BAYAN TERMS OF USE

Welcome to bayanclaremont.org and bayanonline.org, which are owned and operated by Bayan, Inc.  (referred to as “BAYAN,” “the Institute,” “We,” or “Us”) of Claremont, California in the United States of America.

The following terms and conditions (“Terms of Use” or “Terms”), govern your access or use of any online service location (e.g., bayanclaremont.org, bayanonline.org and all related digital properties) that posts a link to these Terms (“Sites” and “Apps”). It also applies to your use of all features, subscriptions, widgets, plug-ins, applications, content, downloads and/or other services that we own and control and make available through a website or application, and/or that post or link to these Terms (collectively, with the Sites and Apps, the “Service”), regardless of how you access or use it, whether via computer, mobile device or otherwise.

 

ACCEPTANCE OF THE TERMS OF USE

By using the Service, you accept these Terms of Use and the term and conditions of our Privacy Policy.

Please read the Terms of Use carefully before you start to use the Service. By using the Service or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Service.

 

CHILDREN’S PRIVACY AND USE OF OUR SERVICE

Our Service is not intended for nor targeted toward children under the age of thirteen (13). We do not knowingly collect personal information as defined by the United States Children’s Online Privacy Protection Act (“COPPA”) from children under the age of thirteen (13), and if we learn that we have collected such information, we will delete the information in accordance with COPPA. If you are a child under the age of thirteen (13), you are not permitted to use the Service and should not send any information about yourself to us through the Service. If you are a parent or guardian and believe we have collected information in a manner not permitted by COPPA, please contact us via email at info@bayanclaremont.org

Any California residents under the age of eighteen (18) who have registered to use the Service, and who posted content or information on the Service, can request removal by contacting BAYAN here or by sending a written request to:

 

Bayan Claremont
1325 N. College Avenue
Claremont, California 91711

info@bayanclaremont.org

 

When you contact us detailing where the content or information is posted and attesting that you posted it. BAYAN will then make reasonable good faith efforts to remove the post from prospective public view or anonymize it so the minor cannot be individually identified to the extent required by applicable law. This removal process cannot ensure complete or comprehensive removal. For instance, third-parties may have republished or archived content by search engines and others that BAYAN does not control.

The Service is offered and available to users who are 13 years of age or older. By using this Service, you represent and warrant that you are of legal age to form a binding contract with BAYAN and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Service

 

CHANGES TO THE TERMS OF USE

BAYAN may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Service thereafter. However, any changes to the dispute resolution provisions set forth in Governing Law and Jurisdiction will not apply to any disputes for which the parties have actual notice on or prior to the date the change is posted on the Service, which may also be found at all times by visiting bayanclaremont.org/terms.

Your continued use of the Service following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

 

ACCESS AND SECURITY

BAYAN reserves the right to withdraw or amend this Service, and any service or material we provide through the Service, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Service is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Service, or the entire Service, to users.

You are responsible for:

  1. Making all arrangements necessary for you to have access to the Service.
  2. Ensuring that all persons who access the Service through your internet connection are aware of these Terms of Use and comply with them.
  3. To access the Service or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Service that all the information you provide on the Service is correct, current and complete. You agree that all information you provide to register with this Service or otherwise, including but not limited to the use of any interactive or social features of the Service, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
  4. If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Service or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

 

BAYAN has the right to provide user billing, account, content or use records, and related information under certain circumstances (such as in response to legal responsibility, lawful process, orders, subpoenas or warrants, or to protect our rights, customers or business).  BAYAN reserves the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

 

INTELLECTUAL PROPERTY RIGHTS

The Service and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by BAYAN, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

These Terms of Use permit you to use the Service for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Service, except as follows:

You may store files that are automatically cached by your browser for display enhancement purposes. If we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications. If we provide social media features with certain content, you make take such actions as are enabled by such features.

You must not:

  1. Modify copies of any materials from the Service.
  2. Use any illustrations, photographs, video or audio sequences or any graphics without prior written permission from BAYAN.
  3. Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from the Service
  4. You must not access or use for any commercial purposes any part of the Service or any services or materials available through the Service.

If you wish to make any use of material on the Service other than that set out in this section, please address your request to info@bayanclaremont.org.

If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Service breach of the Terms of Use, your right to use the Service will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Service or any content on the Service is transferred to you, and all rights not expressly granted are reserved by the Institute. Any use of the Service not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.

 

PAYMENTS AND BAYAN SERVICES

All donations must be made from a payment source on which you are the named Account holder. We currently only accept payments made by a major credit card (i.e., VISA, MasterCard, DISCOVER or American Express) or through PayPal.

The Institute may use third party electronic payment processors and/or financial institutions (collectively, “ESPs”) to process financial transactions. You irrevocably authorize us, as necessary, to instruct such ESPs to handle such transaction and you irrevocably agree that Institute may share your personal information, including information about your financial accounts, with such ESPs for this purpose and give such instructions on your behalf in accordance with your requests as submitted on the Service. You agree to be bound by the terms and conditions of use of each applicable ESP and in the event of a conflict between these Terms and the ESP’s terms and conditions, then these Terms shall prevail.

 

TRADEMARKS

BAYAN, and all related names, logos, product and service names, designs and slogans are trademarks of the Institute or its affiliates or licensors. You must not use such marks without the prior written permission of the Institute. All other names, logos, product and service names, designs and slogans on this Service are the trademarks of their respective owners.

 

PROHIBITED AND UNLAWFUL USE OF THE SERVICE

You may use the Service only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Service:

  1. In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the United States of America or other countries).
  2. For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
  3. To send, knowingly receive, upload, download, use or re-use any material that does not comply with the Content Standards set out in these Terms of Use.
  4. To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail,” “chain letter,” “spam” or any other similar solicitation.
  5. To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Service, or which, as determined by us, may harm the Institute or users of the Service or expose them to liability.

Additionally, you agree not to:

  1. Use the Service in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Service, including their ability to engage in real time activities through the Service.
  2. Use any robot, spider or other automatic device, process or means to access the Service for any purpose, including monitoring or copying any of the material on the Service. This includes the prohibited use of any automated scripts to unlock accounts or scrape the Service.
  3. Use any manual process to monitor or copy any of the material on the Service or for any other unauthorized purpose without our prior written consent.
  4. Use any device, software or routine that interferes with proper functionality of the Service.
  5. Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
  6. Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Service, the server on which the Service is stored, or any server, computer or database connected to the Service.
  7. Attack the Service via a denial-of-service attack or a distributed denial-of-service attack.
  8. Otherwise attempt to interfere with Service functionality.

If you observe any user of the Service to be in violation of any of these prohibited uses, please let us know by clicking here.

 

USER CONTENT

Parts of our Service may permit you to submit reviews, newsfeeds, articles, ideas, photographs, user profiles, writings, music, video, audio recordings, computer graphics, pictures, data, questions, comments, suggestions or other content, including Personal Information for public availability (collectively, “User Content”),in association with your BAYAN account.

Any User Content you post or otherwise share within the Service, including but not limited to content you add to your account or other user accounts or in one-on-one messages with other users or persons, will be considered non-confidential and non-proprietary. By providing any User Content on the Service, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns a perpetual, irrevocable, worldwide, paid-up, non-exclusive license and right, including the right to sublicense to third parties, to use, reproduce, fix, adapt, modify, translate, reformat, create derivative works from, publish, sell, license, sublicense, transfer, rent, lease, transmit, publicly perform, publicly display, distribute, or provide access to electronically broadcast, display, perform, enter into computer memory; and the right to use and practice such User Content online or offline in any media or format (currently existing or hereinafter developed) as well as modified and derivative works thereof for any purpose, and may or may not attribute it to you.

Please keep in mind that if you share User Content, others have the ability to access and share it with third parties. BAYAN is not responsible for the privacy, security, accuracy, use, or misuse of any User Content that you disclose or receive from third parties via our Service.

All User Content must comply with the Content Standards set out in these Terms of Use. In sharing or posting any User Content, you represent and warrant that:

  1. You own or control all rights in and to the User Content and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns.
  2. All of your User Content does and will comply with these Terms of Use.
  3. You understand and acknowledge that you bear full responsibility for any User Content you submit or contribute, and you, not the Institute, have full responsibility for such content, including its legality, reliability, accuracy and appropriateness.
  4. We are not responsible, or liable to any third party, for the content or accuracy of any User Content posted by you or any other user of the Service.

 

MONITORING, ENFORCEMENT & TERMINATION

BAYAN has the right to take any of these actions at its sole discretion and with or without notice to you or any other user or party:

  1. Remove or refuse to post any User Content for any or no reason in our sole discretion.
  2. Take any action with respect to any User Content that we deem necessary or appropriate in our sole discretion, including if we believe that such User Content violates the Terms of Use, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Service or the public, or could create liability for the Institute.
  3. Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
  4. Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Service.
  5. Terminate or suspend your access to all or part of the Service for any or no reason, with or without notice, including without limitation, any violation of these Terms of Use. You agree that BAYAN shall not be liable to you or any third party for any such suspension or termination.
  6. Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Service.

YOU WAIVE AND HOLD HARMLESS THE Institute AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE Institute/ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER THE Institute/SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

You understand and acknowledge that BAYAN does not review all material, including but not limited to User Content or content provided by third parties, before it is posted on the Service, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. BAYAN shall assume no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

 

BAYAN CONTENT STANDARDS 

These content standards apply to any and all User Content and use of all Interactive Services including, but not limited to, any social media features of the Service. User Content must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Content must not:

  1. Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.
  2. Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, gender identity, sexual orientation, age, or any other protected class.
  3. Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person.
  4. Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy.
  5. Be likely to deceive any person.
  6. Promote any illegal activity, or advocate, promote or assist any unlawful act.
  7. Cause annoyance, inconvenience or needless anxiety or be likely to upset, harass, embarrass, alarm or annoy any other person.
  8. Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
  9. Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, bartering, advertising, or promotion of any commercial product/service.
  10. Solicit donations, funds, contributions, or monies.
  11. Give the impression that they emanate from or are endorsed by BAYAN, without the express written permission of the Institute or any other person or entity, if this is not the case.
  12. Share any information or content that includes any personally identifiable information (“PII”) including, but not limited, driver’s license numbers, social security numbers, passport numbers, bank account information, credit/debit card information, security codes, password/passcodes, addresses, telephone numbers, education records, personal health record, credit reporting, financial documents of any kind, and/or any other information that would be reasonably construed as personal or private – whether you are entitled to share the information or not.

If you believe any user of the Service to be in violation of our Content Standards, please let us know by clicking here.

 

USER CONTENT AND COPYRIGHT INFRINGEMENT

If you believe that any User Content violates your copyright, please contact us immediately by email info@bayanclaremont.org or by mail at this address:

 

Bayan Claremont
1325 N. College Avenue
Claremont, California 91711

info@bayanclaremont.org

It is the policy of the Institute to terminate the user accounts of repeat infringers.

 

RELIANCE ON INFORMATION PRESENTED ON THE SERVICE

The information presented on or through the Service is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Service, or by anyone who may be informed of any of its contents.

This Service includes content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Institute, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Institute. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

 

CHANGES TO THE SERVICE & CONTENT 

We may update the content and features on this Service from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Service may be out of date at any given time, and we are under no obligation to update such material.

 

INFORMATION ABOUT YOU AND YOUR USE OF THE SERVICE

All information we collect on this Service is subject to our Privacy Policy. By using the Service, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy which you can view here. California residents may also view our California Privacy Policy here.

 

PREMIUM SERVICE PURCHASES AND OTHER TERMS AND CONDITIONS

All donations to the BAYAN are governed by these Terms of Use. Additional terms and conditions may also apply to specific portions, services or features of the Service. All such additional terms and conditions are hereby incorporated by this reference into these Terms of Use.

 

LINKING TO THE SERVICE AND SOCIAL MEDIA FUNCTIONALITY

You may link to our Service or any applicable component thereof (e.g. bayanclaremont.org, bayanonline.org), provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent.

This Service may provide certain social media features that enable you to:

  1. Link from your own or certain third-party Services to certain content on this Service.
  2. Send e-mails or other communications with certain content, or links to certain content, on this Service.
  3. Cause limited portions of content on this Service to be displayed or appear to be displayed on your own or certain third-party websites or services.
  4. You may use these features solely as they are provided by us, and solely with respect to the content they are displayed with and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:
  5. Establish a link from any Service that is not owned by you.
  6. Cause the Service or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other website or digital platform. Otherwise take any action with respect to the materials on this Service that is inconsistent with any other provision of these Terms of Use.
  7. The Service from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in these Terms of Use. You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.

BAYAN may disable all or any social media features and any links at any time without notice in its sole discretion.

 

LINKS FROM OUR SERVICE TO THIRD PARTY WEBSITES AND SERVICES

If the Service contains links to other sites and resources provided by third parties such as websites, landing pages, applications, etc., these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party sites or services linked to this Service, you do so entirely at your own risk and subject to the terms and conditions of use for such Services.

 

GEOGRAPHIC RESTRICTIONS & INTERNATIONAL USE 

BAYAN servers and operations are based in the United States of America. We make no claims that the Service or any of its content is accessible or appropriate outside of the United States. Access to the Service may not be legal by certain persons or in certain countries. If you access the Service from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

 

DISCLAIMER OF ANY AND ALL WARRANTIES 

You understand that we cannot and do not guarantee or warrant that files, content, applications, etc. available for downloading from the internet or the Service will be free of viruses or other destructive code. You are solely responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Service for any reconstruction of any lost data.

YOUR USE OF THE SERVICE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICE IS AT YOUR OWN RISK. THE SERVICE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE Institute NOR ANY PERSON ASSOCIATED WITH THE Institute MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SERVICE. WITHOUT LIMITING THE FOREGOING, NEITHER THE Institute NOR ANYONE ASSOCIATED WITH THE Institute REPRESENTS OR WARRANTS THAT THE SERVICE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SERVICE OR THE SERVERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SERVICE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

BAYAN HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR ANY PARTICULAR PURPOSE AS IT RELATES TO ANY PORTION OF THE SERVICE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

 

LIMITATION OF LIABILITY

IN NO EVENT SHALL BAYAN, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, CONTRACTORS, CONSULTANTS, AND THEIR OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICE, ANY SERVICES LINKED TO IT, ANY CONTENT ON THE SERVICE OR SUCH OTHER SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICE OR SUCH OTHER SERVICES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE OR BAYAN IS MADE AWARE OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION ON LIABILITY INCLUDES, BUT IS NOT LIMITED TO, LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACKS, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, FAILURE OF MECHANICAL OR ELECTRONIC EQUIPMENT OR COMMUNICATION LINES, TELEPHONE OR OTHER INTERCONNECT PROBLEMS (E.G. YOU CANNOT ACCESS YOUR INTERNET SERVICE PROVIDER), UNAUTHORIZED ACCESS, THEFT, OPERATOR ERRORS, STRIKES OR OTHER LABOR PROBLEMS, MOBILE DEVICES, MOBILE APPLICATIONS, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SERVICE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY SERVICE LINKED TO IT, THIRD-PARTY OR OTHERWISE, OR ANY OTHER EVENTS WHATSOEVER.

 

INDEMNIFICATION

You agree to defend, indemnify and hold harmless BAYAN, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, consultants contractors, agents, licensors, suppliers, successors and assignors from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Service, including, but not limited to, your User Content, any use of the Service’s content, services and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Service.

 

DISPUTE RESOLUTION AND GOVERNING LAW 

Binding Arbitration.  Any claims and disputes arising under or relating to your use of the Service, Privacy Policy, and these Terms of Use (except as otherwise provided in PERSONAL INFORMATION TRANSFERRED FROM THE EU AND SWITZERLAND TO THE U.S. section of our Privacy Policy) are to be settled by binding arbitration, exclusively to take place in Los Angeles County, California, U.S.A..  YOU UNDERSTAND THAT ABSENT THIS PROVISION, YOU MAY HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. Any arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”).  For the convenience of the parties, the arbitration may be conducted in person, through the submission of documents or by phone.  The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so.

Federal Arbitration Act. You and BAYAN agree that these terms of use evidence a transaction involving interstate commerce. notwithstanding the provision in the terms of use below with respect to applicable substantive governing law, any arbitration conducted relating to any claims and disputes arising under or relating to your use of the service, privacy policy, and these Terms of Use shall be exclusively governed by the Federal Arbitration Act (9 U.S.C. SECS. 1-16).

Class Action Waiver.  You and BAYAN agree that any arbitration shall be limited to the claims and disputes between BAYAN and you individually.  TO THE FULL EXTENT PERMITTED BY LAW: (A) NO ARBITRATION SHALL BE JOINED WITH ANY OTHER; (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 CLAIMS OR DISPUTES TO BE BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY ON BEHALF OF THE GENERAL PUBLIC OR ANY OTHER MEANS.

Governing Law.  The Service is the property of BAYAN of Claremont, California, U.S.A.. As such, the laws of the State of California, U.S.A. shall exclusively govern these legal notices and any dispute arising, directly or indirectly, from Your use of this site or the BAYAN digital platform, without regard to conflicts of law principles. By using the Service, you and BAYAN agree that the laws of the State of California, U.S.A. shall exclusively govern any claims and disputes between you and BAYAN; including but not limited to any claims or disputes that arise as it relates to our Privacy Policy.

Consent to Jurisdiction & Venue.  Any challenges to the enforceability of binding arbitration, or should arbitration be deemed unenforceable by a final, non-appealable decision by a court of competent jurisdiction, such challenges, claims or disputes shall be exclusively instituted and adjudicated in the United States District Court for the Southern District of California or, if such court does not have subject matter jurisdiction, the courts of the State of California sitting in Los Angeles County only; and any appellate court from any thereof. You and BAYAN irrevocably and unconditionally submit to the exclusive jurisdiction of such courts and agree to bring any such action, litigation, or proceeding exclusively in the United States District Court for the Southern District of California or, if such court does not have subject matter jurisdiction, the courts of the State of California sitting in Los Angeles County only. You and BAYAN agree that a final judgment in any such action, litigation, or proceeding is conclusive and may be enforced in other jurisdictions by suit on the judgment or in any other manner provided by law. Notwithstanding the above, BAYAN retains the right to bring any suit, action or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

 

LIMITATION ON TIME TO FILE CLAIMS

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE SERVICE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

 

WAIVER AND SEVERABILITY

No waiver of by the Institute of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Institute to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

 

ENTIRE AGREEMENT

The Terms of Use and Privacy Policy constitute the sole and entire agreement between you and BAYAN with respect to the Service and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Service.

 

FOR ADDITIONAL INFORMATION

This Service is operated by BAYAN.

All notices of copyright infringement claims and all other feedback, comments, requests for technical support and other communications relating to the Service should be directed here.

Thank you for choosing BAYAN and the Service.