Terms of Service
Welcome to the Banago (together with its affiliates, "Banago") websites, which include, but are not limited to www.ilovebanago.com and future Banago app and all related services, content, functionality, and transactions offered by Banago on or through www.ilovebanago.com and the future Banago app (each, a "Site" and collectively, the "Sites"). These Terms of Service (these "Terms") govern your use of each of the Sites and our online stores accessible via the Sites. The Sites and our services are collectively called the "Services".
Please read and review these Terms carefully, because by accessing or using the Services, or by clicking to accept or agree to these Terms when this option is presented to you, you agree to be bound by these Terms. If you don't agree to these Terms, do not use the Services.
IMPORTANT: THESE TERMS CONTAIN A MANDATORY ARBITRATION PROVISION THAT, AS FURTHER SET FORTH IN THE SECTION ENTITLED "DISPUTE RESOLUTION AND ARBITRATION" BELOW REQUIRES YOU TO ARBITRATE CLAIMS YOU MAY HAVE AGAINST BANAGO ON AN INDIVIDUAL BASIS, MEANING YOU CANNOT BRING CLAIMS AGAINST BANAGO IN COURT, AND CONFIRMS YOUR AGREEMENT TO A CLASS ACTION WAIVER IN ARBITRATION. IT AFFECTS YOUR LEGAL RIGHTS. PLEASE READ IT CAREFULLY.
Changes to Terms or Services
We reserve the right to update or modify these Terms at any time at our sole discretion. If we do so, we'll let you know either by posting the modified Terms on the Sites or through other communications. It's important that you check these terms regularly because if you continue to use the Services after we have posted modified Terms on the Sites, you are indicating to us that you agree to be bound by the modified Terms. If you don't agree to be bound by the modified Terms, then you may not use the Services anymore. Because the Services are evolving over time, we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.
Who May Use the Services
Eligibility. You may use the Services only if are capable of forming a binding contract with us and are not barred from using the Services under applicable law.
Registration and Your Information and Account. If you want to use certain features of the Services, including purchasing products online, you’ll have to create an account ("Account") via the Sites and provide your name and email address. Creation of your Account on one of the Sites will enable you to use the features available on any and all of the Sites.
It’s important that you provide us with accurate, complete and up-to-date information for your Account, and you agree to update such information, as needed, to keep it accurate, complete and up-to-date. If you don’t, we may suspend or terminate your Account. You agree not to disclose your Account password to anyone and to notify us immediately of any unauthorized use of your Account. You are fully responsible for your failure to safeguard your Account information and/or any actions resulting from your permitting any other person to access your Account.
How the Services Work. We make available an online platform that allows you to purchase products, mainly bags and accessories ("Products"). Through the Services you will be able to browse our Products and place orders.
Order Confirmation. We will provide an email or other form of confirmation after receipt of your purchase order. Your receipt of an order confirmation merely confirms our receipt of your order and neither indicates our acceptance of your order nor confirms our offer to sell. We reserve the right to refuse or limit any order you place with us. We may also, in our sole discretion, limit or cancel quantities purchased per person, household or order. These restrictions may include orders placed by or under the same Account, Method of Payment (as defined below), email address, and/or using the same billing and/or shipping address. We also reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. In the event we make a change to or cancel an order, we will attempt to notify you by contacting the email address provided at the time the order was made. If we cancel all or any part of your order after your Method of Payment has been charged, we will refund the billed amount.
Shipment Confirmation and Delivery. All orders are subject to acceptance by us, and we will confirm such acceptance by sending you an email confirming the Products have been shipped. You may choose the method of shipment and timing of delivery for Products you order if more than one method is available, and you will be charged shipping and handling charges accordingly based on your choice. We are not responsible for deliveries that are delayed due to events that are beyond our control. However, we will work with you to ensure a smooth delivery.
Prices. The prices displayed for Products available for purchase via the Services represent the applicable retail prices, and do not include taxes, shipping or handling charges (to the extent applicable). Any applicable taxes, shipping or handling charges will be communicated to you before you place an order. The prices displayed on the Services are quoted in U.S. dollars. Products in your shopping cart reflect the current price displayed on the Product’s details page. Please note that this price may differ from the price displayed when the Product was first placed in your shopping cart.
Payment. By submitting an order through the Services, you agree to pay in advance the price of the Product(s) ordered, plus any applicable taxes, shipping and handling and/or other charges. Payment may be made by credit card or any other method of payment we may make available to you (each, a "Method of Payment"). In order to make a payment, you must provide us with valid credit card and/or other billing information and authorize us (or any third-party payment service provider engaged by us) to charge your Method of Payment for all orders placed and accepted via the Services.
Cancellation, Return and Exchange Policies. Cancellation, return and exchange policies are available to you via the Services. If a Product is not what you expected it to be, please review such policies to learn how and when you may return or exchange a Product purchased via the Services. You agree that any applicable shipping and/or handling charges may be non-refundable.
Product Information. Most Products displayed on the Services are available exclusively online through the Services. These Products may have limited quantities and, because of their limited availability, stock will not and cannot be refreshed. When a Product featured on the Services is no longer in stock, we use our best efforts to remove such Product from the Services in a timely manner. Should you have any questions concerning the availability of a particular Product, please contact our Customer Service at firstname.lastname@example.org.
Errors, Inaccuracies and Omissions. We make every effort to present the most recent, accurate, and reliable information on the Services at all times. However, occasionally there may be information on the Services that contains typographical errors, inaccuracies, or omissions that may relate to Product descriptions, pricing, promotions, offers, and availability. We reserve the right to amend errors or to update Product information at any time without prior notice. In the event a Product is listed at an incorrect price due to photographical error, typographical error or any other error in pricing information, we reserve the right to refuse or cancel any orders placed for any Product listed at the incorrect price. We reserve the right to refuse or cancel any such orders whether or not the order has been confirmed and your Method of Payment charged. If your Method of Payment has already been charged for the purchase and your order is cancelled, we will issue a credit to your Method of Payment in the amount of the incorrect price.
Colors & Style. We have made every effort to display as accurately as possible the attributes, including colors and styles, of Products that appear on the Services. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor's display of any color will accurately reflect actual Product color or finish.
Cancellation of Orders. We reserve the right to cancel, modify or suspend any order placed if we determine in our sole discretion that a user has violated these Terms, including by engaging in any fraudulent or misleading activity (for example, by using false names, multiple identities, multiple email accounts or email addresses, impersonating another person or otherwise providing false or misleading information), or if we believe, in our sole discretion, that a user’s conduct violates applicable law or is harmful to our interests.
Alerts and Notifications
As part of the Services, you may receive notifications, alerts, emails, or other types of messages regarding the Services (for example, order confirmations, shipment confirmations and/or delivery information). We may also periodically send you emails that directly promote the Services and Products (for example, new Product offerings or features we provide, recommendations, special discounts or promotions). When you receive such promotional emails from us you will have the opportunity to "opt-out" by following the unsubscribe instructions provided in the email you receive.
We welcome feedback, comments and suggestions for improvements to the Services ("Feedback"). You can submit Feedback by email at email@example.com. You grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sublicensable and transferable license under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose.
Content and Content Rights
For purposes of these Terms: (i) "Content" means text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the Services; and (ii) "User Content" means any Content that Account holders or other users of the Services (including you) provide to be made available through the Services or transmit to us through the Services (including by email). References to the "Content" include User Content, unless otherwise indicated.
Content Ownership, Responsibility and Removal
Banago does not claim any ownership rights in any User Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit your User Content. Excluding User Content, Banago and/or its licensors exclusively own all right, title and interest in and to the Services and Content, including all associated intellectual property rights. You acknowledge and agree that the Services and Content are protected by copyright, trademark, and other laws of the United States and foreign countries. Banago, and all related names, logos, product and service names, designs and slogans are trademarks of Banago and/or its licensors. You must not use such marks without the prior written permission of Banago. All other names, logos, product and service names, designs and/or slogans on the Sites are the trademarks of their respective owners. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services or Content.
Rights in User Content Granted by You. By making any User Content available through the Services or otherwise sharing such User Content with Banago, you hereby grant to Bango a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, transferable and sublicenseable license to use, copy, edit, translate, distribute, modify, create derivative works based upon, publicly display, publicly perform and distribute you User Content, in any media or medium, or any form, format, or forum now known or hereafter developed. Banago may sublicense its rights through multiple tiers of sublicenses. You retain all other rights with respect to your User Content.
You are solely responsible for all your User Content. You represent and warrant that you own all your User Content or you have all rights that are necessary to grant us the license rights in your User Content under these Terms. You also represent and warrant that neither your User Content, nor your use and provision of your User Content to be made available through the Services, nor any use of your User Content by us on or through the Services will infringe, misappropriate or violate a third party’s intellectual property rights or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
By using the Services, you agree not to submit to or share any User Content that:
- is false, fraudulent, inaccurate, or misleading;
- violates any local, state, federal, or international laws or is otherwise tortious;
- is protected by or would infringe on the rights of others (including Banago), including any patent, copyright, trademark, trade secret, right of publicity or privacy, or any other proprietary right, without the express prior written consent of the applicable owner;
- is obscene, indecent, pornographic, or otherwise objectionable;
- is derogatory, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by Banago in its sole discretion;
- victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability;
- is violent or threatening, or promotes violence against, or actions that are threatening to, any individual or group;
- contains advertisements, solicitations, or spam links to other web sites or individuals, without prior written permission from Banago;
- contains or relates to chain letters or pyramid schemes;
- impersonates another business, person, or entity, including Banago, its related entities, employees, and agents;
- violates any policy posted on the Sites; or
- is intended to cause harm, damage, disable, or otherwise interfere with the Sites or our partners.
Any and all User Content that you make available through the Services shall be deemed non-confidential and non-proprietary.
Although we cannot monitor all User Content shared or submitted through the Services, you understand that we shall have the right, but not the obligation, to monitor any User Content shared or submitted through the Services to determine compliance with these Terms and any other operating rules that may be established by Banago from time to time. Banago shall have the right, in its sole discretion, to edit, move, delete, or refuse to post any User Content shared or submitted through the Services for any reason, including violation of these Terms, whether for legal or other reasons, or because the material is objectionable or stale. Notwithstanding this right of ours, users shall remain solely responsible for their User Content. You acknowledge and agree that neither Banago nor any of its affiliates shall assume or have any liability for any action or inaction by Banago with respect to any User Content shared or submitted through the Services.
Without limiting the foregoing, we have the right and obligation to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Services. YOU WAIVE AND RELEASE BANAGO, ITS AFFILIATES, LICENSEES, SUCCESSORS AND ASSIGNS FROM ANY CLAIMS YOU MIGHT BRING RESULTING FROM ANY SUCH PARTY’S COOPERATION WITH SUCH AN INVESTIGATION AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF SUCH AN INVESTIGATION.
Rights in Content Granted by Banago. Subject to your compliance with these Terms, Banago permits you to view and print the Content solely in connection with your permitted use of the Services and solely for your personal and non-commercial purposes. You may not otherwise reproduce any of the Content found on the Sites without the prior written consent of Banago or other applicable owner. No license, right, title, or interest in the Sites or any Content is transferred to you as a result of your use of the Sites or Services or your accessing, viewing, downloading, or printing of the Content.
Notice and Takedown Procedures
If you believe any User Content accessible on or from the Services infringes your copyright, you may request removal of those materials (or access thereto) from the Services, pursuant to the Digital Millennium Copyright Act, 17 U.S.C. § 512(c)(3), by contacting the Banago Designated Agent (address identified below) and providing the following information:
- Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.
- Identification of the User Content that you believe to be infringing and its location. Please describe the User Content, and provide us with its URL or any other pertinent information that will allow us to locate the User Content.
- Your name, address, telephone number, and email address.
- A statement that you have a good faith belief that the complained of use of the work is not authorized by the copyright owner, its agent, or the law.
- A statement that the information you have supplied is accurate, and indicating that "under penalty of perjury," you are the copyright owner or authorized representative.
- A signature or the electronic equivalent from the copyright holder or authorized representative.
You must submit your written notice containing the above information to our Designated Agent who can be reached by firstname.lastname@example.org__.
We may give notice to our users by means of a general notice on any of our Sites, electronic mail to a user’s email address in our records, or written communication sent by first class mail to a user’s physical address in our records. If you receive such a notice, you may provide counter-notification in writing to the Designated Agent that includes the information below. To be effective, the counter-notification must be a written communication that includes the following:
- Your physical or electronic signature;
- Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
- A statement from you, under penalty of perjury, that you have a good-faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
- Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a federal district court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which we may be found, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.
In an effort to protect the rights of copyright owners, Banago maintains a policy for the termination, in appropriate circumstances, of users of the Services who are repeat infringers.
The Services may be used only for lawful purposes and in accordance with these Terms. You agree you will not use the Services to engage in or encourage conduct that, in our sole discretion and judgment, would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the United States or other countries); communicate, transmit, redistribute or upload content or material (including User Content) that infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; is incomplete, false, inaccurate or not your own; contains any unsolicited advertising, promotional materials, or other forms of solicitation to other users, individuals or entities; includes any addresses, email addresses, phone numbers or any contact information; contains corrupted files, viruses, malware or any harmful software; is libelous, defamatory or otherwise unlawful, threatening, harassing, abusive, vulgar, obscene, offensive, sexually explicit, hateful, profane, indecent, racially or ethnically derogatory, or otherwise objectionable; promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; or is violent or promotes violence or actions that are threatening to any person or entity; impersonate any person, business or entity, including us (our brands, lines of business, subsidiaries, and affiliated companies) and our employees and agents; or engage in or encourage any conduct that restricts, impairs or inhibits any other user from using or enjoying the Services.
Violations of system or network security may result in civil or criminal liability. Banago may investigate occurrences and may involve, and cooperate with, law enforcement authorities in prosecuting any user or users who are involved in such violations. You are prohibited from violating or attempting to violate the security of the Services and you agree not to do any of the following: use, display, mirror or frame the Services or any individual element within the Services, Banago’s name, any Banago trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Banago’s express written consent; access, tamper with, or use non-public areas of the Services, Banago’s computer systems, or the technical delivery systems of Banago’s providers; avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Banago or any of Banago’s providers or any other third party (including another user) to protect the Services or Content; attempt to access or search the Services or Content or download Content from the Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools and the like) other than the software and/or search agents provided by Banago or other generally available third-party web browsers; access data not intended for you or log on to a Banago server or account you are not authorized to access; attempt (or succeed in an attempt) to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; attempt (or succeed in an attempt) to interfere in any way with, gain unauthorized access to, damage or disrupt any part of the Services, or any Site's or Banago’s networks or network security, or use any Site's service to gain unauthorized access to any other computer system; use the Services or Content, or any portion thereof, for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms; forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services or Content to send altered, deceptive or false source-identifying information; or attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services or Content.
Links to Third-Party Websites or Resources
The Services may contain links to third-party websites or resources. We provide these links only as a convenience and are not responsible for the content, products or services on or available from those websites or resources or links displayed on such websites. If you use the links, you will leave the Services and your activities may be governed by other terms and conditions and privacy practices. You acknowledge sole responsibility for, and assume all risk arising from, your use of any third-party websites or resources.
Accessing the Services and Account Security
We reserve the right, at any time in our sole discretion and without notice to you, to modify, suspend or discontinue the Services and Content. We may also impose rules for and limits on use of the Services or restrict your access to part or all of the Services without notice or penalty. You agree that, to the fullest extent allowed by applicable law, we will not be liable to you or to any third party for any modification, suspension or discontinuance of any Services or Content.
YOUR USE OF THE SERVICES AND CONTENT AND YOUR PURCHASE OF PRODUCTS ARE AT YOUR SOLE RISK. THE SERVICES, CONTENT AND PRODUCTS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, BANAGO EXPLICITLY DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, WITH REGARD TO THE SERVICES, CONTENT AND PRODUCTS, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. WE MAKE NO WARRANTY THAT THE SERVICES OR PRODUCTS WILL MEET YOUR REQUIREMENTS OR THAT THE SERVICES WILL BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. BANAGO MAKES NO WARRANTY REGARDING THE QUALITY, ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT, INCLUDING BUT NOT LIMITED TO THE AVAILABILITY AND/OR PRICING OF PRODUCTS SOLD VIA THE SERVICES. NO ADVICE, RESULTS OR INFORMATION, OR MATERIALS WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. IF YOU ARE DISSATISFIED WITH THE SERVICES, YOUR SOLE REMEDY IS TO DISCONTINUE USING SUCH SERVICES.
SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
To the fullest extent permitted by applicable law, you agree to indemnify, defend, and hold harmless Banago, its parent, affiliates, licensees, successors and assigns, and any of their respective directors, officers, employees, and agents from and against all claims, liabilities, damages, expenses and costs (including reasonable attorneys' fees) arising out of, related to, or in connection with your violation of these Terms.
Limitation of Liability
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, BANAGO, ITS PARENT, AFFILIATES, LICENSEES, SUCCESSORS AND ASSIGNS, OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES OR CONTENT ("THE RELEASED PARTIES") SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, PERSONAL INJURY/WRONGFUL DEATH, LOST PROFITS, LOSS OF REVENUE OR ANTICIPATED PROFITS, LOST BUSINESS, DATA OR SALES OR ANY OTHER TYPE OF DAMAGE, TANGIBLE OR INTANGIBLE IN NATURE, OR SERVICE INTERRUPTION OR THE COST OF SUBSTITUTE SERVICES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, PRODUCTS OR THE USE OF OR INABILITY TO USE THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT OR TORT OR ANY OTHER LEGAL THEORY, WHETHER OR NOT BANAGO OR SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, BANAGO’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE SERVICES OR SITE CONTENT SHALL NOT EXCEED THE AMOUNTS YOU HAVE PAID TO BANAGO IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, IF ANY, OR ONE HUNDRED DOLLARS ($100), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO BANAGO, AS APPLICABLE.
YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, THE RELEASED PARTIES WILL NOT BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD-PARTY USER OF THE SITES OR SERVICES.
THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN BANAGO AND YOU.
We control and operate the Services from the United States, and all information is processed within the United States. We do not represent that Content on the Services is appropriate or available for use in other locations. You agree to comply with all applicable laws, rules and regulations in connection with your use of the Services.
Software, if any, that may be downloaded from the Services is subject to export controls under the laws and regulations of the United States. By visiting and using any of the Services, you acknowledge that you are not a national of, or resident within any of the countries that are subject to trade embargo under these laws and regulations or listed on any of the United States government's lists of prohibited and restricted parties.
These Terms and any action related thereto will be governed by the laws of the State of New York without regard to its conflict of laws provisions.
Dispute Resolution and Arbitration
PLEASE READ THIS SECTION CAREFULLY. IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
Informal Dispute Resolution. We want to address your concerns without the need to initiate a formal legal case. In the event of a dispute, claim or controversy arising out of or relating to these Terms or any aspect of the relationship between you and Banago, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory (collectively, a "Dispute"), you and Banago agree to try to resolve such Dispute informally by first sending a notice to the other clearly marked "Notice of Dispute" and containing a brief written statement setting forth the name, address, and contact information of the party giving it, the facts giving rise to the Dispute and the relief requested. You must send any such notice to Banago at email@example.com. We will contact you via email at the address specified in any such notice or the address we have on file for your Account. You and Banago agree to use reasonable, good faith efforts to settle any Dispute through consultation and good faith negotiations within thirty (30) days of submission of such notice. If a Dispute is not resolved within thirty (30) days of such submission, you or Banago may resort to the other alternatives described in this section.
ARBITRATION. IN THE EVENT THAT ANY DISPUTE IS UNRESOLVED THROUGH INFORMAL DISCUSSIONS WITHIN THIRTY (30) DAYS AS DESCRIBED IN THE "INFORMAL DISPUTE RESOLUTION" SECTION ABOVE, AND EXCEPT FOR DISPUTES THAT QUALIFY FOR SMALL CLAIMS COURT, YOU AND BANAGO AGREE TO RESOLVE SUCH DISPUTE THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY, AND YOU AGREE THAT BANAGO AND YOU ARE EACH WAIVING THE RIGHT TO SUE IN COURT AND TO HAVE A TRIAL BY JURY. YOU AGREE THAT ANY ARBITRATION WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED AND YOU ARE AGREEING TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION. OTHER RIGHTS THAT YOU AND WE WOULD HAVE IN COURT WILL NOT BE AVAILABLE OR WILL BE MORE LIMITED IN ARBITRATION, INCLUDING DISCOVERY AND APPEAL RIGHTS. The arbitration will be administered by Judicial Arbitration Mediation Services, Inc. ("JAMS") pursuant to the JAMS Streamlined Arbitration Rules & Procedures effective July 1, 2014 (the "JAMS Rules") and as modified by this agreement to arbitrate. The JAMS Rules, including instructions for bringing arbitration, are available on the JAMS website at http://www.jamsadr.com/rules-streamlined-arbitration. The Minimum Standards are available at http://www.jamsadr.com/consumer-arbitration/.
The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by you or by us that an in-person hearing is appropriate. Any in-person appearances will be held at a location which is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, such determination should be made by JAMS or by the arbitrator. The arbitrator’s decision will follow the terms of these Terms of Service and will be final and binding. The arbitrator will have authority to award temporary, interim, or permanent injunctive relief or relief providing for specific performance of these Terms of Service, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof. Notwithstanding any of the foregoing, nothing in these Terms of Service will preclude you from bringing issues to the attention of federal, state, or local agencies and, if the law allows, they can seek relief against us for you.
Exceptions to Agreement to Arbitrate – Injunctive Relief. Notwithstanding the foregoing, either you or Banago may assert claims, if they qualify, in small claims court in New York or any United States county where you live or work. Either party may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Services or Content or actual or threatened intellectual property infringement (for example, trademark, trade secret, copyright or patent rights) without first engaging in arbitration or the informal dispute resolution process described above.
Judicial Forum for Disputes If Class Waiver Invalidated. If any court or arbitrator determines that the class action waiver set forth in this section is void or unenforceable for any reason, then the Dispute will not be subject to arbitration and, other than small claims actions, must be brought in the appropriate federal or state court in New York, New York. Claims brought in state court may be removed to federal court if removal jurisdiction exists. Both you and Banago consent to venue and personal jurisdiction in New York, New York. We both agree to waive our right to a jury trial.
Any claim or cause of action you may have with respect to Banago, these Terms, the Content, the Services or any Products must be commenced within one (1) year after the claim or cause of action arose.
Notice for California Users
Under California Civil Code Section 1789.3, California users of the Services 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 400 R Street, Suite 1080, Sacramento, California, 95814, or by telephone at (916) 445-1254 or (800) 952-5210.
These Terms constitute the entire agreement between you and Banago, govern your use of the Services, and supersede any prior agreements between you and Banago. You may also be subject to additional terms and conditions that are applicable to certain parts of the Services. You may not assign or transfer these Terms, by operation of law or otherwise, without Banago’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. Banago may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns. The section titles in these Terms are for convenience only and have no legal or contractual effect.
You agree that no joint venture, partnership, employment, or agency relationship exists between Banago and you as a result of these Terms or your use of the Services.
The failure of Banago to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. The invalidity of any term, condition or provision in these Terms shall not affect the enforceability of those portions of these Terms deemed enforceable by applicable courts of law.