PLEASE REVIEW THESE TERMS OF SERVICE CAREFULLY BEFORE ACCESSING OR USING OUR WEBSITE, PARTICULARLY, THE SECTIONS RELATED TO BINDING ARBITRATION AND MOBILE MESSAGE SERVICE.
BREDA (“BREDA”, “WE”, “OUR” or “US”) OPERATES THIS WEBSITE (“SITE”). BY PLACING AN ORDER, COMPLETING THE REGISTRATION PROCESS, OR ACCESSING OR USING THIS SITE, YOU REPRESENT THAT: (1) YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THESE TERMS, (2) YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT WITH BREDA, (3) YOU HAVE AUTHORITY TO ENTER INTO THE TERMS ON BEHALF OF THE REGISTERED USER. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms are considered an offer, acceptance is expressly limited to these Terms.
DISPUTE RESOLUTION AND BINDING ARBITRATION
PLEASE READ THE FOLLOWING ARBITRATION AGREEMENT IN THIS SECTION (“ARBITRATION AGREEMENT”) CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH BREDA AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.
You agree that any dispute, claim or request for relief arising from or relating in any way to your access or use of this Site, to any products sold or distributed through the Site and/or by BREDA, or to any aspect of your relationship with BREDA, including but not limited to any communications between you and BREDA and/or its affiliates, will be resolved by binding arbitration, rather than in court, except that (1) you may assert claims and seek relief in small claims court if your claims qualify, and (2) you or BREDA may seek equitable relief in court for infringement or other misuse of intellectual property rights. This Arbitration Agreement shall also apply, without limitation, to all disputes or claims and requests for relief that arose or were asserted before the effective date of this Agreement or any prior version of this Agreement.
The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your dispute or claim or request for relief to: BREDA, c/o _________. The arbitration will be conducted by JAMS, an established alternative dispute resolution provider. Disputes involving claims, counterclaims, or request for relief under $250,000, not inclusive of attorneys’ fees and interest, shall be subject to JAMS’s most current version of the Streamlined Arbitration Rules and procedures available at http://www.jamsadr.com/rules-streamlined-arbitration/; all other disputes shall be subject to JAMS’s most current version of the Comprehensive Arbitration Rules and Procedures, available at http://www.jamsadr.com/rules-comprehensive-arbitration/. JAMS’s rules are also available at www.jamsadr.com or by calling JAMS at 800-352-5267. If JAMS is not available to arbitrate, the parties will select an alternative arbitral forum.
The arbitrator shall have exclusive authority to (a) determine the scope and enforceability of this Arbitration Agreement and (b) resolve any dispute related to the interpretation, applicability, enforceability or formation of this Arbitration Agreement including, but not limited to, any assertion that all or any part of this Arbitration Agreement is void or voidable. The arbitration will decide the rights and liabilities, if any, of you and BREDA. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and us.
WAIVER OF JURY TRIAL
YOU AND BREDA HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and BREDA are instead electing that all disputes, claims or requests for relief shall by resolved by arbitration under this Arbitration Agreement, except as specified above.
WAIVER OF CLASS OR OTHER NON-INDIVIDUALIZED RELIEF
ALL DISPUTES, CLAIMS, AND REQUESTS FOR RELIEF WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUALIZED BASIS AND NOT ON A CLASS OR COLLECTIVE BASIS. Claims of more than one customer or Site user cannot be arbitrated or consolidated with those of any other customer or Site user. If a decision is issued stating that applicable law precludes enforcement of any of this Subsection’s limitations as to a given dispute, claim, or request for relief, then such aspect must be severed from the arbitration and brought into the State or Federal Courts located in the State of Texas. All other disputes, claims, or requests for relief shall be arbitrated.
Mobile Message Service Terms and Conditions
Last updated: February 2, 2022
The BREDA mobile message service (the "Service") is operated by BREDA (“BREDA”, “we”, “our” or “us”). We may modify or cancel the Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.
By providing your number to BREDA through the Site, in connection with your order, receipt and use of our products, or your use of the Service, you are agreeing to the Terms and Conditions of this Site and the Mobile Message Service Terms and Conditions (“Mobile Terms”). In addition, you are agreeing to receive calls and/or recurring SMS/text messages from and on behalf of BREDA through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Calls and/or text messages may be sent using an automatic telephone dialing system or other technology. Service-related messages may include updates, alerts, and information (e.g., order updates, account alerts, etc.). Promotional messages may include promotions, specials, and other marketing offers (e.g., cart reminders). You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with BREDA. Your participation in this program is completely voluntary.
We do not charge for the Service, but you are responsible for all charges and fees associated with calls or text messaging imposed by your wireless provider. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to calls or SMS/text messages, including charges from your wireless provider.
You may opt-out of the Service at any time. If you are in the US or Canada, text the single keyword command STOP to +1 (855) 952-3536. If you are in the UK or Australia, click the unsubscribe link in any text message to cancel. You'll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you. If you have subscribed to other BREDA mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms. For Service support or assistance, text HELP to +1 (855) 952-3536 or email support@bredawatch.com.
We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.
The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number.
To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.
We respect your right to privacy. To see how we collect and use your personal information, please see our Privacy Notice.
