Terms of Service

LAST UPDATED: 5/12/2017
Thanks for using Bad Ass Red Dress Society (BARDSociety). These terms of service (“Terms”) cover your use and access to the products and services (collectively, “Services”) provided by BARDSociety and any of our affiliates (collectively, “BARDSociety”). By using our Services, you agree to be bound by these Terms as well as our Privacy Policy.
You must be the legal age of majority in your state of residence or otherwise able to form a binding contract with BARDSociety in order to use the Services. In no event is use of the Services permitted by those under the age of 13.
More simply put:
By using BARDSociety, you agree to our Terms of Service. You also need to be an adult, as defined by the state where you live (usually that means 18).

Coaching and Membership Services
BARDSociety provides coaching and membership services for women who are seeking to improve their life through intentional, meaningful and independent means. Membership benefits and pricing are outlined on the website and updated as needed.  Coaching programs are offered at advertised pricing.

Refund Policy
We want you to be 100% satisfied with our Services. If you are less than satisfied or believe there has been an error in billing, please contact us by email at kat@bardsociety.com immediately so that we can help you resolve the issue.  We do not offer financial refunds for coaching or membership payments due to the client’s lack of effort, participation, or misuse of the information or services.  If an extenuating circumstance occurs, we will work with each client on a case by case basis to determine if a refund will be issued.  When contacting us, please include any details relating to the Services you have purchased so that we can ensure you are completely satisfied with your BARDSociety experience.
More simply put:
We gladly offer refunds for billing mistakes. Unless you have a good reason, we don’t give refunds for services that you’ve already used or purchased.

Termination of Access to Services
BARDSociety reserves the right, in its sole discretion, to downgrade or terminate your access to the Services, for any reason and at any time without prior notice. For example, we may suspend or terminate your use of the Services if you are not complying with these Terms, or if you are using the Services in a manner that would expose us to legal liability, disrupt the Services or disrupt others’ use of the Services.  If BARDSociety elects to terminate your account, BARDSociety will provide you with notice at your registered email address.  BARDSociety also reserves the right to modify or discontinue, either temporarily or permanently, any part of its Services with notice. You agree that BARDSociety will not be liable to you or to any third party for any modification, suspension, or discontinuance of your membership in the Services.
More simply put:
BARDSociety has the right to downgrade or cancel your account at any time. This is a very rare occurrence, and would only happen if you were violating the terms, breaking the law, or otherwise misusing the service.

Consent to Receive Emails

By subscribing to BARDSociety, you agree that you may receive communications from BARDSociety, such as newsletters, special offers, and account reminders and updates. You also understand that you can remove yourself from these communications by clicking the “Unsubscribe” link in the footer of the actual email.

More simply put:

BARDSociety may send you emails, but you can unsubscribe at any time.

  1. Acceptable Use of Communications Services

Our Services include a large number of what are collectively called “Communications Services.” These include services such as comment threads, blog posts, question and answer area, customer service communication forums, calendars, and other message services. You agree to use the Communication Services only to post, send, and receive messages or materials proper to and related to the particular Communication Service. When using a Communication Service, you agree that you will not do any of the following:

  • Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others.
  • Publish, post, upload, distribute or disseminate any names, materials, or information that is considered inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful.
  • Create a false identity, represent yourself as someone else, or sign an agreement as someone else or on behalf of someone else or otherwise falsify or delete in an uploaded file any significant attributions or notices.
  • Upload files that contain software or other material protected either by intellectual property laws or by the rights of privacy or publicity except when
    1. you own or control the necessary rights, or
    2. you have received all necessary consents to do so.
  • Upload corrupted files, files that contain viruses, or any other files that may damage the operation of another’s computer.
  • Advertise, offer to sell, or offer to buy anything for business purposes except to the limited extent any particular Communication Service specifically allows such activity.
  • Restrict or inhibit any other user from using and enjoying the Communication Services.
  • Harvest or otherwise collect personally identifiable information about others, without their consent.
  • Violate any code of conduct or other guidelines, which may be applicable for any particular Communication Service.
  • Violate any applicable laws or regulations.

Although BARDSociety has no obligation to monitor the Communication Services, we reserve the right, in our own discretion, to review and remove materials posted to a Communication Service, in whole or in part. BARDSociety reserves the right to disclose any materials posted, information or activity as necessary to satisfy any applicable law, regulation, legal process, or governmental request.

More simply put:

We offer a lot of ways to communicate through our website, like message boards, blog comments, and more. You agree to use those services as intended, and not to post anything illegal or abusive.

  1. License Grant

Subject to your compliance with these Terms, you are hereby granted a non-exclusive, limited, non-transferable, revocable license to use the Services as we intend for them to be used. Any rights not expressly granted in these Terms are reserved by BARDSociety.

When you transmit user content on BARDSociety, you hereby grant BARDSociety and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display any such content, including throughout the world in any media. If you submit feedback or suggestions about our Services, we may use your feedback or suggestions without obligation to you.

Resale or unauthorized distribution of materials downloaded from the BARDSociety website is strictly prohibited. Use of these materials is for your personal or business use. Any resale or redistribution of our materials requires the express, written consent of BARDSociety.

More simply put:

As long as you follow these terms, you’re welcome to use all BARDSociety services in the manner intended.

  1. Intellectual Property Rights

BARDSociety retains all right, title and interest in and to its products and services, including, without limitation, software, images, text, graphics, illustrations, logos, service marks, copyrights, photographs, videos, music, and all related intellectual property rights. Except as otherwise provided in this agreement, you may not, and may not permit others to:

  1. reproduce, modify, translate, enhance, decompile, disassemble, reverse engineer or create derivative works of any of our products and services;
  2. sell, license, sublicense, rent, lease, distribute, copy, publicly display, publish, adapt or edit any of our products and services; or
  3. circumvent or disable any security or technological features of our products and services.

The design, text, graphics and selection and arrangement thereof and services and the articles, documents, guidance and all other content found on our website (“Service Content”) are copyright © BARDSociety. All rights reserved.

BARDSociety, including any product or service names or slogans displayed on BARDSociety products are property of BARDSociety. You may not copy, imitate or use them, in whole or in part, without our prior written consent. In addition, the look and feel of BARDSociety is the service mark, trademark and/or trade dress of BARDSociety and you may not copy, imitate or use it, in whole or in part, without our prior written consent. The names of actual companies and products you might encounter through us may be the trademarks of their respective owners. Nothing in these Terms or the Services should be understood as in any way granting any license or right to use any of BARDSociety’ logo or designs displayed on our website.

More simply put:

The BARDSociety logo, software, trademarks, products, and services belong to us. You agree not to copy or sell any of our intellectual property.

 

  1. Copyright and DMCA

We respond to notices of alleged copyright infringement and terminate accounts of repeat infringers according to the process set out in the U.S. Digital Millennium Copyright Act.

If you believe that any material on our website infringes upon any copyright which you own or control, you may file a DMCA Notice of Alleged Infringement with BARDSociety:

BARDSociety
PO Box 7905  Ventura CA 93006
More simply put:

We comply with the U.S. Digital Millennium Copyright Act, and expect our users to, as well.

 

  1. Links to Third Party Sites

BARDSociety’s websites may contain links to third party resources and businesses on the Internet, called here “links” or “Linked Sites.” Those links are provided for your convenience to help you identify and locate other Internet resources that may be of interest to you. BARDSociety may not sponsor and may or may not be legally associated with any third party “linked sites.” BARDSociety may or may not be legally authorized to use any trade name, registered trademark, logo, official seal or copyrighted material that may appear in the link.

BARDSociety does not control, endorse or monitor the contents of any Linked Site. That includes, without limitation, any further link contained in a Linked Site, and any changes or updates to a Linked Site. BARDSociety is not responsible for webcasting or for any other form of transmission received from any Linked Site. These Terms do not cover your interaction with Linked Sites. You should carefully review the terms and conditions and privacy policies of any third party sites.

If you use any service provided on a Linked Site, (a) BARDSociety will not be responsible for any act or omission of the third party, including the third party’s access to or use of your customer data and (b) BARDSociety does not warrant or support any service provided by the third party.

More simply put:

The links we provide to other websites are for your information only. We don’t endorse and are not responsible for the content on those sites.

 

  1. Disclaimer of Representations and Liability

Please read this section carefully as it affects your rights

The information, software, products, and services made available through BARDSociety may include inaccuracies or typographical errors. BARDSociety and/or its suppliers may at any time make improvements or changes to our Services. Information received via BARDSociety should not be relied upon for personal, medical, legal, or financial decisions. You should consult an appropriate professional for specific advice tailored to your situation. In short, your use of our Services is at your own risk.

TO THE FULLEST EXTENT PERMITTED BY LAW, BARDSOCIETY AND ITS AFFILIATES, SUPPLIERS AND DISTRIBUTORS MAKE NO WARRANTIES, EITHER EXPRESS OR IMPLIED, ABOUT THE SERVICES. THE SERVICES ARE PROVIDED “AS IS.” WE ALSO DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. INFORMATION AND OPINIONS RECEIVED VIA THE WEBSITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL BARDSOCIETY, ITS AFFILIATES, SUPPLIERS OR DISTRIBUTORS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES OR ANY LOSS OF USE, DATA, BUSINESS, OR PROFITS, REGARDLESS OF LEGAL THEORY, WHETHER OR NOT BARDSOCIETY HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

BARDSOCIETY’S AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES SHALL IN NO EVENT EXCEED THE GREATER OF $500 OR THE AMOUNT PAID BY YOU TO BARDSOCIETY FOR THE 12 MONTHS PRECEDING THE SERVICES IN QUESTION.

More simply put:

While we do our best to make sure everything is accurate and up to date, your use of our website is at your own risk. Please don’t make personal, medical, legal, or financial decisions without consulting a professional.

 

  1. Release and Indemnity

On behalf of yourself and your heirs, executors, agents, representatives, and assigns, fully release, forever discharge, and hold BARDSociety, its affiliates and their respective officers, employees, directors and agents harmless from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, and actions of any kind and injury (including death) arising out of or relating to your use of the Service. You agree that this release has been freely and voluntarily consented to and you confirm that you fully understand what you are agreeing to.

You agree to indemnify and hold BARDSociety, and its affiliates and their respective officers, employees, directors and agent harmless from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind and injury (including death) arising out of any third party claims relating to your use of the Service, your violation of these Terms or your violation of any rights of another.

More simply put:

BARDSociety is not responsible for anything that happens as a result of you violating these terms, violating someone else’s rights, or a third-party claim.

 

  1. Dispute Resolution By Binding Arbitration and Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY, AS IT AFFECTS YOUR RIGHTS.

Most customer concerns can be resolved quickly and to the customer’s satisfaction by emailing us at kat@bardsociety.com.

However, if BARDSociety is not able to resolve a dispute with you after attempting to do so informally, then as a condition to your use of the Services we mutually agree to resolve such dispute through binding arbitration.

Any notice to BARDSociety should be addressed to BARDSociety, PO Box 7905  Ventura CA 93006. Any notice to you shall be sent to your address as set forth in BARDSociety’s records of account or such other legal address as BARDSociety is able to identify.

You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations aren’t allowed.

Notwithstanding our agreement to arbitrate our disputes as provided above, the following exceptions will apply to the resolution of disputes between us:

  • Either you or BARDSociety may assert claims, if they qualify, in small claims court in Ventura, California or in any United States county where you live or work without first engaging in arbitration or the informal dispute-resolution process.
  • BARDSociety may bring a lawsuit against you in any court of competent jurisdiction solely for injunctive relief to stop any unauthorized use or abuse of the Services without first engaging in arbitration or the informal dispute-resolution process described above.
  • BARDSociety may bring a lawsuit against you in any court of competent jurisdiction solely for injunctive relief to stop any intellectual property infringement without first engaging in arbitration or the informal dispute-resolution process described above.
  • In the event that the agreement to arbitrate is found to be inapplicable or unenforceable for any reason, then as a condition to your use of the Services we agree that any resulting judicial proceedings will be brought in the federal or state courts of Ventura, California, and by your use of the Services you expressly consent to venue and personal jurisdiction of the courts therein.

BARDSociety may, in the future, make changes to these provisions regarding dispute resolution and arbitration by providing notice in accordance with the section of these Terms entitled “Modifications” below. You may reject any changes made during your Membership by sending us written notice. Such notice must be given within thirty (30) calendar days of the notice of modification to the following address: BARDSociety PO Box 7905  Ventura CA 93006.

More simply put:

If you have a problem with BARDSociety and customer service can’t help, you waive your right to sue us, either individually or by class action. Instead, we’ll resolve your dispute using private arbitration.

 

  1. Controlling Law

These Terms will be governed by California law except for its conflicts of laws principles.

More simply put:

These terms are governed by California state law.

 

  1. Entire Agreement

These Terms constitute the entire agreement between you and BARDSociety with respect to the subject matter of these Terms, and supersede and replace any other prior or contemporaneous agreements, or terms and conditions applicable to the subject matter of these Terms. These Terms create no third party beneficiary rights.

More simply put:

These terms are the one and only official agreement between you and BARDSociety.

 

  1. Waiver, Severability and Assignment

BARDSociety’s failure to enforce a provision is not a waiver of its right to do so later. If a provision is found unenforceable, the remaining provisions of the Terms will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign any of your rights under these Terms, and any such attempt will be void. BARDSociety may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Services.

More simply put:

If for some reason BARDSociety can’t or doesn’t enforce part of these terms, the rest of the terms will still be valid.

  1. Modifications

We may revise these Terms from time to time, and will always post the most current version on our website. If a revision meaningfully reduces your rights, we will notify you (by, for example, posting on our blog or on this page). By continuing to use or access the Services after the revisions come into effect, you agree to be bound by the revised Terms.

More simply put:

We will always post the most current terms here on our website.
6. Acceptable Use of Communications Services
Our Services include a large number of what are collectively called “Communications Services.” These include services such as comment threads, blog posts, question and answer area, customer service communication forums, calendars, and other message services. You agree to use the Communication Services only to post, send, and receive messages or materials proper to and related to the particular Communication Service. When using a Communication Service, you agree that you will not do any of the following:
 Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others.
 Publish, post, upload, distribute or disseminate any names, materials, or information that is considered inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful.
 Create a false identity, represent yourself as someone else, or sign an agreement as someone else or on behalf of someone else or otherwise falsify or delete in an uploaded file any significant attributions or notices.
 Upload files that contain software or other material protected either by intellectual property laws or by the rights of privacy or publicity except when
i. you own or control the necessary rights, or
ii. you have received all necessary consents to do so.
 Upload corrupted files, files that contain viruses, or any other files that may damage the operation of another’s computer.
 Advertise, offer to sell, or offer to buy anything for business purposes except to the limited extent any particular Communication Service specifically allows such activity.
 Restrict or inhibit any other user from using and enjoying the Communication Services.
 Harvest or otherwise collect personally identifiable information about others, without their consent.
 Violate any code of conduct or other guidelines, which may be applicable for any particular Communication Service.
 Violate any applicable laws or regulations.
Although BARDSociety has no obligation to monitor the Communication Services, we reserve the right, in our own discretion, to review and remove materials posted to a Communication Service, in whole or in part. BARDSociety reserves the right to disclose any materials posted, information or activity as necessary to satisfy any applicable law, regulation, legal process, or governmental request.
More simply put:
We offer a lot of ways to communicate through our website, like message boards, blog comments, and more. You agree to use those services as intended, and not to post anything illegal or abusive.
7. License Grant
Subject to your compliance with these Terms, you are hereby granted a non-exclusive, limited, nontransferable, revocable license to use the Services as we intend for them to be used. Any rights not expressly granted in these Terms are reserved by BARDSociety.
When you transmit user content on BARDSociety, you hereby grant BARDSociety and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display any such content, including throughout the world in any media. If you submit feedback or suggestions about our Services, we may use your feedback or suggestions without obligation to you.
Resale or unauthorized distribution of materials downloaded from the BARDSociety website is strictly prohibited. Use of these materials is for your personal or business use. Any resale or redistribution of our materials requires the express, written consent of BARDSociety.
More simply put:
As long as you follow these terms, you’re welcome to use all BARDSociety services in the manner intended.
8.  BARDSociety Intellectual Property Rights
BARDSociety retains all right, title and interest in and to its products and services, including, without limitation, software, images, text, graphics, illustrations, logos, service marks, copyrights, photographs, videos, music, and all related intellectual property rights. Except as otherwise provided in this agreement, you may not, and may not permit others to:
i. reproduce, modify, translate, enhance, decompile, disassemble, reverse engineer or create derivative works of any of our products and services;
ii. sell, license, sublicense, rent, lease, distribute, copy, publicly display, publish, adapt or edit any of our products and services; or
iii. circumvent or disable any security or technological features of our products and services.
The design, text, graphics and selection and arrangement thereof and services and the articles, documents, guidance and all other content found on our website (“Service Content”) are copyright © BARDSociety. All rights reserved.
BARDSociety, including any product or service names or slogans displayed on BARDSociety products are property of BARDSociety. You may not copy, imitate or use them, in whole or in part, without our prior written consent. In addition, the look and feel of BARDSociety is the service mark, trademark and/or trade dress of BARDSociety and you may not copy, imitate or use it, in whole or in part, without our prior written consent. The names of actual companies and products you might encounter through us may be the trademarks of their respective owners. Nothing in these Terms or the Services should be understood as in any way granting any license or right to use any of BARDSociety’s logo or designs displayed on our website.
More simply put:
The BARDSociety logo, software, trademarks, products, and services belong to us. You agree not to copy or sell any of our intellectual property.
9. Copyright and DMCA
We respond to notices of alleged copyright infringement and terminate accounts of repeat infringers according to the process set out in the U.S. Digital Millennium Copyright Act.
If you believe that any material on our website infringes upon any copyright which you own or control, you may file a DMCA Notice of Alleged Infringement with BARDSociety at:
BARDSociety PO Box 7905 Ventura CA 93006
More simply put:
We comply with the U.S. Digital Millennium Copyright Act, and expect our users to, as well.
10. Links to Third Party Sites
BARDSociety’s websites may contain links to third party resources and businesses on the Internet, called here “links” or “Linked Sites.” Those links are provided for your convenience to help you identify and locate other Internet resources that may be of interest to you. BARDSociety may not sponsor and may or may not be legally associated with any third party “linked sites.” BARDSociety may or may not be legally authorized to use any trade name, registered trademark, logo, official seal or copyrighted material that may appear in the link.
BARDSociety does not control, endorse or monitor the contents of any Linked Site. That includes, without limitation, any further link contained in a Linked Site, and any changes or updates to a Linked Site. BARDSociety is not responsible for webcasting or for any other form of transmission received from any Linked Site. These Terms do not cover your interaction with Linked Sites. You should carefully review the terms and conditions and privacy policies of any third party sites.
If you use any service provided on a Linked Site, (a) BARDSociety will not be responsible for any act or omission of the third party, including the third party’s access to or use of your customer data and (b) BARDSociety does not warrant or support any service provided by the third party.
More simply put:
The links we provide to other websites are for your information only. We don’t endorse and are not responsible for the content on those sites.
11. Disclaimer of Representations and Liability
Please read this section carefully as it affects your rights
The information, software, products, and services made available through BARDSociety may include inaccuracies or typographical errors. BARDSociety and/or its suppliers may at any time make improvements or changes to our Services. Information received via BARDSociety should not be relied upon for personal, medical, legal, or financial decisions. You should consult an appropriate professional for specific advice tailored to your situation. In short, your use of our Services is at your own risk.
TO THE FULLEST EXTENT PERMITTED BY LAW, BARDSOCIETY AND ITS AFFILIATES, SUPPLIERS AND DISTRIBUTORS MAKE NO WARRANTIES, EITHER EXPRESS OR IMPLIED, ABOUT THE SERVICES. THE SERVICES ARE PROVIDED “AS IS.” WE ALSO DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. INFORMATION AND OPINIONS RECEIVED VIA THE WEBSITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL BARDSOCIETY, ITS AFFILIATES, SUPPLIERS OR DISTRIBUTORS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES OR ANY LOSS OF USE, DATA, BUSINESS, OR PROFITS, REGARDLESS OF LEGAL THEORY, WHETHER OR NOT BARDSOCIETY HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
BARDSOCIETY’S AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES SHALL IN NO EVENT EXCEED THE GREATER OF $500 OR THE AMOUNT PAID BY YOU TO BARDSOCIETY FOR THE 12 MONTHS PRECEDING THE SERVICES IN QUESTION.
More simply put:
While we do our best to make sure everything is accurate and up to date, your use of our website is at your own risk. Please don’t make personal, medical, legal, or financial decisions without consulting a professional.
12. Release and Indemnity
On behalf of yourself and your heirs, executors, agents, representatives, and assigns, fully release, forever discharge, and hold BARDSociety, its affiliates and their respective officers, employees, directors and agents harmless from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, and actions of any kind and injury (including death) arising out of or relating to your use of the Service. You agree that this release has been freely and voluntarily consented to and you confirm that you fully understand what you are agreeing to.
You agree to indemnify and hold BARDSociety, and its affiliates and their respective officers, employees, directors and agent harmless from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind and injury (including death) arising out of any third party claims relating to your use of the Service, your violation of these Terms or your violation of any rights of another.
More simply put:
BARDSociety is not responsible for anything that happens as a result of you violating these terms, violating someone else’s rights, or a third-party claim.
13. Dispute Resolution By Binding Arbitration and Class Action Waiver
PLEASE READ THIS SECTION CAREFULLY, AS IT AFFECTS YOUR RIGHTS.
Most customer concerns can be resolved quickly and to the customer’s satisfaction by emailing us at kat@bardsociety.com.
However, if BARDSociety is not able to resolve a dispute with you after attempting to do so informally, then as a condition to your use of the Services we mutually agree to resolve such dispute through binding arbitration.
Any notice to BARDSociety should be addressed to BARDSociety, PO Box 7905 Ventura CA 93006. Any notice to you shall be sent to your address as set forth in BARDSociety’s records of account or such other legal address as BARDSociety is able to identify.
You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations aren’t allowed.
Notwithstanding our agreement to arbitrate our disputes as provided above, the following exceptions will apply to the resolution of disputes between us:
 Either you or BARDsociety may assert claims, if they qualify, in small claims court in Ventura, California or in any United States county where you live or work without first engaging in arbitration or the informal dispute-resolution process.
 BARDSociety may bring a lawsuit against you in any court of competent jurisdiction solely for injunctive relief to stop any unauthorized use or abuse of the Services without first engaging in arbitration or the informal dispute-resolution process described above.
 BARDSociety may bring a lawsuit against you in any court of competent jurisdiction solely for injunctive relief to stop any intellectual property infringement without first engaging in arbitration or the informal dispute-resolution process described above.
 In the event that the agreement to arbitrate is found to be inapplicable or unenforceable for any reason, then as a condition to your use of the Services we agree that any resulting judicial proceedings will be brought in the federal or state courts of Ventura, California, and by your use of the Services you expressly consent to venue and personal jurisdiction of the courts therein.
BARDSociety may, in the future, make changes to these provisions regarding dispute resolution and arbitration by providing notice in accordance with the section of these Terms entitled
“Modifications” below. You may reject any changes made during your Membership by sending us written notice. Such notice must be given within thirty (30) calendar days of the notice of modification to the following address: BARDSociety PO Box 7905 Ventura CA 93006.
More simply put:
If you have a problem with BARDSociety and customer service can’t help, you waive your right to sue us, either individually or by class action. Instead, we’ll resolve your dispute using private arbitration.
14. Controlling Law
These Terms will be governed by California law except for its conflicts of laws principles.
More simply put:
These terms are governed by California state law.
15. Entire Agreement
These Terms constitute the entire agreement between you and BARDSociety with respect to the subject matter of these Terms, and supersede and replace any other prior or contemporaneous agreements, or terms and conditions applicable to the subject matter of these Terms. These Terms create no third party beneficiary rights.
More simply put:
These terms are the one and only official agreement between you and BARDSociety.
16. Waiver, Severability and Assignment
BARDSociety’s failure to enforce a provision is not a waiver of its right to do so later. If a provision is found unenforceable, the remaining provisions of the Terms will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign any of your rights under these Terms, and any such attempt will be void. BARDSociety may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Services.
More simply put:
If for some reason BARDSociety can’t or doesn’t enforce part of these terms, the rest of the terms will still be valid.
17. Modifications
We may revise these Terms from time to time, and will always post the most current version on our website. If a revision meaningfully reduces your rights, we will notify you (by, for example, posting on our blog or on this page). By continuing to use or access the Services after the revisions come into effect, you agree to be bound by the revised Terms.
More simply put:
We will always post the most current terms here on our website.

Be Sociable, Share!