Terms of Service
Glimpse LLC (doing business as "BSIMB"), a Delaware Limited Liability Company ("BSIMB", "we" or "us")
Last updated: May 14th, 2020. Effective as of: May 14th, 2020
Please Read The Following Terms And Conditions Carefully
THE TERMS AND CONDITIONS SET FORTH BELOW "TERMS" GOVERN YOUR USE OF THE WEBSITE LOCATED AT WWW.BSIMB.COM THE "SITE" AND THE BSIMB PRODUCT (COLLECTIVELY, THE "SERVICES". THESE TERMS ARE A LEGAL CONTRACT BETWEEN YOU AND BSIMB AND GOVERN YOUR ACCESS TO, AND USE OF, THE SERVICES. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, DO NOT ACCESS OR OTHERWISE USE THE SERVICES OR ANY INFORMATION CONTAINED ON THIS SITE. YOUR USE OF THIS SITE AND/OR THE SERVICES WILL BE DEEMED TO BE YOUR AGREEMENT TO ABIDE BY EACH OF THE TERMS SET FORTH BELOW. BSIMB MAY MAKE CHANGES TO THE CONTENT AND THE SERVICES OFFERED ON THIS SITE AT ANY TIME. BSIMB MAY CHANGE THESE TERMS AT ANY TIME BY POSTING UPDATED TERMS OF USE ON THE SITE(S) AND BY SENDING REGISTERED USERS AN EMAIL NOTICE OF THE CHANGES. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOU WILL CEASE USING THE SITE AND SERVICES. IF YOU DO NOT CEASE USING THE SITE AND SERVICES, YOU WILL BE DEEMED TO HAVE ACCEPTED THE CHANGE.
YOU REPRESENT, ACKNOWLEDGE AND AGREE THAT YOU ARE AT LEAST 18 YEARS OF AGE. YOU REPRESENT TO BSIMB THAT YOU ARE LAWFULLY ABLE TO ENTER INTO CONTRACTS. IF YOU ARE ENTERING INTO THIS AGREEMENT FOR AN ENTITY, SUCH AS A COMPANY, MUNICIPALITY, OR GOVERNMENT AGENCY YOU WORK FOR, YOU REPRESENT TO BSIMB THAT YOU HAVE LEGAL AUTHORITY TO BIND THAT ENTITY. IF YOU DO NOT HAVE AUTHORITY TO BIND SUCH ENTITY, DO NOT USE THE SERVICES. IF YOU DISAGREE WITH ANY OF THE TERMS BELOW, WE DO NOT GRANT YOU ANY LICENSE OR RIGHT TO USE THE SERVICES OR THE SITE.
THIS AGREEMENT CONTAINS A MANDATORY ARBITRATION PROVISION THAT, AS FURTHER SET FORTH IN SECTION 19 BELOW, REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR ANY OTHER COURT PROCEEDINGS, OR CLASS ACTIONS OR CLASS ARBITRATIONS OF ANY KIND.
Registration
When You register on the Site, You may be asked to create Your own profile. Your profile includes, but is not limited to, personal information such as Your user name, Your email and general information You wish to disclose about Yourself. Upon successful registration, You become a member of the Website (a "Member"), and for as long as You remain a Member, You agree to comply with the then applicable Terms.
General Use Restrictions
Materials Certain information, documents, materials and services provided on and through the Site(s), including content, logos, graphics and images (together, the "Materials") are made available to You by us and are our copyrighted and/or trademarked work. Materials do not include Content (as defined below). The terms specific to the Submissions are described below.
License The Service is licensed (not sold) to You. Subject to your compliance with this Agreement, and solely for so long as you are permitted by BSIMB to use the Service, BSIMB grants You a limited, personal, non-exclusive and non-transferable license to use and to display and to make one copy of the Materials and to use the Materials on the Site(s) solely for Your personal use. Except for the license set forth in the preceding sentence above, You acknowledge and agree that You have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Materials in any manner. This limited license terminates automatically, without notice to You, if You breach any of these Terms. Upon termination of this limited license, You agree to immediately destroy any downloaded or printed Materials. Except as stated herein, You acknowledge that You have no right, title or interest in or to the Site(s), any Materials, or the Services.
Restrictions You are permitted to access and use the Services and BSIMB reserves the right to audit such use. You will be responsible for ensuring the security and confidentiality of all log-on identifiers, including usernames and passwords, assigned to, or created by, You in order to access or use the Services (an "ID"). You accept that You will be solely responsible for all access and use of the Services that occur under Your ID and will promptly notify BSIMB upon becoming aware of any unauthorized access to or use of the Services. You will provide all reasonable assistance to BSIMB to bring an end to such unauthorized access or use.
Use Limits You agree not to misuse the BSIMB Services. For example, You must not, and must not attempt to, use the services to do the following things: (i) probe, scan, or test the vulnerability of any system or network; (ii) breach or otherwise circumvent any security or authentication measures; (iii) access, tamper with, or use non-public areas of the Service, shared areas of the Service You have not been invited to, BSIMB (or our service providers’) computer systems; (iv) interfere with or disrupt any user, host, or network, for example by sending a virus, overloading, flooding, spamming, or mail-bombing any part of the Services; (v) plant malware or otherwise use the Services to distribute malware; (vi) access or search the Services by any means other than our publicly supported interfaces (for example, "scraping"); (vii) send unsolicited communications, promotions or advertisements, or spam; (viii) send altered, deceptive or false source-identifying information, including "spoofing" or "phishing"; (ix) publish anything that is fraudulent, misleading, or infringes another’s rights; (x) promote or advertise products or services other than Your own without appropriate authorization; (xi) impersonate or misrepresent Your affiliation with any person or entity; (xii) publish or share materials that are unlawfully pornographic or indecent, or that advocate bigotry, religious, racial or ethnic hatred; or (xiii) violate the law in any way, or to violate the privacy of others, or to defame others.
Privacy Policy
Your use of the Site(s) is governed by the BSIMB Privacy Policy.
Content
As between the parties, You will remain the owner of all rights (including all intellectual property rights) in all data, information or material provided or made available by You to BSIMB through access to or use of the Services and will exclude Statistics ("Content"). You grant BSIMB a perpetual, irrevocable, non-exclusive, worldwide and royalty-free license, to use, reproduce, distribute, publish and publicly display the Content and the right to modify, adapt, translate, create derivative works from and/or incorporate the same into other works in any form, media or technology (whether now known or later developed), solely and exclusively for the purpose of providing the Services to You and performing BSIMB’s obligations under this Agreement. This license includes the right for BSIMB to assign and/or sub-license the same to any of its affiliates or service providers or sub-license to licensors, but only to the extent required by BSIMB to provide the Services and perform its obligations under this Agreement. For the avoidance of doubt, all media you share with BSIMB through the application and over its servers, and any derivative works, will only be shared with you and users to whom you allow access to your BSIMB account; under no circumstances will any of your media be used for marketing or other purposes unrelated to your use of the BSIMB service, without your express permission. The term Statistics means any anonymous data, and expressly excluding personally identifiable data, that BSIMB derives through its Site and performance of the Services. For the avoidance of doubt, BSIMB may use Statistics for the modification, enhancement, and improvement of the Services, and may use Statistics for the marketing or promotion of BSIMB, the Services or any future product or service offering, provided any such use of Statistics cannot reasonably be identified as Your aggregate information alone. You agree You will not upload, post or otherwise make available on the Site(s) any material protected by copyright, trademark, or any other proprietary right without the express permission of the owner of such right, and the burden of determining whether any Content is protected by any such right is on You. You will be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights, or any other harm resulting from any Content that You make. You represent and warrant that: (i) You own all Content posted by You on or through the Services or otherwise have the right to grant the licenses to BSIMB set forth in this section; and (ii) the posting of Your Contents through the Services do not violate the privacy rights, publicity rights, trademark rights, copyrights, contract rights or any other rights of any person or entity. You agree to pay for all royalties, fees, damages and any other monies owing any person by reason of any Contents posted by You to or through the Services.
Services
The Services are primarily for the display of Your Content in digital form in BSIMB products. BSIMB reserves the right to make enhancements or other modifications to the Services from time to time, without materially detracting from their overall functionality.
Updates
BSIMB may allow or require you to download updates or patches onto your BSIMB product. Certain updates may be required to continue use of BSIMB products and Services. You consent to BSIMB automatically installing available updates to BSIMB products and Services. Failure to install available updates may render BSIMB products and/or Services unusable.
Suspension of Services
BSIMB may temporarily suspend (in whole or part) access to the Services: (i) for the purpose of performing maintenance and/or of updating the Services (whether on a scheduled or unscheduled basis); (ii) due to a security threat or prejudicial use of the Services (perceived or actual); (iii) to comply with any applicable law or the requirement of any Internet or, if applicable, telecommunication networks service provider upon whom BSIMB relies for the provision of the Services; or (iv) to address, remedy or prevent any breach of this Agreement by You; and to minimize any period of interruption and restore the Services as soon as reasonably possible, except where the cause of suspension arises from Your breach and You have failed to take the necessary steps to remedy the breach.
Third Party Content
Certain information and other content appearing in the Services may be the material of third party licensors, users or suppliers to BSIMB ("Third Party Content"). Third Party Content does not include Your Content. The Third Party Content is, in each case, the copyrighted and/or trademarked work of the creator/licensor. You agree to only display the Third Party Content on Your computer or other display device solely for Your personal use or internal business use. You acknowledge and agree that under these terms alone You have no right to download, cache, reproduce, modify, display, edit, alter or enhance any of the Third Party Content in any manner unless You have permission from the owner of the Third Party Content.
Payments
BSIMB may allow You to purchase premium services through our Services. We may also require that You purchase a subscription to use certain features of the Services (a "Premium Membership"). By purchasing a Premium Membership or other premium services (each, a "Transaction"), You expressly authorize BSIMB (or its third-party payment processor) to charge You for such Transaction. BSIMB may ask You to provide additional information relevant to Your Transaction, including Your credit card number, the expiration date of Your credit card and Your email and postal addresses for billing and notification (such information, "Payment Information"). You represent and warrant that You have the legal right to use all payment methods represented by Payment Information that You provide us. You acknowledge and agree that we have no liability with respect to any act or omission by Your payment provider. When You initiate a Transaction, You authorize us to provide Your Payment Information to third parties so we can complete Your Transaction and to charge Your payment method for the type of Transaction You have selected (plus any applicable taxes and other charges). You may need to provide additional information to verify Your identity before completing Your Transaction (such information is included within the definition of Payment Information).
BSIMB Plus Membership
Subscription Fee If You purchase a BSIMB Plus membership, You will be charged an annual subscription fee, plus any applicable taxes and other charges ("Subscription Fee"), at the beginning of Your BSIMB Plus membership, and at the start of each annual billing period thereafter, at the then-current Subscription Fee. BSIMB (or its third-party payment processor) will automatically charge You annually on the anniversary of the commencement of Your Annual Subscription, using the Payment Information You have provided until You cancel Your Annual Subscription. If You have an Annual Subscription, we will send You a reminder at least three (3) days prior to each renewal with the then-current Subscription Fee. We reserve the right to change our Subscription Fees. We will provide You advance notice of any increase in the Subscription Fees applicable to Your BSIMB Plus membership.
Cancellation You may cancel Your BSIMB Plus membership at any time, contacting our support team at help@BSIMB.com and selecting "Cancel Subscription." BSIMB will refund to You the unused, pre-paid amount of Your Subscription Fee on a pro-rated monthly basis. You will be responsible for all Subscription Fees (plus any applicable taxes and other charges) incurred until BSIMB receives written notice of Your cancelation as set forth above.
Feedback
You may, during the Term, provide BSIMB with oral feedback and/or written feedback related to Your use of the Services, Site, or any other BSIMB product or service, including, but not limited to, a report of any errors which You may discover in the foregoing or any related documentation. User Content is expressly excluded from Feedback. Such reports, and any other materials, information, ideas, concepts, feedback and know-how provided by You to BSIMB concerning the Services, Site or any other BSIMB product or service and any information reported automatically through the Services to BSIMB ("Feedback") will be the property of BSIMB. You agree to assign, and hereby assign, all rights, title and interest worldwide in the Feedback, and the related intellectual property rights, to BSIMB and agree to assist BSIMB, at BSIMB’ expense, in perfecting and enforcing such rights.
Links to Third Party Sites
The Site may contain hyperlinks to web sites that are not controlled by BSIMB. You acknowledge and agree that BSIMB is not responsible for and does not endorse or accept any responsibility over the content or use of these web sites, including, without limitation, the accuracy or reliability of any information, data, opinions, advice or statements made on these web sites. You further understand that such third party sites and Third Party Services are governed by separate agreements accompanying such portions of the Services and You agree to be bound by the terms and conditions of such agreements. Your dealings with other entities promoted on or through the Services, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between You and such other entity. You agree that BSIMB will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the promotion of such other entities through the Services.
Unauthorized Activities
Unauthorized use of the Services or Third Party Content may violate certain laws and regulations. You agree to defend, indemnify and hold BSIMB and its officers, directors, employees, affiliates, agents, licensors, and business partners harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys' fees and costs of defense) that BSIMB or any other indemnified party suffers in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third party based on Your Content and/or Your use of the Services or Third Party Content or the use by any person, using Your user name and/or password, that violates any applicable law or regulation, or the copyrights, trademark rights or other rights of any third party. BSIMB may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required or at BSIMB' discretion, BSIMB will cooperate with law enforcement agencies in any investigation of alleged illegal activity on this Site, the Services or on the Internet.
Proprietary Rights
Neither this Agreement nor any provision herein transfers ownership or any license not expressly granted, from BSIMB to You of any BSIMB intellectual property right of any kind whatsoever including, but not limited to, any Services or the Site, and all right, title and interest in and to the foregoing and BSIMB’ legally protectable methods, processes, systems, operations, network or customer support methodology or technology, or any other technology of any kind whatsoever and all intellectual property rights therein will remain solely with BSIMB.
Term and Termination
Though we’d much rather You stay, You can stop using our Services anytime. We reserve the right to suspend or end the Services at any time, with or without cause, and with or without notice. For example, we may suspend or terminate Your use if You are not complying with these Terms, or use the Services in any way that would cause us legal liability or disrupt others’ use of the Services. If we suspend or terminate Your use, we will try to let You know in advance and help You retrieve data, though there may be some cases (for example, repeatedly or flagrantly violating these Terms, a court order, or danger to other users) where we may suspend immediately.
Disclaimer of Warranties
BSIMB Hardware Limited Warranty BSIMB may offer a warranty for Your physical product.
Refund and Replacements Policy Within 120 days of purchase: In the event that a customer is not fully satisfied with the product or is having technical difficulties with the product, we offer the option for a replacement or full refund within 120 days of purchase. If the customer prefers a refund, we may request that the product be returned to us within 30 days. Our customer service team will provide a pre-paid shipping label so the customer does not incur additional costs.
After 120 days of purchase: We will consider replacements and refunds on a case-by-case basis.
Disclaimer TO THE MAXIMUM EXTENT PERMITTED BY LAW, ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE PRODUCTS THAT CANNOT BE DISCLAIMED ARE LIMITED TO THE DURATION OF THE APPLICABLE EXPRESS WARRANTY. ALL OTHER EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF NON-INFRINGEMENT, ARE DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY LAW. Some jurisdictions do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to You. This warranty gives You specific legal rights, and You may also have other rights which vary by jurisdiction and which are not varied by this clause to the extent that doing so would breach such applicable law.
Disclaimer of Warranty for Services BSIMB will use commercially reasonable efforts to correct any discovered defects in the Services. However, to the maximum extent permitted by applicable law, Your access to and use of the Services is at Your own risk. We are not responsible for the content provided by, or the conduct of, any user and You bear the entire risk of using the Services and any interactions with other users. Our Services are provided on an "AS IS" and "AS AVAILABLE" basis and, to the maximum extent permitted by applicable law, we do not represent, warrant, or guarantee that the Services will be provided uninterrupted, error-free, virus-free, or that defects will be corrected. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES REGARDING THE SERVICES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING THE WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, OR NON-INFRINGEMENT. If applicable law requires any warranties with respect to our Services, all such warranties are limited in duration to the longer of thirty (30) days from the date of Your first use or the minimum duration allowed by law.
Limitation of Liability
Exclusion of Consequential Damages and Limit of Liability EXCEPT TO THE EXTENT REQUIRED BY LAW, BSIMB WILL NOT BE RESPONSIBLE FOR ANY LOST PROFITS, REVENUES, OR DATA, COST OF SUBSTITUTE GOODS OR SERVICES, OR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY, RELATED TO OR ARISING OUT OF THESE TERMS OR YOUR USE OF THE PRODUCTS, OR SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY FOR ANY CLAIM RELATED TO OR ARISING OUT OF THESE TERMS OR YOUR USE OF THE PRODUCTS OR SERVICES, IS LIMITED TO (A) THE AMOUNT YOU HAVE PAID TO BSIMB FOR THE PRODUCT GIVING RISE TO THE CLAIM, (B) THE AMOUNT YOU HAVE PAID TO BSIMB FOR YOUR BSIMB PLUS MEMBERSHIP GIVING RISE TO THE CLAIM IN THE IMMEDIATE TWELVE (12) MONTHS PRECEDING THE DATE THE CLAIM AROSE, OR (C) 159 DOLLARS ($159) IF YOU HAVE NOT MADE ANY PAYMENT TO BSIMB IN SUCH TWELVE MONTH PERIOD, AS APPLICABLE.
Allocation of Risk THE PROVISIONS OF THIS AGREEMENT ALLOCATE THE RISKS UNDER THIS AGREEMENT BETWEEN THE PARTIES AND ARE AN INTRINSIC PART OF THE BARGAIN BETWEEN THE PARTIES. THE FEES PROVIDED FOR IN THIS AGREEMENT REFLECT THIS ALLOCATION OF RISKS AND THE LIMITATION OF LIABILITY AND SUCH LIMITATION SHALL APPLY NOTWITHSTANDING A FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.
Local Laws; Export Control
Services and/or Third Party Content may not be appropriate or available for use outside of the United States of America. The Service is controlled or operated (or both) from the United States, and is not intended to subject BSIMB to any non-U.S. jurisdiction or law. The Service may not be appropriate or available for use in some non-U.S. jurisdictions. Any use of the Service is at your own risk, and you must comply with all applicable laws, rules and regulations in doing so. We may limit the Service’s availability at any time, in whole or in part, to any person, geographic area or jurisdiction that we choose.
Dispute Resolution and Binding Arbitration Provision.
Informal Efforts to Resolve Dispute If a dispute arises between You and BSIMB, You should first attempt to resolve it by contacting our Customer Service Center at help@BSIMB.com or by sending the details of Your complaint, including Your contact information for a response, to the address or email address listed below. We will attempt in good faith to resolve all Claims submitted this way within fifteen (15) days of receipt.
Agreement to Arbitrate; Right to Opt Out. If informal efforts to resolve Claims fail or are not used, You agree that any and all Claims will be resolved exclusively by binding arbitration as described herein, except that: (i) You may assert Claims in a small claims court in the United States if Your Claims meet the court's jurisdictional requirements; and (ii) either party may pursue Claims and relief in a court of competent jurisdiction regarding the validity and/or infringement of a party's intellectual property rights.
Process There is no judge or jury in arbitration, and court review of an arbitration award is very limited. However, an arbitrator can award to You on an individual basis the same damages and forms of relief as a court could (including injunctive and declaratory relief as well as statutory damages), and must follow the law and terms of this Agreement as a court would. Any arbitration under this Agreement will take place on an individual basis; class arbitrations and class actions and private attorney general actions are not permitted.
Opt Out IF YOU DO NOT WISH TO BE BOUND BY THIS ARBITRATION PROVISION, YOU MUST NOTIFY BSIMB IN WRITING WITHIN THIRTY (30) DAYS FROM THE DATE THAT YOU FIRST ACCEPT OR HAVE ACCESS TO THIS AGREEMENT BY MAILING OR FAXING AN OPT-OUT REQUEST TO OUR CUSTOMER SERVICE CENTER LISTED BELOW. YOUR WRITTEN NOTIFICATION MUST INCLUDE YOUR NAME, ADDRESS, THE EMAIL ADDRESS YOU USED TO REGISTER WITH BSIMB, AND A CLEAR STATEMENT THAT YOU DO NOT WISH TO RESOLVE DISPUTES WITH US THROUGH ARBITRATION. YOUR DECISION TO OPT OUT OF THIS ARBITRATION PROVISION WILL HAVE NO ADVERSE EFFECT ON YOUR RELATIONSHIP WITH US OR THE DELIVERY OF PRODUCTS OR SERVICES TO YOU BY US. IF YOU HAVE PREVIOUSLY NOTIFIED US OF YOUR DECISION TO OPT OUT OF ARBITRATION, YOU DO NOT NEED TO DO SO AGAIN.
Arbitration Fees The allocation and payment of all filing, administration and arbitrator fees will be governed by the JAMS's rules which limit the amount a consumer is required to pay. If the arbitrator determines that Your Claims are not frivolous applying the standards of the Federal Rules of Civil Procedure, we agree to reimburse You the amount of all filing, administration and arbitrator fees You are required to pay for the arbitration.
Arbitration Rules The arbitration will be conducted by the American Arbitration Association ("AAA") under its rules if You are a resident of the United States; if Your use of the Products has been principally for personal or household use, the AAA's procedures for consumer-related disputes including the minimum fairness standards will also apply. If You are a resident of a country other than the United States, the arbitration will be conducted by the AAA in San Francisco, California, under its rules for international arbitration, and You and we agree to submit to the personal jurisdiction of the U.S. federal court in San Francisco, California in order to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator. In the event of a conflict or inconsistency between the applicable arbitration rules and this Arbitration Provision, this Arbitration Provision shall govern and control.
Procedure The arbitration will be conducted in the English language by a single arbitrator who is an attorney-at-law with at least fifteen years’ experience in consumer and technology transactions and who is also a member of the AAA roster of arbitrators. If You and we can’t agree on a mutually acceptable arbitrator within fifteen (15) days after the arbitration is initiated, then the JAMS will pick a neutral arbitrator who meets the qualifications. The AAA rules are available at https://www.adr.org, or by calling 800-778-7879 from inside the United States.
Initiating Arbitration To begin an arbitration proceeding, You must follow the procedures specified by the applicable AAA rules as described on their website at https://www.adr.org.
Time Restriction YOU MUST FILE A COMPLAINT WITH AAA OR A PERMITTED COURT WITHIN ONE (1) YEAR OF THE DATE OF THE OCCURRENCE OF THE EVENT OR FACTS GIVING RISE TO A CLAIM, OR YOU WAIVE THE RIGHT TO PURSUE ANY CLAIM BASED UPON SUCH EVENT, FACTS OR DISPUTE.
Arbitration Process Because appearing in person for arbitration can be unduly burdensome in the circumstances, arbitration under this Arbitration Provision shall not require any personal appearance by the parties or witnesses unless mutually agreed. Either or both parties may participate by written submissions, telephone calls, or other means of remote communication as allowed by the arbitrator. The arbitration proceedings will be conducted in the English language at a location designated by the AAA that is the most convenient for You.
No Class Claims The arbitration can only decide Claim(s) between You and us, and may not consolidate or join the claims of other persons that may have similar claims. There shall be no pre-arbitration discovery except as provided for in the applicable AAA rules. The arbitrator will honor claims of privilege recognized by law and will take reasonable steps to protect customer account information and other confidential or proprietary information.
Governing Law In conducting the arbitration proceeding, the arbitrator will apply the law of the State of California (without regard to its conflicts of law provisions) including U.S. federal law for matters covered by federal law (e.g. the Federal Arbitration Act). The confidentiality provisions of this Agreement will be enforceable under the provisions of the California Uniform Trade Secrets Act, California Civil Code Section 3426, as amended. At the request of any party, the arbitrator shall provide a brief written explanation of the basis for the decision and award. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction. The arbitrator’s decision will be final and binding on the parties except for any right to appeal under the AAA rules or the Federal Arbitration Act.
Recovery and Attorneys' Fees If the arbitrator rules in Your favor on the merits of any Claim You bring against us and issues You an award that is greater in monetary value than our last written settlement offer made to You before written submissions are made to the arbitrator, then we will (i) pay You 150% of Your arbitration damages award, up to $1,000 over and above Your damages award; and (ii) pay Your attorneys, if any, the amount of attorneys' fees, and reimburse any expenses (including expert witness fees and costs) that You or Your attorney reasonably incurred for investigating, preparing, and pursuing Your Claim in arbitration. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of such fees, expenses, and the alternative payment and the attorney premium at any time during the proceeding and upon request from either party made within 14 days of the arbitrator's ruling on the merits. The right to attorneys' fees and expenses discussed above supplements any right to attorneys' fees and expenses You may have under applicable law, although You may not recover duplicative awards of attorneys' fees or costs. If Your use of the Products was principally for personal or household use, neither party will be entitled to any award of punitive or special damages and BSIMB waives any right it may have to seek an award of attorneys' fees and expenses from You in connection with any arbitration of Claims between us.
Confidentiality You and we shall keep confidential any information exchanged during the arbitration as well as the decision of the arbitrator made with respect to any Claim(s) arbitrated under this Arbitration Provision and, with the exception of disclosure to Your or our attorneys, accountants, auditors, and other legal or financial advisors, neither party shall disclose such information or decision to any other person unless required to do so by law.
Continuing Obligation to Arbitrate; Severability This Arbitration Provision shall survive termination of Your access to or use of any Products and related agreements. If any portion of this Arbitration Provision is deemed invalid or unenforceable at law, such invalid or unenforceable provision will be interpreted, construed or reformed to the extent required to make it valid and enforceable, and this shall not invalidate the remaining portions of this Arbitration Provision.
BSIMB Customer Service Center Address
Glimpse LLC (dba BSIMB)
ATTN: LEGAL/ARBITRATION
101A Clay St #144
San Francisco, California 94111
help@BSIMB.com
Force Majeure
Neither party will be liable to the other for any breach of this Agreement which arises because of any circumstances which the defaulting party cannot reasonably be expected to control (which shall include but not be limited to, any act of god, fire, casualty, flood, war, labor disputes, governme