , including without limitation the collection of location and contacts information;
· the Service is provided “as is” without warranties of any kind and 1b2s’s liability to you is limited;
· disputes arising hereunder will be resolved by binding arbitration as set forth below, and by accepting these Terms, as provided in greater detail in Section 14 below you and 1b2s are each waiving the right to a trial by jury and to participate in a class action; and
· the Service may require access to the following identifiers and services on your mobile device: UDID, MAC address, or other applicable device identifier, phone state and identity, internet, SMS/MMS messaging, and location.
1. LIMITED LICENSE. Subject to your complete and ongoing compliance with all the terms and conditions set forth in these Terms(including without limitation payment of any applicable fees and compliance with all license restrictions), 1b2s grants you permission to access and use the Service. You may not reproduce, distribute, publicly display, or publicly perform any part of the Service. You may not use the Service for any purpose other than a purpose for which the Service is expressly designed. If you are prohibited under applicable law from using the Service, you may not use it.
2. PROHIBITED USES. BY USING THE SERVICE, YOU AGREE NOT TO:
a. use the Service for any illegal purpose, or in violation of any local, state, national, or international law;
b. interfere with security-related features of the Service, including without limitation by (i) disabling or circumventing features that prevent or limit use or copying of any content, or (ii) reverse engineering or otherwise attempting to discover the source code of the Service or any part thereof except to the extent that such activity is expressly permitted by applicable law;
c. interfere with the operation of the Service or any user’s enjoyment of the Service, including without limitation by (i) upload or otherwise disseminate viruses, adware, spyware, worms, or other malicious code; (ii)collect or attempt to collect personal information about another user or third party without consent; (iii) take any action (directly or indirectly) that imposes or may impose (as determined by 1b2s in its sole discretion) an unreasonable or disproportionately large load on 1b2s or its third party providers’ infrastructure; or (iv) interfere with or disrupting any networks, equipment, or servers connected to or used to provide the Service, or violate the regulations, policies, or procedures of such networks, equipment, or servers;
d. perform any fraudulent activity including impersonating any person or entity, claiming false affiliation; misrepresenting the source, identity or content of information transmitted via the Service; or falsifying your age or date of birth;
e. sell or otherwise transfer the access granted under these Terms, or anyright or ability to view, access, or use any part of the Service; or
f. attempt to do any of the foregoing in this Section 2, or assist or permitany persons in engaging or attempting to engage in any of the activitiesdescribed in this Section 2.
3. PRIVACY POLICY. Please read the Privacy Policy carefully for information relating to our collection, use, storage and disclosure of your personal information. The Privacy Policy is hereby incorporated by reference into, and made a part of, these Terms. By using the Service, you consent to receiving certain electronic communications from us as further described in the Privacy Policy. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.
4. MOBILE CARRIER FEES. You are solely responsible for your use of the Service on your mobile device, including without limitation compliance with these and any applicable third party terms, and payment of any applicable third party fees. Without limiting the foregoing, you are solely responsible for the payment of all applicable fees associated with any mobile network operator (“Carrier”) service plan you use in connection with your use of the Service (such as voice, data, SMS, MMS, roaming, other applicable fees charged by the Carrier). Accordingly, you should use care in selecting a service plan offered by your Carrier. If your device is lost or stolen, you must notify 1b2s immediately to suspend the Service.
5. THIRD PARTY FEES, LINKS AND SOFTWARE
a. You are solely responsible for payment of any fees for any third-partyservices you use to access the Service.
b. 1b2s may provide tools through the Service that enable you to export certain types of user information to third party services. By using these tools, you agree that we may transfer such information to the applicable third-party service. Such third-party services are not under our control, and we are not responsible for their use of your exported information. The Service may also contain links to third-party websites. Such linked websites are not under our control, and we are not responsible for their content.
c. The Service may include or be distributed alongside certain third-party software (“Third Party Software”) provided under separate license terms(“Third Party Terms”). Your use of such Third-Party Software in conjunction with the Service in a manner consistent with the terms of this EULA is permitted; however, you may have broader rights under the applicable Third-Party Terms and nothing in this Agreement is intended to impose further restrictions on your use of the Third-Party Software.
6. LOCATION-BASED SERVICES. Some of the features of the Service may enable 1b2s to access your location in order to tailor your experience with the Service based on your location (“Location-Based Services”).In order to use certain Location-Based Services, you must enable certain features of your mobile phone, such as GPS, Wi-Fi, and Bluetooth, which enable 1b2sto identify your location through a variety of means, including GPS location, IP address, cell tower location, geo-fencing technology, or detection by physical on-location Wi-Fi or Bluetooth sensors, as available. To the extent your location is collected through Wi-Fi or Bluetooth sensors, such sensors, and the associated data services, may be provided by a third party, and you agree and acknowledge that such third party is authorized to access such information, such third party is not under 1b2s control, and 1b2s is not responsible for their use of your information. You will be given the option to automatically enable the provision of some Location-Based Services through the application on your mobile device, and to enable or disable such Location-Based Services at any time through the settings menu. If you choose to disable any Location-Based Services on your device and/or opt out of any Location-Based Services through the settings menu, you will not be able to utilize certain features of the Service. By enabling Location-Based Services on your device, you agree and acknowledge that (i) device data we collect from you is directly relevant to your use of the Service, (ii) 1b2s may provide Location-Based Services related to and based on your then-current location, and (iii) 1b2s may use any such information collected in connection with the provision of Location-Based Services in connection with its provision of the Service. PLEASE NOTE THAT LOCATION DATA MAY NOT ALWAYS BE ACCURATE, AND 1b2s DISCLAIMS ANY AND ALL WARRANTIES RELATED TO LOCATION-BASED SERVICES.
7. 911 EMERGENCY DISCLAIMER. 1b2s DOES NOT GUARANTEE THAT YOU WILL BE ABLE TO USE THE SERVICE TO CONTACT FIRE, MEDICAL OR POLICE PERSONNEL IN A TIMELY MANNER OR AT ALL. IF YOU EXPERIENCE AN EMERGENCY IMMEDIATELY DISCONTINUE YOUR USE OF THE SERVICE AND DIAL 911.
8. OWNERSHIP; PROPRIETARY RIGHTS.
a. The Service is owned and operated by 1b2s. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the Service (the “Materials”) provided by 1b2s are protected by all relevant intellectual property and proprietary rights and applicable laws. All Materials contained in the Service are the property of 1b2s or our third-party licensors. Except as expressly authorized by 1b2s, you may not make use of the Materials. 1b2s reserves all rights to the Materials not granted expressly in these Terms.
b. Subject to 1b2s’s Privacy Policy, you hereby grant 1b2s an irrevocable, non-exclusive, transferable, royalty-free, sublicensable, worldwide license to use, modify, reproduce, publicly display, publicly perform, distribute, store, collect, copy, transmit, transfer, process, and make derivative works of audio recordings of your voice interactions with the Service (“Recordings”),including without limitation (i) to provide the Service, (ii) to facilitate the provision of new products, updates, enhancements and other services, (iii) to improve the Service, and (iv) to provide new products, services or technologies to You and other customers of 1b2s and its Affiliates.
9. FEEDBACK. If you provide 1b2s with any comments, bug reports, feedback, or modifications proposed or suggested by you for the Service (“Feedback”), such Feedback is provided on a non-confidential basis (notwithstanding any notice to the contrary you may include in any accompanying communication), and 1b2s shall have the right to use such Feedback at its discretion, including, but not limited to the incorporation of such suggested changes into the Service without providing compensation to you. You hereby grant 1b2s a perpetual, irrevocable, royalty-free, nonexclusive license under all rights necessary to so incorporate and use your Feedback for any purpose.
10. TERM ANDTERMINATION. This EULA will remain in effect until terminated. The EULA, and your rights and licenses hereunder, will terminate immediately upon your breach of the EULA. You may terminate the EULA by ceasing all use of the Service. 1b2s may terminate the Service and/or this EULA at any time for any reason, including without limitation any actual or suspected misuse or abuse by you of the Service. Sections 8, 9, 10, and 12 through 17 shall survive any termination of this EULA.
11. MODIFICATIONS. 1b2s reserves the right, in its sole discretion, to change, modify, add, or remove portions of the Service, or to change, modify, add, or remove portions of this EULA at any time by making such modified EULA available to you through the Service. The EULA will be identified as of the most recent date of revision and will be effective immediately upon being made available through the Service. Your use of the Service following any such revision constitutes your binding acceptance of such changes. In the event any such modification materially alters your rights hereunder, we will make reasonable efforts to notify you of the modification, such as through sending an email to any address you may have provided to us, through a pop-up window on the Service, or other similar mechanism. No modifications to this EULA will apply to any dispute between you and 1b2s that arose prior to the date of such modification. If you are dissatisfied with the terms of the EULA or any modifications thereof, then you agree that your sole and exclusive remedy is to discontinue any use of the Service.
12. WARRANTY DISCLAIMERS AND LIMITATION OF LIABILITY. THE SERVICE IS PROVIDED ON AN “AS IS” BASIS, WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, 1b2s DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, TITLE, QUALITY, AND NONINFRINGEMENT. 1b2s EXPRESSLY DISCLAIMS ANY WARRANTIES OF ANY KIND WITH RESPECT TO THE ACCURACY OR FUNCTIONALITY OF LOCATION BASED SERVICES, AND WITH RESPECT TO THE ACCURACY, VALIDITY, OR COMPLETENESS OF ANY INFORMATION OR FEATURES AVAILABLE THROUGH THE SERVICE, OR THE QUALITY OR CONSISTENCY OF THE SERVICE. 1b2s FURTHER DISCLAIMS ANY WARRANTY OR LIABILITY RELATED TO YOUR CARRIER’S NETWORK OR SERVICE. UNDER NO CIRCUMSTANCES WILL 1b2s BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, PUNITIVE AND/OR INCIDENTAL DAMAGES, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SERVICE, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH OTHER USERS OF THIS SERVICE OR PERSONS YOU MEET THROUGH THE SERVICE. IN NO EVENT WILL 1b2s’S AGGREGATE LIABILITY FOR DAMAGES ARISING OUT OF THIS EULA OR THE TERMS EXCEED TEN DOLLARS ($10 USD). SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR DAMAGES, INCLUDING CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH AN EVENT THEABOVE LIMITATIONS WILL BE ENFORCED TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
13. INDEMNITY. You agree that you will be responsible for your use of the Service, and you agree to defend, indemnify, and hold harmless 1b2s and its officers, directors, employees, consultants, affiliates, subsidiaries and agents (collectively, the “1b2sEntities”) from and against any and all claims, liabilities, damages, losses, and expenses, including reasonable attorneys’ fees and costs, arising out of or in any way connected with (i) your access to, use of, or alleged use of the Service; (ii) your violation of these Terms or any representation, warranty, or agreements referenced therein, or any applicable law or regulation; (iii) your violation of any third-party right, including without limitation any intellectual property right, publicity, confidentiality, property or privacy right; or (iv)any disputes or issues between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (and without limiting your indemnification obligations with respect to such matter), and in such case, you agree to cooperate with our defense of such claim.
14. DISPUTE RESOLUTION AND ARBITRATION
PLEASE READ THE FOLLOWING SECTION CAREFULLY. IT REQUIRES YOU TO ARBITRATE DISPUTES WITH US AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF. THIS SECTION 14 OF THIS AGREEMENT SHALL BE REFERRED TO AS THE “ARBITRATION AGREEMENT.”
a. Scope of Arbitration Agreement. You agree that any dispute or claim relating in any way to your access or use of the Services or as a consumer of our services, to any advertising or marketing communications regarding us or our Services, to any products or services sold or distributed through the Services that you received as a consumer, or to any aspect of your relationship or transactions with us as a consumer of our services will be resolved by binding arbitration, rather than in court, except that (1) you may assert claims in small claims court if your claims qualify, so long as the matter remains in such court and advances only on an individual(non-class, non-representative) basis; and (2) you or 1b2s may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). This Arbitration Agreement shall apply, without limitation, to all claims that arose or were asserted before the Effective Date of this Agreement. IF YOU AGREE TO ARBITRATION WITH 1b2s, YOU ARE AGREEING IN ADVANCE THAT YOU WILL NOT PARTICIPATE IN OR SEEK TO RECOVER MONETARY OR OTHER RELIEF IN ANY SUCH CLASS, COLLECTIVE, AND/OR REPRESENTATIVE LAWSUIT. INSTEAD,BY AGREEING TO ARBITRATION, YOU MAY BRING YOUR CLAIMS AGAINST US IN AN INDIVIDUAL ARBITRATION PROCEEDING. IF SUCCESSFUL ON SUCH CLAIMS, YOU COULD BE AWARDED MONEY OR OTHER RELIEF BY AN ARBITRATOR.
b. Informal Resolution. You and 1b2s agree that good-faith informal efforts to resolve disputes often can result in a prompt, low-cost and mutually beneficial outcome. You and 1b2s therefore agree that, before either you or 1b2s demands arbitration against the other, we will personally meet and confer, via telephone or videoconference, in a good-faith effort to resolve informally any claim covered by this mutual Arbitration Agreement. If you are represented by counsel, your counsel may participate in the conference, but you shall also fully participate in the conference. The party initiating the claim must give notice to the other party in writing of its, his, or her intent to initiate an informal dispute resolution conference, which shall occur within 60 days after the other party receives such notice, unless an extension is mutually agreed upon by the parties. To notify 1b2s that you intend to initiate an informal dispute resolution conference, email legal@1b2s.com, providing your username associated with your 1b2s account (if any), the email address associated with your 1b2s account (if any), and a description of your claim. In the interval between the party receiving such notice and the informal dispute resolution conference, the parties shall be free to attempt to resolve the initiating party’s claims. Engaging in an informal dispute resolution conference is a requirement that must be fulfilled before commencing arbitration. The statute of limitations and any filing fee deadlines shall be tolled while the parties engage in the informal dispute resolution process required by this paragraph.
c. Exceptions. Notwithstanding subsection 14(a), we both agree that nothing herein will be deemed to waive, preclude, or otherwise limit either of our right to file suit in a court of law to address intellectual property infringement claims.
d. Arbitrator. Any arbitration between you and 1b2swill be governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these Terms, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting 1b2s.
e. Arbitrator Powers. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability or formation of this Arbitration Agreement including, but not limited to any claim that all or any part of this Arbitration Agreement is void or voidable. The arbitration will decide the rights and liabilities, if any, of you and 1b2s. The arbitration proceeding will not be consolidated with any other matters or joined with any other proceedings or parties. The arbitrator will have the authority to grant motions dispositive of all or part of any claim or dispute. The arbitrator will have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum’s rules, and this Agreement(including this Arbitration Agreement). The arbitrator will issue a written statement of decision describing the essential findings and conclusions on which any award (or decision not to render an award) is based, including the calculation of any damages awarded. The arbitrator shall follow the applicable law. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The arbitrator’s decision is final and binding on you and 1b2s.
f. Waiver of Jury Trial. YOU AND 1b2s WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND RECEIVE A JUDGE ORJURY TRIAL. You and 1b2s are instead electing to have claims and disputes resolved by arbitration, except as specified in Section 14 (a) above. There is no judge or jury in arbitration, and court review of an arbitration award is limited.
g. Waiver of Class or Consolidated Actions. YOU AND 1b2sAGREE TO WAIVE ANY RIGHT TO RESOLVE CLAIMS WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT ON A CLASS, COLLECTIVE, OR REPRESENTATIVE BASIS. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If, however, this waiver of class or consolidated actions is deemed invalid or unenforceable with respect to a particular claim or dispute, neither you nor 1b2s is entitled to arbitration of such claim or dispute. Instead, all such claims and disputes will then be resolved in a court as set forth in Section 14 (a).
h. Batch Arbitrations. To increase efficiency of resolution, in the event 25 or more similar arbitration demands against 1b2s,presented by or with the assistance of the same law firm or organization, are submitted to an arbitration provider selected in accordance with the rules described above within a 30-day period, the arbitration provider shall (i)group the arbitration demands into batches of no more than 25 demands per batch(plus, to the extent there are less than 25 arbitration demands left over after the batching described above, a final batch consisting of the remaining demands); and (ii) provide for resolution of each batch as a single arbitration with one set of filing and administrative fees and one arbitrator assigned per batch. You agree to cooperate in good faith with 1b2s and the arbitration provider to implement such a batch approach to resolution and fees.
i. Opt Out. You may opt out of this Arbitration Agreement. If you do so, neither you nor 1b2s can force the other to arbitrate as a result of this Agreement. To opt out, you must notify 1b2s inwriting no later than 30 days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address, your email address(if you have one), and a CLEAR statement that you want to opt out of this Arbitration Agreement. You must send your opt-out notice in accordance with the Notice provision below. If you opt out of this Arbitration Agreement, all other parts of this Agreement will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may have entered into with us or may enter into in the future with us.
j. Notice; Process. A party who intends to seek arbitration must first send a written notice of the dispute to the other, by electronic mail (“Notice”). 1b2s’s address for Notice is: legal@1b2s.com. The Notice must (i) describe the nature and basis of the claim or dispute; and (ii) set forth the specific relief sought (“Demand”). We agree to use good faith efforts to resolve the claim directly, but if we do not reach an agreement to do so within 30 days after the Notice is received, you or 1b2s may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or 1b2s must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. In the event our dispute is finally resolved through arbitration in your favor, 1b2swill pay you (i) the amount awarded by the arbitrator, if any; (ii) the last written settlement amount offered by 1b2s in settlement of the dispute prior to the arbitrator’s award; or (iii) $1,000, whichever is greater.
k. Fees. In the event that you commence arbitration in accordance with these Terms, 1b2s will not reimburse you for your payment of the filing fee. Any arbitration hearings will take place at a location to be agreed upon in Palm Springs, California provided that if the claim is for $10,000 or less, you may choose whether the arbitration will be conducted (i) solely on the basis of documents submitted to the arbitrator;(ii) through a non-appearance based telephonic hearing; or (iii) by an in-person hearing as established by the AAA Rules in the county (or parish) of your billing address. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In such case, you agree to reimburse 1b2s for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.
l. Survival. This Arbitration Agreement will survive any termination of your relationship with us.
m. Modifications. Notwithstanding any provision in the Agreement to the contrary, we agree that if we make any future material change to this Arbitration Agreement, it will not apply to any individual claim(s) that you had already provided notice of to us. In the event that 1b2smakes any future change to this arbitration provision (other than a change to 1b2s’saddress for Notice), you may reject any such change by sending us written notice within 30 days of the change to 1b2s’s address for Notice, in which case your right to access the Service will be immediately terminated and this arbitration provision, as in effect immediately prior to the amendments you reject will survive.
n. Enforceability. If Subsection 14 (e) is found to be unenforceable or if the entirety of this Section 14 is found to be unenforceable, then the entirety of this Section 14 will be null and void and, in such case, the parties agree that the exclusive jurisdiction and venue described in Section 15 will govern any action arising out of or related to these Terms.
15. GOVERNING LAW;VENUE. These Terms, whether interpreted in a court of law or in arbitration, will be governed by the laws of the State of California without regard to conflict of law principles. To the extent that the arbitration provisions set forth in Section 14 do not apply or if you have opted out of arbitration, with respect to any lawsuit or court proceeding permitted hereunder, you and 1b2sagree that all claims and disputes arising out of or relating to the Agreement will be litigated exclusively within the State of California and agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within Riverside County, California for the purpose of litigating all such disputes.
16. MISCELLANEOUS. These Terms constitute the entire and exclusive agreement between you and 1b2s regarding your use of and access to the Service, and except as expressly permitted above may be amended only by a written agreement signed by authorized representatives of all parties to the Terms. Unless otherwise specified in the applicable 1b2s Policy, in the event of a conflict between this EULA, and any of the other the 1b2s Policies the conflict will be resolved using the following order of precedence(i) EULA; (ii) Privacy Policy; and (iii) any Policy. You may not assign or transfer this EULA or your rights hereunder, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign this EULA at any time without notice. The failure to require performance of any provision will not affect our right to require performance at any time thereafter, nor will a waiver of any breach or default of this EULA or any provision of this EULA constitute a waiver of any subsequent breach or default or a waiver of the provision itself. Use of section headers in this EULA is for convenience only and will not have any impact on the interpretation of particular provisions. In the event that any part of this EULA is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent possible and the remaining parts will remain in full force and effect.
17. The Service is offered by 1b2s, LLC. For questions or comments please contact us at support@1b2s.com.
UPDATED October 2023