TERMS OF SERVICE BETWEEN USER AND BRANDSMART USA

Interbond of America, LLC d/b/a BrandsMart USA, and its parent company, divisions, subsidiaries, and/or affiliates, (collectively, “BrandsMart USA” or “we” or “us”) provide website features and other products and services to you when you (1) visit or shop BrandsMartUSA.com, (2) use BrandsMart USA products or services online, through any BrandsMart USA mobile application, or in any other electronic medium, (3) use any BrandsMart USA mobile application, (4) manage your account or membership electronically, (5) make online payments, (6) use promotional offers or enter contests and sweepstakes electronically, (7) manage deliveries electronically, (8) request services electronically, (9) visit or shop at any other website or application owned or operated by us, (10) contact customer service representatives electronically, or (11) use software provided by us in connection with any of the foregoing (collectively, “BrandsMart Services”). The BrandsMart Services are provided as a service to our customers. Please review these Terms of Service that govern your use of the BrandsMart Services. The BrandsMart Services are offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein.

Please read these Terms of Service carefully. By using any of the BrandsMart Services, you: (i) agree to all such terms, conditions, and notices; (ii) acknowledge that you have read and understood these Terms of Service; (iii) represent that you are 18 or older; (iv) consent to be legally bound by these Terms of Service; and (v) consent and agree to the contents of BrandsMart USA’s Privacy Policy described below. If you do not agree to these Terms of Service, do not use the BrandsMart Services or download any applications.

IMPORTANT: PLEASE REVIEW THE ARBITRATION AGREEMENT SET FORTH BELOW CAREFULLY, AS IT WILL REQUIRE YOU TO RESOLVE DISPUTES WITH BRANDSMART USA ON AN INDIVIDUAL BASIS THROUGH FINAL AND BINDING ARBITRATION. BY ENTERING THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS OF THIS AGREEMENT AND HAVE TAKEN THE TIME TO CONSIDER THE CONSEQUENCES OF THIS IMPORTANT DECISION.

PRIVACY

We respect the privacy of our visitors to and users of the BrandsMart Services. Please review our Privacy Policy located here. By accessing, downloading, installing, using, and providing information to or through the BrandsMart Services, you consent to the data handling practices relating to BrandsMart USA’s methods of collection, processing, disclosure, retention, and destruction of data as set forth in the most current version of BrandsMart USA’s Privacy Policy.

MODIFICATION/ADDITIONS TO TERMS OF SERVICE

We reserve the right to change the terms, conditions, and notices under which the BrandsMart Services are offered, including but not limited to any charges associated with the use of the BrandsMart Services. At certain places within the BrandsMart Services, there may be additional or other terms, conditions, and policies that apply to your use of that Service. By using those BrandsMart Services, you agree to abide by those terms, conditions, and policies. We may change those terms and policies from time to time. BrandsMart USA will not “retroactively” change these Terms of Service, and any modifications BrandsMart USA makes shall take effect proactively, once you next access the BrandsMart Services. By continuing to use the BrandsMart Services after we post any changes, you accept and agree to those terms, conditions, and policies, as modified. Please feel free to print out a copy of these Terms of Service for your records.

THIRD-PARTY CONTENT AND LINKS TO THIRD-PARTY SITES

The BrandsMart Services may display, include, or make available third-party content (including data, information, applications, and other products, services, and/or materials) or contain links to the sites of others, including, but not limited to, unaffiliated third-party vendors and promotional partners ("Third-Party Materials"). The Third-Party Materials may contain our trademarks, logos, and intellectual property as we may license third parties this right from time to time. Regardless, the Third-Party Materials are not under our control and we are not responsible for the contents of any Third-Party Materials, including without limitation, any content or link contained in Third-Party Materials, or any changes or updates to Third-Party Materials. We are not responsible for webcasting or any other form of transmission received from any Third-Party Materials. We are providing the content and links to you only as a convenience, and the inclusion of any content or link does not imply endorsement by us of the Third-Party Materials or any association with the owners or operators of the Third-Party Materials. You acknowledge and agree that BrandsMart USA is not responsible for Third-Party Materials, including their accuracy, completeness, timeliness, validity, intellectual property compliance, legality, decency, quality, or any other aspect thereof. BrandsMart USA does not assume and will not have any liability or responsibility to you or any other person or entity for any Third-Party Materials. Your access to and use of Third-Party Materials is entirely at your own risk and subject to each third party’s terms and conditions.

REGISTRATION/ACKNOWLEDGEMENT

We may use web beacons, pixel tags, .gif files, and the like, that allow for the collection of information about your interactions on the BrandsMart Services. These technologies may be used, for example, to place advertisements, to understand site traffic patterns and the number of visitors to the BrandsMart Services, and to measure the effectiveness of advertisements or the BrandsMart Services. Web beacons, and the like, also enable thirdparties involved in advertising operations to recognize your browser as you navigate to other websites and are necessary for the online delivery or placement of certain types of ads. By accepting these terms you provide your prior consent for BrandsMart USA to collect this information from any device you use to access the BrandsMart Services, including but not limited to, user-owned devices, or devices owned by third parties.

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of the BrandsMart Services, you warrant to us that you will not use the BrandsMart Services for any purpose that is unlawful or prohibited by these Terms of Service. You may not use BrandsMart Services in any manner which could damage, disable, overburden, or impair the BrandsMart Services or interfere with any other party's use and enjoyment of the BrandsMart Services. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the BrandsMart Services.

MATERIALS PROVIDED TO OR POSTED ON THE BRANDSMART SERVICES

You may post reviews, comments, photos, videos, and other content, and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam" or unsolicited commercial electronic messages. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of the content you share, post, or submit. BrandsMart USA reserves the right (but not the obligation) to remove or edit such content but does not regularly review posted content. We do not claim ownership of the content or materials that you provide to us, but if you do provide, post, upload, input, or submit content or materials (including without limitation, reviews, photos, comments, video, feedback, suggestions, or other content), you hereby grant BrandsMart USA, its parent companies, subsidiaries, affiliates, sublicensees, unaffiliated third party vendors, and promotional partners, a nonexclusive, royalty-free, worldwide, perpetual, irrevocable, and fully sublicensable right to use, repost, reproduce, transmit, modify, adapt, publish, perform, translate, reformat, create derivative works from, distribute, and display such content and materials in any type of media for any purpose whatsoever, and combine such content and materials with data from other websites, mobile applications, and sources. You grant BrandsMart USA and sublicensees the right to use the name that you submit in connection with such content, if we choose, along with your city and state. No compensation will be paid with respect to the use of your content or materials as provided herein. By posting, inputting, providing or submitting content or materials, you represent and warrant that you own or otherwise control all of the rights to such content and materials, that the content or materials are accurate, that use of the content or materials that you supply does not violate these Terms of Service and will not cause injury to any person or entity, and that you will indemnify BrandsMart USA for all claims resulting from content or materials that you supply. BrandsMart USA has the right but not the obligation to monitor and edit or remove any materials, activity, or content. BrandsMart USA takes no responsibility and assumes no liability for any content or materials posted by you or any third party. We are under no obligation to post or use any content or materials you may provide and may remove any content or materials at any time in our sole discretion. We always reserve the right to disclose any information regarding any content or materials as necessary to satisfy any applicable law, regulation, legal process, or governmental request, in our sole discretion.

COPYRIGHT AND TRADEMARK NOTICES

All content included in or made available through the BrandsMart Services, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software is the property of BrandsMart USA or its content suppliers and protected by United States and international copyright laws. The compilation of all content included in or made available through the BrandsMart Services is the exclusive property of BrandsMart USA and protected by U.S. and international copyright laws. All rights reserved.

TRADEMARKS

The trademarks, trade dress, logos, and service marks displayed on the BrandsMart Services (collectively the "Trademarks") are our registered and unregistered trademarks or those of our parent companies, subsidiaries, affiliates, suppliers, or other third party providers of goods or services in the U.S. and other countries. Under no circumstances may you copy, alter, modify, or change the Trademarks. Nothing contained in the BrandsMart Services should be construed as granting any license or right to use any of the Trademarks without our express permission. Any rights not expressly granted herein are reserved. All trademarks not owned by BrandsMart USA that appear in any of the BrandsMart Services are the property of their respective owners.

PATENTS

One or more patents owned by BrandsMart USA may apply to the BrandsMart Services and/or to the products, features, and services accessible via the BrandsMart Services.

INTELLECTUAL PROPERTY INFRINGEMENT

BrandsMart USA respects the intellectual property of others. If you believe that your intellectual property rights are being infringed, please submit written claims to:

Interbond of America, LLC d/b/a BrandsMart USA
Attn: Legal Department
400 Galleria Parkway SE
Suite 300
Atlanta, Georgia 30339
Phone: 678 402-3000
Email: dmca@aarons.com

Written claims concerning infringement must include the following information:

LICENSE AND ACCESS

You acknowledge and agree that the BrandsMart Services are licensed, not sold, to you. All right, title, and interest in the BrandsMart Services and any content contained herein is our exclusive property, except as otherwise stated. Subject to your strict compliance with these Terms of Service (and your payment of any fees, if applicable), BrandsMart USA grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access, stream, download, install, and make personal and non-commercial use, as applicable and at your expense, of the BrandsMart Services. This license does not include any resale or commercial use of any of the BrandsMart Services, or its contents, any collection and use of any product listings, descriptions, or prices, any derivative use of any of the BrandsMart Services or its contents, any downloading, copying, or other use of account information for the benefit of any third party, or any use of data mining, scraping, robots, or similar data gathering and extraction tools. In addition, this license does not allow you to:

use the BrandsMart Services on any devices that you do not own or have a right to control and operate;
copy the BrandsMart Services;
modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable, of the BrandsMart Services;
reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the BrandsMart Services or any part of the BrandsMart Services;
remove, delete, alter, or obscure any trademarks or any copyright, patent, or other intellectual property or proprietary rights notices from the BrandsMart Services, including any copy of these notices;
rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the BrandsMart Services, or any features or functionality of the BrandsMart Services, to any third party for any reason.

All rights not expressly granted to you in these Terms of Service are reserved and retained by BrandsMart USA or its licensors, suppliers, publishers, rightsholders, or other content providers. None of the BrandsMart Services, nor any part of the BrandsMart Services, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of BrandsMart USA. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of BrandsMart USA without express written consent. You may not use any meta tags or any other "hidden text" utilizing BrandsMart USA’s name or trademarks without the express written consent of BrandsMart USA. You may not misuse the BrandsMart Services.

TERMINATION/ACCESS RESTRICTION

We reserve the right, in our sole discretion, to terminate your access to the BrandsMart Services and the related services or any portion thereof at any time, without notice.

ADDITIONAL SOFTWARE TERMS

The following terms apply to any software (including any updates or upgrades to the software) and any related documentation we make available to you in connection with the BrandsMart Services, including any mobile application we make available to you (the "BrandsMart USA Software").

YOUR ACCOUNT

You may need a BrandsMart USA account to use certain BrandsMart Services, and you may be required to be logged into the account and have a valid payment method associated with it. If there is a problem charging your selected payment method, we may charge any other valid payment method associated with your account. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account or password. Your credentials should be unique, difficult to guess, different from your other credentials, and should not be shared with others. BrandsMart USA does not sell or lease products or provide services to children. BrandsMart USA reserves the right to refuse service, terminate accounts, terminate your rights to use the BrandsMart Services, remove or edit content, or cancel orders in its sole discretion.

APP PERMISSIONS

When you use apps created by BrandsMart USA you may grant certain permissions to us for your device. Most mobile devices provide you with information about these permissions. You can view permissions in apps created by BrandsMart USA by following these instructions.

For most Android devices:

For most iOS devices:

For most Windows devices:

SHIPPING, DELIVERY & SET UP

We are dedicated to providing safe and reliable delivery services for all of our products. Deliveries are typically made Monday through Saturday on non-holidays between the hours of 8 AM – 9 PM local time.

Items are sent via third-party carriers and typically take 3 to 10 days for delivery, but can take up to 10 weeks, depending on product availability. There are some manufacturing and shipping delays that are beyond our control.

Carriers cannot ship to P.O. boxes or military APOs, and only ship within the 48 contiguous states in the United States and the District of Columbia.

BrandsMart USA or a third-party service provider will keep you updated throughout the shipping process with email and SMS notifications.

Items are monitored along the way. To see an estimated delivery date you will receive an email when the product ships which may contain live tracking information.

If you have placed an order, please note that estimated delivery date varies based on the products ordered:

ORDER ACCEPTANCE

The receipt of an order number or an email order confirmation does not constitute the acceptance of an order or a confirmation of an offer to sell. BrandsMart USA reserves the right, without prior notification, to limit the order quantity on any item and/or to refuse service to any customer. Verification of information and/or identity may be required prior to the acceptance of an order. Prices and availability of products on the BrandsMart Services are subject to change without notice. Errors will be corrected when discovered and BrandsMart USA reserves the right to revoke any stated offer or to correct any error, inaccuracy, or omission (including after an order has been submitted). Certain orders constitute improper use of the BrandsMart Services. BrandsMart USA reserves the right, at its sole discretion, to refuse or cancel any order for any reason. Your account may also be restricted or terminated for any reason, at BrandsMart USA’s sole discretion.

CANCELLATION, DAMAGE, AND RETURN POLICY

You can cancel an order until the item is staged for shipping, usually within 24 hours. To initiate an order cancellation, please email customerservice@brandsmartusa.com If you receive an item that is damaged or defective, please note the damage on the paperwork and refuse the delivery. Do not sign for your order and contact us immediately at customerservice@brandsmartusa.com. If you discover damage after an item has been delivered, please notify us immediately. We will work with you to find the best solution. To report damage, please email us at customerservice@brandsmartusa.com. You can return most items for a refund within the allowed days after delivery. See details on our Return Policy here. Return shipping costs apply and you will be responsible for those costs. The item must be in its original condition with all accessories to be accepted. If a refund is due, we will refund your original payment method. Any associated return shipping costs will be deducted from the refund amount. To initiate a refund request, please email customerservice@brandsmartusa.com.

DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

THE INFORMATION, CONTENT, SOFTWARE, APPLICATIONS, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE BRANDSMART SERVICES MAY INCLUDE INACCURACIES OR ERRORS. CHANGES ARE PERIODICALLY MADE TO THE BRANDSMART SERVICES AND WE MAY MAKE CHANGES TO THE BRANDSMART SERVICES AT ANY TIME. ADVICE RECEIVED VIA THE BRANDSMART SERVICES SHOULD NOT BE RELIED UPON FOR PERSONAL, LEGAL, OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION. YOU ACKNOWLEDGE THAT THERE ARE INHERENT RISKS TO PROVIDING PERSONAL INFORMATION AND ACCOUNT NUMBERS OVER THE INTERNET. ALWAYS USE CAUTION WHEN GIVING OUT ANY PERSONALLY IDENTIFYING INFORMATION ABOUT YOURSELF. YOU AGREE TO DETERMINE WHETHER THE BRANDSMART SERVICES ARE SUFFICIENTLY SECURE TO MEET YOUR NEEDS. YOU UNDERSTAND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM ANY MATERIAL AND/OR DATA ACCESSED OR DOWNLOADED FROM OR OTHERWISE PROVIDED THROUGH THE BRANDSMART SERVICES. THE BRANDSMART SERVICES AND ALL INFORMATION, SOFTWARE, APPLICATIONS, PRODUCTS, SERVICES, AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. NEITHER WE NOR OUR SUPPLIERS MAKE ANY REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, APPLICATIONS, PRODUCTS, SERVICES, AND RELATED GRAPHICS CONTAINED IN THE BRANDSMART SERVICES FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BRANDSMART USA, ON ITS OWN BEHALF AND ON BEHALF OF ITS PARENT COMPANIES, AFFILIATES, SUBSIDIARIES, AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER WRITTEN, ORAL, EXPRESS, IMPLIED, LEGAL, STATUTORY, CONTRACTUAL, EXTRA-CONTRACTUAL, DELICTUAL OR IN TORT, AND WHETHER ARISING BY LAW, STATUTE, USAGE OF TRADE, CUSTOM, COURSE OF DEALING OR PERFORMANCE, OR THE PARTIES' CONDUCT OR COMMUNICATION WITH ONE ANOTHER, OR AS A RESULT OF THE NATURE OF THESE TERMS AND CONDITIONS OR IN CONFORMITY WITH USAGE, EQUITY OR LAW, OR OTHERWISE, INCLUDING WITHOUT LIMITATION ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, WORKMANSHIP, CONFORMITY, FITNESS FOR A PARTICULAR PURPOSE OR GENERAL PURPOSE, TITLE, OWNERSHIP, AND NON-INFRINGEMENT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE, AND EACH OF OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, REPRESENTATIVES, AGENCIES, AND SUPPLIERS, BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, (I) DAMAGES FOR LOSS OF USE, DATA, PROFITS, REVENUE, OR GOODWILL, (II) THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, (III) PERSONAL INJURY, (IV) PROPERTY DAMAGE, (V) BUSINESS INTERRUPTION, OR (VI) COMPUTER, MOBILE DEVICE, OR ELECTRONIC DEVICE FAILURE OR MALFUNCTION, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE BRANDSMART SERVICES, WITH THE DELAY OR INABILITY TO USE THE BRANDSMART SERVICES OR RELATED SERVICES, WITH THE PROVISION OF OR FAILURE TO PROVIDE THE BRANDSMART SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, APPLICATIONS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE BRANDSMART SERVICES, OR OTHERWISE ARISING OUT OF THE USE OF THE BRANDSMART SERVICES, WHETHER BASED ON CONTRACT, EXTRA-CONTRACTUAL LIABILITY, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE, AND EVEN IF WE OR ANY OF OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, REPRESENTATIVES, AGENCIES, OR SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES/JURISDICTIONS, OUR LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH LOCAL LAW. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE BRANDSMART SERVICES, OR WITH ANY OF THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE BRANDSMART SERVICES.

INDEMNIFICATION

You agree to defend, indemnify, and hold BrandsMart USA harmless (including our parent companies, subsidiaries, and affiliates, and all of our and their respective officers, directors, employees, agents, licensors, and suppliers) against all claims, losses, expenses, damages and costs (including reasonable attorneys’ fees) arising from or related to your use of the BrandsMart Services or breach of these Terms of Service. At our expense and election, we reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you and you agree to cooperate with us in connection with our defense. Your indemnification obligation shall survive the termination of these Terms of Service.

DISPUTES/ARBITRATION/CLASS ACTION WAIVER

1. DISPUTES SUBJECT TO INDIVIDUAL ARBITRATION/ CLASS ACTION WAIVER. YOU AND WE AGREE THAT ANY AND ALL DISPUTES ARISING OUT OF OR RELATING IN ANY WAY TO THE BRANDSMART SERVICES (“Disputes”) SHALL BE RESOLVED EXCLUSIVELY IN BINDING ARBITRATION RATHER THAN LITIGATION IN COURT. This Agreement to arbitrate applies to all Disputes, whether based in contract, tort, statute, or any other legal or equitable theory. Notwithstanding this Arbitration Agreement, you or BrandsMart USA may bring Disputes in an appropriate small claims court so long as the relief requested falls within the jurisdiction of the small claims court, but neither you nor BrandsMart USA may bring claims in any other court. You and we agree that any questions about the scope or enforceability of this Arbitration Agreement will be decided by a court, not the arbitrator. You agree that we may file a lawsuit in court to enjoin infringement or other misuse of intellectual property rights. YOU AND WE EXPRESSLY AGREE THAT ANY DISPUTE RESOLUTION WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. YOU EXPRESSLY WAIVE ANY ABILITY TO BRING A CLASS OR REPRESENTATIVE ACTION IN ARBITRATION OR TO SEEK RELIEF ON BEHALF OF A CLASS IN ARBITRATION. YOU ALSO EXPRESSLY WAIVE ANY RIGHT TO BRING A CLASS ACTION IN COURT OR TO PARTICIPATE OR OBTAIN BENEFITS IN A CLASS ACTION SOMEONE ELSE BRINGS IN COURT. You and we acknowledge that this class action waiver is integral to the Arbitration Agreement. If a court or arbitrator determines that the class action waiver is invalid or unenforceable, you and we both agree that this Arbitration Agreement will not apply, and any Dispute shall be resolved in court. That is, you and we agree that this class action waiver cannot be severed from this Arbitration Agreement. It is the express intention of both parties not to proceed with any Dispute by way of class arbitration. Arbitration is a process to resolve disputes before a neutral person (an arbitrator) instead of having a trial in court with a judge and/or jury. THEREFORE, BY ENTERING INTO THIS ARBITRATION AGREEMENT, YOU ARE WAIVING YOUR RIGHTS TO TRIAL BY JURY. YOU ARE ALSO WAIVING YOUR RIGHTS TO BRING CLAIMS IN COURT AND TO BRING OR PARTICIPATE IN A CLASS ACTION. An arbitrator can award the same damages and relief as a court except that, in the case of injunctive or declaratory relief, an arbitrator cannot issue an injunction or declaratory judgment that extends beyond you and BrandsMart USA and affects BrandsMart USA’s obligations or liability to other parties. An arbitrator can, however, issue an injunction or declaratory judgment on your claims so long as it is limited to providing you with individual relief. Arbitration is more informal than litigation and generally provides a quicker and more cost-effective way to resolve Disputes, but there is only limited discovery in arbitration, and there is only very limited review of an arbitrator’s decision.
2. ARBITRATION PROCEDURES AND RULES. You and BrandsMart USA agree that this Arbitration Agreement is subject to and governed by the Federal Arbitration Act, 9 U.S.C. Section 1, et seq. Arbitration shall be conducted by the American Arbitration Association (“AAA”) pursuant to its Commercial Arbitration Rules and Consumer Related Disputes Supplemental Procedures. Those rules are available at www.adr.org. or by calling the AAA at 1-800-778-7879. A single arbitrator will decide our Disputes. To initiate an arbitration, you must file a demand for arbitration with the AAA, following the AAA’s rules and procedures as set forth at www.adr.org. Arbitration shall be held in the state in which you reside at the time you initiate the arbitration. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.
3. COSTS AND ATTORNEY'S FEES IN ARBITRATION. If you file an arbitration claim against BrandsMart USA hereunder, BrandsMart USA agrees to pay the AAA initial filing fee on your behalf for claims totaling less than $1,000, unless the arbitrator determines that the claims are frivolous. Except for such initial filing fee, you and we agree that we will each be responsible for our own costs and attorneys’ fees in arbitration. The arbitrator’s fees will be divided between us as set forth in the AAA’s Consumer Related Disputes Supplemental Procedures. If you are the prevailing party in the arbitration, BrandsMart USA agrees to pay you for any arbitrator fees you paid in the arbitration or to pay the arbitrator for any fees owed by you. If you prevail in the arbitration and are entitled to recover your attorneys’ fees or costs under an applicable statute or common law doctrine, then the arbitrator has the authority to award you such fees and costs but is not required to do so. BrandsMart USA agrees that it will not seek to recover its attorneys’ fees and costs from you even if it prevails in the arbitration and is entitled to recover those fees and costs under an applicable statute or common law doctrine, unless the arbitrator determines that the claims are frivolous.

GENERAL

Use of the BrandsMart Services is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms of Service. By using the BrandsMart Services, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the State of Georgia, U.S.A. without regard to its conflict of law provisions, will govern these Terms of Service and any dispute that might arise between you and BrandsMart USA. Except with respect to Disputes to be resolved through an arbitration process in accordance with the Arbitration Agreement contained above, you and BrandsMart USA hereby consent and submit to the exclusive jurisdiction of the courts located in Atlanta, Georgia to resolve any Dispute arising out of the Agreement. YOU HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVE ANY RIGHT YOU MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION (INCLUDING, BUT NOT LIMITED TO, ANY CLAIMS, COUNTERCLAIMS, CROSS-CLAIMS, OR THIRD-PARTY CLAIMS) ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT. YOU AGREE THAT ANY CAUSE OF ACTION YOU MAY HAVE ARISING OUT OF OR RELATED TO THIS AGREEMENT, OR THE BRANDSMART SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER SUCH CAUSE OF ACTION ACCRUES. AFTER SUCH PERIOD, SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED. You agree that you are not entering into a joint venture, partnership, employment, or agency relationship with us as a result of these Terms of Service or use of the BrandsMart Services. Our performance of these Terms of Service is subject to existing laws and legal process, and nothing contained in these Terms of Service is in derogation of our right to comply with governmental, court and law enforcement requests or requirements relating to your use of the BrandsMart Services or information provided to or gathered by us with respect to such use. No failure or delay on our part to exercise or enforce any right or provision under these Terms of Service will operate as a waiver of such provision or any rights, nor will any single or partial exercise of any right preclude any other or further exercise of any other right. If any part of these Terms of Service is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision shall be deleted and the remainder of the Terms of Service shall be in full force and effect. The Section titles in these Terms of Service are for convenience only and have no legal or contractual effect. These Terms of Service operate to the fullest extent permissible by law. These Terms of Service and our Privacy Policy constitute the entire agreement between the user and us with respect to the BrandsMart Services and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and us with respect to the BrandsMart Services. These Terms of Service shall not be assignable by you, either in whole or in part. BrandsMart USA reserves the right to assign its rights and obligations under these Terms of Service. It is the express wish of the parties that these Terms of Service and all related documents be drawn up in English.

CUSTOMER TRANSACTION - CONFLICTS

You expressly agree that these Terms of Service for use of the BrandsMart Services are independent and separate from the contract for a purchase that you enter into with us.

ELECTRONIC COMMUNICATIONS

When you use the BrandsMart Services, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you may be communicating with us electronically. By providing your phone number or email address, you expressly request and consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on or through the BrandsMart Services. This consent includes telephone calls or text/SMS messages placed using an artificial or pre-recorded voice or an automatic telephone dialing system or predictive dialer. You understand that, when you receive such calls or texts, you may incur a charge from the company that provides you with telecommunications, wireless and/or internet services. You agree that BrandsMart USA will not be liable to you in any way for calls or texts placed pursuant to this consent. BrandsMart USA will send up to 12 text messages per month with Marketing Content. Your consent to receive Marketing Communications text messages does not mean you are obligated to make a purchase, nor is providing your consent to receiving Marketing Communications text messages a condition of any purchase. Information you provide to BrandsMart USA will be used in a manner consistent with the BrandsMart USA Privacy Policy, which can be found at www.brandsmartusa.com/privacy-policy. You can retain copies of these communications for your records. Your cellular provider's message & data rates may apply to your use of the BrandsMart Services, and payment is your responsibility

TEXT/SMS WIRELESS CALLING POLICY

Account Management: When you provide BrandsMart USA with your phone number, you expressly consent to BrandsMart USA or its agent(s) or service providers sending you text messages to any phone number(s) you provide to BrandsMart USA or that BrandsMart USA obtains for you regarding your account, merchandise, merchandise delivery, merchandise installation, account surveys, and any other account related information (collectively, “Account Communications”). This consent includes telephone calls or text/SMS messages placed using an artificial or pre-recorded voice or an automatic telephone dialing system or predictive dialer. You understand that, when you receive such calls or texts, you may incur a charge from the company that provides you with telecommunications, wireless and/or internet services. You agree that BrandsMart USA, its agents or service providers will not be liable to you in any way for calls or texts placed pursuant to this consent. BrandsMart USA, or its agents or service providers may send up to 12 text messages per month with Account Communications. The number of Account Communications text messages sent each month related to your account depends on your account activity during the month. Information you provide to BrandsMart USA, will be used in a manner consistent with BrandsMart USA’s Privacy Policy, which can be found at www.brandsmartusa.com/privacy-policy.
Marketing (Short Code 35128): When you text “JOIN” or other designated keyword to 35128 or sign up to receive text messages on BrandsMartUSA.com you expressly consent to BrandsMart USA or its agent(s) sending you text messages from 35128 to the designated phone number regarding marketing and advertising, including without limitation, merchandise deals, special promotions, events, contests, sweepstakes, surveys, and special promotional offers (collectively, “Marketing Communications). This consent includes telephone calls or text/SMS messages placed using an artificial or pre-recorded voice or an automatic telephone dialing system or predictive dialer. You understand that, when you receive such calls or texts, you may incur a charge from the company that provides you with telecommunications, wireless and/or internet services. You agree that BrandsMart USA will not be liable to you in any way for calls or texts placed pursuant to this consent. BrandsMart USA will send up to 8 text messages per month with Marketing Content. Your consent to receive Marketing Communications text messages does not mean you are obligated to make a purchase, nor is providing your consent to receiving Marketing Communications text messages a condition of any purchase. Information you provide to BrandsMart USA will be used in a manner consistent with the BrandsMart USA Privacy Policy, which can be found at www.brandsmartusa.com/privacy-policy.
All Messages: Your cellular provider's message & data rates may apply, and payment is your responsibility. Text messages may be sent via automatic telephone dialing system or through other automated software. BrandsMart USA cannot guarantee message delivery. You agree to notify us immediately if you change your mobile phone number. We reserve the right to update this Policy at any time. You can access the most recent version of this Policy on our website at https://www.brandsmartusa.com/terms-conditions.We encourage you to review this Policy periodically for any changes.
Opt-Out:
(i)If you wish to stop receiving Account Communications text messages, reply to any text message we sent to you from shortcode 30305 by texting the word STOP to shortcode 30305. You agree to receive a final text message confirming your opt-out. Opting out of text messages related to Account Communications, will not stop Marketing Communications text messages from shortcode 35128.
(ii) If you wish to stop receiving Marketing Communications text messages, reply to any text message we sent to you from shortcode 35128 by texting the word STOP to shortcode 35128. You agree to receive a final text message confirming your opt-out. Opting out of text messages from shortcode 35128 related to Marketing Communications, will not stop Account Communications text messages from shortcode 30305.
Help or Support: If at any time you need additional information or information on how to stop text messages, call us at (800) 432-8579. We can answer any questions you may have regarding the program.
Participating Carriers: AT&T, Sprint/Boost/Virgin, T-Mobile/MetroPCS, Verizon Wireless, C Spire Wireless, Carolina West Wireless (CWW), CellCom USA, Google Voice, U.S. Cellular, ACS/Alaska, Advantage Cellular (DTC Wireless), Aio Wireless/Cricket, Appalachian Wireless, Atlantic Tele-Network International (ATN), Bandwidth, Bluegrass Cellular, Buffalo Wireless, CableVision, Cellular Network Partnership (PIONEER), Cellular One of East Central Illinois, Chariton Valley Cellular, Chat Mobility USA, ClearTalk(Flat Wireless), Copper Valley, Coral Wireless (Mobi PCS), Cross Telephone Company (MBO Wireless), Duet IP (Maximum Communications New Core Wireless), Element Mobile (Flat Wireless), Epic Touch (Elkhart Telephone), GCI Communications Corp, Golden State Cellular, i Wireless (IOWA Wireless), Illinois Valley Cellular (IV Cellular), Immix(Keystone Wireless), Inland Cellular Telephone Company, Leaco, Mosaic (Consolidated or CTC Telecom), MTA Communications, MTPCS (Cellular One Nation), Nex-Tech Wireless, Northwest Missouri Cellular Limited, Panhandle Telecommunications Systems(PTCI), Peoples Wireless, Pine Belt Wireless, Pine Cellular, Revol Wireless USA, RINA, Sagebrush Cellular (Nemont), SI Wireless/Mobile Nation, SouthernLinc, SRT Wireless, Texas RSA 3 Ltd(Plateau Wireless), Thumb Cellular, Union Telephone Company(Union Wireless), United Wireless, Viaero Wireless, West Central Wireless (5 Star Wireless).

Participating carriers are not liable for delayed or undelivered messages.

SANCTIONS AND EXPORT POLICY

You may not use any of the BrandsMart Services if you are the subject of U.S. sanctions or of sanctions consistent with U.S. law imposed by the governments of the country where you are using the BrandsMart Services. You must comply with all U.S. or other export and re-export restrictions that may apply to goods, software (including BrandsMart USA Software), technology and services.

QUESTIONS

For questions about these Terms of Service, the BrandsMart Services, or if you believe that we have not adhered to these Terms of Service, please contact us at Interbond of America, LLC d/b/a BrandsMart USA, Attn: Legal Department, 400 Galleria Pkwy SE, Suite 300, Atlanta, Georgia 30339 or at privacy@brandsmartusa.com. We will use commercially reasonable efforts to respond to and remedy any problems. Last Updated May 10th, 2024.

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