Last Updated: 05/18/20
You Accept These Terms. Each time you visit our App or access or use the Services, you agree to be bound by these Terms and any additional terms that will apply to you, prospectively.
Binding Arbitration of Disputes; Class Action Waiver. EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THESE TERMS, DISPUTES WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION, AND IN ALL CASES YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. See Section 11 for more information, or Section 12 if you are a consumer residing in the European Economic Area.
Disclaimer of Warranties. We disclaim warranties and provide the Services "As Is."
Limitation of Liability. Our liability is limited.
Contact. Questions about our Terms may be sent to firstname.lastname@example.org or as otherwise set forth in the Contact Us Section of these Terms.
In the event of any conflict or inconsistency between the terms and conditions of these Terms and any other terms or conditions applicable to the Services, we shall determine which rules, restrictions, limitations, terms or conditions shall control and prevail in our sole discretion, and you specifically waive any right to challenge or dispute such determination.
Due to the nature of the Internet, Best Apps cannot guarantee the continuous and uninterrupted availability and accessibility of the App. Best Apps may restrict the availability of the App or certain areas or features thereof, if this is deemed necessary in our discretion or in view of capacity limits, the security or integrity of our servers or other infrastructure, or to carry out maintenance measures that ensure the proper or improved functioning of the App. Best Apps may improve, enhance and modify the App and eliminate Services or introduce new Services from time to time without notice. Your only right with respect to any dissatisfaction with any modifications made pursuant to this provision, or any policies or practices of Best Apps in providing its Services, is to stop using our Services.
Binding Terms. Binding Terms. Your use of the Services is subject to these Terms; each time that you access or use the Services, you signify that you have read, understand, and agree to be bound by these Terms. If you do not agree to any provisions of these Terms, you must discontinue using the Services.
Eligibility. To use our Services, you must be at least 18 years old or the age of majority in the state in which you reside.
Updates to Terms. Best Apps reserves the right to update or otherwise change these Terms at any time by posting the most current version of the Terms on the App with a new "Last Updated" date shown. All changes are effective from that Last Updated date and your continued use of the Services after that date signifies your agreement to any such changes.
- HOW TO USE OUR SERVICES/CONTACT INFORMATION
Consent to Electronic Communications When you provide us with contact information in connection with using our Services, such as an email address or telephone number, you agree that this action constitutes a purchase or inquiry establishing a business relationship with us, up to the extent permitted under applicable law. WE MAY CONTACT YOU USING CONTACT INFORMATION OBTAINED DIRECTLY FROM YOU OR WHICH IS PROVIDED TO US. YOU REPRESENT THAT YOU HAVE THE LEGAL AUTHORITY OVER ANY CONTACT INFORMATION PROVIDED TO US AND YOU AUTHORIZE US TO CONTACT YOU. THIS MEANS YOU MAY BE CONTACTED IN PERSON OR BY RECORDED MESSAGE, BY E-MAIL, TELEPHONE, OR MOBILE TELEPHONE NUMBER (INCLUDING USE OF AUTOMATED DIALING EQUIPMENT), TEXT (SMS) MESSAGE, IM MESSAGING, OR ANY OTHER MEANS OF COMMUNICATION THAT YOUR WIRELESS OR OTHER TELECOMMUNICATIONS DEVICE MAY BE CAPABLE OF RECEIVING), IN ACCORDANCE WITH APPLICABLE LAW AND YOUR COMMUNICATION PREFERENCES. WE ALSO MAY USE YOUR CONTACT DETAILS FOR MARKETING PURPOSES TO THE EXTENT PERMITTED BY APPLICABLE LAW. Please keep your contact information up to date as you are solely responsible for any contact information you provide to us.
- ORDERS AND BILLING
Orders. Our App allows you to design and order our Products. Before submitting your order to us, you will be given the opportunity to review your order and amend it. Please ensure you have reviewed your order carefully before submitting it. No part of our Services constitutes a contractual offer capable of acceptance. Your order constitutes a contractual offer that we may, at our sole discretion, accept. Our acknowledgement of receipt of your order does not mean that we have accepted it. Our acceptance is indicated by us sending you a shipping confirmation by email. Only once we have sent you a shipping confirmation will there be a legally binding contract between us and you. If we, for any reason, do not accept or cannot fulfil you order, we shall use commercially reasonable efforts to ensure that no payment shall be taken. If we have taken payment any such sums will be refunded as soon as possible. Please note that the actual delivery date for your order may vary from the estimated delivery date provided to you during the checkout process.
Availability of Products. Product type and variants are available only while supplies last and are subject to availability when you order. Images on our App are for illustrative purposes only, and they may not accurately capture the actual appearance of the Product as printed. Also, there may be built-in rules about what images and text, colors, and arrangements of images and text are permissible. There may be information on the App that contains typographical errors, inaccuracies, or omissions that may relate to Product descriptions, colors, pricing, and availability. We make no representation as to whether information on the App is current or the completeness or accuracy of any information on the App. We reserve the right to correct or make changes in such information without notice and cancel orders placed for merchandise listed incorrectly or at the wrong price. If we have cancelled your order after charging you, we will issue a credit for the amount charged.
Prices. We make all reasonable efforts to ensure that all prices shown on our App are correct at the time of purchase. We reserve the right to change prices and to add, alter, or remove special offers from time to time and as necessary. Changes in price will not affect any order that you have already placed. All prices are subject to review when we process your order. In the unlikely event that we have shown incorrect pricing information, we reserve the right to adjust pricing as appropriate.
Resale. The resale of our Products is strictly forbidden unless expressly permitted by us in writing to you. We reserve the right to reject any order and take legal action in respect of any resale or offer for sale.
Risk of Loss. The risk of loss and title for all Products purchased by you and shipped directly by one of our vendors pass from such vendor to you upon such vendor's delivery to the carrier for shipment.
Payments. Payment for Products and related delivery charges must always be made in advance and you will be prompted to pay during the order process. When you order online, you are responsible for providing accurate billing information.
Billing Information. When you provide payment information (“Billing Information”) to Best Apps or its authorized processor, you represent that you are an authorized user of the payment card, PIN, key, or other payment method specified by you (“Payment Method”), and you authorize Best Apps and its authorized processor to charge such Payment Method for the full amount of the transaction. The terms of your payment will be based on your Payment Method and may be subject to agreements between you and the financial institution, debit/credit card issuer, or other provider of your chosen Payment Method (the "Payment Method Provider"). If Best Apps does not receive payment from your Payment Method Provider, you agree to pay all amounts due upon demand. In the event we are advised of insufficient funds to cover your payment by your Payment Method, we may re-present such uncleared or rejected payment, or any lessor amount thereof, to your Payment Method Provider. In the event we have to collect unpaid amounts you owe us, you will be liable for all collection costs, including attorneys' and collection agency fees. Best Apps reserves the right to correct any errors or mistakes that it makes even if it has already requested or received payment and to update your information from available third-party sources. In the event Best Apps cannot charge the Payment Method you provide, we reserve the right to terminate your order and invoice you for any unpaid amounts.
- RETURNS AND REFUNDS.
Because this is a customized (i.e., bespoke) Product, all sales are final and no refunds are allowed, except where and solely to the extent such refunds are required by applicable law. Order have 24 hours to be cancelled.
EEA Consumers’ Right to Return. If you are a consumer who resides in the European Economic Area (“EEA”), you may be entitled to a refund for your Product if there is a problem with such Product. We are under a legal duty to supply Products that are in conformity with this contract and that must be as described, fit for purpose, and of satisfactory quality. Your legal rights entitle you to the following: a) up to 30 days: if your Product is faulty, then you can get a refund; b) up to six months: if your Product cannot be repaired or replaced, then you're entitled to a full refund, in most cases. If you wish to exercise any of these rights, you must return the Product to us. Details as to how to return the Product can be found below.
EEA Consumers’ Return Process. If you wish to exercise your legal rights as it relates to returns (as set forth herein), you must post them back to us. We will pay the costs of postage or collection. Please email us at email@example.com for a return label or to arrange collection.
- YOUR USE OF THE SERVICES.
Termination. Best Apps may terminate your access to Services immediately at any time without notice, such as where, in Best Apps’ sole opinion, you have violated any provision of these Terms. Upon termination you must cease all use of the Services. Termination will not limit any of Best Apps’ rights or remedies at law or in equity.
Data Collection Policy. No party unaffiliated with Best Apps may collect or use, or direct, authorize, or assist other persons or entities to collect or use, any data from a user, or a computer or device operated by a user, while accessing our Services without our prior express written permission.
Injunctive Relief. You expressly acknowledge and agree that there may be no adequate remedy at law for a breach of this Section, that such a breach may irreparably harm Best Apps and Best Apps is entitled, without limiting any of its other remedies at law or equity, to seek injunctive relief (temporary and permanent) from any court of competent jurisdiction immediately upon request and without the need to post a bond or security, with respect to any such breach or potential breach of these Terms.
- PROPRIETARY RIGHTS
Ownership of Content and Marks; License Grant. The Services, and all content published on or accessible through the Services (“Content”) is owned by Best Apps and is protected by laws governing copyrights, patents, trademarks, trade secrets, or other proprietary rights. Best Apps owns a copyright in the selection, coordination, arrangement, and enhancement of such Content and in the App, and aspects of the App are protected under registered patents. All trademarks, logos, service marks, trade names, and trade dress used in connection with the Services, including the gfxt3ch™, SHIRTAPP, and Best Apps names (“Marks”), are proprietary to Best Apps. You acknowledge that you do not acquire any ownership rights in any of these proprietary rights. You may not frame or utilize framing techniques to enclose any Mark or Content (including images, text, page layout, or form) nor use any metatags or any other "hidden text" utilizing “Best Apps” or its licensors’ name or Marks. You agree not to copy, reproduce, publish, transmit, distribute, perform, sell, create derivative works of, or in any way exploit, any Services or any of the Marks or Content, in whole or in part.
As between you and Best Apps, notwithstanding anything else in these Terms, you retain all copyrights and other intellectual property rights in and to the User Content (as such term is defined below). However, you hereby acknowledge and agree that you have all necessary rights, permissions, and authority to upload the user-generated and other content that you provide to Best Apps or otherwise submit to the Services, such as, but not limited to, images, graphics, text, slogans, and designs (collectively, “User Content”) for the purposes set forth herein. You hereby grant Best Apps a worldwide, royalty-free, non-exclusive, sublicensable (through multiple tiers) right and license to use, modify and create derivative works of, and otherwise exploit such User Content at Best Apps’ discretion, including but not limited for marketing and other commercial or non-commercial exploitation.
User Content. By submitting User Content through the Services (such as by submission to, or through, our servers or other technical infrastructure), you agree to use best efforts to scan and remove any viruses or other contaminating or destructive features before submitting any material. We reserve the right, but are not obligated, to restrict or remove any and all User Content (including all images or parts of images (including words)) for any or no reason, including if we determine, in our sole discretion, that the User Content violates these Terms, Applicable Law, or are obscene, profane, harassing, threatening, discriminatory, abusive, invasive of privacy rights, or otherwise objectionable or offensive. Best Apps has the right to modify images as appropriate with the objective to enhance the end result.
- DIGITAL MILLENNIUM COPYRIGHT ACT (“DMCA”) NOTICE (US ONLY)
Filing a Complaint. If you are a User in the United States, Best Apps has designated an agent with the United States Copyright Office in accordance with the terms of the Digital Millennium Copyright Act (the “DMCA”) and avails itself of the protections under the DMCA. We reserve the right to remove any User Content on the Services which allegedly infringes another person’s copyright. We are under no obligation to scan content posted for any violations of third party rights. However, we respect the copyright interests of others and it is our policy not to permit materials known by us to infringe another party’s copyright to remain on the Services. If you believe any materials on any Services infringes a copyright, you should provide us with a written request to takedown the allegedly infringing material in the form of a written letter, sent by regular mail only, (“DMCA Takedown Notice”) that at a minimum includes:
- Identification of the URL of the App and 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;
- Your name, address, telephone number and email address (if available);
- A statement that the complaining party has 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;
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; and
- The signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Notwithstanding the foregoing, we reserve the right to ignore a DMCA Takedown Notice that is not in compliance with the DMCA.
Filing a Counter-Notice. If your material has been removed or blocked by us as a result of our receipt of a DMCA Takedown Notice, you may send us a request asking for the allegedly infringing material to be restored in the form of a written letter, sent by regular mail only, (“DMCA Counter-Notice”) that at a minimum includes:
- Identification of the copyrighted work (or works) that was removed by Best Apps and the URL of the App and location at which the works appeared before they were removed. The information must be reasonably sufficient to permit us to identify the copyrighted work;
- Your name, address, telephone number and email address (if available);
- A statement that you consent to the jurisdiction of the U.S. Federal District Court for the judicial district in which your address is located, or the State of Florida if your address is outside of the United States;
- A statement that you will accept service of process from the person (or an agent of such person) who provided the DMCA Takedown Notice to us;
- A statement that you have a good faith belief that the allegedly infringing material identified above as the copyrighted work was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
- A signature of a person authorized to act on behalf of the owner of the copyrighted work that was taken down.
When we receive the DMCA Counter-Notice, we will send a copy of the DMCA Counter-Notice to the party who originally sent us the DMCA Takedown Notice requested the removal of the allegedly infringing material and we will reinstate the allegedly infringing material, unless that party obtains a court order supporting removal of the allegedly infringing material. Notwithstanding the foregoing, we reserve the right to ignore a DMCA Counter-Notice that is not in compliance with the DMCA.
Both the DMCA Takedown Notice and the DMCA Counter-Notice must be sent to our designated DMCA designated agent addressed as follows:
Best Apps, LLC
8149 Santa Monica Blvd
West Hollywood, CA 90046
Attention: Customer Service
- LEGAL NOTICES.
Disclaimer of Warranties. SUBJECT TO ANY EXPRESS PROVISIONS WITHIN THESE TERMS OR IN ACCORDANCE WITH APPLICABLE LAWS, THE SERVICES ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OR ANY OTHER TERMS OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW AND SUBJECT TO ANY EXPRESS PROVISIONS WITHIN THESE TERMS, WE DISCLAIM ALL WARRANTIES OR OTHER TERMS OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OR TERMS OF SATISFACTORY QUALITY, MERCHANTABILITY, OR FITNESS FOR ANY PURPOSE. WE DO NOT WARRANT: 1) THAT THE APP OR SERVICES OR ANY OF THEIR FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE; 2) THAT DEFECTS WILL BE CORRECTED; OR 3) OR THAT ANY PART OF THE APP OR OTHER SERVICES, OR THE SERVERS OR OTHER CONSTITUENT PARTS THAT MAKE THEM AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE APP OR SERVICES WITH REGARD TO THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY, APPROPRIATENESS FOR ANY PURPOSE, OR OTHERWISE. ALL WARRANTIES OF PRODUCTS MADE AVAILABLE THROUGH OUR APP ARE SUBJECT TO THE MANUFACTURERS’ WARRANTIES, IF ANY.
Limitation of Liability. YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO, AND USE OF, THE APP OR SERVICES REMAINS WITH YOU. NEITHER BEST APPS NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE APP OR SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE, OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH (I) THESE TERMS, (II) FROM THE USE OF OR INABILITY TO USE THE APP OR SERVICES, (III) PRODUCT LIABILITY, OR (IV) ANY OTHER LEGAL THEORY, IN EACH CASE, WHETHER OR NOT BEST APPS HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. IN NO EVENT WILL BEST APPS’ AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND YOUR USE OF THE SERVICES EXCEED THE AMOUNTS YOU HAVE PAID TO BEST APPS PRIOR TO MAKING A PURCHASE OF PRODUCTS. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN BEST APPS AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO CERTAIN OF THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
EEA Consumers and Foreseeable Loss and Damage Caused by Us. Notwithstanding the foregoing, if you are a consumer who resides in the EEA, we are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these Terms, we are responsible for any loss or damage you suffer that is a foreseeable result of our breaking these Terms or our failing to use reasonable care and skill to provide the Services; but we are not responsible for loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or, if at the time the contract was made, both we and you knew it might happen (for example, if you discussed this with us prior to using our Services).
EEA Consumers and Limiting Our Liability. Notwithstanding anything to the contrary in these Terms, if you are a consumer who resides in the EEA, we do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence, or the negligence of our employees, agents, or subcontractors; for fraud or fraudulent misrepresentation; or for breaches of your legal rights in relation to the Services, such as for our Services to be supplied with reasonable care and skill. We are not liable for business losses, as we only provide the Services for domestic and private use. If you use our Services for any commercial, business, or re-sale purpose. We will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
Indemnification. To the extent permitted by applicable law, you agree at all times to defend, indemnify, and hold harmless Best Apps, its affiliates, their successors, transferees, assignees and licensees, and their respective parent and affiliated companies, agents, associates, officers, directors, shareholders and employees of each, from and against any and all claims, causes of action, damages, liabilities, costs and expenses, including reasonable legal fees and expenses, arising out of or related to (i) your use or misuse of the Services; (ii) your violation of these Terms; (iii) negligent acts or omissions; (iv) any User Content that you provide , (v) Feedback you provide; and (vi) damage to property.
CALIFORNIA RESIDENTS: If you are a California resident and in connection with the foregoing release, you hereby waive California Civil Code Section 1542 (and any similar provision in any other jurisdiction) which states: “A general release does not extend to claims which the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release, which, if known by him or her must have materially affected his or her settlement with the debtor.”
- INITIATION AND RESOLUTION OF DISPUTES
In the event a dispute arises between you and Best Apps (“Dispute”), we want to provide you with an efficient, neutral and cost-effective means of resolving the Dispute. Most customer concerns can be resolved quickly and to the customer’s satisfaction by contacting our customer care department by writing us at Best Apps, gfxt3ch™ 8149 Santa Monica Blvd POB #411 West Hollywood, CA 90046 or via email to firstname.lastname@example.org with the subject line “DISPUTE.” If the Dispute cannot be resolved through contact with customer care within 90 days of you first bringing it to our attention, then you may invoke the Dispute resolution procedures set out in Sections 11 and 12 below (as applicable).
Sections 10, 11, and 12 shall survive any termination of these Terms.
- ARBITRATION/DISPUTE RESOLUTION FOR RESIDENTS OF THE UNITED STATES AND ELSEWHERE (OTHER THAN THE EEA)
This Section 11 applies to you if you reside, or are located during your use of the Services, in the United States (including its overseas possessions and territories) or in any other jurisdiction except for the EEA. If you are located in the EEA, please see Section 12. (Note that, pursuant to Section 13, we do not currently offer our Services to jurisdictions other than the U.S. and EEA. Hence, any such use would violate our Terms, but, in any such event, this Section 11 would apply.)
Governing Law for this Agreement to Arbitrate. This Section 11 shall be regarded as an agreement to arbitrate and, for U.S. residents, shall be governed by the Federal Arbitration Act (“FAA”). You and Best Apps agree that this Section 11 satisfies the writing requirement of the FAA.
Limitation of Legal Remedies. If there is a Dispute that remains unresolved, INSTEAD OF SUING IN COURT AND EXCEPT AS SET OUT ELSEWHERE IN THIS PARAGRAPH, YOU AND BEST APPS EACH AGREE TO THE FULLEST EXTENT PERMITTED BY LAW TO ARBITRATE DISPUTES THROUGH BINDING ARBITRATION PURSUANT TO THE AAA RULES (AS DEFINED BELOW) AND PROCEDURES, ON AN INDIVIDUAL BASIS, WITHOUT CLASS RELIEF. NOTHING IN THIS SECTION 11 PROHIBITS, AND EACH PARTY IS PERMITTED TO SEEK, JUDICIAL RELIEF (A) IN SMALL CLAIMS COURT IF THE DISPUTE QUALIFIES FOR SUCH COURT; (B) TO COMPEL MEDIATION OR ARBITRATION PURSUANT TO THIS SECTION 11; (C) TO ENFORCE ANY ARBITRATION AWARD RENDERED PURSUANT TO THIS SECTION 10; OR (D) TO OBTAIN INTERIM OR EMERGENCY RELIEF (EVEN BEFORE MEDIATION HAS TAKEN PLACE) UNTIL AN ARBITRATOR CAN BE EMPANELED AND DETERMINE WHETHER TO CONTINUE, MODIFY OR TERMINATE SUCH RELIEF. Such relief may be sought from any court with jurisdiction over the parties. This agreement to arbitrate is intended to be broadly interpreted. It includes, to the maximum extent permitted by applicable law, claims based in contract, tort, statute, fraud, misrepresentation or any other legal theory (“Claim(s)”), as well as Disputes as to the enforceability, unconscionability, applicability or scope of this Section 11. The arbitrator's decision and award are final and binding.
Jury Trial Waiver. YOU AND BEST APPS EACH VOLUNTARILY WAIVE THE RIGHT TO TRIAL BY JURY IN RESOLVING ANY DISPUTE BETWEEN US ARISING OUT OF THESE TERMS OR THE SERVICES.
Class Action Waiver. YOU AND BEST APPS EACH AGREE THAT CLAIMS AGAINST THE OTHER MAY ONLY BE BROUGHT IN AN INDIVIDUAL CAPACITY AND NOT IN A CLASS ACTION OR REPRESENTATIVE PROCEEDING. All arbitrations under these Terms must be conducted on an individual (and not a class-wide) basis, and an arbitrator will have no authority to award class-wide relief. You acknowledge and agree that these Terms specifically prohibit you from commencing any legal proceedings as a representative of others, participating in a class, representative, or collective action as a class representative, class member or an opt-in party, acting as a private attorney general, or joining or consolidating Claims with claims or proceedings brought by any other person.
Arbitration Procedures. A party who intends to seek arbitration must first send to the other a written notice of Dispute describing the nature and basis of the Claim and setting forth the specific relief sought (a "Notice"). All Notices to Best Apps must be sent to the following address: Best Apps, gfxt3ch™ 8149 Santa Monica Blvd POB #411 West Hollywood, CA 90046, or via email to email@example.com with the subject line “Notice of Request to Arbitrate Dispute.” All notices to you will be sent to the email or street address provided, if available. Unless otherwise agreed by you and Best Apps in writing, the arbitration will be governed and conducted by the American Arbitration Association (“AAA”) before a single arbitrator with substantial experience in the internet industry and who shall follow the AAA’s Consumer Arbitration Rules if you are acting as a consumer or the AAA Commercial Arbitration Rules if you are acting as a business, each as then in effect (collectively, the “AAA Rules”), along with substantive law in adjudicating the dispute. The arbitration of any claim will be conducted in Miami-Dade County, Florida, although you may elect that any hearing be conducted electronically or by telephone, rather than in person. Each party will pay the fees and costs of its own counsel, experts and witnesses. The AAA Rules are available at www.adr.org. To the extent that this dispute resolution section conflicts with AAA minimum standards for procedural fairness, the AAA Rules or, if applicable, the AAA Consumer Due Process Protocol shall control.
Severability. If any provision of this Section 11 is declared or found by a court of competent jurisdiction or arbitrator to be unlawful, unenforceable or void, such provision will be ineffective only to the extent that it is found unlawful, unenforceable or void, and the remainder of the provision and all other provisions will remain fully enforceable, except that if the Class Action Waiver for any Claim cannot be enforced, then the provision to arbitrate will not apply, and the Dispute will be resolved in the federal or state court located in Miami-Dade County, Florida.
DISPUTE RESOLUTION FOR RESIDENTS OF THE EEA
If you are a User whose country of residence or establishment is in the EEA, any Dispute that is not resolved as set out in Section 110 or Section 11 may be initiated as follows:
Consumers. If you are a consumer, you may initiate a Dispute in a court with jurisdiction according to the laws of your country of residence or the English courts. Alternatively, if you do not wish to go to court you may seek individual arbitration before the AAA as set out in Section 11, utilizing the AAA Consumer Arbitration Rules. In addition, you can also submit a dispute to the European Online Dispute Platform by visiting https://ec.europa.eu/consumers/odr/main/?event=main.home2.show.
Businesses. If you are acting as a business, you must submit all Disputes to individual arbitration through the AAA’s International Centre for Dispute Resolution, pursuant to its International Dispute Resolution Procedures as then in effect, available at www.adr.org.
The Class Action Waiver set out in Section 11 applies equally to non-U.S. Users and is incorporated by reference into this Section 12.
Governing Law. These Terms (other than Section 11’s and Section 12’s agreements to arbitrate, as set forth therein) shall be governed by and construed in accordance with the internal laws of Florida, USA, without regard for its principles of choice or conflicts of laws. This choice of law applies to all aspects of your use of the Services and to all Disputes, except that if the consumer protection laws of your country of residence preclude such a provision, those laws and your rights thereunder will continue to apply to the extent so required. The application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) is expressly excluded.
No Third-Party Beneficiaries. These Terms are intended solely for the benefit of each party hereto and their respective successors and permitted assigns, and the parties do not intend to confer third-party beneficiary rights upon any other person.
Geographic Restrictions. The Services are currently offered only to persons in the United States (including its overseas territories and possessions) and the European Economic Area. If you are located elsewhere, you may not purchase a Product or otherwise use the Services. We reserve the right to terminate any purchase or other access or use of our Services if we discover that you are outside those permitted jurisdictions.
Feedback. We always welcome feedback from our customers. While we always use all reasonable endeavors to ensure that your experience as our customer is a positive one, we want to hear from you if you have any cause for complaint. If you wish to comment about any aspect of your dealings with us, please contact us at firstname.lastname@example.org.
You hereby grant the unencumbered license and right for Best Apps to utilize such Feedback at its discretion, including but not limited to marketing, derivative works, or other commercial or non-commercial exploitation.
All comments or materials submitted to us, including ratings, testimonials, reviews, questions, comments, suggestions or ideas (collectively, “Feedback”), is received and treated by us on a non-confidential and unrestricted basis. You hereby grant the unencumbered license and right for Best Apps to utilize such Feedback at its discretion, including but not limited to marketing, derivative works, or other commercial or non-commercial exploitation. If any such rights may not be licensed under applicable law (such as moral and other personal rights), you hereby waive and agree not to assert all such rights. You understand and agree that Best Apps is not required to make any use of any Feedback that you provide. You agree that if Best Apps makes use of your Feedback, Best Apps is not required to credit or compensate you for your contribution.
U.S. Export Controls. You will not directly or indirectly export, re-export, transmit, or cause to be exported, re-exported or transmitted, any commodities, software or technology to any country, individual, corporation, organization, or entity to which such export, re-export, or transmission is restricted or prohibited, including any country, individual, corporation, organization, or entity under sanctions or embargoes administered by the United Nations, US Departments of State, Treasury or Commerce, the European Union, or any other applicable government authority. By using our Services or ordering Products on our App, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
Survival. If these Terms expire or are terminated for any reason, the provisions which by their nature should continue after termination including Proprietary Rights, Legal Notices, Arbitration/Dispute Resolution and General shall survive any such expiration or termination.
Severability. If any provision of these Terms is declared or found by a court of competent jurisdiction or arbitrator to be unlawful, unenforceable or void, such provision will be ineffective only to the extent that it is found unlawful, unenforceable, or void, and the remainder of the provision and all other provisions will remain fully enforceable, except that if the Class Action Waiver for any Claim cannot be enforced, then the provision to arbitrate will not apply.
Miscellaneous. These Terms, and policies incorporated herein, are the entire agreement between you and Best Apps. They supersede any and all prior or contemporaneous agreements between you and Best Apps relating to your use of the Services. You may not assign your rights under this agreement to any third party without Best Apps’ prior written permission. Best Apps may assign these Terms, in whole or in part, at any time. If any part of these Terms is determined to be invalid or unenforceable, it will not impact any other provision of these Terms, all of which will remain in full force and effect. Headings in the Terms are for convenience of reference only and shall not affect the interpretation or construction of this agreement. The failure of Best Apps to partially or fully exercise any rights or the waiver of Best Apps of any breach of these Terms by you, shall not prevent a subsequent exercise of such right by Best Apps or be deemed a waiver by Best Apps of any subsequent breach by you of the same or any other term of these Terms. The rights and remedies of Best Apps under these Terms and any other applicable agreement between you and Best Apps shall be cumulative, and the exercise of any such right or remedy shall not limit Best Apps’ right to exercise any other right or remedy.
- CONTACT US
Please email us at email@example.com or contact customer service at by writing to us at: Best Apps, gfxt3ch™ 8149 Santa Monica Blvd POB #411 West Hollywood, CA 90046 if you have any questions about these Terms.
When contacting us, please include your name and email address, and indicate the specific nature of your request.