Agreement To Our Legal Terms
We are Oso Group Incorporated, a Delaware corporation, doing business as THEBAERBØNES ("Company," “we,” “us,” “our”), a company registered in California, United States at PO Box 580, Pauma Valley, CA 92061. We operate the website https://www.TheBaerBones.com (the “Site”), as well as any other related products and services that refer or link to these legal terms (the “Legal Terms”) (collectively, the “Services”). We aid in all website and brand matters. We create personal brands, custom websites, help with existing ones, boost SEO and performance to increase online traffic, automate backend workflows to improve business efficiency for other businesses, and we offer personal branding, website management, website, and automation subscriptions and purchases. We have a strong focus on individual business owners, small businesses and WCAG, ADA, and other accessibility legislation compliance with purchasable packages created for these. You can contact us by email at baer@thebaerbones.com, or by mail to PO Box 580, Pauma Valley, CA 92061, United States. These Legal Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you"), and Oso Group Incorporated, concerning your access to and use of the Services. You agree that by accessing the Services, you have read, understood, and agreed to be bound by all of these Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY. We will provide you with prior notice of any scheduled changes to the Services you are using. The modified Legal Terms will become effective upon posting or notifying you by baer@thebaerbones.com, as stated in the email message. By continuing to use the Services after the effective date of any changes, you agree to be bound by the modified terms. The Services are intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Services. We recommend that you print a copy of these Legal Terms for your records.
1. OUR SERVICES
The information provided when using the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
The Services are not tailored to comply with industry-specific regulations (Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so if your interactions would be subjected to such laws, you may not use the Services. You may not use the Services in a way that would violate the Gramm-Leach-Bliley Act (GLBA).
2. INTELLECTUAL PROPERTY RIGHTS
We are the owner or the licensee of all intellectual property rights in our Services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics in the Services (collectively, the “Content”), as well as the trademarks, service marks, and logos contained therein (the “Marks”).
Our Content and Marks are protected by copyright, trademark laws, and various other intellectual property rights and unfair competition laws, both in the United States and internationally.
The Content and Marks are provided through the Services “AS IS” for your personal, non-commercial use or internal business purposes only.
Subject to your compliance with these Legal Terms, including the “PROHIBITED ACTIVITIES” section below, we grant you a non-exclusive, non-transferable, revocable license to:
• Access the Services; and
• Download or print a copy of any portion of the Content to which you have properly gained access, solely for your personal, non-commercial use or internal business purposes.
Except as set out in this section or elsewhere in our Legal Terms, no part of the Services, Content, or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
If you wish to make any use of the Services, Content, or Marks other than as set out in this section or elsewhere in our Legal Terms, please address your request to: contact@THEBAERBONES.com. If we grant you permission to post, reproduce, or publicly display any part of our Services or Content, you must identify us as the owners or licensors of the Services, Content, or Marks and ensure that any copyright or proprietary notice appears or is visible upon posting, reproducing, or displaying our Content.
We reserve all rights not expressly granted to you in and to the Services, Content, and Marks.
Any breach of these Intellectual Property Rights will constitute a material breach of our Legal Terms, and your right to use our Services will terminate immediately.
Your Submissions
Please review this section and the “PROHIBITED ACTIVITIES” section carefully before using our Services to understand (a) the rights you give us and (b) your obligations when you post or upload any content through the Services.
Submissions: By directly sending us any question, comment, suggestion, idea, feedback, or other information about the Services (“Submissions”), you agree to assign to us all intellectual property rights in such Submission. You agree that we shall own this Submission and be entitled to its unrestricted use and dissemination for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.
Your Responsibility: By sending us Submissions through any part of the Services, you:
• Confirm that you have read and agree with our “PROHIBITED ACTIVITIES” and will not post, send, publish, upload, or transmit through the Services any Submission that is illegal, harassing, hateful, harmful, defamatory, obscene, bullying, abusive, discriminatory, threatening to any person or group, sexually explicit, false, inaccurate, deceitful, or misleading; • To the extent permissible by applicable law, waive all moral rights to any such Submission; • Warrant that any such Submissions are original to you or that you have the necessary rights and licenses to submit such Submissions, and that you have full authority to grant us the above-mentioned rights in relation to your Submissions; and • Warrant and represent that your Submissions do not constitute confidential information.
You are solely responsible for your Submissions, and you expressly agree to reimburse us for any and all losses that we may suffer because of your breach of (a) this section, (b) any third party’s intellectual property rights, or (c) applicable law.
3. USER REPRESENTATIONS
By using the Services, you represent and warrant that:
1. You have the legal capacity and agree to comply with these Legal Terms;
2. You are not a minor in the jurisdiction in which you reside;
3. You will not access the Services through automated or non-human means, whether through a bot, script, or otherwise;
4. You will not use the Services for any illegal or unauthorized purpose; and
5. Your use of the Services will not violate any applicable law or regulation.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we reserve the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).
4. PURCHASES AND PAYMENT
We accept the following forms of payment:
• Visa
• Mastercard
• American Express
• Discover
• PayPal
• Apple Pay
• Google Pay
• Afterpay
• Klarna
• CashApp
• Link
• Cartes Bancaires
You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Services. You further agree to promptly update your account and payment information, including your email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. Sales tax will be added to the price of purchases as required. We reserve the right to change prices at any time. All payments must be made in US dollars, UK Pounds, or Euros.
You agree to pay all charges at the prices then in effect for your purchases, including any applicable shipping fees, and you authorize us to charge your chosen payment provider for such amounts when placing your order. If your order is subject to recurring charges, you consent to our charging your payment method on a recurring basis without requiring your prior approval for each charge until you cancel the applicable order. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment.
5. CANCELLATION AND PURCHASE POLICY
By purchasing any THEBAERBØNES Plan, Product, or Service, and by agreeing to these Terms of Service, you also agree to the following Cancellation and Purchase Policy.
We reserve the right, at our sole discretion, to modify, update, or amend this Cancellation and Purchase Policy at any time, for any reason, and without prior notice. Changes to this policy will take effect immediately upon being posted on the Services, unless otherwise stated. Your continued use of the Services or failure to cancel any Plan, Product, or Service after modifications are posted constitutes your acceptance of the updated policy as legally binding. It is your responsibility to regularly review this policy to remain informed of any changes.
Additionally, our policies, terms, or services may be altered, modified, or supplemented through any subsequent agreements made via electronic communication, including but not limited to email, text, or other electronic messaging systems. Any such communications or agreements between you and THEBAERBØNES will become legally binding and will supplement, modify, or amend the terms outlined in this policy.
If you enter into any subsequent contracts, agreements, or understandings with us that address specific products, services, or policies, those agreements will be taken into account and applied in conjunction with these Terms of Service and this Cancellation and Purchase Policy, provided that they do not conflict with the core provisions outlined here. In the event of a conflict, the specific terms of the subsequent agreement will control, but only to the extent of the conflict.
Similarly, we reserve the right to modify, update, or amend the Terms of Service at any time, for any reason, without prior notice. Changes to the Terms of Service take effect immediately upon posting. Your continued use of the Services constitutes your acceptance of those changes.
By accepting this policy and the Terms of Service as a whole, you acknowledge that THEBAERBØNES has fully informed you of the supplemental accessibility offerings available for websites, including any services or guidance related to compliance with accessibility standards such as the Americans with Disabilities Act (ADA), Web Content Accessibility Guidelines (WCAG), and other relevant accessibility frameworks. If you did not request or utilize these accessibility offerings, you agree that you knowingly declined such services and accept full responsibility for the consequences thereof.
Furthermore, you acknowledge that THEBAERBØNES has informed you of the assistance we offer in drafting or customizing legal policies, including Terms of Service, Privacy Policies, and any other required legal documentation. If you did not request or utilize these services, you acknowledge that you voluntarily declined such assistance and accept full responsibility for the absence, inadequacy, or non-compliance of any legal policies associated with your use of THEBAERBØNES products or services.
If you did accept accessibility, legal, or compliance services from THEBAERBØNES, the responsibility for ensuring the completeness, sufficiency, and legal compliance of all documentation and implementations rests solely with you. You acknowledge and agree that any services provided by THEBAERBØNES are to the best of our knowledge and abilities and are not a substitute for professional legal counsel or regulatory compliance experts. THEBAERBØNES is not a law firm, and we do not offer legal advice. We assist based on our experience and understanding, but we do not assume any liability for legal, financial, or regulatory issues that may arise from the use of our products or services.
Additionally, if you engaged third-party providers or consultants—such as legal professionals, accessibility widget providers, or compliance service vendors—you agree that any liability for gaps, errors, or non-compliance falls solely on those third parties or on you for failing to implement necessary adjustments. We are not responsible or liable for any shortcomings in legal documentation or accessibility implementations provided by third parties, or for your failure to monitor, adjust, or comply with relevant laws and regulations.
By accepting these terms, you fully release THEBAERBØNES from any liability related to legal, compliance, or accessibility issues that may arise from your use of our services, regardless of whether you utilized or declined our assistance.
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These terms govern the THEBAERBØNES Website Policy, THEBAERBØNES Build Your Purpose + Website Policy, THEBAERBØNES Automation Package, THEBAERBØNES Automation Subscription, THEBAERBØNES Website Management Policy, Refunds and Cancellation Policy, every other policy outlined below in this section (Section 5 "Cancellation and Purchase Policy"), and any additional purchases (“add-ons” or “subscriptions”) related to services or products you have bought, contracted, or otherwise acquired. The policies outlined herein apply to all associated terms and conditions for any such purchases, services, or agreements.
We reserve the right, at our sole discretion, to modify, change, or discontinue any vocabulary, terminology, service offerings, or product categories at any time and for any reason, without prior notice. This includes the ability to add, remove, suspend, or revise services, products, add-ons, or subscriptions. Changes take effect immediately upon being posted on the Services or communicated through electronic channels (e.g., email, text, or other messaging platforms). Your continued use of the Services after any modification constitutes your acceptance of those changes as legally binding.
To purchase additional subscriptions or add-ons, one of the following conditions must be met:
1. Full payment for the contracted service or product as outlined at the time of purchase.
2. Active participation in, or completion of, an agreed-upon payment schedule (e.g., monthly installment payments over one year, as applicable).
• “Add-ons” refer to one-time purchases that supplement the original service or product. These do not require recurring payments unless bundled with a payment schedule, in which case payments end when the schedule concludes. Examples include but are not limited to “Additional Pages,” “Initial Blog,” or “Products” Pages.
• “Subscriptions” refer to ongoing, recurring payments that extend beyond a defined payment schedule or operate independently of other purchases. Subscriptions remain active indefinitely unless canceled in accordance with the Refunds and Cancellation Policy. Examples include services such as “THEBAERBØNES Website Management,” “Full Legal Compliance,” “Accessibility Compliance,” and “Blog/Product Posting.”
All terms associated with add-ons, subscriptions, or other purchases are legally binding and governed by this policy and the Terms of Service as a whole. Failure to comply with payment terms or misuse of services may result in the termination of your purchases or access to services, at our sole discretion, as outlined in the Terms of Service.
1. THEBAERBØNES "Website” and "Build Your Purpose" Policy
What This Purchase Includes:
• Scope of Services: Includes any offerings explicitly listed under the “Website” and “Build Your Purpose” cards within the Pricing section on the Home Page.
• Third-Party Account Assistance: Assistance with the creation or modification of accounts on third-party platforms directly related to or required for the operation of websites or brand components developed by THEBAERBØNES and paid for by the client.
• Add-Ons and Subscriptions: Includes any additional services, features, or subscriptions offered by THEBAERBØNES and purchased by the client beyond the initial scope of work.
• Error and Typo Corrections: THEBAERBØNES offers unlimited corrections of typographical errors or other mistakes directly attributable to its actions. This guarantee applies exclusively to errors for which THEBAERBØNES is responsible.
What This Purchase Does Not Include:
• Anything not listed under the “THEBAERBØNES Website” or “Build Your Purpose” sections on the Pricing page on the Home Page.
One Year Payment Route (OYPR)
• THEBAERBØNES “Website”: 12 installments of $100/month over one calendar year starting from the initial purchase date.
• THEBAERBØNES “Build Your Purpose” (which includes a website): 12 installments of $180/month over one calendar year starting from the initial purchase date.
The subscription is not payment for ongoing services (which can be found under the Website Management subscription) but rather a way to ease the initial cost of the website or personal brand package, serving as an alternative to paying in full upfront.
Payment in Full
• THEBAERBØNES “Website”: One-time payment of $1000.
• THEBAERBØNES “Build Your Purpose” (with Website): One-time payment of $1800.
Recurring Fees Post Payment
From the outset of the project, all costs associated with domain registration and web hosting are the sole responsibility of the client. THEBAERBØNES does not provide, cover, or manage domain name registration or web hosting services at any point during or after the website’s development. Clients must independently arrange and maintain these services through their preferred providers.
Failure to secure or renew domain registration and hosting may result in the website becoming unavailable. THEBAERBØNES bears no responsibility for such interruptions or any consequences arising from the client’s failure to manage these services.
Although the THEBAERBØNES Website Management subscription offers ongoing support for website and brand updates, it does not include domain or hosting payments. Clients are responsible for tracking and renewing these services to avoid downtime or disruptions.
Terms and Changes:
These terms are only subject to change if explicitly stated otherwise by THEBAERBØNES. Any deviation from this policy must be documented and communicated in writing or electronically between you, the client, and THEBAERBØNES (as referenced at the beginning of this Cancellation and Purchase Policy section).
2. THEBAERBØNES "Website Management” Policy
This policy outlines the terms and scope of the THEBAERBØNES Website Management subscription. By purchasing this subscription, the client agrees to the following terms and conditions and acknowledges that the services provided are strictly limited to the scope defined herein. Any services outside the defined scope will require additional agreements, fees, or contracts. THEBAERBØNES reserves the right to modify, limit, or discontinue any aspect of these services at any time, without prior notice, as deemed necessary.
What This Purchase Includes:
All services listed under the “THEBAERBØNES Website Management” section on the Pricing page.
• These services are subject to change at any time, and THEBAERBØNES reserves the right to modify or remove services without prior notice.
Three (3) hours per month for:
• Website changes
• Tutorials
• Answering questions directly with Baer
Additional hours beyond the monthly allocation are billed at $70/hour. If the client requires more hours per month or wishes to rebuild or redesign significant portions of their existing website, a custom agreement can be arranged upon request.
What This Purchase Does Not Include:
Any service not listed under the “THEBAERBØNES Website Management” section on the Pricing page.
• THEBAERBØNES reserves the right to modify, limit, or discontinue services not included in this policy at any time, without prior notice.
• Management services for websites or platforms not purchased through THEBAERBØNES.
Additional Terms and Conditions:
THEBAERBØNES makes no warranties or guarantees regarding the availability, performance, or suitability of third-party tools or integrations (e.g., accessiBe, Stripe, Google Analytics) beyond basic assistance with their implementation, if applicable.
The client is solely responsible for ensuring that any requested website changes comply with relevant laws, policies, or regulations. THEBAERBØNES will not be held liable for any non-compliance resulting from changes requested or implemented under this subscription.
Requests beyond the three (3) hours of monthly service may require approval from THEBAERBØNES and will incur additional fees.
This policy governs the full extent of the THEBAERBØNES Website Management subscription. If additional services are required or unforeseen issues arise outside the scope of this policy, they will be addressed on a case-by-case basis with appropriate amendments and associated fees.
3. THEBAERBØNES "Automation” Package Policy
What This Purchase Includes:
Scope of Services: Includes any offerings explicitly listed under the “Automation Package” card within the Pricing section on the Home Page, such as:
• Invoice Automation: Automate your invoicing process to save time and reduce human error.
• Backend Organization: Streamline workflows to maintain operational efficiency.
• Automation Consultations: Identify new opportunities for automation tailored to your business.
• Repetitive Task Automation: Eliminate mindless, repetitive tasks to increase productivity.
• Bespoke Workspace Creation: Build customized digital workspaces to fit your team’s needs.
• Communications Streamlining: Automate communication channels for smoother business operations.
• Third-Party Account Assistance: Assistance with setting up or modifying accounts on third-party platforms directly related to the operation of the automation services provided by THEBAERBØNES.
• Add-Ons and Subscriptions: Includes any additional automation services, features, or subscriptions offered by THEBAERBØNES and purchased by the client beyond the initial scope of work.
• Troubleshooting and Error Corrections: THEBAERBØNES provides troubleshooting and error corrections if the issue is attributable to its actions. This support is available for up to one month after the work is completed. After one month, troubleshooting is only available through an ongoing automation maintenance subscription.
What This Purchase Does Not Include
• Anything not listed under the “THEBAERBØNES Automation Package” section on the Pricing page on the Home Page.
• Website Management Services: The Automation Package is a separate offering and is not included under the Website Management subscription.
One Year Payment Route (OYPR)
The THEBAERBØNES “Automation” package can be paid through 12 installments of $80/month over one calendar year starting from the initial purchase date.
This payment plan is not for ongoing services but is offered as a way to ease the initial cost of the automation package.
Payment in Full
The THEBAERBØNES “Automation” package can be paid in full with a one-time payment of $800.
Ongoing Subscription for Automation Maintenance
Once the initial work is completed, clients can continue receiving automation support through an ongoing $80/month subscription, which provides 4 hours of automation work per month. If more than 4 hours are required in a given month, additional hours will be billed at $90/hour.
If the client chooses the One Year Payment Route (OYPR) for the initial purchase, the automation maintenance subscription will begin as a separate $80/month subscription once the one-year plan is complete.
Service Variability and Customization
The automation services will vary from client to client based on the specific needs and automation opportunities available for their business. Some listed services may not be applicable, while other unlisted services might become available depending on what can realistically be automated. The final price may vary based on the complexity and feasibility of automating certain processes for your business. THEBAERBØNES will assess your needs and provide guidance on what can and cannot be automated as part of 1-2 initial automation consultations.
Recurring Fees Post Payment
From the outset of the project, all costs related to third-party tools, platforms, or software licenses are the sole responsibility of the client. THEBAERBØNES does not cover or manage these expenses at any point during or after the automation services are implemented. Clients must independently arrange and maintain these services through their chosen providers.
Failure to maintain relevant third-party services or software may result in disruptions to your automation processes. THEBAERBØNES bears no responsibility for such interruptions or for any consequences arising from the client’s failure to manage these services.
Terms and Changes
The services, features, and prices offered under this policy are subject to change at any time without prior notice. Since automation needs are variable, the price will be determined after 1-2 automation consultations based on the specific scope and feasibility of your business needs. As a result, the price may differ for each client and might not necessarily be reflected in the Pricing section on the Home Page.
These terms are only subject to further change if explicitly stated otherwise by THEBAERBØNES. Any deviation from this policy must be documented and communicated in writing or electronically between you, the client, and THEBAERBØNES (as referenced at the beginning of this Cancellation and Purchase Policy section).
4. Pages Included
Each project includes up to six (6) pages, structured as follows. The selection of specific pages for items 5 and 6 will be determined based on your needs:
1. Home
2. About
3. Services
4. Contact
5. Choice of one:
• Blog
• Products
• Plans
• Prices
• Menu
6. Choice of one:
• FAQ
• Refund Policy
• Return Policy
• Cancellation Policy
Additionally, an “Account” page powered by Stripe may be included at no extra cost, if applicable to your project. This page is intended to facilitate customer account creation and login through Stripe’s platform. Assistance with Stripe account setup will be provided if needed, but the client will be subject to Stripe’s terms, conditions, and policies.
Customization beyond the included six pages will require additional pages to be purchased. For more details on purchasing additional pages, refer to the “Additional Pages” section of this policy.*This section applies solely to Custom Coded Websites and does not cover CMS-based websites (e.g., Shopify, Squarespace, Wix, WordPress.com, Webflow). Information and additional terms for Custom-Coded websites are outlined separately in Section 13 in this "Cancellation and Purchase Policy". Information and additional terms for CMS websites are outlined separately in Section 14 in this "Cancellation and Purchase Policy".
5. Additional Pages
Additional pages are available for purchase, with pricing varying based on the complexity and scope of the content. Please contact us directly for a personalized quote and to discuss your specific needs.
Examples of Additional Pages Include:
• Any page not selected from the last two options in the “Pages Included” section (e.g., Blog, Products, Menu, FAQ, Refund Policy, Return Policy, or Cancellation Policy).
• Additional Information (e.g., detailed descriptions or extended service offerings).
• Mission Page (outlining your business’s core mission and purpose).
• Vision Page (articulating your long-term goals and aspirations).
• Portfolio (highlighting completed work, case studies, or projects).
• Our Users (featuring customer testimonials, user stories, or client profiles).
• Our Clients (showcasing your most notable customers or partnerships).
• Our Team (introducing key members of your organization or collaborators).
Prices are not fixed and will depend on the content, design requirements, and integration complexity. Additional customization or functionality may result in higher fees, which will be communicated transparently before work begins.
*This section applies solely to Custom Coded Websites and does not cover CMS-based websites (e.g., Shopify, Squarespace, Wix, WordPress.com, Webflow). Information and additional terms for Custom-Coded websites are outlined separately in Section 13 in this "Cancellation and Purchase Policy". Information and additional terms for CMS websites are outlined separately in Section 14 in this "Cancellation and Purchase Policy".
6. Blog and Product Postings
Blogs
• Initial Blog Page creation as an add-on: $50
• Blog posting as an additional subscription: $20/month
Includes:
• Creation and integration of the Initial Blog Page (if purchased as an add-on).
• Uploading of up to 5 blog posts per month to your website. Additional posts may be uploaded upon request for an additional fee.
Does not include:
• Writing or creation of blog content. THEBAERBØNES will only upload client-provided posts and is not responsible for creating, editing, or proofreading the content.
Product Postings
• Initial Product Page creation as an add-on: $50
• Product posting as an additional subscription: $20/month
Includes:
• Creation and integration of the Initial Product Page (if purchased as an add-on).
• Uploading of up to 5 new products per month. Additional uploads are available upon request for an additional fee.
Does not include:
• Creation, sourcing, or procurement of products. THEBAERBØNES will only upload product information provided by the client and will not be responsible for finding or managing product inventory.
These subscriptions are intended to streamline the process of maintaining your website’s content. Both the Blog and Product Posting subscriptions are flexible services that can be canceled at any time without refund for any unused posting limits in a given billing cycle. Any additional uploads beyond the included limits will incur an additional fee, communicated clearly at the time of the request.
This pricing is subject to change based on the specific needs of each project, and adjustments will be discussed in advance to ensure client approval.
*This section applies solely to Custom Coded Websites and does not cover CMS-based websites (e.g., Shopify, Squarespace, Wix, WordPress.com, Webflow). Information and additional terms for Custom-Coded websites are outlined separately in Section 13 in this "Cancellation and Purchase Policy". Information and additional terms for CMS websites are outlined separately in Section 14 in this "Cancellation and Purchase Policy".
7. Full Legal Compliance
For $30/month or $300/year, THEBAERBØNES will provide comprehensive Terms of Service and Privacy Policy pages for your website.
This service includes:
• Creation of both the Terms of Service and Privacy Policy pages directly on your website.
• Drafting of these documents, which will be maintained and monitored by legal professionals to ensure ongoing compliance with applicable laws and regulations.
Additional policies are available at $50 each, including:
• Disclaimer
• Cookie Policy
• End User License Agreement (EULA)
• Return/Refund Policy
• Shipping Policy
• Acceptable Use Policy
To ensure high-end legal compliance, THEBAERBØNES may collaborate with external providers such as Termly.io or similar platforms (e.g., Iubenda, LegalZoom) to create and maintain legally compliant documents. These providers specialize in up-to-date legal templates and documentation tailored for websites and businesses, offering ongoing compliance monitoring to adjust for evolving legal standards and regulatory changes.
While THEBAERBØNES assists with the creation and integration of these legal documents, the final responsibility for legal compliance lies with the client. We strongly recommend that clients review the drafted policies with a licensed attorney to address specific legal nuances applicable to their industry or jurisdiction. THEBAERBØNES assumes no liability for any legal outcomes resulting from non-compliance or insufficient legal oversight by the client.
While the pricing outlined for Full Legal Compliance and additional policy creation reflects the average cost of these services, final pricing may vary depending on the specific needs, scope, and requirements of each client’s project. Factors such as the complexity of the legal documentation, industry-specific regulations, or additional customization requests may influence the overall cost.
Any adjustments to the standard pricing will be communicated transparently with the client during the consultation process, ensuring that expectations are clear before work begins. THEBAERBØNES reserves the right to revise prices to reflect the unique requirements of each project while striving to maintain competitive and fair rates.
*This section applies to both Custom Coded Websites and CMS-based websites (e.g., Shopify, Squarespace, Wix, WordPress.com, Webflow). Information and additional terms for Custom Coded Websites are outlined in Section 13. Information and additional terms for CMS-based websites are outlined in Section 14 of this “Cancellation and Purchase Policy”.
8. Login and Authentication Pages
At present, THEBAERBØNES offers only a free Stripe Account page as specified in the “Pages Included” section. This login and authentication functionality is provided through Stripe’s platform and is subject to Stripe’s terms and conditions, policies, and security protocols. THEBAERBØNES assumes no liability for issues related to account creation, login functionality, or authentication failures arising from the use of Stripe’s services.
Additionally, the same Stripe login and authentication functionality is used across THEBAERBØNES’ own platform, as referenced in the “Billing Account” section throughout our website. This ensures a cohesive and streamlined user experience for managing subscriptions and payments.
Any request for additional or alternative login and authentication features will require a separate agreement and may incur additional fees.
*This section applies solely to Custom Coded Websites and does not cover CMS-based websites (e.g., Shopify, Squarespace, Wix, WordPress.com, Webflow). Information and additional terms for Custom-Coded websites are outlined separately in Section 13 in this "Cancellation and Purchase Policy". Information and additional terms for CMS websites are outlined separately in Section 14 in this "Cancellation and Purchase Policy".
9. Refunds and Cancellation
THEBAERBØNES Website Management
A full refund for the Website Management subscription is available if canceled within seven (7) days of the original or most recent purchase, provided that none of the three (3) service hours have been used. If any part of the three service hours has been used, a refund will not be available.
• To request a refund, please contact us with your order number at contact@TheBaerBones.com.
You may cancel your Website Management subscription at any time. However, cancellation does not guarantee a refund. If a refund is not applicable, you will retain access to the service for the remainder of the current billing period, which extends for either:
• One full month (for monthly subscriptions), or
• One full year (for annual subscriptions) from the date of your most recent payment.
No further charges will be incurred after the subscription ends, but all services will cease at the end of the active billing period.
THEBAERBØNES “Automation” Package
A full refund for the Automation Package is available if canceled within seven (7) days of the original purchase, provided that no work has been performed.
• If work has been performed within the 7-day period, a refund may still be issued after compensating for the hours worked. The compensation will be deducted from the refund at the rate of $70/hour.
Ongoing Subscription for Automation Maintenance:
Once the initial automation work is complete, clients can subscribe to the Automation Maintenance subscription at $80/month, which provides 4 hours of automation work per month.
• Any additional hours beyond the 4-hour limit will be billed at $90/hour.
You may cancel your Automation Maintenance subscription at any time. However, cancellation does not guarantee a refund. The refund terms for the ongoing automation subscription follow the same refund structure as the Website Management subscription (see Website Management section above for details). If a refund is not applicable, you will retain access to the service for the remainder of the current billing period.
This subscription operates independently from the OYPR and does not overlap with the Automation Package’s initial payment. The OYPR is not an ongoing service plan but a way to ease the burden of upfront payment.
• If a client opts for the One Year Payment Route (OYPR) for the Automation Package, the $80/month maintenance subscription can begin as soon as the initial automation work is complete.
THEBAERBØNES Custom-Coded Websites
Our Money-Back Guarantee applies exclusively to custom-coded websites hosted by THEBAERBØNES or through a hosting provider that we manage. If dissatisfied, you may request a full refund within three (3) months of purchase.
Upon refund approval:
• The website will be taken offline immediately and stored for 60 days.
• After 60 days, the website and all associated data will be permanently deleted.
This guarantee does not apply to CMS-based websites (e.g., Shopify, Squarespace, Wix). For CMS website terms, see below.
For more information regarding our Money-Back Guarantee, please refer to Section 12 of this “Cancellation and Purchase Policy.”
CMS-Based Websites (e.g., Shopify, Squarespace, Wix)
Refunds for CMS-based websites are available only within seven (7) days of the initial purchase and only if no work has been performed on the website.
• If work has been performed within the 7-day period, a refund may still be issued after compensating for the hours worked. The compensation will be deducted from the refund at the rate of $70/hour.
To initiate a refund for a CMS-based website, please contact us at contact@TheBaerBones.com with your order number and any relevant details.
"Build Your Purpose" Refund Policy
The "Build Your Purpose" Refund Policy follows the same structure as the website type being created:
• For Custom-Coded Websites: Refer to the terms under the Custom-Coded Websites section above.
• For CMS-Based Websites: Refer to the terms under the CMS-Based Websites section above.
If the "Build Your Purpose" branding process (separate from the website) is canceled within seven (7) days and no work has been performed, a full refund will be issued.
• If work has already been performed (e.g., branding consultations, materials, etc.), a refund will be issued only after compensating for the hours worked. The compensation will be deducted from the refund at $70/hour.
Monthly Payment Plans for Websites, "Build Your Purpose", and Automation Package
For Monthly Payment Plans, the same refund policies for custom-coded websites and CMS websites apply. This means that refunds are available only within seven (7) days of the initial purchase.
After the 7-day refund window has passed, the client must continue making monthly payments for the full one-year period. These payment plans are intended to ease the financial burden of paying for the website, Personal Brand, or Automation Package upfront but do not constitute a subscription for ongoing services.
Once the one-year payment cycle is complete, the plan will end, and no further services will be provided unless a new service or management agreement is arranged.
For the Automation Package, the initial payment plan covers the cost of implementation, and the ongoing subscription for automation maintenance will operate separately at $80/month.
10. Accessibility Compliance
Accessibility compliance can be added to your services for $50/month. This fee is recurring and will continue beyond the conclusion of any initial subscription or project term unless explicitly canceled in writing. The accessibility compliance services include adherence to ADA (Americans with Disabilities Act), WCAG (Web Content Accessibility Guidelines), and EEA (European Economic Area) accessibility standards.
These services are provided through our partnership with accessiBe.com and are subject to their terms of use and policies. While THEBAERBØNES facilitates the integration of accessibility solutions, we do not guarantee absolute compliance with all accessibility regulations at all times, as standards may evolve. The client is responsible for monitoring and ensuring ongoing compliance where applicable, and THEBAERBØNES bears no liability for any legal issues arising from accessibility non-compliance beyond the scope of the services explicitly provided under this agreement.
*This section applies to both Custom Coded Websites and CMS-based websites (e.g., Shopify, Squarespace, Wix, WordPress.com, Webflow). Information and additional terms for Custom-Coded websites are outlined separately in Section 12 in this "Cancellation and Purchase Policy". Information and additional terms related to CMS websites are outlined in Section 13 of this “Cancellation and Purchase Policy”.
11. Designs
Credit for some of our designs used in custom-coded websites goes to GetHugoThemes.com and Themefisher.com. While we drastically modify and customize these designs to meet the unique needs of each client, we acknowledge them as a valuable starting point. These designs are hosted by us for cohesion across projects, and we reserve all rights to further customize and adapt them as needed.
We may include a “Powered by THEBAERBØNES” attribution at the bottom of our custom-coded websites. This label does not imply copyright ownership over the original designs, nor does it suggest a claim to third-party elements we incorporate. Instead, “Powered by THEBAERBØNES” reflects the extensive customization, development, and work we have performed to transform these designs into something unique for each client.
THEBAERBØNES is fully licensed to use these themes and have purchased the rights to do so in accordance with GetHugoThemes’ license agreement (which can be viewed at https://gethugothemes.com/license). We have the freedom to use, adapt, or modify them as we see fit for future projects. These designs are not itemized or factored into the overall cost of the website; they are part of the creative and developmental process but do not constitute a separate or billable element.
*This section applies solely to Custom Coded Websites and does not cover CMS-based websites (e.g., Shopify, Squarespace, Wix, WordPress.com, Webflow). Information and additional terms for Custom-Coded websites are outlined separately in Section 13 in this "Cancellation and Purchase Policy". Information and additional terms for CMS websites are outlined separately in Section 14 in this "Cancellation and Purchase Policy".
12. Money-Back Guarantee
This Money-Back Guarantee is subject to the terms and conditions outlined below. All conditions must be met for the guarantee to apply.
Eligibility for the Money-Back Guarantee
This guarantee applies exclusively to custom-coded websites hosted either by THEBAERBØNES directly or through a third-party hosting platform that we use which is not a CMS platform. Additionally, it applies exclusively to Websites (as defined above and below), not Branding, Website Management, Automation, or anything else we currently, or in the future could offer.
The Money-Back Guarantee does not apply to any Content Management System (CMS) platforms where a subscription is required to maintain the website, including but not limited to:
• Shopify
• Squarespace
• Wix
• WordPress.com (subscription-based sites)
• Weebly
• BigCommerce
• Magento
• Webflow
• Any website that cannot be taken down due to the nature of the CMS, hosting arrangements, or platform limitations.
Requirement for Website Removal
For the Money-Back Guarantee to be valid, the website must be taken offline immediately upon approval of the refund request. If the website cannot be taken down, the guarantee is void, and a refund will not be provided.
Refund Policy
If you are dissatisfied with your custom-coded website (above terms applied), you may request a full refund within three (3) months of purchase. Upon refund approval:
• The website will be taken offline immediately.
• The website will be stored securely for 60 days in case you wish to reinstate it later.
After the 60-day storage period, the website and any associated data will be permanently deleted.
How to Request a Refund
To request a refund, please contact us at contact@thebaerbones.com or visit our Contact page.
*This section applies solely to Custom Coded Websites and does not cover CMS-based websites (e.g., Shopify, Squarespace, Wix, WordPress.com, Webflow). Information and additional terms for Custom-Coded websites are outlined separately in Section 13 in this "Cancellation and Purchase Policy". Information and additional terms for CMS websites are outlined separately in Section 14 in this "Cancellation and Purchase Policy".
13. Custom-Coded Websites Information and Additional Terms
Custom-Coded Websites refer to websites built from the ground up or utilizing specific design frameworks and coding techniques as mentioned in Section 10. These websites are developed through custom coding practices tailored to meet the client’s unique needs, without relying on pre-built templates or content management systems (CMS).
The terms and policies for these websites, including refunds, cancellations, and service agreements, are outlined in their respective sections throughout this “Cancellation and Purchase Policy” wherever a section explicitly states that it applies to Custom-Coded websites.
Examples of features unique to custom-coded websites include:
• Custom HTML, CSS, and JavaScript development
• Tailored backend functionality
• Unique user interface designs
• Integration of non-standard features that require bespoke coding
Clients with custom-coded websites will also have specific support needs governed by the terms outlined under Section 9 and other relevant sections.
14. CMS Websites Information and Additional Terms
CMS Websites refer to websites developed using Content Management System (CMS) platforms that provide pre-built frameworks, templates, and tools to manage website content efficiently. Instead of being coded entirely from scratch, these websites are built using the tools and features available within the respective CMS.
The terms and policies specific to CMS-based websites are outlined in their respective sections of this “Cancellation and Purchase Policy” wherever a section explicitly states that it applies to CMS websites.
Below is a list of CMS platforms that the terms in this section apply to:
• Shopify
• Squarespace
• Wix
• WordPress.com (subscription-based version)
• Webflow
• Weebly
• BigCommerce
• Magento
• Joomla
• Drupal
• Ghost
• HubSpot CMS
• Blogger
• Any other Possible CMS Website creation platform that is in any way similar or adjacent to the ones above
CMS platforms offer built-in functionalities like eCommerce tools, blogging frameworks, and drag-and-drop design tools. However, they also come with limitations and dependencies specific to each platform.
If you have questions about whether your website falls under the Custom-Coded or CMS-based category, please reach out to us at contact@TheBaerBones.com.
15. Portfolio Display and Inclusion Policy
We are proud of the work we do and enjoy showcasing our projects in our portfolio. However, we respect your privacy and ownership over your website, and we will only feature your project with your express permission.
• Client-Initiated Portfolio Inclusion:
If you would like your website to be featured in our portfolio, you may notify us either electronically or through official written communication or contract. Once permission is granted, we will proudly display your website as part of our portfolio.
• THEBAERBØNES-Initiated Portfolio Requests:
If we request to feature your website, we will not display it without your explicit permission, whether provided electronically (e.g., email) or officially through a contract or written agreement.
• Portfolio Removal and Exclusion:
THEBAERBØNES retains the right to decline or remove any website from our portfolio or website display at any time, at our sole discretion and without prior notice or reason. Inclusion in our portfolio is not guaranteed, and prior inclusion does not ensure continued display.
• Revoking Permission:
Should you decide to revoke your permission, you may do so at any time with written notice, and we will promptly remove your project from our portfolio within a reasonable timeframe upon your request.
End of Section 5. Cancellation and Purchase Policy
6. PROHIBITED ACTIVITIES
You may not access or use the Services for any purpose other than those for which we make the Services available. The Services may not be used in connection with any commercial endeavors except those specifically endorsed or approved by us.
As a user of the Services, you agree not to:
• Systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
• Trick, defraud, or mislead us or other users, especially in attempts to access sensitive account information such as passwords.
• Circumvent, disable, or otherwise interfere with security-related features of the Services, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Services and/or the Content contained within.
• Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Services.
• Use any information obtained from the Services to harass, abuse, or harm another person.
• Make improper use of our support services or submit false reports of abuse or misconduct.
• Use the Services in a manner inconsistent with any applicable laws or regulations.
• Engage in unauthorized framing of or linking to the Services.
• Upload or transmit (or attempt to upload or transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Services or modifies, impairs, disrupts, or interferes with the use, features, functions, operation, or maintenance of the Services.
• Engage in any automated use of the system, such as using scripts to send comments or messages or using data mining, robots, or similar data gathering and extraction tools.
• Delete the copyright or other proprietary rights notice from any Content.
• Attempt to impersonate another user or person or use the username of another user.
• Upload or transmit (or attempt to upload or transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (referred to as “spyware,” “passive collection mechanisms,” or “PCMs”).
• Interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services.
• Harass, annoy, intimidate, or threaten any of our employees or agents providing any portion of the Services to you.
• Attempt to bypass any measures designed to prevent or restrict access to the Services or any portion thereof.
• Copy or adapt the Services’ software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
• Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any software comprising or in any way making up a part of the Services.
• Except for standard search engine or Internet browser use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Services, or use or launch any unauthorized script or other software.
• Use a buying agent or purchasing agent to make purchases on the Services.
• Make any unauthorized use of the Services, including collecting usernames or email addresses of users by electronic or other means to send unsolicited email or creating user accounts by automated means or under false pretenses.
• Use the Services as part of any effort to compete with us or otherwise use the Services and/or Content for any revenue-generating endeavor or commercial enterprise.
• Sell or otherwise transfer your profile.
7. USER GENERATED CONTRIBUTIONS
The Services do not allow users to submit or post content by default. However, we may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or through the Services, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, personal information, or other material (collectively, “Contributions”). Contributions may be viewable by other users of the Services and through third-party websites. Accordingly, any Contributions you transmit may be treated as non-confidential and non-proprietary.
When you create or make available any Contributions, you represent and warrant that:
• The creation, distribution, transmission, public display, performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to copyright, patent, trademark, trade secret, or moral rights of any third party.
• You are the creator and owner of, or have the necessary licenses, rights, consents, releases, and permissions to use and authorize us, the Services, and other users to use your Contributions in any manner contemplated by the Services and these Legal Terms.
• You have obtained the written consent, release, and/or permission of each identifiable individual in your Contributions to use their name or likeness, allowing their inclusion and use in any manner contemplated by the Services and these Legal Terms.
• Your Contributions are not false, inaccurate, or misleading.
• Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
• Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
• Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
• Your Contributions are not used to harass or threaten (in the legal sense) any person or promote violence against a specific person or class of people.
• Your Contributions do not violate any applicable law, regulation, or rule.
• Your Contributions do not violate the privacy or publicity rights of any third party.
• Your Contributions do not violate any applicable law concerning child pornography or other laws intended to protect the health and well-being of minors.
• Your Contributions do not include offensive comments related to race, national origin, gender, sexual orientation, or physical handicap.
• Your Contributions do not otherwise violate, or link to material that violates, any provision of these Legal Terms or any applicable law or regulation.
8. CONTRIBUTION LICENSE
You and the Services agree that we may access, store, process, and use any information and personal data that you provide in accordance with our Privacy Policy. By submitting suggestions or other feedback regarding the Services, you agree that we may use and share such feedback for any purpose without compensation to you.
We do not claim ownership of your Contributions. You retain full ownership of all your Contributions, including any intellectual property or proprietary rights associated with them.
We are not responsible for any statements or representations you make within your Contributions in any area of the Services. You are solely responsible for your Contributions, and you expressly agree to release us from any and all liability and to refrain from any legal action against us in connection with your Contributions.
9. THIRD-PARTY WEBSITES AND CONTENT
The Services may contain (or you may receive via the Site) links to other websites (“Third-Party Websites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, videos, information, applications, software, and other content or items originating from third parties (“Third-Party Content”). Such Third-Party Websites and Content are not investigated, monitored, or checked by us for accuracy, appropriateness, or completeness, and we are not responsible for any Third-Party Websites accessed through the Services or any Third-Party Content posted on, available through, or installed from the Services. This includes the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of the Third-Party Websites or Third-Party Content.
The inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or Third-Party Content does not imply our approval or endorsement. If you choose to leave the Services and access Third-Party Websites or use or install Third-Party Content, you do so at your own risk, and these Legal Terms will no longer apply. You should review the applicable terms and policies, including privacy and data gathering practices, of any website you visit or any application you use or install from the Services.
Any purchases made through Third-Party Websites will be conducted through those websites and from other companies, and we are not responsible for such transactions, which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse any products or services offered on Third-Party Websites, and you release us from any liability for harm caused by your purchase of such products or services. Additionally, you agree to hold us blameless for any losses or harm caused to you in connection with Third-Party Content or your interaction with Third-Party Websites.
10. SERVICES MANAGEMENT
We reserve the right, but not the obligation, to:
1. Monitor the Services for violations of these Legal Terms.
2. Take appropriate legal action against anyone who, in our sole discretion, violates the law or these Legal Terms, including, without limitation, reporting such users to law enforcement authorities.
3. In our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof.
4. In our sole discretion and without limitation, notice, or liability, remove from the Services or otherwise disable files and content that are excessive in size or place an undue burden on our systems.
5. Otherwise manage the Services in a manner designed to protect our rights and property and to ensure the proper functioning of the Services.
11. PRIVACY POLICY
We care about your data privacy and security. By using the Services, you agree to be bound by our Privacy Policy, which is posted on the this website (TheBaerBones.com, and every variation of such) and incorporated into these Legal Terms.
Please note that the Services are hosted in the United States. If you access the Services from any other region with laws or requirements governing personal data collection, use, or disclosure that differ from the laws applicable in the United States, your continued use of the Services indicates your agreement to transfer your data to the United States. You expressly consent to have your data transferred to and processed in the United States.
12. TERM AND TERMINATION
These Legal Terms shall remain in full force and effect while you use the Services.
WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL TERMS, WE RESERVE THE RIGHT, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, TO DENY ACCESS TO AND USE OF THE SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES) TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION DUE TO A BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE LEGAL TERMS OR ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SERVICES, OR DELETE ANY CONTENT OR INFORMATION YOU POSTED, AT ANY TIME AND WITHOUT WARNING, IN OUR SOLE DISCRETION.
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you are acting on behalf of that third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including but not limited to pursuing civil, criminal, and injunctive remedies.
13. MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the content of the Services at any time and for any reason, at our sole discretion, without notice. However, we are under no obligation to update any information on our Services. We are not liable to you or any third party for any modification, price change, suspension, or discontinuance of the Services.
We do not guarantee that the Services will be available at all times. Hardware, software, or other issues may arise, or maintenance may be required, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Services at any time and for any reason without notice to you.
You agree that we are not liable for any loss, damage, or inconvenience caused by your inability to access or use the Services during periods of downtime or discontinuance. Nothing in these Legal Terms will be construed as obligating us to maintain or support the Services or to provide any corrections, updates, or releases.
14. GOVERNING LAW
These Legal Terms and your use of the Services are governed by and construed in accordance with the laws of the State of Delaware, California, any other states in which our Services are being exercised, paid for, used, or otherwise agreed upon or contracted in any way, and the United States of America as a whole, applicable to agreements made and fully performed within the State of Delaware, California, any other states in which our Services are being exercised, paid for, used, or otherwise agreed upon or contracted in any way, and United States of America as a whole, without regard to its conflict of law principles.
15. DISPUTE RESOLUTION
Informal Negotiations
To expedite resolution and control the costs of any dispute, controversy, or claim related to these Legal Terms (each a “Dispute” and collectively, the “Disputes”) brought by either you or us (individually, a “Party” and collectively, the “Parties”), the Parties agree to first attempt to resolve any Dispute (except those expressly provided below) through informal negotiations for at least thirty (30) days before initiating arbitration. Informal negotiations begin upon written notice from one Party to the other.
Binding Arbitration
If the Parties cannot resolve a Dispute through informal negotiations, the Dispute (except those expressly excluded below) will be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.
The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (AAA) and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (AAA Consumer Rules), both available on the AAA website. Your arbitration fees and share of arbitrator compensation will be governed by the AAA Consumer Rules and, where applicable, limited by those rules. The arbitration may be conducted in person, through the submission of documents, by phone, or online.
The arbitrator will issue a written decision but is not required to provide a statement of reasons unless requested by either Party. The arbitrator must follow applicable law, and the award may be challenged if the arbitrator fails to do so. Unless required otherwise by AAA rules or applicable law, arbitration will take place in Delaware. The Parties may also pursue legal action in court to compel arbitration, stay proceedings pending arbitration, or confirm, modify, vacate, or enter judgment on the arbitration award.
If a Dispute proceeds in court rather than arbitration for any reason, it will be prosecuted in the state and federal courts located in Delaware. The Parties consent to and waive all defenses regarding personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in these courts. The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act (UCITA) are excluded from these Legal Terms.
Time Limitation
Any Dispute related to the Services must be commenced within one (1) year after the cause of action arose, or it will be permanently barred. If this provision is found illegal or unenforceable, Disputes falling within the unenforceable portion will proceed in court as specified above, and the Parties agree to submit to the personal jurisdiction of that court.
Restrictions
The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the fullest extent permitted by law:
a) No arbitration shall be joined with any other proceeding.
b) There is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures.
c) There is no right or authority for any Dispute to be brought in a representative capacity on behalf of the general public or any other persons.
Exceptions to Informal Negotiations and Arbitration
The following Disputes are not subject to the above provisions regarding informal negotiations and arbitration:
a) Disputes concerning the enforcement or validity of any intellectual property rights.
b) Disputes related to or arising from allegations of theft, piracy, invasion of privacy, or unauthorized use.
c) Claims for injunctive relief.
If any part of this provision is found to be illegal or unenforceable, the unenforceable portion will not be subject to arbitration, and such Disputes will be resolved by a court of competent jurisdiction as specified above. The Parties agree to submit to the personal jurisdiction of that court.
16. CORRECTIONS
The Services may contain typographical errors, inaccuracies, or omissions, including in descriptions, pricing, availability, and other information. We reserve the right to correct any errors, inaccuracies, or omissions and to modify or update the information on the Services at any time, without prior notice.
17. DISCLAIMER
The Services are provided on an “as-is” and “as-available” basis. You agree that your use of the Services is at your sole risk. To the fullest extent permitted by law, we disclaim all warranties, express or implied, in connection with the Services and your use thereof, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
We make no warranties or representations about the accuracy or completeness of the content on the Services or the content of any websites linked to the Services. We assume no liability or responsibility for:
1. Errors, mistakes, or inaccuracies of content and materials.
2. Personal injury or property damage of any nature resulting from your access to and use of the Services.
3. Unauthorized access to or use of our secure servers and/or any personal or financial information stored therein.
4. Interruption or cessation of transmission to or from the Services.
5. Bugs, viruses, Trojan horses, or other malicious software that may be transmitted to or through the Services by any third party.
6. Errors or omissions in any content or materials or for any loss or damage incurred as a result of the use of content posted, transmitted, or otherwise made available through the Services.
We do not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Services, any hyperlinked website, or any website or mobile application featured in banners or other advertising. We are not responsible for monitoring any transaction between you and third-party providers of products or services.
As with any purchase of a product or service in any medium or environment, you should use your best judgment and exercise caution where appropriate.
18. LIMITATIONS OF LIABILITY
IN NO EVENT SHALL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING OUT OF YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE SIX (6) MONTH PERIOD PRIOR TO THE CAUSE OF ACTION ARISING.
SOME US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY, AND YOU MAY HAVE ADDITIONAL RIGHTS.
19. INDEMNIFICATION
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of:
1. Your use of the Services;
2. Your breach of these Legal Terms;
3. Any breach of your representations and warranties set forth in these Legal Terms;
4. Your violation of the rights of a third party, including but not limited to intellectual property rights; or
5. Any overt harmful act toward another user of the Services with whom you connected via the Services.
Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will make reasonable efforts to notify you of any such claim, action, or proceeding subject to this indemnification upon becoming aware of it.
20. USER DATA
We will maintain certain data that you transmit to the Services to manage their performance, as well as data related to your use of the Services. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you undertake using the Services.
You agree that we shall have no liability to you for any loss or corruption of such data, and you hereby waive any right of action against us arising from any such loss or corruption.
21. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email or on the Services, satisfy any legal requirement that such communication be in writing.
YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO THE ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR THROUGH THE SERVICES. You waive any rights or requirements under statutes, regulations, rules, ordinances, or other laws in any jurisdiction that require an original signature, non-electronic records, or payments or credits through means other than electronic methods.
22. CALIFORNIA USERS AND RESIDENTS
If you have a complaint that is not resolved to your satisfaction, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs.
Address:
1625 North Market Blvd., Suite N 112
Sacramento, California 95834
Phone:
(800) 952-5210 or (916) 445-1254
23. MISCELLANEOUS
These Legal Terms, along with any policies or operating rules posted by us on the Services or related to the Services, constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Legal Terms will not operate as a waiver of that right or provision. These Legal Terms operate to the fullest extent permissible by law.
We may assign any or all of our rights and obligations to others at any time. We are not liable for any loss, damage, delay, or failure to act caused by circumstances beyond our reasonable control.
If any provision or part of a provision in these Legal Terms is found to be unlawful, void, or unenforceable, that provision or part will be deemed severable and will not affect the validity and enforceability of the remaining provisions.
These Legal Terms do not create any joint venture, partnership, employment, or agency relationship between you and us. You agree that these Legal Terms will not be construed against us simply because we drafted them.
You waive any defenses you may have based on the electronic form of these Legal Terms and the absence of physical signatures by the parties involved to execute these Legal Terms.
24. CONTACT US
If you need to resolve a complaint regarding the Services or require further information about the use of the Services, please contact us at:
Oso Group Incorporated
PO Box 580
San Diego, CA 92061
United States
Email:
contact@TheBaerBones.com