btwn for Consumers
Last updated 12/2020
Feedback: Information and feedback regarding the features and performance of the B.PLAT Service, and information regarding any and all failures, errors, or other malfunctions in the Service along with any associated error messages that you may provide to B.PLAT.
Guidelines: Guidelines or rules applicable to specific services and features that may be posted from time to time.
Merchant Products: Products sold by merchants.
Payment Card: Eligible Visa or MasterCard debit or credit card.
Qualified Purchase: A purchase made according to the offer terms using the registered Payment Card at the participating Merchant’s online or offline point of sales according to the offer terms.
Reward Balance: The available amount of your Shopping Reward and Referral Cash bonus. The amount equals your Shopping Rewards plus your Referral Cash bonus.
Reward Partner: A third-party rewards program operator participating in the B.PLAT Service.
Referral Cash bonus: A cash bonus earned when your social media friends register for the btwn service and make a qualifying purchase following your qualifying purchase from the same point of sales using their own enrolled Payment Card(s).
Shopping Reward: A reward earned when you purchase Merchant Products at a participating Merchant using your enrolled Payment Card.
Transaction Data: The name of the Merchant, date and time of the transaction, amount of the transaction, and such other identifying information as needed to determine if your purchase is a Qualified Purchase.
User Submissions: Input submitted by users in connection with their use of the B.PLAT Service.
1. General Description.
The B.PLAT Services are provided by B.PLAT and provide a card-linked service for users desiring to buy and merchants intending to sell their products (“Merchant Products”). Because this service works as a card-linked service, users must register an eligible Visa or MasterCard or debit or credit card (“Payment Card”) to use the B.PLAT Services.
We do not access or track your social media account activity. You agree that the information you provide to B.PLAT at the time of registration and at all other times is true, accurate, current, and complete, and that you will keep this information accurate and up-to-date. We maintain the record of your social media account information during the course of your use of the B.PLAT service. B.PLAT Service will use the names of your friends that appear in your friend list to verify your claim that you referred a particular purchase of the Merchant Product to a friend.
After a one-time registration to use the service, you become eligible to receive a shopping reward when you make a qualifying purchase of Merchant Products at a participating Merchant using your registered Payment Card. You can find participating Merchants in the btwn APP. The amount of your Shopping Reward varies depending on the participating merchant. You would earn USD $5 for the first qualifying purchase at a participating merchant and For subsequent purchases at the same participating merchant, you may earn various amounts of cash back on your purchase, depending on the participating merchant.
Your purchase is considered a “Qualified Purchase” when you buy Merchant Products using the registered Payment Card at the Merchant’s online or offline point of sales according to the offer terms. We use “transaction Data”, defined as the name of the Merchant, data and time of the transaction, amount of the transaction, and such other identifying information as needed to determine if your purchase is a Qualified Purchase.
You may refer your social media friends to purchase the Merchant Product. When your friends register to use the btwn service, they will go through the same process to sign up, register, and will receive the same information on consents. Your referrals to friends are considered eligible for a Referral Cash bonus (“Referral Cash bonus”) when your social media friends register for the btwn service and make a qualifying purchase following your qualifying purchase from the same point of sales using their own enrolled Payment Card(s) in this service. A purchase by your friend based on your Referral will earn you a Referral Cash bonus and your friend a Shopping Reward if the purchase follows the terms outlined above. The amount of your Referral Cash bonus varies depending on the participating merchant.
You can see the available amount (“Reward Balance” in the btwn APP) of your Shopping Reward and Referral Cash bonus in the menu of “Your Account” in the btwn APP. Your Reward Balance equals your Shopping Rewards plus your Referral Cash bonus. If your Reward Balance exceeds $25.00 USD, you may claim your Reward Balance through a Venmo or PayPal transaction with your Venmo or PayPal ID. Alternatively, you may request a bank check by submitting a request to redeem your Reward Balance by specifying your full name, address, and zip code. Withdrawal requests are only valid for addresses located in the United States of America. The amount of your withdrawal request cannot exceed your available Reward Balance amount. We will send you the amount of your withdrawal request though a Venmo or PayPal transaction, or by issuing a U.S. bank check by postal mail through a reliable mail courier service based on your choice. Reward redemptions are limited to USD $250 per user per participating merchant.
2. Eligibility; B.PLAT Service Access.
THE B.PLAT SERVICE IS NOT AVAILABLE TO PERSONS UNDER THE AGE OF 13 OR TO ANY USERS SUSPENDED OR REMOVED FROM THE B.PLAT SERVICE. BY USING THE B.PLAT SERVICE, YOU REPRESENT THAT YOU ARE AT LEAST 13 YEARS OF AGE AND HAVE NOT BEEN PREVIOUSLY SUSPENDED OR REMOVED FROM THE B.PLAT SERVICE.
SUBJECT TO YOUR COMPLIANCE WITH THESE TERMS AND ALL APPLICABLE LAWS, B.PLAT grants you permission to access and use the B.PLAT Service solely for your personal use, at the level for which you have registered, and as set forth in these Terms and consistent with the intended features of the B.PLAT Service.
Double enrollment by the user is restricted; the user cannot enroll in more than one program operated by B.PLAT at a time
3. Compliance with Law.
Intellectual property laws of all jurisdictions prohibit the reproduction and distribution of protected works without authorization. You are responsible for determining what laws apply to your use of the B.PLAT Service, and for applying the laws in the relevant jurisdiction when using the B.PLAT Service. You may not use the B.PLAT Service in violation of these or any other applicable laws.
4. Privacy and other Policies.
- Guidelines. When using the B.PLAT Service, you will be subject to any additional posted guidelines or rules applicable to specific services and features that may be posted from time to time (the “Guidelines”). All such Guidelines are hereby incorporated by reference into the Terms.
5. Prohibited Conduct
All rights and licenses granted to you hereunder are conditioned upon your compliance with the following restrictions. You shall not do or attempt to do any of the following:
- Access or attempt to access content or features of the B.PLAT Service for which you have not registered;
- Rent, lease, loan, sell, resell, sublicense, distribute or otherwise transfer your access to the B.PLAT Service, or any of the permissions granted herein;
- Use the B.PLAT Service on behalf of any third party, or in connection with any type of “service bureau” activity;
- Impersonate another person or entity, or access another user’s account without that user’s permission;
- Share B.PLAT passwords with any third party or encourage any other user to do so;
- Use any bot, spider, or other automated program or process to access the B.PLAT Service, except for the sole purpose of crawling the B.PLAT Service in connection with legitimate indexing services of commercially available general purpose search engines; or
- Use the B.PLAT Service for any illegal, unethical, fraudulent, misleading, or objectionable purpose or in breach of any law, regulation, or agreement.
6. User Submissions.
- General. The B.PLAT Service may include certain features enabling users to submit input in connection with their use of the B.PLAT Service (“User Submissions”), and provides for the aggregation, reproduction, distribution, transmission, public performance, and public display of such User Submissions. You understand that all User Submissions are the sole responsibility of the person from whom such User Submission originated. This means that you, and not B.PLAT, are entirely responsible for all User Submissions that you make available through the B.PLAT Service.
- No Obligation to Publish. B.PLAT makes no representations that it will publish or make available on the B.PLAT Service any User Submissions and reserves the right, in its sole discretion, to refuse to allow any User Submissions on the B.PLAT Service. Further, B.PLAT makes no representations that any User Submission made available on the B.PLAT Service will remain available on the B.PLAT Service. B.PLAT complies with the Digital Millennium Copyright Act, and will remove User Submissions upon receipt of a compliant takedown notice (see “Digital Millennium Copyright Act” below), or if B.PLAT becomes aware that the preparation, use, or distribution of any such User Submission violates any applicable law or regulation.
- License Grant by You to B.PLAT. By submitting User Submissions to B.PLAT, you hereby grant B.PLAT, Reward Partners, and B.PLAT affiliates and other users of the B.PLAT Service (the “B.PLAT Licensees”) a non-exclusive, fully paid, royalty-free, perpetual, irrevocable, sub-licensable, and transferable license to use, reproduce, distribute, transmit, publicly display, modify, and publicly perform your User Submissions and adaptations thereof, solely in connection with the development, operation, maintenance, enhancement, and promotion of the B.PLAT Service, and to collect, combine, aggregate, and analyze, data related to your User Submissions and derivatives thereof. You also agree to irrevocably waive (and cause to be waived) any claims and assertions of “moral rights” and attribution with respect to your User Submissions.
- User Submissions Representations and Warranties. You are solely responsible for your own User Submissions and the consequences of posting or publishing them. You affirm, represent, and warrant that (i) you own, or have the necessary licenses, rights, consents, and permissions to use and authorize B.PLAT to use your User Submissions in the manner contemplated by these Terms, and to grant the rights and license set forth above; and (ii) our use of such User Submissions, and our exercise of the license rights set forth above, do not and will not: (a) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (b) slander, defame, libel, or invade the right of privacy, publicity, or other property rights of any other person; or (c) violate any applicable law or regulation.
7. Modification of the Terms.
From time to time, B.PLAT may change, modify, add, or remove portions of the Terms, and reserves the right to do so in its sole discretion. If we modify the Terms, we will make them available through the B.PLAT Service, and indicate the date of the latest revision. We encourage users to review the Terms periodically for changes. In the event that the modifications materially alter your rights or obligations, we will make reasonable efforts to notify you of the change. For example, we may send a message to your email address, if we have one on file, or generate a pop-up or similar notification when you access the B.PLAT Service for the first time after such material changes are made. All amended Terms automatically take effect 30 days after they are made available through the B.PLAT Service, except that (i) disputes between you and B.PLAT will be governed by the version of the Terms that was in effect on the date the dispute arose, and (ii) if you do not agree with any changes to the Terms, you may terminate these Terms by ceasing use of the B.PLAT Service. Your continued use of the B.PLAT Service after revised Terms have become effective indicates that you have read, understood, and agreed to the current version of the Terms.
8. Prohibited Uses.
- Access to the B.PLAT Service from territories where its contents are illegal is prohibited. The B.PLAT Service is designed for customers in the United States. Those who choose to access the B.PLAT Service from other locations do so at their own initiative and are responsible for compliance with all local laws and rules, including, without limitation, laws and rules about the internet, data, email, and privacy. You also agree and understand that your data may be transferred to other jurisdictions for processing.
- You may not use the B.PLAT Service in any manner that in our sole discretion could damage, disable, overburden, or impair it or interfere with any other party’s use and enjoyment of the B.PLAT Service. You may not attempt to gain unauthorized access to the B.PLAT Service, or any part of it, other accounts, computer systems or networks connected to the B.PLAT Service, or any part of them, through hacking, password mining or any other means, or interfere or attempt to interfere with the proper working of the B.PLAT Service or any activities conducted on the B.PLAT Service. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available to you through the B.PLAT Service. You may not modify the B.PLAT Service in any manner or form, nor use modified versions of the B.PLAT Service.
- The B.PLAT Service may contain robot exclusion files. You agree that you will not use any robot, spider, scraper, or other automated means to access the B.PLAT Service for any purpose without our express written permission, or bypass our robot exclusion files or other measures we may use to prevent or restrict access to the B.PLAT Service.
You may provide B.PLAT with information and feedback regarding the features and performance of the B.PLAT Service, and information regarding any and all failures, errors, or other malfunctions in the Service along with any associated error messages (the “Feedback”). You hereby grant B.PLAT a perpetual, irrevocable, royalty-free, fully paid, unrestricted right and license to use any and all such Feedback, information, and materials for any purpose.
10. Ownership; Proprietary Rights.
The B.PLAT Service is owned and operated by B.PLAT, LLC. The visual interfaces, graphics, design, compilation, information, computer code, products, software, services, B.PLAT name and logos and all other elements of the Apps and other aspects of the B.PLAT Service provided by B.PLAT (the “Materials”) are protected by United States copyright, trade dress, patent, and trademark laws; international conventions; all other relevant intellectual property and proprietary rights; and all other applicable laws. Except for your User Submissions, all Materials, including all intellectual property rights therein, belong to B.PLAT or its affiliates and/or third-party licensors. All trademarks, service marks, and trade names are proprietary to B.PLAT or its affiliates, except that trademarks, service marks, and trade names relating to Third-Party Materials (as defined below) are the property of their respective owners. Except as expressly authorized by B.PLAT, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials.
11. Payment Card Encryption; Processing and User of Transaction Information.
Special Notes for Visa and MasterCard Cardholders:
- By registering your Visa or MasterCard to your B.PLAT account, you agree that Visa and MasterCard may provide transaction information as described in these Terms. Not all Visa and MasterCard cards are eligible for registration and not all transactions with your registered Visa and MasterCard cards are tracked by Visa and MasterCard. Without limitation, Visa and MasterCard Corporate cards; Visa and MasterCard Purchasing cards; non-reloadable prepaid cards; government-administered prepaid cards (including EBT Visa and MasterCard cards); healthcare (including Health Savings Account (HSA) and Flexible Spending Account (FSA) Visa and MasterCard cards) or insurance prepaid cards; Visa and MasterCard Buxx; and Visa and MasterCard-branded cards whose transactions are not processed through the Visa and MasterCard U.S.A. payment system are not eligible to participate.
- Not all transactions made with your registered Visa and MasterCard payment card can be monitored by Visa and MasterCard for purposes of the B.PLAT program. The B.PLAT program can monitor your transactions only when qualifying transactions are processed as a credit with signature. Accordingly do not use a Personal Identification Number (PIN) when paying for your purchases with your Card if you want the transaction to be eligible for rewards or offer completion. You acknowledge that Visa and MasterCard may be unable to monitor every transaction made with your enrolled Visa and MasterCard, including PIN-based purchases; purchases you initiate through identification technology that substitutes for a PIN; payments made through other payment methods (such as a digital wallet or a third-party payment app, where you may choose your Visa and MasterCard as a funding source, but you do not present your card directly to the merchant); payments of existing balances, balance transfers, or transactions that are not processed or submitted through the Visa and MasterCard U.S.A. Inc. payment systems; and that these transactions are not eligible.
12. Third-Party Sites, Products and Services; Links.
The B.PLAT Service includes links or content relating to third-party web sites, products, and services, solely as a convenience to users (“Third-Party Materials”). B.PLAT does not endorse any such Third-Party Materials or the information, material, products, or services referenced in the Third-Party Materials. Furthermore, B.PLAT makes no express or implied warranties with regard to the information, material, products, or services that are contained on or accessible through Third-Party Materials. YOUR USE OF THE INFORMATION, MATERIAL, PRODUCTS, AND SERVICES REFERENCED IN THE THIRD-PARTY MATERIALS IS SOLELY AT YOUR OWN RISK.
Your correspondence, business, and other dealings with advertisers or other third-party service providers encountered on or through the B.PLAT Service is solely between you and such third party. YOU AGREE THAT B.PLAT WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS THE RESULT OF ANY SUCH DEALINGS OR AS THE RESULT OF THE PRESENCE OF SUCH THIRD PARTIES ON THE B.PLAT SERVICE.
13. Release from Disputes with Third Parties.
If you have a dispute with another user of the B.PLAT Service, or the provider of any linked third-party site, or any other third party arising in connection with your use of the B.PLAT Service, you release B.PLAT(and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code § 1542, which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
Except as explicitly stated otherwise, legal notices will be served on B.PLAT at 223 Bedford Avenue #1015, Brooklyn, NY 11211. Legal notices will be served on you at either the email or physical address that you provide to B.PLAT during the registration process. Notice by email will be deemed given 24 hours after the email is sent, unless the sending party is notified that the email address is invalid. Notice given by either party by mail will be deemed given three days after the date of mailing.
- By B.PLAT. You agree that B.PLAT, in its sole discretion and for any or no reason, may at any time terminate any account (or any part thereof) you may have with B.PLAT or use of the B.PLAT Service and remove and discard any or all part of your account and any content uploaded by you. B.PLAT may also in its sole discretion and at any time discontinue providing access to the B.PLAT Service, or any part thereof, with or without notice. You agree that any termination of your access to the B.PLAT Service or any account you may have or any portion thereof may be affected without prior notice, and you agree that B.PLAT will not be liable to you or any third party for any such termination. Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of your use of the B.PLAT Service may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies B.PLAT may have at law or in equity.
- By You. You may terminate your account, this Agreement, and your right to use the B.PLAT Service at any time and for any reason or no reason, by contacting B.PLAT customer support at firstname.lastname@example.org, and immediately discontinuing all use of the B.PLAT Service.
- Effect of Termination. Upon any termination of your account, any cash back rewards earned by you through the use of the B.PLAT Service can no longer be redeemed. You may claim your Reward Balance before you request termination of your B.PLAT account. B.PLAT would inform you of available redemption options upon receipt of your request for termination.
- Survival. Sections 5, 7, and 10 through 20 will survive any termination of these Terms.
16. Disclaimers; No Warranties.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, B.PLAT AND ITS AFFILIATES, LICENSORS, AND SUPPLIERS (INCLUDING PAYMENT CARD NETWORKS OR PAYMENT PROCESSORS) EXPRESSLY DISCLAIM ANY WARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, AND NON-INFRINGEMENT. B.PLAT DOES NOT WARRANT THE DATA, CONTENT, ANALYTICS, FEATURES, OR INFORMATION PROVIDED THROUGH THE B.PLAT SERVICE, INCLUDING WITHOUT LIMITATION TRANSACTION DATA OR USER SUBMISSIONS OR OTHER DATA PROVIDED BY OTHER USERS, TO BE UNINTERRUPTED, ACCURATE, USEFUL, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR EQUIPMENT, LOSS OF DATA, OR OTHER HARM THAT RESULTS FROM YOUR USE OF THE B.PLAT SERVICE.
BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.
17. Limitation of Liability and Damages.
UNDER NO CIRCUMSTANCES WILL B.PLAT OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, PAYMENT CARD NETWORKS, OR THIRD-PARTY PARTNERS OR SUPPLIERS (INCLUDING PAYMENT CARD NETWORKS OR PAYMENT PROCESSORS) BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING OR RELATED TO THE B.PLAT SERVICE, EVEN IF B.PLAT OR A B.PLAT AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL B.PLAT’S OR ITS AFFILIATES’, CONTRACTORS’, EMPLOYEES’, AGENTS’, PAYMENT CARD NETWORKS’, OR THIRD PARTY PARTNERS’ OR SUPPLIERS’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE B.PLAT SERVICE (WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE, WARRANTY, OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE B.PLAT SERVICE DURING THE TWELVE (12) MONTHS PRECEDING YOUR CLAIM.
BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
You (and your Subscribing Organization, if applicable) agree to indemnify, defend, and hold B.PLAT, its affiliates, contractors, employees, agents and its affiliates, suppliers (including payment card networks and payment processors), licensors, and partners harmless from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of your use or misuse of the B.PLAT Service, your violation of these Terms or any law or regulation, or any breach of the representations, warranties, and covenants made by you in these Terms. B.PLAT reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify B.PLAT, and you agree to cooperate with our defense of these claims. B.PLAT will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.
19. Digital Millennium Copyright Act Compliance.
B.PLAT respects the intellectual property rights of others and does not permit copyright-infringing activities on the B.PLAT Service. If you are a copyright owner or an agent thereof, and you believe that any content hosted on the B.PLAT Service infringes your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Designated Copyright Agent with the following information in writing (see 17 U.S.C. § 512(c)(3) for further detail):
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the B.PLAT Service are covered by a single notification, a representative list of such works at the B.PLAT Service;
- Identification of 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 B.PLAT to locate the material;
- Information reasonably sufficient to permit B.PLAT to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
- 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; 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 owner of an exclusive right that is allegedly infringed.
- The B.PLAT Designated Copyright Agent to receive notifications of claimed infringement can be reached as follows: Copyright Agent at B.PLAT LLC, 223 Bedford Avenue #1015, Brooklyn, NY 11211, or by email at email@example.com. For clarity, only DMCA notices should go to the B.PLAT Designated Copyright Agent. Any other feedback, comments, requests for technical support or other communications should be directed to B.PLAT customer service through firstname.lastname@example.org. You acknowledge that if you fail to comply with all of these requirements, your DMCA notice may not be valid.
20. Dispute Resolution by Binding Arbitration; Jury Trial Waiver; Class Action Waiver.
For any and all controversies, disputes, demands, claims, or causes of action between you and B.PLAT (including the interpretation and scope of this Section and the arbitrability of the controversy, dispute, demand, claim, or cause of action) relating to the B.PLAT service or these Terms (as well as any related or prior agreement that you may have had with B.PLAT), you and B.PLAT agree to resolve any such controversy, dispute, demand, claim, or cause of action exclusively through binding and confidential arbitration. In the event of any such controversy, dispute, demand, claim, or cause of action, the complaining party must notify the other party in writing. Within 30 days of such notice, you and B.PLAT agree to use reasonable efforts to attempt to resolve the dispute in good faith. If you and B.PLAT do not resolve the dispute within 30 days after such notice, the complaining party may seek remedies exclusively through arbitration. Except as otherwise expressly provided by applicable law, the demand for arbitration must be made within a reasonable time after the controversy, dispute, demand, claim, or cause of action in question arose, and in any event within two years after the complaining party knew or should have known of the controversy, dispute, demand, claim, or cause of action.
The arbitration will take place in the U.S. federal judicial district of your residence. As used in this Section, “we” and “us” mean B.PLAT and its subsidiaries, affiliates, predecessors, successors, and assigns and all of our and their respective employees, officers, directors, agents, and representatives. In addition, “we” and “us” include any third party providing any product, service, or benefit in connection with the Services or these Terms (as well as any related or prior agreement that you may have had with us) if such third party is named as a co-party with B. PLAT in any controversy, dispute, demand, claim, or cause of action subject to this Section.
Arbitration will be subject to the U.S. Federal Arbitration Act and not any state arbitration law. The arbitration will be conducted before one commercial arbitrator from the American Arbitration Association (“AAA”) with substantial experience in resolving commercial contract disputes. As modified by these Terms, and unless otherwise agreed upon by the parties in writing, the arbitration will be governed by the AAA’s Commercial Arbitration Rules and, if the arbitrator deems them applicable, the Supplementary Procedures for Consumer Related Disputes (collectively, the “Rules and Procedures”).
To the maximum extent permitted by applicable law, YOU ARE GIVING UP YOUR RIGHT TO GO TO COURT to assert or defend your rights EXCEPT for matters that you file in small claims court in the state or municipality of your residence or as otherwise provided in the Rules and Procedures within the jurisdictional limits of the small claims court and as long as such matter is only pending in that court. Additionally, notwithstanding the agreement to arbitrate included in this Section, you and B.PLAT may seek emergency equitable relief in federal court if it has jurisdiction or, if it does not, in a state court located in the federal judicial district of your residence in order to maintain the status quo pending arbitration; you and B.PLAT hereby agree to submit to the exclusive personal jurisdiction of the courts located within the federal judicial district of your residence for such purpose. A request for interim measures will not be deemed a waiver of the obligation to arbitrate.
Your rights will be determined by a NEUTRAL ARBITRATOR and NOT A JUDGE OR JURY. You are entitled to a FAIR HEARING, BUT the arbitration procedures may be SIMPLER AND MORE LIMITED THAN RULES APPLICABLE IN COURT. Arbitrators’ decisions are as enforceable as any court order and are subject to VERY LIMITED REVIEW BY A COURT.
You and B.PLAT must abide by the following rules: (a) ANY CLAIMS BROUGHT BY YOU OR B.PLAT MUST BE BROUGHT IN THE PARTY’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING; (b) THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS; MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING; AND MAY NOT AWARD CLASS-WIDE RELIEF; (c) we will pay as much of your filing and hearing fees in connection with the arbitration as required by the Rules and Procedures and/or as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive as compared to the cost of litigation; (d) we also reserve the right, in our sole and exclusive discretion, to assume responsibility for any or all of the costs of the arbitration; (e) the arbitrator will honor claims of privilege and privacy recognized at law; (f) the arbitration will be confidential, and neither you nor B.PLAT may disclose the existence, content, or results of any arbitration, except as may be required by applicable law or for purposes of enforcement of the arbitration award; (g) subject to the limitation of liability provisions of these Terms, the arbitrator may award any individual relief or individual remedies that are expressly permitted by applicable law; and (h) each party will pay its own attorneys’ fees and expenses, unless there is a statutory provision that requires the prevailing party to be paid its fees and litigation expenses and the arbitrator awards such attorneys’ fees and expenses to the prevailing party. In such instance, the fees and costs awarded will be determined by applicable law.
This Section will survive termination of these Terms as well as any voluntary payment of any debt in full by you or any bankruptcy by you or B.PLAT. With the exception of subparts (a) and (b) of this Section (prohibiting arbitration on a class or collective basis), if any part of this Section is deemed to be invalid, unenforceable, or illegal, or otherwise conflicts with the Rules and Procedures, then the balance of this Section will remain in effect and will be construed in accordance with its terms as if the invalid, unenforceable, illegal, or conflicting part was not contained herein. If, however, either subpart (a) or (b) of this Section is found to be invalid, unenforceable, or illegal, then the entirety of this Section will be null and void, and neither you nor we will be entitled to arbitration. If for any reason a controversy, dispute, demand, claim, or cause of action proceeds in court rather than in arbitration, the controversy, dispute, demand, claim, or cause of action will be exclusively brought in federal court if it has jurisdiction or, if it does not, in a state court located in the federal judicial district of your residence.
If you wish to opt out of the agreement to arbitrate included in this Section, you must notify B.PLAT of your election in writing within 30 days of the date that you first became subject to these Terms, or within 30 days of the effective date of any material change to these Terms, by sending a written notice to B.PLAT by certified mail at the following address: B.PLAT LLC., 223 Bedford Ave. #1015, Brooklyn, NY 11211; Attn: Arbitration Opt-Out. Your opt-out notice must include your name, address, phone number, and email address.
For more information on the AAA, the Rules and Procedures, and the process for filing an arbitration claim, you may call the AAA at 800-778-7879 or visit the AAA website at http://www.adr.org.
22. Opting out.
If you no longer wish to be a part of the B.PLAT program and earn rewards for your transactions and your referred friends’ transaction at participating merchants, simply unenroll your card from the program. Click the “Payment” button on your account setting page and click the “three dots” button next to the card you wish to unenroll from the program.
The services hereunder are offered by B.PLAT LLC., located at 223 Bedford Ave. #1015, Brooklyn, NY 11211; B.PLAT may be contacted by email at email@example.com. If you are a California resident, you may have this same information emailed to you by sending a letter to the foregoing address with your email address and a request for this information.