We are all ears
(and legs).

In terms of our service...

Binway LLC (“Binway”) is a mobile application and online management tool that enables property owners and residents to have more time and freedom to live, work and play. Unless explicitly stated otherwise, any new feature or service that augments or enhances the current services, shall be subject to these Terms of Service (“Terms”).

Terms of Service

By using or visiting any websites and applications owned and/or operated by Binway and any and all services provided to you by Binway (collectively, “Services”), you signify your agreement to (1) these Terms and (2) Binway’s Privacy Policy found at https://www.binway.com/privacy-policy. If you do not agree to any of these Terms or the Privacy Policy, please do not use the Service. The term “you” or “User” refers to a user of the Binway Service. The term “we” refers to Binway.

We reserve the right, in our sole discretion, to change these Terms ("Updated Terms") from time to time. Unless we make a change for legal or administrative reasons, we will provide reasonable advance notice before the Updated Terms become effective. You agree that we may notify you of the Updated Terms by posting them on the Service, and that your use of the Service after the effective date of the Updated Terms (or engaging in such other conduct as we may reasonably specify) constitutes your agreement to the Updated Terms. Therefore, you should review these Terms and any Updated Terms before using the Service. The Updated Terms will be effective as of the time of posting, or such later date as may be specified in the Updated Terms, and will apply to your use of the Service from that point forward. These Terms will govern any disputes arising before the effective date of the Updated Terms.

Eligibility

You must be 18 years of age or older and reside in the United States to use the Service. You represent and warrant that any profile information you submit is true and accurate and that you are 18 years of age or older and are fully able and competent to enter into, and abide by these Terms. The Service is not intended for those under the age of 18. Use of the Service is void where prohibited. Except as otherwise expressly provided in these Terms, the Service is for personal, individual, non-commercial use only and you represent and warrant that you are not using the Service on behalf of any third person or entity.

You may access and use Binway Services only in the United States. We may restrict access to Binway Services from other locations.

The supply of goods, services and software through the Service is subject to United States export control and economic sanctions requirements. By acquiring any such items through the Service, if at all, you represent and warrant that your acquisition comports with and your use of the item will comport with those requirements. Without limiting the foregoing, you may not acquire goods, services or software through the Service if: (1) you are in, under the control of, or a national or resident of any embargoed county, or if you are on the U.S. Treasury Department's Specially Designated Nationals List or the U.S. Commerce Department's Denied Persons List, Unverified List or Entity List or (2) you intend to supply the acquired goods, services or software to any embargoed county (or a national or resident of one of these countries) or to a person on the Specially Designated Nationals List, Denied Persons List, Unverified List or Entity List.

Privacy and your Personal Information

For information about Binway’s privacy and data protection practices, please read Binway’s Privacy Policy, which is hereby incorporated into this Agreement. This policy explains how Binway treats your personal information when you access the Service. The policy may be updated from time to time at our discretion. Changes will be effective upon posting to the site.

The Children’s Online Privacy Protection Act (“COPPA”) requires that online service providers obtain parental consent before they knowingly collect personally identifiable information online from children who are under 13. We do not knowingly collect or solicit personally identifiable information from children under 13; if you are a child under 13, please do not attempt to register for the Services or send any personal information about yourself to us. If we learn we have collected personal information from a child under 13, we will delete that information as quickly as possible. If you believe that a child under 13 may have provided us personal information, please contact us at support@binway.com

Registration

You may browse Binway’s websites and applications and view content without registering, but as a condition to utilizing Services, you may be required to register an account with Binway.  You are responsible for maintaining the confidentiality of your registration. You shall not (i) select or use as your registration a name of another person with the intent to impersonate that person; (ii) use as your registration a name subject to any rights of a person other than you without appropriate authorization; or (iii) use as your registration a name that is otherwise offensive, vulgar or obscene.

You shall be responsible for all uses of your registration, whether or not authorized by you.  You will immediately notify Binway in writing of any unauthorized use of your account, or other account related security breach of which you are aware.  You also agree to: (i) provide true, accurate, current and complete information about yourself as submitted to Binway, and (ii) maintain and promptly update your registration information to keep it true, accurate, current and complete.  If you provide any information that is untrue, inaccurate, not current or incomplete, or Binway has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Binway has the right to immediately suspend or terminate your account and refuse any and all current or future Services in its sole discretion.

We are not liable for any harm caused or related to the theft or misappropriation of your user name or password due to your failure to take reasonable measures, your disclosure of your user name or password, or your authorization of anyone else to use your user name or password.  If you have reason to believe that your account with us is no longer secure, you must promptly change your password and immediately notify us of the problem by contacting us at support@binway.com.

Storage Rules

You are responsible for packing your items into the provided bins, including any necessary bubble wrap and/or padding. Binway is not responsible for broken or cracked items in bins that were not reasonably and carefully packed or otherwise prepared for storage.  Where possible, you should refrain from packing fragile items that are difficult to be safely packed.  Binway disclaims all liability for items that could reasonably call "fragile" such as glassware, dishes, artwork, jewelry, electronics, furniture items made of particleboard, fiberboard, and other boards made from sawdust and wood scraps, and furniture that incorporates (in a tabletop or anywhere else) delicate material that requires special packing, such as marble, acrylic, granite, glass, crystal, formica, or lucite.

Should you be storing any valuable materials, it is recommended you purchase insurance to cover the value of such materials. Binway’s insurance is limited to $2,500 per storage bin, and Binway shall not be liable for any costs or damages beyond its insurance coverage, subject to any other limitations in these Terms.

You are further responsible for knowing and observing applicable laws and ordinances for allowable materials to be stored.  You shall not store any hazardous materials, as they may be defined by any governmental agencies, nor any explosives, guns, flammables, drugs, live specimens, or any other category of items that Binway may ban from time to time.

Binway does not intend to access any of your storage bins after they are sealed.  However, Binway reserves the right to open and inspect any such bin in the event of an emergency, suspected criminal activity, suspected storage of prohibited goods, or upon your default under these Terms. Should Binway receive a search warrant from a governmental agency, we may, without incurring any liability to you, immediately remove your seal from the relevant bin, allow it to be searched, and, if applicable, the contents to be seized.  Should we receive a subpoena, or a law officer or governmental agency requests documents or information about your stored property, you agree that we may provide such information or documents without incurring liability to you.

When booking Services, it is your responsibility to be present when and where agreed to for drop off and pickup of your storage bin. If you miss any such appointment, Binway reserves the right to charge extra fees or otherwise cancel Services.

In order to secure payment, Binway has a lien on all property in your storage bins for outstanding charges, present or future, in relation to the Services.  Binway may enforce the lien by selling such property at a lien sale in accordance with applicable laws and ordinances. Storage Fees.

Binway hereby shall charge the following fees, which are agreed to by you.  Should there be a conflict between the fees listed here and those listed and/or charged on through our websites or applications, the latter shall control.

Monthly Storage Service fee per Crate - $7.50 (Crates), $15.50 (Wardrobes), See pricing for additional details

Return of Subscriber Property - $10.00 flat return fee for final delivery upon termination of agreement, otherwise 1 free swap each month
Swap fees – 1 free every month.
Crate purchase fee (in the event you keep a crate beyond 30 days after receipt) - $25
Missed delivery fee - $20
Sale/Auction administration fee - $100
Delinquent account administration fee (levied on 15th day past due) - $10
Chargeback fee (in the event an erroneous chargeback occurs on a payment you make) - $25
Cancellation fee (after receiving empty crates) - One month worth of service for those crates/wardrobes

Payment Functionality

In order to use the payment functionality of Binway’s application, you must open a "Access API" account provided by Dwolla, Inc. ("Dwolla") and you must accept the Dwolla Terms of Service and Privacy Policy. Any funds held in the Dwolla account are held by Dwolla's financial institution partners as set out in the Dwolla Terms of Service. You authorize Binway to share your identity and account data with Dwolla for the purposes of opening and supporting your Dwolla account, and you are responsible for the accuracy and completeness of that data. You understand that you will access and manage your Dwolla account through Binway’s application, and Dwolla account notifications will be sent by Binway, not Dwolla. Binway will provide customer support for your Dwolla account activity, and can be reached at support@binway.com.

Making Purchases

If you wish to purchase services or register for an account, you will be asked to supply certain information applicable to such transaction, including, without limitation, credit card and other information.  You understand that any such information will be treated by Binway in the manner described in our Privacy Policy.  You agree to pay all charges incurred by you or any users of your account and credit card (or other applicable payment mechanism) at the price(s) in effect when such charges are incurred.  You will also be responsible for paying any applicable taxes relating to your transactions.  In addition to these Terms, your transaction shall be subject to any Additional Terms applicable to such Services.  Registration for accounts or Services may be regulated by certain state, county and city laws or regulations.  You acknowledge that complying with laws is your responsibility, and YOU AGREE NOT TO HOLD US LIABLE FOR YOUR FAILURE TO COMPLY WITH ANY LAW OR OUR FAILURE TO NOTIFY YOU OF, OR PROPERLY APPLY, ANY LAW.  WE WILL COMPLY WITH LAW ENFORCEMENT AND MAY PROVIDE THEM WITH ALL INFORMATION YOU SUBMIT TO US TO ASSIST IN ANYINVESTIGATION OR PROSECUTION THEY MAY CONDUCT.  You represent and warrant that all information you provide, including but not limited to all information concerning your name, address, credit card number, and other identifying information of any nature will be true, complete and correct, and that you will update all information as it changes.  You agree that you will only use credit cards belonging to you or for which you are expressly authorized to use.  You further agree that you will not attempt to conceal your identity by using multiple Internet Protocol (“IP”) addresses or email addresses.  You grant Binway the right to provide any information you submit to third parties for purposes of facilitating the completion of transactions initiated by you or on your behalf.  Verification of information may be required prior to the acknowledgment or completion of any transaction.

Descriptions or images of, or references to, third party products or services on our websites or applications do not imply Binway’s endorsement of such products or services.  We reserve the right, without prior notification, to change such descriptions or references; to honor, or impose conditions on the honoring of, any coupon, coupon code, promotional code or other similar promotions; to bar any user from making any or all Transaction(s); to limit the order quantity on any product or service; and/or to refuse to provide any user with any product or service.  Verification of information applicable to a purchase may be required prior to Binway’s acceptance of any order.  Price and availability of any product or service are subject to change without notice.

If we are unable to verify or authenticate any information you provide during any registration, ordering, purchase, sale, authentication, delivery, payment or remittance process, or any other process, or if we are no longer able to verify or authorize your credit card or bank account information, your account or Services may be cancelled, we may refuse to honor all pending and future purchases made on such credit card accounts and/or on any online accounts associated with such credit card accounts, and you may be prohibited from using our websites or applications.

Charges and Billing.  Our websites or applications may require payment of access fees.  By registering for an account, you hereby authorize Binway to charge your credit card in advance for all applicable fees incurred by you in connection with your chosen Service registration for your account.  You hereby understand and agree that in most cases, Binway will be charging your designated credit card in accordance with the payment schedule of the Service for which you have ordered or registered, but some service fees may accumulate on your credit card account before they are actually charged to your credit card.  You further understand and agree that it is your responsibility to notify Binway of any changes to your credit card or if your credit card has expired, otherwise your access to the Service may be disconnected or interrupted.  You shall additionally be responsible for and shall immediately pay Binway, on demand, any payments that are made to us that are subject to an unjustified, subsequent reversal.  All fees shall be paid in U.S. dollars.

Binway reserves the right to change any fees (which includes but is not limited to, charging a fee for options, upgrades and/or a Service for which Binway does not currently charge a fee) or billing methods at any time. Binway also has the right to collect applicable taxes and impose premium surcharges for some areas of the Service and these surcharges may apply immediately after you register for it.  You may cancel your account or any associated optional or upgraded services therefore at any time, but Binway will not refund any remaining portion of your pre-paid fees and you may be charged an additional cancellation fee.

You agree to pay your account balance on time.  You also agree to pay any taxes, including sales or use taxes, resulting from your any Service.  Amounts not paid when due will be assessed an additional 1.5% (or the highest amount allowed by law, whichever is lower) per month if your payment is more than thirty (30) days past due.  That amount is also due immediately.  You are responsible and liable for any fees, including attorneys’ and collection fees, that Binway may incur in its efforts to collect any remaining balances due from you.  These Terms shall in no way limit any other remedies available to Binway.  You also understand and agree that you will be billed for and will pay any outstanding balances if you cancel your account or your account is terminated.  You must notify Binway of any billing problems or discrepancies within sixty (60) days after they first appear on your credit card account statement.  If you do not notify Binway within sixty (60) days, you waive any right to dispute such problems or discrepancies.

Authorized Entry

With Binway Services, you can enable standard to-door delivery or in-home delivery at eligible addresses.  If you sign up for in-home delivery, you are authorizing Binway and its delivery providers to access your home, apartment, or other location that you designate, for the purposes of delivering your packages.  By authorizing in-home delivering, you are confirming that you have the right to authorize Binway and its delivery providers to access such location. Binway reserves the right to deliver your package in-home for any reason.

Binway Services allows you to have packages securely delivered inside your home.

When a package is delivered to your building, a Binway delivery provider will bring the package to your unit between the hours of Noon and 6:00pm, Monday-Friday.  The delivery provider will knock 3-4 times first, then request to unlock customer's door via a Binway Services Key Fob.  The provider then will unlock your door and announce him/herself.  The provider will not enter the unit, but will simply slide the package just inside the door, then immediately close and lock the door.  No special codes or keys are given to the delivery provider.  Once the delivery is complete and your door is re-locked, you will get a final notification. You do not need to provide any additional information for the delivery provider, such as keypad codes or remote unlock.

Get started by enabling to-door or in-home delivery on the Binway website in the Binway App.  You will then get an email confirming your signup and when the services will begin.  Once enabled, eligible packages will default to in-home delivery for that enabled address. If at any point you want to opt-out of Binway Services, please email support@binway.com.

If access to the door or unit is blocked the provider will leave the package at the front desk (if you live in a multi-unit building), if possible.

Disclaimers.  Binway Services has no responsibility or liability for the following: third party accounts or services; products or software designated for use with Binway Services that Binway does not manufacture or develop; any guests or service providers to whom you provide authorization to operate your lock. BINWAY SHALL IN NO EVENT BE RESPONSIBLE OR LIABLE FOR DAMAGE INCURRED TO YOUR PACKAGES OR YOUR HOME AS A RESULT OF BLOCKED ACCESS, DANGEROUS CONDITIONS,CONCEALED / HIDDEN / OBSCURE OBJECTS / CONDITIONS, OR ANY OTHER CONDITION OR ACTION ON YOUR PART WHICH CAUSES SUCH DAMAGE.

Binway and Third Party Links

In connection with the Services, the Service may provide links to other web sites belonging to third parties. Binway does not endorse, warrant or guarantee the products or services available through these third parties and Binway is not an agent or broker or otherwise responsible for the activities or policies of those web sites. When you access third party websites or use third party services, you accept that there are risks in doing so, and that Binway is not responsible for such risks. We encourage you to be aware when you leave the Services and to read the terms and conditions and privacy policy of each third party website or service that you visit or utilize.

Binway has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any third party websites or by any third party that you interact with through the Services. In addition, Binway will not and cannot monitor, verify, censor or edit the content of any third party site or service. By using the Services, you release and hold us harmless from any and all liability arising from your use of any third party website or service.

Your Use of the Service

Your right to access and use the Service is personal to you and is not transferable by you to any other person or entity. You are only entitled to access and use our Service for lawful, internal, and non-commercial purposes.

Accurate records enable Binway to provide the Service to you. In order for the Service to function effectively, you must also keep your contact information up to date and accurate. If you do not do this, the accuracy and effectiveness of the Service to you will be affected.

Your access and use of the Service may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance or repair of the Service or other actions that Binway, in its sole discretion, may elect to take.

You agree that Binway may use your feedback, suggestions, or ideas in any way, including in future modifications of the Service, other products or services, advertising or marketing materials. You grant Binway a perpetual, worldwide, fully transferable, sublicensable, irrevocable, fully paid-up, royalty free license to use the feedback you provide to Binway in any way.

You represent, warrant, and agree that you will not contribute any content or otherwise use the Services or interact with the Services in a manner that:

(a) Infringes or violates the intellectual property rights or any other rights of anyone else (including Binway);
(b) Violates any law or regulation;
(c) Is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable;
(d) Jeopardizes the security of your Binway account or anyone else’s (such as allowing someone else to log in to the Services as you);(e) Attempts, in any manner, to obtain the password, account, or other security information from any other user;
(f) Violates the security of any computer network, or cracks any passwords or security encryption codes;
(g) Runs Maillist, Listserv, any form of auto-responder or “spam” on the Services, or any processes that run or are activated while you are not logged into the Services, or that otherwise interfere with the proper working of the Services (including by placing an unreasonable load on the Services’ infrastructure);
(h) “Crawls,” “scrapes,” or “spiders” any page, data, or portion of or relating to the Services or Content (through use of manual or automated means);
(i) Copies or stores any significant portion of the Content;
(j) Decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to the Services.
A violation of any of the foregoing is grounds for termination of your right to use or access the Services.

Binway’s Intellectual Property Rights

The contents of the Service, including its “look and feel” (e.g., text, graphics, images, logos and button icons), photographs, editorial content, notices, software (including html-based computer programs) and other material are protected under both United States and other applicable copyright, trademark and other laws. The contents of the Service belong or are licensed to Binway or its software or content suppliers. Binway grants you the right to view and use the Service subject to these terms. You may download or print a copy of information provided in the Service for your personal, internal and non-commercial use only. You agree to not engage in the reproduction, copying, downloading or distribution of any of the contents of the in any form or by any means, including but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of Binway or the other applicable copyright owner. Any distribution, reprint or electronic reproduction of any content from the Service in whole or in part for any other purpose is expressly prohibited without our prior written consent.

Termination.

These Terms shall remain effective until terminated in accordance with its terms.  We reserve the right to immediately terminate these Terms, and/or your access to and use of our websites or applications, at any time and for any reason, with or without cause.  Upon termination of these Terms, your right to use our websites or applications shall immediately cease, and you shall destroy all Materials obtained and all copies thereof.  You agree that any termination of your access to or use of our websites or applications may be effected without prior notice, and that Binway may immediately deactivate or delete your password and user name, and all related information and files associated with them, and/or bar any further access to such information or files. You agree that Binway shall not be liable to you or any third party for any termination of your access to our websites or applications or to any such information or files, and shall not be required to make such information or files available to you after any such termination.

Violations of these Terms, including unauthorized use of our websites or applications, may be investigated and appropriate legal action may be taken, including without limitation civil, criminal and injunctive redress.  You understand and agree that in Binway’s sole discretion, and without prior notice, Binway may terminate and block your access to our websites, applications, or Services, cancel your account, refuse to honor pending and future Services purchased from all credit card accounts or online accounts Binway believes may be associated with you, or exercise any other remedy available, if Binway believes that your conduct or the conduct of any person with whom Binway believes you act in concert, violates or is inconsistent with these Terms or the law, or violates the rights of Binway or any customer of Binway.

Violating any limitations or terms on our websites or applications will be deemed to be a material violation of these Terms of Use.

You agree that monetary damages may not provide a sufficient remedy to Binway for violations of these Terms and you consent to injunctive or other equitable relief for such violations.You agree that abusive use of our websites or applications, as defined above, causes damage and harm to Binway in the form of, among other things, impaired goodwill, lost sales, and increased expenses associated with responding to abusive uses.  You further agree that monetary damages for abusive use of our website, applications, or Services are difficult to ascertain and that proof of monetary damages for abusive use would be costly and difficult to calculate.  Accordingly, you agree that liquidated damages are warranted for abusive use, and that Binway may at any time add a specific liquidated damages amount to these Terms.

Binway is not required to provide any refund to you if it exercises any of its rights or remedies because you have violated these Terms or any of Binway’s rights.  Additionally, Binway reserves the right, in its sole discretion, to modify, suspend or discontinue any part of our websites or applications at any time, with or without notice to you.  Binway also reserves the right, in its sole discretion, to impose limits on certain features and Services and to restrict access to its websites or applications without notice to you.  Binway shall not be liable to you or any third party for any claim or cause of action arising out of its exercise of the foregoing rights.

Disclaimer of Representations and Warranties

THE CONTENT AND ALL SERVICES AND PRODUCTS ASSOCIATED WITH THE SERVICE OR PROVIDED THROUGH THE SERVICE (WHETHER OR NOT SPONSORED) ARE PROVIDED TO YOU ON AN “AS-IS” AND “AS AVAILABLE” BASIS. BINWAY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE CONTENT OR OPERATION OF THE SERVICE OR OF THE SERVICE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK.

BINWAY MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, RELIABILITY OR COMPLETENESS OF THE CONTENT ON THE SERVICE, AND EXPRESSLY DISCLAIMS ANY WARRANTIES OF NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. BINWAY MAKES NO REPRESENTATION, WARRANTY OR GUARANTEE THAT THE CONTENT THAT MAY BE AVAILABLE THROUGH THE SERVICE IS FREE OF INFECTION FROM ANY VIRUSES OR OTHER CODE OR COMPUTER PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES OR THAT ARE INTENDED TO DAMAGE, SURREPTITIOUSLY INTERCEPT OR EXPROPRIATE ANY SYSTEM, DATA OR PERSONAL INFORMATION.

Limitations on Binway’s Liability

BINWAY SHALL IN NO EVENT BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY THIRD PARTY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, LIQUIDATED OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFIT, REVENUE OR BUSINESS, ARISING IN WHOLE OR IN PART FROM (1) YOUR ACCESS OR INABILITY TO ACCESS THE SERVICE; (2) THE CONDUCT OR ACTIONS, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE SERVICES OR ANY OTHER PERSON OR ENTIT; OR(3) THIS AGREEMENT, EVEN IF BINWAY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, BINWAY’S AGGREGATE LIABILITY TO YOU FOR ANY AND ALL CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID BY YOU OR $500.00 (FIVE HUNDRED UNITED STATES DOLLARS), WHICHEVER IS LESS.  MOREOVER, UNDER NO CIRCUMSTANCES SHALL BINWAY, OUR LICENSORS OR LICENSEES, OR ANY OF THE FOREGOING ENTITIES' RESPECTIVE RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS OR SUPPLIERS, BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM AN ACT OF FORCE MAJEURE OR CAUSES BEYOND OUR OR THEIR REASONABLE CONTROL. WE MAY TERMINATE YOUR FURTHER ACCESS TO THE SERVICES OR CHANGE THE SERVICES OR DELETE CONTENT OR FEATURES IN ANY WAY, AT ANY TIME AND FOR ANY REASON OR NO REASON. THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION AND ELSEWHERE IN THESE TERMS APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

THE SERVICE IS CONTROLLED AND OFFERED BY BINWAY FROM ITS FACILITIES IN THE UNITED STATES OF AMERICA. BINWAY MAKES NO REPRESENTATIONS THAT THE SERVICE IS APPROPRIATE OR AVAILABLE FOR USE IN OTHER LOCATIONS. THOSE WHO ACCESS OR USE THE SERVICE FROM OTHER JURISDICTIONS DO SO AT THEIR OWN VOLITION AND ARE RESPONSIBLE FOR COMPLIANCE WITH THOSE LOCAL LAWS. IN ADDITION, THOSE INDIVIDUALS WHO DECIDE TO ACCESS AND/OR USE THE WEBSITE ARE FULLY RESPONSIBLE FOR COMPLYING WITH THESE TERMS OF USE AND THE PRIVACY POLICY, WHETHER OR NOT THEY HAVE THE ABILITY TO READ AND UNDERSTAND WRITTEN ENGLISH.

Your Indemnification of Binway
You shall defend, indemnify and hold harmless Binway and its officers, directors, shareholders, and employees, from and against all claims and expenses, including but not limited to attorney’s fees, in whole or in part arising out of or attributable to any breach of this Agreement by you.

ARBITRATION CLAUSE & CLASS ACTION WAIVER – IMPORTANT – PLEASE REVIEW AS THIS AFFECTS YOUR LEGAL RIGHTS
Arbitration. YOU AGREE THAT ALL DISPUTES BETWEEN YOU AND US (WHETHER OR NOT SUCH DISPUTE INVOLVES A THIRD PARTY) WITH REGARD TO YOUR RELATIONSHIP WITH US, INCLUDING WITHOUT LIMITATION DISPUTES RELATED TO THESE TERMS OF USE, YOUR USE OF THE SERVICES, AND/OR RIGHTS OF PRIVACY AND/OR PUBLICITY, WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION UNDER THE AMERICAN ARBITRATION ASSOCIATION’S RULES FOR ARBITRATION OF CONSUMER-RELATED DISPUTES AND YOU AND WE HEREBY EXPRESSLY WAIVE TRIAL BY JURY; PROVIDED, HOWEVER, THAT TO THE EXTENT THAT YOU HAVE IN ANY MANNER VIOLATED OR THREATENED TO VIOLATE OUR INTELLECTUAL PROPERTY RIGHTS, WE MAY SEEK INJUNCTIVE OR OTHER APPROPRIATE RELIEF IN ANY STATE OR FEDERAL COURT IN THE STATE OF ILLINOIS. DISCOVERY AND RIGHTS TO APPEAL IN ARBITRATION ARE GENERALLY MORE LIMITED THAN IN A LAWSUIT, AND OTHER RIGHTS THAT YOU AND WE WOULD HAVE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION. As an alternative, you may bring your claim in your local “small claims” court, if permitted by that small claims court’s rules and if within such court’s jurisdiction, unless such action is transferred, removed or appealed to a different court. You may bring claims only on your own behalf. Neither you nor we will participate in a class action or class-wide arbitration for any claims covered by this agreement to arbitrate. YOU ARE GIVING UP YOUR RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM YOU MAY HAVE AGAINST US INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS. You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person’s account, if we are a party to the proceeding. This dispute resolution provision will be governed by the Federal Arbitration Act and not by any state law concerning arbitration. In the event the American Arbitration Association is unwilling or unable to set a hearing date within one hundred and sixty (160) days of filing the case, then either we or you can elect to have the arbitration administered instead by the Judicial Arbitration and Mediation Services. Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies or awards that conflict with these Terms. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to or connected with the use of the Services or these Terms must be filed within one (1) year after such claim of action arose or be forever banned.  You understand that, in return for agreement to this provision, Binway is able to offer the Service at the terms designated, with little or no charge to you, and that your assent to this provision is an indispensable consideration to this Agreement.

Severability. If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in this Arbitration section will be null and void. This arbitration agreement will survive the termination of your relationship with us.

Governing Law and Forum for Disputes

This Agreement, and your relationship with Binway under this Agreement, shall be governed by the laws of the State of Illinois in the United States of America without regard to its conflict or choice of laws provisions.

You also acknowledge and understand that, with respect to any dispute with Binway, its officers, directors, employees, agents or affiliates, arising out of or relating to your use of the Service or this Agreement:
YOU ARE GIVING UP YOUR RIGHT TO HAVE A TRIAL BY JURY; and
YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING ANY SUCH DISPUTE.

Miscellaneous

If any portion of this Agreement is deemed unlawful, void or unenforceable by any arbitrator or court of competent jurisdiction, this Agreement as a whole shall not be deemed unlawful, void or unenforceable, but only that portion of this Agreement that is unlawful, void or unenforceable shall be stricken from this Agreement.

You agree that if Binway does not exercise or enforce any legal right or remedy which is contained in the Agreement (or which Binway has the benefit of under any applicable law), this will not be taken to be a formal waiver of Binway’s rights and that those rights or remedies will still be available to Binway.

All covenants, agreements, representations and warranties made in this Agreement shall survive your acceptance of this Agreement and the termination of this Agreement.

QUESTIONS OR COMMENTS ABOUT OUR TERMS, PRIVACY POLICY, OR OTHER ASPECTS OF THE SERVICE CAN BE DIRECTED TO SUPPORT@BINWAY.COM

Effective June 12, 2018

COPYRIGHT© BINWAY LLC ALL RIGHTS RESERVED.