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Last updated: April 22, 2013
1. Summary of Services and Basic Terms
Btiques provides an online and mobile marketplace that connects you (a “User”) with products from participating boutiques across the world (its “Vendors”) (collectively, Btiques’ “Members”). However, Btiques has no control over or responsibility for the truth or accuracy of Content listed by Members; the quality, safety, or legality of Content listed by Members; or the ability of Members to complete transactions to their satisfaction. Similarly, Btiques does not participate directly in and is not a party to transactions between Users and Vendors.
As a result, you are exclusively responsible for your use of the Services, for any Content you post to the Services, for any consequences of your use of and your Content on the Services, and for your transactions with Vendors.
The Content you submit, post, or display will be able to be viewed by other Users and through third party services and websites (you can control who sees your Content through your Account Settings page). You should only provide Content that you are comfortable sharing with others under these Terms.
Btiques and the form and nature of the Services may change from time to time without prior notice to you. Btiques may stop (permanently or temporarily) providing the Services (or features within the Services) to you (or to all or a portion of Users generally) without prior notice to you. Btiques may also restrict use of the Services and limit storage of Content at any time without prior notice to you. You agree that Btiques will not be responsible or liable for any consequence, loss or damage arising (directly or indirectly) from any of the circumstances described in this paragraph.
Btiques relies on third-party providers for certain aspects of the Services. As such, the Services may be unavailable from time to time for many reasons (including, but not limited to, interruption, delay and routine maintenance). You acknowledge and agree that these circumstances are often beyond the control of Btiques, and that your access to and use of the Services may be interrupted, suspended or terminated for various circumstances both within and outside of Btiques’s control. You agree that Btiques will not be liable for any interruptions or for any consequence, loss or damage (direct or indirect) arising from these interruptions.
3. Eligibility and Your Obligations as a Member
Your use of the Services requires registration for an account with Btiques (your “Account”). You agree to provide truthful and complete information for your Account and to keep your Account current and accurate. You may browse and view some of the Services without creating an Account. You may only use certain portions of the Services if you registered your Account.
You may create your Account through our native registration process or (for Users with active Facebook accounts) through Facebook’s “Facebook Connect” service. If you choose to create your account through Facebook Connect, you hereby represent and warrant that you have read and agreed to be bound by all applicable Facebook policies and will act in accordance with those policies in addition to your obligations under this Agreement. If you access the Services through Facebook Connect, Btiques may require that you use the same Member name as your user name for Facebook. If you access the Services through Facebook Connect, you are consenting to have the information in that Facebook account transmitted to Btiques. You agree that you will only use Facebook accounts owned by you.
You are solely responsible and liable for all actions and Content that occur on and through your Account or in connection with your Account. You are solely responsible and liable for safeguarding the security and accuracy of your Account.
Access to and use of password protected and/or secure areas of the Services is restricted to authorized users only. Unauthorized persons who access or attempt to access these parts of the Services may be prosecuted.
On your Account you will not (1) provide any false information; (2) create an account for anyone other than yourself without that person’s permission; (3) use a name of another person with the intent to impersonate or disparage that person; (4) use a name that is subject to any rights of a third party without the proper authorization; or (5) use a name or post any Content anywhere on the Services that is offensive, vulgar, obscene, or otherwise unlawful. Btiques may remove any Member, Member Name or Content that it considers in its sole discretion to violate these Terms.
Your Account is subject to the Btiques’ Payment and Transaction Policy. Please review the Payment and Transaction Policy to better understand what is required for payments and transactions through the Services. You will not circumvent or manipulate the fee structure, billing process, or fees owed to Btiques, or make any attempt to do so.
Btiques does not participate directly in transactions between Users and Vendors. These transactions are separate agreements to which Btiques is not a party. Neither Btiques nor the Services transfers (or is responsible for transferring) legal ownership of items from the Vendor to the User.
As a User making a purchase, you are responsible for reading the full item listing, including, but not limited to, any instructions or restrictions the Vendor provides. If you make a commitment to buy an item from a Vendor, you enter into a separate, legally-binding contract with the Vendor and are obligated to purchase the item. By using the Services, you agree that you will deliver payment for all items purchased by you, unless the Vendor has materially changed the item’s description after you a bid, a clear typographical error is made, or you cannot reach the Vendor.
As a Vendor offering or making a sale, you agree to assume exclusive responsibility and liability for the content of the listing and item offered. If you offer an item through the Services and it is purchase by a User, you enter into a separate, legally-binding contract with the User and are obligated to sell the item. By using the Services, you agree that you will deliver all items purchased from you, unless the User fails to meet the posted terms, or you cannot reach the User.
Btiques may offer special promotional offers through the Services that may or may not apply to your Account. By using the Services, you agree to be bound by the terms and conditions set out by Btiques in such special offers.
You will not use another Member’s account without such other Member’s prior express permission. You are solely responsible for notifying Btiques in writing of any unauthorized use of your Account.
By using the Services, you represent that you are of legal age to form a binding contract. If you are registering an Account as, or on behalf of, an entity or a person other than yourself, you represent that you are authorized to enter into contracts on behalf of and bind such entity or other person. If you are under 18 years old, you parent or guardian must enter into this Agreement on your behalf, and will be responsible for your use of and access to the Services; this includes financial responsibility for any items you purchase through the Services. Persons under 13 years old are expressly prohibited from using the Services, and any attempt by a person under the age of 13 will be void.
Btiques may, in its sole discretion, refuse to offer the Services to any person or entity, or change the eligibility criteria for the Services at any time. Btiques reserves the right to terminate your Account and/or revoke your access to the Services in its sole discretion for any reason. You may voluntarily end your membership with Btiques at any time through your Account Settings page.
Failure to comply with any of the obligations set out in this Section 3 will be a breach of these Terms and may result in termination of your Account. You agree that Btiques will not be liable for any consequences, loss or damage (direct or indirect) arising from your failure to comply with any of the above.
4. Content on the Services
All Content, whether publicly posted or privately transmitted, is the sole responsibility of the Member who originated the Content. Btiques does not monitor or control the Member Content posted on the Services, and, is not responsible or liable for any Member Content or any consequence, loss or damage (direct or indirect) of Member Content. In addition, any use of or reliance on any Content (whether originated by Members or Btiques) posted on the Services (or obtained by you through the Services) is at your own risk.
Btiques does not represent or guarantee completeness, truthfulness, accuracy, appropriateness or reliability for any Content or communications posted on the Services, or endorse any opinions expressed on the Services. By using the Services, you may be exposed to Content that is offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, listings that have been mislabeled or are otherwise deceptive. You agree that Btiques will not be responsible or liable under any circumstances for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of Content posted, emailed, transmitted or otherwise made available on or through the Services or broadcast elsewhere.
The Services may include advertisements and other marketing messages. The form and frequency of advertising and marketing messages by Btiques and its partners on the Services may change without prior notice to you. By using the Services, you agree that Btiques and its third-party providers and partners may advertise on the Services, including, but not limited, targeted advertisements related to Content submitted by you or others.
Btiques does not actively monitor Content provided by Members and will not censor or remove Member Content, except in the limited circumstances described in these Terms.
As a Member providing Content on the Services, you represent and warrant that such Content:
Is not counterfeit or stolen;
Does not infringe or violate the intellectual property or proprietary rights of Btiques or any third party;
Is not for any unlawful purpose or in furtherance of illegal activities (International users agree to comply with all local laws regarding online conduct and acceptable content);
Does not violate any contractual obligation;
Is not false, fraudulent or deceptive;
Is not threatening, violent, abusive, harassing, defamatory, invasive of another’s privacy, tortious, obscene, vulgar, pornographic, profane, contains or depicts nudity or sexual activity; discriminatory, or otherwise inappropriate;
Is not unsolicited advertising, junk mailing, or spamming;
Does not contain software viruses, malware/phishing or another other computer mechanism designed to disrupt, damage, monitor, or interfere with the independent functioning of Btiques or third party equipment, software, or systems;
Does not impersonate any person without such person’s prior consent;
Does not include any personal identification, financial, or confidential information without prior consent;
Does not solicit Members or Guests to use other on- or off-line services that are directly or indirectly competitive with Btiques;
Does not attempt by any method to determine any source code or underlying idea or algorithms of any part of the Services;
Does not falsely imply affiliation with or sponsorship by Btiques without the prior written consent of Btiques; or
Does not breach any of the terms or conditions in these Terms.In addition, you agree not to use the Services, whether directly or indirectly, to publish, offer for sale, sell, or otherwise distribute the following:
Medication, drugs, and other controlled substances;
Firearms, explosives, and weapons of any kind;
Hazardous material of any kind;
Pornography and obscene material;
Securities of any kind;
Personal information, financial records, and identity documents;
Lottery tickets and relating gambling items;
Body parts, blood, and bodily fluids;
Any item of which sale is prohibited or regulated by law; and
Any item that is infringing or otherwise violates any law.
Btiques reserves the exclusive right to determine in its discretion whether your Content qualifies as any of the prohibited categories of Content listed above. Btiques may immediately terminate or suspend your Account without notice to you in the event that, in its judgment, you violate these Terms. Accounts created to replace suspended accounts will be permanently suspended. Accounts engaging in any of these behaviors may be investigated for abuse.
5. Your Rights as a Member
You retain your rights to your Account and any Content you submit, post or display on or through the Services. However, by using the Services, you grant Btiques a worldwide, non-exclusive, royalty-free, perpetual license to use, copy, reproduce, process, adapt, modify, publish, transmit, display, transfer, sublicense and distribute your Account and your Content in any and all media or distribution methods (now known or later developed).
You agree that this license includes the right for Btiques to promote and improve the Services by any action in its sole discretion, and to make your Content available to other companies, organizations or individuals who partner with Btiques for the syndication, broadcast, distribution or publication of such Content on other media and services, subject to Btiques’ terms and conditions for such Content use. We may modify or adapt your Content in order to transmit, display or distribute it in various media and forms, and/or make changes to your Content as are necessary to conform and adapt that Content to requirements or limitations of networks, devices, services or media.
By using the Services, you agree that you will not be entitled to any compensation for your Content (or uses of your Content) by Btiques, or other companies, organizations or individuals who partner with Btiques, including promotional or commercial uses.
You are exclusively responsible for your use of the Services, for Content you provide, and for any consequences arising from either, including the use of your Content by other Users and our third party partners. You understand and agree that your Content may be syndicated, broadcast, distributed, or published by Btiques and our partners, and, if you do not have the legal right to use or submit such Content on the Services, it may subject you to liability. Btiques will not be responsible or liable for any use of your Content (whether by Btiques, a third party partner, or a Member). By using the Services, you represent and warrant that you have the necessary rights, power and authority to use and submit your Content and to grant the licenses of such Content given to Btiques in this Agreement.
Failure to comply with any of the obligations set out in this Section 5 will be a breach of these Terms and may result in termination of your Account. You agree that Btiques will not be liable for any consequences, loss or damage (direct or indirect) arising from your failure to comply with any of the above.
6. Our Rights as Btiques
Btiques exclusively and perpetually owns and holds all right, title, and interest in and to the Services (excluding Content provided by users). The Services are currently (or may be in the future) protected by copyright, trademark, patents, trade secrets, and other laws of both the United States and foreign countries. Other than as expressly provided in these Terms, nothing gives you a right to use the Btiques name or any of the Btiques trademarks, logos, domain names, distinctive brand features, or other intellectual property or Content in any way. Any feedback, comments, or suggestions you may provide regarding Btiques or the Services is entirely voluntary and we will be free to use such feedback, comments or suggestions without any obligation or compensation to you.
7. Your License to Use the Services
Through your use of the Services, Btiques gives you a limited, personal, revocable, non-transferable and non-exclusive license to use the software and applications that are provided to you by Btiques as part of the Services. This limited license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by Btiques in the manner permitted by these Terms. This license is revocable at will and may be terminated by Btiques without prior notice to you (as explained further in these Terms).
A. Mobile Services and Applications
Members may access and use the Services through a mobile device ("Mobile Services"). Btiques does not warrant that the Mobile Services will be accessible and usable for all Members. Btiques hereby grants you a limited, non-exclusive, non-transferable, revocable license to use the Mobile Services for one Account for your personal use. You may not: (i) modify, disassemble, decompile or reverse engineer the Mobile Services, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Mobile Services to any third party; (iii) make any copies of the Mobile Services; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Mobile Services, features that prevent or restrict use or copying of any content accessible through the Mobile Services, or features that enforce limitations on use of the Mobile Services; or (v) delete the copyright and/or other proprietary rights notices on the Mobile Services. By using the Services, you agree that Btiques may from time to time issue upgraded versions of the Mobile Services, and may automatically electronically upgrade the version of the Mobile Services that you are using on your mobile device. You agree to such automatic upgrading on your mobile device, and agree that these Terms will apply to all such upgrades. The foregoing license grant is not a sale of the Mobile Services or any copy thereof, and Btiques or its third party partners or suppliers retain all right, title, and interest in the Mobile Services (and any copy thereof). The Mobile Services originate in the United States, and is subject to United States export laws and regulations. You agree to comply with all United States and foreign laws related to use of the Mobile Services and the Btiques Services.
8. Restrictions on Use of Services and Content for Users and Members
By using the Services, you agree that each User is solely responsible for all actions and Content the User makes on the Services, including, but not limited to, the truth, accuracy and legality of the User’s Content and Account information; all harm, loss or damage resulting from the User’s Content and purported transaction commitments; and your ability to complete a transaction with the User to your satisfaction.
By using the Services, you agree that each Vendor is solely responsible and liable for any product or item the Vendor lists for sale on the Services (any such listing, a “Product”), including, but not limited to, the truth and accuracy of Products; any harm resulting from a Product; the quality, safety, or legality of a Product; and your ability to complete a transaction with the Vendor to your satisfaction.
By using the Services, you agree that you may not do any of the following while accessing or using the Services: (i) access, tamper with, or use non-public areas of the Services, including, but not limited to, Btiques’ computer and network systems, or the technical delivery systems of Btiques’ third party providers and partners; (ii) probe, scan, or test the vulnerability of any system or network, or breach or circumvent any security or authentication measures; (iii) access or search, or attempt to access or search, the Services by any means (automated or otherwise) other than through any currently available, published interfaces that Btiques may or may not make available (and only pursuant to those terms and conditions), unless you have been specifically allowed to do so in a separate agreement with Btiques (NOTE: scraping the Services without the prior consent of Btiques is expressly prohibited); (iv) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Services to send altered, deceptive or false source-identifying information; (v) interfere with, or disrupt (or attempt to do so) the access of any Member, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Services, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Services; or (vi) downloading or copying the Services or any Content for the benefit of another party.
Please also review the Btiques Content Policy and Payment and Transaction Policy (which are part of these Terms) to better understand what is allowed, required and prohibited on the Service.
Failure to comply with any of the obligations set out in this Section 8 will be a breach of these Terms and may result in termination of your Account. You agree that Btiques will not be liable for any consequences, loss or damage (direct or indirect) arising from your failure to comply with any of the above.
Btiques reserves the right in its sole discretion to remove Content alleged to be infringing without prior notice or liability to you. In appropriate circumstances, Btiques may also terminate a User’s account for Content violations.
Btiques will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If you believe that your Content has been copied in a way that constitutes copyright infringement, please provide us with the following information: (i) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (ii) identification of the copyrighted work claimed to have been infringed; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (iv) your contact information, including your address, telephone number, and an email address; (v) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
Our designated copyright agent for notice of alleged copyright infringement appearing on the Services is:
Btiques, Inc.Attn: Copyright Agent [address] Email:
Btiques cares about the security of Member Accounts and information. However, Btiques does not guarantee, represent or warrant that Btiques will or can prevent unauthorized disclosure of your Account and information. By using the Services, you agree that you provide your personal information at your own risk.
The Terms will continue to apply until terminated by either you or Btiques.
You may end your legal agreement with Btiques at any time for any reason by deactivating your Account(s) and discontinuing your use of the Services. You do not need to specifically inform Btiques when you stop using the Services. If you stop using the Services without deactivating your Accounts, your Accounts may be deactivated by Btiques due to prolonged inactivity.
Btiques may suspend or terminate your accounts (or cease providing you with all or part of the Services) at any time for any reason, including, but not limited to, Btiques’ reasonable belief that: (i) you have violated these Terms or other policies published by Btiques on the Services, (ii) you create risk or possible legal exposure for Btiques; or (iii) the provision of the Services to you is no longer commercially viable.
In all such cases, the Terms will terminate your license to use the Services, except that the following sections will continue to apply: 4, 5, 7, 8, 10, 11, 12, and 13.
Nothing in this section will affect Btiques’ right to change, limit or stop providing the Services to you without prior notice, as provided above.
12. Disclaimers and Limitations of Liability
This section limits the liability of Btiques and its parents, subsidiaries, affiliates, related companies, officers, directors, employees, agents, representatives, partners, and licensors (collectively, the “Btiques Entities”). Please read it carefully. By using the Services, you expressly agree to be bound by this Section 12. Each subsection below applies to the maximum extent permitted under applicable law. Some jurisdictions do not allow the disclaimer of implied warranties or the limitation of liability in contracts, and as a result the contents of this section may not apply to you. Nothing in this section is intended to limit any rights you may have that may not be lawfully limited.
A. The Services are Available "AS-IS"
Btiques has no fiduciary or special relationship with you. Your access to and use of the Services and Content are at your own risk. You understand and agree that the Services are provided to you on an "AS IS" and "AS AVAILABLE" basis. Without limiting the foregoing, to the maximum extent permitted under applicable law, THE BTIQUES ENTITIES DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, SECURITY, ACCURACY AND ANY WARRANTIES IMPLIED BY PERFORMANCE OR USE. BTIQUES DOES NOT WARRANT, ENDORSE, GUARANTEE OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY OR MEMBER THROUGH THE SERVICES OR ANY HYPERLINKED WEBSITE OR SERVICE, AND BTIQUES WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND MEMBERS OR THIRD PARTY PROVIDERS OF PRODUCTS OR SERVICES.
The Btiques Entities make no warranty and disclaim all responsibility and liability for: (i) the completeness, accuracy, availability, timeliness, security or reliability of the Services and any Content; (ii) any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services or any Content; (iii) the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Services; (iv) whether the Services meet your requirements or are available on an uninterrupted, secure, or error-free basis; and (v) any third-party claims, consequence, loss or damage (direct or indirect) arising in any way out of or related to use of the Services or these Terms. No advice or information, whether oral or written, obtained from the Btiques Entities or through the Services, will create any warranty not expressly made in these Terms.
IT IS THE EXCLUSIVE RESPONSIBILITY OF EACH USER TO EVALUATE THE ACCURACY, COMPLETENESS, DEPENDABILITY, USEFULNESS, AND MARKETABILITY OF ANY CONTENT OR INFORMATION AVAILABLE THROUGH THE SERVICES OR OBTAINED FROM ANOTHER MEMBER OR LINKED SITE.
The Services may contain links to third-party websites or resources. You acknowledge and agree that the Btiques Entities are not responsible or liable for: (i) the availability or accuracy of such websites or resources; (ii) the content, products, or services on or available from such websites or resources; and (iii) any consequence, loss or damage (direct or indirect) arising from such websites or resources. Links to such websites or resources do not imply endorsement by the Btiques Entities of such websites, resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such third-party websites or resources.
C. Third-Party Providers and Partners
Btiques relies on third-party providers and partners for certain aspects of the Services. You acknowledge and agree that the Btiques Entities are not responsible or liable for: (i) the availability, functionality or accuracy of the aspects of the Services provided by such third-party providers and partners; (ii) any interruption, delay, suspension or termination of the Services as a result of such third-party providers and partners; and (iii) any consequence, loss or damage (direct or indirect) arising from such third-party providers and partners. Upon written request by a Member, Btiques will disclose to that Member (within a reasonable time) a list of the non-confidential third-party providers and partners that are implemented in the Services.
D. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE BTIQUES ENTITIES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF (OR INABILITY TO ACCESS OR USE) THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; OR (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.IN NO EVENT WILL THE AGGREGATE LIABILITY OF THE BTIQUES ENTITIES EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS (U.S. $100.00) OR THE AMOUNT YOU PAID BTIQUES, IF ANY, IN THE PAST SIX MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM. THE LIMITATIONS OF THIS SUBSECTION WILL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT THE BTIQUES ENTITIES HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH IN THIS AGREEMENT IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
By using the Services, you agree to indemnify and hold Btiques and its officers, directors, employees, agents, representatives, partners, and all other affiliates harmless for all claims and liabilities (actual and threatened), obligations, settlements, losses, expenses, debts and damages (including costs and attorneys’ fees) that arise from or relate to your use or access of the Services, including but not limited to any activity and Content associated with your Member Account (whether by you or a third party) unless a court of competent jurisdiction enters a final judgment that such claim, liability, obligation, settlement, loss, expense, debt or damage was the result of affirmative and intentional actions or omissions by Btiques. Btiques reserves the right to assume exclusive control of and direct the defense of any matter otherwise subject to indemnification by you. You agree to assist and cooperate with Btiques in such defense.
14. General Terms
A. Waiver and Severability
The failure of Btiques to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect. In such an instance, the parties agree that a court should give effect to the parties’ intentions as reflected in the provision.
B. Controlling Law and Jurisdiction
These Terms and any dispute related to the Terms will be governed by the laws of the State of Arkansas without regard to or application of its conflict of law provisions or your state or country of residence. All claims, legal proceedings or litigation arising in connection with the Services will be brought exclusively in the federal or state courts located in Washington County, Arkansas, United States, and you consent to the exclusive jurisdiction of and venue in such courts and waive any objection as to lack of jurisdiction and inconvenient forum.
If you are a federal, state, or local government entity in the United States using the Services in your official capacity and legally unable to accept the controlling law, jurisdiction or venue clauses above, then those clauses do not apply to you. For such U.S. federal government entities, these Terms and any action related thereto will be governed by the laws of the United States of America (without reference to conflict of laws) and, in the absence of federal law and to the extent permitted under federal law, the laws of the State of Arkansas (excluding choice of law).
C. Dispute Resolution
You agree that you will notify Btiques in writing of any dispute concerning the Services and give Btiques a reasonable period of time to address the dispute before filing any legal action. The notice should be addressed: Btiques Inc., [address], with a copy provided to Williams & Anderson PLC, 111 Center Street, 22nd Floor, Little Rock, Arkansas 72201. The parties agree that any dispute that cannot be resolved by the parties will first be mediated before a third party mediator in Washington County, Arkansas, before any other action is started.
Should any dispute arising from or relating to the subject matter of these Terms not be resolved by the parties or by mediation pursuant to the previous paragraph of this Section 14C, such dispute will be finally settled by arbitration in Washington County, Arkansas, in accordance with the rules then in effect of the American Arbitration Association or its successor. Judgment upon the award so rendered may be entered in a court having jurisdiction, or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. Any arbitration under this Agreement will take place on an individual basis: CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED. BY USING THE SERVICES, YOU ACKNOWLEDGE AND AGREE THAT YOU ARE WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. Notwithstanding the foregoing, each party will have the right to institute an action at any time in a court of proper jurisdiction for injunctive or equitable relief.
D. Consent to Electronic Communication
By using the Services, you agree to receive all communications related to your use of the Services in electronic forms, including, but not limited to, email communications sent to the email address associated with your Account and/or posted notices on the Services. By using the Services, you agree that all agreements, notices, disclosures and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing. All notices from Btiques will be deemed effective when sent to the email address associated with your Account or when posted publically on the Services.
E. Entire Agreement
If these Terms conflict with any other documents, the Terms will control for the purposes of using the Services.
Btiques may revise these Terms from time to time without notice to you. The most current version will always be at the following link: Btiques.com/tos. If the revision, in our sole discretion, is material we may notify you via an @Btiques update or an e-mail to the email address associated with your Account. By continuing to access or use the Services after those revisions become effective, you will have agreed to be bound by the revised Terms.
These Services are operated and provided by Btiques Inc., PO Box 4174 Fayetteville, Arkansas 72702. If you have any questions about these Terms, please contact us at firstname.lastname@example.org.
By registering for and/or using Services in any manner, including but not limited to visiting or browsing the Site, you agree to all of the terms and conditions contained in these Terms and all additional terms, conditions, rules, policies, and/or procedures that may be published by Btiques from time to time on the Services, each of which is incorporated by reference and may be updated by Btiques at any time without notice to you. These Terms apply to all users of the Services without exception.
Effective: April 22, 2013