Bachelr Inc. Terms of Use

Date of Last Revision: June 2, 2015

WELCOME

 

Bachelr Inc. (“Bachelr,” “we,” “us,” “our”) provides its services (described below) to you through its website located at www.bachelr.com (the “Site”), subject to the following terms of use as amended from time to time, the “Terms of Use”). In addition, you will be subject to any additional terms applicable to use of the Site that may be posted on the Site from time to time, including, without limitation, the Privacy Policy located at www.bachlr.com/privacy. All such terms are hereby incorporated by reference into these Terms of Use.

We reserve the right, at our sole discretion, to change or modify portions of these Terms of Use at any time. If we do this, we will post the change(s) on this page and will indicate at the top of this page the date these terms were last revised. Any such changes will be effective immediately. Your continued use of the Site after the date any such changes become effective constitutes your acceptance of the new Terms of Use.

TOGETHER THESE TERMS OF USE AND THE PRIVACY POLICY CONSTITUTE YOUR SERVICE AGREEMENT (“AGREEMENT”) WITH BACHELR. THIS AGREEMENT SETS FORTH THE LEGALLY BINDING TERMS FOR YOUR USE OF THE SITE, ANY REGISTRATION YOU MAY ESTABLISH TO USE THE SITE, AND YOUR PURCHASE OR USE OF ANY PRODUCTS OFFERED ON THE SITE. BY ACCESSING AND/OR USING THE SITE, YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THE AGREEMENT AND TO ABIDE BY ALL OF THE TERMS OF USE SET FORTH HEREIN. IF YOU ARE UNDER 13 YEARS OF AGE, YOU ARE NOT AUTHORIZED TO USE THE SITE OR OTHERWISE REGISTER TO PURCHASE PRODUCTS FROM THE SITE. IN ADDITION, IF YOU ARE UNDER 18 YEARS OF AGE, YOU MAY USE THE SITE, ONLY WITH THE APPROVAL OF YOUR PARENT OR LEGAL GUARDIAN. YOU MAY NOT ACCESS OR USE THE SITE, REGISTER TO PURCHASE PRODUCTS OFFERED ON THE SITE, OR ACCEPT THIS AGREEMENT UNLESS YOU ARE AT LEAST 18 YEARS OLD. IF YOU DO NOT AGREE WITH ALL PROVISIONS OF THIS AGREEMENT, PLEASE DO NOT ACCESS AND/OR USE THE SITE, REGISTER TO USE THE SITE, OR PURCHASE PRODUCTS THROUGH THE SITE.

 

TERMS OF SALE

 

Products and Pricing . All Products listed on the Site are subject to change, as is Product information, pricing, and availability. Bachelr reserves the right, at any time, to modify, suspend, or discontinue any website feature or the sale of any Product with or without notice. You agree that Bachelr will not be liable to you or to any third party for any modification, suspension, or discontinuance of any Site feature or Product. In the event a Product is listed at an incorrect price or with incorrect information, we shall have the right, prior to the acceptance of your order (as described in “Orders” below), to decline or cancel any such orders, whether or not the order has been confirmed and/or your credit card or PayPal account charged. If your credit card or PayPal has already been charged for the order and we cancel your order, we will issue a credit to your credit card account or PayPal account in the amount of the charge.

Unless otherwise noted, the strike-through price displayed for Products on our Site is based on the suggested retail price for the Product provided to Bachelr by the manufacturer or vendor. Certain Products on our Site are similar - but not identical - to products sold through other retailers. In this case, the strike-through price represents the estimated regular retail value of a comparable item of similar quality offered elsewhere. Because we sell our Products over the internet nationwide and internationally, the strike-through price may or may not represent the prevailing price at any particular time or in every State or local community, and we make no promises about the reliability or accuracy of any such information. For items that we offer as a set, the strike-through price is based on the total of all the suggested retail prices for each item in the set. For clothing items that are priced higher for larger sizes, we average the prices across sizes to determine the strike-through price. For international sales, the strike-through price represents the retail price suggested to Bachelr by the manufacturer or vendor, based on what such items would be sold for in the US market, plus exchange rate conversion and, if applicable, an adjustment for additional international surcharges that cover items such as taxes, duties, and shipping. Nothing can replace your own comparison shopping, and notwithstanding the strike-through price information provided, if this is an important factor for you in your purchasing decision, we recommend you conduct your own individual research as well.

Payment Terms . For each Product you order on the Site, you agree to pay the price applicable for the Product as of the time you submitted your order (“Product Price”), the delivery fees for the delivery service you select (“Delivery Fees”), and any applicable Taxes (defined below). Bachelr will automatically bill your credit card or PayPal account submitted as part of the order process for such amounts, and you hereby authorize us to do so. You will be solely responsible for payment of all taxes (other than taxes directly imposed on Bachelr’s business activity in a state, such as income taxes), fees, duties, and other governmental charges, and any related penalties and interest, arising from the Product purchase (“Taxes”) not withheld by Bachelr. All payments are non-refundable (except as expressly set forth herein).

Orders . Your receipt of an Order confirmation from us does not signify our acceptance of your Order, nor does it constitute confirmation of our offer to sell. We reserve the right at any time after receipt of your Order to accept or decline or cancel your Order (in whole or in part) for any reason. We may require additional verifications or information before accepting any Order. Your Order is not accepted until it is shipped (or a portion of the Order is shipped). Notwithstanding the foregoing, you agree that, if we cancel all or a part of your Order, your sole and exclusive remedy is that we (a) issue a credit to your credit card or PayPal account in the amount charged for the cancelled portion (if your credit card has already been charged for the Order) or (b) not charge your credit card or PayPal account for the cancelled portion of the Order.

PayPal Purchases . Orders placed using a PayPal account as payment method will be processed upon submission, and funds may be transferred from your PayPal account immediately. This does not signify our acceptance of your Order, nor does it constitute confirmation of our offer to sell. We reserve the right to decline or cancel your Order as set forth above. The provisions of this paragraph does not alter or amend any other provisions of this Agreement.

Shipping Policy . Any delivery dates provided by Bachelr are estimates. Bachelr reserves the right to make deliveries in installments. Bachelr will send you an email when your order has shipped and you may review your order and shipping information on your Bachelr My Account page. We ship within the US (including Alaska, Hawaii and APO/FPO/DPO addresses), and some Products are available for international shipping.

Return Policy

(a) Return Procedures . Bachelr will only accept returns on Products that are identified on the Product information page as eligible for return or as provided below. Please note, however, that since different vendors offer the various Products on our Site, the return policy may vary for each Product (please check the Product page for the specific return policy for each Product). All returned Products must be unused (e.g., not worn, washed, damaged, or altered) and returned in accordance with the instructions received from contacting customer service at support@Bachelr.com. You are solely responsible for the cost of shipping the returned Product. Once Bachelr confirms that your Product was returned in accordance with the Terms of Use set forth herein, we will issue a refund to your credit card or PayPal account in the amount charged; provided that the refunded amount will not include the applicable Delivery Fee, which is nonrefundable. Unauthorized returns will not be refunded or credited to your account, and we may handle or dispose of those Products as we see fit in our sole discretion.

(b) Exchanges . We do not offer or accept any Product exchanges.

(c) Damaged Products . If the Product arrives damaged (“Damaged Product”), Bachelr will accept returns for a full refund only in accordance with the Return Procedures above. Once Bachelr confirms that you received a Damaged Product that was returned in accordance with the Return Procedures, your sole and exclusive remedy is that (a) we will issue a refund to your credit card or PayPal account in the amount charged for the Damaged Product (if your credit card or PayPal account has already been charged for the Product) or (b) we will not charge your credit card or PayPal account for the Damaged Product. The refunded amount will include the applicable Delivery Fee.

 

ACCESS AND USE OF THE SITE

 

Account Creation . The Site is designed to provide an online store offering unique, hand-picked, high-quality products from around the world. In order to purchasing products from the Site (collectively referred to herein as “Products”), you must register for an account with Bachelr (“Bachelr Account”) and provide certain information about yourself as prompted by the Site registration form. You represent and warrant that: (a) all required registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; and (c) your use of the Site does not violate any applicable law or regulation or the terms of this Agreement. You may de-activate your Bachelr Account at any time, for any reason. Bachelr may suspend or terminate your Bachelr Account in accordance with these Terms of Use.

Account Responsibilities . You are responsible for maintaining the confidentiality of your Bachelr Account login information. You are fully responsible for all activities that are associated with your Bachelr Account (including but not limited to any purchases, use of the Site, or correspondence from your account to Bachelr). You agree to: (a) immediately notify Bachelr of any unauthorized use or suspected unauthorized use of your Bachelr Account or any other breach of security; and, (b) ensure that you log out from your Bachelr Account at the end of each session when accessing the Site. When you provide Bachelr with such notice, Bachelr will suspend or otherwise secure your Account to prevent future unauthorized activity. Notwithstanding the foregoing, Bachelr will not be liable for any loss of damage arising from your failure to comply with this Section.

License . Subject to the terms of this Agreement, Bachelr grants you a limited, non-transferable, non-exclusive, license to access and make personal use of the shopping services and features provided on the Site. This license does not include any resale or commercial use of the Site features or content, or the right to access or use the Site for any of the restricted purposes set forth below. Bachelr may terminate this license at any time for any reason.

Permission is granted to electronically copy and print hard copy portions of the Site for the sole purpose of placing an order with Bachelr or purchasing Products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the Site solely for your own non-commercial use, or to place an order with Bachelr or to purchase Products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of the site is strictly prohibited, unless authorized by Bachelr. You agree not to change or delete any proprietary notices from materials downloaded from the site.

Restrictions; Limitations of Use . The rights granted to you in this Agreement are subject to the following restrictions: (a) you shall not license, sublicense, reproduce, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Site or its content without the express written consent of Bachelr; (b) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Site; (c) you shall not access the Site in order to build a similar or competitive service, or to download, copy or collect content or account information for the benefit of another merchant; (d) except as expressly stated herein, no part of the Site may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means without Bachelr’s express written consent; and (e) you shall not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information or content (including images and text descriptions) of the Site without Bachelr’s express written consent.

Modification of Site . Bachelr reserves the right, at any time, to modify, suspend, or discontinue the Site or any part thereof with or without notice. Any future release, update, or other addition to functionality of the Site shall be subject to the terms of this Agreement. You agree that Bachelr will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Site or any part thereof.

Mobile Services . The Site may be available via a mobile device, including the ability to browse the Site and purchase Products from a mobile device (collectively, the “Mobile Services”). To the extent that you access the Site through a mobile device, your wireless service carrier’s standard charges, data rates and other fees may apply. In addition, accessing or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices.

Acceptable Use Policy . You agree not to use the Site to collect, upload, transmit, display, or distribute any User Content (a) that violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (b) that is unlawful, harassing, abusive, tortious, threatening, harmful, abusive, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive (e.g., material that promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual) or otherwise objectionable material of any kind or nature or which is harmful to minors in any way; or (c) in violation of any law, regulation, or obligations or restrictions imposed by any third party.

In addition, you agree not to commercially exploit the Site or use it to: (a) upload, transmit, or distribute any computer viruses, worms, or any software intended to damage or alter a computer system or data; (b) send unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (c) harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent; (d) interfere with or disrupt servers or networks connected to the Site or violate the regulations, policies or procedures of such networks; (e) attempt to gain unauthorized access to the Site, other computer systems or networks connected to or used together with the Site, through password mining or other means; or (f) harass or interfere with another user’s use and enjoyment of the Site.

If you violate the Acceptable Use Policy or any other provision of this Agreement, we reserve the right (but have no obligation under this Agreement) to review any User Content, investigate, and/or take appropriate action against you, in our sole discretion, including removing or modifying your User Content, terminating your Bachelr Account in accordance with these Terms of Use, and/or reporting you to law enforcement authorities. We may also remove or modify your User Content if it, in our sole judgment, violates the rights of, harms, or threatens the safety of any other person, or creates liability for us or any other person. In order to cooperate with legitimate governmental requests, subpoenas or court orders, or to protect our business and members, we may access and disclose any information we consider necessary or appropriate, including your Bachelr Account username and password, IP address and traffic information, usage history, and your User Content.

Special Notice for International Use . This Site may be accessed from countries other than the United States. The Site may contain Products or references to Products that are not available outside of the United States. Any such references do not imply that such Products will be made available outside the United States. If you access and use the Site outside the United States you are responsible for complying with all applicable federal, state and/or local regulations, rules and laws regarding your use of the Site, including as it concerns online conduct and acceptable content.

Commercial Use Prohibited . Unless otherwise expressly authorized herein, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer or upload for any commercial purposes, any portion of the Site, use of the Site, or access to the Site. The Site is for your personal use.

 

OFFERS, PROMOTIONS, AND CUSTOMER CREDITS

 

Bachelr may from time to time and in its sole discretion make available special offers and promotions to its members, including offers and promotions that provide an opportunity for members to receive store credits, coupons, prizes, or benefits, (for example, reward credits issued to customers for referring others to Bachelr). Any such offers and promotions will expire on the dates specified in the offer or promotion. Credits, coupons, prizes, or benefits shall specify the terms that apply to their use and redemption and those terms shall apply. Credits, coupons, prizes, and benefits may not be combined with any other offers or promotions. We reserve the right at any time with our discretion, and without prior notice, to discontinue any offer or promotion or to add or change offer and promotion terms or conditions, including changing expiration periods or credit values for existing or future credits. Reward credits cannot accrue until or unless the referred customer completes a purchase on the Site and all other conditions of the relevant promotion have been met.

Credits are only for use on Products available for purchase on the Site and may not be used for the purchase of gift cards or services. Credits are promotional in nature without any exchange of money or value from you. Credits are not transferable to other accounts and as such, credits do not constitute property and you do not have a vested property right or interest in the credits.

Bachelr reserves the right to suspend or terminate the account of any user it believes is engaged in fraudulent, illegal, or inappropriate conduct in relation to any offers or promotions, including without limitation, using multiple user accounts or email addresses to meet promotion or offer requirements, using false names, impersonating others, or engaging in any other fraudulent or misleading conduct . You agree to forfeit any credits, coupons, prizes, or benefits as a result of any fraudulent, illegal, or inappropriate conduct. Bachelr reserves the right to void any such credits, coupons, prizes or benefits granted if it suspects that these were derived in a fraudulent manner, a manner that violates this Agreement or the terms of the offer or promotion, or in a manner otherwise not intended by Bachelr. In addition, any fraudulent, illegal, or inappropriate conduct in relation to any offers or promotions, may subject you to liability for civil and/or criminal penalties under applicable law. If Bachelr terminates your account, for any reason, any credit balances in your account will be cancelled, except as prohibited by law. Account balances are determined by Bachelr and such determination is final.

 

INTELLECTUAL PROPERTY RIGHTS

 

Service Content, Software and Trademarks. You acknowledge and agree that the Site may contain content or features (“Site Content”) that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by Bachelr, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Site or the Site Content, in whole or in part, except that the foregoing does not apply to your own User Content (as defined below) that you legally upload to the Site. In connection with your use of the Site you will not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. Any use of the Site or the Site Content other than as specifically authorized herein is strictly prohibited. The technology and software underlying the Site or distributed in connection therewith is the property of Bachelr, our affiliates and our partners (the “Software”). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by Bachelr.

Ownership . You acknowledge that all intellectual property rights in the Site, including our rights to our copyrighted material, patents, trademarks, service marks, and trade secrets (“Intellectual Property”) (excluding any User Content or content provided by vendors) are owned by Bachelr and its licensors, and neither the limited license granted herein, nor your use of the Site shall transfer to you or any third party any rights, title or interest in or to our Intellectual Property, and Bachelr reserves all rights to its Intellectual Property not granted in this Agreement.

User Content . “User Content” of means any and all information and content that you submit to Bachelr by any means, including through social media (e.g., Facebook, Twitter), or by using the Site (e.g., registering to use the Site, providing feedback submission or Product review). You are solely responsible for your User Content. You assume all risks associated with use of your User Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your User Content that makes you or any third party personally identifiable. You hereby affirm, represent, and warrant that (i) you own, or have the necessary licenses, rights, and/or consents to use your User Content with the Site as described herein and (ii) your User Content does not violate the Acceptable Use Policy. You may not state or imply that your User Content is in any way provided, sponsored or endorsed by Bachelr. Because you alone are responsible for your User Content (and not Bachelr), you may expose yourself to liability if, for example, your User Content violates the Acceptable Use Policy. Bachelr is not obligated to backup any User Content, makes no representation that it will do so, and you agree that Bachelr may delete User Content at any time.

License . By submitting your User Content or using it with the Site , you automatically grant, and you represent and warrant that you have the right to grant, to Bachelr an irrevocable, nonexclusive, royalty-free and fully paid, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use your User Content, and to grant sublicenses of the foregoing, solely for the purposes of including your User Content in the Site, Bachelr social media platforms or its marketing initiatives. You agree to irrevocably waive (and cause to be waived) any claims and assertions of publicity or moral rights, or attribution with respect to your User Content.

Feedback . Bachelr will treat any feedback, communications, or suggestions you provide to Bachelr as non-confidential and non-proprietary. Thus, in the absence of a written agreement with Bachelr to the contrary, you agree that you will not submit to Bachelr any information or ideas that you consider to be confidential or proprietary.

Other Users . Each Site user is solely responsible for any and all of its User Content. Because we do not control User Content, you acknowledge and agree that we are not responsible for any User Content and we make no guarantees regarding the accuracy, currency, suitability, or quality of any User Content, and we assume no responsibility for any User Content. Your interactions with other Site users are solely between you and such user. You agree that Bachelr will not be responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute between you and any Site user, we are under no obligation to become involved.

Copyright Complaints. Bachelr respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify Bachelr of your infringement claim in accordance with the procedure set forth below.

Bachelr will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws with respect to any alleged or actual infringement. A notification of claimed copyright infringement should be emailed to Bachelr’s Copyright Agent at copyright@Bachelr.com (Subject line: “DMCA Takedown Request”). You may also contact us by mail at:

Bachelr, Inc.

Attn: Copyright/Legal

6466 Hollis Street, Unit 230

Emeryville, CA 94608

To be effective, the notification must be in writing and contain the following information:

• an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;

• a description of the copyrighted work or other intellectual property that you claim has been infringed;

• a description of where the material that you claim is infringing is located on the Service, with enough detail that we may find it on the Service;

• your address, telephone number, and email address;

• a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;

• a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

Counter-Notice. If you believe that your User Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to upload and use the content in your User Content, you may send a written counter-notice containing the following information to the Copyright Agent:

• your physical or electronic signature;

• identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;

• a statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and

• your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court located within Northern District of California and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

• If a counter-notice is received by the Copyright Agent, Bachelr will send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion.

Repeat Infringer Policy. In accordance with the DMCA and other applicable law, Bachelr has adopted a policy of terminating, in appropriate circumstances and at Bachelr's sole discretion, users who are deemed to be repeat infringers. Bachelr may also at its sole discretion limit access to the Service and/or terminate the memberships of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

 

THIRD PARTY SITES/MATERIAL

 

Third Party Sites . The Site may contain links to, or advertisements for, third party web sites (collectively, “Third Party Sites”) (for example, social media sites such as Facebook, Twitter, or Pinterest). Such Third Party Sites are not under the control of Bachelr and Bachelr is not responsible for any Third Party Sites. Bachelr provides links to these Third Party Sites only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third Party Sites. You agree that you use all Third Party Sites at your own risk. When you link to a Third Party Site, the applicable service provider’s terms and policies, including privacy and data gathering practices govern. You should make whatever investigation you feel necessary or appropriate before proceeding to or otherwise using any Third Party Site.

Third Party Material. Under no circumstances will Bachelr be liable in any way for any content or materials of any third parties (including users), including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. You acknowledge that Bachelr does not pre-screen content, but that Bachelr and its designees will have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Site. Without limiting the foregoing, Bachelr and its designees will have the right to remove any content that violates these Terms of Use or is deemed by Bachelr, in its sole discretion, to be otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.

 

DISCLAIMERS, LIMITATION OF LIABILITY, INDEMNITY, RELEASE

 

Disclaimers . BACHELR ATTEMPTS TO PROVIDE ACCURATE DESCRIPTIONS OF PRODUCTS AND SERVICES ON THE SITE. BACHELR DOES NOT WARRANT, HOWEVER, THAT THE DESCRIPTIONS ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. THE WEB SITE AND PRODUCTS ARE PROVIDED “AS-IS” AND AS AVAILABLE AND TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE EXPRESSLY DISCLAIM ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT.

BACHELR MAKES NO WARRANTY THAT (I) THE SITE WILL MEET YOUR REQUIREMENTS, (II) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY CLOTHES, PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS.

BACHELR DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THIS SITE. IF A MANUFACTURER, VENDOR, OR SUPPLIER PROVIDES AN EXPRESS WARRANTY, THAT WARRANTY IS BETWEEN YOU AND THE MANUFACTURER, VENDOR OR SUPPLIER AND NOT BACHELR.

NOTWITHSTANDING THE FOREGOING, IF APPLICABLE LAW REQUIRES IMPLIED WARRANTIES WITH RESPECT TO THE PRODUCTS, THEN ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF PURCHASE. IF A MANUFACTURER, VENDOR OR SUPPLIER OF A PRODUCT PROVIDES A WARRANTY FOR THE PRODUCT TO US AND ALLOWS US TO PASS IT THROUGH TO YOU, WE WILL PASS IT THROUGH TO YOU. IF A PRODUCT OFFERED ON THE SITE IS NOT AS DESCRIBED, YOUR SOLE REMEDY IS TO RETURN THE ITEM, AS SPECIFIED IN THESE TERMS OF USE.

Limitation On Liability . IN NO EVENT SHALL BACHELR, OUR OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, SUBSIDIARIES, PARENTS, JOINT VENTURES, SUCCESSORS AND ANY OTHER COMPANIES UNDER COMMON CONTROL WITH US BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF THE WEB SITE, PRODUCTS, OR THIRD PARTY SITES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE WEB SITE, PRODUCTS AND THIRD PARTY SITES ARE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA RESULTING THEREFROM. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (A) FIFTY US DOLLARS ($50) OR (B) AMOUNTS YOU’VE PAID BACHELR IN THE PRIOR 12 MONTHS. WE AGREE THAT ANY CLAIM BETWEEN US MUST BE BROUGHT WITHIN TWO (2) YEARS.

YOU ACKNOWLEDGE AND AGREE THAT BACHELR IS NOT RESPONSIBLE FOR ANY PRODUCT DEFECT OR ANY LOSSES, DAMAGES, RIGHTS, CLAIMS, AND ACTIONS OF ANY KIND INCLUDING PERSONAL INJURIES, DEATH, AND PROPERTY DAMAGE, THAT ARE EITHER DIRECTLY OR INDIRECTLY RELATED TO OR ARISE OUT OF ANY PRODUCTS YOU PURCHASE THROUGH THE SITE. YOU AGREE THAT THE MANUFACTURER OR VENDOR OF THE SPECIFIC PRODUCT IS SOLELY RESPONSIBLE FOR ANY PRODUCT DEFECT OR ANY DAMAGES CAUSED BY SUCH PRODUCT.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE OR WITH THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SITE.

Indemnity . You agree to indemnify and hold Bachelr, our officers, employees, agents, affiliates, subsidiaries, parents, joint ventures, successors and any other companies under common control with us harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of (i) your use of the Site or Products, (ii) your User Content, or (iii) your violation of this Agreement. Bachelr reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Bachelr. Bachelr will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

Release . You hereby release us, our officers, employees, agents, affiliates, subsidiaries, parents, joint ventures, successors and any other companies under common control with us from claims, demands any and all losses, damages, rights, claims, and actions of any kind including personal injuries, death, and property damage, that are either directly or indirectly related to or arise out of any interactions with or conduct of other Site users or Third Party Sites.

IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES:

“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.”

DISPUTE RESOLUTION BY BINDING ARBITRATION: PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS .

Except as otherwise provided below, all disputes and claims between you and Bachelr, shall be resolved in either a small claims court or, if the amount of the claim or relief demanded exceeds the jurisdictional limit of small claims court, by final and binding arbitration.

Arbitration Agreement

Bachelr and you agree to arbitrate all disputes and claims between us. This agreement to arbitrate is intended to be broadly interpreted. It includes, but is not limited to:

• claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory;

• claims that arose before this or any prior agreements (including, but not limited to, claims relating to advertising);

• claims that are currently the subject of purported class action litigation in which you are not a member of a certified class; and

• claims that may arise after the termination of this Terms of Use.

References to "Bachelr", "you", and "us" include our respective subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or devices under this or prior agreements between us. This arbitration agreement does not preclude you from bringing issues to the attention of federal, state or local agencies, including, for example, the Federal Communications Commission. Such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into this Terms of Use, you and Bachelr are each waiving the right to a trial by jury or to participate in a class action. This Terms of Use evidences a transaction in the interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision. This arbitration provision shall survive termination of this Terms of Use.

A party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute ("Notice"). The Notice to Bachelr should be addressed to Bachelr Inc., Attn: Legal, 6466 Hollis Street, Unit 230, Emeryville, CA 64608 ("Notice Address"). The Notice must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought ("Demand"). If Bachelr and you do not reach an agreement to resolve the claim within sixty (60) calendar days after the Notice is received, you or Bachelr may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by Bachelr or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or Bachelr is entitled.

The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association (“AAA”), as modified by this Terms of Use, and will be administered by the AAA. The AAA Rules are available online at adr.org, by calling the AAA at 1-800-778-7879, or by writing to the Notice Address. The arbitrator is bound by the terms of this Terms of Use. All issues are for the arbitrator to decide, including, but not limited to, issues relating to the scope, enforceability, and arbitrability of the arbitration provision. Unless Bachelr and you agree otherwise, any arbitration hearings will take place in a reasonably convenient location for both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, the determination shall be made by AAA. If your claim is for $10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.

The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees and expenses at any time during the arbitration proceeding and upon request from either party made within 14 days of the arbitrator's ruling on the merits.

The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim.

CLASS ACTION WAIVER . YOU AND BACHELR AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Bachelr agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void.

Notwithstanding any provision in this Terms of Use to the contrary, we agree that if Bachelr makes any future change to this arbitration provision (other than a change to the Notice Address) while you are a user of the Site, you may reject any such change by sending us written notice within thirty (30) calendar days of the change to the Arbitration Notice Address provided above. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this provision.

Applicable Statute of Limitations . You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site or these Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.

 

TERM AND TERMINATION

 

Subject to this Section, this Agreement will remain in full force and effect while you use the Site. We may (a) suspend your rights to use the Site (as well as your Bachelr Account) or (b) terminate this Agreement, at any time for any reason at our sole discretion, including for any use of the Site in violation of this Agreement or if we believe you are younger than 18. Upon termination of this Agreement, your Bachelr Account and right to access and use the Site will terminate immediately. You understand that any termination of your Bachelr Account may involve deletion of any User Content you may have posted. Bachelr will not have any liability whatsoever to you for any termination of this Agreement, including for termination of your Bachelr Account or deletion of your User Content.

You agree that any termination of your access to the Site under any provision of this Terms of Use may be effected without prior notice, and acknowledge and agree that Bachelr may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Site. Further, you agree that Bachelr will not be liable to you or any third-party for any termination of your access to the Site.

Even after this Agreement is terminated, the following provisions of this Agreement will remain in effect: Return Policy, Restrictions/Limitation of Liability, Modification, Ownership, User Content, Acceptable Use Policy, Disclaimers, Limitation of Liability, Indemnity, Dispute Resolution, Term and Termination, Intellectual Property, and General.

 

GENERAL

 

Entire Agreement . This Agreement constitutes the entire agreement between you and us regarding the use of the Site and the purchase of any Products on our Site.

Waiver . Our failure to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision.

Headings; Interpretation . The section titles in this Agreement are for convenience only and have no legal or contractual effect.

Admissibility . A printed version of this Agreement and of any notice given in electronic form will be admissible in judicial or arbitration proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Severability . If any provision of this Agreement is, for any reason, held to be invalid or unenforceable, the other provisions of this Agreement will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.

No Assignment . This Agreement, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Bachelr’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. The terms of this Agreement shall be binding upon assignees.

Governing Law . The laws of the State of California will govern this Agreement without giving effect to any principles of conflicts of laws. With respect to any disputes or claims not subject to arbitration, as set forth above, you and Bachelr agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within the City and County of San Francisco, California.

Notices . Notices to you may be made via either email or regular mail. The Site may also provide notices to you of changes to these Terms of Use or other matters by displaying notices or links to notices generally on the Site.

Privacy . At Bachelr, we respect the privacy of our users. For details please see our Privacy Policy located at http://bachelr.com/privacy/. By using the Site, you consent to our collection and use of personal data as outlined therein.

Notice for California Users . Under California Civil Code Section 1789.3, users of the Service from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210. Bachelr may be contacted in writing at Bachelr Inc., Attn: Legal, 6466 Hollis Street, Unit 230, Emeryville, CA 64608.

Applicable Statute of Limitations . You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site or these Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Questions? Concerns? Comments?

Please contact us at support@bachelr.com to report any violations of these Terms of Use or to pose any questions regarding this Terms of Use or the Site.

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