Terms of Use


Effective Date : October 7th, 2013 (last updated February 13th, 2017)



Your use of the web sites and apps on which these terms reside (collectively, the "Platform"), and the features at this Platform are subject to these Terms of Use, which we may update from time to time. Please read these Terms of Use carefully before using this Platform. The Platform is owned or controlled by Bonial Enterprises North America Inc. ("Bonial"). This Platform is intended for and applicable only for residents of the United States. If you are from another jurisdiction, you may not use this Platform. By accessing this Platform in any way, including, without limitation, browsing this Platform, using any information, and/or submitting information to Bonial, you agree to and are bound by the terms, conditions, policies and notices contained on this page (the "Terms"), including, but not limited to, conducting this transaction electronically, disclaimers of warranties, damage and remedy exclusions and limitations, binding arbitration, and a choice of Illinois law.


From time to time we may update this Platform and these Terms. Your use of this Platform after we post any changes to these Terms constitutes your agreement to those changes prospectively from the date of such changes. You agree to review these Terms periodically to ensure that you are familiar with the most recent version. Bonial may, in its sole discretion, and at any time, discontinue this Platform or any part thereof, with or without notice, or may prevent your use of this Platform with or without notice to you. You agree that you do not have any rights in this Platform and that Bonial will have no liability to you if this Platform is discontinued or your ability to access the Platform or any content you may have posted on the Platform is terminated. You further agree that Bonial will not be liable for any modification or suspension of the Platform.



Binding Arbitration

You and Bonial agree that any controversy or claim arising out of or relating to the Platform, use of the Platform, this Agreement and/or the Privacy Policy shall be settled by binding arbitration in a location determined by the arbitrator as set forth herein (provided that such location is reasonably convenient for you in your hometown area), or at such other location as may be mutually agreed upon by the parties, in accordance with the applicable procedural rules set forth in the then prevailing Comprehensive Arbitration Rules and Procedures of JAMS (“JAMS Rules and Procedures”), and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.  The JAMS Rules and Procedures are available at www.jamsadr.com or by calling (800) 352-5267. The arbitrator shall be selected pursuant to the JAMS Rules and Procedures. Alternatively, you may assert your claims in small claims court in accordance with the terms of this Agreement if your claims qualify and so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis.  The arbitrator shall apply Illinois law consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized at law. If you initiate arbitration against Bonial, you will not be responsible for professional fees for the arbitrator’s services or any other JAMS fees. If Bonial initiates arbitration against you, Bonial will pay for the arbitrator’s services and any other JAMS fees associated with the arbitration. If any part of this arbitration provision is deemed to be invalid, unenforceable or illegal (other than that claims will not be arbitrated on a class or representative basis), or otherwise conflicts with the rules and procedures established by JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, the portion that is deemed invalid, unenforceable or illegal is that claims will not be arbitrated on a class or representative basis, then the entirety of this arbitration provision shall be null and void, and neither claimant nor Bonial shall be entitled to arbitrate their dispute.  THE ARBITRATION OF DISPUTES PURSUANT TO THIS PARAGRAPH SHALL BE IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED. 

 

BY AGREEING TO THE ARBITRATION OF DISPUTES AS SET FORTH HEREIN, YOU AGREE THAT YOU ARE WAIVING YOUR RIGHT TO A JURY TRIAL AND LIMITING YOUR RIGHT TO APPEAL AND YOU UNDERSTAND THAT YOU ARE WAIVING YOUR RIGHTS TO OTHER AVAILABLE RESOLUTION PROCESSES, SUCH AS A COURT ACTION. DO NOT USE THIS PLATFORM IF YOU DO NOT AGREE TO THE FOREGOING BINDING ARBITRATION PROVISIONS.



Bonial Content

Content on this Platform that is provided by Bonial or its licensors, including certain graphics, photographs, images, screen shots, text, digitally downloadable files, trademarks, logos, product and program names, slogans, and the compilation of the foregoing ("Bonial Content") is the property of Bonial and its licensors, and is protected in the U.S. and internationally under trademark, copyright, and other intellectual property laws. 


You agree not to download, display or use any Bonial Content located on the Platform for use in any publications, in public performances, on websites other than this Platform, for any other commercial purpose, in connection with products or services that are not those of Bonial, in any other manner that is likely to cause confusion among consumers, that disparages or discredits Bonial and/or its licensors, that dilutes the strength of Bonial's or its licensor's property, or that otherwise infringes Bonial's or its licensors' intellectual property rights. You further agree to in no other way misuse any Bonial Content or third party content (collectively, “Content”) that appears on this Platform.


If you are a trademark or copyright owner and you believe that your trademark or copyright rights have been violated, please contact: Christian W. Gaiser, 525 West Monroe Street, Suite 510, Chicago, Illinois 60661, (312) 258-8800, or proprietary.rights@retale.com.



Use of the Platform

The following requirements apply to your use the Platform: (a) you will not use any electronic communication feature of the Platform for any purpose that is unlawful, tortious, abusive, intrusive on another's privacy, harassing, libelous, defamatory, embarrassing, obscene, threatening, or hateful; (b) you will not upload, post, reproduce, or distribute any information, software, or other material protected by copyright or any other intellectual property right (as well as rights of publicity and privacy) without first obtaining the permission of the owner of such rights; (c) you will not collect or store personal data about other users; (d) you will not use the Platform for any commercial purpose not expressly approved by Bonial in writing; (e) you will not upload, post, email, or otherwise transmit any advertising or promotional materials or any other form of solicitation or unauthorized communication; (f) you will not upload, post, email, or otherwise transmit any material that contains viruses or any other computer code, files, or programs which might interrupt, limit, or interfere with the functionality of any computer software or hardware or telecommunications equipment; (g) you will not decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Platform (including without limitation any application), except to the limited extent applicable laws may specifically prohibit such restriction.



Your Account

Certain areas of the Platform may require registration or may otherwise ask you to provide information to participate in certain features or access certain content. If you elect not to provide such information, you may not be able to access certain content or participate in certain features of the Platform or any features at all. If the Platform requires you to create an account or otherwise submit information, you agree that you will provide accurate and complete information for your user account; that you will not impersonate a third party in your communications with Bonial; that you will only submit information about yourself; and that you will otherwise comply with these Terms. It is your responsibility to maintain the currency, completeness, and accuracy of your registration data, and any loss caused by your failure to do so is your responsibility. You may not authorize any other person or entity to use your account or to access restricted or protected content or features available at the Bonial Platform. Creating an account or opting in to receive notifications or offers does not guarantee the receipt of any such messages or the availability to you of any promotional offer.
You are solely responsible for the activity that occurs on your account, including all transactions and other activities undertaken with your device and any stored payment card, whether authorized or unauthorized. You must keep your user account, username, and password secure. You must notify Bonial immediately of any breach of security or unauthorized use of your account. You further agree not to email, post, or otherwise disseminate any user ID, password, or other information which provides you access to the Platform. Bonial is not liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. Bonial shall not be responsible for any losses arising out of the loss or theft of user information transmitted from or stored on a computer or device or from unauthorized or fraudulent transactions associated with the Platform.
You understand that you have no ownership rights in your account or other access to the Platform or features therein. Bonial may terminate your access to the Platform, cancel your account and/or delete all information associated with your account, including any materials you may have submitted to Bonial, at any time, and without notice, for any reason, including if Bonial deems that you have violated these Terms, the law, or for any other reason. Bonial assumes no liability for any information removed from our Platform, and reserves the right to permanently restrict access to the Platform or a user account.



Indemnification

You agree to indemnify and hold Bonial, its parents, subsidiaries, officers, employees, agents, and website contractors and each of their officers, employees and agents harmless from any claims, damages and expenses, including reasonable attorneys' fees and costs, related to your violation of these Terms or any violations thereof by your dependents or agents.



Representations and Limitations of Liability

Bonial makes no representations about the accuracy of the information on this Platform or the reliability of the features of this Platform, the Content, or any other Platform feature, and disclaims all liability in the event of any service failure. You acknowledge that any reliance on such material or systems will be at your own risk. Bonial makes no representations regarding the amount of time that any Content will be preserved.


Bonial does not endorse, verify, evaluate or guarantee any information provided by users and nothing shall be considered as an endorsement, verification or guarantee of any Content. You shall not create or distribute information, including but not limited to advertisements, press releases or other marketing materials, or include links to any sites which contain or suggest an endorsement by Bonial without the prior review and written approval of Bonial.


THIS PLATFORM (INCLUDING, WITHOUT LIMITATION, ALL INFORMATION AND CONTENT CONTAINED HEREON) IS PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS. NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THOSE OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE MADE WITH RESPECT TO THIS PLATFORM OR ANY INFORMATION OR SOFTWARE THEREIN.


UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL BONIAL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (COLLECTIVELY, “DAMAGES”) THAT RESULT FROM THE USE OF OR INABILITY TO USE THIS PLATFORM, NOR SHALL BONIAL BE RESPONSIBLE FOR ANY DAMAGES WHATSOEVER THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE WHETHER OR NOT CAUSED BY EVENTS BEYOND BONIAL'S REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS LINE FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO THIS PLATFORM'S RECORDS, PROGRAMS, OR SERVICES. UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO A NEGLIGENT ACT, WILL BONIAL OR ITS AFFILIATES OR AGENTS BE LIABLE FOR ANY DAMAGE OF ANY KIND THAT RESULTS FROM THE USE OF, OR THE INABILITY TO USE, THE PLATFORM, EVEN IF BONIAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL, CONSEQUENTIAL, OR OTHER DAMAGES; AS A RESULT, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU AND THE FOREGOING PARAGRAPH SHALL NOT APPLY TO A RESIDENT OF NEW JERSEY TO THE EXTENT DAMAGES TO SUCH NEW JERSEY RESIDENT ARE THE RESULT OF BONIAL’S NEGLIGENT OR RECKLESS ACT(S). 


THE PLATFORM MAY CONTAIN FACTS, OPINIONS, VIEWS, STATEMENTS AND RECOMMENDATIONS OF THIRD PARTY INDIVIDUALS AND ORGANIZATIONS. BONIAL DOES NOT REPRESENT OR ENDORSE THE ACCURACY, TIMELINESS OR RELIABILITY OF ANY FACTS, OPINIONS, VIEWS, STATEMENTS OR RECOMMENDATIONS OR OTHER INFORMATION DISPLAYED, UPLOADED OR DISTRIBUTED THROUGH THE PLATFORM. YOU ACKNOWLEDGE THAT ANY RELIANCE UPON ANY SUCH FACTS, OPINIONS, VIEWS, STATEMENTS OR RECOMMENDATIONS IS AT YOUR SOLE RISK AND IN NO EVENT WILL BONIAL OR ANY BONIAL AFFILIATES BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY IN CONNECTION THEREWITH.



Information on the Platform

You expressly understand and agree that Bonial makes no representations or warranties regarding any information, including without limitation the pricing and product- and/or service-related information, contained on this Platform. No offers for sale are conveyed through this Platform and all advertising and promotional materials contained on the Platform are owned or controlled by third parties. You understand and agree that the products and services displayed on the Platform may not be available for purchase from the corresponding retailer under the conditions indicated on this Platform, and you agree that it is your responsibility to verify the accuracy of any product and/or service information contained on this Platform directly with the applicable retailer. By using the Platform, you agree to release and hold harmless Bonial from and against any and all claims arising out of your use of, access to, or reliance on the information contained on the Platform.



Export Control

Software and other materials from the Platform may be subject to United States Export Control. The United States Export Control laws prohibit the export of certain technical data and software to certain territories. No software from the Platform may be downloaded or exported in violation of any such laws. Bonial does not authorize the exportation of any software or technical data from the Platform to any jurisdiction prohibited by the United States Export laws. In particular, but without limitation, the Platform may not be exported, re-exported, diverted, transferred, or disclosed (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. You represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government "watch list" of prohibited or restricted parties, including the Specially Designated Nationals list published by the Office of Foreign Assets Control of the U.S. Treasury or the Denied Persons List published by the U.S. Department of Commerce. You also agree that you will not use the Platform for any purposes prohibited by United States law.


Each of the United Nations Convention on Contracts for the International Sale of Goods and the United Nations Convention on the Limitation Period in the International Sale of Goods is hereby expressly excluded and will not apply to this Agreement.



App Platform Users

The use of the app version of the Platform requires use of a mobile device and wireless mobile data service, which must be obtained from your wireless carrier, and may require Internet access, which must be obtained from your service provider; you are responsible for obtaining and paying for such additional services and obtaining a suitable device, including without limitation all usage charges related thereto. You are required to send and receive, at your cost, electronic communications related to the Platform, including without limitation, administrative messages, service announcements, diagnostic data reports, and Platform updates, from Bonial, your mobile carrier or third party service providers. If you do not have an unlimited wireless mobile data plan, you may incur additional charges from your wireless service provider in connection with your use of the Platform. You are solely responsible for obtaining any additional subscription or connectivity services or equipment necessary to access the Platform, including but not limited to payment of all third party fees associated therewith, including fees for information sent to or through the Platform.


Bonial may, at its discretion, automatically download Platform updates to your device from time to time. You agree to accept these Platform updates, and to pay for any costs associated with receiving them. The Platform may not work with all devices or all mobile carriers. Bonial makes no representations that the Platform will be compatible with or provided by all mobile carriers. In the event that fees are charged for the Platform, or other third party service providers charge a fee for the products or services they provide, you agree to pay such fee to the respective party in exchange for your continued use of such products or services. Some services may be subject to different or additional terms (including fees), which you will be required to agree to prior to your use of such services.



Users of the Apple Platform

If you download and use our iPhone or iPad App: You, the end-user of this Platform, acknowledge that this agreement is entered into by and between Bonial and you and not with Apple, Inc., and Apple, Inc. is not responsible for the Platform and/or its content. Notwithstanding the foregoing, you acknowledge that Apple, Inc. and its subsidiaries are third-party beneficiaries of this agreement and that Apple, Inc. has the right (and is deemed to have accepted the right) to enforce this agreement. You acknowledge that Apple, Inc. has no obligation whatsoever to maintain or support the Platform. You acknowledge that you have reviewed and agreed to the App Store Terms and Conditions (located online at http://www.apple.com/legal/itunes/us/terms.html#APPS), including the Usage Rules set forth therein. This agreement incorporates by reference the Licensed Application End User License Agreement (the "LAEULA") published by Apple, Inc. (located online at http://www.apple.com/legal/itunes/appstore/dev/stdeula/). For purposes of this Agreement, the Platform is considered the "Licensed Application" as defined in the LAEULA and Bonial is considered the "Application Provider" as defined in the LAEULA. If any terms of this Agreement conflict with the terms of the LAEULA, the terms of this agreement shall control. In the event of any failure of the Platform to conform to any applicable warranty set forth herein, you acknowledge that to the maximum extent permitted by applicable law, Apple, Inc. will have no other warranty obligation whatsoever with respect to the Platform, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty. You further acknowledge and agree that in no event will Apple, Inc. be responsible for any claims relating to the Platform (including, without limitation, a third party claim that the Platform infringes that third party's intellectual property rights) or your use or possession of the Platform, including but not limited to: (i) product liability claims; (ii) any claim that the Platform fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.



Third Party Websites

This Platform may hyperlink to sites and platforms not maintained by or related to Bonial. Hyperlinks are provided as a service to users and are not sponsored by or affiliated with this Platform or Bonial, and Bonial makes no representations or warranties about the content, completeness, or accuracy of those third party sites. Information you submit at a third party site accessible from this Platform is subject to the terms of that site's privacy policy, and Bonial has no control over how your information is collected, used, or otherwise handled.



Location Based Services and Usage Data

This Platform may use location-based services to locate you. If you choose to use the location-based services portion of this Platform, you consent to Bonial and/or its third party provider accessing your approximate or exact location. You also agree that Bonial and Bonial’s third-party vendors may collect and use technical and usage data and related information, including but not limited to technical information about your device, geolocation, date and time of Platform access, system and application software, and peripherals, that is gathered periodically to, among other things, facilitate the provision of software updates, product support, and other services to you (if any) related to the Platform. You also grant Bonial permission to use this information to improve its products or to provide services or technologies to you, as well as to provide advertising content in which Bonial believes you may be interested, including working with third parties who provide targeted advertising content. For more information, please see our Tracking Tools disclosure. You expressly consent to receive push notifications from and on behalf of Bonial.



Miscellaneous

Both you and Bonial acknowledge and agree that no partnership is formed and neither of you nor Bonial has the power or the authority to obligate or bind the other.


These Terms will be governed by and construed in accordance with the internal laws of Illinois without regard to conflicts of laws principles. By using this site, you hereby agree that any and all disputes regarding these Terms and/or use of the Platform not subject to the arbitration provision set forth herein will be subject to the courts located in Cook County, Illinois. YOU AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, ANY AND ALL DISPUTES, CLAIMS, AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THIS PLATFORM AND/OR THESE TERMS, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION. These Terms operate to the fullest extent permissible by law.


On certain areas of our Platform, you may be given the ability to provide us with personally identifiable information. Please read our Privacy Policy for more information about our information collection and use practices, which Policy applies to information you submit on this Platform, and you hereby agree to the terms of that Policy.


If Bonial fails to act with respect to your breach or anyone else's breach on any occasion, Bonial is not waiving its right to act with respect to future or similar breaches. If any provision of these Terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these terms of use and shall not affect the validity and enforceability of any remaining provisions. These Terms constitute a binding agreement between you and Bonial, and is accepted by you upon your use of the Platform. These Terms constitute the entire agreement between you and Bonial regarding the use of the Platform. By using the Platform you represent that you are capable of entering into a binding agreement, and that you agree to be bound by these Terms.


You acknowledge and agree that your acceptance of these Terms and your use of the Platform constitutes your “electronic signature” indicating your desire to use the Platform. Your “electronic signature” indicates your acceptance of this Agreement, and your consent to receive communications about this Agreement electronically. If you wish to receive communications in another manner, you may contact us at privacy@retale.com to change your communication preferences.