Effective November 23, 2018
Information We Collected or Received from You.
(b) Information Collected From Blogs, Newsletters & Posts. We may offer publicly accessible pages, blogs, private messages, or community forums (“Forums”). You should be aware that, when you disclose information about yourself in these Forums, our Site and/or third party sites will collect the information you provide in such submissions, including any personal information. If you choose to submit content to any public area of the Site, such content will be considered “public” and will not be subject to the privacy protections set forth herein.
(c) Automatic Data Collection Including Information Collected Using Cookies and other Web Technologies. Like many website owners and operators, we use automated data collection tools such as Cookies and Web Beacons (defined below) to collect certain information through our Services or other methods of analysis, such as your Internet protocol (IP) address, cookie identifiers, mobile carrier, mobile advertising identifiers, MAC address, IMEI and other device identifiers that are automatically assigned to your computer or device when you access the Internet, browser type and language, geo-location information, hardware type, operating system, Internet service provider, pages that you visit before and after using the Services, the date and time of your visit, the amount of time you spend on each page, information about the links you click and pages you view within the Services, and other actions taken through use of the Services such as preferences.
(i) “Log Data” means certain information about how a person uses our Services, including both Account holders and non-Account holders. Log Data may include information such as your Internet Protocol (IP) address, browser type, operating system, the web page that you were visiting before accessing our Services, the pages or features of our Services browsed and the time spent on those pages or features, search terms, the links on our Services that were clicked on and other statistics. We use Log Data to administer the Services, and we analyze (and may engage third parties to analyze) Log Data to improve, customize and enhance our Services by expanding their features and functionality and tailoring them to your needs and preferences. We may use your IP address to generate aggregate, non-identifying information about how our Services are used.
(ii) Our uses of such these technologies fall into the following general categories:
- Advertising or Targeting Related. We may use first party or third party Cookies and Web Beacons to deliver content, including ads relevant to your interests, on our Sites or on third party sites. This includes using technologies to understand the usefulness to you of the advertisements and content that has been delivered to you, such as whether you have clicked on an advertisement.
If you would like to change your preferences and/or opt out of the technologies we employ on our Site(s), Services, Apps, or tools, you may do so by blocking, deleting, or disabling them as your browser or device permits or by visiting the third party links listed below.
(d) Location Information. When you use our Services, we may collect and store information about your location by converting your IP address into a rough geo-location or by accessing your device’s GPS coordinates or coarse location if you enable location services on your device. We may use location information to improve and personalize our Services for you. If you do not want us to collect location information, you may disable that feature on your device.
(e)Information from Other Sources. We may receive information about you from other sources, including through third party services and organizations to supplement information provided by you. For example, if you access our Services through a third party application, such as an App Store or SNS, we may collect information about you from that third party application that you have made public via your privacy settings. Information we collect through App Stores or SNS accounts may include your name, your SNS user identification number, your SNS user name, location, sex, birth date, email, profile picture, and your contacts on the SNS. This supplemental information allows us to verify information that you have provided to us and to enhance our ability to provide you with information about our business, products, and Services.
How We Use Your Information
We acquire, hold, use, and process personal information about you for a variety of business purposes, including:
(a)To Provide Products, Services, or Information Requested. We may use information about you to fulfill requests for Services, including information about potential or future Services, including to: generally manage your information and Accounts; respond to questions, comments, and other requests; provide access to certain areas, functionalities, and features of our Services; contact you to answer requests for customer support or technical support; and allow you to register for events. We will also use the information about you to personalize our Services by, among other things, customizing the content; enhancing the safety and security of our products and services; verifying your identity and preventing fraud or other unauthorized or illegal activity.
(b)For Administrative Purposes. We may use personal information about you for its administrative purposes, including to: measure interest in our Services; develop new products and Services; ensure internal quality control; verify Individual identity; communicate about your Accounts and activities on our Services and systems, and, at our discretion, changes to any of our policies; send email to the email address you provide to us to verify your Account and for informational and operational purposes, such as Account management, customer service, or system maintenance; process payment for products or Services purchased; process applications and transactions; prevent potentially prohibited or illegal activities; and enforce our Terms of Service.
(c)To Market Our Services. We may use personal information to provide you with materials about offers, products, and Services that may be of interest, including new content or Services. We may provide you with these materials by phone, postal mail, facsimile, messaging services through the Service or your device or email, as permitted by applicable law. Such uses include: to tailor content, advertisements, and offers; to notify you about offers, products, and services that may be of interest to you; to provide Services to you and our sponsors; for other purposes disclosed at the time you provide information; or otherwise with your consent. You may contact us at any time to opt out of the use of your personal information for marketing purposes, as further described below.
(d)For Research and Development. We may use personal information to create non-identifiable information that we may use alone or in the aggregate with information obtained from other sources, in order to help us to optimally deliver our existing products and Services or develop new products and Services. From time to time, we may perform research (online and offline). We may engage third party service providers to conduct research on our behalf. We may also conduct surveys from time to time. All survey responses are voluntary, and the information collected will be used for research and reporting purposes to help us better serve individuals by learning more about their needs and the quality of the products and Services we provide. The survey responses may be utilized to determine the effectiveness of our Services, various types of communications, advertising campaigns, and/or promotional activities. If you participate in a survey, the information given will be used along with that of other study participants. We may share de-identified individual and aggregate data for business, research and analysis purposes.
(e)For Direct Mail, Email and Outbound Telemarketing. You may receive periodic emails, newsletters, mailings, or phone calls from us with information on our or our business partners’ products and services or upcoming special offers/events we believe may be of interest. We offer the option to decline these communications at no cost to you by following the instructions in below.
(g)For De-Identified and Aggregated Information Use. We may use personal information and other information about you to create anonymized and aggregated information, such as de-identified demographic information, de-identified location information, information about the computer or device from which you access our Services, or other analyses we create. Anonymized and aggregated information is used for a variety of functions, including the measurement of visitors’ interest in and use of various portions or features of the Services. De-identified or aggregated information is not personal Information, and we may use such information in a number of ways, including research, internal analysis, analytics, and any other legally permissible purposes. We may share this information within we and with Third Parties for our or their purposes in an anonymized or aggregated form that is designed to prevent anyone from identifying you.
(h)For Sharing Content with Friends or Colleagues. Our Services may offer various tools and functionalities. You may be able to forward or share certain content with a friend or colleague, such as an email inviting your friend to use our Services.
(i)For Other Uses. We may use personal information for which we have a legitimate interest, such as direct marketing, individual or market research, anti-fraud protection, or any other purpose disclosed to you at the time you provide personal information or with your consent.
Information We Collect From Third Parties
(a)Information Shared with Our Service Providers. We may engage third party service providers to work with us to administer and provide the Services. These third party service providers, which include other users who will be authenticating your PAI, have access to your information only for the purpose of performing Services on our behalf. We may also share your information with our marketing service providers to help us better market our products provide and Services to you. These marketing service providers may use your information only for the purpose of helping us to relevant products and Services information to you.
(b)Information Shared with other Third Parties. We may share de-identified or aggregated data we collect from the use of the Services, such as de-identified demographic information, de-identified location information, information about the computer or device from which you access the Services, market trends and other analysis that we create based on the information we receive from you and other users.
(c)Information Shared with Analytics and Other Service Providers.
(i)Google. We may use Google Analytics and Fabric Analytics, a service provided by Google, Inc. (“Google”), to gather information about how users engage with our Site and Services. For more information, please visit https://answers.io/img/onepager/privacy.pdf and www.google.com/policies/privacy/partners/. You can opt out of Google’s collection and processing of data generated by your use of the Services by going to https://tools.google.com/dlpage/gaoptout.
(d)Information Disclosed in Connection with Business Transactions. Information that we collect from our users, including personal information, is considered to be a business asset. Thus, if we are acquired by a third party as a result of a transaction such as a merger, acquisition or asset sale or if our assets are acquired by a third party in the event we go out of business or enter bankruptcy, some or all of our assets, including your personal information, may be disclosed or transferred to a third party acquirer in connection with the transaction.
(e)Information Disclosed for Our Protection and the Protection of Others. We cooperate with government and law enforcement officials or private parties to enforce and comply with the law. We may disclose any information about you to government or law enforcement officials or private parties as we, in our sole discretion, believe necessary or appropriate: (i) to respond to claims, legal process (including subpoenas); (ii) to protect our property, rights and safety and the property, rights and safety of a third party or the public in general; and (iii) to stop any activity that we consider illegal, unethical or legally actionable activity.
Third Party Websites, Social Media Platforms, and Software Development Kits
(b)Blogs and Forums. Our Services may include or link to sites or services that offer publicly accessible blogs, community forums, or private messaging features. The Site and our other Services may also contain links and interactive features with various social media platforms (e.g., widgets) as described above. If you already use these platforms, their technologies and cookies may be set on your device when using our Site or other Services. You should be aware that personal information which you voluntarily include and transmit online in a publicly accessible blog, chat room, social media platform or otherwise online, or that you share in an open forum may be viewed and used by others without any restrictions. We are unable to control such uses of your information when interacting with a social media platform, and by using such services you assume the risk that the personal information provided by you may be viewed and used by third parties for any number of purposes.
(c)SDKs and APIs. We may use third party software development kits (“SDKs”) and APIs as part of the functionality of our Services. Third party SDKs may allow third parties including advertisers to collect your personal information to provide content that is more relevant to you.
Third Party Payment Processing
You may acquire virtual items or merchandise through our Services. When you make purchases through the Services, we may process your payments through a virtual currency exchange or a third party application, including the Apple App Store, Google Play App Store, Amazon App Store (together with any similar applications, “App Stores”) and social networking sites such as Facebook. The third party application may collect certain financial information from you to 5.process a payment on our behalf, including your name, email address, address and other billing information.
We offer you choices regarding the collection, use and sharing of your information. Please note that if you decide not to provide us with the information that we request, you may not be able to access all of the features of the Services.
(b)Opt-out of Cookies and Ad Tracking. You can opt out of the collection and use of your information for ad targeting by going to https://www.aboutads.info/choices or https://www.youronlinechoices.eu/ to limit collection through the Site or by configuring the settings on your mobile device to limit ad tracking through the App. As noted above, you may stop or restrict the placement of cookies on your computer or remove them from your browser by adjusting your web browser preferences. To be clear, these cookie-based opt-outs must be performed on each device and browser that you wish to have opted-out. Please note that cookie-based opt-outs are not effective on mobile applications. However, on many mobile devices, application users may opt out of certain mobile ads via their device settings. Further information about your options can be found here: https://www.networkadvertising.org/mobile-choice.
(c)Modifying or Deleting Your Information. The Services offer the ability to modify or delete your information in the following ways: (i) logging into your Account and updating your address and contact information and (ii) deleting your Account.
Responding to Do Not Track Signals
Our Site does not have the capability to respond to “Do Not Track” signals received from various web browsers.
The Security of Your Information
We take reasonable administrative, technical and physical measures designed to protect the information that we collect from or about you from unauthorized access, use or disclosure. When you enter information on our forms, we encrypt this data using SSL or other technologies. We offer a variety of security techniques including a PIN, a paper key and biometric authorization (e.g., fingerprint, Face ID or touch ID) depending on your device. Please be aware, however, that no method of transmitting information over the Internet or storing information is completely secure. Accordingly, we cannot guarantee the absolute security of any information.
You agree that all information, including personal information, may be transferred to, and maintained on, computers located outside of your state, province, country or other governmental jurisdiction where the privacy laws may not be as protective as those in your jurisdiction. You agree that all personal information collected via or by us may be transferred, processed, and stored anywhere in the world, including but not limited to, the United States, the European Union, in the cloud, on our servers, on the servers of our affiliates or the servers of our service providers. Your personal information may be accessible to law enforcement or other authorities pursuant to a lawful request. By providing information to us, you explicitly consent to the storage of your personal information in these locations.
Our Policy Toward Children
Our Services are not directed to children, and we do not knowingly collect information from children. If we learn that we have collected information from a child under 13 (or 16 in some jurisdictions), we will take steps to delete such information from our files as soon as possible.
Your HIPAA Privacy Rights.
Redress/Compliance and Accountability
Terms of Service
These Terms of Service (which we call the “Terms”) form a legally binding contract between you and MedStar Health Research Institute Department of Biostatistics and Biomedical Informatics (“B&B”). (“B&B”). By using our websites, online or mobile applications, and other products and services (collectively, our “Services”), you are agreeing to these Terms.
ARBITRATION NOTICE: Please be advised that these Terms contain an arbitration clause. You and B&B agree that any dispute between us will be resolved by mandatory binding arbitration and you and B&B waive any right to participate in a class action lawsuit or class wide arbitration.
- Who Can Use Our Services
By using the Services, you state that: (i) you can form a binding contract with B&B; and (ii) you agree to comply with these Terms and all applicable laws and regulations.
- Our Property
The Services, including all work, material and/or product, taken by, submitted to, provided for or created through use of any portion of our Services is wholly the sole and exclusive property of B&B. Any unauthorized use of such property beyond the Terms stated herein or any unauthorized monetary exploitation or financial gain resulting therefrom shall constitute infringement of our intellectual property and you may be potentially liable for maximum damages, sanctions, disgorgement of profits, penalties and fines, as permitted by law.
- Rights We Grant You
B&B grants you a personal, non-assignable, nonexclusive, revocable, and non-sublicensable license to access and use our Services. This license is for the sole purpose of letting you use our Services in a way that these Terms allow. Any software that we provide you may automatically download and install upgrades, updates, or other new features. You may be able to adjust these automatic downloads through your device’s settings. You may not copy, modify, distribute, sell, or lease any part of our Services, nor may you reverse engineer or attempt to extract the source code of that software, unless applicable laws prohibit these restrictions or you have our written permission to do so. For avoidance of doubt, you have not been granted any rights whatsoever in any content that is created or edited with use of any portion of our Services as such content remains the sole property of B&B. Should you wish to license and/or exploit the rights of the content you created for, you must contact B&B in advance and submit your written request providing enough details describing your request to B&B’s satisfaction and agree that you shall not license and/or exploit the content created hereunder for any reason whatsoever beyond sharing on your personal social media profiles (i.e. Facebook, Twitter, Instagram) without B&B’s mutual approval. Should you receive any monetary or financial gain resulting from the exploitation and/or publication of the content you created hereunder without receiving B&B’s advance written approval, B&B shall be entitled to recover all net proceeds you actually receive or realize and shall have the right to demand an inspection and accounting thereof of all related bookkeeping and records.
- Rights You Grant us
Some of our Services let you create, upload, post, send, receive, and store content including, without limitation, any voice input, voice note or audio recording when using any portion of our Services; any photos and images taken or provided to us when using any portion of our Services; any songs, greetings and audio recordings or voice notes generated or created when using any portion of our Services; any images, models, graphics, simulations and/or other content generated or created when using any portion of our Services. You grant us and our affiliates a worldwide, royalty-free, irrevocable, perpetual, sublicensable, and transferable license to host, store, use, display, reproduce, modify, adapt, edit, publish, and distribute that content and to create derivative works from, promote, exhibit, broadcast, syndicate, publicly perform, and publicly display your content in any form and in any and all media or distribution methods (now known or later developed). We may access, review, screen and delete your content at any time and for any reason. We shall not be responsible for the content you create, upload, post, send or store through or related to our Services and you shall alone remain responsible for the content you create, upload, post, send, or store through our Services. Any feedback or suggestions you submit about B&B or our products or Services are non-confidential and will become the sole property of B&B.
- Content of Others
Some of the content on our Services is produced by users and other third parties. Whether that content is posted publicly or sent privately, the content is the sole responsibility of the person or organization that submitted it. Although B&B reserves the right to remove any content that violates these Terms, we do not necessarily review all of it. Therefore, we do not take responsibility for any other content that others provide through our Services. You acknowledge and agree that B&B is not responsible for examining or evaluating any aspect of any third-party services, applications or websites (collectively “Third Party Apps”) including those that use the Services. We make no representations or endorsements regarding those Third Party Apps, including without limitation as to their quality, accuracy, completeness, copyright compliance, legality, decency, reliability, security or any other aspect.
- Respecting Other People’s Rights
B&B respects the rights of others. You may not upload, post, send or store content that: violates or infringes someone else’s rights of publicity, privacy, copyright, trademark or other intellectual property right; bullies, harasses or intimidates; defames; or spams or solicits B&B users. You must also respect B&B rights. These Terms do not grant you any right to: use branding, logos, designs, photographs, audio, recordings, videos or any other materials used in our Services except as explicitly allowed by these Terms or our Services; copy, archive, download, upload, distribute, syndicate, broadcast, perform, display, make available, or otherwise use any portion of our Services or the content on our Services except as set forth in these Terms or as our Services allow; use our Services or any content on our Services for any commercial purposes without our consent. In short: You may not use our Services or the content on our Services in ways that are not authorized by these Terms. Nor may you help or enable anyone else in doing so.
- Respecting Copyright
B&B honors the requirements set forth in the Digital Millennium Copyright Act. We therefore take reasonable steps to expeditiously remove from our Services any infringing material that we become aware of. And if B&B becomes aware that one of its users has repeatedly infringed copyrights, we will take reasonable steps without our power to terminate the user’s ability to access or use our Services. If you believe that anything on our Services infringes a copyright that you own or control, please file a notice with our office at: 6525 Belcrest Avenue, Suite 700, Hyattsville, MD 20781, email: [email protected]. If you file a notice with our designated agent, it must comply with the requirements set forth at 17 U.S.C. § 512(c)(3). That means the notice must: contain the physical or electronic signature of a person authorized to act on behalf of the copyright owner; identify the copyrighted work claimed to have been infringed; identify the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed, or access to which is to be disabled, and information reasonably sufficient to let us locate the material; provide your contact information, including your address, telephone number, and an email address; provide a personal statement that you have a good-faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, is agent or the law; and provide a statement that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
By using our Services, you agree that: you will not use our Services for any purpose that is illegal or prohibited in these Terms; you will not use any robot, spider, crawler, scraper or other automated means or interface to access our Services or extract other user’s information; you will not use or develop any third-party applications that interact with our Services or other users’ content or information without our written consent; you will not use our Services in a way that could interfered with, disrupt, negatively affect, or inhibit other users from fully enjoying our Services, or that could damage, disable, overburden, or impair the functioning of our Services; you will not use or attempt to use another user’s account, username or password without their permission; you will not solicit login credentials from another user; you will not post content that contains pornography, graphic violence, threats, hate speech or incitements to violence; you will not upload viruses or other malicious code or otherwise compromise the security of our Services; you will not attempt to circumvent any content-filtering techniques we employ, or attempt to access areas or features of our Services that you are not authorized to access; you will not probe, scan or test the vulnerability of our Services or any system or network; and you will not encourage or promote any activity that violates these Terms.
- Your Account
You are responsible for any activity that occurs in your account. Please select a strong password that you don’t use for any other account. By using our Services, you agree that, in addition to exercising common sense: you will not create more than one account for yourself; you will not create another account if we have already disabled your account, unless you have our written permission to do so; you will not buy, sell, rent or lease access to your B&B account without our written permission; you will not share your password; you will not log in or attempt to access our Services through unauthorized third-party applications or clients. If you think that someone has gained access to your account, please immediately reach out to B&B Support.
- Data Charges
You are responsible for any mobile charges that you may incur for using our Services, including text-messaging and data charges. If you’re unsure what those charges may be, you should ask your service provider before using our Services.
- Third-Party Services
If you use a service, feature or functionality that is operated by a third party and made available through our Services (including Services we jointly offer with the third party), each party’s terms will be given the respective party’s relationship with you. B&B is not responsible or liable for those third party terms or actions taken under the third party’s terms.
- Modifying the Services and Termination
We may add or remove features, products, or functionalities, and we may also suspend or stop our Services altogether. We may take any of these actions at any time, and when we do, we may not provide with you any notice beforehand. B&B may terminate these Terms with you at any time, for any reason, and without advanced notice. That means that we may stop providing with you any Services, or impose new or additional limits on your ability to use our Services. For example, we may deactivate your account due to prolonged inactivity. Regardless of who terminates these Terms, both you and B&B continue to be bound by Sections 3, 6 12-21 of the Terms.
You agree, to the extent permitted under applicable law, to indemnify, defend and hold harmless B&B, our directors, officers, employees, and affiliates from and against any and all complaints, charges, claims, damages, losses, costs, liabilities, and expenses (including attorneys’ fees) due to, arising out of, or relating in any way to: (a) your access to or use of our Services; (b) your content; and (c) your breach of these Terms.
We try to keep our Services up and running and free of annoyances. But we make no promises that we will succeed. OUR SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND TO THE EXTENT PERMITTED BY APPLICABLE LAW WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN ADDITION, WHILE B&B ATTEMPTS TO PROVIDE A GOOD USER EXPERIENCE, WE DO NOT REPRESENT OR WARRANT THAT: (A) OUR SERVICES WILL ALWAYS BE SECURE, ERROR-FREE OR TIMELY; (B) OUR SERVICES WILL ALWAYS FUNCTION WITHOUT DELAYS, DISRUPRTIONS ON IMPERFECTIONS; OR (C) THAT ANY B&B CONTENT, USER CONTENT, OR INFORMATION YOU OBTAIN ON OR THROUGH OUR SERVICES WILL BE TIMELY OR ACCURATE. B&B TAKES NO RESPONSBILITY AND ASSUMES NO LIABILITY FOR ANY CONTENT THAT YOU, ANOTHER USER, OR A THIRD PARTY CREATES, UPLOADS, POSTS, SENDS, RECEIVES, OR STORES ON OR THORUGH OUR SERVICES. YOU UNDERSTAND AND AGREE THAT YOU MAY BE EXPOSED TO CONTENT THAT MIGHT BE OFFENSIVE, ILLEGAL, MISLEADING OR OTHERWISE INAPPROPRIATE, NONE OF WHICH B&B WILL BE RESPONSIBLE FOR.
- Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, B&B AND OUR DIRECTORS, SHAREHOLDERS, EMPLOYEES, AFFILIATES, LICENSORS AND SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR MULTIPLE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (A) YOUR ACCESS TO OR USE OF OR INABILITY ACCESS OR USE OF OUR SERVICES; (B) THE CONDUCT OR CONTENT OF OTHER USERS OR THIRD PARTIES ON OR THROUGH OUR SERVICES; (C) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR CONTENT, EVEN IF B&B HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; OR (D) YOUR CONTENT CREATED WITH, FROM OR THROUGH SOME PORTION OF OUR SERVICES.. IN NO EVENT WILL B&B’s AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO OUR SERVICES EXCEED THE GREATER OF $100 USD OR THE AMOUNT YOU PAID B&B, IF ANY, IN THE LAST 12 MONTHS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS IN THIS SECITON MAY NOT APPLY TO YOU.
- Arbitration, Class Waiver and Jury Waiver
PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY AS THEY REQUIRE YOU TO ARBITRATE DISPUTES WITH B&B, AND LIMIT THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.
- Applicability of Arbitration Agreement
All claims and disputes arising out of or relating to these Terms or the use of our Services that cannot be resolved in small claims court, will be resolved by binding arbitration on an individual basis, except that you and B&B are not required to arbitrate any dispute in which either party seeks equitable relief for the alleged use unlawful use of copyrights, trademarks, trade names, logos, trade secrets or patents.
- Arbitration Rules
The Federal Arbitration Act governs the interpretation and enforcement of this dispute-resolution provision. Arbitration will be initiated through the American Arbitration Association (“AAA”). If the AAA is not available to arbitrate, the parties will select an alternative arbitral forum. The rules of the arbitral forum will govern all aspects of this arbitration, except to the extent those rules conflict with these Terms. The arbitration will be conducted by a single neutral arbitrator. Any claims or disputes where the total amount sought is less than $10,000 USD may be resolved through binding non-appearance-based arbitration, at either party’s election. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
- Additional Rules for Non-appearance Arbitration
If non-appearance arbitration is elected, the arbitration will be conducted by telephone, online, written submissions, or any combination of the three; the specific manner will be chosen by the party initiating the arbitration. The arbitration will not involve any personal appearance by the parties or witnesses unless the parties mutually agree otherwise.
- Authority of the Arbitrator
The arbitrator will decide the jurisdiction of the arbitrator and the rights and liabilities, if any, of you and B&B. The dispute will not be consolidated with any other matters or joined with any other cases 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 the Terms. The arbitrator will issue a written award and statement of a decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you.
- Waiver of Jury Trial
YOU AND B&B WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and B&B are instead electing to have claims and disputes resolved by arbitration. Arbitration procedures are typically more limited, more efficient, and less costly than rules applicable in court and are subject to very limited review by a court. In any litigation between you and B&B over whether to vacate or enforce an arbitration award, YOU AND B&B WAIVE ALL RIGHTS TO A JURY TRIAL, and elect instead to have the dispute be resolved by a judge.
- Waiver of Class or Consolidated Actions
ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED 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 wavier of class or consolidated actions is deemed invalid or unenforceable, neither you nor we are entitled to arbitration; instead all claims and disputes will be resolve in a court as set forth in Section 17.
No part of the procedures will be open to the public or the media. All evidence discovered or submitted at the hearing is confidential and may not be disclosed, except by written agreement of the parties, pursuant to court order, or unless required by law. Notwithstanding the foregoing, no party will be prevented from submitting to a court of law any information needed to enforce this arbitration agreement, to enforce an arbitration award, or to seek injunctive or equitable relief.
- Right to Waive
Any rights and limitations set forth in this arbitration agreement may be waived by the party against whom the claim is asserted. Such waiver will not waive or affect any other portion of this arbitration agreement.
- Arbitration Agreement Survival
This arbitration agreement will survive the termination of your relationship with B&B.
- Choice of Law; Exclusive Venue
The Agreement is governed by Maryland law, excluding its choice of laws principles. The exclusive venue for any litigation arising from or related to the Agreement, the Services shall be the courts of Howard County, Maryland, except for any optional arbitration as described above. This Agreement will not be construed against either party as the drafter.
If any provision of these Terms is found unenforceable, then that provision will be severed from these Terms and not affect the validity and enforceability of any remaining provisions. You cannot assign the Agreement without our written agreement. We can assign the agreement to any entity that agrees to be bound by the terms of the Agreement.
Given the breadth of our Services, we sometimes need to craft additional terms and conditions for specific Services. Those additional terms and conditions, which will be available with the relevant Services, then become part of your agreement with us if you use those Services.
These terms make up the entire agreement between you and B&B, and supersede any prior agreements. These Terms do not create or confer any third-party beneficiary rights. If we do not enforce a provision in these Terms, it will not be considered a waiver. We reserve all rights not expressly granted to you. You may not transfer any of your rights or obligations under these Terms without our consent. These terms were written in English and to the extent the translated version of these Terms conflict with the English version, the English version will control.
B&B welcomes comments, questions, concerns or suggestions. Please send feedback to us by emailing [email protected]
Dated: November 2018