By accessing or using the Services, you represent that you are authorized to enter into this Agreement and that you are at least 18 years old. These Terms constitute a legally binding Agreement between 10XBNB and you concerning your use of the Services and contain important provisions affecting your rights, including by requiring arbitration of claims on an individual, rather than class wide, basis as outlined in Section 3 below. Your access to and use of the Services is conditioned upon your acceptance of and compliance with these Terms. If you do not consent to this Agreement, you must immediately stop using the Services. These Terms apply to all visitors, users, and others who access or use the Services.
1. Dispute Resolution.
THIS SECTION SIGNIFICANTLY AFFECTS HOW ANY DISPUTES MUST BE RESOLVED. This Section applies to the fullest extent permitted by applicable law.
Informal Resolution: We prioritize customer service and request that you seek to resolve any issues by first contacting our customer service using our contact information outlined below.
Arbitration: You and 10XBNB agree that all Claims must be resolved exclusively through final and binding arbitration, rather than in court. “Claim(s)” means any dispute between the Parties or their owners or agents (who shall be third-party beneficiaries of this provision) arising out of, related to, or in connection with this Agreement, the Services, or 10XBNB. There is no judge or jury in arbitration. If you and 10XBNB cannot resolve a Claim through negotiations, the Claim shall be finally and exclusively resolved by binding arbitration. This arbitration agreement is reciprocal, and any election to arbitrate by one Party shall be final and binding on the other(s). The language in this Agreement shall be interpreted in accordance with its fair meaning and not strictly for or against either Party. The Federal Arbitration Act and related federal law governs the interpretation and enforcement of this agreement to arbitrate. The arbitration shall be commenced and conducted through JAMS (www.jamsadr.com) under the Streamlined Rules, as modified by this agreement to arbitrate. The Parties shall each participate in the selection of a neutral arbitrator pursuant to the Streamlined Rules. If JAMS is unavailable to arbitrate a dispute or claim, you and 10XBNB agree to arbitrate all Claims on an individual basis using an alternative arbitral forum. All remedies available to the parties under applicable laws shall remain available in arbitration. Unless you and 10XBNB agree otherwise in writing, the final arbitration hearing shall take place at the JAMS facility located in or nearest to your city of residence, provided that either Party may elect to have the arbitration proceedings conducted by video conference. The arbitrator’s award will consist of a written statement stating the disposition of each Claim. The award will also provide a concise written statement of the essential findings and conclusions on which the award is based. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Either Party may litigate to compel arbitration, to stay proceedings pending arbitration, or to modify, confirm, vacate, or enter judgment on the arbitrator’s award. You acknowledge that without this provision, you would have the right to sue in court with a jury trial.
Payment of Fees: If you initiate arbitration against 10XBNB, you may be required to pay an initial fee of $250 (unless you qualify for a waiver), and all other arbitration costs (including any remaining JAMS Case Management Fee and all professional fees for the arbitrator’s services) shall be paid as determined by the arbitrator. If 10XBNB initiates arbitration against you, 10XBNB shall pay all costs associated with the arbitration. Regardless of the outcome of the arbitration, you and 10XBNB will each pay your own attorneys’ fees and costs unless an award of attorneys’ fees is available under applicable statute.
Class Action Waiver: THE PARTIES MAY ONLY BRING CLAIMS AGAINST THE OTHER ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION. THIS WAIVER IS A MATERIAL PROVISION. UNLESS YOU AND 10XBNB AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON'S OR PARTY'S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY'S INDIVIDUAL CLAIMS.
Governing Law and Location: Subject to the above provisions regarding the Federal Arbitration Act and the below, this Agreement, including without limitation this Agreement's interpretation, shall be treated as though this Agreement were executed and performed in the Province of British Columbia, and shall be exclusively governed by and construed in accordance with the laws of the Province of British Columbia without regard to its conflict of law principles. The language in this Agreement shall be interpreted in accordance with its fair meaning and not strictly for or against either Party. The proper venue for any judicial action arising out of, relating to, or in connection with this Agreement will be the state and federal courts located in or nearest to Vancouver, British Columbia. The Parties stipulate to, and agree to waive any objection to, the personal jurisdiction and venue of such courts, and further expressly submit to extraterritorial service of process.
Construction: These provisions are expressly severable and subject to applicable laws. If any provision of this arbitration agreement is found to be invalid or unenforceable, that provision shall be severed with the remaining provisions continuing in full force and effect. The arbitrator may award the same damages or other relief available in court. Nothing herein shall limit rights to seek a public injunction if allowed by law. This arbitration agreement shall survive termination.
2. Your Use of the Services
License to Use the Services: Subject to your compliance with this Agreement, 10XBNB grants you a non-exclusive, non-sublicensable, revocable, non-transferable, limited license to access and use the Services. The license allows you to use the Services in the manner intended by 10XBNB, but does not allow you to reproduce, duplicate, copy, modify, sell, or otherwise exploit any portion of the Services without our prior express written consent. All rights not expressly granted in this Agreement are reserved by 10XBNB.
3. Accounts, Payments, and Partners.
Accounts: You will be required to create an account providing accurate and complete information to access parts of the Services. You may only use the Services if you are legally authorized to enter into and agree to this Agreement. Any use of the Services by anyone under the age of 18 is not allowed. If we learn or suspect that someone under the age of 18 has created an account, we may terminate that account, without additional notice, at our reasonable discretion. You may only use the Services and your account in compliance with this Agreement and all applicable laws, and you are responsible for any activity that occurs in your account. You may not create more than one account, or transfer or assign your account, unless you have our prior written permission. You are responsible for maintaining the confidentiality of and for restricting access to your account. If you suspect any suspicious or unlawful activity, you should immediately notify us. You acknowledge that Company is not responsible for third-party access to your account that results from theft or misappropriation of your account.
Payments: You may use the Services to make purchases through the Services, which may involve fees to 10XBNB. Unless otherwise stated in a separate agreement between you and 10XBNB or required by law, all purchases are final immediately upon receipt of payment, and 10XBNB does not offer refunds. You agree to pay all fees, taxes, and other amounts due for any purchase(s), and you authorize collection of your related information, and transfer of the same for payment processing, for your purchase(s) through the Services; for example, Company processes payments through third-party integrations through Stripe and Wizebank, and you authorize use of the same for your purchase(s). It shall be a material breach of this Agreement if you fail to timely pay all due fees. Such failure of payment may result in suspension or termination of your access to the content or services and/or account, in Company’s sole discretion. To the fullest extent permitted by law, if you dispute any issue(s) relating to fees, you must promptly notify Company in writing of the dispute and submit any evidence supporting your position within 30 days after the dispute arose by emailing Company at firstname.lastname@example.org and you waive all claims related to fees not so disputed. If you have purchased a specific product/program, a separate agreement will supersede this Agreement where the terms expressly conflict or as otherwise outlined in such separate agreement.
4. User Content and DMCA Policy.
Content: You agree that any information, content, text, links, graphics, photos, audio, videos, data, or other materials or arrangements of materials uploaded, downloaded, shared, displayed, or provided by you in connection with the Services, including your comments, posts, communications, name, username, likeness, personal characteristics, image, voice, and profile picture (collectively, “Content”) are provided subject to this Agreement. You agree that such Content will be, as applicable, truthful, substantiated, lawful, and non-misleading and will not contain material that infringes on another’s copyright, trademark, or other proprietary rights. Company may access, review, screen, edit, suspend, pause, and delete your Content and your account at any time and for any reason, including to provide and develop the Services, to investigate any suspected violation of this Agreement or applicable laws, and to comply with applicable laws; however, Company has no obligation or duty to do so. You alone remain responsible for your Content and for ensuring that your Content fully complies with all applicable laws. You should carefully consider what Content to provide; once Content is public or has been distributed to third parties, you may not be able to control its disclosure, even if you delete an original post. Any use or reliance on any content or materials posted via or obtained by you through the Services is at your own risk. We do not endorse, support, represent, or guarantee the completeness, truthfulness, accuracy, or reliability of any Content on the Services or endorse any opinions expressed on the Services. All content is the sole responsibility of the person who originated such content. We may not monitor or control your Content or others’ content posted via the Services, and we cannot take responsibility for such content. Under Section 230 of the Communications Decency Act, we have complete immunity for user or third-party statements.
License: While you retain your rights to your Content, by using the Services, you grant Company a worldwide, royalty-free, sublicensable, assignable, revocable (to the extent not published), and transferable license to host, store, use, display, run, modify, adapt, edit, publish, translate, and distribute your Content, as well as a perpetual license to exhibit, broadcast, syndicate, publicly perform, and publicly display Content in any form and in any and all media or distribution methods (now known or later developed), in connection with the Services, including for marketing purposes. You agree that your sole consideration for this license is your ability to use the Services as intended. You represent and warrant that you have all rights, interest, ownership, power, and authority necessary to grant the rights and license granted in this Agreement for your Content.
DMCA Policy: Pursuant to the Digital Millennium Copyright Act ("DMCA"), if you believe content on the Services violates your copyright(s), you may submit a "Notice” to our Copyright Agent with the subject line “DMCA Notice”:
10XBNB Inc. Legal Department
2055 Limestone Rd STE 200-C,
Wilmington, DE 19808
Your Notice must contain:
(a) a signature, electronic or physical, of the copyright owner or a person authorized to act on their behalf;
(b) an identification of the copyright claimed to have been infringed;
(c) a description of the nature and location of the material that you claim infringes on your copyright, in sufficient detail to permit us to find and identify that material;
(d) your name, address, telephone number, and email address; and
(e) a statement by you: (i) that you believe in good faith that the use of the material that you claim to infringe your copyright is not authorized by law, or by the copyright owner or such owner's agent, and (ii) under penalty of perjury, that all of the information contained in your Notice is accurate, and that you are either the copyright owner or a person authorized to act on their behalf.
We will respond to compliant Notices, including as appropriate, by removing or disabling links to the offending material. If we take action, we will make a good faith attempt to contact the party who made the content available at the party’s most recent email address. Under the DMCA, you may be liable for damages based on material misrepresentations in your Notice. You should also make a good-faith evaluation regarding fair use. If you are unsure about a Notice, you should first contact an attorney. We are not an attorney and cannot provide you with legal advice.
If you have a good faith belief that we removed your content in error, you may submit a “Counter Notice” to us with the following information:
(a) your name, address, and phone number;
(b) any ID found at the bottom of any notification;
(c) the location of the content we removed;
(d) a statement under penalty of perjury that you have a good faith belief that the content was removed in error;
(e) a statement that you consent to the jurisdiction of federal district court for the judicial district in which your address is located, or if your address is outside of the United States, for any judicial district in which the applicable parties may be found, and that you will accept service of process from the person who provided the original complaint; and
(f) a physical or electronic signature.
If we receive notice that a user has repeatedly infringed copyrights, we may suspend and/or terminate the user’s account or take any other action in our discretion under our repeat infringer policy. We reserve all rights to terminate or suspend any user for violation of our Terms.
5. Prohibited Conduct.
By using the Services, you agree to not violate any terms of this Agreement or any applicable laws. You are solely responsible for your use of the Services, your account, and your Content. You further agree to not do, attempt to do, or assist another in doing the items prohibited by this Section. Company reserves the right to refuse or cancel services, suspend or terminate accounts, or remove or edit any content in Company’s sole discretion.
In addition, without limitation, you will not use the Services in a manner that:
• violates any applicable laws or regulations;
• violates or infringes our or another’s rights of publicity, privacy, copyright, trademark, or other intellectual property right;
• bullies, harasses, or intimidates; defames;
• spams users without express consent; use another’s account;
• posts any material that contains pornography, graphic violence, threats, hate speech, or incitements to violence;
• uploads viruses or other malicious code or otherwise compromise the security of the Services; attempt to circumvent any content-filtering techniques;
• probes, scans, or tests the vulnerability of our Services or any related system or network;
• encourages or promotes any activity that violates this Agreement or any applicable laws;
• could disable, overburden, damage, or impair the Services;
• uses any robot, spider, scraper, or automatic device to access the Services or user data for any reason without our prior express consent;
• uses the Services for any commercial purpose without our prior express consent;
• introduces any virus or other malware to any Company website, application, or related servers;
• imposes an unreasonable or disproportionately large load on our infrastructure;
• gains access to any aspect of the Services that you are not authorized to access;
• attempts to or actually does copy, modify, distribute, sell, assign, or lease any part of our Services, or reverse engineer or attempt to extract the source code relating to the Services, without our prior express consent;
• constitutes or furthers any resale or sublicense the Services;
• engages in any conduct that restricts or inhibits the use of the Services by any other person, or which, as determined by Company, may harm Company or third parties or expose them to liability.
10XBNB disclaims any perceived, implied, or actual duty to monitor content made available through the Service, and specifically disclaims any responsibility or liability for information provided on the Service. Without limiting any of its other remedies, 10XBNB reserves the right to terminate your use of the Service for your uploading, posting, transmission, display, performance, or distribution of content which 10XBNB, in its sole discretion, determines violates these Terms. 10XBNB intends to cooperate fully with any law enforcement officials or agencies in the investigation of any violation of this Agreement or of any applicable laws.
6. Intellectual Property and Limited License.
Company (or its licensors, partners, providers, or suppliers) owns all right, title, and interest in and to the Services, including the infrastructure and all related technology and intellectual property and proprietary content, including all related software, copyrights, and trademarks, including this website. All content included as part of the Services, such as text, graphics, logos, audio, video, images, content, software, and materials, as well as the compilation thereof, is the property of Company (or its licensors, partners, providers, or suppliers), subject to third-party and user Content. Company reserves all rights in its intellectual property and proprietary content. You agree to abide by all copyright and other proprietary notices, legends, or other restrictions and to not make any changes thereto. Subject to your full compliance with this Agreement and all applicable laws, Company grants you a limited, revocable, non-exclusive, non-sublicensable, non-transferable license to access and use the Services as intended and solely in compliance with the Agreement. For example, you may make limited copies of information and materials made available to you through the Services, for your own personal use. You shall not otherwise copy, distribute, transmit, display, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products, or services obtained from or through the Services. Company reserves all rights and does not grant you any licenses, express or implied, except as expressly authorized by this Agreement. 10XBNB claims no other ownership, affiliation with, or endorsement of any photos, videos, or text submitted by end providers.
7. Disclaimers of Warranties.
TO THE FULLEST EXTENT PERMITTED BY LAW, COMPANY AND ITS OWNERS AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE SERVICES OR THE OPERATION OF ANY WEBSITE OR MATERIALS PROVIDED THROUGH THE SERVICES. COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS THAT THE SERVICES WILL BE ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING SUITABILITY, AVAILABILITY, ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF ANY ASPECT OF THE SERVICES OR MATERIALS. COMPANY IS NOT RESPONSIBLE FOR ANY FAILURES CAUSED BY SERVER ERRORS, MISDIRECTED OR REDIRECTED TRANSMISSIONS, FAILED INTERNET CONNECTIONS, OR ANY COMPUTER VIRUS OR OTHER TECHNICAL DEFECTS, WHETHER HUMAN OR TECHNICAL IN NATURE. COMPANY DISCLAIMS ALL LIABILITY ARISING FROM OR RELATED TO YOUR FAILURE TO KEEP ANY ACCOUNT CREDENTIALS OR OTHER DATA SECURE. COMPANY OR SUPPLIERS MAY MAKE UPDATES AND CHANGES TO THE SERVICES AT ANY TIME. SOME JURISDICTIONS DO NOT ALLOW CERTAIN DISCLAIMERS OF WARRANTY, SO THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU.
You assume all risks of using the Services. 10XBNB is not responsible for reviewing third-party content, including third-party links. You accept that, by using the Services, you may be exposed to content that is inaccurate, incomplete, misleading, offensive, or contrary to your needs or applicable laws; and you understand that there are risks when dealing with other parties online. You assume those risks and all risks of using the Services. It is your responsibility to conduct your own due diligence, including through any interviews, research, and reference checks, and you are solely responsible for your interactions with other users, including when communicating with other users or third-party sellers and when making any purchases. Further, 10XBNB is not responsible for storing or maintaining any information, subject to applicable laws, and you should make and keep copies of your own data. You acknowledge that a catastrophic disk failure or other similar event could result in the loss of all of the data related to your account. You understand it is your responsibility to backup your data to your personal computer or external storage device and to ensure such backups are secure.
We are constantly updating prices, products, and service offerings. We may experience delays in updating information on the Services and in our advertising on other websites. The information found on the Services may contain errors or inaccuracies and may not be complete or current. Any reliance on the material on this site is at your own risk, and you agree that we shall not be liable for any personal, financial, or other hardships or losses that may arise as a result of your reliance on the information contained on the website. While 10XBNB reserves the right to remove content from the Services, for errors or for violating these Terms, it does not assume any obligation to do so and disclaims any liability for failing to do so.
8. Limitations of Liability.
TO THE FULLEST EXTENT PERMITTED BY LAW, COMPANY AND ITS OWNERS AND AGENTS WILL NOT BE LIABLE FOR ANY LOST PROFITS OR REVENUES, LOSS OF USE, LOSS OF DATA, OR COSTS OF SUBSTITUTE GOODS OR SERVICES OR SIMILAR ECONOMIC LOSS, OR FOR ANY PUNITIVE, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR SIMILAR DAMAGES OF ANY NATURE, WHETHER FORESEEABLE OR NOT, UNDER ANY THEORY, ARISING OUT OF OR RELATED TO THE SERVICES, REGARDLESS OF NOTICE. THESE LIMITATIONS REFLECT A VOLUNTARY ALLOCATION BETWEEN THE PARTIES OF THE RISKS (KNOWN AND UNKNOWN) THAT MAY EXIST IN CONNECTION WITH THIS AGREEMENT. THE TERMS OF THIS SECTION SHALL SURVIVE ANY TERMINATION OF THIS AGREEMENT. 10XBNB IS NOT LIABLE OR RESPONSIBLE FOR ANY ACT, ERROR, CONTENT, REPRESENTATION, OMISSION, VIOLATION, OR BREACH OF OR BY ANY THIRD PARTIES, INCLUDING ANY USERS, PARTNERS, SUPPLIERS, LICENSORS, OR PROVIDERS. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICES, OR WITH THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICES. NOTWITHSTANDING THE FOREGOING, IN NO EVENT WILL THE AGGREGATE LIABILITY OF COMPANY, WHETHER UNDER CONTRACT, TORT, STRICT LIABILITY, OR ANY OTHER LEGAL OR EQUITABLE THEORY, EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS (U.S. $100.00) OR THE AMOUNT YOU PAID TO COMPANY, IF ANY, IN THE PAST 3 MONTHS PRECEDING THE CLAIM. SOME JURISDICTIONS MAY NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY, SO SOME OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
You knowingly and freely assume all risk when using the Services. You agree to defend, indemnify, and hold harmless Company and its parents, subsidiaries, employees, agents, owners, and licensors (who shall be third-party beneficiaries), from and against any claims, damages, losses, liabilities, costs, attorney’s fees, and expenses arising out of or related to any third-party claim relating to your use of the Services, your account, your content, your breach or alleged breach of this Agreement, or your violation or alleged violation of any applicable law or rights of any third party. You may not settle any such claim without the written consent of Company.
10. Third-Party Content.
Company is not responsible for third-party websites, applications, links, goods, services, posts, information, or content, even if made available through the Services. Company does not control third parties, and your reliance on the same is entirely at your own risk. Company does not formally endorse any third party, even if third parties are referenced through the Services.
12. Termination and Modification.
Company may change or terminate the Services from time to time without any notice to you. Company may terminate this Agreement at any time by discontinuing the Services or upon notice to you. Further, Company may modify the terms of this Agreement at any time upon notice, such as posting a new version via the Services, and you should review the Agreement each time you use the Services. This Agreement may not otherwise be amended except in writing, signed by both Parties. Provisions regarding dispute resolution, intellectual property, relationships, disclaimers, limits of liability, indemnification, and miscellaneous terms will expressly survive any termination, provided that any termination terminates your limited license to use the Services.
These Terms are subject to any applicable laws and provisions are void in any locations where prohibited. This Agreement does not create any partnership, joint venture, employment, or agency. The failure by either Party to enforce any provision of this Agreement will not constitute a present or future waiver of such provision nor limit such Party’s right to enforce such provision at a later time. All waivers by must be in writing to be effective. You may not assign or transfer this Agreement or any rights or obligations without the prior written consent of Company. Company may assign its rights and obligations under this Agreement and may engage subcontractors or agents in performing its duties and exercising its rights under this Agreement, without your consent. The Agreement will be binding on and will inure to the benefit of the Parties’ successors and permitted assigns. This Agreement, along with any other applicable Company terms and policies, is the entire agreement between you and Company regarding the subject matter of this Agreement and supersedes all prior or contemporaneous representations, understandings, agreements, or communications between you and Company, whether written or verbal, regarding the subject matter of this Agreement. Subject to the arbitration provision terms, this Agreement is governed by the laws of the Province of British Columbia. You have the right to consult an attorney before agreeing to the terms of this Agreement. Except as expressly provided otherwise, if any portion of this Agreement is held to be invalid or unenforceable, the remaining portions of this Agreement will remain in full force and effect. Any invalid or unenforceable portions will be interpreted to the effect and intent of the original portion. If such construction is not possible, the invalid or unenforceable portion will be severed from this Agreement, but the rest of the Agreement will remain in full force and effect. Company will not be liable for any delay or failure to perform any obligation under this Agreement where the delay or failure results from any cause beyond Company’s reasonable control, including acts of God, labor disputes or other industrial disturbances, electrical or power outages, utilities or other telecommunications failures, pandemics, earthquake, storms, or other elements of nature, blockages, embargoes, riots, acts or orders of government, acts of terrorism, or war. Company's performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement is in derogation of Company's right to comply with governmental, court, or law enforcement requests or requirements. A printed version of this Agreement and of any notice given in electronic form shall be admissible in proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Nothing in these Terms limits our right to comply with law enforcement or other governmental or legal requests or requirements. It is the express wish to the parties that this Agreement and all related documents be written in English.
Please contact us with any questions at:
1750-1055 West Georgia Street,
Vancouver, BC, V6E 3P3