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If you are a resident of the United States (including its possessions and territories), you agree to the Arbitration Agreement and class action waiver described in Section 15 to resolve any disputes with Bulc Club (except for matters that may be taken to small claims court).
- Your Bulc Club membership will continue unless and until you cancel your membership or we terminate it. You must have Internet access to use the Bulc Club service. Your membership term ("Term") is monthly and continues until cancellation.
- Bulc Club Service
- The Bulc Club service is for your personal and non-commercial use only. During your Bulc Club membership, we grant you a limited, non-exclusive, non-transferable, license to access the Bulc Club service for that purpose. Except for the foregoing limited license, no right, title or interest shall be transferred to you.
- You may us the Bulc Club service only in geographic locations where we offer our service. Access will vary by geographic location. Bulc Club will use technologies to verify your geographic location. Availability and access through specific geographic locations may change from time to time at our discretion.
- We continually update the Bulc Club service, including the available features. In addition, we continually test various aspects of our service, including our website, user interfaces, service levels, plans, promotional features, availability, and pricing. We reserve the right to, and by using our service you agree that we may, include you in or exclude you from these tests without notice. We reserve the right in our sole and absolute discretion to make changes from time to time and without notice in how we offer and operate our service.
- The availability of the Bulc Club service will change from time to time, and from country to country. The quality of the service may vary from computer to computer, and device to device, and may be affected by a variety of factors, such as your location, the bandwidth available through and/or speed of your Internet connection. You are responsible for all Internet access charges. Please check with your Internet provider for information on possible Internet data usage charges. Bulc Club makes no representations or warranties about the quality of service on your display. The time it takes to administrate the service will vary based on a number of factors, including your location, available bandwidth at the time, the plan you have selected and the configuration of your internet-ready computer or device.
- Passwords & Account Access
- The member who created the Bulc Club account is referred to here as the Account Owner. The Account Owner has access and control over the Bulc Club account. The Account Owner's control is exercised through use of the Account Owner's password and therefore to maintain exclusive control, the Account Owner should not reveal the password to anyone. You are responsible for updating and maintaining the truth and accuracy of the information you provide to us relating to your account.
- In order to provide you with ease of access to your account and to help administer the Bulc Club service, Bulc Club implements technology that enables us to recognize you as the Account Owner and provide you with direct access to your account without requiring you to retype any password or other user identification when you revisit the Bulc Club service.
- You should be mindful of any communication requesting that you submit credit card or other account information. Providing your information in response to these types of communications can result in identity theft. Always access your sensitive account information by going directly to the Bulc Club website and not through a hyperlink in an email or any other electronic communication, even if it looks official. Bulc Club reserves the right to place any account on hold anytime with or without notification to the member in order to protect itself and its partners from what it believes to be fraudulent activity. As Bulc Club is free, there will be no credits, payments, or reimbursements on membership for holds placed on the account by either a representative of Bulc Club or by the automated processes of Bulc Club.
- Disclaimers of Warranties and Limitations on Liability
- THE BULC CLUB SERVICE AND ALL CONTENT AND SOFTWARE ASSOCIATED THEREWITH, OR ANY OTHER FEATURES OR FUNCTIONALITIES ASSOCIATED WITH THE BULC CLUB SERVICE, ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. BULC CLUB DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE BULC CLUB SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. BULC CLUB SPECIFICALLY DISCLAIMS LIABILITY FOR THE USE OF APPLICATIONS, DEVICES, AND SOFTWARE (INCLUDING THEIR CONTINUING COMPATIBILITY WITH OUR SERVICE). For example, email may not be forwarded immediately, or at all, in the case that it is improperly formatted/encoded, contains vulnerabilities or viruses, exceeds size limitations, includes prohibited attachments/code, or experiences other unforeseen circumstances. Bulc Club cannot be held liable to those seeking immediate and reliable mail forwarding and recommends users seek alternate services that can accommodate this need.
- TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, IN NO EVENT SHALL BULC CLUB, OR ITS SUBSIDIARIES OR ANY OF THEIR SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES OR LICENSORS BE LIABLE (JOINTLY OR SEVERALLY) TO YOU FOR PERSONAL INJURY OR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER.
- SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.
- Intellectual Property
- Copyright. The Bulc Club service, including all content provided on the Bulc Club service, is protected by United States and international copyright, trade secret or other intellectual property laws and treaties.
- Trademarks. Bulc Club is a registered trademark of ERA404 Creative Group, Inc.
- Claims of Copyright Infringement. If you believe your work has been reproduced or distributed in a way that constitutes copyright infringement or are aware of any infringing material available through the Bulc Club service, please notify us by completing the Contact Us form (bulc.club/contact/).
- Governing Law
- You may also be entitled to certain consumer protection rights under the laws of your local jurisdiction.
- Applications. You may encounter third-party applications (including, without limitation, websites, widgets, software, or other software utilities) ("Application(s)") that interact with the Bulc Club service. These Applications may import data related to your Bulc Club account and activity and otherwise gather data from you. These Applications are provided solely as a convenience to you, and Bulc Club is not responsible for such Applications. SUCH APPLICATIONS ARE OWNED OR OPERATED BY THIRD PARTIES THAT ARE NOT RELATED TO WITH OR SPONSORED BY BULC CLUB AND MAY NOT BE AUTHORIZED FOR USE WITH OUR SERVICE IN ALL COUNTRIES. USE OF AN APPLICATION IS AT YOUR OWN OPTION AND RISK.
- Use of Information Submitted. Bulc Club is free to use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication you may send to us ("Feedback"), including responses to questionnaires or through postings to the Bulc Club service, including the Bulc Club website and user interfaces, without further compensation, acknowledgement or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving the Bulc Club service. In addition, you agree not to enforce any "moral rights" in and to the Feedback, to the extent permitted by applicable law. Should you send any unsolicited feature or product ideas, you do so with the understanding that no additional consideration of any sort will be provided to you, and you are waiving any claim against Bulc Club and its affiliates regarding the use of such ideas, even if an idea is used that is substantially similar to the idea you sent.
- Arbitration Agreement
- If you elect to seek arbitration or file a small claim court action, you must first send to Bulc Club, by certified mail, a written Notice of your claim ("Notice"). The Notice to Bulc Club must be addressed to: General Counsel, ERA404 Creative Group, Inc., PO Box 470404, Brooklyn, NY 11247 ("Notice Address"). If Bulc Club initiates arbitration, it will send a written Notice to the email address used for your membership account. A Notice, whether sent by you or by Bulc Club, must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought ("Demand"). If Bulc Club and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or Bulc Club may commence an arbitration proceeding or file a claim in small claims court.
- You may download or copy a form Notice and a form to initiate arbitration at www.adr.org. If you are required to pay a filing fee, after Bulc Club receives notice at the Notice Address that you have commenced arbitration, Bulc Club will promptly reimburse you for your payment of the filing fee, unless your claim is for greater than US$5,000, in which event you will be responsible for filing fees.
- The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by this Agreement, and will be administered by the AAA. The AAA Rules and Forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by writing to the Notice Address. The arbitrator is bound by the terms of this Agreement. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of this arbitration agreement. Unless Bulc Club and you agree otherwise, any arbitration hearings will take place in the county (or parish) of your residence.
- If your claim is for US$5,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds US$5,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. If the arbitrator issues you an award that is greater than the value of Bulc Club's last written settlement offer made before an arbitrator was selected (or if Bulc Club did not make a settlement offer before an arbitrator was selected), then Bulc Club will pay you the amount of the award or US$1,000, whichever is greater. Except as expressly set forth herein, the payment of all filing, administration and arbitrator fees will be governed by the AAA Rules.
- YOU AND BULC CLUB AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Bulc Club agree otherwise, the arbitrator may not consolidate more than one person's claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim.