brandtrace LLC’s website is located at http://www.brandtrace.co/ and includes any features, subpages, content, or other materials provided therein (the “Website”), and is owned and operated by brandtrace LLC, including its affiliates (collectively “brandtrace LLC”, “we”, “us,” or “our”).
Please take the time to thoroughly review these terms and conditions (“Terms”) before you engage with this Website in any way. BY PROCEEDING, YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE READ AND UNDERSTOOD THESE TERMS, AND YOU AGREE TO BE BOUND BY THESE TERMS.
By accessing or using the Website, including the services offered through the Website (“Services”), you confirm that you have read, understood, and agree to adhere to the Agreement. The Agreement will be as enforceable as if you had physically signed it. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THE AGREEMENT, DO NOT ACCESS OR ENGAGE IN THE SERVICES FROM THE WEBSITE.
These Terms, and any amendments or supplements to it, together with our Privacy Policy (collectively, the “Agreement”) form a legally binding agreement between you and brandtrace LLC, and governs your access to and use of the Website or any other website of brandtrace LLC, any order you place through the Website, and your use or attempted use of our services (collectively, “Use” “Your Use” or “Using”).
We reserve the right to update or modify these Terms at our discretion at any time. When we make changes, we will update the information on this page and note the date of the latest revision at the top. You can always find the current and effective version of these Terms by clicking on the “Terms and Conditions” link on the Website. By continuing to use the Website after any changes take effect, you are accepting the updated Terms. Please regularly check this page for any updates to stay informed. If you disagree with these or any future Terms, do not access, browse, or Use the Website.
Please be aware that section 16 (dispute resolution) of this agreement, below, contains provisions governing how to resolve disputes between you and brandtrace LLC, including, without limitation, any disputes that arose or were asserted prior to the effective date of this agreement. In particular, it contains an arbitration agreement which will, with limited exceptions, require disputes between you and us to be submitted to binding and final arbitration. Unless you opt out of the arbitration agreement: (1) you will only be permitted to pursue disputes or claims and seek relief against us on an individual basis, not as a plaintiff or class member in any class or representative action or proceeding; and (2) you are waiving your right to pursue disputes or claims and seek relief in a court of law and to have a jury trial.
Any dispute, claim or request for relief relating in any way to this agreement or your use of the website, platform or services will be governed and interpreted by and under the laws of the state of Oregon, subject to the federal arbitration act, without giving effect to any conflict of law principles that provide for the application of the law of any other jurisdiction. The United Nations convention on contracts for the international sale of goods is expressly excluded from this agreement.
USE OF THIS WEBSITE
You confirm that you are of legal age in your state or have obtained consent from a legal guardian for any minor dependents to use this site. You agree not to use anything on the Website, including the services, for unlawful or unauthorized purposes, and to comply with all applicable laws, including copyright laws, in your jurisdiction.
USER-GENERATED CONTENT
Subject to the limitations set forth herein, you may choose to provide brandtrace LLC with specific submissions (such as contest entries), or if you voluntarily submit creative ideas, suggestions, proposals, plans, or other materials, whether online, via email, postal mail, or otherwise (collectively, “Submissions”), you agree that we may use, edit, copy, publish, distribute, translate, and utilize these Submissions in any medium without restriction.We are not obligated to (1) keep any Submissions confidential, (2) compensate you for any Submissions, or (3) respond to any Submissions.While we reserve the right to monitor, edit, or remove content that we deem unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable, or that violates any party’s intellectual property or our Terms, we are not obliged to do so.You agree that your Submissions will not infringe upon any third-party rights, including copyright, trademark, privacy, personality, or other personal or proprietary rights. Additionally, your Submissions will not contain libelous, unlawful, abusive, or obscene material, nor will they contain any computer viruses or malware that could impact the Website’s operation. You may not use a false email address, impersonate others, or mislead us or third parties about the origin of any Submissions.You are solely responsible for the accuracy of your Submissions. We do not assume liability for any Submissions posted by you or any third party.USER CONDUCTYou must not Use the Website in a way that infringes the rights of brandtrace LLC or anyone else, or that restricts or inhibits anyone else’s enjoyment of the Website. You may not without our prior written consent:
(i) copy, reproduce, rent, lease, loan or sell content retrieved from the Website;
(ii) modify, distribute, or re-post any content on the Website for any purpose; or
(iii) use the content of the Website for any commercial exploitation whatsoever.
By Using the Website, you further agree:
(a) not to disrupt or interfere with the security of, or otherwise abuse, the Website, or any services, system resources, accounts, servers, or networks connected to or accessible through the Website or an affiliated or linked Website;
(b) not to disrupt or interfere with any other user’s enjoyment of the Website or affiliated or linked Website;
(c) not to upload, post, or otherwise transmit through or on the Website any viruses or other harmful, disruptive, or destructive files;
(d) not to use, frame, or utilize framing techniques to enclose any brandtrace LLC trademark, logo, or other proprietary information (including the images found on the Website, the content of any text, or the layout/design of any page or form contained on a Website’s page) without brandtrace LLC’s express written consent;
(e) not to reverse engineer, or create derivative works based on the Website or any content (including, without limitation, any software) available through the Website;
(f) not to use meta tags or any other “hidden text” utilizing a brandtrace LLC name, trademark, or goodwill without brandtrace LLC’s express written consent;
(g) not to deep link to the Website without brandtrace LLC’s express written consent;
(h) not to create or use a false identity on the Website, share your account information, or allow any person besides yourself to use your account to access the Website;
(i) not Use the Website to collect or store personal data about others;
(j) not to attempt to obtain unauthorized access to the Website or portions of the Website that are restricted from general access;
(k) not to post any material that is knowingly false or defamatory, inaccurate, abusive, vulgar, hateful, harassing, obscene, profane, sexually oriented, threatening, invasive of a person’s privacy, or is otherwise in violation of any law. You further agree not to post any copyrighted material unless the copyright is owned by you;
(l) to be bound by the Submission policies of brandtrace LLC, including that any Submission you may make to brandtrace LLC will not be held in confidence by brandtrace LLC and is not proprietary, that brandtrace LLC may use the Submission and any aspect thereof for any purposes in brandtrace LLC’s sole discretion; and
(m) to comply with all applicable laws regarding your use of the Website.
PROTECTION OF INTELLECTUAL PROPERTY RIGHTS AND LICENSE
You understand that the content accessible via the Website, including but not limited to text, graphics, software, music, sound, photographs, videos, and content provided by suppliers, sponsors, or third-party advertisers (“Intellectual Property Rights”) is safeguarded by copyright, trademarks, patents, and other proprietary laws. You are granted a limited, non-exclusive, non-transferable, revocable license to view, copy, and print content obtained from the Website solely for the purpose of using the Website or placing orders through it. This permission is contingent upon the condition that you do not remove or obscure any copyright notice, or other notices displayed on the content. Except as explicitly provided in this Agreement, neither this agreement nor the Website grants any other license or rights, whether expressly, implicitly, by estoppel, or otherwise, under any of brandtrace LLC’s, or any third party’s, Intellectual Property. All rights not expressly granted herein are reserved.
LINKS TO OTHER WEBSITE THAT BRANDTRACE LLC DOES NOT CONTROL
The Website may, in brandtrace LLC’s sole discretion, provide links to other websites or resources, including advertisers, over which brandtrace LLC has no control. These links are provided solely as a convenience to users and should not be construed as an endorsement by brandtrace LLC of content, items, or services on those third-party Website. Your access, view, and Use of such website links, including the content, items, or services on those Website, are solely at your own risk. brandtrace LLC makes no representations or warranties with respect to the content, ownership, or legality of any such linked website. You agree that brandtrace LLC has no responsibility or liability for the availability of such external website or resources, or for the content, advertising, Services, or other materials available through such website or resources.
ELECTRONIC COMMUNICATIONS, SIGNATURES, AND AGREEMENTS
The information communicated on the Website constitutes an electronic communication. When you communicate with brandtrace LLC through the Website or via other forms of electronic media, such as e-mail, you are communicating with brandtrace LLC electronically. You agree that brandtrace LLC may communicate electronically with you and that such communications, as well as notices, disclosures, agreements, and other communications that brandtrace LLC provides to you electronically, are equivalent to communications in writing and shall have the same force and effect as if they were in writing and signed by the party sending the communication (e.g., by brandtrace LLC or you).
You further acknowledge and agree that by clicking on the button labeled “CHECK OUT”, “SUBMIT”, “DOWNLOAD”, “I ACCEPT”, or such similar links as may be designated by brandtrace LLC, you are submitting a legally binding electronic signature and are entering into a legally binding contract. You acknowledge that your electronic submissions constitute your agreement and intent to be bound by this Agreement and any hyperlinks contained herein. Pursuant to any applicable statutes, regulations, rules, ordinances or other laws, including, without limitation, the United States Electronic Signatures in Global and National Commerce Act, P.L. 106-229 (the “E-Sign Act”) or other similar statutes, YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS AND OTHER RECORDS AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED THROUGH THE WEBSITE OR SERVICES OFFERED BY BRANDTRACE LLC. Furthermore, you hereby waive any rights or requirements under any statutes, regulations, rules, ordinances or other laws in any jurisdiction which require an original signature, delivery or retention of non-electronic records, or to payments or the granting of credits by other than electronic means.
COMMUNICATIONS WITH BRANDTRACE LLC
To the extent permissible by applicable law, you acknowledge that telephone calls to or from brandtrace LLC may be, in brandtrace LLC’s sole discretion, monitored and recorded and you agree to such monitoring and recording.
You verify that any contact information provided to brandtrace LLC, including, but not limited to, your mailing address, shipping address, e-mail address, and mobile phone number(s) is/are true and accurate. You further verify that you are the telephone subscriber and/or that you own any telephone numbers that you provide to brandtrace LLC. You acknowledge that by voluntarily providing your telephone numbers to brandtrace LLC, you expressly agree to be contacted at the telephone numbers you provide.
You consent to receive e-mails, pre-recorded voice messages and/or autodialed calls (including text messages) by or on behalf of brandtrace LLC relating to this Agreement, any purchase or transaction with brandtrace LLC, matters related to your account (including but not limited to debt collection), etc…. These communications may be made by or on behalf of brandtrace LLC, even if your phone number is registered on any state or federal Do Not Call list. You acknowledge that you may incur a charge for these calls by your telephone carrier and that brandtrace LLC will not be responsible for these charges.
brandtrace LLC may obtain, and you expressly agree to be contacted at, e-mail addresses, mailing or shipping addresses and phone numbers provided by you directly or obtained through other lawful means, such as skip tracing. You agree to provide brandtrace LLC notice within 30 days of any change to your contact information by emailing solutions@brandtrace.co. Your consent to this communications provision is not required to make any purchase with brandtrace LLC.
LIMITATION OF LIABILITY
EXCEPT WHERE OTHERWISE INAPPLICABLE OR PROHIBITED BY LAW, YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES WILL BRANDTRACE LLC, ITS OFFICERS, EMPLOYEES, DIRECTORS, SERVICES PROVIDERS, SUPPLIERS, AGENTS, OR OTHER REPRESENTATIVES (COLLECTIVELY, “BRANDTRACE LLC PARTIES”) BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES. THIS INCLUDES WITHOUT LIMITATION, ANY LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, COST OF PROCUREMENT OF SUBSTITUTE SERVICES, OR ANY OTHER INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES. THIS APPLIES REGARDLESS OF THE MANNER IN WHICH DAMAGES ARE CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR OTHERWISE RESULTING FROM (1) THE USE OF, OR THE INABILITY TO USE, THE WEBSITE; (2) THE USE OF, OR THE INABILITY TO USE, SERVICES PURCHASED ON THE WEBSITE; OR (3) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES OR ITEMS. IN NO EVENT WILL BRANDTRACE LLC’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID BRANDTRACE LLC IN THE LAST SIX (6) MONTHS, OR IF GREATER, ONE HUNDRED DOLLARS ($100).
BECAUSE SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU OR BE ENFORCEABLE WITH RESPECT TO YOU, AND IF YOU ARE A USER FROM SUCH JURISDICTIONS, THE FOREGOING SECTIONS TITLED “DISCLAIMER OF WARRANTIES” AND “LIMITATION OF LIABILITY” ARE INTENDED TO BE ONLY AS BROAD AS IS PERMITTED UNDER THE LAWS OF SUCH JURISDICTION. IF ANY PORTION OF THESE SECTIONS IS HELD TO BE INVALID UNDER THE LAWS OF SUCH JURISDICTION, THE INVALIDITY OF SUCH PORTION WILL NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THE APPLICABLE SECTIONS. IF YOU ARE DISSATISFIED WITH YOUR USE OF THIS WEBSITE OR WITH THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE THE USE OF THE WEBSITE.
INDEMNIFICATION
Except where otherwise inapplicable or prohibited by law, to the fullest extent permitted by law, you agree to indemnify and hold harmless brandtrace LLC Parties from and against any and all liability, losses, claims, demands, disputes, damages, and costs of any kind, including, without limitation, reasonable attorneys’ fees and costs of litigation arising out of or relating to Your Use or your breach of this Agreement.
TERMINATION OF WEBSITE
brandtrace LLC may, in its sole discretion, and at any time, terminate or suspend its operation of the Website or your Use of the Website, if brandtrace LLC reasonably believes that you have breached any of the terms and conditions of this Agreement. Following termination, you will not be permitted to Use the Website.
DISPUTE RESOLUTIONPlease read the following arbitration agreement in this Section 16 (“Arbitration Agreement”) carefully. Subject to your right to opt-out, as further described in this Arbitration Agreement, it requires you to arbitrate disputes with brandtrace LLC, includes a broad waiver of your right to participate in class actions and your constitutional right to a jury trial, and otherwise limits the manner in which you can seek relief from us.
Applicability of Arbitration Agreement
Subject to the terms of this Arbitration Agreement, you and we agree that any dispute, claim, or request for relief by or against brandtrace LLC arising out of or relating in any way to your access to or Use of the Website, any communications you receive, services provided by brandtrace LLC, or these Terms (each, a “Dispute”) will be resolved by binding arbitration, rather than in court, except that (1) you and brandtrace LLC may assert claims or seek relief in small claims court if such claims qualify and remain in small claims court; and (2) you or brandtrace LLC may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents).
Informal Dispute Resolution
There might be instances when a Dispute arises between you and brandtrace LLC . If that occurs, brandtrace LLC is committed to working with you to reach a reasonable resolution. You and brandtrace LLC agree that good faith informal efforts to resolve Disputes can result in a prompt, low‐cost and mutually beneficial outcome. You and brandtrace LLC therefore agree that before either party commences arbitration against the other (or initiates an action in small claims court if a party so elects), we will personally meet and confer telephonically or via videoconference, in a good faith effort to resolve informally any Dispute covered by this Arbitration Agreement (“Informal Dispute Resolution Conference”). If you are represented by counsel, your counsel may participate in the conference, but you will also participate in the conference.The party initiating a Dispute must give notice to the other party in writing of his or her intent to initiate an Informal Dispute Resolution Conference, which shall occur within 45 days after the other party receives such notice, unless an extension is mutually agreed upon by the parties. Notice to Company that you intend to initiate an Informal Dispute Resolution Conference should be sent by email to solutions@brandtrace.co. The notice must include: (1) your name, telephone number, mailing address, e‐mail address associated with your account (if you have one); (2) the name, telephone number, mailing address and e‐mail address of your counsel, if any; and (3) a description of your Dispute.The Informal Dispute Resolution Conference shall be individualized such that a separate conference must be held each time either party initiates a Dispute, even if the same law firm or group of law firms represents multiple users in similar cases, unless all parties agree; multiple individuals initiating a Dispute cannot participate in the same Informal Dispute Resolution Conference unless all parties agree. In the time between a party receiving notice and the Informal Dispute Resolution Conference, nothing in this Arbitration Agreement shall prohibit the parties from engaging in informal communications to resolve the initiating party’s Dispute. Engaging in the Informal Dispute Resolution Conference is a condition precedent and requirement that must be fulfilled before commencing arbitration. The statute of limitations and any filing fee deadlines shall be tolled while the parties engage in the Informal Dispute Resolution Conference process required by this section.
Arbitration Rules and Forum
These Terms evidence a transaction involving interstate commerce and notwithstanding any other provision herein with respect to the applicable substantive law, the Federal Arbitration Act, 9 U.S.C. §1 et seq. (“FAA”) will govern the interpretation and enforcement of this Arbitration Agreement and any arbitration proceedings. If the Informal Dispute Resolution Conference process above does not resolve satisfactorily within sixty (60) days after receipt of the notice, you and brandtrace LLC agree that either party shall seek to finally resolve the Dispute through binding arbitration. The arbitration will be conducted by JAMS, an established alternative dispute resolution provider.A party who desires to initiate arbitration must provide the other party with a request for arbitration (the “Request”). The Request must include: (1) the name, telephone number, mailing address, e‐mail address of the party seeking arbitration and the account username (if applicable) as well as the email address associated with any applicable account; (2) a statement of the legal claims being asserted and the factual bases of those claims; (3) a description of the remedy sought and an accurate, good‐faith calculation of the amount in controversy in United States Dollars; (4) a statement certifying completion of the Informal Dispute Resolution Conference as described above; and (5) evidence that the requesting party has paid any necessary filing fees in connection with such arbitration. If the party requesting arbitration is represented by counsel, the Request shall also include counsel’s name, telephone number, mailing address and email address. Such counsel must also sign the Request. By signing the Request, counsel certifies to the best of counsel’s knowledge, information, and belief, formed after an inquiry reasonable under the circumstances, that: (1) the Request is not being presented for any improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of dispute resolution; (2) the claims, defenses and other legal contentions are warranted by existing law or by a nonfrivolous argument for extending, modifying, or reversing existing law or for establishing new law; and (3) the factual and damages contentions have evidentiary support or, if specifically so identified, will likely have evidentiary support after a reasonable opportunity for further investigation or discovery.Disputes involving claims, counterclaims, or requests for relief under $250,000, not inclusive of attorneys’ fees and interest, shall be subject to JAMS’s most current version of the Streamlined Arbitration Rules and procedures available at https://www.jamsadr.com/rules-streamlined-arbitration/; all other Disputes shall be subject to JAMS’s most current version of the Comprehensive Arbitration Rules and Procedures, available at https://www.jamsadr.com/rules-comprehensive-arbitration/. Any arbitration of a Dispute relating to your access to or Use of the Website, or services provided by brandtrace LLC, primarily for personal, family or household purposes shall also be subject to the allocation of arbitration costs and other requirements of the JAMS’ policy regarding Consumer Arbitrations Pursuant to Pre-Dispute Clauses Minimum Standards of Procedural Fairness available at https://www.jamsadr.com/consumer-minimum-standards/. JAMS’s rules are also available at www.jamsadr.com or by calling JAMS at 800-352-5267. If JAMS is not available to arbitrate, the parties will select an alternative arbitral forum. Your responsibility to pay any JAMS fees and costs will be solely as set forth in the applicable JAMS Arbitration Rules.
Authority of Arbitrator
The arbitrator shall have exclusive authority to (a) determine the scope, enforceability, or applicability of the Arbitration Agreement, whether the Disputes are arbitrable, and the propriety of commencing the arbitration and (b) resolve any Dispute related to the interpretation, applicability, enforceability or formation of this Arbitration Agreement including, but not limited to, any assertion that all or any part of this Arbitration Agreement is void or voidable. The exceptions to the preceding sentence are: (1) all Disputes arising out of or relating to the Section entitled “Waiver of Class and Other Non-Individualized Relief,” including any claim that all or part of the class action waiver is unenforceable, illegal, void or voidable, or that such class action waiver has been breached, shall be decided by a court of competent jurisdiction and not by an arbitrator; (2) except as expressly contemplated in the subsection entitled “Batch Arbitration,” all Disputes arising out of or relating to the payment of arbitration fees shall be decided only by a court of competent jurisdiction and not by an arbitrator; and (3) all Disputes arising out of or relating to whether either party has satisfied any condition precedent to arbitration shall be decided only by a court of competent jurisdiction and not by an arbitrator. The arbitration will decide the rights and liabilities, if any, of you and brandtrace LLC. The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties, except as expressly provided in the subsection entitled “Batch Arbitration”. The arbitrator shall have the authority to grant motions dispositive of all or part of any Dispute. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, subject to the arbitral forum rules and the Arbitration Agreement, the arbitral forum’s rules, and the Agreement (including the Arbitration Agreement). The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The award of the arbitrator is final and binding upon you and us. Judgment on the arbitration award may be entered in any court having jurisdiction. The arbitrator’s awarding of damages must be consistent with the terms of the “Limitation of Liability” section of these Terms as to the types and the amounts of damages for which a party may be held liable.The prevailing party in arbitration may seek an award of reasonable attorneys’ fees and expenses, to the extent permitted under applicable law. The award shall be binding only among the parties and shall have no preclusive effect in any other arbitration or other proceeding involving a different party. The arbitrator may consider, but under no circumstances is the arbitrator bound by, decisions reached in separate arbitrations.
Waiver of Jury Trial.
YOU AND BRANDTRACE LLC HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY.
You and brandtrace LLC are instead electing that all Disputes shall be resolved by arbitration under this Arbitration Agreement, except as specified in the subsection entitled “Applicability of Arbitration Agreement” above. There is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.
Waiver of Class and Other Non-Individualized Relief. ALL DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS OR COLLECTIVE BASIS AND THE PARTIES HEREBY WAIVE ALL RIGHTS TO HAVE ANY DISPUTE BE BROUGHT, HEARD, ADMINISTERED, RESOLVED, OR ARBITRATED ON A CLASS, COLLECTIVE, OR MASS ACTION BASIS. ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND DISPUTES OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER.
Subject to this Arbitration Agreement, 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 the party’s individual claim. Nothing in this paragraph is intended to, nor shall it, affect the terms and conditions under the subsection entitled “Batch Arbitration.” Notwithstanding anything to the contrary in this Agreement, if a court decides by means of a final decision, not subject to any further appeal or recourse, that the limitations of this subsection, “Waiver of Class of Other Non-Individualized Relief,” are invalid or unenforceable as to a particular claim or request for relief (such as a request for public injunctive relief), you and brandtrace LLC agree that that particular claim or request for relief (and only that particular claim or request for relief) shall be severed from the arbitration and may litigated in the federal courts located in the State of Oregon. All other Disputes shall be arbitrated. This subsection does not prevent you or brandtrace LLC from participating in a class-wide settlement of claims.
Batch Arbitration. To increase the efficiency of administration and resolution of arbitrations, you and brandtrace LLC agree that in the event that there are one hundred (100) or more individual Requests of a substantially similar nature filed against brandtrace LLC by or with the assistance of the same law firm, group of law firms or organizations within a thirty (30) day period (or otherwise in close proximity), JAMS (1) will administer the arbitration demands in batches of 100 Requests per batch (plus, to the extent there are less than 100 Requests left over after the batching described above, a final batch consisting of the remaining Requests); (2) appoint one arbitrator for each batch; and (3) provide for the resolution of each batch as a single consolidated arbitration with one set of filing and administrative fees due per side per batch, one procedural calendar, one hearing (if any) in a place to be determined by the arbitrator, and one final award (“Batch Arbitration”).All parties agree that Requests are of a “substantially similar nature” if they arise out of the same event or factual scenario and raise the same or similar legal issues and seek the same or similar relief. To the extent the parties disagree on the application of the Batch Arbitration process, the disagreeing party shall advise JAMS, and JAMS shall appoint a sole standing arbitrator to determine the applicability of the Batch Arbitration process (“Administrative Arbitrator”). In an effort to expedite resolution of any such dispute by the Administrative Arbitrator, the parties agree the Administrative Arbitrator may set forth such procedures as are necessary to resolve any disputes promptly. The Administrative Arbitrator’s fees shall be paid by brandtrace LLC.You and brandtrace LLC agree to cooperate in good faith with JAMS to implement the Batch Arbitration approach including the payment of single filing and administrative fees for batches of Requests, as well as any steps to minimize the time and costs of arbitration, which may include: (1) the appointment of a discovery special master to assist the arbitrator in the resolution of discovery disputes; and (2) the adoption of an expedited calendar of the arbitration proceedings.This Batch Arbitration provision shall in no way be interpreted as authorizing a class, collective and/or mass arbitration or action of any kind, or arbitration involving joint or consolidated claims under any circumstances, except as expressly set forth in this provision.
30-Day Right to Opt Out. You have the right to opt out of the provisions of this Arbitration Agreement by sending email notice of your decision to opt out to: solutions@brandtrace.co, within thirty (30) days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address, the email address you used to contact brandtrace LLC account (if you have one), and an unequivocal statement that you want to opt out of this Arbitration Agreement. If you opt out of this Arbitration Agreement, all other parts of this Agreement will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may currently have, or may enter in the future, with us.
Severability. Except as provided in the subsection entitled “Waiver of Class or Other Non-Individualized Relief”, if any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect.
Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with brandtrace LLC.
PRIVACY
In addition to these Terms and Conditions, your engagement to our services through the Website is subject to the Website Privacy Policy, which is incorporated herein by reference.
EXCLUSIVE VENUE FOR OTHER CONTROVERSIES
Any controversy excluded from the Arbitration Agreement (other than an individual action filed in small claims court) shall be filed only in the state and federal courts located County of Multnomah, Oregon, and each party hereby irrevocably and unconditionally consents and submits to the exclusive jurisdiction of such courts for any such controversy.
REMEDIES FOR BRANDTRACE LLC
Notwithstanding the Arbitration Agreement, in order to avoid irreparable injury to brandtrace LLC, in the event of any breach or threatened breach by you of the provisions of this Agreement, we shall be entitled to seek an injunction and other equitable relief restraining such breach in any court of competent jurisdiction. Nothing in this Agreement shall be construed as prohibiting brandtrace LLC from pursuing any other remedies available to it for such breach or threatened breach, including the recovery of monetary damages from you.
TRADEMARK NOTICES
All brandtrace LLC’s trademarks and service marks displayed on the Website are the property of brandtrace LLC or their respective owners. You may not Use or display any trademarks or service marks owned by brandtrace LLC without brandtrace LLC’s prior written consent. You may not Use or display any other trademarks or service marks displayed on the Website without the permission of their owners.
COPYRIGHT
The content on the Websites is protected by copyright law. You are prohibited from reproducing or copying, in whole or in part, the Websites without our prior written consent. The content on the Websites is for informational purposes only. We do not represent or warrant that the content is complete or accurate.
NOTICE FOR CALIFORNIA USERS
Under California Civil Code Section 1789.3, users of the Website 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 (a) via email at dca@dca.ca.gov; (b) in writing at: Department of Consumer Affairs, Consumer Information Division, 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834; or (c) by telephone at (800) 952-5210 or (800) 326-2297 (TDD). Sacramento-area consumers may call (916) 445-1254 or (916) 928-1227 (TDD). You may contact us via email at solutions@brandtrace.co.
OTHER IMPORTANT TERMS
Brandtrace LLC may assign, transfer, or sub-contract any of our rights or obligations under these Terms to any third party at our discretion.
You acknowledge and understand that if brandtrace LLC is unable to provide the services as a result of an event outside of its control, brandtrace LLC will not be in breach of any of its obligations to you under this Agreement.
Any representations, warranties, and indemnification obligations made or undertaken by you will survive cancellation or termination of your account or relationship with brandtrace LLC. No delay by brandtrace LLC in exercising any right or remedy under these Terms shall operate as a waiver of that right or remedy or shall affect brandtrace LLC’s ability to subsequently exercise that right or remedy. These Terms (together with any terms incorporated by reference herein) constitute the entire agreement between you and brandtrace LLC relating to the subject matter herein. Any waiver must be agreed to by brandtrace LLC in writing. These Terms supersede any other terms previously published by us and any other representations or statements made by us to you, whether oral, written, or otherwise. With respect to any disputes or claims not subject to arbitration, as set forth above, you and brandtrace LLC agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within Los Angeles, California.
CONTACT US
You can contact us with any questions or concerns that you may have regarding this Agreement by emailing us solutions@brandtrace.co
These Terms and Conditions were last updated on 01/24/25
brandtrace is not a law firm, and cannot give legal advice or provide legal services. We partner with law firms who are experienced with handling and protecting aganist unauthorized resellers.