Effective Date and Last Updated: September 18, 2022
1. Ownership: Your Rights to Use the Services and Content.
1.1. Ownership. The Services and all of its content (collectively, “Content”), including all copyrights, patents, trademarks, service marks, trade names, and all other intellectual property rights therein (“Intellectual Property”), are owned or controlled by Bettizens, our licensors, and certain other third parties. All right, title, and interest in and to the Content and Intellectual Property available via the Services is the property of Bettizens, our licensors, or certain other third parties, and are protected by the U.S. and international copyright, trademark, trade dress, patent, and/or other Intellectual Property and unfair competition rights and laws to the fullest extent possible. Bettizens owns the copyright in the selection, compilation, assembly, arrangement, and enhancement of the Content on the Services.
1.2.1. Display, view, use, and play the Content on a computer, mobile, or other internet-enabled or permitted device (“Device”) and/or print one copy of the Content (excluding source and object code in raw form or otherwise) as it is displayed to you;
1.2.2. If made available to you, obtain a registered personal account (and/or related username and password) on the Services and interact with the Services in connection therewith;
1.2.3. Link to the Services from a website or other online service, so long as (a) the links only incorporate text and do not use any Bettizens names, logos, or images, (b) the links and the content on your website do not suggest any affiliation with Bettizens or cause any other confusion, and (c) the links and the content on your website do not portray Bettizens or its products or services in a false, misleading, derogatory, or otherwise offensive manner, and do not contain content that is unlawful, offensive, obscene, lewd, lascivious, filthy, violent, threatening, harassing, or abusive, or that violate any right of any third-party or are otherwise objectionable to Bettizens. Bettizens reserves the right to suspend or prohibit linking to the Services for any reason, in its sole discretion, without advance notice or any liability of any kind to you or any third party;
1.3. Additional Terms for Usage Subscriptions. Purchases of usage subscriptions (e.g., credits, points, and/or virtual currency) or any virtual items made available on the Services are nonrefundable, have no monetary value (i.e., are not a cash account or equivalent), and are purchases of only a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable license to use those items only, even if such came with a durational term (e.g., a monthly subscription). Any attempt to transfer, assign or otherwise sell or trade such subscription, regardless of manner or method, is null and void. Suspension or termination thereof results in the forfeit of the suspended or terminated subscription or items, except as may be noted in the applicable Additional Terms. As permitted by law, we are not responsible for repairing or reissuing any credit or refund or any other sum, as a result of our modification of any usage subscriptions or virtual item, or for loss or damage due to error, or any other reason.
1.4. Rights of Others. In using the Services, you must respect the Intellectual Property and rights of others and Bettizens. Your unauthorized use of Content may violate the rights of others and applicable laws and may result in your civil and criminal liability. If you believe that your work has been infringed via the Services, see Section 5 below.
1.7. Terms applicable for Apple IOS or the use of Bettizens progressive web application in Apple IOS devices.
1.7.4. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance or any support services to you with respect to the Services and Content.
1.7.5. To the maximum extent not prohibited by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Services and Content.
1.7.7. Further, you agree that if the Services, or your access to and use of the Services, infringes on a third party’s Intellectual Property rights, you will not hold Apple responsible for the investigation, defense, settlement, and discharge of any such Intellectual Property infringement claims.
2. Content You Submit: Interactive Community Rules.
3. Using the Services; Services and Content Use Restrictions.
3.1. Creating an Account. Accounts may only be set up for you (and if not you, by an authorized representative of the individual that is the subject of the account and who is of the age of majority). We do our best effort to verify our members but we do not review accounts for authenticity and are not responsible for any unauthorized accounts that may appear on the Services. For any dispute as to account creation or authenticity, we shall have the sole right but are not obligated, to resolve such dispute as we determine appropriate, without notice. If you register with us or create an account, you are solely responsible and liable for the security and confidentiality of your access credentials and for restricting access to your Device, and for all activity under your account. Usernames and passwords must be personal and unique, not violate the rights of any person or entity, and not be offensive. We may reject the use of any password, username, or email address for any reason at our sole discretion. You are solely responsible for your registration information and for updating and maintaining it. You will immediately notify us here of any unauthorized use of your account, password, username, or any other breach of security, but will remain responsible for any unauthorized use thereafter. You will not sell, transfer, or assign your account or any account rights.
3.2. Subscriptions; Rentals; Purchases; Taxes. In order to access certain features of the Services, you may be required to make a purchase or enter into a subscription. Moreover, some aspects of the Services may allow you to place orders for or rent products.
3.2.1. Any deal terms presented to you at the time of subscription, rental, purchase, or other transaction you conduct on or initiate on the Services (“Transaction”) shall be considered Additional Terms. You agree to pay Bettizens all charges at the prices presented to you or your agent(s). You must provide, and authorize Bettizens to charge, your chosen payment provider (your “Payment Method”) when you make a purchase or subscribe to paid Services. You agree to make payment using that selected Payment Method and will only provide us information about payment methods that you are authorized to use. We allow you to save and manage your information about your Payment Method, including the entire credit card number, account number, and expiration dates, for future purchases or transactions on our site. You may make changes to your default Payment Method at any time. If we are unable to charge one payment card, we may charge another valid credit card that you have entered for use on our site. You are responsible for maintaining the accuracy of the information that we have on file, and you consent to Bettizens updating such stored information from time to time based on information provided by you, your bank, or payment services processors. Suppose you initiate a chargeback dispute for any payment or transaction made on our site. In that case, Bettizens reserves the right to terminate the provision of services or delivery of products to you pending resolution of the chargeback dispute with the credit card issuer.
3.2.2. Subscription fees may be automatically renewed and are subject to the refund policy listed below.
3.2.3. Some Transactions may be subject to taxes in certain states. Depending on your state and the nature of the product or Services you receive from us, this may be a rental tax, sales tax, and/or use tax. Tax rates are different from state to state. You are responsible for paying all such taxes.
3.5. Availability of Services and Content. Bettizens, in its sole discretion without advance notice or liability, may immediately suspend or terminate the availability of the Services and/or Content (and any elements and features of them), in whole or in part, for any reason, in bettizens.com’s sole discretion, and without advance notice or liability.
3.7. Internet Connectivity Charges. Internet connectivity is required to access the Services. Any access fees or charges applicable to your internet connectivity are solely your responsibility. Certain internet service providers, including wireless carriers, may charge fees for data connections based on the total amount of data you access. We are in no way responsible for the fees charged by or policies of internet service providers or others with whom you contract for such internet connectivity.
4. Wireless Features; Messages; Location-Based Features.
4.1. Wireless Features. The Services may offer certain features and services via your wireless Device. Features and services may include the ability to access the Service’s features, upload content to the Services, receive messages from the Services, and download applications to your wireless Device (collectively, “Wireless Features”). You agree to receive communications we may send through Wireless Features for which you are registered. Further, we may collect information related to your use of the Wireless Features. If you have registered via the Services for Wireless Features, then you agree to notify Bettizens of any changes to your wireless contact information (including phone number) and update your accounts on the Services to reflect the changes. If the Services include push notifications or another mobile communication capability, you hereby approve of our delivery of electronic communications directly to your mobile Device. These notifications, including badge, alert or pop-up messages, may be delivered to your Device even when the Services are running in the background. You may have the ability, and it is your responsibility, to adjust the notifications you do, or do not, receive via your Device through your Device and/or app settings. Standard message, data, and other fees may be charged by your carrier, and carriers may deduct charges from pre-paid amounts or data allowances, for which you are responsible. Your carrier may prohibit or restrict certain Wireless Features and certain Wireless Features may be incompatible with your carrier or wireless Device. Contact your carrier with questions regarding these issues.
4.2. Text and Email Messages.
4.2.1. You may be given opportunities to subscribe to various text marketing or other text messaging programs and by doing so, you consent to receive ongoing text alerts (including by auto-dialers) from us related to our various businesses and affiliates, which may include co-promotions with or about other parties, except that if the scope of your consent for a particular subscription is limited, that subscription will be so limited. Such consent is not required to purchase any product or Services aside from the text subscription itself. Subsequent or different subscriptions will be unaffected by an opt-out. You consent to receive a text confirming any opt-out as well as non-marketing administrative or transactional messages.
4.2.2. Email Messages. You may cancel or modify the email marketing communications you receive from us by following the instructions contained within our promotional emails. This will not affect subsequent subscriptions, and if your opt-out is limited to certain types of emails, the opt-out will be so limited. Please note that we reserve the right to send you certain communications relating to your account or use of our Services, such as administrative and service announcements, and these transactional account messages may be unaffected if you choose to opt out of receiving our marketing communications.
5. Notice and Take Down Procedure for Claims of Infringement.
5.1. DMCA Notification. If you are a copyright owner who would like to send us a notice pursuant to the Digital Millennium Copyright Act (“DMCA”) to identify content or material posted on the Services that is infringing and that you would like removed from our Services, or if you are a user whose work has been removed in response to such a notice of infringement and would like to file a DMCA counter-notice, you may submit such notice to us by following the instructions in this Section 5.
5.2. DMCA Requirements. We are committed to complying with U.S. copyright and related Intellectual Property laws. Our policy is to respond to notices of alleged infringement that comply with the DMCA. It is our policy to remove and discontinue service to repeat offenders. If you believe your copyrighted work has been copied and is accessible on the Services in a way that constitutes copyright infringement, you may notify us by providing our copyright agent with the following information in accordance with the requirements of the DMCA:
5.2.1. The electronic or physical signature of the owner of the copyright or the person authorized to act on the owner’s behalf.
5.2.2. A description of the copyrighted work that you claim has been infringed and a description of the infringing activity.
5.2.3. Identification of the location where the original or an authorized copy of the copyrighted work exists (for example, the URL of the website where it is posted or the name of the book in which it has been published).
5.2.4. Identification of the URL or other specific location on the Services where the material you claim is infringing is located, providing enough information to allow us to locate the material.
5.2.5. Your name, address, telephone number, and email address so that we may contact you.
5.2.6. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
5.2.7. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf.
5.2.8. Our agent for notice of claims of copyright infringement on the Services can be reached as follows:
By email: email@example.com
5.2.9. The email address above is only for reporting copyright infringement and may not be used for any other purpose.
5.2.10. If you believe an individual is a repeat infringer, please follow the instructions above to contact our DMCA agent and provide information sufficient for us to verify the individual is a repeat infringer.
5.2.11. It is often difficult to determine if your copyright has been infringed. Bettizens may elect to not respond to DMCA notices that do not substantially comply with all of the foregoing requirements and may elect to remove allegedly infringing material that comes to its attention via notices that do not substantially comply with the DMCA.
5.3. DMCA Counter-Notification. If access on the Services to a work that you submitted to Bettizens is disabled or the work is removed as a result of a DMCA copyright infringement notice, and you believe in good faith that the allegedly infringing works have been removed or blocked by mistake or misidentification, then you may send a “Counter-Notification” to the email address listed above. Your DMCA Counter-Notification should contain the following information:
5.3.1. a legend or subject line that says: “DMCA Counter-Notification”;
5.3.2. a description of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled (please include the full URL of the page(s) on the Services from which the material was removed or access to it disabled);
5.3.3. a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; your full name, address, telephone number, email address, and the username of your account with us (if any);
5.3.4. a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or if the address is located outside the U.S.A., to the jurisdiction of the United States District Court for the Miami Dade County), and that you will accept service of process from the person who provided DMCA notification to us or an agent of such person; and
5.3.5. your electronic or physical signature.
5.4. Receipt of DMCA Counter-Notification. If we receive a DMCA Counter-Notification, then we may replace the material that we removed (or stop disabling access to it) in not less than ten (10) and not more than fourteen (14) business days following receipt of the DMCA Counter-Notification. However, we will not do this if we first receive notice at the address above that the party who sent us the DMCA copyright infringement notice has filed a lawsuit asking a court for an order restraining the person who provided the material from engaging in infringing activity relating to the material on the Services. Upon our receipt of a Counter-Notification that satisfies the requirements of DMCA, we will provide a copy of the counter-notification to the person who sent the original notification of the claimed infringement and will follow the DMCA’s procedures regarding counter notification. All Counter-Notifications must satisfy the requirements of Section 512(g)(3) of the U.S. Copyright Act. In all events, you expressly agree that neither Bettizens nor any of its affiliates or their employees, officers, directors, or agents will be a party to any disputes or lawsuits regarding alleged copyright infringement. Please note you may be held liable for monetary damages if you materially misrepresent an activity that is infringing your copyrights.
6. Product Specifications; Pricing; Typographical Errors.
We strive to accurately describe our products or services offered on the Services; however, we do not warrant that such specifications, pricing, or other content on the Services are complete, accurate, reliable, current, or error-free. As permitted by applicable law, Bettizens shall have the right to refuse or cancel any orders at its sole discretion. Your orders are offers to purchase subject to our acceptance, which we may reject or cancel subject to refund. If we charged your credit or another account prior to rejection or cancellation, we will reissue credit to your account. Additional Terms may apply. If a product you purchased or accepted from Bettizens is not as described, as permitted by applicable law, your sole remedy is to return it, cancel the purchase, and receive a credit for the purchase price.
7. Termination or Suspension.
7.1. Termination by Us. We may, upon notice to you, issue a warning, temporarily suspend, indefinitely suspend, or terminate your account or your access to all or any part of the Services for any reason in our sole discretion. In certain cases, in our sole discretion, we may provide you with a written email notice (a “Restriction Notice”) to inform you that: (i) your right to use or access any part of the Services has been terminated, including the right to use, access or create any account thereon; (ii) we refuse to provide any Services to you; and (iii) any subsequent orders placed by you will be subject to cancellation. Other conditions may apply and shall be set forth in the Restriction Notice.
7.1.2. Bettizens is not a “social network” in the now traditional meaning of this term. Bettizens is a “ private digital club ” for people of different opinions and backgrounds who DEFEND CAUSES RELATED TO JUSTICE and SOCIAL PROGRESS. This definition conditions everything else: from who is accepted and can remain on the network, to what is published. We have tried and will continue to try, to use all the means and channels at our disposal to prevent those who are not related in one way or another to the most important causes of Justice and Social Progress from joining Bettizens.
8. Disclaimers; Exclusions and Limitations of Liability.
8.1. DISCLAIMER OF WARRANTIES AND CONDITIONS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Bettizens as part of Progrecit International LLC AND ITS, SUBSIDIARIES, AFFILIATES, AND EACH OF THEIR RESPECTIVE EMPLOYEES, DIRECTORS, MEMBERS, MANAGERS, SHAREHOLDERS, AGENTS, VENDORS, LICENSORS, LICENSEES, CONTRACTORS, CUSTOMERS, SUCCESSORS, AND ASSIGNS (COLLECTIVELY, “Bettizens PARTIES”) PROVIDE THE SERVICE, CONTENT, Bettizens LICENSED ELEMENTS, OR OTHER Bettizens PRODUCTS OR SERVICES ON AN “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS” BASIS WITHOUT ANY REPRESENTATION OR WARRANTY WHATSOEVER. THE USE OF THE SERVICES IS AT YOUR SOLE RISK. WITHOUT LIMITING THE FOREGOING, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE Bettizens PARTIES (AS APPLICABLE) DO NOT MAKE ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, THAT THE SERVICES, CONTENT, LICENSED ELEMENTS, UGC OR OTHER Bettizens PRODUCTS OR SERVICES WILL: (I) BE UNINTERRUPTED OR SECURE; (II) BE FREE OF DEFECTS, INACCURACIES OR ERRORS; OR (III) OTHERWISE MEET YOUR REQUIREMENTS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Bettizens PARTIES HEREBY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OR CONDITIONS OF FITNESS FOR A PARTICULAR PURPOSE, LACK OF HIDDEN OR LATENT DEFECTS, SECURITY, MERCHANTABILITY, SATISFACTORY QUALITY, QUIET ENJOYMENT, AND NON-INFRINGEMENT, OR ARISING BY REASON OF CUSTOM OR USAGE IN THE TRADE OR BY COURSE OF DEALING. NOTWITHSTANDING THE FOREGOING, THIS SECTION DOES NOT EXPAND OR LIMIT: (X) ANY EXPRESS, WRITTEN PRODUCT WARRANTY OR RELATED DISCLAIMERS THAT ARE PROVIDED BY BETTIZENS PARTIES OR THEIR SUPPLIERS WITH REGARD TO A PHYSICAL PRODUCT SOLD BY BETTIZENS PARTIES TO YOU, OR ANY WARRANTY ON A PHYSICAL PRODUCT TO THE EXTENT REQUIRED BY APPLICABLE LAW; (Y) Bettizens PARTIES’ LIABILITY FOR PERSONAL INJURY TO YOU CAUSED BY Bettizens PARTIES TO THE EXTENT NOT WAIVABLE OR CAN NOT BE LIMITED UNDER APPLICABLE LAW; OR (Z) ANY CAUSE OF ACTION YOU MAY HAVE AGAINST Bettizens PARTIES THAT IS NOT WAIVABLE OR CAN NOT BE LIMITED UNDER APPLICABLE LAW.
8.2. EXCLUSION OF DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Bettizens PARTIES WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS, LOST REVENUE, LOST OR CORRUPTED DATA, OR DAMAGE TO REPUTATION OR GOODWILL OR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE OR OTHER INDIRECT DAMAGES OR LOSSES ARISING FROM, RELATING TO OR CONNECTED WITH YOUR USE OF (OR INABILITY TO USE) THE SERVICES, CONTENT, LICENSED ELEMENTS, UGC OR OTHER Bettizens PRODUCTS OR SERVICES REGARDLESS OF THE CAUSE OF ACTION ON WHICH THE CLAIM IS BASED (INCLUDING NEGLIGENCE, TORT, CONTRACT, STRICT LIABILITY, PRODUCT DEFECT OR MISREPRESENTATION), EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.
8.3. LIMITATION OF LIABILITY. TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL ANY Bettizens PARTIES BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGES OF ANY KIND, including personal injury or death or for any direct, indirect, economic, exemplary, special, punitive, incidental, or consequential losses or damages of any kind, including without limitation loss of profits, in connection with, or otherwise directly or indirectly related to the Services (including the Content and the UGC), including without limitation:
8.3.1. your use of or inability to use the Services, or the performance of the Services;
8.3.2. any action taken in connection with an investigation by Bettizens Parties or law enforcement authorities regarding your access to or use of the Services;
8.3.3. any action taken in connection with copyright or other Intellectual Property owners or other rights owners;
8.3.4. any errors or omissions in the Services’ technical operation or security or any compromise or loss of your UGC or other data or information; or
8.3.5. any damage to any user’s computer, hardware, software, modem, or other equipment or technology, including damage from any security breach or from any virus, bugs, tampering, fraud, error, omission, interruption, defect, delay in operation, or transmission, computer line, or network failure or any other technical or other malfunction, including losses or damages in the form of lost profits, loss of goodwill, loss of data, work stoppage, the accuracy of results, or equipment failure or malfunction. The foregoing limitations of liability will apply even if any of the foregoing events or circumstances were foreseeable and even if the Bettizens Parties were advised of or should have known of the possibility of such losses or damages, regardless of whether you bring an action based on contract, negligence, strict liability, or tort (including whether caused, in whole or in part, by negligence, acts of God, telecommunications failure, or destruction of the Services).
The liability limitations in this Section 8 are not intended to limit any express warranties from applicable product manufacturers of physical products sold via the Services, or any express warranties by Bettizens that are included in applicable Additional Terms.
8.5. APPLICABLE JURISDICTIONAL LIMITS. CERTAIN JURISDICTIONS, SUCH AS NEW JERSEY, DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OF OR LIMITATION OF CERTAIN DAMAGES. AS SUCH, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
ESSENTIAL PURPOSE. UNLESS LIMITED OR MODIFIED BY APPLICABLE LAW, THE FOREGOING DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS APPLY, EVEN IF ANY REMEDY FAILS IN ITS ESSENTIAL PURPOSE.
9. Arbitration and Dispute Terms.
9.2. Pre-Arbitration Notification. Bettizens and you agree that it would be advantageous to discuss and hopefully resolve any Disputes before formal proceedings are initiated; provided, however, that Bettizens need not do so in circumstances where its claims of Intellectual Property rights are concerned (“IP Disputes,” with all other disputes referred to as “General Disputes”). The party making a claim – whether you or Bettizens – shall send a letter to the other side briefly summarizing the claim and the request for relief. If Bettizens is making a claim, the letter shall be sent, via email, to the email address listed in your Bettizens account, as applicable. If no such information exists or if such information is not current, then we have no notification or delay obligations under this Section 9(b). If you are making a claim, the letter shall be sent to: firstname.lastname@example.org, Attn: Legal Department. If the Dispute is not resolved within sixty (60) days after notification, the claimant may proceed to initiate proceedings as set forth in this Section 9. Either you or Bettizens, however, may seek provisional remedies (such as preliminary injunctive relief) subject to Section 9(d) before the expiration of this sixty (60)-day period.
9.4. Limitation on Injunctive Relief. AS PERMITTED BY APPLICABLE LAW, IF YOU CLAIM THAT YOU HAVE INCURRED ANY LOSS, DAMAGES, OR INJURIES IN CONNECTION WITH YOUR USE OF THE SERVICES, THEN THE LOSSES, DAMAGES, AND INJURIES WILL NOT BE DEEMED IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION OR TO OTHER EQUITABLE RELIEF OF ANY KIND. THIS MEANS (WITHOUT LIMITATION) THAT, IN CONNECTION WITH YOUR CLAIM, YOU AGREE THAT YOU WILL NOT SEEK, AND THAT YOU WILL NOT BE PERMITTED TO OBTAIN, ANY COURT OR OTHER ACTION THAT MAY INTERFERE WITH OR PREVENT THE DEVELOPMENT OR EXPLOITATION OF THE SERVICES, CONTENT, UGC, PRODUCT, OR INTELLECTUAL PROPERTY OWNED, LICENSED, USED OR CONTROLLED BY ANY Bettizens PARTY (INCLUDING YOUR LICENSED UGC).
9.6. Class Action Waiver. As permitted by applicable law, both you and Bettizens waive the right to bring any Dispute as a class, consolidated, representative, collective, or private attorney general action, or to participate in a class, consolidated, representative, collective, or private attorney general action regarding any Dispute brought by anyone else. Notwithstanding any provision in the Miami Dade County Comprehensive Arbitration Rules and Procedures to the contrary, the arbitrator shall not have the authority or any jurisdiction to hear the arbitration as a class, consolidated, representative, or private attorney general action or to consolidate, join, or otherwise combine the Disputes of different persons into one proceeding. Notwithstanding the arbitration provision set forth above, if the provision regarding waiver of class, collective, representative, and private attorney general claims of this Section 9 is found to be void or otherwise unenforceable, any such class, collective, representative, or private attorney general claims must be heard and determined through an appropriate court proceeding, and not in arbitration.
9.7. Jury Waiver. AS PERMITTED BY APPLICABLE LAW, THE PARTIES HEREBY WAIVE THEIR RIGHT TO JURY TRIAL WITH RESPECT TO ALL CLAIMS AND ISSUES ARISING UNDER, IN CONNECTION WITH, TOUCHING UPON, OR RELATING TO THESE TERMS, THE BREACH THEREOF, AND/OR THE SCOPE OF THE PROVISIONS OF THIS SECTION, WHETHER SOUNDING IN CONTRACT OR TORT AND INCLUDING ANY CLAIM FOR FRAUDULENT INDUCEMENT THEREOF.
9.8. Small Claims Matters. Notwithstanding the foregoing, either of us may bring a qualifying claim of General Dispute (but not IP Disputes) in small claims court, subject to Section 9(f).
10. General Provisions.
10.3. Operation of Services; Availability of Products and Services; International Issues. Bettizens controls and operates the Services from the U.S., and makes no representation that the Services are appropriate or available for use beyond the U.S. If you use the Services from other locations, you are doing so on your own initiative and responsible for compliance with applicable laws regarding your online conduct and acceptable content, if and to the extent, laws apply.
10.4. Export Controls. You are responsible for complying with all applicable trade regulations and laws both foreign and domestic. Except as authorized by U.S. law, you agree and warrant not to export or re-export the software to any county, or to any person, entity, or end-user subject to U.S. export controls or sanctions.
10.6. Entire Agreement. Except for any Additional Terms that apply to your use of the Services as we may notify or make available to you, this is the entire understanding between you and us regarding the use of the Services and supersedes all prior and contemporaneous agreements and understandings between you and us regarding this subject matter.
Bettizens Membership is always free. However, if subscription or purchase options for certain products or services are implemented in the future, all purchases but ebooks or third-party products/services are accompanied by a 10-day guarantee where the customer may request to cancel their subscription and receive a refund of the original amount charged. After ten days from the date of the original purchase, the warm-up phase of the order will have already passed and full services are already being rendered. It is at this time that Bettizens will only cancel the subscription and not provide a refund. However, Bettizens will review the refund request and use its discretion to determine if a refund can be warranted outside of the first ten days of the subscription.