Bendella Terms of Use.

Revised: April 16, 2019

These Terms of Use are effective immediately for unregistered users and users registering accounts or otherwise acknowledging acceptance of these terms on or after the revision date. For other users who registered accounts before the revision date, it will become effective thirty (30) days after the revision date.

These Terms of Use (the "Terms") govern your access to and use of our websites, emails and mobile applications ("Bendella"). These Terms also include our Privacy and Cookie Policy. By accessing and using Bendella, you agree to comply with these Terms. If you are using Bendella on behalf of a company or other legal entity, then "you" also means such company or legal entity and you agree to be bound by these Terms even if we have a separate agreement with you. You may not use Bendella if you do not agree to the version of the Terms posted on Bendella at the time you access Bendella. (The terms "we" and "us" refer to Bendella, Inc., a Delaware corporation.)

Please note: These Terms require the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions, and also limit the remedies available to you in the event of a dispute.

Eligibility to Use Bendella
To access or use Bendella, you must be at least 18 years of age or, if older, the age of majority in your jurisdiction, otherwise you may not use Bendella. An employer and its authorized agent(s) are permitted to use the employer's Free Employer Account and any data about that employer provided via that account for the employer's internal business purposes. Except as set forth above, or as otherwise approved by us, Bendella is for your personal, non-commercial use unless you enter into a separate agreement with us for your commercial use. You may not use Bendella if we have terminated your account or banned you.
   

Bendella Account.
In order for you to create a Bendella account, we require that you provide a valid email address. The email you use must be one where we can reach you. In the event we cannot correspond with you via this email address, your submitted content may be rejected and your account may be disabled. Other registration requirements (such as, a click on a link in a Bendella job alert email by unregistered users who create job alerts, or a requirement for individuals to contribute no more than one company review, interview review, and/or salary details of a current or former job per year) may also apply. Once you have set up a password, you will be given access to your profile and other private areas of your account. You are responsible for maintaining the confidentiality of your password. You agree to notify us immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account. Passwords are subject to cancellation or suspension by Bendella at any time. When you set up an individual user account on Bendella, we create a member profile (a "Profile") for you that will include personal information you provide. We will update your Profile with information we extract from resumes you upload on Bendella. You may permit us to share information in your Profile with prospective employers, recruiters, and others. Subject to visibility settings that you control, subscribers to services we may introduce will be able to view information in your Profile. Because your anonymity on Bendella is important, your Profile does not include or link to information about the reviews or salary information you submit to Bendella.

Social Sign Up and Sign In.
You may be able to register an account and subsequently access Bendella through a social networking site, such as Facebook("Social Networking Site"). If you access Bendella through a Social Networking Site you agree that we may access, make available through Bendella, and store (if applicable) any information, data, text, messages, tags, and/or other materials that you have provided to and stored and made accessible in your Social Networking Site account so that it is available on and through Bendella via your account and your Profile page. Subject to the privacy settings that you have set with the Social Networking Site account you use to access Bendella, personally identifiable information that you post to that Social Networking Site may be displayed on Bendella. Please note: your relationship with your Social Networking Sites is governed solely by your agreement with those Social Networking Sites and we disclaim any liability for personally identifiable information that may be provided to us by a Social Networking Site in violation of the privacy settings that you have set with that Social Networking Site account.


Third-Party Content on Bendella.
Content from other users, advertisers, and other third parties is made available to you through Bendella. "Content" means any work of authorship or information, including salaries, company reviews, interview reviews, company photos, logos, employer responses, job ads, employer profile information, advertisements, comments, opinions, postings, resumes, messages, text, files, images, photos, works of authorship, e-mail, data or other materials you find on Bendella. Because we do not control such Content, you understand and agree that: (1) we are not responsible for, and do not endorse, any such Content, including advertising and information about third-party products and services, job ads, or the employer, interview and salary-related information provided by other users; (2) we make no guarantees about the accuracy, currency, suitability, reliability or quality of the information in such Content; and (3) we assume no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful Content made available by users, advertisers, and third parties.

In accordance with Section 230 of the U.S. Communications Decency Act, and any equivalent or similar laws in other jurisdictions which are intended to exclude or limit the liability of online service providers who provide access to user-generated content, we generally cannot be held liable for claims arising from the Content provided by third parties on Bendella.
We allow users to post content about employers when they have been employed by the employer as a full-time, part-time, contractor, freelancer, independent employee, or provide work that is an integral part of the employer's value chain. We also allow users to review the staffing firms that place them in these roles. We consider all workers in these roles as 'employees' with regard to Content left on Bendella. While we provide the option for Bendella reviewers to specify the category of their employment when they leave a review (e.g contractor, freelancer, etc.), we do not consider this a requirement. It does not violate our Community Guidelines or these Terms for a worker in any one of these roles to leave a review as an "employee."

House Rules.
You represent and warrant that you will use Bendella solely for lawful purposes in a manner consistent with these Terms and any and all applicable laws, regulations, or other legally enforceable obligations (including contractual obligations) you may have towards us and any third parties. You are solely responsible for any and all Content that is posted through your account on Bendella ("Your Content"). You agree that by submitting or authorizing Your Content for use on Bendella, you have reviewed and understood our Community Guidelines. You understand that you may expose yourself to liability if Your Content or other use of Bendella violates applicable law or any third-party right.

You agree that you will not:
  1. Impersonate another person, or his or her email address, or misrepresent your current or former affiliation with an employer;
  2. Create user accounts under false or fraudulent pretenses; create or use an account for anyone other than yourself; or create multiple active user accounts to post multiple reviews for the same company
  3. Post Content that you do not own or have the right to post in accordance with the license set forth in these Terms;
  4. Violate these Terms, the terms of your agreements with us, explicit restrictions set forth in our Community Guidelines, or any applicable law, rule or regulation;
  5. Post Content that is defamatory, libelous, or fraudulent; that you know to be false or misleading; or that does not reflect your honest opinion and experience;
  6. Act in a manner that is harassing, threatening, abusive, racist or bigoted, is otherwise objectionable (as determined by Bendella);
  7. Promote, endorse or further illegal activities;
  8. Disclose information in violation of any legally enforceable confidentiality, non-disclosure or other contractual restrictions or rights of any third party, including any current or former employers or potential employers;
  9. Violate the privacy, publicity, copyright, patent, trademark, trade secret, or other intellectual property or proprietary rights of any third-party;
  10. Post anything pornographic or sexually explicit in nature, or engage in the exploitation of persons in a sexual or violent manner;
  11. Solicit personally identifying information from minors;
  12. Except as expressly approved by us, and subject to applicable laws, use Bendella for commercial activities and/or promotions such as contests, sweepstakes, barter, pyramid schemes, advertising, affiliate links, and other forms of solicitation;
  13. Imply a Bendella endorsement or partnership of any kind without our express written permission;
  14. Send messages in violation of the USA CAN-SPAM Act or any other applicable anti-spam law;
  15. Introduce software or automated agents to Bendella, or access Bendella so as to produce multiple accounts, generate automated messages, or to scrape, strip or mine data from Bendella without our express written permission;
  16. "Frame" or "mirror" or otherwise incorporate part of Bendella into any website, or "deep-link" to any portion of Bendella without our express written permission.
  17. Copy, modify or create derivative works of Bendella or any Content (excluding Your Content) without our express written permission);
  18. Copy or use the information, Content (excluding Your Content), or data on Bendella in connection with a competitive service, as determined by Bendella;
  19. Sell, resell, rent, lease, loan, trade or otherwise monetize access to Bendella or any Content (excluding Your Content) without our express written permission;
  20. Interfere with, disrupt, modify, reverse engineer, or decompile any data or functionality of Bendella;
  21. Interfere with, disrupt, or create an undue burden on Bendella or the networks or services connected to Bendella;
  22. Introduce any viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or similar software to Bendella; or Attempt to circumvent any security feature of Bendella;
       
Links to Third-Party Websites.
Bendella may contain links to third-party websites placed by us as a service to those interested in this information, or posted by other users. Your use of all such links to third-party websites is at your own risk. We do not monitor or have any control over, and make no claim or representation regarding third-party websites. To the extent such links are provided by us, they are provided only as a convenience, and a link to a third-party website does not imply our endorsement, adoption or sponsorship of, or affiliation with, such third-party website. When you leave Bendella, our terms and policies do not govern your use of third-party websites.

Applying on Bendella.
Some of our job postings allow you to complete and submit your application on Bendella. We provide this service by working directly with an employer or by searching the Internet for the best contact information we can find for an employer. When you click the "Apply" button to submit an application on Bendella, we send your application to the most appropriate contact information we have on file for that employer. While we endeavor to make this service the best it can be, employer websites are not controlled by us, and we cannot guarantee that your application will be properly received and logged by the third-party employer website upon transmission. If you have any reason to think your application was not received by an employer, we suggest you contact them directly to confirm. Bendella does not guarantee the identity of an employer or any individuals working for any employers, and cautions job seekers when applying to jobs. Bendella does not guarantee the validity of a job offer and cautions job seekers to verify the validity of a job offer before taking an adverse action regarding their current employment situations. You are solely responsible for verifying the accuracy of any employer or job offer.

Bendella Messaging Service.
Bendella provides the Bendella Messaging Service, a two-way message proxy and relay system. By utilizing the Bendella Messaging Service, you acknowledge that you are asking Bendella to send these messages on your behalf. This includes your resumes, cover letters, applications, messages, questionnaire answers, responses, offer letters and other materials. The Bendella Messaging Service will show the name associated with your account or job application in the "To:” or "From:” field. Bendella may also insert functionality into messages relating to your application allowing you to place calls directly to third parties. Please note this functionality is provided solely as a courtesy and that such calls are not placed through or tracked by Bendella. Since the Bendella Messaging Services depend on the functionality of third-party providers, there may be technical delays on the part of those email service providers. Bendella assumes no responsibility for the communications between parties using the Bendella Messaging Service, which communications are the sole responsibility of the parties using the service.

When you ask Bendella to transmit an application or a message, including, but not limited to, a signed offer letter, to an employer via Easy Apply or the Bendella Messaging Service or store such application, you understand that this is without warranty, and that Bendella reserves the right to reformat such application or message. Bendella reserves the right to verify and confirm the identity of any party associated with an email relay. We also reserve the right to drop messages in accordance with these Terms, including without limitation dropping any message with an .ade, .adp, .bat, .chm, .cmd, .com, .cpl, .exe, .hta, .ins, .isp, .jar, .jse, .lib, .lnk, .mde, .msc, .msp, .mst, .pif, .scr, .sct, .shb, .sys, .vb, .vbe, .vbs, .vxd, .wsc, .wsf, .wsh, or .zip attachment for any or no reason.

Salary Estimates.

In certain markets we may offer salary estimate features, such as personalized market value estimates (currently branded as Know Your Worth), salary estimates for job roles, and salary estimates for specific job openings. Unless otherwise indicated, we estimate base salary only and do not include the value of bonus, equity, benefits, or other forms of compensation. Though we may offer employers the ability to supplement or replace our salary estimates with their own data, users should understand that, unless indicated otherwise, results do not represent verified salaries, guarantees of actual salaries, or endorsements from employers. Their purpose is to provide data to promote transparency and to help people make informed decisions. We do not guarantee the accuracy of results and you are responsible for how you use them. We encourage you to supplement Bendella's salary estimates with other research. If you are an Employer with a Free Employer Account, you have the ability to update your pay ranges by logging into the Employer Center and clicking on the "Jobs & Recruiting" tab and then "All Jobs". If you have other questions or want to provide other feedback on salary estimates, please contact us here.
        
You may not post any job ad that:

  1. Does not comply with the applicable laws or regulations of the state and country where the job is to be performed, including laws relating to labor and employment, equal employment opportunity and employment eligibility requirements, data privacy, data access and use and intellectual property;
  2. Contains false information or solicits employees by intentional misrepresentation, such as, misrepresentation of the terms of employment, the hiring entity, or the identity of the poster;
  3. Requires an application fee or up-front or periodic payments; requires recruitments of others; resembles a multi-level marketing scheme, franchise, pyramid scheme, "club membership", distributorship or sales representative agency arrangement; or only pays commissions (except where the listing makes clear that the available job pays commission only and clearly describes the product or service that the job seeker would be selling); or resembles a multi-level marketing scheme (unless you comply with the Bendella Guidelines for Multi-Level Marketing Companies).
  4. Involves any screening requirement where such screening requirement is not an actual and legal requirement of the advertised position;
  5. Contains any logo or brands, or link to website, other than your own or those of any entity for which you are authorized to submit job ads;
  6. Contains multiple job openings in a single job ad (unless you've purchased a service that permits this);
  7. Does not comply with Title VII of the Civil Rights Act or the EEOC's Enforcement Guidance on Employer's Consideration of Arrest and Conviction Records in Employment Decisions, and relevant state and local laws that prohibit employers from discriminating against people with criminal backgrounds and require employers to delay inquiry into an applicant's criminal history until later in the hiring process.
  8. Discriminates against applicants on the basis of gender, race, religion, sexual orientation, age, disability, or any other ground(s) prohibited by applicable law, in each case as determined in Bendella's reasonable discretion.
Reviews on Bendella.
You may not offer incentives in exchange for company or interview reviews. You may not trade reviews with other employers. We will remove reviews where we have evidence that users were compensated to leave reviews.
You may not coerce employees to leave reviews. Coercion includes asking employees to provide proof to an employer that they wrote a review whether or not that proof includes the content of the review itself.
If you are a multi-level marketing company, you agree that you have reviewed and will abide by the Bendella Guidelines for Multi-Level Marketing Companies.
Communications with Job Seekers. We may inform a user when you have taken an action with respect to information we have shared with you on behalf of that user, such as when you open the user's application, view their resume, view their profile on Bendella, and/or make a decision about their application. When you view, store or receive materials through your use of Bendella, we may use such materials for data analysis, quality control, or to refine our platform and services. We may also share with our users our observations based on such data analysis. For example, we may tell our users which employers are more likely to open applications submitted to Bendella, which employers are active on Bendella, and how long certain aspects of the candidate process take on average for a given employer. We may, on your behalf, send out reminder emails to Job Seekers you wish to interview. Bendella may also send emails to Job Seekers on your behalf indicating that your job posting is potentially a match for the Job Seeker’s resume. You understand and agree that Bendella may take such actions.

Special Provisions Applicable to Advertisers
This provision applies to all advertisers, including employers who purchase job ads or display ads. Unless we agree otherwise, you may not use or otherwise process data collected or derived from ads ("Ad Data") for any purpose (including retargeting, building or augmenting user profiles, allowing piggybacking or redirecting with tags, or combining with data across multiple advertisers' campaigns) other than to assess the performance and effectiveness of your campaigns on an aggregate and anonymous basis. You may not, and you may not permit a third-party to, transfer or sell any Ad Data to, or use Ad Data in connection with, any ad network, ad exchange, data broker, or other party not acting on behalf of you and your campaigns. You may use information provided directly to you from users if you provide clear notice to and obtain consent from those users and comply with all applicable laws and industry guidelines, including those applicable to data protection.
    
Enforcement by Bendella
Removal of Content. While Bendella has no obligation to do so, Bendella reserves the right to review and delete any Content (or portion thereof) that we believe, in our sole discretion, violates these Terms or other applicable policies posted on Bendella (including our Community Guidelines), or that we deem, in our sole discretion, inappropriate. If you see any Content on Bendella that you believe violates our policies, you may report that Content by clicking on an applicable link adjacent to that Content (e.g. links titled: "Inappropriate" or "Flag Review") or by contacting us here. Once notified, we will review the Content and consider whether to remove it (or a portion thereof). Please note: Our interpretation of our policies and the decision whether or not to edit or remove Content is within our sole discretion. You understand and agree that if we choose not to remove or edit Content that you find objectionable, that decision will not constitute a violation of these Terms or any agreement we have with you. For more information please see our Legal FAQs.

Copyright Policy.
Please see our Copyright Complaint Policy for information about copyright and trademark disputes.
Other Enforcement Actions. While we have no obligation to do so, we reserve the right to investigate and take appropriate action in our sole discretion against you if you violate these Terms, including without limitation: removing Content (or portions thereof) from Bendella; suspending your rights to use Bendella; terminating your membership and account; reporting you to law enforcement, regulatory authorities, or administrative bodies; and taking legal action against you.
        
Defending Our Users.
While we have no obligation to do so, we reserve the right, to the fullest extent permitted by applicable law, to take appropriate action to protect the anonymity of our users against the enforcement of subpoenas or other information requests that seek a user's electronic address or identifying information.

Rights to Your Content

We do not claim ownership in any Content that you submit or authorize for use to Bendella, but you grant us the rights to use such Content as set forth below. By submitting or authorizing us to display any Content on Bendella, you hereby grant to us an unrestricted, irrevocable, perpetual, non-exclusive, fully-paid and royalty-free, license (with the right to sublicense through unlimited levels of sublicenses) to use, copy, perform, display, create derivative works of, adapt and distribute such Content in any and all media (now known or later developed) throughout the world. To the greatest extent permitted by applicable law, you hereby expressly waive any and all of your moral rights applicable to Bendella's exercise of the foregoing license. You agree that this license includes the right for us to provide, promote, and improve Bendella and to make Content submitted to or through Bendella available to other companies, organizations or individuals for the syndication, broadcast, distribution, promotion or publication of such Content on other media and services, subject to our terms and conditions for such Content use. No compensation will be paid with respect to the Content that you post through Bendella. You should only submit Content to Bendella that you are comfortable sharing with others under the terms and conditions of these Terms.

Rights to Bendella Content
Bendella contains Content provided by us and our licensors. We and our licensors (including other users) own and retain all proprietary (including all intellectual property) rights in the Content we each provide and Bendella owns and retains all property rights in Bendella. If you are a user, we hereby grant you a limited, revocable, non-sublicensable license under the intellectual property rights licensable by us to download, view, copy and print Content from Bendella solely for your personal use in connection with using Bendella. Except as provided in the foregoing, you agree not to: (1) reproduce, modify, publish, transmit, distribute, publicly perform or display, sell, adapt or create derivative works based on Bendella or the Content (excluding Your Content); or (2) rent, lease, loan, or sell access to Bendella. Bendella ® is a registered trademark of Bendella, Inc. The trademarks, logos and service marks ("Marks") displayed on Bendella are our property or the property of third parties. You are not permitted to use these Marks without our prior written consent or the consent of the third party that owns the Mark.
    
Indemnity
You agree to defend, indemnify, and hold us and our subsidiaries and our and their respective officers, directors, board members, board advisors, employees, partners, agents successors and assigns (collectively, the "Bendella Group") harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees and costs, made by any third party due to or otherwise arising from your use of Bendella, including due to or arising from your breach of any provision of these Terms.
    
Disclaimers and Limitation on Liability
The disclaimers and limitations on liability in this section apply to the maximum extent allowable under applicable law. Nothing in this section is intended to limit any rights you have which may not be lawfully limited.
Any emails or email notifications corresponding with any activity on Bendella, the Bendella Messaging Service, or any other communications service, product, or feature provided on or through Bendella, are provided solely as a courtesy. Bendella disclaims all warranties with regard to the transmission or storage of such courtesy notices, does not guarantee their delivery or receipt, and does not guarantee the date or time at which they may be sent. In the event a message being sent is intended for a closed account, these messages will not be deliverable. Further, if you are an employer and you posted a job posting directly on Bendella, applications are sent only to your Bendella dashboard; any other notifications you may receive are provided solely as a courtesy to you

Bendella assumes no responsibility, and disclaims all liability for the content, accuracy, completeness, legality, reliability, or availability of any job posting, career page, job solicitation, screener question, answer to screener question, resume information, or message you post, send or receive through Bendella or the Bendella Messaging Service.

You are solely responsible for your interactions with advertisers and other users and we are not responsible for the activities, omissions, or other conduct, whether online or offline, of any advertiser or user of Bendella. We are not responsible for any incorrect, inaccurate, or unlawful Content (including any information in profiles) posted on Bendella, whether caused by users or by any of the equipment or programming associated with or utilized in Bendella. We assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any communication with advertisers or other users. We are not responsible for any problems or technical malfunction of any hardware and software due to technical problems on the Internet or on Bendella or combination thereof, including any injury or damage to users or to any person's computer related to or resulting from participation or downloading materials in connection with Bendella. Under no circumstances shall we be responsible for any loss or damage resulting from the use of Bendella or from any Content posted on Bendella or transmitted to users, or any interactions between users of Bendella, whether online or offline.

Bendella is provided "as-is" and as available. We expressly disclaim any warranties and conditions of any kind, whether express or implied, including the warranties or conditions of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, or non-infringement. We make no warranty that: (1) Bendella will meet your requirements; (2) Bendella will be available on an uninterrupted, timely, secure, or error-free basis; or (3) the results that may be obtained from the use of Bendella will be accurate or reliable.

You hereby release the Bendella Group from any and all claims, demands, and losses, damages, rights, claims, and actions of any kind that are either directly or indirectly related to or arises from: (1) the actions, Content, or data of third parties (including, advertisers and other users) (2) your participation in any offline events.

IN NO EVENT SHALL THE BENDELLA GROUP BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF BENDELLA, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, WHERE PERMITTED BY APPLICABLE LAW, YOU AGREE THAT THE BENDELLA GROUP'S LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO YOUR USE OF BENDELLA (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO ONE HUNDRED U.S. DOLLARS ($100).

    
Termination
These Terms remain in effect while you use Bendella and, for registered users, as long as your account remains open. You may delete your account at any time. We may suspend or terminate your account or your access to parts of Bendella, for any or no reason, without notice to you. We will have no liability whatsoever to you for any termination of your account or related deletion of your information.
All provisions of these Terms shall survive termination or expiration of these Terms except those provisions granting access to or use of Bendella. For the avoidance of doubt, you agree that these Terms apply to your use of Bendella and any Content posted on Bendella at any time prior to the termination or expiration of these Terms.

Changes to Terms
We may revise these Terms from time to time by posting an updated version on Bendella. The revised Terms will be effective immediately for unregistered users and users registering accounts on or after the revision date. For users who registered accounts before the revision date, they will become effective thirty (30) days after the revision date. If we make a change that we believe materially reduces your rights or increases your responsibilities we will notify you by email (sent to the e-mail address specified in your account) or by means of a notice on this website prior to the change becoming effective. We may provide notice of changes in other circumstances as well. Any such changes will not apply to any claim brought prior to the effective date of the revised Terms incorporating such changes. We encourage you to periodically review this page for the latest information on our Terms. Your continued use of Bendella is subject to the most current effective version of these Terms.
   
Third-Party Discovery
You agree to waive your right to file a pre-suit discovery proceeding seeking a user's identifying information from Bendella. If you intend to propound discovery seeking a user's identifying information, you agree to do so pursuant to a valid California subpoena, properly issued in connection with an active lawsuit and properly served on our registered agent in California at Bendella, Inc., c/o CT Corporation, 818 W Seventh Street, Los Angeles, CA 90017. You further agree that all such subpoenas and discovery proceedings arising from such subpoenas shall be issued from, brought and resolved exclusively in the state courts located within Marin County, California or the federal courts in the Northern District of California, as appropriate, and you agree to submit to the personal jurisdiction of each of these courts for such discovery proceedings.
   
Dispute Resolution
PLEASE READ THIS CAREFULLY. IT AFFECTS YOUR RIGHTS. YOU AGREE THAT BY ENTERING INTO THESE TERMS, YOU AND BENDELLA ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. YOU AND BENDELLA AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. ANY ARBITRATION WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED.

Agreement to Arbitrate.
If you reside in the United States, subject to the Exceptions to Arbitration set forth below, you and Bendella each agree that any and all disputes between consumer users of Bendella and Bendella arising under or related in any way to these Terms and such users' use of Bendella must be resolved through binding arbitration as described in this section. With the exception of the prohibition on class arbitrations set forth in this "Dispute Resolution" section, if an arbitrator or court decides that any part of this agreement to arbitrate is unenforceable, the other parts of this Agreement to Arbitrate will still apply.

Exceptions to Arbitration.
This Agreement to Arbitrate will not apply to the following: (a) small claims court cases that qualify; (b) legal proceedings that involve efforts to obtain user-identifying information; (c) any legal proceedings brought against any of the Bendella Group by companies or other legal entities; or individuals acting on behalf of such companies or other legal entities; (d) any legal proceedings brought by any of the Bendella Group against companies or other legal entities or individuals acting on behalf of any such companies or other legal entities; and (e) a party's right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights. If, for some reason, the prohibition on class arbitrations set forth in this Dispute Resolution section cannot be enforced, then the entirety of this Agreement to Arbitrate will not apply. Where this Agreement to Arbitrate does not apply, the remainder of this Agreement and the Dispute Resolution section will continue to apply.

Informal Dispute Resolution.
If either of us intends to seek arbitration under the agreement, the party seeking arbitration must first notify the other party of the dispute in writing at least 30 days in advance of initiating arbitration. Notice to Bendella should be sent to the Litigation Department, Bendella Inc., 100 Shoreline Highway, Mill Valley, CA 94941. If you have an account on Bendella, notice to you will be sent to the email address associated with your account. The notice of dispute ("Notice") must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought. You may download or copy a form Notice here. If Bendella and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or Bendella may commence formal proceeding.

Arbitration Procedure.
The arbitration will be governed by the Consumer Arbitration Rules of the American Arbitration Association ("AAA"), if applicable, as modified by this section. The AAA's rules and a form for initiating the proceeding are available at www.adr.org. Any settlement offer made by you or Bendella shall not be disclosed to the arbitrator. Unless otherwise required by the applicable arbitration rules, the arbitration shall be held in San Francisco, California. For any claim where the total amount of the award sought is $10,000 or less, you and Bendella may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and Bendella subject to the arbitrator's discretion to require an in-person hearing. In cases where an in-person hearing is held, you or Bendella may attend by telephone, unless the arbitrator requires otherwise. The arbitrator will decide the substance of all claims in accordance with applicable law, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different users, but is bound by rulings in prior arbitrations involving the same Bendella user to the extent required by applicable law. The arbitrator's award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

For your convenience, we are providing an Opt-Out Notice form you must complete and mail to opt out of your agreement to arbitrate. You must complete the Opt-Out Notice form by providing the information called for in the form, including your name, address (including street address, city, state and zip code), and the email address(es) associated with the Bendella account(s) to which the opt-out applies. You must sign the Opt-Out Notice for it to be effective. This procedure is the only way you can opt out of this Agreement to Arbitrate. If you opt out of the Agreement to Arbitrate, all other parts these Terms and this Dispute Resolution section will continue to apply to you. Opting out of this agreement to arbitrate has no effect on any previous, other, or future arbitration agreements that you may have with us.

Changes to the Agreement to Arbitrate.
Notwithstanding any provision in these Terms to the contrary, you and we agree that if we make any changes to this "Arbitration" section (other than a change to any referenced notice address or site link) in the future, that change will not apply to any claim that was filed in a legal proceeding prior to the effective date of the change. The change will apply to all other disputes or claims governed by this Arbitration section that have arisen or may arise between you and Bendella. We will notify you of changes to this Arbitration section by posting the changes on Bendella at least 30 days before the effective date of the changes and by email. If you do not agree to these changed terms, you may close your account within the 30 day period and you will not be bound by the changes.
    
Other
Except as specifically stated in another agreement we have with you, these Terms constitute the entire agreement between you and us regarding the use of Bendella and these Terms supersede all prior proposals, negotiations, agreements, and understandings concerning the subject matter of these Terms. You represent and warrant that no person has made any promise, representation, or warranty, whether express or implied, not contained herein to induce you to enter into this agreement. Our failure to exercise or enforce any right or provision of the Terms shall not operate as a waiver of such right or provision. If any provision of the Terms is found to be unenforceable or invalid, then only that provision shall be modified to reflect the parties' intention or eliminated to the minimum extent necessary so that the Terms shall otherwise remain in full force and effect and enforceable. To the extent allowed by law, the English version of these Terms are binding and the translations are provided for convenience only. The Terms, and any rights or obligations hereunder, are not assignable, transferable or sublicensable by you except with Bendella's prior written consent, but may be assigned or transferred by us without restriction. Any attempted assignment by you shall violate these Terms and be void. The section titles in the Terms are for convenience only and have no legal or contractual effect; as used in the Terms, the word "including" means "including but not limited to."