Terms of Use

Terms of Use

AGREEMENT TO TERMS

These terms of use (“Terms of Use”) constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and Integrated Bind LLC d/b/a iBynd (hereinafter referred to as “iBynd”, “we,” “us” or “our”). These Terms of Use for your use and purchase of services, products or features (“Services”) on the sites owned or controlled by iBynd, including the website located at www.iBynd.com as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively the “Site”). We may add additional Sites from time to time as we expand our offerings and these Terms of Use will govern those new Sites when added. You may be accessing our Sites from a computer or mobile phone device and these Terms of Use govern your use of our Sites and your conduct, regardless of the means of access. If you do not agree to be bound by the terms of this Agreement, you may neither use nor access the Site or our Services.

You agree that by accessing the Site, you have read, understood, and agree to be bound by all of these Terms of Use. If you do not agree with all of these Terms of Use, then you are expressly prohibited from using the Site and you must discontinue use immediately. These Terms of Use are a binding legal contract between you and us. These Terms of Use are accepted by you either because (a) you affirmatively agreed to these Terms of Use by indicating such agreement via an electronic checkbox when you registered for an iBynd Site or Service or (b) when you use this Site.

​THESE TERMS OF USE CONTAIN A BINDING ARBITRATION PROVISION THAT REQUIRES ARBITRATION IN CERTAIN CIRCUMSTANCES AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.

​iBynd is not responsible for, any interactions between you and any other individual or entity through our Site, any interaction between you and any other individual or entity through our Site, is solely between you and that other entity. iBynd expressly disclaims any responsibility for any interactions between you and an individual or entity through our Site, or to any services or products acquired or made available through our Site.

Supplemental Terms of Use or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Use at any time and for any reason. Such changes shall be effective upon posting on the Site, and your use of the Site after such posting will constitute acceptance by you of such changes.

We do not intend for the Site to be used by persons or entities in countries or jurisdictions outside of the United States that require us to obtain a registration or license. If you are in such a country or jurisdiction, you are not authorized to and agree that you will not use the Site.

STATE INSURANCE LICENSES

​Information regarding iBynd’s state insurance agency licenses may be found here. All insurance products on the Site are underwritten by a third-party insurance company. All decisions regarding any insurance products, including approval, premium, commissions and fees, will be made solely by the authorized insurer underwriting the insurance under the insurer’s then-current criteria. All insurance products are governed by the terms, conditions, limitations and exclusions set forth in the applicable insurance policy. Any information on the Site does not in any way alter, supplement, or amend the terms, conditions, limitations or exclusions of the applicable insurance policy and is intended only as a brief summary of such insurance product. Please consult the policy for the exact terms and conditions. No warranty, guarantee, or representation, either express or implied, is made as to the correctness or sufficiency of any information contained on the Site. Insurance coverage may not be available in your state. iBynd may receive a commission from an insurer or other intermediary and/or additional compensation in connection with the sale of insurance to you.

INTELLECTUAL PROPERTY RIGHTS
Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights laws of the United States, foreign jurisdictions, and international conventions.

The Site and the Content and the Marks are provided on the Site “AS IS” for your information and use only for the strict purposes of learning about or purchasing Services on the Site. Except as expressly provided in these Terms of Use, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

Provided that you are eligible to use the Site, you are granted a limited right to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for the strict purposes of learning about or purchasing Services on the Site. We reserve all rights in and to the Site, the Content and the Marks.​

USER REPRESENTATIONS

By using the Site, you represent and warrant that:

• if you provide any information, including registration information, all such information you submit will be true, accurate, current, and complete;
• you will maintain the accuracy of such information and promptly update such registration information as necessary;
• you have the legal capacity and you agree to comply with these Terms of Use;
• you are not under the age of 18;
• you will not access the Site through automated or non-human means, whether through a bot, script, or otherwise;
• you will not use the Site for any illegal or unauthorized purpose;
• your use of the Site will not violate any applicable law or regulation;
• you will not engage in unauthorized framing of or linking to the Site;
• you have full power and authority to agree to these Terms of Use;
• you are not located in, under the control of, or a national or resident of any country subject to sanctions by the United States;
• you have not been placed on the U.S. Department of Commerce’s Denied Persons List;
• you are not identified as a “Specially Designated National” by the United States government; and
• you will not access the Site if you have previously been prohibited from doing so or if any laws prohibit you from doing so.​

Despite the foregoing if you do use the Site, you shall still be bound by these Terms of Use. If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).

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USER REGISTRATION

You may be required to register with the Site. You agree to keep your username and password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

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PROHIBITED ACTIVITIES

You may not access or use the Site for any purpose other than that for which we make the Site available, including, but not limited to the following prohibitions on use.

• systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us;
• make any unauthorized use of the Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses;
• use a buying agent or purchasing agent to make purchases on the Site.
• use the Site to advertise or offer to sell goods and services;
• circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein;
• engage in unauthorized framing of or linking to the Site;
• trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords;
• make improper use of our support services or submit false reports of abuse or misconduct;
• engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools;
• interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site;
• attempt to impersonate another user or person or use the username of another user;
• sell or otherwise transfer your profile;
• use any information obtained from the Site in order to harass, abuse, or harm another person;
• use the Site as part of any effort to compete with us or otherwise use the Site and/or the Content for any revenue-generating endeavor or commercial enterprise;
• decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site;
• attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site;
• harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to you;
• delete the copyright or other proprietary rights notice from any Content;
• copy or adapt the Site’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code;
• upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site;
• upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”);
• except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using or launching any unauthorized script or other software;
• disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site; or
• use the Site in a manner inconsistent with any applicable laws or regulations.

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SUBMISSIONS AND FEEDBACK

The Site may contain functionality that permits you to comment on articles; share materials; provide ideas, proposals, suggestions (“Feedback”); or otherwise make available certain materials through or in connection with your use of the Site (collectively, “Submissions”).

​Whether related to the Site or otherwise, you acknowledge and agree that your Submissions are not confidential; that your provision of Submissions is gratuitous, unsolicited and without restriction; and that the provision of any Submission does not place us under any fiduciary or other obligation.​

We may (but have no obligation to) monitor, evaluate, alter or remove Submissions before or after they appear on the site; however, we have no control over and are not responsible for any use or misuse (including any distribution) by any third party of Submissions.

If you choose to make publicly available any of your user information or other personally identifiable or other information through the Site (for example through posting a comment or other form of Submission), you do so at your own risk and you agree that such Submissions by you will comply with all relevant requirements set out in these Terms of Use.​

We can use Submissions to contact you about our products or services. We will use Submissions in accordance with our Privacy Policy and any written agreement we have with you. You grant iBynd and its sublicensees a worldwide, royalty-free, nonexclusive, transferable, perpetual and irrevocable license to use, distribute, transmit, reproduce, modify, publish, translate, publicly perform and display and create derivative works of your Submissions. You represent and warrant that you have all the rights necessary to grant the rights in this Section and that use of Submissions by us does not violate any third party’s rights or violate any law.

THIRD-PARTY WEBSITES AND CONTENT DISCLAIMER

Our Site are available for informational purposes only. The information provided in this Site is strictly for reference only and is not in any manner a substitute for your own investigation nor is it intended to be a substitute for professional tax, legal, or financial advice.

​The Site may contain (or you may be sent via the Site) links to other websites (“Third-Party Websites”) as well as articles, photographs, text, graphics, pictures, designs, video, information, applications, software, and other content or items belonging to or originating from third parties (“Third-Party Content”).​

Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Site or any Third-Party Content posted on, available through, or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content.

Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. iBynd does not recommend, and expressly disclaims any responsibility for, the Third-Party Content, the accuracy of the Third-Party Content, or quality of products or services provided by or advertised on Third-Party Websites or the transactions you conduct or enter into with third parties through the Third-Party Websites. If you decide to leave the Site and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Terms of Use no longer govern such Third-Party Content or Third-Party Websites.

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You should review the applicable terms and policies, including privacy and data gathering practices, of any Third-Party Websites to which you navigate from the Site or relating to any applications you use or install from the Site. Any purchases you make through Third-Party Websites will be through such Third-Party Websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party operator of such Third-Party Websites.

​You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us harmless from any claims, losses, damages or harm caused by your purchase of such products or services. Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or your contact with Third-Party Websites.

​We make no representations or warranties regarding the quality or accuracy of any Third-Party Websites or Third-party Content contained in the Site. IN NO EVENT WILL WE BE LIABLE, DIRECTLY OR INDIRECTLY, TO ANYONE FOR ANY DAMAGES OR LOSSES ARISING FROM OR RELATING TO ANY USE OR RELIANCE ON ANY PRODUCTS, SERVICES, OR OTHER CONTENT RELATING TO LINKED SITES.

NO ENDORSEMENT

​iBynd does not recommend or endorse any specific plan, product offering or provider, or any other information that may be mentioned on the Site or that may be offered by or through another insurance broker or intermediary to whom we may refer you. Reliance on any information provided by iBynd is solely at your own risk.​

YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH THE THIRD PARTY PROVIDERS, INCLUDING, WITHOUT LIMITATION, PROFESSIONALS, INSURANCE BROKERS OR INSURANCE COMPANIES. YOU UNDERSTAND THAT IBYND DOES NOT IN ANY WAY SCREEN ITS THIRD PARTY PROVIDERS, NOR DOES IBYND INQUIRE INTO THE BACKGROUNDS OF SUCH THIRD PARTY PROVIDERS OR ATTEMPT TO VERIFY THE STATEMENTS, REPRESENTATIONS OR WARRANTIES OF SUCH THIRD PARTY PROVIDERS. IBYND MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF THIRD PARTY PROVIDERS, THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE SITE, OR THE QUALITY OF ANY GOODS OR SERVICES OFFERED BY ANY THIRD PARTY PROVIDERS. IN NO EVENT SHALL IBYND BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO ANY ACT OR OMISSION OF ANY THIRD PARTY PROVIDER, OR ANY GOODS OR SERVICES OF ANY THIRD PARTY PROVIDERS. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL INTERACTIONS WITH THIRD PARTY PROVIDERS. YOU UNDERSTAND THAT IBYND MAKES NO WARRANTIES OR GUARANTEES, EITHER EXPRESS OR IMPLIED, REGARDING THE QUALITY OR APPROPRIATENESS OF ANY OF THE GOODS OR SERVICES OFFERED BY ANY THIRD PARTY PROVIDER TO ANY USER OF THE SITE.

SITE MANAGEMENT
We reserve the right, but not the obligation, to:

1. monitor the Site for violations of these Terms of Use;
2. take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use, including without limitation, reporting such user to lawenforcement authorities;
3. in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof;
4. in our sole discretion and without limitation, notice, or liability, to remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and
5. otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site.

​SUPSENSION

WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION. If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

DISCLAIMER OF WARRANTY

USE OF THIS SITE IS AT YOUR SOLE RISK. ALL MATERIALS, INFORMATION, PRODUCTS, SOFTWARE, PROGRAMS, AND SERVICES ARE PROVIDED "AS IS," WITH NO WARRANTIES OR GUARANTEES WHATSOEVER. IBYND EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, STATUTORY, AND OTHER WARRANTIES, GUARANTEES, OR REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY AND INTELLECTUAL PROPERTY RIGHTS. WITHOUT LIMITATION, IBYND MAKES NO WARRANTY OR GUARANTEE THAT THIS SITE WILL BE UNINTERRUPTED, TIMELY, OR SECURE,. IBYND DOES NOT WARRANT THAT THE SITE CONTAINS ACCURATE INFORMATION OR WILL BE FREE FROM BUGS, DEFECTS OR ERRORS, OR ACCESSIBLE WITHOUT INTERRUPTION.

YOU UNDERSTAND AND AGREE THAT IF YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIALS, INFORMATION, PRODUCTS, SOFTWARE, PROGRAMS, OR SERVICES FROM THIS SITE, YOU DO SO AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES THAT MAY RESULT, INCLUDING LOSS OF DATA OR DAMAGE TO YOUR COMPUTER SYSTEM. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY​

YOUR USE OF THE SITE AND THE INFORMATION AVAILABLE THROUGH THE SITE IS ENTIRELY AT YOUR RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL IBYND BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY TYPE WHATSOEVER RELATED TO OR ARISING DIRECTLY OR INDIRECTLY FROM THIS SITE OR ANY USE OF, OR INABILITY TO USE, THIS SITE, OR OF ANY SITE OR RESOURCE LINKED TO, REFERENCED, OR ACCESSED THROUGH THIS SITE, OR FOR THE USE OR DOWNLOADING OF, OR ACCESS TO, ANY MATERIALS, INFORMATION, PRODUCTS, OR SERVICES, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOST SAVINGS OR LOSS OF PROGRAMS OR OTHER DATA, EVEN IF IBYND EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS EXCLUSION AND WAIVER OF LIABILITY APPLIES TO ALL CAUSES OF ACTION, WHETHER BASED ON CONTRACT, WARRANTY, TORT, OR ANY OTHER LEGAL THEORIES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS. IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF THE PROTECTED ENTITIES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THE TERMS OF USE OR YOUR USE OF THIS SITE EXCEED, IN THE AGGREGATE, THE GREATER OF (A) $10 OR (B) THE AMOUNT PAID BY YOU TO US DIRECTLY IN EXCHANGE FOR YOUR USE OF THIS SITE. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542 WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, AND THAT IF KNOWN BY HIM OR HER WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”

MODIFICATIONS AND INTERRUPTIONS

We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of the Site without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site. We cannot guarantee the Site will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site during any downtime or discontinuance of the Site. Nothing in these Terms of Use will be construed to obligate us to maintain and support the Site or to supply any corrections, updates, or releases in connection therewith.

GOVERNING LAW

These Terms of Use and your use of the Site are governed by and construed in accordance with the laws of the State of New Jersey applicable to agreements made and to be entirely performed within the State of New Jersey, without regard to its conflict of law principles.​

DISPUTE RESOLUTION

To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms of Use (each a “Dispute” and collectively, the “Disputes”) brought by either you or us (individually, a “Party” and collectively, the “Parties”), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least 30 days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.

ANY ACTION OR PROCEEDING UNDER THESE TERMS WILL TAKE PLACE ONLY ON AN INDIVIDUAL BASIS; CLASS ACTIONS AND PROCEEDINGS ARE NOT PERMITTED. YOU UNDERSTAND AND AGREE THAT BY ENTERING INTO THESE TERMS, YOU AND IBYND ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY AND TO PARTICIPATE IN A CLASS ACTION.​

BINDING ARBITRATION

If the Parties are unable to resolve a Dispute through informal negotiations, the  Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.

​The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the AAA website www.adr.org. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules. The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by either Party. Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in Bergen County, New Jersey.

If for any reason, a Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or prosecuted in the state and federal courts located in Bergen County, New Jersey, and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction, and forum non conveniens with respect to venue and jurisdiction in such state and federal courts.

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Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) are excluded from these Terms of Use.

​In no event shall any Dispute brought by either Party related in any way to the Site be commenced more than one year after the cause of action arose. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

​The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.​

CORRECTIONS

There may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to the Site, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.

INDEMNIFICATION

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) your use of the Site; (2) breach of these Terms of Use; (3) any breach of your representations and warranties set forth in these Terms of Use; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; or (5) any overt harmful act toward any other user of the Site with whom you connected via the Site. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

​USER DATA

We will maintain certain data that you transmit to the Site for the purpose of managing the Site, as well as data relating to your use of the Site. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data. You acknowledge and agree that we may disclose information you provide (including, without limitation, personally identifiable information) if required to do so by law, at the request of a third party (including, without limitation, law enforcement agencies), or if we, in our sole discretion, believe that disclosure is reasonable to (i) comply with the law, requests or orders from law enforcement; (ii) protect or defend our, or a third party’s rights or property; or (iii) protect someone’s health or safety, such as when harm, violence or abuse against any person is threatened.

ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing.

YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE.

​You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

CALIFORNIA USERS AND RESIDENTS

Pursuant to California Civil Code §1789.3, California residents are also entitled to the following specific consumer rights notice: Complaints regarding the Site or Services or requests to receive further information regarding use of the Site or Services may be sent to our address below or to privacy@ibynd.com

The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Boulevard, Suite N112, Sacramento, CA 95834 or by telephone at (916) 445-1245 or (800) 952-5210. Hearing impaired persons may call TDD (800)-326- 2297 or TDD (916)-928-1227, see www.dca.ca.gov for additional information.

MISCELLANEOUS
These Terms of Use and any policies or operating rules posted by us on the Site constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision.

These Terms of Use operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control.

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If any provision or part of a provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions.

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There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms of Use or use of the Site. You agree that these Terms of Use will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use.

​CONTACT US
In order to resolve a complaint regarding the Site or to receive further information regarding use of the Site, please contact us at:

Integrated Bind, LLC
61 W Palisade Ave | Suite 2B
Englewood, NJ 07631
Telephone: 833-429-6301
E-mail: privacy@ibynd.com

DIGITAL MILLENNIUM COPYRIGHT ACT

​The Digital Millennium Copyright Act of 1998 (17 U.S.C. § 512) (the “DMCA”) provides recourse for any material appearing on our site that you believe is infringing your rights under U.S. copyright law. We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with the DMCA and other applicable law. If you believe any materials accessible on or from this Site infringe your copyright, you, or your agent, may request removal of those materials (or access to them) from the Site by submitting written notification to our copyright agent designated below. As set forth in the DMCA, the written notice (the "DMCA Notice") must include substantially the following:​

• Your physical or electronic signature.
• Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Website, a representative list of such works.
• Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
• Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).
• A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.
• A statement that the information in the written notice is accurate.
• A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

Our designated copyright agent to receive DMCA Notices is:

​Legal Department
61 W Palisade Ave | Suite 2B
Englewood, New Jersey  07631
privacy@ibynd.com
833-429-6301

If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective. Please be aware that if you knowingly materially misrepresent that material or activity on the Website is infringing your copyright, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.