Bounce, Inc Terms of Service
Last Updated: 27th December 2021
Welcome, and thank you for your interest in Bounce, Inc. d/b/a Bounce (“Bounce,” “we,” or “us”) and our website at www.usebounce.com, along with our related websites, networks, applications, and other services provided by us that reference these terms (collectively, including the Storage Services, Package Receiving Services, and Platform Services as defined below, the “Services”). These Terms of Service are a legally binding contract between you and Bounce regarding your use of the Services.
PLEASE READ THE FOLLOWING TERMS CAREFULLY.
ARBITRATION NOTICE. Except for certain kinds of disputes described in Section 18, you agree that all disputes arising under or in connection with these Terms will be resolved between you and Bounce by binding, individual arbitration, and BY ACCEPTING THESE TERMS, YOU AND BOUNCE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under this contract (except for matters that may be taken by you or Bounce to small claims court). Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury (see Section 18).
Bounce Services Overview.
Bounce makes available to eligible users certain technology (which may be made available to you via web browser, mobile app, or other means) (the “Bounce Platform”) that allow you to receive the following services, all of which can be individually or collectively referred to as “Platform Services”:
Storage Services using the Bounce Platform you can make reservations and pay for short-term storage of personal items (those items, “Items,” and those storage services, when reserved and paid for via the Bounce Platform are called “Storage Services”) and are provided at a variety of physical locations operated by independently owned and operated businesses that act as subcontractors to Bounce (each, a “Store Operator”).
Transportation Services using the Bounce Platform, you can make reservations and pay for transportation of your items between Bounce locations, your home, or other designated locations.
Package Receiving Services using the Bounce Platform, you can sign up for an alternative delivery address to receive your personal packages at a Store Operator location, sometimes referred to as a “Bounce Location.”.
Other services may be offered via the Bounce Platform as part of our Platform Services.
Bounce has arranged to have the Store Operators assist Bounce (as its subcontractors) in providing the Platform Services to you. However, you agree that your contract with respect to the Platform Services is with Bounce and that, as among you, Bounce, and the Store Operator, Bounce is exclusively responsible for all customer service, claims, payment, loss or damage to Items, and other issues that may arise in connection with the Platform Services. Under no circumstances are you to give money to the Store Operator. Any questions or concerns should first be addressed to Bounce Customer Support (usebounce.com/support).
You understand that any products and services provided to you by a Store Operator other than Platform Services are not subject to these Terms, that those other products and services are priced locally by and subject to separate terms with the Store Operator, and that you must pay the Store Operator directly for such products and services at the time of purchase or provision of those products or services.
Your reservation for Storage Services will include storage for your Items for the period specified in the applicable reservation (the “Storage Period”). Each Item that you store via the Storage Services will be tagged with a tag containing a unique tag number for each applicable reservation (a “Tag Number”). You are responsible for retrieving your Items from the Store Operator before the end of the Storage Period. You must show an image of the applicable Tag Number to the Store Operator to retrieve your Item from the applicable Store Operator. The applicable Store Operator will presume that any person possessing an image of the Tag Number has authority to retrieve the Item and will provide the Item to any such person. At the end of the Storage Period, if your Item has not been claimed, Bounce may, in its option, extend your reservation at the then-current applicable rate for Storage Services, or the applicable Store Operator may contact Bounce to transfer possession of the Item to Bounce or a Bounce representative. You hereby consent to the extension of your reservation for Storage Services to cover the full period that your Item is in the possession of the Store Operator and/or the Store Operator’s transfer of possession of Items to Bounce at the end of the Storage Period, whether or not you receive notice from Bounce or the Store Operator that the Storage Period has ended. You must contact Bounce to arrange for the recovery of your Item. If the payment attempt to extend your reservation fails, or if you are unreachable by Bounce or the Store Operator, then the Store Operator is given the right to dispose of your items at their discretion. You hereby consent to the Store Operator taking the above-described actions with respect to your Items and waive any and all claims you may have against the Store Operator or its franchisor or any of their affiliates or other related entities arising therefrom or related thereto. (The Store Operator’s franchisor, and any affiliates and other entities related to the Store Operator or to its franchisor, are, collectively, the Store Operator’s “Affiliates.”)
Your usage of the Package Receiving Service is limited to the number of packages included in your Plan and is only valid if payment is received. You agree to be charged for additional packages beyond your plan limit. You also agree to be charged for an oversized item fee if the store deems your package as oversized. Additionally, you agree to be charged for late fees if you do not pickup your package within the designated time limit. You also agree that the Store Operator has the right to reject any package that he or she is not comfortable accepting including oversized items. You agree to not send any oversized packages including mattresses or appliances or anything weighing more than 25lbs without prior written approval from Bounce. If the Store Operator accepts your package anyways, you agree to be charged an additional oversized item fee. You agree that if you sign up for the unlimited plan, Bounce may add additional restrictions including a cap on the number of monthly shipments. You agree that the Store Operator or Bounce can decide at any time to stop offering this service to you for any reason or no reason at all. You agree that Bounce or the Store Operator is not liable for any packages that did not arrive to the Store Operator location or any items that were later misplaced. Bounce has a General Liability Insurance Policy that covers damages in case of fires, floods, or other circumstances. At Bounce’s sole discretion, we can reimburse you for damages to your packages or items per Section 6 below however you are not entitled to any reimbursement that Bounce has not agreed to.
Eligibility. You must be at least 18 years old to use the Services. By agreeing to these Terms, you represent and warrant to us that: (a) you are at least 18 years old; (b) you have not previously been suspended or removed from or prohibited from using any of the Services; and (c) your registration and your use of the Services is and will be in compliance at all times with any and all applicable laws and regulations. If you are an entity, organization, or company, the individual accepting these Terms on your behalf represents and warrants that they have authority to bind you to these Terms.
Accounts and Registration. To access most features of the Services, you must register for an account. When you register for an account, you may be required to provide us with some information about yourself, such as your name, email address, and other contact information. You agree that the information you provide to us is accurate and that you will keep it accurate and up-to-date at all times. When you register, you may be asked to provide a password. You are solely responsible for maintaining the confidentiality of your account and password, and you accept responsibility for all activities that occur under your account. If you believe that your account is no longer secure, then you must immediately notify us at usebounce.com/support.
General Payment Terms. In order to use certain features of the Services, you may be required to pay fees. Before you pay any fees, you will have an opportunity to review and accept the fees that you will be charged. Unless otherwise expressly specified, all fees are in U.S. Dollars and are non-refundable.
Price. Bounce reserves the right to determine pricing for the Services. Bounce will use commercially reasonable efforts to keep any pricing information published on Bounce’s website up to date. We encourage you to check our website periodically for current pricing information. Bounce may change the fees for the Platform Services and any other feature of the Services, including additional fees or charges. Bounce, in its sole discretion, may make promotional offers with different features and different pricing to any of Bounce’s customers. These promotional offers, unless made to you, will not apply to you or these Terms.
Service Fee. Bounce may charge a service fee for each booking or bag stored that is added to the total per-bag cost of the reservation.
Authorization. You authorize Bounce to charge all sums for the Services you select, as described in these Terms or published by Bounce, including all applicable taxes, to the payment method specified in your account. If you pay any fees with a credit card, Bounce may seek pre-authorization of your credit card account prior to your purchase to verify that the credit card is valid and has the necessary funds or credit available to cover your purchase.
Subscription Services. The Services may include automatically recurring payments for periodic charges (“Subscription Services”). If you activate a Subscription Service, you authorize Bounce to periodically charge, on a going-forward basis and until cancellation of either the recurring payments or your account, all accrued sums on or before the payment due date for the accrued sums. The “Subscription Billing Date” is the date when you purchase your first subscription to the applicable Subscription Service. For information on the “Subscription Fee,” please see www.usebounce.com. Your account will be charged automatically, on the Subscription Billing Date, all applicable fees and taxes for the next subscription period. The subscription will continue unless and until you cancel your subscription or we terminate it. You must cancel your subscription before it renews in order to avoid billing of the next periodic Subscription Fee to your account. We will bill the periodic Subscription Fee to the payment method you provide to us during registration (or to a different payment method if you change your payment information). You may cancel the Subscription Services by contacting us at usebounce.com/support.
Delinquent Accounts. Bounce may suspend or terminate access to the Services for any account for which any amount is due but unpaid. In addition to the amount due for the Services, a delinquent account may be charged with fees or charges that are incidental to any chargeback or collection of the unpaid amount, including collection fees.
Shipped Item Fee. Any items stored by the customer that are not picked up by the reservation check-out time are considered abandoned and are no longer protected by Bounce nor covered by the BounceShield Protection. Some storage locations require that abandoned items are promptly shipped out of the facility. In the event of an item not being picked up on time, the storage facility has the right to ship the item out without notice to the customer. When this happens, the Customer will be charged a $100 Shipped Item Fee. To retrieve the item(s) that have been shipped away, the customer will have to pay this Shipped Item Fee, plus an Additional Shipping Fee to ship the item(s) to their requested location, plus the additional storage time at the same rate as the prior reservation. The Customer must pay all these fees prior to their item(s) being returned to them.
Waiver. Bounce is solely and exclusively responsible for all payment-related issues that may arise in connection with your use of the Platform Services. You hereby waive any and all claims of any nature whatsoever against the Store Operators and any of their parent and related entities, that relate to or arise out of payment for Platform Services.
Bounce Credits. Bounce may offer Bounce Credits to users. Bounce Credits are not redeemable for cash. Bounce credits can be revoked, limited, or not honored by Bounce at any time at Bounce’s sole discretion, including before the expiration date listed on the credits.
Prohibited Items. You may not use the Platform Services to store, receive, or transport: (a) any items whose possession or transportation is illegal under any applicable laws, including the laws of the location(s) where such items are to be stored or transported; or (b) weapons, firearms, ammunition, explosive items or substances, flammable liquids or gasses, pesticides or other toxic chemicals, live animals, agricultural products, perishable items, alcoholic beverages, drugs or other controlled substances that are not prescribed to you or purchased over-the-counter for your own personal use, cash or cash equivalents, lottery tickets, stocks, bonds, money orders, items the value of which is subjective or sentimental, jewelry, precious stones, jewels, precious metals, gift cards, irreplaceable items (e.g., antiques, paintings), medicines, immigration documents, and other valuables and perishables; (c) any other items that the applicable Store Operator specifies are prohibited. The items identified in (a), (b), and (c) are collectively called “Prohibited Items” in these Terms. Bounce and the Store Operators have no obligation to insure or protect Prohibited Items against loss or damage. Bounce and the applicable Store Operator has the right to inspect all items you deposit in connection with the Platform Services and to reject any Prohibited Items or other items that, in Bounce’s or the applicable Store Operator’s reasonable discretion, present a danger to the Store Operator’s personnel, other customers, or the public. Bounce and the Store Operators may convey to law enforcement authorities any item the possession, storage, or transportation of which may violate applicable law. You should contact Bounce if a Store Operator rejects an Item and Bounce will handle all customer service, refund, and other issues arising out of such rejection.
Bounce may decide, at its sole discretion, to compensate you for loss or damage to your property subject to limitations, exclusions, and conditions below. The BounceShield Protection, also referred to as the “Bounce Guarantee,”applies to loss or damage that occurred while using Storage Services with Bounce. For Package Receiving Services, the BounceShield Protection is only applicable for loss or damage that occurs due to property damage that occurs to the Store Operator Location such as a flood, a fire, or a natural disaster and is subject to the same terms below. Package theft or any claims of damage to the items being received is not covered under the Bounce Guarantee. No Guarantee is provided for Transportation Services provided by Bounce.
You agree to read all terms before leaving Items with a Store Operator so you understand the compensation policy and do not violate any of the terms below or invalidate the Bounce Guarantee.
You understand and agree that this Guarantee is offered at Bounce’s sole discretion. Regardless of if any of the conditions apply or violations are broken, you are not entitled to anything from Bounce that is not approved by Bounce. Bounce may reject your claim at its own judgement. You agree that Bounce’s decision on any compensation will be final and binding.
Bounce will issue compensation up to a total of US$10,000 per claim.
The guarantee is a service provided by Bounce in connection with the Storage Services and does not constitute a contract of insurance, and is offered at the discretion of Bounce as outlined in this clause.
To activate BounceShield Protection, you must follow all check-in procedures for each bag stored including having made an online booking, having taken a photo taken of each tagged bag at the time of drop-off, and following any other on-screen instructions. Failure to complete any of these steps will void the BounceShield Protection.
You must notify Bounce about the loss or damage to your Items for which you wish to invoke the guarantee by sending an email to us within 24 hours of the scheduled end of your applicable reservation for Storage Services.
The guarantee covers any standard Items allowed by these Terms that are stored using the Storage Services. It is, however, your responsibility to provide evidence beyond a reasonable doubt that the Items were damaged or lost while being stored as part of the Storage Services.
To be eligible for reimbursement, the customer must not have intentionally or unintentionally caused any damage to Bounce’s brand or reputation.
Prohibited Items are not covered by the guarantee.
Items that were not handled or packaged safely by you or that remain easily subject to damage despite reasonable handling and packaging are not covered by the guarantee, including but not limited to: vases, fragile glass items, art paintings, photos, liquids etc.
Bounce will compensate you for the value of the Items up to the amount specified above, taking into account the Items’ initial value as well as any loss caused by wear and tear. The compensated value will be decided completely at Bounce’s discretion.
A valid Bounce reservation for Storage Services for the applicable Item needs to be presented for the guarantee to be in effect.
You must not have received any compensation from any insurer or other party with respect to the loss for which you are presenting the claim. You must be prepared to disclose any relevant communication with your insurance company or other compensating party to us. Failure to do so will automatically result in the claim being rejected.
If any conditions or terms in this entire Terms of Service agreement are broken, you will automatically be disqualified from the guarantee.
Burden of Proof. In order for the guarantee to be in effect you need to be able to prove the following:
All relevant details regarding the exact Items that were stored in your booking for Storage Services with Bounce.
The condition of the Items immediately before they were tendered for Storage Services.
The condition at the time you retrieved the Items, whether from the applicable Store Operator or directly from Bounce.
The value of each item included in the claim.
Failure to provide adequate documentation of the requirements listed above will automatically give grounds for a rejection of the claim. Whether or not the evidence provided is to be considered adequate will be decided at Bounce’s discretion.
Cooperation. Upon request, you will cooperate and communicate with relevant parties, such as the applicable Store Operator and law enforcement, in resolving a claim. You will also cooperate with the Store Operators and their Affiliates in connection with all security measures that are currently in place, and that may be in place in the future, relating to the handling, storage, retrieval, and shipping of items.
Other Non-covered Claims. Under no circumstances is Bounce responsible for any costs outside of the Bounce reservation. Bounce is not responsible for the cost of transportation to or from storage locations nor additional accommodation or flights booked as a result of not being able to locate or access storage locations.
Limited License. Subject to your complete and ongoing compliance with these Terms, Bounce grants you, solely for your personal, non-commercial use, a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to: (a) access and use the Services; and (b) install and use one object code copy of any mobile application associated with the Services obtained from a legitimate marketplace on a mobile device that you own or control.
License Restrictions. Except and solely to the extent such a restriction is impermissible under applicable law, you may not: (a) reproduce, distribute, publicly display, or publicly perform the Services; (b) make modifications to the Services; or (c) interfere with or circumvent any feature of the Services, including any security or access control mechanism. If you are prohibited under applicable law from using a Service, you may not use it.
No Website Scraping. Under no circumstances are you permitted to access the Bounce website, mobile application, or other properties, for the purpose of obtaining information about Store Operators, locations, or any other information that isn’t for the direct purpose of engaging in a transaction with Bounce. If you, individually or on behalf of another company or service, engage in this behavior, you agree to pay Bounce a fine of $1,000 multiplied by the number of instances data was improperly collected on a Store Operator. For avoidance of doubt, this means that if you obtain data on 10 store operators, you agree to pay a fine of $10,000.
Feedback. If you choose to provide input and suggestions regarding problems with or proposed modifications or improvements to the Services (“Feedback”), then you hereby grant Bounce an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right to exploit the Feedback in any manner and for any purpose, including to improve the Services and create other products and services.
Ownership; Proprietary Rights. As between you and Bounce, the Services are owned and operated by Bounce. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the Services (“Materials”) provided by Bounce are protected by intellectual property and other laws. All Materials included in the Services are the property of Bounce or its third party licensors. Except as expressly authorized by Bounce, you may not make use of the Materials. Bounce reserves all rights to the Materials not granted expressly in these Terms. You hereby release the Store Operators and their Affiliates from any and all claims related to the Services or the Materials.
Third Party Terms
Third Party Services and Linked Websites. Bounce may provide tools through the Services that enable you to export information, including User Content, to third party services. By using one of these tools, you agree that Bounce may transfer that information to the applicable third party service. Third party services are not under Bounce’s control, and, to the fullest extent permitted by law, Bounce is not responsible for any third party service’s use of your exported information. The Services may also contain links to third party websites. Linked websites are not under Bounce’s, the Store Operators’, or their Affiliates’ control, and Bounce, the Store Operators, and their Affiliates are not responsible for their content.
Third Party Software. The Services may include or incorporate third party software components that are generally available free of charge under licenses granting recipients broad rights to copy, modify, and distribute those components (“Third Party Components”). Although the Services are provided to you subject to these Terms, nothing in these Terms prevents, restricts, or is intended to prevent or restrict you from obtaining Third Party Components under the applicable third party licenses or to limit your use of Third Party Components under those third party licenses.
User Content Generally Certain features of the Services may permit users to upload content to the Services, including messages, reviews, photos, video, images, folders, data, text, and other types of works (“User Content”) and to publish User Content on the Services. You retain any copyright and other proprietary rights that you may hold in the User Content that you post to the Services.
Limited License Grant to Bounce. By providing User Content to or via the Services, you grant Bounce a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully paid right and license (with the right to sublicense) to host, store, transfer, display, perform, reproduce, modify for the purpose of formatting for display, and distribute your User Content, in whole or in part, in any media formats and through any media channels now known or hereafter developed.
Limited License Grant to Other Users. By providing User Content to or via the Services to other users of the Services, you grant those users a non-exclusive license to access and use that User Content as permitted by these Terms and the functionality of the Services.
User Content Representations and Warranties. Bounce, the Store Operators, and their Affiliates disclaim any and all liability in connection with User Content. You are solely responsible for your User Content and the consequences of providing User Content via the Services. By providing User Content via the Services, you affirm, represent, and warrant that:
you are the creator and owner of the User Content, or have the necessary licenses, rights, consents, and permissions to authorize Bounce and users of the Services to use and distribute your User Content as necessary to exercise the licenses granted by you in this Section, in the manner contemplated by Bounce, the Services, and these Terms;
your User Content, and the use of your User Content as contemplated by these Terms, does not and will not: (i) 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; (ii) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; or (iii) cause Bounce, the Store Operators, or their Affiliates to violate any law or regulation; and
your User Content could not be deemed by a reasonable person to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate.
User Content Disclaimer. We are under no obligation to edit or control User Content that you or other users post or publish, and will not be in any way responsible or liable for User Content. Bounce may, however, at any time and without prior notice, screen, remove, edit, or block any User Content that in our sole judgment violates these Terms or is otherwise objectionable. You understand that when using the Services you will be exposed to User Content from a variety of sources and acknowledge that User Content may be inaccurate, offensive, indecent, or objectionable. You agree to waive, and do waive, any legal or equitable right or remedy you have or may have against Bounce, the Store Operators, and their Affiliates with respect to User Content. If notified by a user or content owner that User Content allegedly does not conform to these Terms, we may investigate the allegation and determine in our sole discretion whether to remove the User Content, which we reserve the right to do at any time and without notice. For clarity, Bounce does not permit copyright-infringing activities on the Services.
Push Notifications. If you install an app provided by Bounce on your mobile device, you agree to receive push notifications, which are messages an app sends you on your mobile device when the app is not on. You can turn off notifications by visiting your mobile device’s “settings” page.
Email. We may send you emails concerning our products and services, as well as those of third parties. You may opt out of promotional emails by following the unsubscribe instructions in the promotional email itself.
Prohibited Conduct. BY USING THE SERVICES YOU REPRESENT AND WARRANT TO BOUNCE, THE STORE OPERATORS, AND THEIR AFFILIATES THAT YOU WILL NOT:
use the Services for any illegal purpose or in violation of any local, state, national, or international law;
violate, or encourage others to violate, any right of a third party, including by infringing or misappropriating any third party intellectual property right;
interfere with security-related features of the Services, including by: (i) disabling or circumventing features that prevent or limit use or copying of any content; or (ii) reverse engineering or otherwise attempting to discover the source code of any portion of the Services except to the extent that the activity is expressly permitted by applicable law;
perform any fraudulent activity including impersonating any person or entity, claiming a false affiliation, accessing any other Services account without permission;
sell or otherwise transfer the access granted under these Terms or any Materials or any right or ability to view, access, or use any Materials;
collect content or information from any portion of the Services using automated means (including through use of any robot, spider, site search/retrieval application, or other device or method to retrieve, index, “scrape,” or “data mine”);
use any content or information about businesses or users that is available on any portion of the Services to solicit business from those businesses or users; or
attempt to do any of the acts described in this Section 12 or assist or permit any person in engaging in any of the acts described in this Section 12.
Modification of these Terms. Bounce reserves the right to change these Terms on a going-forward basis at any time. Please check these Terms periodically for changes. Except when a change is implemented to ensure compliance with applicable law, if a change to these Terms materially modifies your rights or obligations, you may be required to confirm your acceptance of the modified Terms in order to continue to use the Services. Such material modifications are effective upon your acceptance of the modified Terms. Immaterial modifications or changes implemented to ensure compliance with applicable law are effective upon publication. Except as expressly permitted in this Section 13, these Terms may be amended only by a written agreement signed by authorized representatives of you and Bounce. Disputes arising under these Terms will be resolved in accordance with the version of these Terms that was in effect at the time the dispute arose.
Term, Termination and Modification of the Service
Term. These Terms are effective beginning when you accept the Terms or first download, install, access, or use any of the Services, and ending when terminated as described in these Terms.
Termination. If you violate any provision of these Terms, your authorization to access the Services and these Terms will, in Bounce’s discretion, automatically terminate. In addition, Bounce may, at its sole discretion, terminate these Terms or your account on the Services, or suspend or terminate your access to the Services, at any time for any reason or no reason, with or without notice. You may terminate your account and these Terms at any time by contacting customer service at usebounce.com/support.
Effect of Termination. Upon termination of these Terms: (a) your license rights will terminate and you must immediately cease all use of the Services; (b) you will no longer be authorized to access your account or the Services; (c) you must pay Bounce any unpaid amount that was due prior to termination; (d) all payment obligations accrued prior to termination and all other provisions of these Terms that, by their nature or express terms, should survive termination, shall survive.
Modification of the Service. Bounce reserves the right to modify or discontinue the Services at any time (including by limiting or discontinuing certain Services or features of the Services), temporarily or permanently, without notice to you. Bounce, the Store Operators, and their Affiliates will have no liability for any change to the Services or any suspension or termination of your access to or use of the Services.
Indemnity. To the fullest extent permitted by law, you are responsible for your use of the Services, and you will defend and indemnify Bounce and its officers, directors, employees, consultants, affiliates, subsidiaries and agents (together, the “Bounce Entities”) and the Store Operators and each of their officers, directors, employees, consultants, Affiliates, subsidiaries and agents (together with the Bounce Entities, the “Indemnitees”) from and against every claim brought by a third party, and any related liability, damage, loss, and expense, including reasonable attorneys’ fees and costs, arising out of or connected with: (a) your use of, or misuse of, the Services; (b) your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; (c) your violation of any third party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; or (d) any dispute or issue between you and any third party. The applicable Indemnitee(s) reserve the right, at their own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with their defense of those claims.
Disclaimers; No Warranties THE SERVICES AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICES ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. BOUNCE, THE STORE OPERATORS, AND THEIR AFFILIATES DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SERVICES, AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICES, INCLUDING: (A) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (B) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. BOUNCE, THE STORE OPERATORS, AND THEIR AFFILIATES DO NOT WARRANT THAT THE SERVICES, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE SERVICES, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND BOUNCE, THE STORE OPERATORS, AND THEIR AFFILIATES DO NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICES OR BOUNCE ENTITIES, STORE OPERATORS, OR THEIR AFFILIATES, OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICES WILL CREATE ANY WARRANTY REGARDING ANY OF THE BOUNCE ENTITIES, THE STORE OPERATORS, THEIR AFFILIATES, OR THE SERVICES THAT IS NOT EXPRESSLY STATED IN THESE TERMS. WE ARE NOT RESPONSIBLE FOR ANY DAMAGE THAT MAY RESULT FROM YOUR DEALING WITH ANY OTHER SERVICE USER. YOU UNDERSTAND AND AGREE THAT YOU USE THE SERVICES AT YOUR OWN DISCRETION AND RISK, AND THAT, OTHER THAN AS SET FORTH ABOVE WITH RESPECT TO BOUNCE IN SECTION 6 (THE BOUNCE SAFEKEEPING GUARANTEE), BOUNCE, THE STORE OPERATORS, AND THEIR AFFILIATES ARE NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE SERVICES) OR ANY LOSS OF DATA, INCLUDING USER CONTENT. THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. Bounce does not disclaim any warranty or other right that Bounce is prohibited from disclaiming under applicable law.
Limitation of Liability TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE BOUNCE ENTITIES, THE STORE OPERATORS, OR THEIR AFFILIATES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICES OR ANY MATERIALS OR CONTENT ON THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY BOUNCE ENTITY, STORE OPERATOR, OR ANY OF THEIR AFFILIATES HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE. EXCEPT AS PROVIDED IN SECTION 6 AND TO THE FULLEST EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF THE BOUNCE ENTITIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE SERVICES, OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE GREATER OF: (A) THE AMOUNT YOU HAVE PAID TO BOUNCE FOR ACCESS TO AND USE OF PLATFORM SERVICES IN THE 12 MONTHS PRIOR TO THE EVENT OR CIRCUMSTANCE GIVING RISE TO CLAIM; OR (B) $100; AND, AS BETWEEN YOU AND THE STORE OPERATORS, THE STORE OPERATORS AND THEIR AFFILIATES SHALL HAVE NO LIABILITY WHATSOEVER IN CONNECTION WITH SUCH CLAIMS. EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION 17 WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. ANY CLAIM FOR LOSS, MISHANDLING, THEFT, OR CONVERSION OF, OR DAMAGE TO, AN ITEM TENDERED TO A STORE OPERATOR SHALL BE FILED DIRECTLY WITH, AND IS THE RESPONSIBILITY OF, BOUNCE AND NOT THE STORE OPERATOR OR ITS AFFILIATES. YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY LOSS, MISHANDLING, THEFT, OR CONVERSION OF, OR DAMAGE TO THE ITEMS STORED, IS TO FILE A CLAIM WITH BOUNCE AS SET FORTH IN THESE TERMS. YOU HEREBY WAIVE ANY AND ALL CLAIMS THAT YOU MAY HAVE AGAINST THE STORE OPERATORS AND THEIR AFFILIATES ARISING FROM OR RELATING TO THE LOSS, MISHANDLING, THEFT, OR CONVERSION OF, OR DAMAGE TO, ANY ITEMS TENDERED TO THE STORE OPERATOR FOR PLATFORM SERVICES.
Dispute Resolution and Arbitration
Generally. In the interest of resolving disputes between you and Bounce in the most expedient and cost effective manner, and except as described in Section 18.2 and 18.3, you and Bounce agree that every dispute arising in connection with these Terms or the Services will be resolved between you and Bounce by binding arbitration. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or relating to the Services or to any aspect of these Terms, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND BOUNCE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION AND YOU ARE WAIVING ANY AND ALL CLAIMS AGAINST THE STORE OPERATORS AND THEIR AFFILIATES ARISING OUT OF OR IN CONNECTION WITH, OR RELATING TO, THE SERVICES.
Exceptions. Despite the provisions of Section 18.1, nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of you or Bounce to: (a) bring an individual action against the other in small claims court; (b) pursue an enforcement action against the other through the applicable federal, state, or local agency if that action is available; (c) seek injunctive relief against the other in a court of law in aid of arbitration; or (d) to file suit against the other in a court of law to address an intellectual property infringement claim.
Opt-Out. If you do not wish to resolve disputes by binding arbitration, you may opt out of the provisions of this Section 18 within 30 days after the date that you agree to these Terms by sending a letter to Bounce, Inc., Attention: Legal Department – Arbitration Opt-Out, 340 S Lemon Ave #7422, Walnut, CA 91789, United States that specifies your full legal name, the email address associated with your account on the Services, and a statement that you wish to opt out of arbitration (“Opt-Out Notice”). Once Bounce receives your Opt-Out Notice, this Section 18 will be void and any action arising out of these Terms will be resolved as set forth in Section 19.2. The remaining provisions of these Terms will not be affected by your Opt-Out Notice.
Arbitrator. Any arbitration between you and Bounce will be settled under the Federal Arbitration Act and administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (collectively, “AAA Rules”) as modified by these Terms. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting Bounce. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement.
Notice of Arbitration; Process. A party who intends to seek arbitration must first send a written notice of the dispute to the other party by certified U.S. Mail or by overnight courier (signature required) or, only if that other party has not provided a current physical address, then by electronic mail (“Notice of Arbitration”). Bounce’s address for Notice is: Bounce, Inc., 340 S Lemon Ave #7422, Walnut, CA 91789, United States. The Notice of Arbitration must: (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice of Arbitration is received, you or Bounce may commence an arbitration proceeding. All arbitration proceedings between the parties will be confidential unless otherwise agreed by the parties in writing. During the arbitration, the amount of any settlement offer made by you or Bounce must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. If the arbitrator awards you an amount higher than the last written settlement amount offered by Bounce in settlement of the dispute prior to the award, Bounce will pay to you the higher of: (i) the amount awarded by the arbitrator; or (ii) $10,000.
Fees. If you commence arbitration in accordance with these Terms, Bounce will reimburse you for your payment of the filing fee, unless your claim is for more than $10,000, in which case the payment of any fees will be decided by the AAA Rules. Any arbitration hearing will take place at a location to be agreed upon in San Francisco, California but if the claim is for $10,000 or less, you may choose whether the arbitration will be conducted: (a) solely on the basis of documents submitted to the arbitrator; (b) through a non-appearance based telephone hearing; or (c) by an in-person hearing as established by the AAA Rules in the county (or parish) of your billing address. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse Bounce for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.
No Class Actions. YOU AND BOUNCE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Bounce agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
Modifications to this Arbitration Provision. If Bounce makes any future change to this arbitration provision, other than a change to Bounce’s address for Notice of Arbitration, you may reject the change by sending us written notice within 30 days of the change to Bounce’s address for Notice of Arbitration, in which case your account with Bounce will be immediately terminated and this arbitration provision, as in effect immediately prior to the changes you rejected will survive
Enforceability. If Section 18.7 or if the entirety of this Section 18 is found to be unenforceable, or if Bounce receives an Opt-Out Notice from you, then the entirety of this Section 18 will be null and void and, in that case, the exclusive jurisdiction and venue described in Section 19.2 will govern any action arising out of or related to these Terms.
Governing Law. These Terms are governed by the laws of the State of California without regard to conflict of law principles that would result in the application of the laws of another jurisdiction. You and Bounce submit to the personal and exclusive jurisdiction of the state courts and federal courts located within San Francisco, California for resolution of any lawsuit or court proceeding permitted under these Terms. Bounce operates the Services from our offices in California, and we make no representation that Materials included in the Services are appropriate or available for use in other locations.
Additional Terms. Your use of the Services is subject to all additional terms, policies, rules, or guidelines applicable to the Services that we may post on or link to from the Services (the “Additional Terms”). All Additional Terms are incorporated by this reference into, and made a part of, these Terms.
Third Party Beneficiaries. You agree that the Store Operators and their Affiliates are third party beneficiaries of these Terms.
Contact Information. The Services are offered by Bounce, Inc., located at Bounce, Inc. 340 S Lemon Ave #7422, Walnut, CA 91789, United States. You may contact us by sending correspondence to that address or by writing into our Support Chat. Bounce has sole responsibility for handling all customer support-related issues related to the Services and any such issues should be raised with Bounce and not with the Store Operator or its Affiliates.
Notice to California Residents. If you are a California resident, under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210 in order to resolve a complaint regarding the Services or to receive further information regarding use of the Services.
No Support. We are under no obligation to provide technical support for the Services. In instances where we may offer technical support, the support will be subject to published policies.
International Use. The Services are intended for residents and visitors located within the United States. We make no representation that the Services are appropriate or available for use outside of the United States. Access to the Services from countries or territories or by individuals where such access is illegal is prohibited.
Notice Regarding Apple. This Section 20 only applies to the extent you are using our mobile application on an iOS device. You acknowledge that these Terms are between you and Bounce only, not with Apple Inc. (“Apple”), and Apple is not responsible for the Services or the content thereof. Apple has no obligation to furnish any maintenance and support services with respect to the Services. If the Services fail to conform to any applicable warranty, you may notify Apple and Apple will refund any applicable purchase price for the mobile application to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation with respect to the Services. Apple is not responsible for addressing any claims by you or any third party relating to the Services or your possession and/or use of the Services, including: (a) product liability claims; (b) any claim that the Services fails to conform to any applicable legal or regulatory requirement; or (c) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement, and discharge of any third party claim that the Services and/or your possession and use of the Services infringe a third party’s intellectual property rights. You agree to comply with any applicable third party terms when using the Services. Apple and Apple’s subsidiaries are third party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary of these Terms. You hereby represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.