Terms of Use

Effective Date: May 23, 2024

Welcome! These Terms of Use and all other legal documents incorporated by reference (collectively, the “Terms”) set forth the legal contract between BOLD LLC (352385) ( “BOLD”, “Provider”, “we,” or “us”) and each end user (“User” or “you” or “your”) with respect to access to and use of our associated internet properties as linked and offered by us, our subsidiaries and affiliated companies, and any software that we provide to you (all of these collectively, the “Site” or the “Service”). Unless otherwise specified, all references to “Site” also include the use of our online platform, materials, proprietary content, tools, software, and services available through the Site. Thank you for visiting and learning more about BOLD!

PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE SERVICE, BECAUSE THEY AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, OR IF AT ANY TIME, THE TERMS ARE NO LONGER ACCEPTABLE TO YOU, PLEASE CEASE USE OF THE SITE IMMEDIATELY. THE SITE IS DIRECTED TO PEOPLE WITHIN THE UNITED STATES. CONTENT AVAILABLE ON OR THROUGH THE SITE MAY NOT BE APPROPRIATE OR AVAILABLE IN OTHER LOCATIONS. BOLD MAY LIMIT THE AVAILABILITY OF THE SITE AND SERVICE TO ANY PERSON OR GEOGRAPHIC AREA AT ANY TIME. IF YOU ACCESS THE SITE FROM OUTSIDE THE UNITED STATES, YOU DO SO AT YOUR OWN RISK.

SECTION 18 CONTAINS AN ARBITRATION CLAUSE AND CLASS ACTION WAIVER. BY AGREEING TO THESE TERMS, YOU AGREE (A) TO RESOLVE ALL DISPUTES (WITH LIMITED EXCEPTIONS) RELATED TO THE PROVIDER’S SERVICES AND/OR PRODUCTS THROUGH BINDING INDIVIDUAL ARBITRATION, WHICH MEANS THAT YOU WAIVE ANY RIGHT TO HAVE THOSE DISPUTES DECIDED BY A JUDGE OR JURY, AND (B) TO WAIVE YOUR RIGHT TO PARTICIPATE IN CLASS ACTIONS, CLASS ARBITRATIONS, OR REPRESENTATIVE ACTIONS, AS SET FORTH BELOW.YOU HAVE THE RIGHT TO OPT-OUT OF THE ARBITRATION CLAUSE AND THE CLASS ACTION WAIVER AS EXPLAINED IN SECTION 18.

Terms of Use Highlights

Please also read our full Terms of Use

Your Acceptance

• Each time you access and/or use the Service, you agree to be bound by these Terms and any Additional Terms (defined in Section 3(b)) that will apply to you, prospectively.

Your Privacy

• We collect certain information to improve and operate the Site.. You agree that we can use the information as outlined in our Privacy Policy.

Arbitration of All Disputes; No Class Relief

• These Terms contain a dispute resolution and arbitration provision, including a class action waiver that affects your rights. Please note that, depending on your country of residence, under certain circumstances you may be able to bring a dispute before the appropriate authorities or courts in the country in which you reside.
• Any disputes under these Terms (subject to limited, enumerated exceptions outlined below) will be resolved on an individual basis through binding arbitration, with no class relief.

Our Content, Intellectual Property, Copyrights and Trademarks

• You may not use, copy, reproduce, republish, upload, sale, resale, display, post, transmit, distribute, scrape, reverse engineer, or license any content or intellectual property, copyrights and trademarks on the Site without the Provider’s authorization.

Disclaimer of Warranties

• To the extent permitted by applicable law, we disclaim warranties and conditions and provide you with access to the Site “As is”.

Limitation of Liability

• To the extent permitted by applicable law, our liability is limited.

Contact

• Questions about these Terms may be sent to support@bold.com or as otherwise set forth in these Terms.

Full Terms of Use

1. Your Acceptance and Contractual Relationship.

   You represent and warrant that you are of age under the laws of your jurisdiction and/or lawfully able to enter into contracts. If you are not legally able to enter into contracts, you shall not use the Site at any time or in any manner or submit any information to Provider.

2. Privacy.

   Your privacy is important to us. Please review Provider’s Privacy Policy which explains how we use information that you submit to Provider and the choices you can make about the way this information is collected and used. The Privacy Policy is hereby incorporated by reference.

3. Modifications to the Terms or to the Service.

   (a) Terms. Provider can change, update, add or remove provisions of these Terms, at any time by posting the updated Terms on the Site and by providing a notice on the Site. If you do not agree with any of the updated Terms, you must stop using the Site.

   (b) Additional Terms. In addition, certain features of the Site may be subject to additional terms of use (“Additional Terms”), which shall be provided to you at the moment you choose to use such features. By using such features, or any part thereof, you agree to be bound by the Additional Terms applicable to such features. In the event that any of the Additional Terms governing such area conflict with these Terms, the Additional Terms will govern. Some elements of the Site may only be offered in the desktop version of the Site and may not be, for example, available in the mobile version of the Site.

4. Use of Our Site

   For as long as you agree to these Terms and abide by them, you may use the Site. These Terms apply to all Users of the Site.

   (a) Visitors. Visitors may browse the Site in accordance with these Terms.

   (b) Application Data. When applying for a job posted by Provider, you agree to (i) provide true, accurate, current and complete information about yourself as prompted by the Site’s registration form (the “Application Data”); and (ii) maintain and promptly update the Application Data to keep it true, accurate, current and complete. By applying for a job with us on behalf of another person, group or entity you hereby represent that you are authorized to do so.

   (c) Inquiries. When you communicate with us, by any of the available options in the Site, you shall also follow and abide by these Terms to the maximum extent that these Terms may be applicable to any written, verbal, or other type of communications.

5. Our Community and Our Acceptable Use Policy

   This section provides the acceptable use policy (“AUP”) which defines acceptable practices relating to the use of the Site, including system abuse and security. The Site must be used in a manner that is consistent with the intended purpose of the Site and the terms of the applicable agreement with Provider, including our Terms. By using the Site, you consent to be bound by the terms of this AUP. If you do not agree with anything in this section, you must discontinue use of the Site. For purposes of this section, “Provider” includes all of Provider’s affiliates, including direct and indirect subsidiaries.

   (a) Summary of Generally Prohibited Conduct. You will not use the Site to transmit or distribute material in a manner that: (i) violates any applicable law or regulation; (ii) may adversely affect the Site; (iii) may expose Provider to criminal or civil liability, or (iv) violate, infringe upon or otherwise misappropriate any third-party rights, including intellectual property rights, rights of publicity and privacy rights. You are prohibited from facilitating the violation of any part of this section or applicable third-party policies, including, but not limited to transmitting, distributing, or otherwise making available any product or information that violates this section or another provider’s policy or confidentiality agreement.

   (b) Responsible Use of the Site. Please act responsibly when using the Site. You may only use the Site and its contents for lawful purposes and in accordance with applicable law and you are prohibited from storing, distributing or transmitting any unlawful material through the Site. You recognize that storing, distributing or transmitting unlawful material could expose you to criminal and/or civil liability. You agree that if a third party claims that material you have contributed to the Site is unlawful, you will bear the burden of establishing that it is lawful. You understand and agree that all materials privately transmitted on or through the Site are the sole responsibility of the sender, not Provider, and that you are responsible for all information you upload or otherwise transmit to or through the Site.

   (c) Content Limitations. We require that you do not use the Site, send information to us, or act in a way, which in our opinion:

   • Libels, defames, invades privacy, stalks, is obscene, pornographic, racist, abusive, harassing, threatening or offensive;
   • Disparages, criticizes, belittles, parodies or otherwise portrays in a negative light any actor appearing in the content;
   • Infringes any intellectual property or other right of any entity or person, including violating anyone’s copyrights or trademarks or their rights of publicity;
   • Violates any law or may be considered to violate any law;
   • You do not have the right to transmit under any contractual or other relationship (e.g., inside information, proprietary or confidential information received in the context of an employment or a non-disclosure agreement);
   • Advocates or promotes illegal activity;
   • Impersonates or misrepresents your connection to any other entity or person or otherwise manipulates headers or identifiers to disguise the origin of the content;
   • Solicits funds, advertisers or sponsors;
   • Includes programs which contain viruses, worms and/or “Trojan horses” or any other computer code, files or programs designed to interrupt, overload, collapse, destroy or limit the functionality of any computer software or hardware or telecommunications;
   • Copies any other pages or images on the Site except with appropriate authority;
   • Includes illegally sourced MP3 format files;
   • Amounts to a “pyramid” or similar scheme;
   • Disobeys any policy or regulations established from time to time regarding use of the Site or any networks connected to the Site; or
   • Contains links to other sites that contain the kind of content that falls within the descriptions described above.
   • In addition, you are prohibited from removing any sponsorship banners or other material inserted by Provider anywhere on the Site.

   PLEASE BE AWARE THAT WE COOPERATE WITH LAW ENFORCEMENT AND REPORT SUSPICIOUS ACTIVITY.

   (d) System Abuse. Without limitation, you agree not to:

   • Send, create or reply to so called “mailbombs” (i.e., sending large or multiple files or messages to us with malicious intent) or engage in “spamming” (i.e., unsolicited emailing for business or other purposes) or undertake any other activity which may adversely affect the operation or enjoyment of this Service by any other person;
   • Copy, display, distribute, duplicate, aggregate, redistribute, alter or modify, any of the content available within the Site, or to any other individual or entity, other than as may be reasonably necessary to use the Site for its intended purpose;
   • Use any automated software or devices, such as spiders, robots or data mining techniques such as scraping, spidering, crawling or any other techniques to download, store, distribute or otherwise reproduce content within the Site and/or the Site itself;
   • Use or copy the Site including any data you view on and/or obtain from the Site to provide any product or service that is a Provider’s competitor in Provider’s sole discretion;
   • Interfere with, interrupt, destroy or limit the functionality of the Site or any computer software or hardware or telecommunications equipment;
   • Use the Site in any manner that could damage, disable, overburden, or impair any Provider’s server, or networks connected to any Provider’s server.
   • Gain unauthorized access to the Site, computer systems or networks connected to any Provider’s server or to the Site, through hacking, cracking, and distribution of counterfeit software, password mining or any other means;
   • Reverse engineer, decompile or disassemble any software accessed through the Site, including any proprietary communications protocol used by Provider;
   • Use information obtained from the Site to transmit any commercial, advertising or promotional materials without Provider’s written permission and except as expressly authorized by Provider, advertise or offer to sell or buy any goods or services for any purpose;
   • Provide any contact information which is not current and accurate, impersonate or create a false identity or falsify any information;
   • Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any information or any portion thereof;
   • Exploit, distribute or publicly communicate any error, miscue or bug which gives an unintended advantage; or
   • Reproduce, sell, resell or otherwise exploit any resource, or access to any resource, contained on this Site.

   (e) Violation of Security Systems. The use or distribution of tools designed for compromising security (e.g. password guessing programs, cracking tools or network probing tools) is strictly prohibited. If you become involved in any violation of system security, Provider reserves the right to release your details to system administrators at other sites or to law enforcement in order to assist them in resolving security incidents.

   Violations of this AUP may be reported to: legal@bold.com

6. Our Intellectual Property, Trademarks and Copyrights.

   You agree that, as between you and us, Provider (and our affiliated companies and suppliers) own all rights, title and interest in the Site and all tools, and all related intellectual property rights. The Site as a whole is copyrighted as a collective work, and individual works or content appearing on or accessible through the Site owned by or licensed to Provider or its content providers are likewise subject to copyright protection domestically and internationally. Likewise, all data files, program files, software, code, proprietary methods, systems and other materials used to operate the Site (“Materials”) may not be copied, modified, reproduced, republished, posted, transmitted, sold, offered for sale, or redistributed in any way without our prior written permission and the prior written permission of our applicable licensors. The Materials are protected by copyrights, patents, trade secrets or other proprietary rights.

   You must abide by all copyright notices, information, or restrictions contained in or attached to any of our Materials. Nothing in this Agreement grants you any right to receive delivery of a copy of our Materials or to obtain access to our Materials except as generally and ordinarily permitted through the Site according to these Terms. Certain names, logos, distinctive features, source identifiers and other materials displayed on the Site, including its “look and feel”, constitute trademarks, tradenames, service marks, trade dress or logos (“Trademarks”) of us or other entities. All Trademarks not owned by Provider that appear on this site are the property of their respective owners. You are not authorized to use any such Trademarks. Ownership of all such Trademarks and the goodwill associated therewith remains with us or those other entities. Unless you first obtain the copyright owner’s prior written consent, you may not copy, distribute, publicly perform, publicly display, digitally perform (in the case of sound recordings), or create derivative works from any copyrighted work made available or accessible via the Site. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices in the Site.

7. DMCA Notifications

   We respect the intellectual property rights of others and encourage you to do the same. Accordingly, we have a policy of removing content that violates the intellectual property rights of others, suspending access to the Service (or any portion thereof) to any user who uses the Service in violation of someone else’s intellectual property rights, and/or terminating in appropriate circumstances the Account of any user who uses the Service in violation of someone else’s intellectual property rights.

   a) Submitting a Notification for Removing Infringing Content. We have implemented procedures for receiving written notification of claimed copyright infringement and for processing such claims in accordance with applicable law (including 17 U.S.C. § 512 Digital Millennium Copyright Act (“DMCA”)). If you believe your copyright or other intellectual property right is being infringed by a user of this Site, please provide written notice to our agent for notice of claims of infringement at either:

   Attn: BOLD LLC, DMCA Designated Agent,

   Email: legal@bold.com.

   To be sure the matter is handled immediately, your written notice must:

   • Contain your physical or electronic signature;
   • Identify the copyrighted work or other intellectual property alleged to have been infringed;
   • Identify the allegedly infringing material in a sufficiently precise manner to allow us to locate that material;
   • Contain adequate information by which we can contact you (including postal address, telephone number, and e-mail address);
   • Contain a statement that you have a good faith belief that use of the copyrighted material or other intellectual property is not authorized by the owner, the owner’s agent or the law;
   • Contain a statement that the information in the written notice is accurate; and
   • Contain statement, under penalty of perjury, that you are authorized to act on behalf of the copyright or other intellectual property right owner.

   Unless the notice pertains to copyright or other intellectual property infringement, the agent will be unable to address the listed concern.

   b) Submitting a Counter-Notification. We will notify you that we have removed or disabled access to copyright-protected material that you provided if such removal is pursuant to a validly received DMCA take-down notice. In response, if you believe the material was removed or disabled by mistake or because of a misidentification of the material, you may provide our agent with a written counter-notification that includes the following information:

   • Your physical or electronic signature;
   • Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
   • A statement from you under the penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
   • Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a court for the judicial district in which your physical address is located, or if your physical address is outside of the United States of America, for any judicial district in which we may be located, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.

   c) Termination of Repeat Infringers. We reserve the right, in our sole discretion, to terminate the account or access of any user of this Site or Service who is the subject of repeated DMCA or other infringement notifications.

   Under federal United States law, if you knowingly misrepresent a copyright infringement, you may be subject to criminal prosecution for perjury and civil penalties, including monetary damages, court costs, and attorney’s fees. All complaints will be investigated promptly in accordance with these Terms. Provider seeks to preserve any and all exemptions from liability that may be available under the copyright law, but does not necessarily stipulate that it is a service provider as defined in USC section 512(c) or elsewhere.

8. Your Use of Materials.

   Your right to make use of the Site and any Material or other content appearing on it is subject to your compliance with these Terms. Modification or use of the Material or any other content on the Site for any purpose not permitted by these Terms may be a violation of our intellectual property rights (see Section 6 above) as protected by law and these Terms and is prohibited.

   The Materials and all other content on the Service may not be copied, reproduced, republished, uploaded, displayed, posted, transmitted, distributed, licensed or used in any way unless specifically authorized by Provider. Any authorization to copy or download Material granted by Provider in any part of the Site for any reason is restricted to making a single copy for non-commercial, personal, entertainment use on a single computer only, and is subject to your keeping intact all copyright and other proprietary notices. Using any Material on any other website or networked computer environment is prohibited. Also, decompiling, reverse engineering, disassembling, or otherwise reducing the code used in any software on the Site into a readable form in order to examine the construction of such software and/or to copy or create other products based (in whole or in part) on such software, is prohibited (please refer to our Acceptable Use Policy for more information).

   Notice to the European Union residents:

   If you are an EU resident, your statutory rights and your other rights derived from the Directive 2009/24/EC of 23 April 2009 on the legal protection of computer programs, implemented accordingly by each Member State, remain unaffected. Besides exceptions to the restricted acts all and any actions require authorization by the Provider.

9. Invited Submissions.

   From time to time, areas on the Site may expressly request submissions of ideas or improvements through promotions, surveys or otherwise submissions about the experience of persons that work or have worked, directly or indirectly, for Provider (“Invited Submissions”’). Sometimes Provider may incentivize users and current or former persons that have worked for Provider to participate in Invited Submissions. Where this is the case, please carefully read any Additional Terms that govern those submissions, as they will affect your legal rights. If no Additional Terms govern those submissions, then these Terms will apply in full to any Invited Submissions you make. IN ANY EVENT, ANY MATERIAL YOU SEND TO US WILL NOT BE TREATED AS CONFIDENTIAL. Regardless of any industry custom or practice, we will not pay you for the use of any content or submissions that you submit to the Site. Provider may use such content and submissions as user testimonials.

10. Disclaimer Regarding Testimonials

    The Service may contain testimonials and opinions (“Testimonials”) by users of the Site or persons that have worked directly or indirectly for Provider (“Workers”). These testimonials reflect the real-life experiences and opinions of such users and Workers. However, the experiences are personal to those particular users or Workers, and may not necessarily be representative of all users and Workers. We do not claim, and you should not assume, that all users and Workers will have the same experiences. YOUR INDIVIDUAL RESULTS AND/OR EXPERIENCE MAY VARY.

    The testimonials on the Service are submitted in various forms such as text, audio and/or video, and are reviewed by us before being posted. They may appear on the Service as given by the users or Workers, except for the correction of grammar or typing errors. Some testimonials may have been shortened for the sake of brevity where the full testimonial contained extraneous information not relevant to the general public. Photos added next to testimonials may not always represent the person giving the testimonial. The views and opinions contained in the testimonials belong solely to the individual user and do not reflect our views and opinions. We may not be affiliated with users who provide testimonials. Users and Workers are not paid in cash or compensated for their testimonials unless the testimonial is part of an incentivized Invited Submission.

11. Copyright and Infringement Notification Policy.

    We respect the intellectual property rights of others and encourage you to do the same. Accordingly, we have a policy of removing content that violates the intellectual property rights of others, suspending access to the Service (or any portion thereof) to any user who uses the Service in violation of someone else’s intellectual property rights, and/or terminating in appropriate circumstances the Account of any user who uses the Service in violation of someone else’s intellectual property rights

    a) Submitting a Notification for Removing Infringing Content. We have implemented procedures for receiving written notification of claimed copyright infringement and for processing such claims in accordance with applicable law (including 17 U.S.C. § 512 Digital Millennium Copyright Act (“DMCA”)). If you believe your copyright or other intellectual property right is being infringed by a user of this Site, please provide written notice to our agent for notice of claims of infringement at either:

    Attn: BOLD LLC, DMCA Designated Agent,

    Email: legal@bold.com.

    To be sure the matter is handled immediately, your written notice must:

    • Contain your physical or electronic signature;
    • Identify the copyrighted work or other intellectual property alleged to have been infringed;
    • Identify the allegedly infringing material in a sufficiently precise manner to allow us to locate that material;
    • Contain adequate information by which we can contact you (including postal address, telephone number, and e-mail address);
    • Contain a statement that you have a good faith belief that use of the copyrighted material or other intellectual property is not authorized by the owner, the owner’s agent or the law;
    • Contain a statement that the information in the written notice is accurate; and
    • Contain statement, under penalty of perjury, that you are authorized to act on behalf of the copyright or other intellectual property right owner.

    Unless the notice pertains to copyright or other intellectual property infringement, the agent will be unable to address the listed concern.

    b) Submitting a Counter-Notification. We will notify you that we have removed or disabled access to copyright-protected material that you provided if such removal is pursuant to a validly received DMCA take-down notice. In response, if you believe the material was removed or disabled by mistake or because of a misidentification of the material, you may provide our agent with a written counter-notification that includes the following information:

    • Your physical or electronic signature;
    • Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
    • A statement from you under the penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
    • Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a court for the judicial district in which your physical address is located, or if your physical address is outside of the United States of America, for any judicial district in which we may be located, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.

    c) Termination of Repeat Infringers. We reserve the right, in our sole discretion, to terminate the account or access of any user of this Site or Service who is the subject of repeated DMCA or other infringement notifications.

    Provider seeks to preserve any and all exemptions from liability that may be available under the copyright law, but does not necessarily stipulate that it is a service provider as defined in USC section 512(c) or elsewhere.

12. Disclaimer of Warranties.

    YOUR USE OF THE SITE IS AT YOUR OWN RISK. THE SITE AND ALL THE MATERIALS, INFORMATION, SOFTWARE, AND OTHER CONTENT IN THE SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, AND TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, PROVIDER AND ANY SUBSIDIARIES OR AFFILIATED COMPANIES OF THE PROVIDER (“PROVIDER GROUP”) DISCLAIM ALL WARRANTIES AND CONDITIONS, EXPRESS IMPLIED OR COLLATERAL, RELATED TO THE SERVICE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE PROVIDER GROUP DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE WILL BE AVAILABLE, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVERS THAT MAKE THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE PROVIDER GROUP DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS OR CONDITIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIAL, INFORMATION, SOFTWARE, FACILITIES, SERVICES OR OTHER CONTENT ON THE SITE OR ANY WEB SERVICES LINKED TO THE SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. THE PROVIDER GROUP MAKES NO WARRANTIES OR CONDITIONS THAT YOUR USE OF SERVICE, OR THE MATERIALS, INFORMATION, SOFTWARE, FACILITIES, OR OTHER CONTENT IN THE SERVICE OR ANY WEB SERVICE WILL NOT INFRINGE THE RIGHTS OF OTHERS AND THE PROVIDER GROUP ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH MATERIALS, INFORMATION, SOFTWARE, FACILITIES, OR OTHER CONTENT OF THE SERVICE OR ANY OTHER WEB SERVICE.

    IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES AND CONDITIONS, THE ABOVE EXCLUSIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.

    IF YOU ARE ACCESSING THE SERVICE FROM THE EUROPEAN UNION OR OTHER JURISDICTIONS THAT TO DO NOT RECOGNIZE DISCLAIMERS OF CERTAIN WARRANTIES, NOTHING IN THIS AGREEMENT SHALL EXCLUDE OR LIMIT LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM THE NEGLIGENCE OF EITHER PARTY OR THEIR SERVANTS, AGENTS OR EMPLOYEES.

13. Limitation of Liability.

    THE PROVIDER GROUP DISCLAIMS ALL LIABILITY WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND DOES NOT ACCEPT ANY LIABILITY FOR ANY LOSS OR DAMAGE (DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY OR OTHERWISE) RESULTING FROM ANY USE OR MISUSE OF, OR INABILITY TO USE, THE SITE OR ANY OTHER WEB SITE, OR THE MATERIAL, INFORMATION, SOFTWARE, FACILITIES, SERVICES OR OTHER CONTENT ON THE SITE OR ANY OTHER WEB SITE, REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED AND EVEN IF ANY MEMBER OF THE PROVIDER GROUP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. WITHOUT LIMITATION, YOU (AND NOT ANY MEMBER OF THE PROVIDER GROUP) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY SUCH LOSS OR DAMAGE ARISING.

    IF APPLICABLE LAW DOES NOT ALLOW ALL OR ANY PART OF THE ABOVE LIMITATION OF LIABILITY TO APPLY TO YOU, THE LIMITATIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.

14. Indemnity.

    To the extent permitted by applicable law in your jurisdiction, you agree to indemnify and hold harmless Provider and its officers, directors, employees, agents, distributors and affiliates from and against any and all claims, demands, liabilities, costs or expenses, including reasonable legal fees, resulting from your breach of these Terms, including any of the foregoing provisions, representations, warranties or conditions, and/or from your transmission of any content onto Provider’s servers.

15. Investigations.

    Provider reserves the right to investigate suspected violations of these Terms, including without limitation any violation arising from any submission, posting or e-mails you make or send to any Forum. Provider may seek to gather information from the user who is suspected of violating these Terms, and from any other user. Provider may suspend any users whose conduct or postings are under investigation and may remove such material from its servers as it deems appropriate and without notice. If Provider believes, in its sole discretion, that a violation of these Terms has occurred, it may take any corrective action it deems appropriate, as permitted by applicable law. Provider will fully cooperate with any law enforcement authorities or court order requesting or directing Provider to disclose the identity of anyone posting any e-mails, or publishing or otherwise making available any materials that are believed to violate these Terms. BY ACCEPTING THIS AGREEMENT, YOU WAIVE AND HOLD HARMLESS ALL MEMBERS OF THE PROVIDER GROUP FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY MEMBER OF THE PROVIDER GROUP DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUNCE OF INVESTIGATIONS BY EITHER A MEMBER OF THE PROVIDER GROUP OR LAW ENFORCEMENT AUTHORITIES.

16. Third-Party Sites.

    The Site may link you to other sites on the Internet that may not be affiliated with Provider. These sites may contain information that some people may find inappropriate or offensive. These other sites are not under the control of Provider, and you acknowledge that (whether or not such sites are affiliated in any way with Provider), Provider is not responsible for the accuracy of the legality, decency, or any other aspect of the content of such sites. The inclusion of such a link does not imply endorsement of any site by Provider or any association with its operators. If you elect to use such third-party sites, and/or if you elect to ‘click’ on a link or button, you understand that (a) you will be leaving our Site and (b) your use of any such third-party sites will be subject to any terms and conditions and privacy policies required by the applicable third-party provider(s). Provider does not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party, and you irrevocably waive any claim against us with respect to such sites. We strongly encourage you to use caution before providing any sensitive information (e.g., social security numbers or financial information) to any third party and to make whatever investigation you feel necessary or appropriate before proceeding with any communications with any of these third parties.

17. Governing Law.

    You and we each agree that the Terms evidence a transaction involving interstate commerce, and will be governed by and construed in accordance with U.S. federal law as contemplated by the Terms and to the fullest extent permissible. To the extent state law applies to any matters arising under or related to the Terms, or to claims or disputes arising thereunder, the law of the state of New York will apply, except as specified in this Section 17 below.

    Section 18 of these Terms, which contain an arbitration agreement and class action waiver, are governed by the Federal Arbitration Act (9 U.S.C. § 1 et seq.) (“FAA”) and other applicable federal law, including the FAA’s procedural provisions, in all respects. This means that the FAA governs, among other things, the interpretation and enforcement of the arbitration agreement and all of its provisions, including, without limitation, the class action waiver. State arbitration laws do not govern in any respect. To the extent state law applies to any disputes and claims that are subject to the binding arbitration agreement and/or class action waiver in Section 18, the law of the state of New York will apply.

    For claims or disputes arising under or related to the Terms that involve financial transactions processed by Auxiliant S.à.r.l, the laws of Luxembourg shall apply. For any claims or disputes that are not within the jurisdiction of any small claims court, and are not subject to the arbitration agreement in Section 18 of these Terms, You and we consent to the jurisdiction of the courts of New York and Luxembourg.

    These Terms will not be governed by the United Nations Convention on Contracts for the International Sale of Goods.

18. Binding Arbitration Agreement and Class Action Waiver.

    PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS. IT CONTAINS PROCEDURES FOR MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.

    Scope of the Arbitration Agreement. You and we each agree that, except as provided below, any dispute, claim, or controversy relating in any way to or arising in any way out of the Terms, the Provider’s services, or the Provider’s products, including the Service, and any use (or lack of use) or access (or lack of access) thereto, or purchase from the Provider (collectively, “Dispute”)—irrespective of when that Dispute arose—whether based in contract, warranty, tort, statute, regulation, ordinance, or any other legal or equitable basis, shall be resolved exclusively through final and binding individual arbitration, rather than in Court. You and we thereby agree to waive any right to a jury trial, and agree that you and we may bring claims against each other only in an individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. “Dispute” will be given the broadest possible meaning allowable under law.

    (a) Informal Dispute-Resolution Process: Either party asserting a Dispute shall first try in good faith to resolve it by providing written notice to the other party, as specified below, describing the facts and circumstances relating to the Dispute (including any relevant documentation). You must send any notice to legal@bold.com or to the U.S. mailing address listed in the “Contact Us” section of these Terms. Any notice we send to you will be sent to the most recent contact information that you provide us. If no such information exists or if such information is not current, we have no obligation under this section. For a period of sixty (60) days from the date of receipt of notice from the other party, you and the Provider will attempt in good faith to resolve the Dispute, though nothing will require either you or the Provider to resolve the Dispute on terms that either you or the Provider, in each of our sole discretion, find unacceptable. Both you and the Provider agree that this Informal Dispute-Resolution Process is a condition precedent which must be satisfied before the initiation of arbitration against the other party.

    (b) Arbitrating Disputes: After the Informal Dispute-Resolution Process, any remaining Dispute will be resolved through binding arbitration, using the English language, administered by JAMS under its Streamlined Arbitration Rules and Procedures (the “JAMS Rules”) then in effect (those rules are deemed to be incorporated by reference into this section, and as of the date of these Terms). If arbitration before JAMS is unavailable or impossible for any valid reason, any Dispute remaining after the Informal Dispute-Resolution Process will be conducted by, and according to, the rules and regulations then in effect of the American Arbitration Association (AAA). Either Party may initiate arbitration of a Dispute upon completion of the Informal Dispute-Resolution Process for that Dispute. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any and all Disputes arising out of or relating to the formation, existence, scope, validity, interpretation, applicability, or enforceability of this agreement to arbitrate, or any part of it, or of these Terms of Use, including, but not limited to, any claim (except as explicitly outlined below) that all or any part of this agreement to arbitrate or the Terms of Use is void or voidable. If any party disagrees about whether any portion of this Section 18 can be enforced or whether it applies to the Dispute, the parties agree that the arbitrator will decide that Dispute. Notwithstanding the foregoing, the parties agree that any issue concerning the validity of the class action waiver contained in this arbitration agreement must be decided by a court, and an arbitrator does not have authority to consider the validity of the class action waiver. Both you and the Provider understand and agree that we are waiving our right to sue or go to court to assert or defend our rights, except as set forth below.

    Unless you and the Provider agree otherwise, including to conduct the arbitration by telephone or videoconference or to have the arbitrator decide the Dispute without a hearing, any arbitration brought by or against a User who lives in the United States shall take place in-person in the User’s hometown or in New York, NY, unless the arbitrator determines that a different location would better serve the convenience of the parties. If you live outside the United States, any arbitration will take place in New York, NY.

    Arbitration will be handled by a single arbitrator in accordance with the JAMS Rules. Judgment on the arbitration award may be entered in any court that has jurisdiction. Any arbitration under these Terms will take place on an individual basis – class arbitrations and class actions are not permitted. You understand that by agreeing to these Terms, you and the Provider are each waiving the right to trial by jury or to participate in a class action or class arbitration.

    (c) Exceptions: Notwithstanding the arbitration agreement in this Section 18, you and the Provider agree that the following types of Disputes will be resolved in a court of proper jurisdiction, unless both you and the Provider agree to submit the Dispute to arbitration pursuant to the procedures in this binding arbitration agreement:

    • Disputes or claims within the jurisdiction of a small claims court consistent with the jurisdictional and dollar limits that may apply, as long as the action or proceeding is brought and maintained as an individual action or proceeding and not as a class, representative, or consolidated action or proceeding;
    • Disputes or claims where the sole form of relief sought is injunctive relief (including public injunctive relief); or
    • intellectual property Disputes.

    Any litigation in court of the foregoing types of Disputes (except for small claims court actions) may be commenced only in a federal or state court located within New York, NY, and you and the Provider each consent to the jurisdiction of those courts for such purposes. Regardless of whether the foregoing types of Disputes in this Exceptions provision are resolved by a court or pursuant to arbitration, you and the Provider agree that the Dispute is subject to the class action waiver provision set in this Section 18.

    (d) Costs of Arbitration: Payment of all filing, administration, and arbitrator costs and expenses will be governed by the JAMS Rules, except that if you demonstrate that any such costs and expenses owed by you under those rules would be prohibitively more expensive than a court proceeding, the Provider will pay the amount of any such costs and expenses that the arbitrator determines are necessary to prevent the arbitration from being prohibitively more expensive than a court proceeding (subject to possible reimbursement as set forth below).

    Each party is responsible for his, her, their or its own attorneys’ fees and expenses, and the Provider will not pay your attorneys’ fees or expenses except to the extent ordered by the arbitrator. For the avoidance of doubt, in cases where a statute gives you the right to recover attorneys’ fees if you prevail, the arbitrator may award attorneys’ fees pursuant to that statute. In the event the arbitrator determines the Dispute you brought to arbitration is, in whole or in part, frivolous according to Federal Rule of Civil Procedure 11, or brought for an improper purpose, you agree to reimburse the Provider for all fees associated with the arbitration paid by the Provider that you otherwise would have been obligated to pay under the JAMS Rules. In determining whether a Dispute is frivolous, in whole or in part, the arbitrator may consider whether the Provider has offered you a full refund of the sum you paid to the Provider for services provided by the Provider or has otherwise offered full relief to you in relation to your individual claim. If the arbitrator, upon final disposition of the case, finds your Dispute was not frivolous, the Provider will reimburse any filing fees that you paid and were not otherwise reimbursed. Judgment on the arbitration award may be entered in any court that has jurisdiction.

    (e) Opt-Out: You have the right to opt-out and not be bound by the arbitration provisions set forth in these Terms by sending written notice of your decision to opt-out to:

    BOLD LLC

    City View Plaza II, Suite 6000

    Guaynabo, PR 00968

    United States of America

    The notice must be sent to the Provider within thirty (30) days of your first agreeing to these Terms; otherwise you shall be bound to arbitrate disputes on a non-class basis in accordance with these Terms. If you opt out of only the arbitration provisions, and not also the class action waiver provision, the class action waiver still applies. You may not opt out of only the class action waiver provision and not also the arbitration provisions. If you opt-out of the arbitration provisions, or if you opt out of both the arbitration and the class action waiver provisions, the Provider will also not be bound by them.

    (f) WAIVER OF RIGHT TO BRING CLASS ACTION AND REPRESENTATIVE CLAIMS: To the fullest extent permitted by applicable law, you and the Provider each agree that any proceeding, whether in court or arbitration, to resolve any Dispute will be brought and conducted ONLY IN THE RESPECTIVE PARTY’S INDIVIDUAL CAPACITY AND NOT AS PART OF ANY CLASS (OR PURPORTED CLASS), CONSOLIDATED, MULTIPLE-PLAINTIFF, OR REPRESENTATIVE ACTION OR PROCEEDING (“CLASS ACTION”). You and the Provider AGREE TO WAIVE THE RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS ACTION. You and the Provider EXPRESSLY WAIVE ANY ABILITY TO MAINTAIN A CLASS ACTION IN ANY FORUM (whether arbitration, court, or otherwise). If the dispute is subject to arbitration, THE ARBITRATOR WILL NOT HAVE THE AUTHORITY TO COMBINE OR AGGREGATE CLAIMS, CONDUCT A CLASS ACTION, OR MAKE AN AWARD TO ANY PERSON OR ENTITY NOT A PARTY TO THE ARBITRATION. Further, you and the Provider agree that the ARBITRATOR MAY NOT CONSOLIDATE PROCEEDINGS FOR MORE THAN ONE PERSON’S CLAIMS, AND THE ARBITRATOR MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CLASS ACTION. For the avoidance of doubt, the waiver of the right to bring claims in or otherwise participate in a class, representative, or consolidated action or proceeding set forth in the class action waiver contained herein does not prevent you from seeking public injunctive relief in an individual capacity to the extent otherwise authorized by law.

    IF THIS CLASS ACTION WAIVER IS LIMITED, VOIDED, OR FOUND UNENFORCEABLE, THEN, UNLESS THE PARTIES MUTUALLY AGREE OTHERWISE, THE PARTIES’ AGREEMENT TO ARBITRATE SHALL BE NULL AND VOID WITH RESPECT TO SUCH PROCEEDING SO LONG AS THE PROCEEDING IS PERMITTED TO PROCEED AS A CLASS ACTION. If a court decides that the limitations of this Section 18(f) are deemed invalid or unenforceable, any putative class, private attorney general, or consolidated or representative action must be brought in a court of proper jurisdiction and not in arbitration.

    (g) Miscellaneous: We will provide notice of any material changes to this binding Arbitration Agreement and/or class action waiver (which may be satisfied by updating these Terms of Use, unless not otherwise permitted by law), in which case you will have the right to opt out of the arbitration provisions and/or class action waiver within 30 days after such change, consistent with the terms above. Except as set forth above regarding the class action waiver provision, if any portion of these arbitration provisions is deemed invalid or unenforceable, it will not invalidate the remaining portions of these arbitration provisions. Other than with respect to the class action waiver, as set forth above, only the arbitrator is authorized to make determinations as to the scope, validity, or enforceability of this binding Arbitration Agreement, including whether any Dispute falls within its scope.

    In the event that the arbitration agreement and/or class action waiver in this Section 18 is for any reason held to be unenforceable, any litigation against us (except for actions in small claims court) may be commenced only in a federal or state court located in New York, NY, and you and the Provider each consent to the jurisdiction of those courts for such purposes. In the event any provision of these Terms of Use is found by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, you agree that, unless it materially affects the entire intent and purpose of these Terms of Use, the invalidity, voidness, or unenforceability shall affect neither the validity of these Terms of Use nor the remaining provisions herein (except as set forth above with respect to the class action waiver), and the provision in question shall be deemed to be replaced with a valid and enforceable provision most closely reflecting the intent and purpose of the original provision.

    (h) Non-Us Residents: If any controversy, allegation, or claim (including any non-contractual claim) arises out of or relates to the Site or these Terms, then you and we agree to send a written notice to the other providing a reasonable description of this Section 18(h) dispute, along with a proposed resolution of it. Our notice to you will be sent to you based on the most recent contact information that you provide us. If no such information exists or if such information is not current, then, we have no obligation under this section. Your notice must be sent to us at legal@bold.com. For a period of sixty (60) days from the date of receipt of notice from the other party, Provider and you will engage in a dialogue in order to attempt to resolve the dispute, though nothing will require either you or Provider to resolve the Section 18(h) dispute on terms either you or Provider, in each of our sole discretion, are uncomfortable. Nothing in this Section will prevent a party from pursuing their claims in Court or another complaint process.

    (i) EU Residents: You may have a right to of out-of-court settlement of certain disputes in accordance with Regulation (EU) No. 524/2013. Details can be found in Regulation (EU) No. 524/2013 and at: .http://ec.europa.eu/consumers/odr We are neither obliged nor willing to participate in an out-of-court dispute resolution procedure before a consumer arbitration board. Your statutory rights regarding choice of law and venue, to the extent applicable, remain unaffected.

19. Local Regulations.

    Provider makes no representation that Materials or other content on the Site are appropriate or available for use outside of the United States of America (“United States”), and if accessing the Site from outside the United States, then Provider makes no representation that Materials or other content on the Site are appropriate or available for use from your current location. If you choose to access the Site from other locations outside the United States, you do so on your own initiative and at your own risk.

    You are responsible for complying with local laws, if and to the extent local laws are applicable.

20. Electronic Communications.

    The communications between you and Provider may be made through electronic means, whether you visit the Site or send Provider emails or Provider communicates with you via email. For contractual purposes, you (1) consent to receive communications from Provider in an electronic form; and (2) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Provider provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights.

21. California Residents Notice

    Under California Civil Code Section 1789.3, California residents are entitled to the following consumer rights notice: This Site is operated by BOLD LLC. If you have a question or complaint regarding the Site, please contact Customer Service at support@bold.com. You may also contact us by writing us at BOLD LLC, City View Plaza II, 48 Road 165 Suite 6000, Guaynabo, PR 00968, USA. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by post at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834 or by telephone at (916) 445-1254 or (800) 952-5210 or Hearing Impaired at TDD (800) 326-2297 or TDD (916) 322-1700. Email: dca@dca.ca.gov.

22. General.

    If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between you and Provider relating to the matters contained here and the Site.

23. Contact Us.

    The Site is controlled and operated by Provider. Whether you access the services through any of our internet properties or family Sites you may contact Provider using the information provided herein. Please forward any comments or complaints about the Site to support@bold.com or write to BOLD LLC, City View Plaza II, Suite 6000, Guaynabo, PR 00968.