User Agreement
Last Updated: April 22, 2026
INTRODUCTION, ARBITRATION NOTICE & CLASS ACTION WAIVER
MONITORING AND COMPLAINTS AGAINST OTHER USERS
MONITORING
WHAT TO DO IF YOU HAVE A COMPLAINT AGAINST ANOTHER USER.
REGISTRATION AND ACCOUNT/PROFILE CREATION
REGISTRATION INFORMATION
FEES AND PAYMENT
SENSITIVE INFORMATION DISCLAIMER
NO INDIVIDUAL ADVICE
NO PROFESSIONAL HEALTH, LEGAL, OR TAX OR FINANCIAL ADVICE
RULES OF USAGE
USE OF THE SERVICE BY YOU
PROHIBITIONS ON USE OF THE SERVICE
CONTENT AND FEATURES; COPYRIGHT COMPLAINTS
COMMENTS ON THE SERVICE ARE NOT NECESSARILY ENDORSED BY US
USE OF CONTENT SUPPLIED BY YOU
EDITING, ADDITIONS, AND DELETIONS
COPYRIGHT COMPLAINTS
PRODUCTS MADE AVAILABLE BY US
WE RECEIVE COMPENSATION
PRODUCT ORDERS, PRICES, QUANTITIES
LIMITATIONS OF LIABILITY
WARRANTY CLAIMS
YOUR USAGE OBLIGATIONS
LEGAL
INDEMNIFICATION
DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY.
TERMINATION OR SUSPENSION
COMMUNICATIONS TO YOU
THIRD PARTY PROVIDERS
COMPLIANCE WITH APPLICABLE LAW
ARBITRATION, WAIVER OF CLASS ACTION SUITS, AND DISPUTE RESOLUTION
GENERAL
GLOSSARY
I. INTRODUCTION, ARBITRATION NOTICE & CLASS ACTION WAIVER
This User Agreement sets out the terms governing your access to and use of the Service, offered by The Base 525. This User Agreement does not apply to any websites, applications, or other platforms that we do not own or operate, even where links to those platforms appear within the Service. Capitalized terms not otherwise defined in this User Agreement are defined in the Glossary.
You may review this User Agreement at any time through the Service, including in the footer or settings area. By purchasing a Product, registering for or using the Service in any way, you indicate your acceptance of this User Agreement. If you do not accept these terms, you must not access or use the Service or obtain any Product. We recommend saving or printing a copy for your records.
In addition to reviewing this User Agreement, please also review our Privacy Policy and any additional terms posted within the Service or communicated to users, all of which form part of the Agreement between you and us.
We may update this User Agreement at any time. When we do, we will revise the “Last Updated” date shown at the top of this document. For significant changes, we will post a notice on the Service. Your continued use of the Service or receipt of any Product following any update constitutes your acceptance of the revised terms.
ARBITRATION NOTICE AND CLASS ACTION WAIVER: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN SECTION VIII(G) BELOW, YOU AGREE THAT ALL DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. READ MORE IN SECTION VIII(G) BELOW.
Any breach or violation of this Agreement — including failure to comply with any of its terms — may result in the immediate suspension, restriction, or termination of your account, your access to the Service, or any Product, with or without notice, and without limiting any other remedies available to us. We may also take technical or legal steps we consider appropriate to prevent or address violations. You acknowledge that we are entitled to seek injunctive relief without bond to halt any actual or threatened violation of this Agreement.
Where any conflict exists between this User Agreement and any other terms applicable to the Service, we retain sole discretion to determine which terms govern, and you waive any right to contest that determination.
II. MONITORING AND COMPLAINTS AGAINST OTHER USERS
Monitoring.To help maintain a positive experience for all users, we may monitor activity on the Service for compliance with this Agreement, and you consent to such monitoring. That said, we make no promise that: (1) the Service will be continuously reviewed for misuse or inaccuracy, (2) any particular statement will be verified, or (3) we will take any specific action in response to a reported issue. We do not generally pre-screen user Content before it goes live, which means you may encounter material that is opinionated, offensive, or otherwise objectionable, including Content that may violate this Agreement.Content before it is posted, uploaded, transmitted, sent or otherwise made available on or through the Service by users, so you may be exposed to Content that is opinionated, offensive, and/or inappropriate, including Content that violates the Agreement.
What to Do if You Have a Complaint Against Another User
When you access public areas of the Service, you may encounter Content that is opinionated, offensive, or otherwise objectionable. Not every piece of such Content will give rise to action on our part. The Service may not be used to settle personal grievances. If you have a genuine complaint about another user’s conduct, here is how to address it:
Harassment: If you have reason to believe that another person is using the Service in a way that is harmful to you or others (e.g., to impersonate or imitate you, or to stalk, bully, threaten, intimidate or otherwise harass you or others), we urge you to contact your local authorities, or appropriate state or federal agencies.
Copyright Complaints: If you have reason to believe that your Content has been copied and/or is accessible on the Service in a way that constitutes copyright infringement, or that the Service contains links or other references to another site, application, destination or service that contains Content or activity that infringes your copyright rights, you may notify us as described below in the section entitled Copyright Complaints.
CyberCrime: If you have reason to believe you may be the victim of an online crime, such as identity theft, fraud, infringement, or hacking, you may contact the Internet Crime Complaint Center, at www.ic3.gov, a partnership between the Federal Bureau of Investigation (FBI), the National White Collar Crime Center (NW3C), and the Bureau of Justice Assistance (BJA).
IMPORTANT: FALSE OR INACCURATE ACCUSATIONS THAT OTHERS HAVE COMMITTED A CRIME, INAPPROPRIATE ACT, OR VIOLATION OF OUR AGREEMENT, COULD BE A VIOLATION OF CRIMINAL AND/OR CIVIL LAW, OR OTHERWISE EXPOSE YOU TO LIABILITY FOR DAMAGES (INCLUDING COSTS AND ATTORNEYS’ FEES).
III. REGISTRATION AND ACCOUNT/PROFILE CREATION
Registration Information
Certain Products and features may require you to register or create an account, during which you may be asked to select a User ID and password and to supply payment details, contact information, and other Personal Information such as your age or preferences. We may collect similar information through telephone, mail, or electronic messaging. All information you provide during registration is collectively your “Registration Information.” Our use and sharing of Registration Information is governed by ourPersonal Information such as your age, gender, and preferences may also be requested. In addition, you may be asked to provide us similar information by telephone, postal mail, social media interaction or messaging (e.g., email, SMS, MMS, or similar technologies). All such information shall be referred to in the Agreement as your “Registration Information”. We may use and share your Registration Information as described in our Privacy Policy.
You represent and warrant that your Registration Information is truthful, current, and complete, and that you are not registering under a false identity. You must keep your Registration Information up to date using tools available on the Service, or by notifying our privacy contact as described in our Privacy Policy if no such tools are available. WE ARE NOT RESPONSIBLE FOR ANY HARM ARISING FROM YOUR FAILURE TO MAINTAIN ACCURATE REGISTRATION INFORMATION, INCLUDING FAILURE TO RECEIVE IMPORTANT NOTICES. WE DO NOT VERIFY REGISTRATION INFORMATION. Privacy Policy.
We may at any time, with or without notice, require changes to or reclaim any User ID, password, avatar, or other Registration Information, and we may modify the methods by which you access any portion of the Service or any Product.
You are solely responsible for keeping your Registration Information confidential. You must not share your account credentials or permit others to access the Service using your account, and you must not use another person’s credentials to access the Service. Your Registration Information may not be transferred, sold, rented, or assigned to any third party without our prior written consent. Any unauthorized transfer is void and constitutes a material breach of this Agreement.
All activity that occurs through your account is your responsibility, whether or not you authorized it, including activity by anyone who accesses your account through your Device or credentials. You expressly authorize us to process any transactions initiated through your Registration Information, including purchases and Product registrations.Device on which your account/profile resides or is accessible. You acknowledge and agree that we may, and you specifically authorize us to, process all transactions, including without limitation purchases and/or registration for Products that are initiated by use of your Registration Information.
If you suspect your account has been compromised — for example, due to unauthorized access, theft, or disclosure of your credentials — you must immediately update your Registration Information using tools available on the Service, or close your account. If no such tools are available, contact our privacy contact as described in our Privacy Policy.
Fees and Payments
We and Third Party Providers may charge Fees for Products, and/or for access to any portion(s) of the Service or the Service as a whole. You agree to pay applicable Fees at the rates in effect when incurred. Unless stated otherwise, all Fees are in U.S. dollars. We and our Third Party Providers may adjust Fees or introduce new ones at any time.
By submitting payment information — whether at registration, checkout, or any other time — you authorize us and our Third Party Providers to store that information and to apply any applicable Fees to that payment method.
Fees may be charged in advance and billed on a recurring or one-time basis as applicable. Certain Fees may appear on your carrier’s or a Third Party Provider’s bill. We may charge Fees individually or bundle them at our discretion. All Fees are due upon billing and are non-refundable unless stated otherwise. If you identify a billing error, you must notify us within thirty (30) days of it appearing on your statement or you waive any right to dispute it.
If a payment cannot be processed or is reversed for any reason, including a chargeback, we may: (i) require immediate payment of all outstanding amounts; (ii) apply a late charge of 1.5% or the maximum permitted by law, whichever is lower; (iii) pursue collection through any lawful means, with all associated costs (including attorneys’ fees) borne by you; (iv) charge any other payment method you have on file; and (v) suspend or terminate your account and access to the Service.
You are responsible, at your own cost, for obtaining and maintaining all equipment and connectivity — including hardware, software, and internet or mobile service — needed to access the Service. If you use the Service on a mobile Device, your carrier may charge you separately for data and messaging.
IV. SENSITIVE INFORMATION DISCLAIMER
No Individual Advice. Although the Service may cover a broad range of topics including health, legal, financial, and tax matters, nothing on the Service constitutes personalized advice. We encourage you to consult a qualified professional for guidance specific to your situation. Any decisions you make based on Content or Products available through the Service are entirely your own responsibility.
No Professional Health, Legal, or Tax or Financial Advice. THE PRODUCTS AND CONTENT AVAILABLE ON OR THROUGH THIS SERVICE ARE IN NO WAY INTENDED TO AND SHALL NOT BE CONSTRUED TO: (A) CONSTITUTE PROFESSIONAL MEDICAL, HEALTH, LEGAL, TAX, OR FINANCIAL ADVICE; (B) RECOMMEND, ENDORSE, OR ADVISE REGARDING ANY FINANCIAL INSTRUMENT OR INVESTMENT STRATEGY; OR (C) DIAGNOSE, CURE, OR TREAT ANY MEDICAL, HEALTH OR OTHER CONDITION. ALWAYS SEEK THE ADVICE OF A QUALIFIED PROFESSIONAL. FOR EXAMPLE, SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER PRIOR TO STARTING ANY NEW DIET AND ASK YOUR DOCTOR ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION. IN ADDITION TO ALL OTHER LIMITATIONS AND DISCLAIMERS IN THE AGREEMENT, WE AND THIRD PARTY PROVIDERS DISCLAIM ANY LIABILITY OR LOSS IN CONNECTION WITH THE PRODUCTS OR THE CONTENT OBTAINED ON OR THROUGH THIS SERVICE.
V. RULES OF USAGE
Use of the Service by You
The Service is not designed for or directed at children under 13. By accessing the Service, registering, or making a purchase, you confirm that you are at least 13 years old. PARENTS: Parental control tools — including hardware, software, and filtering services — are available that can help restrict access to content that may be unsuitable for minors.
You must ensure that any Device or technology you use to access the Service does not disrupt the Service or interfere with other users’ access. We may immediately disconnect any Device or system that we determine is causing such interference, without notice and without limiting our other remedies.
If you provide us with a Device number or identifier, you confirm that the Device is registered to you or that you have the owner’s permission to use it in connection with the Service.
The Service is for your personal, non-commercial use only unless otherwise specified. You are fully responsible for all activity under your account, including activity by anyone you permit to access your account or Device.
We do not review or endorse third-party sites, applications, or services that may be linked from or accessible through the Service, and we are not responsible for their content, products, or conduct. You access any such third-party platform entirely at your own risk.
Your use of the Service must comply with all applicable laws and regulations, wherever you are located. You agree to promptly notify us if you become aware of any security incident or unlawful activity connected to the Service.
You must comply with all applicable import and export laws. You may not transfer any Content or Product in violation of such laws, and you may not make available on the Service any Content that requires government authorization for export, such as certain encryption software.
By using the Service, you confirm that (i) you are not in a country subject to a U.S. Government embargo or designated as a state sponsor of terrorism, and (ii) you are not on any U.S. Government restricted or prohibited parties list.
The Service, including its design, organization, and all Content and Products provided by us or authorized Third Party Providers, is protected by intellectual property laws worldwide and remains the property of us or those authorized providers.
Some Content or Products may be made available for download, installation, or streaming on your Device. All such Content and Products remain subject to this Agreement and any additional terms specific to that Content or Product. You may only use downloaded or streamed Content and Products within the scope of what is expressly permitted.
Prohibitions on Use of the Service
Without our express prior written consent, you may not — and may not permit, assist, or encourage others to — do any of the following:
use or access another person’s Registration Information, or use the Service through someone else’s account or credentials;
make any commercial, advertising, promotional, or marketing use of the Service, Products and/or Content obtained on or through the Service, except as expressly permitted in writing by the Agreement, us or the Service;
impersonate, imitate or pretend to be somebody else, by setting up different accounts/profiles or otherwise, or falsely state, represent, or imply any affiliation, association, or connection with a person or entity when using the Service;
allow or permit anyone else to access or use your Registration Information, or to use the Service through your account;
falsely state, represent, or imply any affiliation, association, or connection between any person or entity, including without limitation you, your company, or your site, application, destination or service, with the Service, us, or Third Party Providers;
post, upload, transmit, send or otherwise make available on or through the Service any Content that constitutes junk mail, spam, pyramid schemes, chain letters, phishing, advertising, and/or commercial offers, including without limitation touting or recommending any stocks or particular security, portfolio of securities, transaction or investment strategy;
repeatedly post, upload, transmit, send or otherwise make available on or through the Service the same Content multiple times in a day, week, or month;
post, upload, transmit, send, or otherwise make available on or through the Service any unsolicited bulk communication;
forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content you may post, upload, transmit, send, or otherwise make available on or through the Service;
use bots, scripts, macros, automated tools, or any form of autoresponder or automated process to access or interact with the Service, including to post or transmit Content;
copy, harvest, crawl, index, scrape, spider, mine, gather, extract, compile, obtain, aggregate, capture, access, store, or republish any Content on or through the Service, including by an automated or manual process or otherwise, for any purpose other than your personal, non-commercial use;
engage in personal attacks, use any language that is, or post, upload, transmit, send or otherwise make available on or through the Service any Content about an individual that is, abusive, intimidating, bullying, harassing, hateful, violent, or that victimizes, degrades, defiles or disparages an individual, on or through the Service;
use any language that is, or post, upload, transmit, send or otherwise make available on or through the Service any Content about a group that is, hateful, violent, or that victimizes, degrades, defiles or disparages any group based on race, gender, gender identity, religion, national origin, disability, sexual orientation, or age, or otherwise engage in what we deem to be racism, sexism, ageism, religious intolerance, bigotry, ethnic slurs, or homophobia;
use any language, or post, upload, transmit, send or otherwise make available on or through the Service any Content that may or is intended to enable, authorize, instruct, encourage, assist, suggest, or promote activities that incite violence, constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, federal, provincial, national, international, or foreign law, rule or regulation (e.g., drug use, underage drinking), including without limitation defamation, child pornography, fraud, or invasion of privacy;
stalk others on or through the Service, or using information obtained on or through the Service, or otherwise contact other users in the physical world without their permission using information obtained on or through the Service;
use any language that is, or post, upload, transmit, send or otherwise make available on or through the Service any Content that is, or depicts anyone engaged in any act deemed by us to be, pornographic, obscene, sexually explicit, perverse, illicit, indecent, lewd, or lascivious;
engage in “cyber-sex” (i.e., “virtual sex”) or “sexting” or solicit another to participate in “cyber-sex” or “sexting” on or through the Service;
use any language, or post, upload, transmit, send or otherwise make available on or through the Service any Content that we deem to be offensive, immoral, vulgar, crude, harmful, violent, deceptive, or otherwise inappropriate;
post, upload, transmit, send or otherwise make available on or through the Service any Content that you are bound to not disclose, by agreement, contract, fiduciary duty, employment relationship, or otherwise, such as insider information, proprietary and/or confidential information, or trade secrets;
provide professional advice or post, upload, transmit, send or otherwise make available on or through the Service any Content intended to provide professional advice about medical, health, legal, tax, financial, or investment issues, or to solicit, recommend, or endorse any securities or financial instruments, or suggest that a particular transaction or investment strategy is suitable for you or any specific person;
discuss the mechanics of sweepstakes, contests, auctions, flash sales or similar promotions available on or through the Service, or attempt to manipulate, corrupt or otherwise affect the outcome of, any such promotions, or post, upload, transmit, send, or otherwise make available on or through the Service any Content that may or is intended to enable, authorize, instruct, encourage, assist, suggest, inform, or promote activities that may subvert or not comply with the rules, restrictions, and/or limitations applicable to such promotions;
post, upload, transmit, send, or otherwise make available on or through the Service any Content that illustrates, depicts anyone engaged in, or is intended to enable, authorize, encourage, assist, suggest, inform, promote or give instructions for weapon and/or explosive manufacture or use;
post, upload, transmit, send or otherwise make available on or through the Service any Content that infringes, violates, or breaches the copyright, trademark, trade secret or any other personal or proprietary right of us, Third Party Providers, other users, and/or any third party;
copy, reproduce, modify, change, edit, crop, alter, revise, adapt, translate, enhance, reformat, remix, rearrange, resize, create derivative works of, move, remove, delete, or erase any copyright, trademark, or other proprietary legends, symbols, marks, or notices on the Service, or attempt to circumvent any mechanisms for preventing the unauthorized reproduction or distribution of Content or Products;
copy, reproduce, modify, change, edit, crop, alter, revise, adapt, translate, enhance, reformat, remix, rearrange, resize, create derivative works of, move, remove, delete, erase, reverse engineer, decipher, decompile, disassemble, store, cache, aggregate, publish, post, display, distribute, broadcast, perform, transmit, rent, sell, share, sublicense, syndicate, or otherwise provide to others, or use any Content or Products obtained on or through the Service, in whole or in part, except as permitted by the Copyright Act or other law or as expressly permitted in writing by the Agreement, us or the Service;
copy, reproduce, modify, change, edit, crop, alter, revise, adapt, translate, enhance, reformat, remix, rearrange, resize, create derivative works of, move, remove, delete, erase, reverse engineer, decipher, decompile, disassemble, or otherwise attempt to derive any source code or underlying ideas or algorithms of the Service, in whole or in part, including without limitation any Content, Products, communications, messaging, programming, hardware, functionality, or features on our networks, servers or databases, or otherwise reduce the Service, in whole or in part, to a human perceivable form;
attempt to or in fact disrupt, overwhelm, attack, hack, destroy, damage, disable, impair, repossess, alter, tamper or interfere with, the Service including without limitation any Content, Products, communications, messaging, programming, hardware, functionality, or features on our networks, servers or databases, or impede or interfere with others’ access, visitation, and/or use of the Service, in any way or by any means, whether remotely or by access to our personal property, premises, or otherwise, including, without limitation, by using administrator passwords or by masquerading as an administrator while using the Service or otherwise; or
post, upload, transmit, send or otherwise make available on or through the Service any software disabling devices, time bombs, keystroke loggers, Trojan horses, viruses, worms, bugs, corrupted files, spyware, adware, malware, malicious programs or code, or devices or defects of similar nature.
CAUTION: ANY ATTEMPT TO DO ANY OF THE FOREGOING PROHIBITED ACTS, OR TO OTHERWISE UNDERMINE THE OPERATION OF THE SERVICE, MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAW. SHOULD SUCH AN ATTEMPT BE MADE, WE RESERVE THE RIGHT, IN ADDITION TO OUR OTHER REMEDIES, TO SEEK DAMAGES (INCLUDING WITHOUT LIMITATION ATTORNEYS’ FEES) FROM ANY SUCH INDIVIDUAL OR ENTITY TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING CRIMINAL PROSECUTION.
VI. CONTENT AND FEATURES/COPYRIGHT COMPLAINTS
Comments on the Service are Not Necessarily Endorsed by Us. Content submitted or posted by users does not reflect our views, and we do not endorse, verify, or take responsibility for it. All user-generated Content is the sole responsibility of the person who made it available. We and our licensors, vendors, and service providers have no liability to you for any Content posted on or through the Service, including Content that may violate this Agreement.
Use of Content Supplied by You
For details on how we collect and use your Personal Information in connection with the Service, please review our Privacy Policy.
Unless otherwise stated in this Agreement, you or the rightful owner retains ownership of Content you submit through the Service. However, by submitting Content, entering a contest, or otherwise communicating with us, you grant us a royalty-free, irrevocable, perpetual, non-exclusive, worldwide license to use, reproduce, modify, adapt, publish, distribute, perform, display, create derivative works from, and sublicense that Content in any medium or format, for any purpose, including commercial use, without compensation or attribution to you. This includes any ideas or suggestions you share with us. You are responsible for maintaining your own backup copies of any Content you wish to preserve.
Content you share in public areas of the Service may be seen by other users. Exercise caution when posting Personal Information or sensitive material. WE ARE NOT LIABLE FOR ANY CONSEQUENCES RESULTING FROM CONTENT OR PERSONAL INFORMATION YOU CHOOSE TO MAKE AVAILABLE THROUGH THE SERVICE.
Editing, Additions and Deletions. We may, but are not obligated to, review, edit, move, or remove any Content or features on the Service at any time and without notice, including Content in your account or messages. The Service may receive automatic updates, which you agree not to block. Updates may roll out differently across platforms and Devices. If you do not install updates, your experience may differ from the current version, and we accept no responsibility for that. Any costs associated with new equipment or services required by a change are yours to bear. Copies of removed Content may continue to be held by us, our vendors, or other users even after deletion.
Copyright Complaints
Intellectual property rights matter to us, and we expect the same from our users. We may, at our discretion and in appropriate circumstances, suspend or terminate access for users who infringe the copyrights of others, and we may remove Content we believe to be infringing.
We may act on a single instance of infringement and our policy is to terminate accounts of repeat infringers. If your access is terminated, you may not re-register or attempt to access the Service under any other name or identity. Where portions of the Service are accessible without an account, our ability to restrict specific users is limited. Nothing in this section limits any other legal or equitable remedies available to us.
If you believe that Content on the Service infringes your copyright, or that the Service links to material that infringes your copyright, you may submit a written notice to our designated copyright agent by fax, first-class mail, or email. Your notice must include the following information, as required by the Digital Millennium Copyright Act, 17 U.S.C. sec. 512:
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at the Service are covered by a single notification, a representative list of such works at the Service;
Identification of the copyrighted work 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 permit us to locate such copyrighted work;
Information reasonably sufficient to enable us to contact the complaining party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted;
A statement that the complaining party has a good faith belief that use of the copyrighted work in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
IMPORTANT: MISREPRESENTATIONS MADE IN A NOTICE CLAIMING THAT CONTENT OR ACTIVITY IS INFRINGING VIOLATES THE DIGITAL MILLENNIUM COPYRIGHT ACT AND MAY EXPOSE YOU TO LIABILITY FOR DAMAGES (INCLUDING COSTS AND ATTORNEYS’ FEES). COURTS HAVE FOUND THAT YOU MUST CONSIDER COPYRIGHT DEFENSES, LIMITATIONS OR EXCEPTIONS BEFORE SENDING A NOTICE. ACCORDINGLY, IF YOU ARE NOT SURE WHETHER CONTENT RESIDING ON OUR SERVICE INFRINGES YOUR COPYRIGHT, WE SUGGEST THAT YOU FIRST CONTACT AN ATTORNEY. IN ADDITION, PLEASE DETERMINE WHETHER THE CONTENT YOU ARE SENDING A NOTICE ABOUT IS ACTUALLY RESIDING ON OUR SERVICE BEFORE SENDING THE NOTICE.
Copyright Agent:
Copyright Agent
The Base 525 Legal
[Address]
Phone: [Contact Number]
[City, State, ZIP]
E-mail: thebase525@gmail.com
Note: Only copyright complaints should be sent to the Copyright Agent. No other communications will be acted upon or responded to.
For communications on other matters, please contact us through the means described on the Service, if available (for example, in the “Contact Us” section), or if no such means are specified, contact our privacy contact as described in our Privacy Policy.
PLEASE NOTE: THE INFORMATION WE PRESENT HERE IS FOR INFORMATIONAL PURPOSES ONLY AND IS NOT LEGAL ADVICE.
VII. PRODUCTS MADE AVAILABLE BY US
We Receive Compensation. WE MAY RECEIVE A COMMISSION, FEE, AND/OR OTHER COMPENSATION ON SOME PURCHASES MADE ON, THROUGH, OR LINKED FROM THE SERVICE.
Product Orders, Prices, Quantities. Product images on the Service may not perfectly reflect actual appearance, specifications, or features. Nothing displayed constitutes a binding offer to sell or provide any Product. We may accept, decline, or partially fulfill any order at any time, including after confirmation, and we may decline to ship to certain locations. All prices are in U.S. dollars and apply only within the United States unless noted otherwise. If a Product is listed at an incorrect price, we reserve the right to cancel or refuse the order regardless of whether it was confirmed or payment was taken, in which case a credit will be issued. We may also limit quantities available to any individual or group.
Limitations of Liability. EXCEPT FOR PRODUCTS THAT SPECIFICALLY IDENTIFY US AS THE SELLER, ALL TRANSACTIONS FOR PRODUCTS AVAILABLE ON OR THROUGH THE SERVICE SHALL BE BETWEEN THE USER AND THE THIRD PARTY PROVIDER WITHOUT ANY INVOLVEMENT BY US. IF YOU BID ON, PURCHASE, ORDER, OBTAIN OR RESEARCH PRODUCTS ON OR THROUGH THE SERVICE, NOTE THAT WE ASSUME NO RESPONSIBILITY FOR THE QUALITY, QUANTITY, SIZE, CHARACTER, FITNESS FOR A PARTICULAR PURPOSE, SPECIFICATIONS, FEATURES, FUNCTIONALITY, SAFETY, OR LEGALITY OF SUCH PRODUCTS, THE TRUTH OR ACCURACY OF THE LISTINGS, OR THE ABILITY OF THE SELLERS TO SELL, SHIP, OR OTHERWISE PROVIDE SUCH PRODUCTS. YOU AGREE THAT WE ARE NOT RESPONSIBLE, AND SHALL HAVE NO LIABILITY, WITH RESPECT TO ANY PRODUCTS AVAILABLE ON OR THROUGH THE SERVICE, INCLUDING ILLEGAL, OFFENSIVE OR ILLICIT ITEMS, EVEN ITEMS THAT VIOLATE THE AGREEMENT.
Warranty Claims. If a Product fails to conform to an applicable warranty, you may contact the relevant Third Party Provider about a partial or full refund of any applicable Fees. To the maximum extent permitted by law, this is the sole warranty remedy available, and neither we nor our Third Party Providers have any further warranty obligation with respect to any Product.
Your Usage Obligations. Products are for your personal, non-commercial use only unless we expressly state otherwise. You may not transfer, lend, sell, or share any Product with a third party. You are responsible for all use of any Product under your account. All Products must be used in accordance with applicable law, and you may not misuse any Product as determined by us.
VIII. LEGAL
IndemnificationYou agree to defend, indemnify, and hold us harmless from and against all Claims arising out of your use of the Service, your Content, any unauthorized use of Content or Products, any breach of this Agreement, or any other act or omission by you in connection with the Service.Claims which may arise out of or are in any way connected with your access, visitation and/or use of the Service, your Content, unauthorized use of Content or Products obtained on or through the Service, breach or alleged breach of the Agreement, or from any of your acts or omissions in connection with the Service.
Disclaimer of Warranty and Limitation of Liability
YOU ACKNOWLEDGE THAT YOU ARE USING THE SERVICE, CONTENT AND ANY PRODUCTS AT YOUR OWN RISK. THE SERVICE, CONTENT AND PRODUCTS ARE PROVIDED “AS IS”, “WITH ALL FAULTS” AND ON AN “AS AVAILABLE” BASIS, AND WE DO NOT MAKE, AND WE HEREBY EXPRESSLY DISCLAIM, ANY AND ALL REPRESENTATIONS, WARRANTIES, COVENANTS AND GUARANTEES, EXPRESS AND IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF ACCURACY, RELIABILITY, TITLE, MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE OR ANY OTHER WARRANTY, CONDITION, GUARANTEE OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM, INCLUDING BUT NOT LIMITED TO THE ACCURACY OR COMPLETENESS OF ANY PRODUCTS, CONTENT CONTAINED THEREIN OR PROVIDED BY US, OR THE SERVICE. WE DO NOT REPRESENT, WARRANT, COVENANT OR GUARANTEE THAT ACCESS TO ANY PRODUCT, CONTENT, THE SERVICE AND/OR COMMUNICATIONS OR MESSAGING FROM OR TO US OR YOU WILL BE UNINTERRUPTED, TIMELY, OR ERROR FREE, OR THAT THERE WILL BE NO FAILURES, DELAYS, INACCURACIES, ERRORS OR OMISSIONS OR LOSS OF TRANSMITTED CONTENT OR PRODUCTS, OR THAT NO SOFTWARE DISABLING DEVICES, TIME BOMBS, VIRUSES, WORMS, BUGS, OR DEVICES OR DEFECTS OF SIMILAR NATURE WILL BE TRANSMITTED ON OR THROUGH THE SERVICE, AND WE WILL NOT BE LIABLE IN THE EVENT OF ANY SUCH OCCURRENCE. WE FURTHER DO NOT REPRESENT, WARRANT, COVENANT OR GUARANTEE THAT ALL PORTIONS OF THE SERVICE, THE SERVICE AS A WHOLE, OR ANY CONTENT OR PRODUCTS CAN BE ACCESSED VIA ALL DEVICES, OR VIA ALL CARRIERS AND SERVICE PLANS OR IS AVAILABLE IN ALL GEOGRAPHIC LOCATIONS.
WE ARE NOT RESPONSIBLE FOR INCOMPLETE, INCORRECT, LOST, DELAYED, LATE, MISDIRECTED, GARBLED, DAMAGED, ILLEGIBLE, UNDELIVERABLE, OR INCOMPLETELY RECEIVED PRODUCTS, CONTENT, PORTIONS OF THE SERVICE, OR COMMUNICATIONS OR MESSAGING FROM OR TO US OR YOU FOR ANY REASON, INCLUDING BY REASON OF HARDWARE, SOFTWARE, BROWSER, NETWORK, COMMUNICATIONS SYSTEM FAILURE, MALFUNCTION, DELAY, OR CONGESTION, OR ANY INCOMPATIBILITY AT OUR SERVERS OR ELSEWHERE, OR FOR ANY OTHER TECHNICAL PROBLEMS, HUMAN ERROR, ANY FORM OF ACTIVE OR PASSIVE FILTERING BY A USER’S DEVICE OR ACCESS PROVIDER, INSUFFICIENT SPACE ON USER’S DEVICE OR ACCOUNT/PROFILE, OR ANY OTHER CAUSE OR COMBINATION THEREOF.
WE SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTIES FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ALLEGEDLY SUSTAINED OR ARISING OUT OF THE AGREEMENT, THE SERVICE, CONTENT, THE SALE, PURCHASE, RECEIPT, USE OR MISUSE OF ANY PRODUCT, YOUR ABILITY OR INABILITY TO ACCESS, VISIT AND/OR USE THE SERVICE OR ANY CONTENT OR PRODUCT, INCLUDING DAMAGE TO YOUR DEVICE, OR FOR SOFTWARE DISABLING DEVICES, TIME BOMBS, VIRUSES, WORMS, BUGS, OR DEVICES OR DEFECTS OF SIMILAR NATURE ALLEGED TO HAVE BEEN OBTAINED FROM THE SERVICE, CONTENT OR PRODUCTS, YOUR ACCESS, VISITATION, AND/OR USE OF, OR RELIANCE ON, THE SERVICE, CONTENT OR ANY OF THE PRODUCTS AVAILABLE ON OR THROUGH THE SERVICE, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR LIABILITY TO YOU EXCEED THE TOTAL AMOUNT OF FEES PAID BY YOU DURING THE ONE MONTH PERIOD IN WHICH THE CLAIM AROSE. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. THE AGREEMENT IS NOT SUBJECT TO THE LAWS OF SUCH STATES, BUT TO THE EXTENT A CLAIM IS BROUGHT THEREIN, OUR LIABILITY AND WARRANTIES ARE LIMITED TO THE EXTENT PERMITTED BY LAW. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, IN PART: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR”.
Termination or Suspension
We may suspend, restrict, or terminate your account or access to the Service, in whole or in part, at any time and for any reason, with or without notice. Following termination, we reserve the right to reassign or allow another user to use your credentials, including your User ID and password.
Following termination or suspension — by you or by us — we are not obligated to remove Content you previously submitted. Information associated with your account may remain accessible to us, Third Party Providers, and other users. At the same time, we have no obligation to store or return any account data or Content to you.
All provisions of this Agreement that by their nature should survive termination will continue to apply, including the arbitration provisions in Section VIII(G) below.
Communications to You
Most communications between you and us occur electronically. For purposes of this Agreement, you (a) consent to receiving communications from us in electronic form, and (b) agree that electronic communications satisfy any legal requirement that would otherwise apply to written communications. This consent applies to all interactions and transactions you have with us.
By registering for or using the Service, you acknowledge that you may receive transactional, account-related, or other service communications from us. These communications are a standard part of your account and may not be opt-out-able without ceasing to use the Service.
Third Party Providers. CERTAIN THIRD PARTY PROVIDERS MAY REQUIRE THAT YOU AGREE TO THEIR ADDITIONAL TERMS, CONDITIONS, CONTRACTS, AGREEMENTS AND/OR RULES. YOUR COMPLIANCE WITH ANY SUCH ADDITIONAL TERMS, CONDITIONS, CONTRACTS, AGREEMENTS AND/OR RULES IS SOLELY YOUR RESPONSIBILITY AND WILL HAVE NO EFFECT ON YOUR CONTINUING OBLIGATION TO COMPLY WITH THE AGREEMENT WHEN USING THE SERVICE. WE SPECIFICALLY DISCLAIM ANY AND ALL LIABILITY IN CONNECTION WITH THE ACTS OR OMISSIONS OF THIRD PARTY PROVIDERS. We have agreements with some of these Third Party Providers that require us to make certain disclosures and pass along certain responsibilities to you. For such Third Party Providers, you specifically acknowledge and agree that: (i) the Agreement is between us and you; the Third Party Providers are not parties to the Agreement; (ii) the Third Party Providers and their parent, subsidiaries and affiliates are intended third party beneficiaries of the Agreement and upon your acceptance of the terms and conditions of the Agreement, the Third Party Providers will have the right (and will be deemed to have accepted the right) to enforce the Agreement against you; (iii) any license(s) granted to you hereunder by a Third Party Provider in connection with the Service, Content or Product is limited to a non-transferable license to use the Service or such Content or Product on the particular Device authorized by the applicable Third Party Provider that you own or control and as permitted by such Third Party Provider’s applicable usage rules; (iv) Third Party Providers have no obligation whatsoever in connection with the functionality or Content of the Service, or to furnish any maintenance or support services with respect to the Service; (v) in the event of any failure of a portion of the Service, Content or Product provided by a Third Party Provider to conform to any applicable warranty, you may be able to notify the applicable Third Party Provider to receive a refund of all or part of the amount you paid for the applicable portion of the Service, Content or Product if any (to the maximum amount permitted by applicable law, Third Party Providers will have no other warranty obligation whatsoever with respect to the Service, Content or Products); (vi) Third Party Providers reserve the right to audit possible unauthorized commercial use of its Content or Products at any time; and (vii) Third Party Providers are not responsible for addressing any Claims by you or a third party relating to any portion of the Service, Content or Products not provided by such Third Party Provider or your possession, access, visitation and/or use of the same, including without limitation (a) product liability Claims; (b) any Claim that the Service fails to conform to any applicable legal or regulatory requirement; and (c) Claims arising under consumer protection or similar legislation; and (vii) in the event of any Claim that any portion of the Service, Content or Products not provided by such Third Party Provider or your possession, access, visitation and/or use of the same, infringes such third party’s intellectual property rights, Third Party Providers are not responsible for the investigation, defense, settlement and/or discharge of such Claim.
Compliance with Applicable Law: You access and use the Service at your own initiative and are solely responsible for compliance with all applicable laws in your jurisdiction. We make no representation that the Service or any Products are suitable, available, or permitted in any particular location.
Arbitration, Waiver of Class Action Suits, and Dispute Resolution: THIS SECTION SHOULD BE BROADLY CONSTRUED TO COVER ANY CLAIM RELATING TO ANY ASPECT OF YOUR RELATIONSHIP WITH US, INCLUDING, BUT NOT LIMITED TO, ANY CLAIM ARISING OUT OF OR RELATED TO THE AGREEMENT.
Informal Dispute Resolution. Before initiating any formal legal or arbitration proceeding, you must first submit a written description of your Claim to us in good faith and attempt to resolve it informally. All informal Claims must be submitted by email to thebase525@gmail.com. If the matter is not resolved within sixty (60) days of that submission, the formal Dispute Resolution process below applies.
Completion of the informal resolution process is a mandatory prerequisite to filing any formal claim. During that process, applicable statutes of limitations and filing deadlines are tolled by mutual agreement.
IN THE EVENT ANY CLAIM CANNOT BE INFORMALLY RESOLVED, YOU AND WE AGREE TO ARBITRATE ALL CLAIMS ON AN INDIVIDUAL BASIS IN ACCORDANCE WITH THE TERMS OF THE ARBITRATION PROVISIONS OF THIS AGREEMENT, RATHER THAN LITIGATE THE CLAIM IN COURT, EXCEPT FOR THE CLAIMS EXCLUDED FROM ARBITRATION LISTED BELOW IN PARAGRAPH 4. ARBITRATION MEANS YOU WILL HAVE A FAIR HEARING BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY. BY ENTERING INTO THIS AGREEMENT, YOU AND WE EACH AGREE TO WAIVE THE RIGHT TO A TRIAL BY JURY FOR ALL CLAIMS, EXCEPT FOR THE CLAIMS EXCLUDED FROM ARBITRATION LISTED BELOW IN PARAGRAPH 4.
The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the AAA Consumer Arbitration Rules and the AAA Mass Arbitration Supplementary Rules in effect at the time any demand for arbitration is filed with AAA (collectively “AAA rules and procedures”). For more information about AAA and the arbitration process, please visit the AAA website at http://www.adr.org. If AAA is not available to arbitrate, the parties will select an alternative arbitration provider.
Arbitration fees are allocated per AAA’s rules. However, if the total amount of your Claims is under $10,000, we will cover any AAA filing fees you pay.
The arbitrator shall have authority to decide all issues in dispute, except that questions about the scope, applicability, and enforceability of this arbitration clause are reserved for a court of competent jurisdiction.
This arbitration provision is governed by and shall be enforced under the Federal Arbitration Act. United States law, without reference to conflict-of-laws principles, governs any arbitration conducted under this section.
Despite the agreement to arbitrate, either party may elect to bring an individual Claim in small claims court if it falls within that court’s jurisdictional limits, regardless of which forum was initially chosen.
Arbitration Location and Form. For U.S. residents, any in-person arbitration hearing will be held in your county of residence unless both parties agree otherwise. For users outside the U.S., any in-person hearing will occur at a location mutually agreed upon by the parties.
If your total Claims seek less than $10,000, and you do not seek injunctive or declaratory relief, then the arbitration will be conducted solely on the basis of documents that you and we submit to the arbitrator, unless the arbitrator determines that a hearing is necessary. If your total Claims exceed $10,000 or seeks declaratory or injunctive relief, either party may request (or the arbitrator may determine) to hold a hearing, which shall be via videoconference or telephone conference unless the parties agree otherwise.Any arbitration demand or counterclaim must clearly identify the claimant, describe the nature of the claims and their factual basis, and confirm the claimant is bound by this Arbitration Agreement. AAA or the arbitrator may require amendment of any demand that does not meet these requirements. The arbitrator may sanction frivolous or improper filings under the standard in Federal Rule of Civil Procedure 11, including demands filed by or on behalf of non-parties to this Agreement.
Batch Arbitration. To increase the efficiency of administration and resolution of arbitrations, in the event 25 or more arbitration demands asserting the same or substantially similar facts or claims, and seeking the same or substantially similar relief are presented for filing by or with the assistance or coordination of the same law firm(s) or organization(s) to AAA against The Base 525 (“Mass Filing”), the parties agree (i) to administer the Mass Filing in batches of 25 demands per batch (if there are fewer than 25 arbitration demands left over after the initial batching, a final batch will consist of the remaining demands) with only one batch filed, processed, and adjudicated at a time; (ii) to designate one arbitrator for each batch; (iii) to accept applicable fees, including any related fee reduction determined by AAA in its discretion; (iv) that no other demands for arbitration that are part of the Mass Filing may be filed, processed, or adjudicated until the then-active batch of 25 is filed, processed, and adjudicated; (v) that fees associated with a demand for arbitration included in a Mass Filing, including fees owed by The Base 525 and the claimants, shall only be due after your demand for arbitration is included in a set of batch proceedings and that batch is properly designated for filing, processing, and adjudication; and (vi) that the staged process of batched proceedings, with each set including 25 demands (or less as above), shall continue until each demand (including your demand) is adjudicated or otherwise resolved. Arbitrator selection for each batch shall be conducted in accordance with the applicable AAA rules and procedures for such selection. You agree to cooperate in good faith with The Base 525 and AAA to implement such a “batch approach” or other similar approach to provide for an efficient resolution of claims, including the payment of combined reduced fees, set by AAA in its discretion, for each batch of claims. The parties further agree to cooperate with each other, AAA and the arbitrator to establish any other processes or procedures that AAA or arbitrator believe will provide for an efficient resolution of claims. Any disagreement between the parties as to whether this provision applies or as to the process or procedure for batching shall be resolved by a procedural arbitrator appointed by AAA. This “Batch Arbitration” provision shall in no way be interpreted as increasing the number of claims necessary to trigger the applicability of AAA’s Mass Arbitration Supplementary Rules or authorizing class arbitration of any kind. Unless The Base 525 otherwise consents in writing, The Base 525 does not agree or consent to class arbitration, private attorney general arbitration, or arbitration involving joint or consolidated claims under any circumstances, except as set forth in this subpart (viii). If your demand for arbitration is included in the Mass Filing, your claims will remain suspended until your demand for arbitration is decided, withdrawn, or is settled.
The batching process described in this subpart (viii) is an essential element of this Arbitration Agreement as it applies to Mass Filings. If it is found invalid or unenforceable, the entire Arbitration Agreement is void with respect to any claim in that Mass Filing, and neither party may arbitrate such claims.Mediation Following First Batch in a Mass Filing. The results of the first batch of demands will be given to an AAA mediator selected from an initially proposed group of 5 mediators. The Base 525 and the remaining claimants’ counsel may strike one mediator each and then rank the remaining mediators, with the highest collectively ranked mediator being selected. The selected mediator will try to facilitate a resolution of the remaining demands in the Mass Filing. After the results are provided to the mediator, The Base 525, the mediator and the remaining claimants will have 90 days (the “Mediation Period”) to agree on a resolution or substantive methodology for resolving the outstanding demands. If they are unable to resolve the outstanding demands during the Mediation Period and cannot agree on a methodology for resolving them through further arbitrations, either The Base 525 or any remaining claimant may opt out of the arbitration process and have the demand(s) proceed in court. Notice of the opt-out will be provided in writing within 60 days of the close of the Mediation Period. If neither The Base 525 nor the remaining claimants opt out and they cannot agree to a methodology for resolving the remaining demands through further arbitration, the arbitrations will continue with the batching process. Absent notice of an opt-out, the arbitrations will proceed in the order determined by the sequential numbers assigned to demands in the Mass Filing.
Any award rendered by the arbitrator is final and binding and may be confirmed as a judgment in any court with appropriate jurisdiction.
As indicated above in Section VIII(C)(3)As noted in Section VIII(C)(3), this Agreement to Arbitrate remains effective regardless of any termination of this Agreement or of your relationship with us.
RESTRICTIONS ON CLAIMS:
AN ARBITRATION OF ANY CLAIM SUBJECT TO THIS ARBITRATION PROVISION MUST BE FILED WITHIN ONE (1) YEAR OF THE DATE OF THE OCCURRENCE OF THE EVENT OR FACTS GIVING RISE TO SUCH CLAIM, OTHERWISE, THE CLAIM IS BARRED AND THE RIGHT TO PURSUE SUCH CLAIM IS WAIVED.
BY ENTERING INTO THIS AGREEMENT YOU WAIVE YOUR RIGHT TO PARTICIPATE IN OR BRING A CLASS ACTION IN COURT OR A CLASS ARBITRATION. ALL PARTIES MUST BE INDIVIDUALLY NAMED. TO THE FULL EXTENT PERMITTED BY LAW, THERE SHALL BE NO RIGHT OR AUTHORITY FOR ANY CLAIMS TO BE ARBITRATED OR LITIGATED IN COURT ON A CLASS ACTION OR CONSOLIDATED BASIS ON BEHALF OF OTHER USERS, SUBSCRIBERS, REGISTRANTS OR OTHER PERSONS SIMILARLY SITUATED, OR BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY ON BEHALF OF THE GENERAL PUBLIC (SUCH AS A PRIVATE ATTORNEY GENERAL).
AS STATED MORE FULLY IN SECTION VIII(B)(3) ABOVE, ALL PARTIES WAIVE ANY CLAIM TO INDIRECT, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR MULTIPLIED DAMAGES ARISING FROM OR OUT OF ANY CLAIM WITH US.
WE AND YOU AGREE THAT THE FOLLOWING WILL NOT BE SUBJECT TO ARBITRATION (“EXCLUDED CLAIMS”): (1) ANY CLAIM FILED BY YOU OR US IN SMALL CLAIMS COURT WHERE THE AMOUNT IN CONTROVERSY IS PROPERLY WITHIN THE JURISDICTION OF SUCH COURT; (2) ANY CLAIM REGARDING ANY PARTYS INTELLECTUAL PROPERTY RIGHTS, (3) ANY ACTION SEEKING A DECLARATORY JUDGMENT, INJUNCTION, OR OTHER EQUITABLE RELIEF IN A COURT OF COMPETENT JURISDICTION REGARDING WHETHER A PARTY’S CLAIMS ARE TIME-BARRED OR MAY BE BROUGHT IN SMALL CLAIMS COURT.
You further agree that for Excluded Claims and other Claims in which arbitration is denied:
the restrictions set forth in Section VIII(G)(3)(ii)-(iii) above shall apply; and
regardless of where you use the Service or Products, such Claims shall be construed and governed under the laws of the United States, without regard to conflict-of-laws principles; and
shall be brought exclusively before a court of competent jurisdiction, to whose personal jurisdiction you hereby consent, waiving any objection based on forum non-conveniens or improper venue.
Except for this subpart (7) and subpart (3)(vii), if any provision of this Agreement is found invalid or unenforceable, that provision shall be applied to the fullest extent possible consistent with the parties’ intent, and the rest of the Agreement remains in full force. However, if this subpart (7) or subpart (3)(viii) is found invalid or unenforceable, the Arbitration Agreement as a whole is void, and neither party may arbitrate Claims arising under it.
IF YOU DO NOT WISH TO BE BOUND BY THIS ARBITRATION PROVISION AND CLASS ACTION WAIVER, YOU MUST NOTIFY US IN WRITING BY CONTACTING US AT
Legal Department
Arbitration Opt-out
[Address]
[City, State, ZIP]
1. WITHIN 30 DAYS FROM THE DATE THAT YOU FIRST PURCHASE, SUBSCRIBE TO, USE OR REGISTER FOR THE APPLICABLE PRODUCT OR SERVICE OR OTHERWISE ACCESS, VISIT AND/OR USE OUR PRODUCTS AND SERVICES. YOUR WRITTEN NOTIFICATION TO US MUST INCLUDE: (1) YOUR FULL NAME AND ADDRESS; (2) THE NAME OF THE PRODUCT OR SERVICE YOU ACCESSED, VISITED, SUBSCRIBED TO, REGISTERED FOR, AND/OR USED; AND (3) A CLEAR STATEMENT THAT YOU DO NOT WISH TO RESOLVE CLAIMS WITH US THROUGH ARBITRATION AND YOU DO NOT WAIVE YOUR RIGHT TO BRING A CLASS ACTION IN COURT. YOUR DECISION TO OPT OUT OF ARBITRATION AND THE CLASS ACTION WAIVER WILL HAVE NO ADVERSE EFFECT ON YOUR RELATIONSHIP WITH US OR YOUR USE OF OUR PRODUCTS AND SERVICES. IF YOU HAVE PREVIOUSLY NOTIFIED US OF YOUR DECISION TO OPT OUT OF ARBITRATION AND THE CLASS ACTION WAIVER, YOU DO NOT NEED TO DO SO AGAIN.
General
We may publish supplemental rules or guidelines applicable to specific parts of the Service from time to time. Any such rules are incorporated into this Agreement and posted within the relevant area of the Service. Continued use of the Service constitutes your acceptance of those supplemental rules.
This User Agreement, together with the Privacy Policy and any other terms posted on or communicated through the Service, constitutes the entire agreement between you and us and supersedes all prior agreements on the same subject. Any new features, Products, or enhancements to the Service are automatically governed by this Agreement unless we expressly state otherwise in writing.
Our failure to enforce any provision or exercise any right under this Agreement at any time does not constitute a waiver of that provision or right. Any waiver by us must be in writing to be effective, and a waiver of one breach does not constitute a waiver of any future breach.
We may assign or transfer this Agreement and our rights and obligations under it to any person or entity at any time without notice. You may not assign or transfer this Agreement or any rights under it, and any purported transfer by you is void.
IX. Glossary
As used in this Agreement, the following terms have the following meanings:
“Agreement” refers to the complete set of terms, rules, and conditions governing your use of the Service, including this User Agreement, the Privacy Policy, and any additional terms posted on or communicated through the Service.
“Claim” means any demand, dispute, liability, loss, damage, cost, or expense of any kind — including reasonable attorneys’ fees — whether known or unknown, accrued or future, and whether grounded in contract, statute, tort (including fraud, negligence, or intentional misconduct), or any other legal or equitable basis.
“Content” means any and all text, photographs, images, graphics, video, audio, music, podcasts, games, software, code, data, trademarks, brand identifiers, designs, and other materials or information available on or through the Service, whether provided by us, our licensors or vendors, or by users or third parties.
“Device” means any computer, smartphone, tablet, smart TV, or other technology capable of connecting to and accessing the Service.
“Fees” means all charges, costs, taxes, and surcharges associated with any Product or access to the Service that you incur through your account or activity.
“Personal Information” means information that identifies, relates to, or could reasonably be linked — directly or indirectly — to a specific individual, Device, or household. Aggregated, anonymized, or de-identified data is not Personal Information for purposes of this Agreement.
“Product” means any good, service, or other offering — including Content, promotions, and surveys — made available on or through the Service by us or third parties, whether sold, distributed, given away, or otherwise provided.
“Search Engine” means a publicly available, free internet-based tool that returns results in response to user queries, displaying brief text excerpts or thumbnail images alongside links to the source pages where the information appears.
“Service” means each website, application, mobile platform, campaign, event, or other offering we provide that links to or references this User Agreement, together with all associated Content, features, and functionality.
“Third Party Providers” means unaffiliated third parties involved in delivering the Service or Products to you, including hardware and software providers, network carriers, technology vendors, and service providers we engage to operate, host, or administer aspects of the Service.
“We,” “Us,” “Our,” and “The Base 525” each refer to The Base 525 and its affiliates and related entities, including their respective officers, directors, employees, contractors, agents, successors, and assigns.
“You” and “Your” refer to any individual or entity that accesses or uses the Service in any way, including automated processes that collect or index digital content, as well as your administrators, successors, and assigns.
If you don’t agree to the terms contained in this User Agreement, you must immediately exit the Service.