Terms of use

Last updated: December 15, 2022

IMPORTANT NOTICE REGARDING ARBITRATION: PLEASE NOTE THAT CLAUSE 11 CONTAINS A BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER. EXCEPT FOR CERTAIN TYPES OF DISPUTES MENTIONED IN THAT CLAUSE, YOU AND BEDOFU AGREE TO RESOLVE ANY DISPUTES BETWEEN US THROUGH BINDING, INDIVIDUAL ARBITRATION RATHER THAN IN COURT, AND YOU AND BEDOFU WAIVE ANY RIGHT TO PARTICIPATE IN CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. PLEASE REVIEW CLAUSE 11 CAREFULLY FOR DETAILS REGARDING ARBITRATION AND CLASS ACTION WAIVER. YOU HAVE THE RIGHT TO OPT-OUT OF ARBITRATION AS EXPLAINED IN THE ARBITRATION CLAUSE.

Thank you for visiting www.Bedofu.com (the “Site”). These Terms of Use (“Terms” or “Agreement”) contain terms and conditions that govern your access to and use of the Site and services and features provided by us through the Site and is a legally binding agreement between you or the entity you represent (“you” or “your”) and BEDOFU International Trade LLC, a limited liability company incorporated under the laws of the State of New York (“BEDOFU,” “we,” “us” or “our”). Please read these Terms of Use carefully before using the Site.

You represent to us that you are lawfully able to enter into contracts. If you are entering into this Agreement for an entity, such as the company you work for, you represent to us that you have legal authority to bind that entity.

Your Agreement to These Terms
Eligibility
Site Information
Privacy Policy
Your Content
Our Intellectual Property Rights
Third-Party Links and Content
Acceptable Use Policy
Indemnity
Dispute Resolution, Arbitration, And Class Waiver
Governing Law & Venue
Other Terms
Modifications
Contact

1. Your Agreement to These Terms

By accessing or using our Site and any of our services or features that are subject to these Terms, you agree that you have read, understood, and agree to be bound by these Terms and any other terms that are incorporated by reference in these Terms, including our Privacy Policy.

YOU MAY NOT USE OUR SITE IF YOU DO NOT AGREE TO THESE TERMS

Certain services or features may be subject to additional or separate terms and conditions. All such terms and conditions are hereby expressly incorporated herein by reference. If there is a conflict between these Terms and such other terms and conditions, such other terms and conditions shall control.

2. Eligibility

You must be at least the age of majority in your jurisdiction to use our Site (generally 18 or above). All users who are minors in the jurisdiction in which they reside or under 13 years old are not permitted to access or use the Site.

In addition, you represent to us that you and the company you represent, or any party that owns or controls you or the company you represent, are (1) not subject to sanctions or otherwise designated on any list of prohibited or restricted parties, including but not limited to the lists maintained by the United Nations Security Council, the U.S. Government (i.e., the Specially Designated Nationals List and Foreign Sanctions Evaders List of the U.S. Department of Treasury and the Entity List of the U.S. Department of Commerce), the European Union or its Member States, or other applicable government authority and (2) not located in any country subject to a comprehensive sanctions program implemented by the United States.

3. Site Information

We will use reasonable efforts to include accurate and up-to-date information on our Site but makes no warranties or representations of any kind as to its accuracy, currency or completeness. You agree that access to and use of the Site and the content thereof is at your own risk. We disclaim all warranties, express or implied, including warranties of merchantability or fitness for a particular purpose. Neither BEDOFU nor any party involved in creating, producing or delivering this Site shall be liable for any damages, including without limitation, direct, incidental, consequential, indirect or punitive damages, arising out of access to, use of or inability to use this Site, or any errors or omissions in the content thereof. This limitation includes damages to, or for any viruses that infect, your computer equipment.

4. Privacy Policy

We have created a Privacy Policy to inform you about the kind of information we may collect and how we may use it. Please review our Privacy Policy. carefully.

5. Your Content

Your Content. Our Site may offer features such as message boards, e-mail, blog feeds, social media feeds, online forums, and other interactive functions (collectively, “Forums”), to which you may be able to interact with us or other users or submit text, suggestions, ideas, reviews, feedback, concepts, comments, messages, photos and videos, artwork, or other materials to the Forums (“Your Content”). You understand that Your Content will not be treated as confidential or proprietary, and your submission is solely voluntary. we shall have no obligation of any kind with respect to Your Content.
Our Rights to Use Your Content. You own all rights to Your Content. You irrevocably grant us a worldwide, non-exclusive, royalty-free, perpetual, transferable and sub-licensable right to use, reproduce, distribute, modify, adapt, publish, translate, create derivative works of, exploit, and publicly display Your Content without restriction and without attribution of any kind, including by making, using, selling, offering for sale, importing, and promoting commercial products and services that incorporate or embody Your Content, whether in part or in whole, in all formats and in all media now known or hereinafter discovered.
Your Representation and Warranties. You represent and warrant to us that you own or have the rightful authority or license to submit Your Content to our Site and to grant us the licenses and rights under this section.
Our Right to Remove Your Content. We are under no obligations to use or monitor Your Content and you are solely responsible for Your Content. In our sole discretion, we reserve the right to remove any of Your Content with or without reason and without notice to you.

6. Our Intellectual Property Rights

As between you and BEDOFU, all content, software, copyrights, trademarks, patents, service marks, logo, art, text, images, photos, video, audio, music, visual interfaces, interactive features, graphics, design on and “look and feel” of our Site, products, and services, and all intellectual property right related thereto are owned by or licensed to BEDOFU (“Our Content’). Our Content is subject to copyright, trademark and other intellectual property rights under the United States laws, foreign laws, and international conventions.

These Terms do not grant you any right, title, or interest in our Site or Our Content. You understand and agree that you may not modify, reproduce, distribute, create derivative works or adapt of, publicly display or in any way exploit any of Our Content, in whole or in part, except as expressly authorized by us or permitted by laws.

Subject to your compliance with these Terms, we grant you a limited, revocable, personal, non-exclusive, non-transferable, and non-sublicensable license to access and use our Site and Our Content solely for your own personal, non-commercial use and enjoyment of our Site. We reserve all rights not expressly granted to you by these Terms.

7. Third-Party Links and Content

Our Site may contain links to other websites that may not be owned or operated by us. The fact that we may link to those websites does not indicate any approval or endorsement of those websites. We don’t own, control, or endorse those websites, and we assume no responsibility for the law compliance, practices, or accuracy of those websites. You should read the terms and conditions of any linked website. Your use of other websites is entirely at your own risk.

8. Acceptable Use Policy

You agree to use our Site in accordance with these Terms and not to engage in illegal, fraudulent or other wrongful conduct, including, but not limited to the following:

Impersonate or misrepresent your affiliation with any person or entity, including us, or misusing another person’s information;
Infringe the intellectual property, moral rights, rights of publicity, privacy or other legal rights of third parties;
Use, display, mirror, frame, or utilize framing techniques to enclose our Site or any individual element or materials within our Site, our name(s), any of our trademarks, logos or other proprietary information, the content of any text, or the layout and design of any page or form contained on a page, without our express written consent;
Attempt to gain unauthorized access to our Site, user accounts, computer systems, or networks connected to our Site through hacking, password mining, or any other means;
Use our Site or any content to transmit any computer viruses, worms, defects, Trojan horses, or other items of a destructive nature;
Use any device, software, or routine that interferes with the proper working of our Site, or otherwise attempts to interfere with the proper working of our Site;
Attempt to probe, scan, or test the vulnerability of any of our systems or networks, or breach any security or authentication measures;
Circumvent any technological measure implemented by us, any of our providers, or any other third party (including another user) to protect our Site or content;
Interfere with or attempt to interfere with the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing our Site; and
Access, retrieve, or index any portion of our Site for purposes of constructing or populating any chart, collection, or searchable database of reviews.

9. Indemnity

You agree to defend, indemnify and hold BEDOFU, its parents, subsidiaries, affiliates, and their respective officers, partners, agents, and employees harmless from and against any claims, suits, proceedings, disputes, demands, liabilities, damages, losses, costs and expenses (including, without limitation, reasonable attorney’s fees) in any way related to or arising out of: (i) your access to or use of our Site; (ii) Your Content; and/or (ii) your breach of these Terms.

Termination

We reserve the right, in our sole discretion, to terminate or suspend our Site, in whole or in part, including terminating or suspending your access to our Site, at any time for any reason or no reasons without notice to you. You agree that we will not be liable to you or to any third party for the consequence of such termination or suspension. In such an event, you agree that you will still be bound by your obligations under these Terms.

10. Dispute Resolution, Arbitration, And Class Waiver

PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

Informal Dispute Resolution. Most disputes can be resolved informally and through our customer service. In the event of any dispute, claim, or controversy (whether based on tort, contract, statute, fraud, misrepresentation, or any other legal theory) arising out of or relating to these Terms or the enforcement, breach, termination, interpretation, or validity thereof, or your use of our Site (“Dispute”), you agree that you will first contact us by sending us an e-mail, and provide a brief detail of your dispute and contact information (e.g., your name, phone number, and account information if applicable ) (“Notice”). Upon our receipt of your Notice, the parties will attempt in good faith to informally resolve the Dispute within 30 days from the date of receipt of your Notice.
Mandatory Arbitration. If the parties cannot resolve the Dispute through the Informal Dispute Resolution process stated above, then you agreed that you or we may submit the Dispute to a confidential binding arbitration proceeding as the sole means to resolve the Dispute. You agreed that the Dispute shall be exclusively submitted to and resolved and settled by JAMS confidential binding arbitration in accordance with the JAMS Streamlined Arbitration Rule and Procedure in New York City, New York. The Rule can be found at www.jamsadr.com. The arbitration will be conducted in English. The arbitrator will apply the laws of the State of New York in conducting the arbitration. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Payment of all filing, administration and arbitrator fees will be governed by JAMS’ applicable rules. The parties shall be responsible for their own attorneys’ fees and costs in arbitration, unless they are authorized by law or the arbitrator determines that a claim was frivolous or brought for an improper purpose or in bad faith.
No Class Action. YOU AGREED AND ACKNOWLEDGED THAT ANY ARBITRATION OR COURT PROCEEDING WILL BE CONDUCTED ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. YOU FURTHER AGREED THAT NO ARBITRATOR OR JUDGE MAY CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, OR OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING, AND MAY NOT AWARD CLASS-WIDE RELIEF.
Intellectual Property Exception. Notwithstanding the foregoing, to the extent you violated or threatened to violate our intellectual property rights or the intellectual property rights of our affiliates, partners, or licensors, we may seek injunctive or other appropriate relief in any court of competent jurisdiction, and you consent to jurisdiction and venue in any such court for such purposes.
30-days to opt-out. You have the right to opt-out of mandatory arbitration by sending us a written notice of your decision to opt out within 30 days of (i) the effective date of these Terms; or (ii) the first date that you have used our Site that contained any version of these Terms that included this version of the mandatory arbitration and class action waiver, whichever is later. Your written notice must include your legal name, state of residence, phone number and email address. If you send us an opt-out notice, then the mandatory arbitration provisions in these Terms will not apply. IF YOU DO NOT SEND THIS OPT-OUT NOTICE, YOU AGREE TO BE BOUND BY THE MANDATORY ARBITRATION PROVISIONS IN THESE TERMS.

11. Governing Law & Venue

These Terms shall be governed by and construed in accordance with the laws of the State of New York, without regard to principles of conflict of laws. If the arbitration provision above permits, or when allowed under applicable laws, for the parties to litigate in court, you further expressly consent and agree to submit to the exclusive jurisdiction and venue of the court of competent jurisdiction located in New York City, New York.

Disclaimers and Limitations of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS, IN NO EVENT WILL BEDOFU BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, RELIANCE, OR CONSEQUENTIAL DAMAGES OR ANY OTHER DAMAGES OF ANY KIND, ARISING OUT OF OR IN CONNECTION WITH (I) YOUR USE OF OUR SITE, INCLUDING ANY CONTENT, MATERIALS, FEATURES, SERVICES, AND INFORMATION MADE AVAILABLE TO YOU THROUGH OUR SITE (INCLUDING THEIR USE OR MISUSE), WHETHER OR NOT ARISING FROM BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), CIVIL LIABILITY OR OTHERWISE, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR SITE AND ALL INFORMATION, CONTENT, MATERIALS, FEATURES AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH OUR SITE ARE PROVIDED BY THE BEDOFU ON AN “AS IS” AND “AS AVAILABLE” BASIS. BEDOFU MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF OUR SITE, THE INFORMATION, CONTENT, MATERIALS, FEATURES AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH OUR SITE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, BEDOFU EXPRESSLY DISCLAIMS ALL SUCH REPRESENTATION AND WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY OF THE ABOVE CLAIMS OR ANY DISPUTE WITH BEDOFU IS TO DISCONTINUE YOUR USE OF THE SITE.

12. Other Terms

Assignment. Neither these Terms nor any right hereunder may be assigned by operation of law or otherwise, in whole or in part, by you without our prior written permission. Any purported assignment without such permission will be void. We may assign these Terms in whole or in part without notice.
Entire Agreement. These Terms, including our Privacy Policy and any other agreement and policies incorporated herein, constitute the entire agreement between the parties with respect to their subject matter and supersede any prior or contemporaneous agreements, communications, and negotiations with respect thereto.
No Waiver. Our failure to enforce any right or provision of these Terms will not constitute a waiver of that right or provision on our part.
Severability. If any provisions of these Terms is found by a court of competent jurisdiction to be unlawful or unenforceable, the remaining portions will remain in full force and effect, and such unenforceable provisions shall be construed and enforced in a manner that most closely reflects the intent of the original language to the extent permitted under the laws.

13. Modifications

We may modify these Terms from time to time, in our sole discretion, without notice to you. However, if a modification reduces your rights in a meaningful way, we will notify you of such modification the next time you visit or use our Site. You should check these Terms regularly. You understand and agree that your continued use of our Site after any posted modification to these Terms indicates your acceptance of those modifications.

14. Contact

You may contact us by emailing us at [email protected]

Terms of Use