User Agreement

BaringTrue User Agreement

We would like to welcome you to the User Agreement. This document constitutes a legally binding agreement between you and BaringTrue (hereinafter referred to as “BaringTrue,” “we” or “us”). If BaringTrue confirms your Account Registration, you will be designated as a “User” with access to the Site and Services subject to the policies, terms, and conditions set forth below.

By registering for an account or otherwise accessing or using the site (as defined below) or any services (as defined below), you agree to be bound by the terms of this user agreement. You should not access or use the site or services if you do not agree to accept this user agreement in its entirety.

For convenience, we will refer to the https://baringtrue.com/, emails sent from your User account to other Users, live chats conducted between you and another User, Phone Services (including recordings posted by Users and Services accessible via numbers maintained by BaringTrue for User access), and any other content contained therein as the “Site.” The term “Services” refers to any advice, information, entertainment, or other items or services that you may obtain from us or other Users or their postings on the Site. All Users will be referred to as “Users,” regardless of whether they access the Site or supply or receive Services from other Users.

Our privacy policy, which sets out how we will use your information, can be found at [Privacy Policy Link]. By using this Website, you consent to the processing described therein and warrant that all data provided by you is accurate.

The terms and conditions below limit BaringTrue’s liability and obligations to you, and BaringTrue reserves the right to modify, suspend, or terminate your access to and use of the Site and Services at any time if you violate any of the terms and conditions of this User Agreement or BaringTrue’s policies, in BaringTrue’s sole discretion. We strongly advise you to read the following terms and conditions carefully, as well as any other policies indicated in these terms or elsewhere on the Site.

To the extent that the terms or conditions of mentioned policies conflict with the terms or conditions of this User Agreement, the terms and conditions of the User Agreement shall govern.

NOTICE OF ARBITRATION AND WAIVER OF CLASS ACTIONS: THIS USER AGREEMENT CONTAINS A WAIVER OF CLASS ACTIONS AND A MANDATORY ARBITRATION PROVISION. WITH LIMITED EXCEPTIONS, ANY DISPUTE, ACTION, CLAIM, OR CAUSE OF ACTION ARISING OUT OF OR IN CONNECTION WITH THIS USER AGREEMENT MUST BE RESOLVED BY INDIVIDUAL ARBITRATION AND MAY NOT BE ARBITRATED OR OTHERWISE PURSUED AS A CLASS ACTION. PLEASE REFER TO SECTION 20 BELOW.

Eligibility

The Site and Services are offered to individuals who are at least eighteen (18) years old and otherwise legally capable of contract formation under applicable law. Without limiting the above, the Site and Services are not available to Users who do not have an active User Agreement or who have been suspended from using the Site or Services by BaringTrue. Additionally, you shall not use this Site or Services if such use is forbidden by applicable United States or foreign law.

Information Exchange

BaringTrue does not review, provide, produce, or control the Services, nor does it provide, produce, or control the information or exchanges between Users. While user listings may contain confirmed credentials, third-party verification services are used to verify them. BaringTrue does not provide advice, information, entertainment, or other products or services, and does not verify, guarantee, or make assertions about any User’s credentials, identity, or qualifications. Additionally, BaringTrue does not make editorial or administrative decisions about material, and will not be held liable for any User’s failure to comply with applicable laws or regulations regarding listing content. BaringTrue provides a technology platform that enables Users to collaborate on advise, information, and other products or services. Although BaringTrue enables Users to connect, it does not monitor the advice exchanged. As a result, BaringTrue has no control over, and is not responsible for, the truth, accuracy, completeness, safety, timeliness, quality, appropriateness, legality, or applicability of anything said or written by Users, including without limitation information contained in User listings or made available through this Site.

BaringTrue is not liable for any information, data, or commodities sent between Users. You are solely responsible for using the Site and Services, evaluating the qualifications of and statements made by Users in listings or through the User feedback system, and disclosing personal information to other Users, and will exercise caution, discretion, common sense, and judgment in doing so. It is against the rules of BaringTrue for any User to require that another User provide personal contact information. You do so at your own risk if you willingly reveal your personal contact information to another User.

The fact that a User is classified in a given category does not imply that they are qualified in that field or category. BaringTrue disclaims all responsibility for monitoring User feedback or in any other manner policing its Users. If you suspect a User has violated the law or is scamming, intimidating, or harming another person, BaringTrue strongly advises you to call law enforcement, social services, or other appropriate authorities immediately for assistance. Additionally, BaringTrue bans Users from soliciting other Users to meet with them in person through the Site or Services. You meet other Users at your own risk.

BaringTrue does not refer, endorse, recommend, verify, evaluate, or guarantee any advice, information, entertainment services, or other products or services provided by Users, or any specific User or Service, and nothing in this Agreement shall be construed as a referral, endorsement, recommendation, or guarantee by BaringTrue of any User or group of Users. You must exercise your discretion in initiating, receiving, and/or discontinuing usage of the Services. Users who initiate, receive, and/or stop usage of the Services do so fully at their own risk, for which BaringTrue assumes no liability. We may monitor or record live telephone calls between you and other Users for operational purposes, including to ensure the quality of our technology. By accepting this User Agreement and using the Site, you consent to our monitoring and recording of your live telephone conversations in the manner specified above. Additionally, BaringTrue reserves the right to monitor pre-recorded calls, analyze Mail and Chat, and contact Users in order to determine compliance with the terms and conditions of this User Agreement and to take appropriate action as specified in the Privacy Policy. We strongly advise you to read and comprehend the Privacy Statement. As part of this User Agreement, you agree to the terms and conditions outlined in the Privacy Policy and are obligated to follow them.

If you have a dispute with another User or suffer any harm as a result of or in connection with any Services provided by another User, you hereby waive and release BaringTrue (and its parents, subsidiaries, employees, officers, directors, shareholders, suppliers, joint venturers, and agents) from any and all liability for claims, demands, damages (actual and consequential), costs and expenses (including litigation costs and attorneys’ fees) of any kind, arising out of or in any way connected with any such other User or his/her Services or with regard to disputes relating thereto.

Termination

At any time, BaringTrue reserves the right to suspend, terminate, or modify your access to the Site or Services. Any User who already has an Account will be required to acknowledge acceptance of the revised terms on his/her first visit to the Site or Services following the publication of the change in order to continue using the Site or Services. If a returning User does not agree to the amended terms, the User’s sole option is to discontinue using the Site and Services and to cancel his/her Account.
Without limiting other remedies, BaringTrue may suspend or terminate your right to use the Site or Services at any time for any reason in its sole and absolute discretion. Additionally, BaringTrue may notify your bank and/or authorities and take any other actions it deems appropriate or required by law if BaringTrue : (i) reasonably believes that you have violated any provision of this User Agreement or any policies or rules established by BaringTrue; (ii) is unable to verify or authenticate any billing or payment information you provide to BaringTrue; or (iii) suspects that your actions may be illegal or may result in liability, harm, or disruption. You may cancel your User Agreement at any time by completing the Customer Support form and selecting the subject line “Cancel Account.” Suspension, termination, or cancellation shall have no effect on your duty to pay BaringTrue any sums owing.

BaringTrue ‘s Role.

You appoint BaringTrue as your limited agent to accept payments on your behalf for the Services you provide and agree that BaringTrue’s receipt of any such payment represents your receipt and fulfills the payor’s obligation to make such payment to you. Unless otherwise specified in this Section, BaringTrue operates solely as a conduit for communications initiated by Users.
Except as expressly stated in this Section, you are not an employee, agent, or contractor of BaringTrue, and you shall not portray yourself as such. You are solely responsible for obtaining and maintaining all equipment necessary to access and use the Site and Services, for obtaining any licenses required to provide Services or use the Site, and for reporting and paying all taxes associated with the Site or provision of Services, including any payments you receive for Services you provide. BaringTrue disclaims any obligation for notifying law enforcement authorities of threats made by Users to injure themselves or third parties or to commit any illegal act. Any such obligation is entirely the User’s.

Fee and payment terms

The services involve the purchase of digital credits, which will be stored in your account’s online wallet.
The prices for Services are those specified on the website.
You hereby authorize BaringTrue to collect fees for each Transaction immediately upon completion, regardless of its quality or completeness.
BaringTrue maintains the right to give promotions or special offers from time to time and subject to change at any time, and to restrict eligibility for promotional or special offers.
You permit BaringTrue to conduct any enquiries it deems necessary to confirm your User account and/or listing information, directly or through third parties. This may include ordering a credit report and conducting additional credit checks or confirming the information you supply in any other way.
You agree to never share your User account with another individual. You agree to keep your password and User account information secure, and to accept responsibility for all activities conducted under your User name, password, and User account.
You are solely responsible for all activities conducted via your password and User account on the Site and agree to pay for any Services purchased using your password and User account information. You acknowledge that BaringTrue is not liable for any loss you may incur as a result of an unauthorized user accessing your User account or password. You agree that BaringTrue may use the information you submit in accordance with the terms of the Privacy Policy.
BaringTrue may check your credit, identification, and/or other background information based on your account usage and other factors determined in its sole discretion in order for you to continue using the Site or Services. In this case, you agree to provide additional information as requested; you consent to BaringTrue disclosing your personal information to third-party service providers for the purpose of verifying your credit, identity, and/or other background information; and you authorize BaringTrue to obtain a consumer credit report or information from consumer credit reporting agencies and to verify your identity.

Acceptable conduct while accessing the Site or Services.

You agree to the following:

You are solely responsible for the content that you give and the content that appears on listings posted via your User account.
You agree that you will not record, copy, or keep any live or pre-recorded audio call or Chat that you receive via the Site. Without our prior approval, you will not record or otherwise keep any phone call you have with a User.
Without BaringTrue’s prior written authority, you will not “frame,” “mirror,” or otherwise copy any portion of the Site.
You will not use the Site for any purpose that is unlawful, fraudulent, or in violation of this User Agreement or BaringTrue’s policies, and you will cooperate fully with BaringTrue in investigating any suspected unlawful, fraudulent, or improper activity, including but not limited to granting authorized BaringTrue representatives access to any password-protected portions of your User account.
You will communicate with other Users for a payment solely through the Site, and you will not bypass or attempt to circumvent the Site through the use of third-party payment or other services. However, nothing in this User Agreement precludes you from delivering comparable services through alternative means.
You will not use the Site to conduct or transmit any unlawful, harassing, libelous, invading of privacy, abusive, threatening, defamatory, vulgar, obscene, racist, or otherwise objectionable messages or material of any sort. You shall respect others’ privacy and will refrain from attempting to gain another User’s personal contact information (including usernames and IDs on other communication platforms).
You will not attempt to harm, disrupt, or gain unauthorized access to the Site’s computer systems or networks, or to the computer systems or networks of another User.
You shall not attempt to gain any information or materials pertaining to the Site through any means other than those that the Site makes knowingly available.
You will use only payment methods for which you have been granted authorization. You will continue to supply true, accurate, and full payment registration information and will keep your personal contact information provided to BaringTrue current and accurate. You will not create fraudulent identities, impersonate another person, or use a name that is not yours.
You will not establish user names or material for listings that are vulgar, offensive, tasteless, defamatory, or hateful.
You will comply with all relevant laws and regulations governing your activities on the Site and in connection with the supply of Services, including those governing compliance with applicable professional license requirements and applicable advertising laws, regulations, and guidelines.
You will not promote or direct any other person to violate any of the foregoing or any provision of the User Agreement or BaringTrue policies.

By using the Services, you agree to the following:

BaringTrue shall own all right, title, and interest in and to the Services and the Site, including but not limited to all methods, processes, content, formats, designs, URLs, buttons, information, software, text, displays, images, video, and audio, and their design, selection, and arrangement, phone numbers, toll free numbers, and number extensions, as well as all inventions, patents, copyrights, trademarks, and other intellectual property and derivative works and improvements pertaining thereto, created by or derived from the Site. Except as expressly stated below, you are not granted any right or license in or under any patent, trademark, copyright, or other intellectual right of BaringTrue or any third party by implication, estoppel, or otherwise.

You acknowledge and accept that:

You will have no right, title, or interest in any toll free, phone, or extension numbers assigned to you.
Baringtrue, in its sole and absolute discretion, may modify your toll free number, phone numbers, and/or extension number at any time.
You will have no right, title, or interest in the name of any User listing
Baringtrue may recycle phone numbers, toll free numbers, extensions, and User listing names if you are not actively utilizing them or your User account has been deleted.

Additionally, you hereby grant to BaringTrue, its distribution partners, affiliates, and similar third-party website/media providers of BaringTrue’s choosing the non-exclusive right and license to use, copy, distribute, display, or reference any information you post for public display via the Site or Services in connection with the delivery of its Services and related advertising of the Site and Services: use, copy, distribute, display, or reference in any media form, whether now existing or later developed:, your listing information, including without limitation, your listing name, tags, descriptions, photos, BaringTrue buttons, phone numbers and extensions, or your User information, including without limitation, your user name, registration date, conversation lengths, and submitted ratings and/or written feedback for Services.

As a User, you are granted a nonexclusive, nontransferable, limited, revocable, and revocable license to access and use the Site and Services in accordance with the terms of this User Agreement. BaringTrue reserves the right to terminate this license at any time and for any cause. The Site or any component thereof may not be used, copied, emulated, cloned, rented, leased, sold, modified, decompiled, disassembled, reverse engineered, or transferred. You will be unable to access chat or mail content if your account has been disabled.

Account Maintenance Fee.

BaringTrue has the right to levy a $________ per month Account Maintenance Fee for all User accounts. This fee will be assessed following a period of inactivity of twelve (12) months. Additionally, BaringTrue may cancel your account in its sole discretion if you do not use the Site or Services for a period of twelve (12) months following your last use.

Disclaimer

THE SITE, AS WELL AS ANY SERVICES OR GOODS OBTAINED THROUGH IT, ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. BARINGTRUE AND ITS SUPPLIERS EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE, SERVICES, AND ALL COMMUNICATIONS BETWEEN USERS OVER THE SITE, INCLUDING ANY IMPLIED WARRANTY OF QUALITY, AVAILABILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. Furthermore, BARINGTRUE MAKES NO REPRESENTATION OR WARRANTY THAT THE SITE WILL OPERATE ERROR-FREELY. This warranty is enforceable to the maximum extent permitted by law. If any jurisdiction limits this warranty, it is limited only to the extent needed by such law, and the remainder of the warranty remains legal and in effect.

Limitation of liability

BARINGTRUE, ITS PARENTS, SUBSIDIARIES, AGENTS, OR SUPPLIERS SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SITE OR SERVICES, WHETHER OR NOT BARINGTRUE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE WITHOUT LIMITING THE FOREGOING, BARINGTRUE’S AND ITS PARENTS’, SUBSIDIARIES’, AGENTS’, OR SUPPLIERS’ TOTAL LIABILITY TO YOU ARISING OUT OF THIS AGREEMENT WILL NOT EXCEED THE GREATER OF (a) THE TOTAL FEES ACTUALLY EARNED BY BARINGTRUE FROM YOU (AFTER PAYMENTS TO USERS AND OTHER THIRD PARTIES) IN THE PREVIOUS TWELVE (12) MONTHS, AND (b) ONE HUNDRED DOLLARS ($100). BARINGTRUE WILL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS. This restriction is enforceable to the fullest extent permissible by law. To the extent that any jurisdiction does not allow for such limitations, this limitation applies only to the amount permitted by such legislation. Nothing in this section restricts your ability to claim damages or attorney’s fees as required by statute. YOU FURTHER AGREE TO HOLD HARMLESS, DEFEND, AND INDEMNIFY BARINGTRUE AND ITS EMPLOYEES, PARENTS, SUBSIDIARIES, AGENTS, AND REPRESENTATIVES FROM AND AGAINST ANY LIABILITY ARISING FROM OR IN ANY WAY CONNECTED WITH YOUR USE OF THE SITE FOR THE PROVISION OF SERVICES TO OTHERS, INCLUDING ANY LIABILITY OR EXPENSE ARISING FROM ALL CLAIMS, LOSSES, DAMAGES (ACTUAL AND CONSEQUENTIAL), SUITS, JUDGMENTS, LITIGATION COSTS AND ATTORNEYS’ FEES, OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, FORESEEABLE AND UNFORESEEABLE, DISCLOSED AND UNDISCLOSED. In each of these instances, BaringTrue will notify you in writing of the claim, litigation, or action. BaringTrue has the right to withhold payments to you in order to balance any liabilities or expenses covered by this Agreement.

Intellectual Property Rights

You agree not to use the Site or Services to send, route, link to, or store any content that infringes copyrighted works, trademarks, or otherwise violates or promotes the infringement of any third party’s intellectual property rights. “BaringTrue” and any associated brands, logos, product and service names, designs, and slogans are trademarks or service marks of BaringTrue or its affiliates or licensees. You may not use such marks without BaringTrue’s prior written authorization. All other trademarks, service marks, product and service names, designs, and slogans appearing on the Site are the property of their respective owners.

Coyright Infringement

We take allegations of copyright infringement seriously at BaringTrue. We will react to properly framed notifications of suspected copyright infringement. If you feel that any items available on or through the Site violate your copyright, you may request that such materials (or access to them) be removed from the Site by sending a written notification to our Copyright Agent (designated below). According to the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. 512) (“DMCA”), the written notice (the “DMCA Notice”) must include the following in significant part:

Your signature, whether physical or electronic.
Identification of the allegedly infringed copyrighted work or, if the claim pertains to several works on the Site, a representative list of such works.
Identification of the allegedly infringing item in a sufficiently detailed manner to enable us to find it.
Sufficient contact details for us to reach you (including your name, postal address, telephone number and, if available, e-mail address).
A statement that you have a good faith conviction that you are not permitted to use the copyrighted work by the copyright owner, its agent, or the law.
A statement attesting to the accuracy of the information included in the written notification.
A declaration, made under penalty of perjury, that you are authorized to act on the copyright owner’s behalf.

Our designated Copyright Agent to receive DMCA Notices is:

Name

Address

Email:

If you do not adhere to all of the DMCA’s Section 512(c)(3) criteria, your DMCA Notice may be ineffective.

Please be advised that if you materially misrepresent that anything or behavior on the Site violates your copyright, you may be liable for damages (including costs and lawyers’ fees) under Section 512(f) of the DMCA.

It is our policy to deactivate and/or cancel the accounts of Users who are repeat copyright violators in suitable circumstances.

Carrier Transactions and Charges.

Your interactions with any wireless, telecommunications, or other carrier (“Carrier”) in connection with accessing the Site and using or providing Services, including payment of usage charges, participation in any Carrier promotions, and/or any other terms, conditions, warranties, or representations associated with such dealings or promotions, are solely between you and the Carrier. BaringTrue is not liable for any Carrier transactions or promotions.

Links to Other Websites.

The Site may include links to third-party websites. BaringTrue makes no representations or warranties regarding the content, terms and conditions, and/or policies of third-party websites. You access any linked website at your own risk. BaringTrue makes no representations or warranties, express or implied, about the content of any linked website, including its accuracy, completeness, reliability, or suitability for any particular purpose, nor does BaringTrue warrant that such website or content is free of claims of copyright, trademark, or other infringement, or that such website or content is free from viruses or other contamination.

Notice.

Any notice or other communication required to be delivered pursuant to this Agreement must be in writing and sent to (a) BaringTrue by facsimile, receipt confirmed, United States mail, or (b) you through email to________________ (mail to: _________________________________________. The date of receipt is taken to be the date on which the notification is communicated through facsimile or mail, or five (5) days after receipt by the United States Postal Service in the case of United States mail.

No Assignment.

You may not assign or delegate any rights or duties under this User Agreement, in whole or in part, whether voluntarily or by operation of law, without BaringTrue’s prior written approval, which may be withheld at its sole discretion. Without the express prior written agreement of BaringTrue, any such alleged assignment or delegation by you will be null and invalid and of no force or effect. Without your approval, BaringTrue may transfer this Agreement or any of its rights.

Relationship of the Parties.

Regardless of any other provision of this User Agreement, each party shall be independent and act independently for the purposes of this User Agreement, and shall not act as the other’s contractor, partner, joint venturer, agent, employee, or employer, and shall not bind or attempt to bind the other to any contract.

Electronic Records.

You consent to the use of electronic methods to complete this User Agreement, to access the Site and Services, and to provide any notices required by this User Agreement, and electronic records to store information relating to this User Agreement or your use of the Site.

You may get a hard copy of this User Agreement and any other documents pertaining to this User Agreement or your use of the Site by writing to _____________________________________________. You acknowledge and agree that this User Agreement and any communications sent in connection with it are enforceable in an electronic format.

Miscellaneous.

If any provision of this User Agreement is determined to be invalid or unenforceable in its entirety, such finding will have no effect on the Agreement’s remaining provisions. If any portion of this User Agreement is found to be illegal or unenforceable in part, the remainder of that provision will remain valid. You recognize and agree that this Agreement shall be governed by the substantive laws of the state in which you principally supplied or received Services under the User Agreement, without regard for considerations of conflict of laws. Failure by BaringTrue to act in response to a breach by you or others does not constitute a waiver of BaringTrue’s right to act in response to subsequent or similar breaches. In the event that BaringTrue fails to assert or enforce any right or provision of these terms and conditions, such failure shall not be construed as a waiver of such right or provision. You acknowledge that this User Agreement, the rules included herein, and BaringTrue’s enforcement of them are not intended to confer and do not confer any rights or remedies on anyone other than you and BaringTrue. This User Agreement, in conjunction with BaringTrue’s rules and policies, contains the complete agreement between BaringTrue and you about the subject matter hereof.

Mutual Arbitration Provision

Agreement to Arbitrate

BaringTrue and you agree to the terms of this Section 19’s arbitration agreement (“Arbitration Provision”). The Federal Arbitration Act (9 U.S.C. 1 et seq.) governs this Arbitration Provision, which documents an interstate commerce transaction. This Arbitration Provision applies to any dispute arising out of or in connection with this User Agreement, your relationship with BaringTrue or one of its affiliates, successors, subsidiaries, assigns, or parent companies (collectively, “BaringTrue Affiliates”), the termination of that relationship, or any other aspect of your relationship with BaringTrue or any BaringTrue Affiliate, regardless of of such dispute’s date of accrual, and this Arbitration Provision continues in effect after and survives the termination of any relationship between the parties.

Application of this Arbitration Provision

Unless otherwise specified below, this Arbitration Provision is intended to apply to the resolution of disputes that would otherwise be resolved in a court of law or another forum other than arbitration, and you and BaringTrue agree that any legal dispute or controversy covered by this Arbitration Provision, or arising out of, relating to, or concerning the validity, enforceability, or breach of this Arbitration Provision, shall be resolved by binding arbitration in accordance with the provisions of the JAMS Streamlined Arbitration Rules & Procedures (“JAMS Rules”) then in effect, to be held (unless the parties agree in writing otherwise) within 45 miles of where you last provided Services under this User Agreement. The JAMS Rules are available for free online at www.jamsadr.com. If JAMS is unable to administer the arbitration for whatever reason, any party may petition a court of competent jurisdiction with jurisdiction over the site of the arbitration to appoint a neutral arbitrator. If the JAMS Rules conflict with the provisions of this Arbitration Provision, the provisions of this Arbitration Provision shall prevail.

By entering into this Arbitration Provision, you agree to arbitrate disputes with any entity or individual, and waive your right to have such disputes resolved by a trial by a jury or judge, arising out of or related to this User Agreement, background checks, privacy, your relationship with BaringTrue , the termination of that relationship, trade secrets, unfair competition, compensation, breaks and rest periods, retaliation, discrimination or harassment, defamation, slander and libel, claims arising under the Fair Credit Reporting Act, Uniform Trade Secrets Act, Civil Rights Act of 1964, Americans With Disabilities Act, Age Discrimination in Employment Act, Family Medical Leave Act, Fair Labor Standards Act, California Labor Code, California Fair Employment and Housing Act, California Family Rights Act, Affordable Care Act, Genetic Information Non-Discrimination Act, city or state statutes or regulations addressing the same or similar subject matters, and all other federal or state legal claims arising out of or relating to this relationship, including, but not limited to, claims that may be asserted for any post-relationship conduct or time periods, such as defamation or retaliation.

Limitations on the Scope of Application of this Arbitration Provision

This Arbitration Provision does not apply to a representative action brought on behalf of others pursuant to the Private Attorneys General Act of 2004 (“PAGA”), California Labor Code 2698, et seq., to the extent that such an action may be brought only by the state or its representatives, where any resulting judgment is binding on the state, and where any alleged monetary penalties are largely directed to state coffers.

Additionally, this Arbitration Provision does not apply to workers compensation, state disability insurance, or unemployment insurance claims.

You or BaringTrue may seek interim or preliminary injunctive relief in connection with an arbitrable matter in a court of competent jurisdiction, but only on the grounds that the award to which that party may be entitled would be rendered ineffective without such relief.

Regardless of any other provision of this Arbitration Provision, a claim may be brought before and remedies awarded by an administrative agency if applicable law permits the agency to prosecute or adjudicate the claim despite the existence of a Federal Arbitration Act-governed agreement to arbitrate. Nothing in this Arbitration Provision shall be construed as precluding or excusing a party from filing an administrative claim with any agency in order to satisfy the party’s requirement to exhaust administrative remedies prior to filing a claim in arbitration.

Additionally, this Arbitration Provision does not apply to disputes between parties that are not subject to a predispute arbitration agreement imposed by a Congressional Act.

The Conduct of Arbitration Proceedings

The parties will have the right to undertake proper civil discovery, file dispositive motions, and present witnesses and evidence as necessary to present their arguments and defenses in arbitration, and any disagreements in this respect will be addressed by the arbitrator. The statutes of limitations relevant to each claim or cause of action shall apply, and written notice of arbitration shall be commenced within the applicable statutes of limits and other time constraints for each claimed claim or cause of action. Except as amended by the arbitrator, the Federal Rules of Evidence shall apply.

You and BaringTrue agree to arbitrate any disagreement on an individual basis, rather than in a class or collective action (“Class Action Waiver”). The arbitrator has no power to evaluate or settle any claim or to provide any relief on any other basis than an individual basis, and shall not do so in a class or collective action. Regardless of any other term of this Arbitration Provision or the JAMS Rules, any dispute about the enforcement, revocability, or validity of this Class Action Waiver must be decided in a civil court of competent jurisdiction, not by an arbitrator. If a class or collective action is filed and a final judicial determination is made that the Class Action Waiver is unenforceable in its entirety or in part, the class and/or collective action must be litigated in a civil court of competent jurisdiction, but the portion of the Class Action Waiver that is enforceable shall be enforced in arbitration.

Except as provided in Section 19.3 and to the extent permitted by law, (i) you and BaringTrue agree not to bring a representative action in arbitration on behalf of others; and (ii) for any claim brought on a private attorney general basis (i.e., where you seek to pursue a claim on behalf of a government entity), you and BaringTrue agree that any such dispute shall be resolved in arbitration on an individual basis only (i.e., to resolve whether you have been personally aggrieved or subject to any violations of law), and that such an action may not be used to resolve the claims or rights of other individuals in a single or collective proceeding (i.e., to resolve whether other individuals have been aggrieved or subject to any violations of law) (“PAGA Waiver”). Regardless of any other provision of this Arbitration Provision or the JAMS Rules, the PAGA Waiver’s legality may only be determined by a court of competent jurisdiction, not by an arbitrator. If any provision of the PAGA Waiver is found to be unenforceable or unlawful for any reason, (i) the unenforceable provision shall be severed from this Arbitration Provision; (ii) severance of the unenforceable provision shall have no effect on the Arbitration Provision or the parties’ attempt to arbitrate any remaining claims on an individual basis in accordance with the Arbitration Provision; and (iii) any representative action brought under PAGA on behalf of other parties must be litigated in a civil court of competent jurisdiction and not in arbitration.

Arbitration Costs

You and BaringTrue agree to abide by the JAMS Rules regarding initial filing fees, but you will not be liable for any portion of such fees in excess of the filing or first appearance fees applicable to court actions in the jurisdiction in which the arbitration will be held. Otherwise, BaringTrue must bear all arbitration-related costs and expenses, including without limitation the arbitrator’s and/or arbitration fees.

Each party shall pay its own attorneys’ expenses, subject to any subsequent remedies provided by applicable law (e.g., if a party succeeds on a claim that allows for the award of reasonable attorneys’ fees to the victorious party).

The Decision and Award of the Arbitrator.

The arbitrator must adhere to applicable law and may award any party any remedy provided by applicable law, but such remedies shall be limited to those that would be available to a party in his or her individual capacity in a court of law for the claims presented to and decided by the arbitrator, and no remedies otherwise available to an individual in a court of law will be forfeited by virtue of this Arbitration Provision. The arbitrator’s ruling shall be final and conclusive on the parties, shall be in writing, and shall include the arbitrator’s rationale. Any court with jurisdiction may enter judgment on the arbitrator’s decision.

Application of this Arbitration Provision; Additional Terms

Any party to this Arbitration Provision (including BaringTrue Affiliates) may bring an action in a court of competent jurisdiction to compel arbitration pursuant to this Arbitration Provision and to confirm, vacate, or enforce an arbitration award, with each party bearing its own attorneys’ fees, costs, and expenses in such court proceedings, subject to any subsequent remedies available to that party under applicable law. This Arbitration Provision supersedes any and all earlier agreements (if any) addressing the arbitration of disputes and constitutes the whole and final agreement for the formal settlement of disputes covered by this Arbitration Provision. Except as provided in Section 19.4 above, if any element of this Arbitration Provision is found to be unenforceable, the remainder of this Arbitration Provision shall continue in effect.

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By clicking “I accept,” you expressly acknowledge that you have read, comprehended, and considered the User Agreement and Arbitration Provision, that you agree to be bound by the User Agreement and Arbitration Provision’s terms and conditions, and that you are legally competent to enter into the User Agreement and Arbitration Provision with BaringTrue.

Appendix A

User undertakes to waive all claims against BaringTrue arising out of this Agreement, in addition to the general release set out in Section 2(c) of the User Agreement. User specifically acknowledges and accepts that:

In the state of California:

A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release, and that, if known, would have materially affected his or her settlement with the debtor or released party, according to section 1542 of the California Civil Code.

In Montana:

A general release does not extend to claims that the creditor does not know or suspect to exist in the creditor’s favor at the time of execution of the release, which, if known by the creditor, must have materially affected the creditor’s settlement with the debtor, according to Montana Code Annotated Section 28-1-1602.

In North Dakota:

User expressly waives any and all rights User may have under any state or local statute, executive order, regulation, common law, and/or public policy relating to unknown claims, including but not limited to North Dakota Century Code Section 9-13-02, which states: A general release does not extend to claims which the creditor does not know or suspect to exist in the creditor’s favor at the time of the release, which if known by the creditor, must have mat

In South Dakota:

User expressly waives any and all rights User may have under any state or local statute, executive order, regulation, common law, and/or public policy relating to unknown claims, including but not limited to South Dakota Codified Laws Section 20-7-11, 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 ability to repay the debt.

CONTACT US

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