Date: [July 30th ], 2024
Please read these Terms and Conditions (“Terms”) carefully as they contain important information about your legal rights, remedies and obligations. By accessing or using the data collection platform (the “Platform”) sponsored by CBC Plus LLC (“CBC+), you agree to comply with and be bound by these Terms, which have the force of a contract. IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST NOT USE CBC+’S WEBSITES OR PLATFORM.
CBC+ must draw your attention to several particular provisions of these Terms. First, these Terms require that most disputes between you and CBC+ be resolved by arbitration rather than litigation in court (Section 8). These Terms also require that the arbitration be done on an individual basis rather than as a group or class (Paragraph 8.3). Furthermore, these Terms limit the extent of CBC+’s liability to you, including by capping the amount of damages you can be awarded to a full refund of any funds you have paid to CBC+ for its services (Paragraph 10.1) and releasing CBC+ and related parties from many forms of liability (Section 10). Finally, if your breach of these Terms or use of the CBC+ Platform causes harm to, or imposes costs on, CBC+, you may have to compensate CBC+ (Paragraph 5.5). The other provisions of these Terms, even though they are not highlighted in this paragraph, are no less important and no less legally binding. You should read this entire page carefully and ensure you understand the Terms.
These Terms constitute a legally binding agreement ("Agreement") between you and CBC+ governing your access to and use of the services CBC+ offers, including access to and use of CBC+’s websites. These terms are in addition to CBC+’s “Privacy Policy,” as now in effect and as the same may hereafter be modified or amended. The current Privacy Policy can be found at Privacy Policy.
You and CBC+ are each a “Party” to this agreement, and collectively you and CBC+ are the “Parties”.
References to “CBC+” “us” or “we” in these Terms are to CBC Plus LLC, a limited liability company established under the laws of Delaware, and to its successors and assigns. You agree that any actions taken by CBC+’s employees, officers, contractors, or other agents in connection with the services CBC+ provides shall be considered actions of CBC+ itself.
References to “you” in these terms are to you personally. If you use CBC+ on behalf of a corporation, LLC, partnership, or other legal personality or entity (“Legal Entity”), then “you” refers to that Legal Entity as well as to you personally. This Agreement will be binding on you and your successors, representatives, and assigns.
CBC+ offers an online data collection platform (“the CBC+ Platform” or the “Platform”) to facilitate the exchange of information between Selling Agents and Buying Agents. This platform is comprised of various websites and web pages, through which CBC+ offers the services described herein. A “Selling Agent” is a natural or legal person who has sponsored a listing of a residential property (“Property”). A “Buyer Agent” is a natural or legal person who represents potential purchasers of a Property. As used herein, “Agents” refers collectively to Selling Agents and Buyer Agents. Other capitalized terms used herein have the meanings assigned to them when they are introduced.
As a service, CBC+ maintains a platform on which Selling Agents, who are users independent of CBC+, can provide information with respect to Properties. Selling Agents who provide information about a Property on CBC+ are free to disclose the same information elsewhere. As a further service, CBC+ allows Buyer Agents, who are users independent of CBC+, to search, filter, and view the information provided by Seller Agents. Buyer Agents who use CBC+ to find information about Properties are free to search for such information elsewhere. To use the Platform, both Seller Agents and Buyer Agents must create a “CBC+ Profile” with basic information such as whether they are primarily a Seller Agent or a Buyer Agent and their name. Except as provided in Paragraph 4.5, CBC+ cannot guarantee, and assumes no responsibility for verifying, the accuracy of the information provided by other users of CBC+’s services in their profiles, advertisements, or elsewhere on the CBC+ Platform.
As a service to Agents, CBC+ may “distribute” information by causing information created on the CBC+ Platform to be republished on other websites or platforms to allow them to be seen by a higher number of Agents. CBC+ is not responsible for the content of any advertisements, including those that are aggregated or distributed and those posted directly by users on the CBC+ platform.
You are not required to purchase anything for certain limited use of the CBC+ Platform. However, if you do not purchase a subscription, your access to CBC+ content and services will be limited. We reserve the right to modify the content, type and availability of information on the Platform at any time. If you do not agree to the modifications, you may cancel your subscription through the methods explained in Section 4.3.8 below.
Your digital access to the CBC+ Platform will be accessible within twenty-four (24) hours after subscribing. Only one person may use the email address and password associated with a digital product account. For details about your purchases, including payment methods and subscription periods, visit [USER DASHBOARD]
We will process your purchase as promptly as possible. There may be a delay in the activation of your product while payment details are verified. We accept PayPal and all major credit cards accepted by PayPal. Accepted payment methods may vary based on your location. We reserve the right to reject any order or purchase at any time. By providing payment information to us, you agree that the payment information is valid.
If your initial payment authorization is later revoked, your subscription, product or access will be terminated. Unless expressly specified otherwise in these Terms, all charges are nonrefundable.
To view or change your payment method, visit [USER DASHBOARD]. All fees are payable in accordance with the payment terms in effect when the fees become payable.
We may receive updated credit card information (new credit card number or updated expiration date) from your credit card issuer. We may use these new details in order to help prevent any interruption to the services. If you would like to use a different payment method or if there is a change in payment method, please visit [USER DASHBOARD] to update your billing information. The disbursement of the updated credit card information is provided to us at the election of your credit card issuer. We are not responsible for the distribution of your updated credit card information. Your credit card issuer may give you the right to opt out of the updated service. It is your responsibility to contact your credit card issuer regarding your right to opt out of the updated service.
When you purchase access to the Platform, the price will be made clear during the order process. You agree to pay the price stated at the time of your order, as well as any applicable taxes. You also agree to the billing frequency stated at the time of your order.
Discount eligibility is determined at the time of the order. Discounts cannot be applied retroactively.
All prices are in United States Dollars.
Applicable taxes may vary depending on the jurisdiction. We may not be able to notify you in advance of changes in applicable taxes.
If a stated price or other material information is determined by us in our sole discretion to be in error, we are not under any obligation to offer you the product or service at that price and reserve the right to cancel, terminate or not process orders (including accepted orders). We will notify you of the error and either provide you with a refund or give you the opportunity to cancel your order and obtain a refund if payment has already been made.
4.3.4(a) Billing of Subscriptions
If you purchase a recurring subscription, you are subscribing to an automatically renewing subscription requiring recurring payments at the stated frequency (e.g., monthly or annually) until you cancel in the manner set forth in Section 4.3.8. You authorize us to charge your first subscription fee and any applicable taxes on or after the date you purchase your subscription or after your free trial ends. Your subscription will automatically continue at the selected interval, and you will continue to be charged at the stated price (including any applicable taxes), unless prior to the end of the current subscription period: (a) you terminate your account; (b) you cancel your subscription in accordance with Section 4.3.8 below; (c) we decline to renew your subscription; or (d) these Terms are otherwise properly terminated as expressly permitted herein. Further details regarding cancellation are included in Section 4.3.8 below. As noted below, we may change subscription terms or subscription fees at any time on a go forward basis in our sole discretion.
After you have set up an account, you can access information about your subscription period by visiting the USER DASHBOARD.
4.3.4(b) Changes to Subscriptions, Products, and Services
We may change subscription terms or subscription fees at any time on a go forward basis in our sole discretion. If the pricing for your subscription increases, we will notify you and provide you an opportunity to cancel or change your subscription before applying those changes to your account or charging you in connection with an automatic renewal. We may choose in our sole discretion to add, modify, or remove benefits and features from a subscription, product, or service on a temporary or permanent basis. If you do not wish to continue subscribing with the new modifications, you may cancel your subscription. Your failure to cancel or your continued use of the product or service after the changes become effective will constitute your acceptance of the changes. If you accept the new subscription, its terms and conditions will apply for that renewal and all renewals going forward.
If any fee is not paid in a timely manner, or your transaction cannot be processed, we reserve the right to suspend, disable, cancel or terminate your access to the product or services or cancel your subscription.
If your credit card expires or your payment method is otherwise invalid, we do not automatically terminate your account and you will remain responsible for all charges and uncollected amounts incurred until you cancel pursuant to Section 4.3.8 or we, in our sole discretion, decide to terminate your account.
In addition, we reserve the right to collect from you all costs we incur in connection with the collection of unpaid amounts, including court costs, attorneys' fees, collection agency fees and any other associated costs.
We may offer promotions. The specific terms of each promotion are stated at the time the promotion is offered. Each promotion may be different. Promotions cannot be combined.
We may offer promotional trial subscriptions to allow access to the products or services on a trial basis or at a promotional rate.
If your subscription includes a free trial, you will not be charged the applicable fee during your free trial. To obtain the free trial, you are required to provide your payment details when you sign up in order to ensure uninterrupted access and continued use after the expiration of the free trial. Upon completion of your free trial, your subscription will automatically convert into a paid subscription and your payment method will be charged the applicable fee unless you have canceled your subscription in accordance with Section 4.3.8. You may cancel your subscription during your free trial to avoid being charged as described above and below; such cancellation will be effective immediately.
If your subscription includes a promotional rate, you will be charged the promotional rate for the relevant number of subscription periods and upon completion of that period, your subscription will continue to automatically renew at the full rate. To avoid being charged the full rate, you must cancel in accordance with Section 4.3.8 before the promotional period ends.
You may only be permitted to use one free trial or promotional rate offer. If your subscription is ever canceled or terminated for any reason and you purchase an additional subscription, you may not be eligible for a free trial or another promotional rate offer.
Please note that we do not provide price protection or refunds in the event of a price drop or promotional offering.
We may offer promotional pricing or credits to new or existing subscribers and for other marketing purposes, such as a referral program (“Referral Program”).
Eligible users may be able to earn benefits (like discounts or credits) by inviting their contacts as new customers. New users may be able to purchase a subscription at a discount through the Referral Program, and existing users may be entitled to a discount for referring new users. Your ability to earn, use, and take advantage of such benefits and discounts is subject to applicable terms and instructions. You must be truthful and accurate in your participation in the Referral Program. Each apparent referral is subject to independent verification by us. Benefits earned through the Referral Program must be used by the intended audience for the intended purposes and may not be sold or transferred in any manner or made available to the general public (whether posted to a public forum or otherwise), unless expressly permitted by CBC+. Except as permitted by CBC+, such benefits are non-transferrable, may not be resold, and are not redeemable for cash or other consideration. You agree we may change the terms and conditions of the Referral Program, terminate the Referral Program, or withhold, expire, deduct, limit, invalidate, or modify your benefits at any time for any reason, including, but not limited to, in the event that CBC+ determines or believes that your participation in the Referral Program or use or redemption of benefits was in error, or was fraudulent, illegal, or otherwise in violation or circumvention of these Terms of Service, or any other policies or requirements posted by us in relation to the Referral Program (including, but not limited to, providing incomplete or untruthful information, attempts to refer “dummy” email accounts, attempting to register the same individual under different names or email addresses, or completing registration information on behalf of others). CBC+ will have the final decision in any disputes over your participation in the Referral Program.
You consent to receive notifications from CBC+ electronically to the email address you provide to us. You agree that all notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing, or be delivered in a particular manner.
You agree that you have the ability to store such electronic communications such that they remain accessible to you in an unchanged form.
When you cancel a subscription, you cancel only future charges associated with your subscription. You may initiate your cancellation at any time, but the cancellation will become effective at the end of your current billing period.
In order to avoid future charges, you must cancel your subscription prior to the end of your current subscription period. If you cancel prior to the deadline, you will not be charged or you will be eligible to receive a refund for additional charges. For subscriptions that are canceled within a free trial period, your cancellation will become effective immediately; for all other subscriptions your cancellation will become effective at the end of your current subscription period, and you will continue to have access to your subscription for the remainder of the subscription period.
Subscribers are given various cancellation options. These methods of cancellation are subject to change. Once your subscription has been canceled, you will have limited access to CBC+’s content. All digital subscriptions billed through CBC+ can be canceled using your account by visiting [USER DASHBOARD].
EXCEPT AS OTHERWISE STATED IN THESE TERMS OF SALE OR AS REQUIRED BY APPLICABLE LAW, YOUR SUBSCRIPTION FEE IS NONREFUNDABLE. If you cancel your subscription, you are not entitled to receive any refund or credits for the time remaining in your subscription period. Except as otherwise stated in these Terms of Sale or as required by applicable law, you will continue to have the same access and benefits of your subscription for the remainder of the current subscription period.
We reserve the right to issue refunds or credits at our sole discretion. If we issue a refund or credit, we are under no obligation to issue the same or similar refund in the future.
Without limiting any other remedies, we reserve the right to suspend or terminate your subscription or product or portion thereof for any reason, with or without notice and without further obligation. If we cancel your subscription, we may give you a pro-rated refund based on the amount of time remaining that you cannot use. However, we will not be obligated to grant you a refund if we terminate your subscription because we determine, in our sole discretion, that your actions or your use of the products or services violate these Terms, any applicable law, or has harmed the service, product, or another user. If any or all of our digital products are temporarily unavailable, you will not receive a refund. We reserve the right to issue refunds or credits at our sole discretion.
When you change your subscription, you may receive a pro-rated credit for fees paid in advance for your prior subscription that will be used toward your new subscription, at our sole discretion. If you cancel your subscription prior to using all of the pro-rated credit, then you may no longer have access to any unused portion of that credit.
If CBC+ offers other services, they too shall be subject to these Terms.
CBC+ gathers information for the Platform from publicly available sources or from independent outreach to third parties. CBC+ does not perform additional verification of such information and does not make any warranties or representations, expressed or implied, about the accuracy of such information
None of the information provided on the Platform should be interpreted as a representation, warranty, promise or guarantee of that you or any party are entitled broker fees or any other compensation. You hereby agree that you will independently verify all information provided on the Platform in connection with your use of such information. You will not rely upon the information provided on the Platform.
The Platform is a data collection service provided primarily to licensed real estate salespersons. CBC+ is not engaged in the purchase or sale of properties on behalf of customers and does not facilitate such transactions, and accordingly is not licensed as a real estate agent or broker in any jurisdiction.
You acknowledge that CBC+ has not provided you with any express or implied legal advice. It is possible to use the CBC+ Platform and materials provided by CBC+ in ways that are illegal, and that could subject you to civil or even criminal liability. As explained in Paragraph 5.2, it is your responsibility to know and comply with the laws applicable to your use of the CBC+ Platform. You should not assume that, just because it is technically possible to do something on the CBC+ Platform, that thing is legal or CBC+ gives you permission to do it. You acknowledge that CBC+ advises you to obtain independent legal advice before entering into any transaction or taking any further action on the basis of the information provided on the Platform.
Users of the CBC+ Platform, including Agents, are not agents of CBC+. They do not act on behalf of CBC+, and have no authority to create obligations that legally bind CBC+. You acknowledge that neither you, nor any other Agent, is in a partnership, joint venture, employment, or other agency relationship with CBC+. Instead, the relationship between you and CBC+, and between CBC+ and other Agent, if any, is one of independent contractors.
You acknowledge that, when you provide information to CBC+, whether directly (such as through a message) or indirectly (such as by posting it directly on the Platform), an Agent might use such information to decide whether to engage with another Agent or take other action. When you send a message to CBC+, you expressly instruct CBC+ to make the information in such message available on the Platform. When you add information to your profile on the Platform, or otherwise make it available generally on the CBC+ Platform, you expressly authorize CBC+ to make such information available to all user of the Platform generally. You agree that the users of the Platform are solely responsible for using such information in a lawful manner, and that CBC+ is not responsible for how other users use information you provide. For all intents and purposes, you will be deemed to have provided this information to the other users directly: under no circumstances will CBC+ be deemed to be the “speaker” of any content posted to, or shared on, the CBC+ Platform by others, nor is CBC+ responsible in any way for what other users do with information they obtain through the CBC+ Platform.
CBC+ conducts independent research using publicly available information and by means of direct outreach to individuals. CBC+ does not make use of any multiple listing service that is owned exclusively by one or more local or state/territory real estate boards or associations of REALTORS®, all of whose members are also members of the National Association of REALTORS® through those boards or associations. All data available on the Platform is gathered from public sources or from direct outreach to individuals and as such must be confirmed separately by users and not relied upon. By providing any information to CBC+ in any manner, or accessing or using the Platform, you agree that provision or receipt of real estate commission related information to or from the Platform is intended by all relevant parties to facilitate discussions between prospective real estate sellers, buyers, and their respective brokers or agents. The Platform and the information it contains is intended only as a starting point for negotiations and any commissions ultimately agreed to by any party must comply with all applicable laws, rules and regulations, including without limitation and to the extent applicable, the Corrected Settlement Agreement entered into as of March 15, 2024, by and between defendant the National Association of REALTORS® and plaintiffs Rhonda Burnett, Jerod Breit, Jeremy Keel, Hollee Ellis, Frances Harvey, Christopher Moehrl, Michael Cole, Steve Darnell, Jack Ramey, Daniel Umpa, Jane Ruh, Don Gibson, Lauren Criss, and John Meiners. The Platform does not guarantee, promise, or warrant the payment of any commissions or concessions. The responsibility for payment of commissions and compliance with all applicable laws lies solely with the parties involved in the real estate transaction.
You agree that all of the information you post or provide to the CBC+ Platform will be truthful and not misleading. You agree that the information you provide to other users of the CBC+ Platform will be truthful and not misleading. You agree that you will not make or use more than one CBC+ account.
You alone are responsible for identifying, understanding, and complying with all laws, rules, regulations, restrictive covenants, and contractual provisions that apply to your use of the CBC+ Platform. You alone are responsible for knowing and complying with your legal obligations. This includes identifying and obtaining any required licenses, permits, or registrations, paying or withholding any required taxes. If you have questions about what you are allowed to do, you should seek legal guidance from a licensed attorney (or the equivalent in your jurisdiction). Failure to comply with applicable laws may result in fines or other penalties. You agree not to use the CBC+ Platform or any of CBC+’s services in any illegal way or for any illegal purpose. If your failure to comply with applicable laws adversely affects CBC+, you might also be civilly liable to CBC+ under Paragraph 5.5.
You agree not to abuse, damage, interfere with, or disrupt the CBC+ Platform or any CBC+ website, including by introducing malware, spamming or hacking CBC+’s systems, or attempting to circumvent CBC+’s authentication or other access-control systems. You agree not to use any deep-link, page-scrape, robot, crawl, index, spider, click spam, macro programs, internet agent, or other automatic device, program, algorithm or methodology which does the same things, to use, access, copy, acquire information, generate impressions or clicks, input information, store information, search, generate searches, or monitor any portion of the CBC+ Platform or of any CBC+ website. You agree not to disguise the origin of information transmitted to, from, or through the CBC+ Platform or any CBC+ website.
You can access the CBC+ Platform with a user-created password. You are responsible for maintaining or restoring the confidentiality of your CBC+ password, if any. You acknowledge that CBC+ and other users on CBC+’s Platform may act in reliance on statements or commitments made, or instructions given, from your account, whether or not you actually made such statements or commitments or gave such instructions. You represent, warrant and agree that any person who knows your CBC+ password is your duly authorized representative, having the power and authority to legally bind you. You agree that all actions taken by or under your account will be deemed to be your actions for all intents and purposes. If your account credentials are compromised or you become aware that somebody else is using your account or identity on the CBC+ Platform, you agree to notify CBC+ immediately.
You agree to indemnify, defend and hold CBC+ and its partners, employees, and affiliates, harmless from any liability, loss, claim and expense, including reasonable attorney's fees, related to your violation of these Terms or other applicable laws or regulations.
CBC+ is determined that no user of the CBC+ platform shall be subjected to discriminatory, degrading, or illegal treatment. While CBC+ has no obligation to monitor or moderate content posted to the Platform, CBC+ reserves the right to do so. Specifically, CBC+ reserves the right to remove any information from the CBC+ platform in its sole and unreviewable discretion, for any reason, with or without notice to the user who posted the advertisement. CBC+ also reserves the right to place on probation, or ban from the CBC+ Platform, any person for any reason and in CBC+’s sole and unreviewable discretion. A user on probation can continue communicating about, and making or accepting payments for, existing leases or subleases, but cannot otherwise use the CBC+ Platform. If you believe that you have been mistreated or discriminated against on the CBC+ Platform, please contact CBC+. Likewise, if you encounter content or behavior on the CBC+ Platform that you believe is illegal or in violation of these Terms, please contact CBC+.
CBC+ grants you a limited, revocable, nonexclusive license to use the CBC+ Platform and CBC+’s websites solely for your own use. CBC+ does not grant any license for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use of the CBC+ Platform, any component thereof, or any of CBC+’s websites or their contents. You agree not to copy materials from, or reverse engineer or break into, the CBC+ Platform or any of the CBC+ websites. The use of this website is at the discretion of CBC+ and CBC+ may terminate your use of this website at any time. CBC+ makes no guarantee that the CBC+ Platform, any part thereof, or any service described herein will be available at any particular time or remain available for any period of time.
“CBC+” and other trade and service marks used on the CBC+ Platform, whether or not those marks have been registered, are the property CBC+. Neither these Terms nor your use of the CBC+ Platform give you any right, title, or interest in any trade or service mark. Other product and company names mentioned on the CBC+ website and platform may be trademarks of their respective owners.
When you post or upload any content, including text and images, to any of CBC+’s websites, you grant CBC+ a perpetual, irrevocable, assignable, sub-licensable, global, royalty-free license to publish such content on CBC+’s websites, distribute such content to other websites (in accordance with these Terms and CBC+’s Privacy Policy), and otherwise use, share, and exploit such content, with or without modification, in any manner CBC+ deems appropriate and for any purpose (in accordance with these Terms and with the CBC+ Privacy Policy). You further expressly represent and warrant that you have the right to grant the license just described.
If you believe your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have otherwise been violated, please provide a notice containing all of the following information to CBC+:
Our Copyright Agent for Notice of claims of copyright infringement on the can be reached by E-mail: support@cbcplus.com
If any controversy or claim arises from or relates to (1) this Agreement, (2) an alleged breach of this Agreement, or (3) directly or indirectly from your use of CBC+’s services (the “Dispute”), and if the Dispute cannot be settled through direct discussions, the parties agree to endeavor first to settle the Dispute by mediation administered by the American Arbitration Association before resorting to arbitration. The parties further agree that any unresolved Dispute shall be settled by arbitration administered by the American Arbitration Association (“AAA”) under its applicable rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Any question of arbitrability shall likewise be so arbitrated. The arbitration shall be conducted in English. By consenting to this arbitration provision, each Party voluntarily waives and forfeits any right it may have to seek relief from a court, to have a trial by jury, or to appeal from an adverse decision. This agreement to arbitrate includes claims that arose before you first accepted any version of these Terms.
In making determinations regarding the scope of exchange of electronic information, the arbitrator(s) and the parties agree to be guided by The Sedona Principles, Third Edition: Best Practices, Recommendations & Principles for Addressing Electronic Document Production, 19 SEDONA CONF. J. 1 (2018) and The Sedona Conference, Primer on Managing Electronic Discovery in Small Cases, 24 SEDONA CONF. J. 93 (2023). Both sources are available, free of charge, on the Sedona Conference Website at www.thesedonaconference.org/publications. The arbitrator may decide the Dispute solely based on the submission of documents without any in-person or oral hearing. If the arbitrator calls for an oral hearing, it shall be by phone or video call rather than in-person. The arbitral award shall not be appealable and, to avoid unnecessary expense, no written opinion explaining the award shall be required unless one party demands it, in which case it shall be prepared entirely at that party’s expense.
Notwithstanding the arbitration provisions above, a claim seeking temporary injunctive relief based on exigent circumstances or to prevent irreparable harm (an “exceptional claim”) may proceed in a court of competent jurisdiction. A claim that is not itself an exceptional claim may not be joined with an exceptional claim for resolution by a court. Actions in court resolving exceptional claims shall be subject to Paragraph 8.4 below entitled Litigation Costs and Expenses. A permanent injunction may only be awarded through arbitration, and in no event may a court award damages (as distinct from compensation for litigation costs and expenses, which the court shall award).
You and CBC+ acknowledge and agree that, to the fullest extent permitted by law, we are each waiving the right to participate as a plaintiff or class member in any purported class action lawsuit, class-wide arbitration, private attorney general action, or any other representative proceeding as to any Dispute. Further, unless you and CBC+ both otherwise agree in writing, the arbitrator may not consolidate more than one party’s claims and may not otherwise preside over any form of any class or representative proceeding. If the “private attorney general action” waiver or the “representative proceeding” waiver in this paragraph is held unenforceable with respect to any Dispute, those waivers may be severed from this paragraph and any private attorney general claims and/or representative claims in the Dispute will be severed and stayed, pending the resolution of any arbitrable claims in the Dispute in individual arbitration.
Any tribunal resolving a dispute between you and CBC+ (generally one or more arbitrator(s) but, in a case to which the arbitration provisions do not or legally cannot apply, then a court) shall award to the prevailing party, if any, as determined by the tribunal, all of their costs and fees. “Costs and fees” mean all reasonable pre-award expenses of the arbitration or litigation, including the arbitrators’ fees, court fees, administrative fees, travel expenses, out-of-pocket expenses such as copying and telephone, court costs, witness fees, and attorneys’ fees. The parties agree that failure or refusal of a party to pay its required share of the deposits for arbitrator compensation or administrative charges shall constitute a waiver by that party to present evidence or cross-examine witness. In such event, the other party shall be required to present evidence and legal argument as the arbitrator(s) may require for the making of an award. Such waiver shall not allow for a default judgment against the non-paying party in the absence of evidence presented as provided for above.
THE INFORMATION ON THE CBC+ PLATFORM IS PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS. YOU AGREE THAT USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY LAW, CBC+ DISCLAIMS ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY EXPRESS WARRANTIES, STATUTORY WARRANTIES, AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
UNDER NO CIRCUMSTANCES WILL CBC+ BE LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING DAMAGES FROM LOSS OF BUSINESS, LOST PROFITS, LITIGATION, OR THE LIKE), SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN ANY WAY RELATING TO THE CBC+ PLATFORM, YOUR USE OF THE CBC+ PLATFORM, OR THESE TERMS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE CBC+ PLATFORM AND/OR ITS CONTENT IS TO ENTIRELY CEASE YOUR USE OF THE CBC+ PLATFORM.
You may have additional rights under certain laws (including consumer laws) which do not allow the exclusion of implied warranties, or the exclusion or limitation of certain damages. If these laws apply to you, the exclusions or limitations in these Terms that directly conflict with such laws may not apply to you.
IF THE ABOVE RELEASE OF LIABILITY IS LEGALLY INEFFECTIVE SUCH THAT YOU ARE ENTITLED TO COMPENSATION, YOU AGREE THAT UNDER NO CIRCUMSTANCES WILL THE AMOUNT OF SUCH COMPENSATION EXCEED THE AMOUNT YOU HAVE PAID TO CBC+ FOR USE OF THE PLATFORM AND/OR CBC+’S SERVICES. THE PARTIES INTEND THIS CAP ON DAMAGES TO BE EFFECTIVE EVEN IF GIVING EFFECT TO THE SAME WILL CAUSE THE AGREEMENT BETWEEN THE PARTIES, OR ANY TERM OR COMBINATION OF TERMS THEREOF (OR ANY REMEDIAL STATUTE OR LEGAL DOCTRINE), TO FAIL OF ITS ESSENTIAL PURPOSE. YOU ACKNOWLEDGE THAT CBC+ WOULD NOT BE WILLING TO PROVIDE SERVICES TO YOU WITHOUT THIS CAP ON ITS POTENTIAL LIABILITY.
For the avoidance of doubt, and without limiting the scope of the General Release of Liability in Paragraph 10.1, you further agree, on behalf of yourself and your heirs, successors, and assigns, to fully and forever release:
From time to time, CBC+ may modify these Terms by posting the Terms as modified on its website. CBC+ will notify you that the Terms have been modified by sending an email to the email address you have registered to your CBC+ profile. Your use of the CBC+ Platform after being so notified will constitute your acceptance of the Terms as modified, whether or not you actually receive or read the email or the modified terms. You acknowledge that modified terms may apply retroactively to occurrences or omissions before the modifications were made. CBC+ may also modify these terms without notifying you, in which case the modifications will not be effective retroactively unless and until you expressly accept the Terms as modified (or unless and until CBC+ notifies you by email that there have been modifications and you thereafter use the CBC+ Platform, thereby implicitly accepting the Terms as modified).
If you are using CBC+ on behalf of a Legal Entity, both you personally and the Legal Entity itself warrant and represent that you have the authority to bind the Legal Entity to these Terms by your explicit acceptance hereof and by your implicit acceptance hereof by using the CBC+ Platform.
You represent that you are at least 18 years old and that you are of sound mind and have the capacity to accept these Terms.
You should know that there are commercially-available parental control protections that may assist you in limiting access to material that is harmful to minors. Common Sense Media, a 501(c)(3) nonprofit organization that is not related to CBC+ in any way, maintains a partial list of available parental control protections, which can be found at https://www.commonsensemedia.org/articles/parents-ultimate-guide-to-parental-controls. The United States Federal Trade Commission also offers advice about protecting children online, which is available at https://consumer.ftc.gov/articles/parental-controls.
You authorize CBC+ to contact you using any contact information you provide to us, including by email, SMS message, or phone call (including automated calls). You expressly authorize us to send you commercial messages, including marketing messages for CBC+’s services.
These Terms, your relationship with CBC+, your use of CBC+’s services and websites, and any dispute between you and CBC+ will be governed by the laws of the United States and of the State of Delaware, without regard to choice of law rules.
If any provision of these Terms shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect.
The failure of either Party to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. Any waiver of these Terms must be in writing and signed by an authorized representative of the waiving Party.
Neither these Terms nor your use of the CBC+ Platform shall be construed to create a partnership, joint venture, employment or other agency relationship between you and CBC+, nor shall either Party hold itself out as an agent of the other. Neither Party has any right or authority to incur, assume or create, in writing or otherwise, any warranty, liability or other obligation of any kind, express or implied, in the name of or on behalf of the other Party, it being intended by both parties that each shall remain independent contractors responsible for its own actions.
You may terminate this agreement at any time by deleting your account. Termination of this agreement will not affect your rights or obligations relating to or arising out of your use of the CBC+ Platform before you terminated the agreement. CBC+ may terminate this agreement for any reason by providing you 30 days’ notice via email or using any other contact information you have provided for your account. CBC+ may terminate this agreement immediately and without notice, and block you from accessing the CBC+ Platform, if you breach these Terms, violate applicable law, or decide that termination is necessary to protect CBC+, its users, or third parties. If your account has been inactive for more than two years, we may terminate your account without prior notice.
These Terms govern your relationship with CBC+ and supersede all other understandings or agreements you may have with CBC+. The application of these Terms, as now in effect or as hereafter modified or amended, to you shall not be limited or excluded except through a written agreement with you signed by an authorized representative of CBC+ and specifically providing that such agreement shall apply notwithstanding contrary provisions of these Terms.