Bagelcode Terms of Use

Last modified: March 23, 2017

AGREEMENT AND SERVICES

 

PLEASE READ THESE TERMS OF USE CAREFULLY. THE TERMS OF USE IS A LEGAL AGREEMENT BETWEEN BAGELCODE, INC (HEREINAFTER, COLLECTIVELY REFERRED TO AS “BAGELCODE,” “WE,” OR “US”) AND YOU (“YOU”).

By accessing or using any Bagelcode service, you agree to be bound by these terms of use and all terms incorporated by reference. If you do not agree to these terms of use in their entirety, do not use any Bagelcode services.

Bagelcode, Inc. and/or its Affiliates provide access to the Bagelcode Services subject to the conditions set forth in these Terms of Use. For purposes of these Terms of Use, the term "Affiliates" means, with respect to any party, any person or entity which controls, is controlled by, or is under common control with, such party, and the term "Bagelcode Services" means the web sites of Bagelcode, including http://www.bagelcode.com and any other sites on which these Terms of Use are posted, and any other Bagelcode application, service or product licensed, downloaded or otherwise accessed by you through third party sites or sources, including the products and services available through any of the foregoing.

Without limiting the foregoing, each of your Bagelcode Service account(s) (each a "Bagelcode account"), if applicable, and participation in any Bagelcode Services are governed by these Terms of Use. Use of the Bagelcode Services is also governed by our Privacy Policy and any other terms of use applicable to services you register to use within a Bagelcode Service, including any amendments or updates thereto. You agree that we may modify these Terms of Use at any time in our sole discretion and such modification will be made effective upon the date signified above. You are responsible for reviewing these modifications. If you do not wish to be bound by the modified Terms of Use, you must cease using any Bagelcode Services. By continuing to access or use Bagelcode Services, you acknowledge and agree that you are bound by any such modifications.

ACCOUNT REGISTRATION

If you create a Bagelcode account within any Bagelcode Service, you must provide truthful and accurate information to us in creating such account. If Bagelcode has reasonable grounds to suspect that you have provided any information that is inaccurate, not current or incomplete, Bagelcode may suspend or terminate your ability to use or access a Bagelcode Service, and refuse any and all current or future use of or access to any or all Bagelcode Services (or any portion thereof).

Bagelcode requires all users to be over the age of thirteen (13). If you are between the ages of thirteen (13) and eighteen (18), you may create a Bagelcode account or use the Bagelcode Services only under the supervision of a parent or legal guardian who agrees to be bound by these Terms of Use.

Bagelcode reserves the right to limit the number of accounts a user can establish. This limit may change over time in our sole discretion.

You are solely responsible for all activity on any and all of your Bagelcode account(s) and for the security of your computer system. You should not reveal your username or password to any other person. Bagelcode will not ask you to reveal your password. If you forget your password, you can request to have a new password sent to your registered e-mail address. You agree to indemnify and hold Bagelcode and their respective employees, contractors, officers, directors, shareholders, agents, representatives, vendors, and content providers harmless for any improper or illegal use of any of your Bagelcode account(s). This includes illegal or improper use by someone to whom you have given permission to use your Bagelcode account(s) or whom you have negligently allowed to access your Bagelcode account(s). Bagelcode reserves the right to terminate your Bagelcode account(s) if any activity that occurs with respect to such account(s) violates these Terms of Use.

ELECTRONIC COMMUNICATIONS

When you access a Bagelcode Service, send e-mails or electronically chat with Bagelcode, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices in the Bagelcode Services. You agree that all agreements, notices, disclosures and other communications that Bagelcode provides to you electronically satisfy any legal requirement that such communications be in writing.

VIRTUAL ITEMS

Certain Bagelcode Services may provide you with the opportunity to license a variety of virtual items such as virtual currency, virtual goods, additional levels and content packs ("virtual items") that can be used while playing the Bagelcode Service. You may be required to pay a fee to obtain virtual items. When you use virtual items within a Bagelcode Service, any virtual items that you have purchased will be deemed used before any virtual items that you have earned.

You have no property interest in any virtual items. Any purchase of virtual items, and virtual items accumulated through any applicable Bagelcode Service membership benefits, are purchases of a limited, non-transferable, revocable license to use those virtual items within the applicable Bagelcode Service. Virtual items may not be transferred or resold for commercial gain in any manner, including, without limitation, by means of any direct sale or auction service. Virtual Items may not be purchased or sold from any individual or other company via cash, barter or any other transaction. Virtual items have no monetary value, and cannot be used to purchase or use products or services other than within the applicable Bagelcode Service. Virtual items cannot be refunded or exchanged for cash or any other tangible value.

Bagelcode may manage, regulate, control, modify or eliminate your virtual items in our sole discretion, and Bagelcode will have no liability to you or anyone for exercising those rights. In addition, all virtual items are unconditionally forfeited if your Bagelcode Service account is terminated or suspended for any reason, in Bagelcode's sole discretion, or if Bagelcode discontinues any Bagelcode Service or any portion or feature of any Bagelcode Service.

Bagelcode has no liability for hacking or loss of your virtual items. Bagelcode has no obligation to, and will not, reimburse you for any virtual items lost due to your violation of these Terms of Use. Bagelcode reserves the right, without prior notification, to limit the order quantity on any virtual items and/or to refuse to provide you with any virtual items. Price and availability of virtual items are subject to change without notice.

SOCIAL NETWORK SITES

If you access a Bagelcode Service via a third party social networking site (a "Social Game"), you should be aware that Social Games are only available to individuals who have registered with the social networking site through which s/he accesses Social Games. You agree that your social networking site account information is accurate, current and complete.

If Bagelcode has reasonable grounds to suspect that you have provided any information that is inaccurate, not current or incomplete, Bagelcode may suspend or terminate your ability to use or access Social Games and refuse any and all current or future use of or access to Social Games (or any portion thereof).

REVIEWS, COMMUNICATIONS AND SUBMISSIONS

Generally

Inappropriate, obscene, defamatory, offensive language, crude or explicit sexual content, discussions of any matters which are explicitly or by inference illegal in any way, discussions of illegal or any other drugs, and racially and ethnically offensive speech are examples of unsuitable content that are not permitted within the Bagelcode Services. Content standards may vary depending on where you are within a Bagelcode Service and the expectations of the relevant game community. Some game play may involve use of stronger language than others, including mild expletives. You should always use your best and most respectful and conservative judgment in interacting as part of any game play, and submitting any content, such as a review or post to any forums or message boards, within a Bagelcode Service.

We expressly reserve the right, but have no obligation, to: (a) monitor any communications within the Bagelcode Services, including, without limitation, to ensure that appropriate standards of online conduct are being observed, and (b) immediately or at any time remove any content that we deem objectionable or unsuitable in our sole discretion. Bagelcode does not endorse, approve, or prescreen any content that you or other users post or communicate on or through any Bagelcode Services. Bagelcode does not assume any responsibility or liability for any content that is generated, posted or communicated by any user on or through the Bagelcode Services. You agree to indemnify Bagelcode and each of their respective employees, contractors, officers, directors, shareholders, agents, representatives, vendors, and content providers from any liability or damages arising out of or resulting from any content you post or communicate on or through the Bagelcode Services.

Without limiting the generality of these policies and standards, the following actions are examples of behavior that violate these Terms of Use and may result in any or all of your Bagelcode account(s) being immediately suspended or terminated:

Public Nature of Communications

You acknowledge and agree that your submitted content, including your reviews and your communications with other users via online messaging, private messaging, forums or bulletin boards, and any other similar types of communications and submissions on or through any Bagelcode Service, are non-confidential, public communications, and you have no expectation of privacy concerning your use of or participation in any Bagelcode Services (other than with respect to the information you provide to us in establishing your Bagelcode account(s), if applicable). You acknowledge that personal information that you communicate publicly within any Bagelcode Service may be seen and used by others and may result in unsolicited communications. Bagelcode is not liable for any information that you choose to submit or communicate to other users on or through any Bagelcode Services, or for the actions of any other users of any Bagelcode Service.

You represent and warrant that you have all necessary rights in and to any materials that you post within any Bagelcode Service, that such materials do not infringe any proprietary or other rights of third parties, that all such content is accurate and will not cause injury to any person or entity, and that you will indemnify Bagelcode and their respective employees, contractors, officers, directors, shareholders, agents, representatives, vendors, and content providers for all claims resulting from your submitted and posted content. If any such materials incorporate the name, voice, likeness and/or image of any individual, you represent and warrant that you have the right to grant Bagelcode permission to use any such name, voice, likeness and/or image of such individual appearing in the materials you post throughout the world in perpetuity. Once you post or communicate any content or materials on or through a Bagelcode Service, you expressly grant Bagelcode the complete, worldwide, fully sublicensable and irrevocable right to quote, re-post, use, reproduce, modify, adapt, publish, translate, create derivative works from, display, distribute, transmit, and broadcast such content or materials, including without limitation the name you submit in connection with such content or materials, in any form, with or without attribution to you, and without any notice or compensation to you of any kind. We reserve the right to immediately remove any content that may be considered, in our sole discretion, in violation of the rights of any third party.

Commercial Activity and Unsolicited E-mail

You may not use any portion of the Bagelcode Services to collect information, including login names, about other users, and use of such information to send unsolicited e-mail or for any other purpose is strictly prohibited. You may not advertise any goods or services on any Bagelcode Services, or otherwise exploit your participation on or through any Bagelcode Services for any commercial purpose.

Customer Reviews

You may submit reviews of certain Bagelcode Services. Use of the reviews feature is for your personal, non-commercial use and is at your own option and risk, and you must comply with the policies set forth in this Terms of Use.

When you post a review, we will display your rating of the Bagelcode Service, along with your user name and certain other information you may provide, such as your city and state location, skill level, favorite game and favorite genres. By submitting a review, you are consenting to the release of all information that you provide in that review to a public forum. If you do not want any such information to be shared in a public forum, do not use the review feature.

BAGELCODE SOFTWARE

We may require that you download certain software from Bagelcode, its principals or its licensors onto your computer ("Bagelcode Software"). Subject to your compliance with these Terms of Use, Bagelcode grants to you a non-exclusive, non-transferable, non-sublicensable, revocable, limited license to use the Bagelcode Software to participate in the Bagelcode Services. The Bagelcode Software is for your personal use, and may not be reproduced, duplicated, copied, resold, sublicensed, or otherwise used in whole or in part by you for commercial purposes. You may not modify, translate, reverse-engineer, reverse-compile or decompile, disassemble or create derivative works from any of the Bagelcode Software.

NEITHER BAGELCODE, INC. NOR ITS LICENSORS IS LIABLE FOR ANY DAMAGES IN CONNECTION WITH YOUR USE OF ANY BAGELCODE SOFTWARE (INCLUDING LIABILITY FOR ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES OR DAMAGE TO YOUR COMPUTER HARDWARE OR SOFTWARE), AND THE ENTIRE RISK OF USE, INCLUDING, WITHOUT LIMITATION, ANY DAMAGE TO YOUR COMPUTER HARDWARE OR SOFTWARE, RESULTING FROM ANY USE OF THE BAGELCODE SOFTWARE, RESIDES WITH YOU.

THIRD PARTY LINKS and THIRD PARTY CONTENT AND SERVICES

Any and all software, content and services (including advertising) within a Bagelcode Service that are not owned by Bagelcode are "third party content and services." Bagelcode acts merely as an intermediary service provider of, and accepts no responsibility or liability for, third party content and services. In addition and without limiting the generality of the foregoing, certain Bagelcode Services may include links to sites operated by third parties, including advertisers and other content providers. Those sites may collect data or solicit personal information from you. Bagelcode does not control such sites, and is not responsible for their content, policies, or collection, use or disclosure of any information those sites may collect.

VIOLATION OF THESE TERMS OF USE

If you violate our Terms of Use, Bagelcode reserves the right, in its sole discretion, to immediately terminate your participation in any or all Bagelcode Services, including any and all Bagelcode accounts you have established. You acknowledge that Bagelcode is not required to notify you prior to terminating any such account.

TERMINATION OF ANY BAGELCODE ACCOUNT

Bagelcode and you each have the right to terminate or cancel any of your Bagelcode account(s), if applicable, at any time for any reason. You understand and agree that cancellation of your Bagelcode account(s) and/or ceasing use of any and all Bagelcode Services are your sole right and remedy with respect to any dispute with Bagelcode. This includes, but is not limited to, any dispute arising out of or directly or indirectly related to: (a) any provision contained in these Terms of Use or any other agreement between you and Bagelcode, including, without limitation, the Privacy Policy, or Bagelcode's enforcement or application of these Terms of Use or any other such agreement, including, without limitation, the Privacy Policy, (b) the content available on or through the Bagelcode Services, or any change in or to such content, (c) your ability to access and/or use any Bagelcode Services, or (d) the amount or type of any fees, surcharges, applicable taxes, billing methods, or any change to the fees, applicable taxes, surcharges or billing methods, in each case imposed or implemented by Bagelcode on or through any Bagelcode Service.

Bagelcode reserves the right to collect fees, surcharges or costs incurred before you cancel your Bagelcode account(s) or a particular subscription. In the event that your Bagelcode account or a particular subscription is terminated or cancelled, no refund will be granted, no online time or other credits (e.g., points in an online game) will be credited to you or converted to cash or other form of reimbursement, and you will have no further access to your account or anything associated with it (such as points, tokens or in-game items). Any delinquent or unpaid accounts must be settled before Bagelcode may allow you to create any new or additional accounts. All virtual items are unconditionally forfeited if your Bagelcode account is terminated or suspended for any reason, in Bagelcode's sole discretion, or if Bagelcode discontinues any Bagelcode Service that includes virtual items.

Without limiting the foregoing provisions, if you violate these Terms of Use, Bagelcode may issue you a warning regarding the violation, or, in Bagelcode's sole discretion, immediately terminate any and all Bagelcode accounts that you have established with any Bagelcode Service, with or without notice.

INTELLECTUAL PROPERTY and CONTENT RIGHTS

 

 “Intellectual Property Rights” are patents, rights to inventions, copyright and related rights, trademarks, business names and domain names, rights in get-up, goodwill and the right to sue for passing off or unfair competition, rights in designs, database rights, and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.

“Content” refers to the names, logos, icons, concepts, themes, designs, animations, sounds, videos, any other production assets, operating manuals, and all other works or material recorded or embodied in the content.

Bagelcode retains all of its rights, title to, and ownership of all Intellectual Property Rights relating or applying to the Bagelcode Software and Content. You shall not modify, reproduce, reverse engineer, decompile, disassemble, distribute, create derivative works, or otherwise use all or part of the Bagelcode Software and Services. All other trademarks not owned by Bagelcode that appear on the Bagelcode Services are the property of their respective owners, who may or may not be affiliated with or connected to Bagelcode. If you fail to adhere to these Terms of Use, other content owners may take criminal or civil action against you.

In the event legal action is taken against you for your acts and/or omissions with regard to any content on the Bagelcode Services, you agree to indemnify and hold harmless Bagelcode and its employees, contractors, officers, directors, shareholders, agents, representatives, vendors, and content providers.

LIMITATIONS ON WARRANTIES AND LIABILITY

YOU EXPRESSLY AGREE THAT THE USE OF ANY BAGELCODE SERVICE, BAGELCODE SOFTWARE AND THE INTERNET IS AT YOUR SOLE RISK. ALL BAGELCODE SERVICES AND BAGELCODE SOFTWARE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, BAGELCODE DOES NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE BAGELCODE SERVICES OR BAGELCODE SOFTWARE AT ANY PARTICULAR TIMES OR LOCATIONS, OR THAT THE BAGELCODE SERVICES, BAGELCODE SOFTWARE, NEWSLETTERS, E-MAILS OR OTHER COMMUNICATIONS SENT FROM BAGELCODE ARE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.

YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH BAGELCODE IS TO STOP USING THE BAGELCODE SERVICES AND BAGELCODE SOFTWARE, AND TO CANCEL ANY AND ALL OF YOUR BAGELCODE ACCOUNTS, IF APPLICABLE. YOU ACKNOWLEDGE AND AGREE THAT BAGELCODE IS NOT LIABLE FOR ANY ACT OR FAILURE TO ACT ON ITS OWN PART, OR FOR ANY CONDUCT OF, OR COMMUNICATION OR CONTENT POSTED WITHIN A BAGELCODE SERVICE BY, ANY BAGELCODE SERVICE USER. IN NO EVENT SHALL BAGELCODE'S OR ITS EMPLOYEES', CONTRACTORS', OFFICERS', DIRECTORS' OR SHAREHOLDERS' LIABILITY TO YOU EXCEED THE AMOUNT THAT YOU PAID TO BAGELCODE FOR YOUR PARTICIPATION IN ANY BAGELCODE SERVICE. IN NO CASE SHALL BAGELCODE OR ITS EMPLOYEES, CONTRACTORS, OFFICERS, DIRECTORS OR SHAREHOLDERS BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF ANY BAGELCODE SERVICE OR BAGELCODE SOFTWARE. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, SUCH LIABILITY SHALL BE LIMITED TO THE FULL EXTENT PERMITTED BY LAW.

YOU FURTHER SPECIFICALLY ACKNOWLEDGE THAT BAGELCODE IS NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD BAGELCODE LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OTHER USERS OF BAGELCODE SERVICES AND OPERATORS OF SOCIAL NETWORKING AND OTHER EXTERNAL SITES, AND THAT THE RISK OF USING OR ACCESSING BAGELCODE SERVICES AND BAGELCODE SOFTWARE, SOCIAL NETWORKING SITES AND OTHER EXTERNAL SITES, AND OF INJURY FROM THE FOREGOING, RESTS ENTIRELY WITH YOU.

INDEMNIFICATION

You agree to defend, indemnify and hold harmless Bagelcode and their respective employees, contractors, officers, directors, shareholders, agents, representatives, vendors, and content providers from and against any and all liabilities, claims and expenses, including attorneys' fees, that arise from a breach of these Terms of Use for which you are responsible or in connection with your transmission of any content to, on or through any Bagelcode Service. Without limiting your indemnification obligations described herein, Bagelcode reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

EXPORT CONTROL LAWS

Certain Bagelcode Services may be subject to United States and international export controls. By accessing Bagelcode Services, you warrant that you are not located in any country, or exporting any Bagelcode Services, to any person or place to which the United States, European Union or any other jurisdiction has embargoed goods. You agree to abide by all applicable export control laws and further agree not to transfer or upload, by any means electronic or otherwise, any Bagelcode Services that may be subject to restrictions under such laws to a national destination prohibited by such laws without obtaining and complying with any required governmental authorizations.

OTHER LEGAL TERMS

You agree that these Terms of Use are not intended to confer and do not confer any rights or remedies upon any third party. If any part of these Terms of Use are held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. If any provision of these Terms of Use is found to be illegal or unenforceable, these Terms of Use will be deemed modified to the extent necessary to make them legal and enforceable, and will remain, as modified, in full force and effect. These Terms of Use, including all terms and policies referenced herein, contain the entire understanding, and supersede all prior agreements, between you and Bagelcode relating to this subject matter, and cannot be changed or terminated orally.

PRIVACY

Bagelcode respects the privacy of Bagelcode Services users. Please review our Privacy Policy, which also governs your access to and use of the Bagelcode Services, to understand our policies and practices with respect your personal information.

APPLICABLE LAW, JURISDICTION, AND VENUE

These Terms of Use and the rights of the parties hereunder shall be governed by and construed in accordance with the laws of Republic of Korea.

Any legal suit, action or proceeding arising out of or relating to this Agreement shall be settled through arbitration in accordance with the Rules of Conciliation and Arbitration of the International Chamber of Commerce.

You and Bagelcode irrevocably consent to the exclusive jurisdiction and venue of the Seoul Central District located in Seoul, Korea for all disputes arising out of or relating to these Terms of Use, the subject matter of these Terms of Use, or your access to and use of any Bagelcode Service, that are heard in court (not arbitration).

DISPUTE RESOLUTION BY BINDING ARBITRATION

PLEASE READ THIS "DISPUTE RESOLUTION BY BINDING ARBITRATION" PROVISION CAREFULLY, BECAUSE IT REQUIRES YOU TO ARBITRATE DISPUTES WITH BAGELCODE AND IT LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF.

THIS PROVISION PRECLUDES YOU FROM BRINGING ANY CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION AGAINST BAGELCODE. IT ALSO PRECLUDES YOU FROM PARTICIPATING IN OR RECOVERING RELIEF UNDER ANY CURRENT OR FUTURE CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION AGAINST BAGELCODE BY SOMEONE ELSE. IN ADDITION, ARBITRATION PRECLUDES YOU FROM SUING IN COURT OR FROM HAVING A JURY TRIAL.

WHETHER TO AGREE TO ARBITRATION IS AN IMPORTANT DECISION. IT IS YOUR DECISION TO MAKE AND YOU SHOULD NOT RELY SOLELY ON THE INFORMATION PROVIDED IN THIS AGREEMENT, AS IT IS NOT INTENDED TO CONTAIN A COMPLETE EXPLANATION OF THE CONSEQUENCES OF ARBITRATION. YOU SHOULD TAKE REASONABLE STEPS TO CONDUCT FURTHER RESEARCH AND TO CONSULT WITH OTHERS REGARDING THE CONSEQUENCES OF YOUR DECISION. YOU MAY OPT OUT OF THIS ARBITRATION PROVISION BY FOLLOWING THE INSTRUCTIONS BELOW.

Scope of Arbitration Provision. You and Bagelcode agree that any dispute, claim or controversy arising out of or relating to your access to or use of any Bagelcode Service or to these Terms of Use (including without limitation any dispute concerning the breach, enforcement, construction, validity, interpretation, enforceability, or arbitrability of these Terms of Use) (a "Dispute"), shall be determined by arbitration, except that you and Bagelcode are NOT required to arbitrate any Dispute in which either party seeks equitable and other relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents.

Location of Arbitration and Applicable Rules. You and Bagelcode agree that such arbitration shall occur in Seoul, Korea. You may request to appear in such proceedings telephonically. You and Bagelcode agree that such arbitration shall be conducted by a single arbitrator in accordance with the rules of the Judicial Arbitration and Mediation Service ("JAMS"), as modified by these Terms of Use.

Authority of Arbitrator. With the exception of class procedures and remedies as discussed below under "Waiver of Class Relief," the arbitrator shall have the authority to grant any remedy that would otherwise be available in court.

Confidentiality. You and Bagelcode shall maintain the confidential nature of the arbitration proceedings and the arbitration award, including the arbitration hearing, except as may be necessary to prepare for or conduct the arbitration hearing on the merits, or except as may be necessary in connection with a court application for a preliminary remedy, a judicial challenge to an award or its enforcement, or unless otherwise required by law or judicial decision

Allocation of Arbitration Fees. If you assert a Dispute as a consumer, you will only be required to pay arbitration fees of $250 of the fees charged by JAMS in connection with any arbitration under this section, and Bagelcode will bear all other costs charged by JAMS or the arbitrator, including any remaining JAMS Case Management Fee and all professional fees for the arbitrator's services. You will still be responsible for paying your own attorneys’ fees.

WAIVER OF CLASS RELIEF. WHETHER THE DISPUTE IS HEARD IN ARBITRATION OR IN COURT, YOU AGREE THAT YOU AND BAGELCODE WILL NOT COMMENCE AGAINST THE OTHER A CLASS ACTION, CLASS ARBITRATION OR OTHER REPRESENTATIVE ACTION OR PROCEEDING. YOU AND BAGELCODE ARE EACH WAIVING RESPECTIVE RIGHTS TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

Procedure to Opt Out of Arbitration Provision. You may opt out of this arbitration provision only by Notice via email. You must send such Notice within thirty (30) days of your acceptance of these Terms of Use. You must sign and date the Notice, and include in it your name, address, and a clear statement that you do not wish to resolve disputes with Bagelcode through arbitration. If you do not follow this procedure by your thirty (30) day deadline to do so, then you and Bagelcode shall both be bound by the terms of this section entitled Dispute Resolution by Binding Arbitration.

If any portion of this section entitled "Dispute Resolution by Binding Arbitration" is determined by a court to be inapplicable or invalid, then the remainder shall still be given full force and effect.

STATUTE OF LIMITATIONS

You and Bagelcode agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of a Bagelcode Service, these Terms of Use or the Privacy Policy, must be filed within ONE (1) YEAR after such claim or cause of action arose, and is thereafter forever barred.

SEVERABILITY

If any part of these Terms of Use is determined by a court to be inapplicable or invalid, then the remainder shall still be given full force and effect.

CONTACT US

support@bagelcode.com