PLEASE NOTE THAT THESE TERMS CONTAIN DISPUTE RESOLUTION PROVISIONS (SEE SECTION 13) WHICH, WITH CERTAIN LIMITATIONS, REQUIRE THAT (1) CLAIMS YOU BRING AGAINST BALI LIFE BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND (2) YOU WAIVE YOUR RIGHT TO BRING OR PARTICIPATE IN ANY CLASS, GROUP, OR REPRESENTAT
The goods and services we provide, including those accessible via our websites, events, communications (such as emails, phone calls, and texts), and mobile apps (collectively, the “Service”), are subject to these Terms. You are entering into a legally binding agreement with: I BaliLife by accessing or using the Service in accordance with these Terms. Do not access or use the Service if you are unwilling or unable to be bound by the Terms. Click here for additional details about our rules and guidelines for using the Service.
Parties. As a Service user, you are referred to by the terms “you” and “your.” Any person who utilizes the Service in any form is referred to as a “user.” “Bali Life” and its affiliates are referred to as “we,” “us,” and “our.”
Content. Text, graphics, photographs, music, video, and any other types of data and communication are all referred to as “content.” The term “Your Content” refers to information that you post or transmit to, through, or in connection with the Service, such as comments, reviews, invitations, check-ins, votes, friending and following activity, direct messages, and data that you add to your user profile or suggest for a business page. Content that users post or send to, via, or in conjunction with the Service is referred to as “User Content.” The content we produce and make accessible in conjunction with the Service is referred to as “Bali Life Content.” “Third Party Content” refers to content that is made accessible in conjunction with the Service but comes from sources other than Bali Life or its users. All content made accessible in conjunction with the Service, including Your Content, User Content, Bali Life Content, and Third Party Content, is referred to as “Service Content.”
Accounts and Websites. “Consumer Site” refers to the mobile apps and consumer website of Bali Life (www.balilife.com and similar domains). The account you set up to use or access the Consumer Site is referred to as a “Consumer Account.” The account you set up to access or utilize the Bali Life for Business Owners website (balilife.com and associated domains) and mobile apps is referred to as a “Business Account.” Any Consumer Account or Business Account is considered a “Account.”
REVISIONS TO THE TERMS
Periodically, we could change the Terms. The Terms will always be found here in their most recent iteration. You recognize and acknowledge that the Terms in force at the time of your access or use of the Service govern your use of the Service. Before the changes take effect, we will send you an email, publish a notice on the Service, or use another mechanism to let you know if there are any significant changes. The date on which such modifications were most recently made will also be noted at the top of this page. These Terms should be reviewed often since any changes will be binding on you. You acknowledge and agree that by using the Service or continuing to use it after the Terms have changed, you are indicating your acceptance of such changes.
For your convenience, we may translate these Terms into different languages. Any discrepancies between the various translations shall, however, be addressed in favor of the English version accessible here, which regulates your relationship with Bali Life.
THE SERVICE IS USED
Eligibility. You must possess the necessary capacity and authorization to engage into these Terms in order to access or use the Service. If Bali Life is a competitor of yours, or if we have previously barred you from using the Service or cancelled your Account, you are not permitted to access or use the Service.
Allowance to Use the Service. In accordance with these Terms, we now authorize you to use the Service. You use the Service at your own risk, including the risk of being exposed to offensive, indecent, inaccurate, objectionable, or incomplete content or content that is unsuitable or without sufficient notice about possible dangers or hazards.
Service Availability. Without warning or responsibility, the Service may be changed, updated, interrupted, suspended, or stopped at any moment.
Accounts. To access any of the services provided by the Service, you must first register an Account and provide some personal data. You are in charge of protecting the secrecy of your account password. Additionally, you bear responsibility for any actions taken in connection with your Account. You commit to let us know right away if your account is ever used without your permission. Your Consumer Account is for your personal, non-commercial use only; you are not permitted to create or use a Consumer Account on behalf of anyone other than yourself. We retain the right to delete your Account at any time and for any reason (without providing a refund). In order to increase your reputation as a contributor to the Service, we require that when establishing an Account, you give full and accurate information about yourself. Without Bali Life’s previous consent, you are not permitted to use a false identity, give an email address that is not your own, open more than one Account, or transfer your Consumer Account to someone else.
messages from Bali Life and other sources. By using the Service, you agree to receive communications from Bali Life and other users by email, push notifications, text messages (including SMS and MMS), phone calls, and other online or offline channels. These messages may be from Bali Life, companies listed on Balilife.com, or other users and may promote Bali Life or companies listed on Balilife.com. Furthermore, you are aware that certain communications, such phone calls or SMS messages, may be sent through an automated telephone dialing system and that your phone carrier may charge you for these. You promise to let us know right away if the phone number(s) you’ve given us changes or gets disconnected. Please be aware that any phone conversations you make to Bali Life or via the Service may be monitored and recorded for quality assurance reasons.
Certain messages may be opted out of here.
Taking Charge of Your Content. Once it has been published on Bali Life, Your Content is solely your responsibility and is always revocable. You are responsible for any risks connected to Your Content, including those related to anyone relying on its validity, completeness, or dependability as well as any risks connected to the hazards of disclosing personal information. You guarantee that Your Content may be used as outlined in this Agreement only if you own it or have obtained all relevant rights. You may not give the impression that Bali Life is endorsing or sponsoring Your Content in any manner.
You may be held accountable if, for instance, Your Content contains information that is untrue, purposefully misleading, or defamatory; violates a third party’s rights, such as copyright, trademark, service mark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; contains illegal information, such as hate speech or pornography; takes advantage of or otherwise harms minors; or violates any of the aforementioned conditions.
Ownership. You own Your Content, as between you and Bali Life. The Bali Life Content is our property, and it excludes Your Content, User Content, and Third Party Content. It includes visual interfaces, interactive features, graphics, design, compilation (including, but not limited to, our selection, coordination, aggregation, and arrangement of User Content and other Service Content), computer code, products, software, aggregate star ratings, and all other elements and components of the Service. Additionally, the Bali Life Content and the Service are covered by copyright, trade dress, patent, trademark, and trade secret laws, in addition to all other applicable intellectual and proprietary rights and laws. We are the owners of all copyrights, trademarks, service marks, trade names, trade secrets, and other intellectual and proprietary rights throughout the world. Therefore, unless as specifically permitted by us, you may not sell, license, copy, publish, edit, reproduce, distribute, create derivative works or adaptations of, publicly display, use, or otherwise exploit any Bali Life Content, in whole or in part. We do not give you any explicit or implied rights, and we maintain all ownership rights in and to the Service and the Bali Life Content, except as clearly and unambiguously granted above.
Advertising. Bali Life and its licensees have the right to openly display sponsored content, advertising, and other material next to or in connection with Your Content. You are not due any payment for these adverts. Such advertising may vary in style, scope, and frequency without prior notification to you.
Other: User Content does not necessarily represent the views of Bali Life (including any that may have been produced by users hired or engaged by Bali Life). We are under no duty to keep or provide you copies of Your Content, and we do not offer any confidentiality about Your Content, unless otherwise required by law. Without giving you prior warning and for any reason, we have the right to delete, filter, modify, or restore User Content. For instance, if we think a review goes against our Content Guidelines, we may delete it. Consumers should ask local businesses about any licenses they may have, unless they are part of Bali Life’s Verified License program. Bali Life makes no effort to verify any licenses a company or its personnel may have. A “Verified License” symbol will be shown on the Bali Life business page of organizations whose licenses have been confirmed by Bali Life.
TRANSACTING AND BOOKING
Bookings made on Bali Life will not be handled by Bali Life.
WARRANTIES AND REPRESENTATIONS
The Terms are not subject to our responsibility to enforce them against another user on your behalf. Even while we urge you to inform us if you think another user has broken the Terms, we retain the right to look into it and take necessary action at our sole discretion.
You certify and signify that you have read and comprehended our content guidelines as well as our privacy statement. You agree that if you use the Service outside of the United States of America, your personal data may be transferred to and processed there; and
You have read and agree to our Event Terms and Conditions prior to attending any event featured on the Service.
You further affirm and promise that you will not use the Service in any of the following ways, including but not limited to: Posting any false or defamatory reviews, exchanging reviews with other users, paying or receiving payment for someone to post, refrain from posting, or remove a review; violating our terms, including the content guidelines and event terms and conditions;
violate the rights of any third party, including any right to confidentiality, copyright, trademark, patent, trade secret, moral right, privacy right, or other proprietary or intellectual right;
advocate hatred or discrimination, or hurt, stalk, or threaten others;
Use the Service to advertise a company, other commercial endeavor, event, or in any other way make money, unless you are doing so in conjunction with a Business Account and in compliance with the Business Terms;
Send out mass emails, surveys, or other types of mass communication, whether or not they are commercial in nature; use keyword spamming or other manipulative tactics to try and influence search results on the Service, review recommendation software (as defined in the business terms below), or any other third-party website;
soliciting personal information from children, or posting or sending porn;
violate any relevant laws;
without Bali Life’s explicit permission, alter, adapt, appropriate, reproduce, distribute, translate, make derivative works or adaptations of, publicly display, sell, trade, or otherwise commercially exploit the Service or Service Content (other than Your Content);
Except as specifically allowed by Bali Life, you may not access, retrieve, copy, scrape, or index any part of the Service or any Service Content using any robot, spider, service search/retrieval program, or other automated device, method, or means.
Unless relevant legislation forbids this limitation, in which case you undertake to provide us 30 days’ prior written notice here, reverse engineer any part of the Service;
Any copyright, trademark, or other proprietary rights notice that is displayed on any area of the service or on any items that have been printed or copied from the service should be removed or modified;
the gathering, processing, or mining of user data;
access, retrieve, or index any part of the service in order to create or add reviews of businesses to a searchable database;
any part of the service may be reformatted or framed;
Any activity that places an excessive or disproportionately significant strain on Bali Life’s technical infrastructure or otherwise places an excessive amount of traffic demands on the Service;
attempt to use hacking, password mining, or any other method to gain unauthorized access to the Service, Accounts, computer systems, or networks connected to the Service;
Use the service or any service content to spread any malware, spyware, Trojan horses, computer viruses, worms, flaws, or other harmful or destructive software;
Use the Service to breach the security of any computer network, crack passwords, or otherwise harm the Service or Service Content; use the Service to disrupt or interfere with the security of, or otherwise cause harm to, the Service or Service Content; or remove, circumvent, disable, damage, or otherwise interfere with any security-related fea
ADDITIONAL TERMS AND POLICIES
Trademark and copyright disputes. You undertake to inform us of any copyright or trademark infringement issues involving User Content in accordance with our Infringement Policy. You agree that we may send any notice issued in accordance with our Infringement Policy to the user who posted the in question User Content.
Further Terms. All other terms, regulations, rules, or guidelines that we may publish on the service or link to from the service (the “Additional Terms”) will apply to your use of the service. All such Additional Terms are hereby included in and made a part of these Terms by reference. These business terms apply to you if you have a business account.
ADVICE AND IMPROVEMENTS
By sending us any ideas, suggestions, documents, or proposals (“Feedback”), you acknowledge and agree that I we are not obligated to keep the Feedback confidential, expressly or impliedly; (ii) we may have something similar to the Feedback already under consideration or in development; and (iii) we are under no obligation to review, consider, or implement the Feedback or to respond to you.
THIRD-PARTY SERVICES AND CONTENT
Links to other websites or apps are also permitted on the Service (each, a “Third Party Service”). Any Third Party Content or Third Party Service is not under our control or recommendation. You acknowledge that any such Third Party Content or Third Party Services may be available, accurate, or include other materials for which we are not liable. You do so at your own risk while using any Third Party Content or Third Party Services.
Additional third party terms of service, privacy policies, license terms and disclosures, and other terms, conditions, and policies, including without limitation those provided here, may apply to certain of the services made available via the Service and Third Party Services. You are responsible for becoming acquainted with any such relevant third-party agreements.
You consent to hold the Bali Life Entities (collectively, “Bali Life Entities”) harmless from and against any and all third-party claims, actions, demands, losses, damages, costs, liabilities, and expenses (including but not limited to attorneys’ fees and court costs). This includes Bali Life, its parents, subsidiaries, affiliates, any related companies, suppliers, licensors, and partners, as well as the officers, directors, employees, agents, contractors, and representatives of each of them. Bali Life maintains the right to take exclusive control and responsibility for the defense of any issue for which you are obligated to indemnify us, at your cost, and you agree to assist us in the defense of these claims. You acknowledge that you must get Bali Life’s prior written approval before resolving any such dispute. When Bali LIfe learns of any such claim, action, or proceeding, we shall make a reasonable attempt to let you know about it.
PLEASE READ THIS SECTION CAREFULLY AS IT LIMITS THE LIABILITY OF THE BALI LIFE ENTITIES TO YOU. DISCLAIMERS AND LIMITATIONS OF LIABILITY ONLY THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW APPLIES TO EACH OF THE SUBSECTIONS BELOW. Nothing in this document is meant to limit any rights you may have that aren’t already legally limited. YOU REPRESENT THAT YOU HAVE read, understood, and agree to these terms, including this section, by accessing or using the service. BY AGREEING TO THESE TERMS, YOU ARE RENDERING A SUBTLE AMOUNT OF LEGAL RIGHTS.
THE BALI LIFE ENTITIES MAY NOT MONITOR, CONTROL, OR VET USER CONTENT OR THIRD PARTY CONTENT AND MAKE THE SERVICE AND SERVICE CONTENT AVAILABLE TO YOU “AS IS,” “WITH ALL FAULTS,” AND “AS AVAILABLE.” As a result, YOU USE THE SERVICE AT YOUR OWN RISK AND DISCRETION. NO CLAIMS OR PROMISES ARE MADE BY THE BALI LIFE ENTITIES REGARDING THE SERVICE’S QUALITY, COMPLETENESS, ACCURACY OR RELIABILITY, SAFETY OR SECURITY, INCLUDING WITHOUT LIMITATION THE SECURITY OF YOUR DATA, OR THE SERVICE CONTENT. As a result, THE Bali Life ENTITIES SHALL NOT BE LIABLE TO YOU FOR ANY PERSONAL INJURY, LOSS OR DAMAGE THAT MAY RESULT, FOR IMPLEMENTATION ONLY, FROM THE SERVICE’S UNAVAILABILITY, DEPLETION OF BATTERY POWER OR OTHER IMPAIRMENT OF DEVICES USED TO ACCESS THE SERVICE, SERVICE UNAVAILABILITY, SECURITY VULNERABILITIES OR FROM YOUR RELIANCE ON
THE BALI LIFE ENTITIES MAKE NO CLAIMS OR PROMISES WITH RESPECT TO ANY THIRD PARTY, INCLUDING ANY COMPANIES OR ADVERTISERS LISTED ON THE SERVICE OR WHO OFFER GOODS OR SERVICES THROUGH THE SERVICE, OR THE USERS OF THE SERVICE. Because of this, THE BALI LIFE ENTITIES ARE NOT RESPONSIBLE TO YOU FOR ANY PERSONAL INJURY, LOSS, OR DAMAGE THAT MAY RESULT FROM ANY SUCH THIRD PARTY’S ACTIONS OR OMISSIONS, FOR INCLUDING, FOR EXAMPLE, IF ANOTHER USER OR BUSINESS MISDELIVERS YOUR CONTENT, IDENTITY, OR PERSONAL INFORMATION, OR IF YOU HAVE A UN You do so at your own discretion and risk when using any products or services offered by third parties via the service.
Your termination and discontinuation of access to or use of the service will be your SOLE AND EXCLUSIVE RIGHT AND REMEDY IN THE EVENT OF DISSATISFACTION WITH THE SERVICE, RELATED SERVICES, OR ANY OTHER GRIEVANCE.
AMOUNT PAID, IF ANY, BY YOU TO THE BALI LIFE ENTITIES IN CONNECTION WITH THE SERVICE IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY OR $100 IS THE MAXIMUM AGGREGATE LIABILITY OF THE BALI LIFE ENTITIES TO YOU FOR LOSSES OR DAMAGES THAT YOU SUFFER IN CONNECTION WITH THE SERVICE OR THESE TERMS.
The BALI LIFE ENTITIES’ LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW, AND THE BALI LIFE ENTITIES SHALL NOT BE LIABLE FOR ANY I DIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, RELIANCE, OR CONSEQUENTIAL DAMAGES, (ii) LOSS OF PROFITS OR REVENUE, (iii) WHETHER AN ACTION IS BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, THE WAIVERS AND LIMITATIONS SPECIFIED IN THIS SECTION 12 WILL SURVIVE AND APPLY.
DISPUTES, ARBITRATION, AND CHOICE OF LAW
If you live in Canada or the United States:
You and Bali Life agree that each may bring or participate in claims against the other only in our respective individual capacities and not as a plaintiff or class member in any purported class or representative proceeding. ALL CLAIMS, CAUSES OF ACTION, REQUESTS FOR RELIEF, OR DISPUTES BETWEEN YOU AND BALI LIFE (“CLAIMS”) MUST BE RESOLVED BY ARBITRATION ON AN INDIVIDUAL BASIS. A REPRESENTATIVE OR CLASS PROCEEDING MAY NOT BE STARTED OR CONSIDERED BY THE ARBITRATOR, UNLESS BOTH YOU AND BALI LIFE AGREE OTHERWISE, AND THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PEOPLE OR PARTIES WHO MAY BE SIMILARLY SITUATED. You and Bali Life AGREE TO EXPRESSLY WAIVE YOUR RIGHT TO A JURY TRIAL.
Claims that are excluded and those that cannot be arbitrated must be filed in court. Without respect to the conflict of law provisions, California law shall apply to these Terms (to the extent not preempted or inconsistent with federal law), as well as to any such Excluded Claim or Claim that cannot be arbitrated. Any small claims court with jurisdiction over your case may provide relief to either Bali Life or you. The state and federal courts in San Francisco County, California, have exclusive jurisdiction over and venue over all other excluded claims and claims that cannot be resolved through arbitration. You agree to submit to the personal jurisdiction of these courts for the purposes of any such claim’s litigation.
The American Arbitration Association (“AAA”) shall handle the arbitration in accordance with the Consumer Arbitration Rules in force at the time. To learn more, go to www.adr.org. The arbitration might take place in person, online, over the phone, or with the submission of papers. The arbitrator may grant you specific damages, such as declaratory or injunctive relief, just as a court may, but only to the degree necessary to resolve your particular claim.
Bali Life must pay all filing, AAA, and arbitrator’s costs and expenses, unless the arbitrator decides that the arbitration was frivolous or initiated for an inappropriate reason. In any non-frivolous arbitration between you and us, we renounce any right to ask for an award of lawyers’ fees and costs.
These Terms and any dispute that could develop between you and Bali Life shall be governed by Irish law if you are a resident of an EEA or Swiss country.
In addition, you consent to each of these courts’ jurisdiction over any related proceedings and acknowledge that any subpoena, third-party discovery request, or other third-party process directed at Bali Life must originate from or be domesticated by the state or federal courts situated in San Francisco County, California.
By deleting your Account, stopping all access to or use of the Service, and sending Bali Life a notice of termination here, you may terminate the Terms at any time.
For any or no reason, and without prior warning or any other form of liability, we reserve the right to deactivate your Account, restrict your access to certain features of the Service, revoke any license or authorization provided to you herein, and/or permanently bar you from using the Service. You may not be able to access your Account, the Service, Your Content, Service Content, or any other relevant data if you take such a step.
Sections 1, 3, 5, 7–15 of the Terms of Service shall remain in full force and effect even if these Terms are terminated, whether by you or by us.
The Service may be changed, updated, or discontinued at any time, for any reason, and without prior warning or consequence, at our absolute discretion.
Nothing in this document is intended to provide any third party rights or remedies, except expressly provided for in Section 10 above.
The Terms replace all earlier agreements between you and us on this topic and represent the complete understanding between you and us about your use of the Service. Any omission on Bali Life’s behalf to exert or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. The parties understand that no reliance is placed on any representation made but not explicitly expressed in these Terms. Any additional rights under this agreement are not waived by any party’s failure to exercise any of the rights provided for herein in any manner. Except in accordance with a written agreement signed by Bali Life, the Terms may not be waived.
Only that provision of the Terms will be changed to reflect the parties’ intentions or eliminated to the least extent necessary so that the Terms will otherwise remain in full force and effect and enforceable, regardless of whether it is determined by an arbitrator or court of competent jurisdiction to be invalid or unenforceable.
Except with Bali Life’s prior written agreement, you may not assign, transfer, or sublicense the Terms or any rights or obligations herein. However, we may do so without limitation. Any effort by you to assign is against these Terms and is invalid.
You acknowledge that nothing in these Terms or your use of the Service creates an employment, joint venture, partnership, agency, special relationship, or fiduciary relationship between you and Bali Life.
The section headings in the Terms are just for convenience and have no binding or legal significance.
We don’t give any refunds for any of our digital items since they are completely digital and you immediately accept these terms when you make your first purchase on Balilife.com.
The 10% payout will be done 30-60 days after paid for
RELATIONS FOR BUSINESS ACCOUNTS IN ADDITION
In addition to the Terms of Service stated above, the following terms (“Business Terms”) also apply to your access to and use of your Business Account. The Business Terms take precedence over the Terms of Service in the case of any inconsistency. If there is a dispute between the terms of any purchase you made from Bali Life for your company (such as advertising or business tools), the terms of that transaction take precedence. The definitions provided in the Terms of Service apply to capitalized terms used but not specified in these Business Terms. You are accepting these Business Terms and entering into a contract with Bali Life when you create, access, or use your Business Account. If you disagree with these Business Terms, you are not permitted to establish, access, or use a Business Account.
PLEASE READ THESE BUSINESS TERMS CAREFULLY AS THEY LIMIT THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE AND REQUIRE THE USE OF INDIVIDUAL ARBITRATION, NOT TRIAL, TO RESOLVE DISPUTES.
These Business Terms, in their whole, shall remain in full force and effect even if they are terminated, whether by you or by us.
PRESENTATIONS, WARRANTIES, AND REQUIREMENTS
You must agree to the following terms in order to access or use the Services: you will only access or use the Business Site in your capacity as an authorized representative of your Business; you will not use the Convenience Services; and you have the authority to bind any business connected to or claimed through your Business Account (including any related business entity) to the Business Terms. You acknowledge that if we have a good faith opinion that your company is using such terms, we may publicly alert consumers, including by posting a Consumer Alert on the business page for your business.
You hereby represent and warrant that you will not, and will not authorize or induce any other party to: offer incentives of any kind, such as discounts, freebies, refunds, gift cards, contest entries, offers, or deals in exchange for the posting of reviews of your Business, or to prevent or remove reviews; and you hereby understand and acknowledge that Bali Life may publicly alert consumers about such incentives and other attempts to obtain, prevent, or remove reviews through its Consumer Alerts.
Without Bali Life’s prior written approval, you may not: use any Bali Life trademark or service mark in any form; or falsely represent your name or association with Bali Life to anybody.
You are aware and agree that Bali Life enables users to publish information about your company, including images, user ratings, and reviews. You are aware and agree that Bali Life makes use of automated software (referred to as “Recommendation Software”) in an attempt to highlight the most trustworthy and beneficial reviews while giving less prominence to other evaluations. You understand and agree that although Bali Life employs its recommendation software to identify reviews that may be less useful, the recommendation software sometimes fails to recognize or suppresses genuine feedback. You recognize and agree that nothing you buy from Bali Life, including any advertisements or other paid features, will have any effect on the Recommendation Software, provide you the ability to change reviews directly or indirectly, or affect where, when, or how reviews appear on Bali Life.
If you live in the US or Canada solely, the following Sections 2 and 3 apply to you:
LIMITATIONS OF LIABILITY AND DISCLAIMERS
THIS SECTION LIMITS THE LIABILITY OF THE BALI LIFE ENTITIES TO YOU, SO PLEASE READ IT CAREFULLY. The following applies in addition to the disclaimers and liability limitations described in Section 12 of the Terms for the sake of clarity.
Interactive computer services like BALI LIFE are subject to certain liability restrictions under the federal Communications Decency Act (47 U.S. Code 230) due to its posting of third-party content, such as user evaluations. Additionally, if you try to hold Bali Life accountable via legal action, anti-SLAPP rules, such as California’s Cal. Civ. Proc. Code 425.16, may oblige you to pay Bali Life’s legal expenses.
FOR CLARITY, THIS SECTION GOVERNS ANY BUSINESS CLAIM BRINGED BY YOU OR BALI LIFE. ARBITRATION, DISPUTES, AND CHOICE OF LAW. SECTION 13 OF THE TERMS, NOT THIS SECTION, GOVERNS ANY CLAIM NOT SUBJECT TO THIS SECTION.
Each such dispute or claim, a “Business Claim,” arising out of or relating to: (a) these Terms, or the breach thereof; (b) your access to or use of your Business Account Business Site, shall be resolved by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, and judgment on the arbitrator’s award may be entered in any court. Written reasons for the award, including with all factual and legal conclusions used to reach the decision, will be provided by the arbitrator. The award may be vacated or rectified by judicial review by a court of competent jurisdiction under the California Arbitration Act for any such mistake, and the arbitrator will not have the authority to make errors of law. Claims relating to intellectual property (such as copyrights and trademarks) or transgressions of Section 7 of the Terms of Service are referred to as “Excluded Business Claims” (Representations and Warranties).
A single arbitrator will consider business claims. The arbitration shall be conducted in San Francisco, California, and the parties shall have the option of appearing in person, by telephone, or by filing papers. The laws of the State of California shall govern the arbitration. A fair attorney’s fee award should be given to the party that prevails.
Despite the foregoing, you agree to submit to and consent to the personal and exclusive jurisdiction of, and the exclusive venue of, the state and federal courts located in SAN FRANCISCO COUNTY, California, which is the place of performance of these business terms, for any business claim that is not subject to arbitration, including without limitation excluded business claims.
You and Bali Life agree that none of you nor Bali Life shall bring or participate in any business claims against the other except in each party’s individual capacity and not as a plaintiff or class member in any purported class or representative proceeding. A REPRESENTATIVE OR CLASS PROCEEDING MAY NOT BE STARTED OR CONSIDERED BY THE ARBITRATOR, UNLESS BOTH YOU AND BALI LIFE AGREE OTHERWISE, AND THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE BUSINESS CLAIMS OF OTHER PEOPLE OR PARTIES WHO MAY BE SIMILARLY SITUATED. A COURT AND NOT AN ARBITRATOR SHOULD adjudicate a business claim if this section is implicated and this section is found to be invalid, void, or illegal by a court.
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