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Terms of Service

Last updated on May 10, 2023.

THESE TERMS OF SERVICE (“AGREEMENT”) ARE A LEGAL AGREEMENT BETWEEN YOU (“YOU”, “YOUR”, OR “CUSTOMER”) AND BNB CALC LLC. (“WE” OR “BNB Calc”), THE OWNER AND OPERATOR OF THE WWW.BNBCalc.COM WEBSITE (THE “SITE”).

THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY.

THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.

THIS AGREEMENT TAKES EFFECT WHEN YOU CLICK THE "Start Trial"/ “Sign In” BUTTONS OR USE THE SERVICE (the "Effective Date"). BY CLICKING ON THE "Start Trial"/ “Sign In” BUTTONS OR USING THE SERVICE, YOU:

  1. ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS TERMS OF SERVICE AND THE PRIVACY NOTICE LOCATED AT BNBCalc.com/privacy;
  2. REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, POWER, AND AUTHORITY TO ENTER INTO THIS AGREEMENT AND, IF ENTERING INTO THIS AGREEMENT FOR AN ORGANIZATION, THAT YOU HAVE THE LEGAL AUTHORITY TO BIND THAT ORGANIZATION; AND
  3. ACCEPT THIS AGREEMENT AND PRIVACY NOTICE AND AGREE THAT YOU ARE LEGALLY BOUND BY THESE TERMS.

THIS AGREEMENT STATES THE TERMS AND CONDITIONS THAT GOVERN YOUR USE OF THE SITE, AND YOUR PURCHASE OF THE SUBSCRIPTIONS AND PRODUCTS SOLD ON THIS SITE. IF YOU DO NOT ACCEPT THIS AGREEMENT, YOU ARE NOT PERMITTED TO, AND YOU MUST NOT, ACCESS OR USE THE SITE OR PURCHASE PRODUCTS FROM, OR SUBSCRIPTIONS TO, THE SITE.

BY PLACING AN ORDER FOR PRODUCTS OR SERVICES FROM THIS WEBSITE, YOU AFFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT. THE SITE IS OFFERED AND AVAILABLE TO USERS WHO ARE 18 YEARS OF AGE OR OLDER, AND RESIDE IN THE UNITED STATES OR ANY OF ITS TERRITORIES OR POSSESSIONS.

1. Changes to Site; Personal Information / Privacy

1.1 Changes to the Site

BNB Calc may add to, change or remove any part of the Site, including, without limitation, any Content (as defined below) therein, at any time without prior notice to you.

1.2 Personal Information

Customers agree to provide accurate, current, and complete information as required for the purchase of “Self-Serve” data products and subscriptions, in which customers purchase online through BNB Calc’s automated platform, and “Non-Self-Serve” data products and subscriptions, in which the Customer contacts or speaks to a representative from BNB Calc, an “Account Manager”, to arrange a bespoke solution. BNB Calc reserves the right to block further sales to Customers who provide false, inaccurate or incomplete data. Customer acknowledges that BNB Calc uses a third-party payment processing service to process orders and bill fees to your credit card.

1.3 Privacy

By using this Site and/or purchasing a product or subscription you consent to the collection, transfer, manipulation, storage, disclosure and other uses of your information as described in detail in our Privacy Policy. Irrespective of which country you reside in or supply information from, you authorize BNB Calc to use your information in the United States and any other country where BNB Calc operates as described herein. By subscribing with a corporate email domain, you authorize BNB Calc to add your company name or logo to our list of customers for use in marketing materials if we so wish. Where relevant local regulation permits, BNB Calc may share your personal data with selected and relevant counter parties. Accordingly, please be sure to read our Privacy Policy before using the Services or submitting information to us.

PLEASE TAKE NOTICE that BNB Calc (and its third-party service providers) automatically collects various types of information about your visits to our Site, registration for a data product or subscription, and/or use of our Services. In addition to the personal information provided by you in connection with your account registration, we may also collect certain additional information by automated means, such as cookies, web beacons, and other automated devices.

We and/or our third-party service providers may employ canvas fingerprinting and other browser fingerprinting techniques that extract and analyze information about your browser, operating system, and installed graphics hardware in conjunction with other user information (e.g. time-zone, language preference, etc.) to help verify your unique identity for fraud prevention purposes and help us continue to improve our Site and Services. We may also use third-party website analytics tools (such as Google Analytics, and Facebook Insights) that collect information about visitor traffic on the Site that help us continue to improve the Site, performance and user experiences.

The types of information we may collect by such automated means include: Information about the devices our visitors use to access the Internet (such as the IP address and the device, browser, domain name and operating system type); URLs that refer visitors to our Site; dates and times of visits to our Sites; information on actions taken on our Site (such as page views and site navigation patterns); a general geographic location (such as country and city) from which a visitor accesses our Site; search terms that visitors use to reach our Site and the webpage that led you to the Site.

BNB Calc gives Customers the opportunity to share their internet calendars (“iCals”) to provide greater personalized insights into their properties. In doing so, Customers agree to an irrevocable transferral of that reservation information to continue to power and improve BNB Calc’s algorithms.

BNB Calc’s Privacy Policy (the “Privacy Policy”) explains how Customers’ personally identifiable information is collected, used and disclosed. You hereby agree that we may use your personal information in accordance with the terms of the Privacy Policy, which is incorporated herein by this reference as though set forth in full.

2. Passwords; Use of Site

2.1 Passwords

At a future time, you may utilize the functionality on the Site that allows you to log in to this Site by using your login credentials for an existing account on various third party websites, which may change from time to time, including, without limitation, Twitter, Facebook and LinkedIn (“Third Party Site Login Credentials”) and, if applicable, configure your privacy settings in your third party website account to permit your activities on this Site to be shared with your contacts in your third party Site account (as further detailed in our Privacy Policy).

Notwithstanding the foregoing, you agree that your use of any third party website through which you log in to this Site using your Third Party Site Login Credentials is governed by the terms and conditions of such third party website’s terms of use and privacy policy, including, without limitation, such third party website’s password and account security policies and user-generated content posting and acceptable use policies.

You are responsible for maintaining the confidentiality of your passwords, and you are responsible for all activities that occur using your passwords or accounts. You agree not to share your passwords, let anyone else access your passwords, or do anything else that might jeopardize the security of your passwords. You agree to notify BNB Calc if there is any unauthorized use of your password on this Site or if you know of any other breach of security in relation to this Site.

2.2 Use of Site; Prohibitions

Subject to your compliance with this Agreement, BNB Calc hereby grants you a limited, personal, revocable, non-transferable, non-sub-licensable, and non-exclusive license to access the Site and use the content, information, text, images, graphics, interfaces, audio and video clips and any other materials displayed on the Site (collectively, the “Content”), solely for your personal, non-commercial use. You may not copy, modify, reproduce, publicly display or perform, distribute, or otherwise use the Content except as expressly set forth in this Agreement. You may not remove any copyright or other proprietary notices from any Content. If you breach any term of this Agreement, your authorization to use the Site and Content automatically terminates without notice to you.

You hereby represent and warrant that you will not, and will not induce any third party to: (a) attempt to disable or circumvent any security mechanisms used by the Site or Content or otherwise attempt to gain unauthorized access to any portion of the Site or Content or any other systems or networks connected to the Site, or to any server of BNB Calc or its third party service providers, by hacking, password “mining”, or any other illegal means; (b) use any “deep-link”, “page-scrape”, “robot”, “spider”, or other automatic device, program, algorithm or methodology, or any comparable manual process, to access, acquire, copy, or monitor any portion of the Site or Content; (c) use any device, software or routine to interrupt or interfere with, or attempt to interrupt or interfere with, the proper operation and working of the Site or with any other person’s use of the Site; (d) track or seek to trace any information on any other person who visits the Site; (e) use the Site or Content for, or in connection with, any illegal purpose, to solicit, facilitate, encourage, condone, or induce any illegal activity, or as otherwise prohibited by this Agreement or applicable laws, rules or regulations; or (f) copy, modify, create a derivative work of, reverse engineer, decompile, or otherwise attempt to extract the source code of any proprietary software used to provide, maintain, or otherwise applicable to the Site or Content.

3.0 Terms of Sale

3.1 Sales of Products and Subscriptions to End Users Only

BNB Calc sells data products and subscriptions in two formats: Self-Serve or Non-Self-Serve. You may not purchase data products or subscriptions for further distribution or resale, or for any other commercial or business purpose, without explicit contractual agreement with BNB Calc. The purchase of data, and the rights and privileges conferred are personal and non-transferable.

3.2 BNB Calc Brand and Trademarks

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

To existing Customers, BNB Calc hereby grants to Customer a limited, non-exclusive, non-sub-licensable and non-transferable license to display the BNB Calc brand features as they appear in any licensed materials made available to Customer hereunder solely in connection with Customer’s use of such licensed materials as permitted under, and in accordance with, these Terms.

3.3 Fees and Payment

BNB Calc will charge, unless explicitly stated otherwise in writing, a recurring monthly minimum amount at the start of the billing cycle. Upon the next billing cycle, BNB Calc will bill for any charges that exceed the minimum amount. The Customer agrees to understand the pricing structure at the inception of the relationship and be responsible for any overage charges, however they are incurred. Failure to settle overage charges promptly will result in the suspension or termination of the service.

3.4 Suspension / Termination by BNB Calc

BNB Calc may immediately terminate all or a portion of Customer’s access to the API or suspend Customer’s access to the Products, without notice, for conduct that BNB Calc believes (a) is illegal, fraudulent, harassing, abusive, or intended to intimidate or threaten; (b) constitutes a violation of any law, regulation, or tariff (including, without limitation, copyright and intellectual property laws); or (c) is a violation of these Terms, or any applicable policies or guidelines, and BNB Calc may refer such use to law enforcement authorities without notice to Customer. In addition, if BNB Calc believes a Customer is using BNB Calc’s data as a springboard to launching a competing product, without express written permission, BNB Calc may terminate the relationship with that Customer.

3.5 Pricing

Pricing for Self-Serve products or subscriptions, as defined in Section 1.2, is data purchased by the Customer online through our automated platform, will be the price displayed on the Site on the date the Customer first signs up and completes the checkout process. Pricing for Non-Self-Serve products or subscriptions, data that has been purchased by the Customer contacting or speaking with an Account Manager to arrange a bespoke solution, will be the price agreed on at the time that the Customer returns the signed Data Agreement to their Account Manager.

3.6 Refund/Cancellation Policy

Portions of BNB Calc’s data are algorithmically determined. Customer and BNB Calc acknowledge and agree that the BNB Calc cannot guarantee the results or effectiveness of any of the services provided through the Site or by BNB Calc. BNB Calc shall conduct its operations and provide its services in a professional manner and in accordance with good industry practice and all federal, state, and local laws. BNB Calc will use its best efforts and does not promise or guarantee results.

BNB Calc’s products are high-value information products. As such, refunds are not ordinarily granted.

3.7 Payment Methods; Automatic Subscription Renewals; and Subscription Cancellation

3.7.1 Payment Methods

For Self-Serve products and subscriptions, BNB Calc accepts credit card payments inputted by the Customer only.

For Non-Self-Serve products and subscriptions, BNB Calc accepts credit card payments, direct transfers and payments made via PayPal. You agree to pay all fees charged to your account based on BNB Calc’s fees, charges, and billing terms in effect as shown on the payment page when you first sign up for a product or subscription to the Site.

Notwithstanding the foregoing, the Customer is responsible for paying any sales and use taxes and shipping and handling fees that may apply to your purchase of products or subscriptions based on the Shipping Address you provide when you sign up online, or return a signed data agreement, and authorizes BNB Calc, or the third party payment processing service provider that we engage, to charge your credit card for any such taxes and fees. All payments shall be made by credit card in advance prior to delivery of the products or subscriptions. If you do not pay on time, or if your credit card cannot be charged for any reason, BNB Calc reserves the right to suspend or terminate your account, product(s) or subscription(s) and terminate these Terms of Service.

BNB Calc and BNB Calc’s third party payment service provider may receive updated credit card information from your credit card issuer. The disbursement of the updated credit card information is provided to BNB Calc and BNB Calc’s third party payment service provider at the election of your credit card issuer.

Neither BNB Calc nor BNB Calc’s third party payment service provider are responsible for the distribution of your credit card information. It is at the sole election of your credit card issuer. Your credit card issuer may give you the right to opt out of the update service. It is your responsibility to contact your credit card issuer with regards to your right to opt out of the update service.

3.7.2 Automatic Monthly Subscription Renewals

Self-Serve subscriptions are automatically renewed based on the subscription period purchased. Monthly subscription renewal fees will be automatically charged to your card on file each month. Annual renewal fees will be automatically charged to your card on file each year. Automatic subscription renewal happens on the anniversary date of the subscription. BNB Calc will charge your credit card with the applicable subscription fee, including any shipping and handling costs and sales or similar taxes that may be imposed on your subscription fee payments. This process is authorized by you by creating an account and demonstrating your consent for these terms during the sign-up process. Automatic renewals will continue until the subscription is canceled.

For Non-Self-Serve subscriptions, this process is authorized by you signing the Data Agreement and returning it to your Account Manager. Each month, until the contracted period ends as stipulated on the Data Agreement, we will charge your credit card with the applicable subscription fee, including any shipping and handling costs and sales or similar taxes that may be imposed on your subscription fee payments.

3.7.3 Subscription Cancellation

For Self-Serve subscriptions, the Customer may cancel their subscription at any time by contacting hello@BNBCalc.com with the email address used to sign up to the Subscription. For Self-Serve subscriptions the Customer can unsubscribe directly online by logging in to their account page. All cancellation requests must be received two working days prior to the renewal date. For monthly subscriptions, cancellation requests received after the monthly anniversary of the month shall take effect the following month. For annual subscriptions, cancellation requests received after the annual anniversary date shall take effect the following year. If you cancel your subscription, you will enjoy your subscription benefits until the end of the then-current subscription term, and your subscription benefits will expire at the end of the then-current subscription term for which you have paid. You will not be eligible for a prorated refund of any portion of the subscription fees paid for any unused days of the then-current subscription term.

For Non-Self-Serve subscriptions, if the Customer cancels before the end of the contracted period, the Customer is liable to pay the outstanding amount, either monthly or in one payment, as stipulated on the contract or Data Agreement signed by the Customer.

4. Proprietary Rights

You acknowledge and agree that BNB Calc or its licensors own all legal right, title, and interest in and to the Site and Content. This includes all intellectual property and other proprietary rights that exist in the Site and Content, whether registered or unregistered, and regardless of where in the world those rights may exist.

5. User Content and Product / Idea Submissions

5.1.1 User Content

The Site may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, and other interactive features (collectively, "Interactive Services") that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, "post") content or materials (collectively, "User Contributions") on or through the Website.

All User Contributions must comply with the Content Standards set out in these Terms of Service.

Any User Contribution you post to the site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Website, you grant us and [our affiliates and service providers, and each of their and] our [respective] licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material [for any purpose/according to your account settings].

You represent and warrant that:

  • You own or control all rights in and to the User Contributions 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.
  • All of your User Contributions do and will comply with these Terms of Service.

You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the BNB Calc, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.

We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Website.

5.2 Content Standards

These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:

  • Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
  • Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
  • Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
  • 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 Service and our Privacy Policy
  • Be likely to deceive any person.
  • Promote any illegal activity, or advocate, promote, or assist any unlawful act.
  • Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
  • Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
  • Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
  • Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

5.3 Copyright Infringement

If you believe that any User Contributions violate your copyright, please send us a notice of copyright infringement at hello@BNBCalc.com. It is the policy of BNB Calc to terminate the user accounts of repeat infringers.

5.4 Product/Idea Submission

BNB Calc and its personnel do not accept or consider unsolicited ideas, including, without limitation, ideas for new advertising campaigns, new promotions, new or improved products or technologies, product enhancements, processes, materials, marketing plans or new product names. Please do not submit any unsolicited ideas, original creative artwork, suggestions or other works (“Submissions”) in any form to BNB Calc or any of its employees.

The sole purpose of this policy is to avoid potential misunderstandings or disputes when any of BNB Calc’s products, services or marketing strategies might seem similar to ideas submitted to BNB Calc. If, despite our request that you not send us your ideas, you still submit them, then regardless of what your correspondence says, the following terms shall apply to your Submissions.

You agree that:

  • Any Submission (including its complete contents) by you to BNB Calc will automatically become the property of BNB Calc, without any compensation to you;
  • BNB Calc may use or redistribute any Submission and its contents for any purpose and in any way, without any compensation to you;
  • BNB Calc has no obligation to review any Submission; and
  • BNB Calc has no obligation to keep any Submission confidential, and no confidential relationship may be established by or inferred from any such Submissions to, or the consideration of your Submissions by, BNB Calc.

6. Third Party Sites; Indemnification

6.1 Third Party Web Sites

The Site may provide links to third party Sites that are not owned or controlled by BNB Calc, including, without limitation, Facebook, Tik Tok, Zillow, Twitter, Airdna, and LinkedIn (“Third Party Sites”). We provide such links solely as a convenience to you. BNB Calc does not review, approve, endorse, or make any representations about such Third Party Sites, the companies or persons who own and/or operate them, or any information, software or other products and services made available through such Third Party Sites, or any results that may be obtained from using them. You should exercise common sense and your own judgment, and if you decide to access any Third Party Sites linked to from the Site, you do so entirely at your own risk, and you are solely responsible for your activities conducted in connection with such Third Party Sites. Your use of Third Party Sites is subject to the terms of use and privacy policies located on the linked to Third Party Sites which may be different from this Agreement or our Privacy Policy, including, without limitation, such Third Party Sites’ password and account security policies and user-generated content posting and acceptable use policies.

6.2 Indemnification

You hereby agree to defend, release, indemnify and hold harmless each of the BNB Calc Parties (as defined in Section below) from and against, any and all losses, liabilities, damages, and/or claims (including, without limitation, attorneys’ fees and costs) arising from your breach of this Agreement, or otherwise arising from your use or misuse of the Site, Content or Products.

7. Disclaimer of Warranties

The site, content, products and subscriptions are furnished to you “as is” and without warranties, representations or conditions, statutory or otherwise, of any kind. BNB Calc, on behalf of itself and its affiliates, licensors, suppliers and third party service providers, and each of their respective directors, officers, employees, contractors, agents, successors, and assigns (collectively, the “BNB Calc parties”): (a)expressly disclaims all representations, warranties and conditions, whether express, implied or statutory, including, without limitation, the implied warranties of non-infringement, title, merchantability, and fitness for a particular purpose; (b)does not represent or warrant that the site, content, products or subscriptions will meet your requirements, or that the operation of the site or content will be timely, uninterrupted, stable, or secure; (c)does not represent or warrant that the site, content, products or subscriptions will be error-free or that any defects will be corrected; and (d)does not make any representations, warranties, or conditions regarding the use of the site, content or products in terms of their accuracy, reliability, timeliness, completeness, or otherwise. Your use of the site, content, products or subscriptions is entirely at your own discretion and risk and you assume total responsibility for your use of the site, content, products and subscriptions.

This limitation of remedies is a part of the bargain between you and BNB Calc. No oral or written information or advice given by BNB Calc or any person on behalf of BNB Calc shall create a warranty or condition, or in any way change this exclusion of warranty.

Nothing in this section 7 shall exclude or limit the BNB Calc parties’ warranties, representations or conditions to the extent they may not be lawfully excluded or limited by applicable law, in which case, such warranties, representations or conditions will be excluded and limited to the greatest extent permitted by applicable law.

8. Limitation of Liability

8.1 Damages

In no event shall any BNB Calc party be liable to you, or any third party, for any special, indirect, incidental, punitive, exemplary, reliance, or consequential damages of any kind, including, but not limited to, property damage, loss of value of the products or loss of use of the products, whether based on breach of any express or implied warranty or condition, breach of contract or tort (including, without limitation, negligence or strict liability), even if a BNB Calc party has been advised of the possibility of such damages.

8.2 Liability

If, notwithstanding the foregoing, an BNB Calc party is found to be liable to you or any third party for any damage or loss which arises under or in connection with your use of the site, content, products or subscriptions, to the fullest extent permissible by law the relevant BNB Calc party’s total cumulative liability shall not exceed the greater of: (a) the amount you paid BNB Calc for the products or subscription, as applicable; and (b) the sum of one hundred us dollars (USD $100).

8.3 Exclusions and Limitations

Nothing in this section 8 shall exclude or limit any BNB Calc party’s liability for losses which may not be lawfully excluded or limited by applicable law, in which case, such BNB Calc party’s liability will be limited to the greatest extent permitted by applicable law.

9. Dispute and Arbitration; Class Action Waiver; Choice of Law

9.1 Arbitration Agreement; Class Waiver; Waiver of Trial by Jury

Please read this Section (“Arbitration Agreement”) carefully. It is part of your contract with BNB Calc and affects your rights. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.

9.1.1 Informal Resolution

Most customer concerns can be resolved quickly and to a customer’s satisfaction by writing to our customer service department at hello@BNB Calc.com. In the unlikely event that our customer service department is unable to resolve a complaint you may have to your satisfaction, the terms of this Section 9.1 govern dispute resolution between us.

9.1.2 Applicability of Arbitration Agreement

All claims and disputes in connection with the Agreement or the use of any product or service provided by BNB Calc that cannot be resolved informally or in small claims court shall be resolved by binding arbitration on an individual basis under the terms of this Arbitration Agreement. This Arbitration Agreement applies to you and BNB Calc, and to any of our licensors, suppliers, dealers or third party vendors, subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or goods provided under the Terms.

9.1.3 Arbitration Rules

The Federal Arbitration Act governs the interpretation and enforcement of this dispute resolution provision. Arbitration shall be initiated through the American Arbitration Association (“AAA”), an established alternative dispute resolution provider (“ADR Provider”) that offers arbitration as set forth in this section. If AAA is not available to arbitrate, the parties shall agree to select an alternative ADR Provider. The rules of the ADR Provider shall govern all aspects of this arbitration, including but not limited to the method of initiating and/or demanding arbitration, except to the extent such rules are in conflict with the Terms (“Arbitration Rules”). The AAA Consumer Arbitration Rules governing the arbitration are available online at www.adr.org or by calling the AAA at 1-800-778-7879. Any hearing will be held in a location within one hundred (100) miles of your residence, unless you reside outside of the United States (in which case hearing will be held in the capital of your country), and unless the parties agree otherwise. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

9.1.4 Authority of Arbitrator

The arbitrator will decide the rights and liabilities, if any, of you and BNB Calc, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the Arbitration Rules, and the Terms. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and BNB Calc.

9.1.5 Waiver of Jury Trial

The parties hereby waive their constitutional and statutory rights to go to court and have a trial in front of a judge or a jury, instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in court and are subject to very limited review by a court. In the event any litigation should arise between you and BNB Calc in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND BNB Calc WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.

9.1.6 Waiver of Class or Consolidated Actions

All claims and disputes within the scope of this arbitration agreement must be arbitrated or litigated on an individual basis and not on a class basis, and claims of more than one customer or user cannot be arbitrated or litigated jointly or consolidated with those of any other customer or user. In the event that this subparagraph is deemed invalid or unenforceable neither you nor we are entitled to arbitration and instead claims and disputes shall be resolved in a court located in Los Angeles County, California.

9.1.7 30-Day Right to Opt Out

You have the right to opt out of the provisions of this Arbitration Agreement by sending written notice of your decision to opt out to the following address: BNB Calc, Attn: Legal Department, 1523 15th St, #200, Denver, CO 80202 within 30 days of purchasing a data product or subscription. If you send this notice, then the Arbitration Agreement will not apply to either party and you must litigate pursuant to subparagraph 9.1.12 below. If you do not send this notice, then you agree to be bound by this Arbitration Agreement.

9.1.8 Severability

If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable by a court of competent jurisdiction, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect.

9.1.9 Survival of Agreement

This Arbitration Agreement will survive the termination of your relationship with BNB Calc.

9.1.10 Modification

Notwithstanding any provision in these terms to the contrary, we agree that if BNB Calc makes any future material change to this Arbitration Agreement, it will not apply to any individual claim(s) that you had already provided notice to BNB Calc.

9.1.11 Small Claims Court

Notwithstanding the foregoing, either you or BNB Calc may bring an individual action in small claims court.

9.1.12 Courts

In any circumstances where the foregoing Arbitration Agreement permits the parties to litigate in court, the parties hereby agree to submit to the personal jurisdiction of the courts located in Los Angeles County, California for such purpose.

9.2 Choice of Law

This Agreement is governed by the Federal Arbitration Act, applicable federal law, and the and the laws of the state of California, without regard to its conflicts of laws rules. Foreign laws do not apply. If any provision of the Agreement is invalid under the law of a particular jurisdiction, that provision will not apply in that jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods is expressly excluded from this Agreement.

10. Electronic Communications; General Terms

10.1 Electronic Communications

Whenever you visit our Site or send emails to us, you are communicating with us electronically. For that reason, you also consent to receive communications from us electronically. We will communicate with you by email (if you have provided your email address to us), by posting notices on our Site or by such other means as we may determine from time-to-time. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing, to the extent permitted by applicable law.

10.2 General Terms

BNB Calc may issue a warning, temporarily suspend, indefinitely suspend or terminate any Customer’s right to use or access all or any part of the Site including any account thereon, without notice, for any reason in BNB Calc’s sole discretion, including without limitation breach of this Agreement and/or violation of the Terms of Service, BNB Calc’s belief that such access would violate any applicable law, rule or regulation or would be harmful to the interests of, or potentially cause financial loss or legal liability to BNB Calc or another user of the Site.

This Agreement and the Privacy Policy constitute the entire agreement between you and BNB Calc regarding its subject matter. BNB Calc will not be responsible for failures to fulfill any of its obligations due to causes beyond its control. The failure of BNB Calc to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any part of this Agreement is held invalid, illegal or unenforceable, that provision shall be enforced to the maximum extent permissible so as to maintain the intent of this Agreement, and the other parts will remain in full force and effect. The section titles in this Agreement are for convenience only and have no legal or contractual effect.

The parties shall at all times and for all purposes be deemed to be independent contractors and neither party nor its agents may bind the other party. The parties acknowledge and agree that this Agreement and all related documents that may be drawn up are only valid in the English language. This Agreement shall not be interpreted or construed to confer any rights or remedies on any third parties, except that each indemnified BNB Calc Party shall be a third party beneficiary hereunder. BNB Calc may assign or transfer its rights, or delegate any performance, under this Agreement to a third party in its sole discretion. Customer may not assign or otherwise transfer its rights, or delegate its performance, under this Agreement to any third party without in each and every case, BNB Calc’s express prior written consent.

All terms which by their nature are intended to survive any termination of this Agreement, or any termination of your use of the Site, Content, Products or Subscriptions, Self-Serve or Non-Self-Serve, shall survive such termination.