Terms and Conditions
BKUPGEEK, LLC (with its registered office in 25 Bone Lane, Batesville, AR 72501), an Arkansas corporation operates the www.bkupgeek.com website (the "Services").
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms and Conditions (the "Terms"). These Terms apply to all visitors, users, and others who access or use the Service. By accessing and using the Service, you agree to be bound by these Terms. If you disagree with any part of the Terms, then you may not access the Service.
IF YOU ARE A BKUPGEEK USER LOCATED IN THE UNITED STATES OR CANADA, OUR TERMS CONTAIN A BINDING ARBITRATION PROVISION, WHICH STATES THAT, EXCEPT IF YOU OPT-OUT AND EXCEPT FOR CERTAIN TYPES OF DISPUTES, BKUPGEEK AND YOU AGREE TO RESOLVE ALL DISPUTES THROUGH BINDING INDIVIDUAL ARBITRATION, WHICH MEANS THAT YOU WAIVE ANY RIGHT TO HAVE THOSE DISPUTES DECIDED BY A JUDGE OR JURY, AND THAT YOU WAIVE YOUR RIGHT TO PARTICIPATE IN CLASS ACTIONS, CLASS ARBITRATIONS, OR REPRESENTATIVE ACTIONS. PLEASE READ THE "SPECIAL ARBITRATION PROVISION FOR UNITED STATES OR CANADA USERS" SECTION BELOW TO LEARN MORE.
Fees and Taxes.
You are responsible for all carrier data plan and other fees and taxes associated with your use of our Services. We may charge you for our Services, including applicable taxes. YOU ARE SOLELY RESPONSIBLE FOR ANY VALUE-ADDED TAX IN CONNECTION WITH THE SERVICES AND YOU INDEMNIFY AND HOLD BKUPGEEK HARMLESS FROM ANY AND ALL TAXES, INCLUDING SALES TAX, BASED ON PAYMENTS RENDERED BY YOU FOR THE SERVICES. If BKUPGEEK is legally required to report such information, you will provide us with official receipts issued by the appropriate taxing authority, or other such evidence that you have paid all applicable taxes. We may refuse or cancel orders. We do not provide refunds for our Services, except as required by law or it is justified by exceptional circumstances.
Acceptance Use of Our Services
Our Terms and Policies.
You must use our Services according to our Terms and posted policies. A violation of these policies may result in account termination, without recourse or refund, in our sole and exclusive discretion. If we disable your account for a violation of our Terms, you will not create another account without our permission.
Legal and Acceptable Use.
You must access and use our Services only for legal, authorized, and acceptable purposes. You will not use (or assist others in using) our Services: (a) for any unlawful purposes; (b) to solicit others to perform or participate in any unlawful acts or to engage in acts that are unrelated to the purpose(s) of the Services; (c) to violate any international, governmental, federal, provincial, or state regulations, rules, laws, or local ordinances; (d) to infringe upon, misappropriate, or violate our intellectual property rights or the intellectual property rights of others, including privacy, publicity, intellectual property, or other proprietary rights; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, threaten, speak hatefully, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Services; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; (k) to impersonate another person or entity; or (l) to interfere with or circumvent the security features of the Web site. We reserve the right to terminate your use of the Services for violating any of the prohibited uses or for any other reason in our sole and exclusive decision.
Harm to BKUPGEEK or Our Users.
You must not (or assist others to) access, use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sublicense, transfer, display, perform, or otherwise exploit our Services in impermissible or unauthorized manners, or in ways that burden, impair, or harm us, our Services, systems, our users, or others, including that you must not directly or through automated means: (a) reverse engineer, alter, modify, create derivative works from, decompile, or extract code from our Services; (b) send, store, or transmit viruses or other harmful computer code through or onto our Services; (c) gain or attempt to gain unauthorized access to our Services or systems; (d) interfere with or disrupt the integrity or performance of our Services; (e) create accounts for our Services through unauthorized or automated means; (f) collect the information of or about our users in any impermissible or unauthorized manner; (g) sell, resell, rent, or charge for our Services, except if it’s done by the official resellers of BKUPGEEK or upon a consent of BKUPGEEK; (h) distribute or make our Services available over a network where they could be used by multiple devices at the same time; (i) remove or otherwise alter or cause to be altered, directly or indirectly, the appearance of the Services so as to remove BKUPGEEK’s proprietary branding or logo or otherwise modify the appearance of the Services.
By registering for our Services, you agree and acknowledge that we may verify any personal data you provide to us or otherwise verify your identity. This may include verifying your name and identity by providing to us a copy of a government-issued identification and/or verifying your email address or telephone number. Should we discover any personal data you provide to us is materially incorrect or should we be unable to verify your identity, we may terminate your account and otherwise prevent you from using the Services.
Keeping Your Account Secure.
You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service. You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account. You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar, or obscene. You expressly agree that we cannot be held liable for any loss or damage arising out of any misrepresentations you make in this regard.
Reservation of Rights.
BKUPGEEK reserves the right to access your Account for technical purposes and to address occurring service issues. We shall also have the right to monitor your account in our sole and exclusive discretion.
Suspending your BKUPGEEK Account.
You may unsubscribe your BKUPGEEK account at any time (including if you want to revoke your consent to our use of your information) using our https://www.bkupgeek.com/home/subscribe. When you unsubscribe your BKUPGEEK account, your undelivered messages are deleted from our servers as well as any of your other information we no longer need to operate and provide our Service.
Licenses; Intellectual Property Rights
BKUPGEEK does not claim ownership of the information that you submit for your BKUPGEEK account or through our Services. You must have the necessary rights to such information that you submit for your BKUPGEEK account or through our Services and the right to grant the rights and licenses in our Terms.
The Service and its original content (excluding Content provided by users), features, and functionality are and will remain the exclusive property of BKUPGEEK and its licensors, including all copyrights, trademarks, domains, logos, trade dress, trade secrets, patents, and other intellectual property rights associated with our Services. You may not use our copyrights, trademarks, domains, logos, trade dress, patents, and other intellectual property rights unless you have our express permission.
Your License to BKUPGEEK.
In order to operate and provide our Services, you grant BKUPGEEK a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, create derivative works of, display, and perform the information (including the content) that you upload, submit, store, send, or receive on or through our Services. The rights you grant in this license are for the limited purpose of operating and providing our Services.
BKUPGEEK's License to You.
We grant you a limited, revocable, non-exclusive, non-sublicensable, and non-transferable license to use our Services, subject to and in accordance with our Terms. This license is for the sole purpose of enabling you to use our Services, in the manner permitted by our Terms. No licenses or rights are granted to you by implication or otherwise, except for the licenses and rights expressly granted to you.
Digital Millennium Copyright Act Policy
We respect the intellectual property rights of others just as we expect others to respect our rights. Pursuant to Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c), a copyright owner or their agent may submit a takedown notice to us via our DMCA Agent listed below. As an internet service provider, we are entitled to claim immunity from said infringement claims pursuant to the “safe harbor” provisions of the DMCA. To submit a good faith infringement claim to us, you must submit notice to us that sets forth the following information:
Notice of Infringement - Claim
- A physical or electronic signature of the copyright owner (or someone authorized to act on behalf of the owner);
- Identification of the copyrighted work claimed to have been infringed;
- Identification of the infringing material to be removed, and information reasonably sufficient to permit the service provider to locate the material. [Please submit the URL of the page in question to assist us in identifying the allegedly offending work];
- Information reasonably sufficient to permit the service provider to contact the complaining party including your name, physical address, email address, phone number, and fax number;
- A statement that the complaining party has a good faith belief that the use of the material is unauthorized by the copyright agent; and
- 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 copyright owner.
Title 17 USC §512(f) provides civil damage penalties, including costs and attorney fees, against any person who knowingly and materially misrepresents certain information in a notification of infringement under 17 USC §512(c)(3).
Please note that we may share the identity and information in any copyright infringement claim we receive with the alleged infringer. In submitting a claim, you understand accept and agree that your identity and claim may be communicated to the alleged infringer.
Send all takedown notices to our DMCA Agent listed below. Please send by email for prompt attention.
25 Bone Lane
Batesville, AR 72501
Counter-Notification - Restoration of Material
If you have received a notice of material being takedown because of a copyright infringement claim, you may provide us with a counter-notification in an effort to have the material in question restored to the site. Said notification must be given in writing to our DMCA Agent and must contain substantially the following elements pursuant to 17 USC Section 512(g)(3):
- Your physical or electronic signature.
- A description of the material that has been taken down and the original location of the material before it was taken down.
- A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
- Your name, address, and telephone number, and a statement that you consent to the jurisdiction of the federal district court for the judicial district in which the address is located (or if you are outside of the United States, that you consent to the jurisdiction of any judicial district in which the service provider may be found), and that you will accept service of process from the person or company who provided the original infringement notification.
- Email your counter-notice to our DMCA Agent:
25 Bone Lane
Batesville, AR 72501
Repeat Infringer Policy
We take copyright infringement very seriously. Pursuant to the repeat infringer policy requirements of the Digital Millennium Copyright Act, we maintain a list of DMCA notices from copyright holders and make a good faith effort to identify any repeat infringers. Those that violate our internal repeat infringer policy will have their accounts terminated.
Our Business Address:
25 Bone Lane
Batesville, AR 72501
YOU USE OUR SERVICES AT YOUR OWN RISK AND SUBJECT TO THE FOLLOWING DISCLAIMERS. WE ARE PROVIDING OUR SERVICES ON AN “AS IS” BASIS WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND FREEDOM FROM COMPUTER VIRUS OR OTHER HARMFUL CODE. WE DO NOT WARRANT THAT ANY INFORMATION PROVIDED BY US IS ACCURATE, COMPLETE, OR USEFUL; THAT OUR SERVICES WILL BE OPERATIONAL, ERROR-FREE, SECURE, OR SAFE; OR THAT OUR SERVICES WILL FUNCTION WITHOUT DISRUPTIONS, DELAYS, OR IMPERFECTIONS. WE DO NOT CONTROL, AND ARE NOT RESPONSIBLE FOR, CONTROLLING HOW OR WHEN OUR USERS USE OUR SERVICES OR THE FEATURES, SERVICES, AND INTERFACES OUR SERVICES PROVIDE. WE ARE NOT RESPONSIBLE FOR AND ARE NOT OBLIGATED TO CONTROL THE ACTIONS OR INFORMATION (INCLUDING CONTENT) OF OUR USERS OR OTHER THIRD PARTIES. YOU RELEASE US, OUR SUBSIDIARIES, AFFILIATES, AND OUR AND THEIR DIRECTORS, OFFICERS, EMPLOYEES, PARTNERS, AND AGENTS (TOGETHER, THE “BKUPGEEK PARTIES”) FROM ANY CLAIM, COMPLAINT, CAUSE OF ACTION, CONTROVERSY, OR DISPUTE (TOGETHER, “CLAIM”) AND DAMAGES, KNOWN AND UNKNOWN, RELATING TO, ARISING OUT OF, OR IN ANY WAY CONNECTED WITH ANY SUCH CLAIM YOU HAVE AGAINST ANY THIRD PARTIES. YOU WAIVE ANY RIGHTS YOU MAY HAVE UNDER ARKANSAS CIVIL COD, OR ANY OTHER SIMILAR APPLICABLE STATUTE OR LAW OF ANY OTHER JURISDICTION, WHICH SAYS THAT: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR 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.
Limitation of Liability
THE BKUPGEEK PARTIES WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR CONSEQUENTIAL, SPECIAL, PUNITIVE, INDIRECT, OR INCIDENTAL DAMAGES RELATING TO, ARISING OUT OF, OR IN ANY WAY IN CONNECTION WITH OUR TERMS, US, OR OUR SERVICES, INCLUDING BUT NOT LIMITED TO PERSONAL INJURY, DATA LOSS, DAMAGE OR COMPUTER CRASH, THE COSTS OF SUBSTITUTE EQUIPMENT AND SOFTWARE, SHUT-DOWN, COMPANY REPUTATION INFRINGEMENT, BUSINESS, MARKETS, SAVINGS, INCOME, PROFITS, USE, PRODUCTION, REPUTATION OR GOODWILL, ANTICIPATED OR OTHERWISE, OR ECONOMIC LOSS, EVEN IF THE TIDIO PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY RELATING TO, ARISING OUT OF, OR IN ANY WAY IN CONNECTION WITH OUR TERMS, US, OR OUR SERVICES WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS. THE FOREGOING DISCLAIMER OF CERTAIN DAMAGES AND LIMITATION OF LIABILITY WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. THE LAWS OF SOME STATES OR JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN OUR TERMS, IN SUCH CASES, THE LIABILITY OF THE BKUPGEEK PARTIES WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
In no event shall BKUPGEEK nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Terms of Sale
The sale price for our Services is displayed at the point of sale. Be advised, however, that our prices do not include additional taxes, fees, and surcharges charged by your bank/PayPal/other providers.
As a BKUPGEEK user, you agree to have your existing payment plan altered at any time during the subscription, including but not limited to, upgrading or downgrading your payment plan, upgrading from a monthly to a yearly subscription, adding or removing an operator using the reference transactions, or purchasing add-ons.
Right of Refusal.
We reserve the right to refuse or cancel your order at any time for certain reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order, or any other reason. You expressly agree that BKUPGEEK cannot accept any liability for loss or damage arising out of such cancellation.
We reserve the right to downgrade your payment plan to a free subscription in case of non-payment on your part.
We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.
You are encouraged to familiarize yourself with your rights contained within the Sale of Goods Act 1979, Unfair Contract Terms Act 1977, the Unfair Terms in Consumer Contracts Regulations 1999, and the Uniform Commercial Code of 1952.
If you wish to purchase any product or service made available through the Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase, including but not limited to your credit card number, the expiration date of your credit card, and your billing address.
You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete. You expressly agree that BKUPGEEK is not responsible for any loss or damage arising from the submission of false or inaccurate information.
Credit/debit card data and PayPal account data provided by a user are processed by professional companies that conduct non-cash transactions and only to the extent necessary to effect the payments. BKUPGEEK shall not store nor disclose any financial information provided by users to third-party entities.
Availability, Errors, and Inaccuracies.
We are constantly updating our offerings of products and services on the Service. The products or services available on our Service may be mispriced, described inaccurately, or unavailable, and we may experience delays in updating information on the Service and in our advertising on other websites. You expressly agree that any such offer of a product or service does not constitute a legal offer capable of attracting legal consequences.
We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice. Section “Availability, Errors and Inaccuracies” is without prejudice to existing statutory rights.
Due to the electronic nature of the Services, BKUPGEEK is not obligated to provide a refund for any reason, including but not limited to partial months or years of services, upgrades or downgrades, or unused time during your subscription.
The forgoing being noted, we may, from time to time, and in exceptional circumstances, in our sole and exclusive discretion, issue a refund. In no event will a refund for more than three (3) months of service be issued. To request a refund, please contact BKUPGEEK at firstname.lastname@example.org and we will look into the matter within thirty (30) days.
If BKUPGEEK materially breaches these Terms and fails to cure this breach within thirty (30) days of receiving written notice from you of such breach, BKUPGEEK will refund the proportion of the pre-paid fees attributable to the period after the breach.
Our Service allows you to post, link, store, share, and otherwise make available certain information, text, graphics, videos, or other material (“Content”). You are responsible for the Content that you post to the Service, including its legality, reliability, and appropriateness.
By posting Content to the Service, you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. Except for your avatar’s photo, you retain any and all of your rights to any Content you submit, post, or display on or through the Service and you are responsible for protecting those rights.
You represent and warrant that: (i) the Content is yours (you own it) or you have the right to use it and grant us the rights and license as provided in these Terms, (ii) the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, intellectual property rights, trade secret, contract rights or any other rights of any person, (iii) the Content does not constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or otherwise create liability or violate any local, state, national or international law, (iv) the Content does not disclose private information of any third party, including, without limitation, surname, addresses, phone numbers, e-mail addresses, Social Security numbers and credit card numbers, (v) the Content does not impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity, (vi) the Content will not contain viruses, corrupted data or other harmful, disruptive or destructive files, (vii) you will not post Content or links to content that, in the sole judgment of BKUPGEEK is objectionable, restricts, or inhibits any other person from using or enjoying the Services, or which may expose BKUPGEEK or its users to any harm or liability of any type.
Links to Other Websites
We own all copyrights, trademarks, domains, logos, trade dress, trade secrets, patents, and other intellectual property rights associated with our Services. You may not use our copyrights, trademarks, domains, logos, trade dress, patents, and other intellectual property rights unless you have our express permission.
Our Service may contain links to other websites, apps, content, products, and services operated by unrelated companies and persons (“Third-Party Website”). These links are provided for your information only. The inclusion on the Service of any link to a Third-Party Website does not mean that we accept any responsibility for that Third-Party Website, it's content or use, or the use of any features, products and/or services made available through that Third-Party Website.
We have no control over Third-Party Websites or any information or materials contained on them and have not investigated, monitored, or checked any Third-Party Websites for accuracy, completeness, or conformance with applicable laws and regulations. We are not responsible for any damages or caused as a result of your use of, or reliance on, Third-Party Websites or any information or materials contained on them. You access and use Third-Party Websites at your own risk.
You agree to defend, indemnify, and hold harmless BKUPGEEK and its licensee and licensors, and their employees, contractors, agents, officers, and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password; b) a breach of these Terms, or c) Content posted on the Service.
Dispute Resolution; Choice of Law
If you are a BKUPGEEK user located in the United States or Canada, these Terms shall be governed and construed in accordance with the laws of Arkansas, without regard to its conflict of law provisions. You agree to submit to the personal jurisdiction of the courts located in Independence County, Arkansas, and any cause of action that relates to or arises from these Terms or the Services must be filed therein unless subject to the binding mediation and arbitration provisions set forth in the “Special Arbitration Provision for United States or Canada Users” section below applies to you. Please also read that section carefully and completely.
If you are not subject to the “Special Arbitration Provision for United States or Canada Users” section below, you agree that you will resolve any claim you have with us relating to, arising out of, or in any way in connection with our Terms, us, or our Services (each, a “Dispute,” and together, “Disputes”) exclusively under the jurisdiction of England and Wales, without regard to its conflict of law provisions and you agree to submit to the personal jurisdiction of such courts for the purpose of litigating all such Disputes.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.
Availability and Termination of our Services
Availability of Our Services.
Our Services may be interrupted, including for maintenance, repairs, upgrades, or network or equipment failures. We may discontinue some or all of our Services, including certain features and the support for certain devices and platforms, at any time. Events beyond our control may affect our Services, such as events in nature and other force majeure events.
Termination by Us.
We may modify, suspend, or terminate your access to or use of our Services anytime for any reason, such as if you violate the letter or spirit of our Terms or create harm, risk, or possible legal exposure for us, our users, or others. Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.
Termination by You.
You can cancel your recurring subscription at any time to stop further charges to your account. You will maintain access to all of the features in your payment plan until the expiration of your subscription.
The following provisions will survive any termination of your relationship with Tidio: “Licenses,” “Disclaimers,” “Limitation of Liability,” “Indemnification,” “Dispute Resolution,” “Availability and Termination of our Services,” “Other,” and “Special Arbitration Provision for United States or Canada Users.”
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will try to provide at least 15 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. You will be notified about changes in Terms and encouraged to review new conditions.
By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you must stop using the Service.
- Unless a mutually executed agreement between you and us states otherwise, our Terms make up the entire agreement between you and us regarding BKUPGEEK and our Services and supersede any prior agreements.
- We may ask you to agree to additional terms for certain of our Services in the future, which will govern to the extent there is a conflict between our Terms and such additional terms.
- Our Services are not intended for distribution to or use in any country where such distribution or use would violate local law or would subject us to any regulations in another country. We reserve the right to limit our Services in any country.
- You will comply with all applicable export control and trade sanctions laws (“Export Laws”). You will not, directly or indirectly, export, re-export, provide, or otherwise transfer our Services: (a) to any individual, entity, or country prohibited by Export Laws; (b) to anyone on an applicable government restricted parties lists; or (c) for any purpose prohibited by Export Laws, including nuclear, chemical, or biological weapons, or missile technology applications without the required government authorizations. You will not use or download our Services if you are located in a restricted country if you are currently listed on any restricted parties list, or for any purpose prohibited by Export Laws, and you will not disguise your location through IP proxying or other methods.
- Our Terms are written in English. Any translated version is provided solely for your convenience. To the extent any translated version of our Terms conflicts with the English version, the English version controls.
- Any amendment to or waiver of our Terms requires our express consent.
- All of our rights and obligations under our Terms are freely assignable by us to any of our affiliates or in connection with a merger, acquisition, restructuring, or sale of assets, or by operation of law or otherwise, and we may transfer your information to any of our affiliates, successor entities, or new owner.
- You will not transfer any of your rights or obligations under our Terms to anyone else without our prior written consent.
- Nothing in our Terms will prevent us from complying with the law.
- Except as contemplated herein, our Terms do not give any third-party beneficiary rights.
- If any provision of these Terms is deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from our Terms and shall not affect the validity and enforceability of the remaining provisions, except as set forth in the “Special Arbitration Provision for United States or Canada Users” — “Severability” section below.
- We reserve all rights not expressly granted by us to you. In certain jurisdictions, you may have legal rights as a consumer, and our Terms are not intended to limit such consumer legal rights that may not be waived by contract.
- We always appreciate your feedback or other suggestions about BKUPGEEK and our Services, but you understand that we may use your feedback or suggestions without any obligation to compensate you for them (just as you have no obligation to offer them).
Special Arbitration Provision for United States and Canada Users
PLEASE READ THIS SECTION CAREFULLY BECAUSE IT CONTAINS ADDITIONAL PROVISIONS APPLICABLE ONLY TO OUR UNITED STATES AND CANADA USERS. IF YOU ARE A BKUPGEEK USER LOCATED IN THE UNITED STATES OR CANADA, BKUPGEEK REQUIRES YOU TO SUBMIT TO BINDING INDIVIDUAL ARBITRATION OF ALL DISPUTES, EXCEPT FOR THOSE THAT INVOLVE INTELLECTUAL PROPERTY DISPUTES AND EXCEPT THOSE THAT CAN BE BROUGHT IN SMALL CLAIMS COURT. THIS MEANS YOU ARE WAIVING YOUR RIGHT TO HAVE SUCH DISPUTES RESOLVED IN COURT BY A JUDGE OR JURY. THIS SECTION ALSO LIMITS THE TIME YOU HAVE TO START AN ARBITRATION OR, IF PERMISSIBLE, A COURT ACTION. FINALLY, THIS SECTION WAIVES YOUR RIGHT TO HAVE YOUR DISPUTE HEARD AND RESOLVED AS A CLASS ACTION, CLASS ARBITRATION, OR A REPRESENTATIVE ACTION.
“Excluded Dispute” means any Dispute relating to the enforcement or infringement of your or our intellectual property rights (such as copyrights, trademarks, domains, logos, trade dress, trade secrets, and patents). For clarity and notwithstanding the foregoing, those Disputes relating to, arising out of, or in any way in connection with your rights of privacy and publicity are not Excluded Disputes.
Federal Arbitration Act.
The United States Federal Arbitration Act governs the interpretation and enforcement of this “Special Arbitration Provision for United States or Canada Users” section, including any question whether a Dispute between BKUPGEEK, LLC and you is subject to arbitration.
Agreement to Arbitrate for BKUPGEEK Users Located in the United States or Canada.
For BKUPGEEK users located in the United States or Canada, BKUPGEEK and you each agree to waive the right to a trial by judge or jury for all Disputes, except for the Excluded Disputes. BKUPGEEK and you agree that all Disputes (except for the Excluded Disputes), including those relating to, arising out of, or in any way in connection with your rights of privacy and publicity, will be resolved through final and binding arbitration. BKUPGEEK and you agree not to combine a Dispute that is subject to arbitration under our Terms with a Dispute that is not eligible for arbitration under our Terms.
The arbitration will be administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules in effect at the time the arbitration is started, including the Optional Rules for Emergency Measures of Protection and the Supplementary Procedures for Consumer-Related Disputes (together, the “AAA Rules”). The arbitration will be presided over by a single arbitrator selected in accordance with the AAA Rules. The AAA Rules, information regarding initiating a Dispute, and a description of the arbitration process are available at www.adr.org. The arbitrator will decide whether a Dispute can be arbitrated. The location of the arbitration and the allocation of fees and costs for such arbitration shall be determined in accordance with the AAA Rules. Notwithstanding the AAA Rules, we will reimburse you for all the AAA administrative fees in Disputes that are subject to the Supplementary Procedures for Consumer-Related Disputes, unless the arbitrator determines that a Dispute was filed for purposes of harassment or is patently frivolous.
You may opt-out of this agreement to arbitrate. If you do so, neither we nor you can require the other to participate in an arbitration proceeding. To opt-out, you must notify us in writing postmarked within 30 days of the later of: (i) the date that you first accepted our Terms; and (ii) the date you became subject to this arbitration provision. You must use this address to opt-out:
25 Bone Lane
Batesville, AR 72501
You must include: (1) your name and residence address; (2) the mobile phone number associated with your account; and (3) a clear statement that you want to opt-out of our Terms’ agreement to arbitrate.
Small Claims Court.
As an alternative to arbitration, if permitted by your local “small claims” court’s rules, you may bring your Dispute in your local “small claims” court, as long as the matter advances on an individual (non-class) basis.
Time Limit to Start Arbitration.
We and you agree that for any Dispute (except for the Excluded Disputes) we and you must commence an arbitration proceeding within one year after the Dispute first arose; otherwise, such Dispute is permanently barred. This means that if we or you do not commence an arbitration within one year after the Dispute first arose, then the arbitration will be dismissed because it was started too late.
No Class Actions, Class Arbitrations, or Representative Actions for Users Located in the United States or Canada.
We and you each agree that if you are a BKUPGEEK user located in the United States or Canada, each of we and you may bring Disputes against the other only on its or your own behalf, and not on behalf of any other person or entity, or any class of people. We and you each agree not to participate in a class action, a class-wide arbitration, Disputes brought in a private attorney general or representative capacity, or consolidated Disputes involving any other person or entity in connection with any Dispute.
If the prohibition against class actions and other Disputes brought on behalf of third parties is found to be unenforceable for a Dispute, then all of the provisions above under the caption “Special Arbitration Provision for United States or Canada Users” will be null and void as to that Dispute.
Place to File Permitted Court Actions.
If you opt-out of the agreement to arbitrate, if your Dispute is an Excluded Dispute, or if the arbitration agreement is found to be unenforceable, you agree to be subject to the “Forum and Venue” provisions in the “Dispute Resolution” section set forth above.
Our Partner's Liability
Applicable only to Shopify Users.
BKUPGEEK is solely responsible for the application; Shopify is not liable for any fault in the application or any harm that may result from its installation or use, except where expressly stated by Shopify. Shopify cannot provide assistance with the installation or use of the application; and BKUPGEEK is solely responsible for any liability which may arise from your access to or use of the application, including: (1) the development, use, marketing or distribution of or access to the application, including support of the application; or (2) developer’s access, use, distribution or storage of merchant data.
If you have any questions about these Terms, please contact us at email@example.com.