Terms and Conditions
Last updated: April 6, 2021
Welcome!
Cynthia Moos, LLC (“the Company”, “us” or “we”) and its parent, subsidiary and affiliate entities worldwide (referred to herein as “Best French Forever” or “we” or “us” or “our”) own and operate the website www.bestfrenchforever.com (“Site”).
These Terms of Use and Sale (“Terms”) constitute a legally binding agreement made by and between Best French Forever and the user of this Site (personally and, if applicable, on behalf of the entity for whom you are using the Site; collectively, “you”).
The Terms govern your use of the retail, subscription, and other services we make available on this Site (“Services”).
PLEASE TAKE A MOMENT TO READ THIS DOCUMENT, as it contains important information regarding your rights associated with your use of the Site and your purchase of products on the Site.
BY ACCESSING OR USING ANY PART OF THE SITE OR SERVICES, YOU AGREE THAT YOU HAVE READ, UNDERSTOOD AND AGREED TO BE BOUND BY THESE TERMS, WHICH CONTAIN AN ARBITRATION AGREEMENT, A WAIVER OF CLASS-ACTION RIGHTS, AND LIABILITY LIMITATIONS. YOU ALSO AGREE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THE PRIVACY POLICY, WHICH DESCRIBES HOW WE COLLECT, USE AND DISCLOSE YOUR DATA AND WHICH IS INCORPORATED INTO THESE TERMS, AND YOU CONSENT TO SUCH COLLECTION, USE AND DISCLOSURE. IF YOU DO NOT AGREE TO BE SO BOUND, YOU MAY NOT ACCESS OR USE THE SITE OR ANY SERVICES.
By viewing or using our Site, you agree to these Terms and those posted by us from time to time. Best French Forever reserves the right to amend, change or modify these Terms at any time. When we post changes to these Terms, we will revise the “Last Updated” date at the top of the Terms. Your continued use of the Sites after any changes or revisions to these Terms become effective shall indicate your agreement with the terms of such revised and then-current Terms. You may be accessing our Site from a computer or mobile phone device and these Terms govern your use of the Site regardless of how you access it.
If you have any questions about these Terms, please contact us by email at legal@bestfrenchforever.com.
1. GENERAL
USERS OF THE SITE
The Site is intended for our customers located in the United States only. AlPlease note that this Site is not intended for persons under 18 years of age. By using the Site on behalf of any third party, you are representing to us that you are an authorized representative of that third party and that your use of the Site constitutes that third party’s acceptance of these Terms. In addition, if you have been previously prohibited from accessing the Site or the website of any of our affiliates, you are not permitted to access the Site.
ACCESSIBILITY
We strive to make our Site content accessible and user-friendly. If you are having difficulty viewing the content on this Site or navigating the site, please send us an email at support@bestfrenchforever.com or call us at (303) 630-9070.
YOUR USE OF THE SITE
Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-sublicensable, non-transferable, and revocable right to access the Site and use the information and any text, images, graphics, product designs, or codes (“Materials”) for your personal, non-commercial use. You may use the Site only as permitted by law. The license granted to you automatically terminate if you do not comply with these Terms. All rights not expressly granted to you in these Terms are reserved and retained by Best French Forever and its suppliers and licensors.
OUR CODE OF CONDUCT
You are responsible for your use of the Site, and for any use of the Site made using your account. Our goal is to create a positive, useful, and safe user experience. To promote this goal, we prohibit certain kinds of conduct that may be harmful to other users or to us. When you use the Site, you agree not to upload, distribute, or otherwise publish through this Site any content, information, or other material that (a) violates or infringes the copyrights, patents, trademarks, service marks, trade secrets, or other proprietary rights of any person; (b) is abusive, libelous, threatening, defamatory, obscene, indecent, profane, pornographic, or could give rise to any civil or criminal liability under U.S. or international law; or (c) includes any bugs, viruses, worms, trap doors, Trojan horses or other harmful code or properties, and you agree not to advocate, encourage, or assist any third party in doing any of the foregoing.
YOUR PRIVACY
You may be required to register with us to access certain areas of the Site or to place an order. You may be asked to provide information such as your name, shipping address, billing address, e-mail address, credit card information and your phone number. Your privacy is important to us. Please take a moment to review our Privacy Policy, available here as it explains how we protect and use your information.
OUR INTELLECTUAL PROPERTY
The Site and the Materials are the sole property of Best French Forever, its affiliates or respective licensors and are protected by intellectual property and other applicable laws in the United States and/or abroad. Except as otherwise provided on the Site or in these Terms, you may not download, upload, copy, print, display, reproduce, publish, license, post, distribute, or otherwise use any Materials from the Site in whole or in part for any public or commercial purpose without specific prior written permission from Best French Forever. We are the owner and/or authorized user of any registered or unregistered trademarks, trade names, logos, designs, titles and product names appearing on the Site, and Best French Forever, its affiliates and respective licensors are the copyright owners of the Materials on the Site, unless otherwise indicated. You agree not to use, change or delete any proprietary notices form the Materials and not to use any metatags or any other “hidden text” utilizing any of our names or trademarks without our express written consent.
2. ACCOUNT REGISTRATION; ACCOUNT USE
ACCOUNT REGISTRATION
If you create an account, you must provide us with complete and accurate information. You must promptly update such information to keep it complete and accurate. You are entirely responsible for maintaining the confidentiality of your password and account. You are entirely responsible for any and all activities that occur under your account. You may not use anyone else’s account at any time. We may remove or reclaim your username if we believe it is appropriate (such as in response to a trademark claim). We reserve the right to terminate or cancel accounts. These Terms survive such termination or cancellation.
SECURITY OF YOUR ACCOUNT
You agree to notify Best French Forever immediately of any unauthorized use of your account or any other breach of security. We will not be liable for any loss, damages, liability, expenses or attorneys’ fees that you may incur as a result of someone else using your password or account, either with or without your knowledge, to the fullest extent permitted by applicable law. You will be liable for losses, damages, liability, expenses and attorneys’ fees incurred by Best French Forever or a third party due to someone else using your account.
RECORD OF YOUR ACCOUNT
Best French Forever has no obligation to retain a record of your account or any data or information that you may have stored for your convenience by means of your account or the Services.
3. SUBSCRIPTIONS AND PROMOTIONS
YOUR ORDERS
Any purchase order you place on this Site is an offer to buy, under these Terms, the products listed in your order. All orders must be accepted by us. We may choose not to accept, or to cancel an order for any reason. Some situations that may result in your order being canceled include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or problems identified by our credit and fraud avoidance system. After having received your order, we will send you a confirmation email with your order number and details of the items you have ordered.
SUBSCRIPTIONS AND ONE-TIME PURCHASE
We offer Best French Forever subscription plans (each, a “Subscription”) or one-time purchase for quarterly shipments of curated items on the Best French Forever website. Our plans are also subject to our Best French Forever Subscription Terms, which provide additional information regarding Subscriptions and One-Time Purchase (including term, delivery frequency, and pricing).
SUBSCRIPTIONS AUTOMATICALLY RENEW
YOU ACKNOWLEDGE AND AGREE THAT EACH SUBSCRIPTION AUTOMATICALLY RENEWS UNLESS YOU CANCEL IT OR WE SUSPEND OR TERMINATE IT IN ACCORDANCE WITH THESE TERMS.
CANCELLATION POLICY
Subscriptions may be cancelled at any time, subject to these Terms and the Best French Forever Subscription Terms. In order to cancel your Subscription, you must visit your Account Page by logging in, or contact us at support@bestfrenchforever.com and follow the instructions given. There are no cancellation fees.
PROMO CODES
Best French Forever may, from time to time in its sole discretion, offer certain promotional codes for discounts. Promotional codes are non-transferable and are not redeemable for cash, credit, or toward previous purchases. The promotion code must be redeemed at the time of checkout, unless otherwise advertised, and cannot retroactively be applied to a purchase. There is no cash alternative. Furthermore, promotional codes cannot be used in conjunction with any other offer or promotional discount, and must be redeemed by the date published, if provided. Lost promotional codes cannot be replaced. Limit one promotional code per customer. Promotional codes are void where prohibited. Any promotional program may be terminated or modified by Best French Forever at any time in its sole discretion.
4. TERMS OF SALE
The following terms apply to your purchase of the products offered on the Site, whether by way of a Subscription, “add-on” product, or otherwise (“Products”).
PRODUCT DESCRIPTION
We try to make the Site thorough, accurate, and helpful to our customers. Nonetheless, there may be times when certain information contained on the Site may be incorrect, incomplete, inaccurate, or appear inaccurate because of the browser, hardware, or other technology that you use. We apologize in advance for any such errors that may result in an incorrect price, inaccurate description, item unavailability or otherwise affect your order. We reserve the right to correct errors (whether by changing information on the Site or by informing you of the error and giving you an opportunity to cancel your order) or to update Product information at any time without notice.
AVAILABILITY AND PRICING
Best French Forever reserves the right to change the prices and available Products and Subscriptions at any time. Any Subscriptions you have already paid for as of the date of such notice will not be affected by such change for the then-current term of the Subscription.
Quantities of some Products may be limited and stock cannot always be guaranteed. Prices do not include any shipping and handling fees, foreign exchange or transaction fees, or any applicable taxes – any shipping and handling fees and taxes charged or collected by Best French Forever will be added to your order and will appear as a separate charge on your order receipt/confirmation, unless otherwise specified in the order confirmation.
PURCHASING PRODUCTS
The display of Products on the Site invites you to make us an offer to buy the Products. Your order is an offer to buy the Products, which we accept only by shipping the Products ordered. Any confirmation that you receive after placing an order does not constitute an acceptance of your offer, and is subject to correction before shipment in the event of inaccuracies, errors, Product unavailability, or for any other reason.
ORDERS
We have the right to refuse or limit any orders, limit quantities, and Subscriptions. We will not be liable if a Product is unavailable or if shipment is delayed. To the extent legally permissible, we reserve the right to provide substantially similar products to fulfill your order.
RETURNS
We do not allow returns or substitutions of Products. All sales are final.
DAMAGED OR INCOMPLETE SHIPMENT
Please inspect your packages and products upon delivery.
If you notice damage while the carrier is on site, please DO NOT take possession of the damaged product(s). Instead, take a picture of the damage, gather copies of the paperwork from the carrier (if possible), and refuse delivery. Next, contact us via email at support@bestfrenchforever.com.
If you notice damage after delivery, take pictures of the damage, and contact us by phone via email at support@bestfrenchforever.com. We will file a claim with the carrier and send you a replacement product.
We must receive notice of a damaged or incomplete shipment within two (2) weeks of receipt (as shown on by our common carrier’s shipping information). Any refunds or replacements are made solely in our discretion.
PAYMENT
You authorize us (and any payment processor) to charge your payment card for all purchases you make, including regularly for Subscriptions. We accept the forms of payment stated on the Site and, for credit card payments, charge your credit card when your order is processed. The bank issuing your credit card may control when to release funds in the case of an order cancellation or refund. We reserve the right to use the payment information you provide us in connection with this payment to provide better service to you should you wish to use our service again in the future and to protect us from fraud and other losses. Completion of a payment transaction is contingent upon:
(a) you providing complete personal, account, transaction and any other information needed,
(b) authorization of the payment by your credit or debit card company, and (c) acceptance of your payment. You may cancel your payment prior to your final submission of it to us. We may, in our sole discretion, cancel your payment at any time by providing notice to you through your contact information or by a notice when you attempt to make a payment. We may cancel a payment or prevent you from initiating future payments for any reason, including, without limitation, the following: (i) if you attempt to use the Services in breach of any applicable law or regulation, including the card network rules or regulations; (ii) if you use the Services in breach of these Terms; (iii) if we suspect fraudulent, unlawful or improper activity regarding a payment; (iv) if we detect, in our sole discretion, that your payments have excessive disputes, high reversal rates or present a relatively high risk of losses; or (v) failure to cooperate in an investigation or provide additional information when requested.
TRANSFER OF TITLE AND RISK OF LOSS/DAMAGE
Title to and the risk of loss/damage of all Products passes from us to you at the time we deliver the Products to the common carrier for shipment. By purchasing Products on the Site for shipment, you are asking us to engage a common carrier to deliver your order. In doing so, we are providing a service to and acting on behalf of you. We reserve the right to choose any and all procedures, packaging and the common carrier of sold Products. We may not be able to have your order shipped to a post office box, to certain addresses or on certain days. We reserve the right to ship your order in multiple boxes or shipments.
TAXES
Stated prices do not include any customs duties, sales, use, value-added, excise, federal, state, local or other taxes. You are solely responsible for the payment of such taxes related to your purchase. We have the right to charge you for any taxes that we believe we are required to pay or collect related to your purchase.
5. INTELLECTUAL PROPERTY; THIRD-PARTY CONTENT AND SERVICE
OUR INTELLECTUAL PROPERTY
All content on the Site, or otherwise made available via the Site, including the text, notes, graphics, photos, sounds, music, videos, interactivities and the like (“Content”), the trademarks, service marks and logos contained therein (“Marks”), the design of the Site and/or Services (“Site Design”), and all software and other technology used to provide the Site and/or Services (“Technology”), are owned by or licensed to Best French Forever and/or its affiliates. Content is provided to you “as is” for your information and personal use only and may not be used, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever. We reserve all rights not expressly granted in and to the Site, Content, Marks, Site Design and Technology. Using the Site and/or Services does not give you any ownership of or right in or to any Content, Marks, Site Design or Technology.
THIRD PARTY LINKS
For your convenience we may provide links to third party websites operated by other entities on the Site. Any other website accessed from the Site is independent from Best French Forever, and Best French Forever has no control over the content of that other Site. We do not make any warranty or representation regarding, and do not endorse, any linked websites or the information appearing thereon or any of the products or services described thereon. Any third-party links do not imply that Best French Forever sponsors, endorses, is affiliated or associated with any linked third-party websites.
6. CONTRIBUTIONS TO BEST FRENCH FOREVER
Any text, photographs, artwork, ideas, questions, reviews, comments, suggestions or other content that you submit or post to the Site or otherwise provide to us are referred to as “User Content.” The following Terms apply to User Content:
LICENSE TO BEST FRENCH FOREVER
By sharing, submitting or uploading any User Content, you grant Best French Forever a worldwide, perpetual, irrevocable, non-exclusive, royalty-free, sub-licensable and transferable license to use, copy, distribute, display, publish, perform, sell, transmit, adapt, translate, modify, reverse-engineer, disassemble and create derivative works from your User Content in any manner existing now or created in the future. Subject to the license above, you retain ownership of User Content.
WAIVER OF MORAL RIGHTS
You irrevocably waive and agree not to assert any rights, including any “moral rights,” that you have to prevent us from exploiting the rights granted in the section above.
RIGHT TO NAME AND LIKENESS
You also grant us the right to use and display the name, photograph and any other biographical information that you submit with any User Content in connection with such User Content.
YOUR RESPONSIBILITY FOR USER CONTENT
You acknowledge and agree that you are solely responsible for all the User Content that you make available through the Site. Accordingly, you represent and warrant that: (1) you have all rights, licenses, consents, and releases necessary to grant Best French Forever the required rights to disseminate any User Content and (2) neither your User Content nor your posting, uploading, publication, submission or transmittal of this User Content or Best French Forever’s use of your uploaded User Content (or any portion thereof) on, through or by the means of the Site, will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights or rights of publicity or privacy or result in the violation of any applicable law or regulation.
OUR USE OF USER CONTENT
We may display advertisements in connection with your User Content or on pages where your User Content may be viewed by you or others, and we may use your User Content to advertise and promote our Products or the Site. Our license to your User Content is non-exclusive, meaning you may use the User Content for your own purposes or let others use your User Content for their purposes. This license is fully paid and royalty free, meaning we do not owe you anything else in connection with our use of your User Content. We may exercise our rights under this license anywhere in the world. Lastly, this license is perpetual, meaning that our rights under this license continue even after you stop using the Site. We may refuse to accept or transmit User Content for any reason with or without notice. We may remove User Content from the Site for any reason with or without notice.
8. WARRANTIES; DISCLAIMER; LIMITATION OF LIABILITY; NOTICE TO NEW JERSEY RESIDENTS
NO WARRANTIES.
THE SITE, SERVICES AND PRODUCTS ARE PROVIDED “AS AVAILABLE” AND “AS IS” TO THE FULLEST EXTENT PERMITTED BY LAW, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND. BEST FRENCH FOREVER DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL WARRANTIES, EXPRESS, IMPLIED AND
STATUTORY, INCLUDING ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. BEST FRENCH FOREVER DOES NOT WARRANT THAT ANY PRODUCTS WILL BE IN STOCK, SAFE, DEFECT-FREE, CONFORM WITH WRITTEN OR ORAL SPECIFICATIONS, GUARANTEES, REPRESENTATIONS, WARRANTIES OR PROMISES, OR THAT PRODUCTS WILL NOT BE LOST OR DAMAGED IN SHIPMENT. THIS PROVISION IS NOT INTENDED TO DISCLAIM LIABILITY THAT WE MAY NOT DISCLAIM UNDER APPLICABLE LAW.
USE OF SITE IS AT YOUR OWN RISK.
BEST FRENCH FOREVER DOES NOT REPRESENT OR WARRANT THAT THE SITE, SERVICES OR EMAILS SENT TO YOU WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, FREE OF VIRUSES OR OTHER HARMFUL CODE, OR THAT ALL INFORMATION WILL BE ACCURATE OR COMPLETE. YOU AGREE THAT YOUR USE OF THE SITE SHALL BE AT YOUR SOLE RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR HARDWARE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF MATERIAL OR DATA. BEST FRENCH FOREVER MAKES NO REPRESENTATION, WARRANTY, GUARANTEE OR PROMISE THAT THE PRODUCTS, SITE OR SERVICES WILL MEET YOUR REQUIREMENTS OR ACHIEVE ANY PARTICULAR RESULTS. WE WILL NOT BE RESPONSIBLE FOR ANY THIRD-PARTY CONTENT OR SERVICES ON THE SITE, ANY LINKS TO THIRD-PARTY WEBSITES OR ANY THIRD-PARTY WEBSITES. PACKAGING, LABELS AND INSTRUCTIONS MAY CONTAIN MANUFACTURER DISCLAIMERS AND LIMITATIONS OF LIABILITY THAT APPLY TO THE PRODUCTS YOU PURCHASE. BEST FRENCH FOREVER MAKES ALL DISCLAIMERS IN THIS PARAGRAPH ON BEHALF OF ITSELF AND ITS LICENSORS AND SUPPLIERS.
NO RESPONSIBILITY FOR THIRD-PARTY MATERIALS.
BEST FRENCH FOREVER DOES NOT WARRANT, ENDORSE, GUARANTEE OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE OR ANY WEBSITE FEATURED OR LINKED TO THROUGH THE SITE, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. WE WILL NOT BE LIABLE FOR THE OFFENSIVE OR ILLEGAL CONDUCT OF ANY THIRD PARTY. YOU VOLUNTARILY ASSUME THE RISK OF HARM OR DAMAGE FROM THE FOREGOING. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE AND TO THE FULLEST EXTENT PERMITTED BY LAW.
NO CONSEQUENTIAL DAMAGES.
IN NO EVENT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WILL BEST FRENCH FOREVER, ITS AFFILIATES OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR REPRESENTATIVES (COLLECTIVELY “BEST FRENCH FOREVER” FOR PURPOSES OF THIS SECTION) BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES RESULTING FROM THE PERFORMANCE, USE OF OR THE INABILITY TO USE THE SITE, SERVICES OR PRODUCTS, EVEN IF BEST FRENCH FOREVER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, VIOLATION OF STATUTE OR OTHERWISE. BEST FRENCH FOREVER WILL NOT BE LIABLE FOR THE COST OF REPLACEMENT PRODUCTS, LOSS OF REVENUE, OR LOSS OF GOOD WILL.
OUR LIABILITY IS LIMITED.
IN ANY EVENT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, OUR AGGREGATE LIABILITY WILL NOT EXCEED THE AMOUNT PAID FOR THE PRODUCT(S) TO WHICH THE CLAIM RELATES OR, IF THE CLAIM DOES NOT RELATE TO A PRODUCT, $99.99. THIS PROVISION IS NOT INTENDED TO EXCLUDE LIABILITY THAT BEST FRENCH FOREVER MAY NOT EXCLUDE UNDER APPLICABLE LAW.
NOTICE TO NEW JERSEY RESIDENTS.
Your rights are protected under the Truth-in-Consumer Contract, Warranty and Notice Act and New Jersey law generally. The following provisions in these Terms do not apply to you and are not intended to vary, diminish or alter your rights under New Jersey law: specifically, nothing in these Terms limits, varies, diminishes, affects, or otherwise voids or alters your rights under New Jersey law as they relate to the following: limitations of liability or exculpation (such as limitations on indirect, incidental, special, exemplary, consequential or similar damages); dispute resolution; indemnification; venue or jurisdiction; statutes of limitation or repose periods for bringing claims; plain language requirements; and warranties. Your rights regarding these specific provisions will be governed by New Jersey law. In the event of any conflict between these Terms and New Jersey law, New Jersey law shall govern.
9. INDEMNITY
To the fullest extent permitted by applicable law, you agree to defend, indemnify and hold harmless Best French Forever, its affiliates and their respective directors, officers, employees and agents (the “Indemnified Parties”) from and against any and all claims, damages, losses, liabilities and expenses (including attorneys’ fees) incurred in connection with any third-party claim brought or asserted against any of the Indemnified Parties: (a) alleging facts or circumstances that would, if true, constitute a violation of any provision of these Terms by you or (b) arising from or related to our use of your User Content in the context of the Services. You may not settle any such claim without our express written consent. This defense and indemnification obligation is intended to extend to the fullest extent permitted by applicable law and will survive these Terms and your use of the Site.
10. DISPUTES
You and Best French Forever agree that any dispute that has arisen or may arise between us relating in any way to your use of or access to the Services or Site, the Products, any breach, enforcement, or termination of these Terms, or otherwise relating to Best French Forever in any way (collectively, “Covered Matters”) will be resolved in accordance with the provisions set forth in this Section 11.
AMICABLE RESOLUTION OF DISPUTES
If you have any issues with your use of the Site or your purchase of products, you agree to first contact us so that we can try to resolve the issue amicably. You can reach us at 1 (303) 630-9070 or via email at legal@bestfrenchforever.com and provide a brief, written description of the dispute and your contact information (including your username, if your dispute relates to an account). You agree to allow sixty (60) days to pass, during which we will attempt to reach an amicable resolution of any issue.
APPLICABLE LAW
United States federal law, and (to the extent not inconsistent with or pre-empted by federal law) the laws of the State of Colorado, without regard to conflict of laws principles, will govern all Covered Matters.
ARBITRATION
Any unresolved dispute, controversies, claims or counterclaims relating in any way to your visit or access of the Site or to the products you purchase through the Site shall be submitted to binding and final arbitration instead of court proceedings, AND YOU AND BEST FRENCH FOREVER EACH WAIVE ANY RIGHT IT MAY HAVE TO A JURY TRIAL. However, you may elect to pursue our claim in small-claims court rather than arbitration if you provide us with written notice of your intention to do so within 60 days of your purchase. Also, you and Best French Forever each retain the right to apply to any court of competent jurisdiction for provisional relief, including pre-arbitral attachments or preliminary injunctions, and any such request shall not be deemed incompatible with this arbitration agreement.
The arbitration shall be heard and determined by a single arbitrator in the Denver, Colorado area. Arbitration under these Terms shall be conducted under the rules then prevailing of the American Arbitration Association. The Federal Arbitration Act and federal arbitration law apply to this agreement to arbitrate. The arbitrator, and not any federal, state, or local court or agency, shall have the exclusive authority to resolve any dispute relating to the interpretation applicability, enforceability, or formation of these Terms including, but not limited to, a claims that all or any part of these Terms is void or voidable. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction.
The arbitration or small-claims court proceedings will be limited solely to your individual dispute or controversy. Neither you nor Mantion may act as a class representative or private attorney general nor participate as a member of a class of claimants. To the fullest extent permitted by applicable law, no arbitration under these Terms shall be joined to an arbitration involving any other party subject to these Terms, whether through class arbitration proceedings or otherwise.
If any provision of this arbitration agreement is found to be invalid or unenforceable, then that specific provision shall be of no force and effect and shall be severed, but the remainder of this arbitration agreement shall be enforced to the fullest extent permissible by applicable law.
AWARD
For matters where the relief sought is over $5,000, the arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. The arbitrator will decide the substance of all claims in accordance with applicable law, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator’s award of damages must be consistent with the terms of the “Limitation of Liability” section as to the types and the amounts of damages for which a party may be held liable. The arbitrator shall not be bound by rulings in prior arbitrations involving different users, but is bound by rulings in prior arbitrations involving the same Best French Forever user to the extent required by applicable law. The arbitrator’s award shall be final and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. THE ARBITRATOR MAY
AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER USERS.
EXCEPTIONS
There are only two exceptions to this agreement to arbitrate:
(a) First, if either party reasonably believes that the other party has in any manner violated or threatened to infringe the intellectual property rights of the other party, the party whose rights have been violated may seek injunctive or other appropriate interim relief in any court of competent jurisdiction.
(b) Second, any claim of $500 or less may, at the option of the claiming party, be resolved in small claims court in Arapahoe County, Colorado, if the claim and the parties are within the jurisdiction of the small claims court and so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis.
11. GENERAL TERMS
FORCE MAJEURE
Under no circumstances will Mantion be responsible or held liable for any delay or failure in performance due in whole or in part to any acts or events beyond our reasonable control, including, without limitation, any governmental acts, orders or regulations, any strikes, shortages of material, supply chain interruptions or disruptions, delays of common carrier, epidemics, terrorism, fires, flooding, water damage, acts of God or any other industrial disturbances beyond our reasonable control.
OTHER PROVISIONS
A failure to insist upon or enforce strict performance of any provision of these Terms shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of these Terms. These Terms do not and are not intended to confer any right or remedies upon any person other than Best French Forever and you. You will not assign any or your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this paragraph shall be null and void. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity or enforceability of any remaining condition.
ENTIRE AGREEMENT
These Terms, and all policies referenced therein, are the final and integrated agreement between you and Best French Forever regarding all matters contained in these Terms.
USE OUTSIDE OF THE U.S.A.
The Site is controlled and offered by Best French Forever from the United States of America. Best French Forever makes no representations that the Site is appropriate for use in other locations. Those who access or use the Site from other locations do so at their own risk and are responsible for compliance with local law. You consent to the processing in the United States of America of information you provide to us.
ELECTRONIC COMMUNICATIONS
When you visit the Site or send emails or chat messages to us, you agree to communicate with us electronically. You hereby agree to receive communications from us electronically. You also agree to be bound by electronic submissions with respect to all transactions you enter on this Site, including but not limited to notices of cancellation, policies, or purchase orders. You acknowledge that your electronic submissions constitute your agreement and your acceptance to be bound by such transactions.
HOW TO CONTACT US
Please do not hesitate to contact us if you have any questions or need assistance! Our small but mighty team would be happy to assist you, Monday through Friday, from 9 AM to 4:30 PM, Mountain Time. You can reach us by phone at 1 (303) 630-9070 or via email at support@bestfrenchforever.com.