Introduction
This User Agreement, the Brands of
Dominican Republic, BODR Privacy Policy, and all policies posted on our sites
set out the terms on which Brands of Dominican Republic, BODR offers you access
to, and use of, our sites, services, applications and tools (collectively
“Services”). All policies and the Brands of Dominican Republic, BODR Privacy
Policy are incorporated into this User Agreement. You agree to comply with all
the above when accessing and using our Services.
The entity you are contracting with is Brands of
Dominican Republic, BODR parent company and creator of www.BrandsofDominicanRepublic.com if you reside in Dominican Republic,
the United States, or any other country in the world.
This User Agreement is effective upon
accessing and using our services, through registration of a Brands of Dominican
Republic, BODR account or other electronic click-through since March 1st, 2014.
Revised February 28th, 2017.
Please be advised that this User Agreement contains
provisions that govern how claims you or we may have against each other are
resolved (see Disclaimer of Warranties; Limitation of Liability and Legal
Disputes provisions below). It also contains an Agreement to Arbitrate, which
will, with limited exception, require you to submit claims you have against us
to binding and final arbitration, unless you opt-out of the Agreement to
Arbitrate (see Legal Disputes, Section B (“Agreement to Arbitrate”)). Unless
you opt-out: (1) you will only be permitted to pursue claims against us on an
individual basis, not as a plaintiff or class member in any class or
representative action or proceeding and (2) you will only be permitted to seek
relief (including monetary, injunctive, and declaratory relief) on an
individual basis.
You represent and warrant to us that: (a) you are eligible to register
and use the Services and have the right, power, and ability to enter and
perform under this Agreement, and grant the rights, licenses, and authorizations
under this Agreement, (b) the name you provided when you registered is your
name or business name under which you sell goods and services, (c) you will use
the Services only to transact on your own account and not on behalf of any
other person or entity, (d) you will fulfill all of your obligations on
transactions to each user and Brands of Dominican Republic, BODR, and will
resolve any consumer dispute or complaint directly with the purchaser and/or us,
(e) you and all transactions initiated by you will comply with all law
applicable to you, and (f) you will not use the Services, directly or
indirectly, for any fraudulent or illegal undertaking or in any manner so as to
interfere with the use of the Services.
About Brands of Dominican Republic, BODR
Brands of Dominican Republic, BODR is an
e-commerce platform that allows users with a brand from Dominican Republic to
offer and sell their products and services, and allows consumers to buy just
about anything in a variety of pricing formats and locations. As a marketplace,
Brands of Dominican Republic, BODR does not own or sell most of the items
listed on this site, so the actual contract for sale is directly between the
sellers and buyers. Brands of Dominican Republic, BODR is not a traditional
marketplace.
While we may provide pricing, shipping
prices, and other guidance in our Services, such guidance is solely
informational and you may choose not to follow it. Also, while we may help
facilitate the resolution of disputes, Brands of Dominican Republic, BODR has
no control over and does not guarantee the existence, quality, safety or
legality of items advertised; the truth or accuracy of users’ content or
listings; the ability of sellers to sell items; the ability of buyers to pay
for items; or that a buyer or seller will complete a transaction or return an
item.
Using Brands of Dominican Republic, BODR
While using or accessing the Services
you will not:
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post, send us, list or upload content or
items in inappropriate categories or areas in our sites;
§
breach or circumvent any laws, third-party
rights or our systems, policies, or determinations of your account status;
§
use our Services if you are not able to
form legally binding contracts (for example if you are under 18), or are
temporarily or indefinitely suspended from using our sites, services,
applications or tools;
§
fail to pay for items purchased by you,
unless the seller has materially changed the item’s description after you bid,
a clear typographical error is made, or you cannot contact the seller;
§
fail to deliver items sold by you
through our services, unless the buyer fails to follow the posted terms, or you
cannot contact the buyer;
§
manipulate the price of any item or
interfere with other users’ listings;
§
post false, inaccurate, misleading,
defamatory, or libelous content;
§
take any action that may undermine the
feedback or rating systems
§
transfer your Brands of Dominican
Republic, BODR account (including Feedback) and user ID to another party
without our consent;
§
distribute or post spam, unsolicited or
bulk electronic communications, chain letters, or pyramid schemes;
§
distribute viruses or any other
technologies that may harm Brands of Dominican Republic, BODR services, or the
interests or property of Brands of Dominican Republic, BODR users;
§
use any robot, spider, scraper or other
automated means to access our Services for any purpose;
§
bypass our robot exclusion headers,
interfere with the working and functions of our Services, or impose an
unreasonable or disproportionately large load on our infrastructure;
§
export or re-export any Brands of
Dominican Republic, BODR application or tool except in compliance with the
export control laws of any relevant jurisdictions and in accordance with posted
rules and restrictions;
§
copy, modify, or distribute rights or
content from our Services or Brands of Dominican Republic, BODR’s copyrights
and trademarks;
§
copy, reproduce, reverse engineer,
modify, create derivative works from, distribute, or publicly display any
content (except for your information) from our sites, services, applications,
or tools without the prior express written permission of Brands of Dominican
Republic, BODR and the appropriate third party, as applicable;
§
commercialize any Brands of Dominican
Republic, BODR application or any information or software associated with such
application; or
§
harvest or otherwise collect information
about users, including email addresses, without their consent.
We may cancel unconfirmed accounts or
accounts that have been inactive for a long time or modify or discontinue our
Services.
Abusing Brands of Dominican Republic, BODR
Without limiting other remedies, we may
limit, suspend, or terminate our services and user accounts, restrict or
prohibit access to, and your activities on, our Services, delay or remove
hosted content, remove any special status associated with the account, we may
reduce or eliminate any discounts, and we may take technical and legal steps to
keep you from using our Services if:
§
we think that you are creating problems
or possible legal liabilities;
§
we think that such restrictions will
improve the security of the Brands of Dominican Republic, BODR community or
reduce our or another Brands of Dominican Republic, BODR user’s exposure to
financial liabilities
§
we think that you are infringing the
rights of third parties;
§
we think that you are acting
inconsistently with the letter or spirit of this User Agreement and/or our
policies;
§
despite our reasonable endeavors, we are
unable to verify or authenticate any information you provide to us; or
§
you fail to pay us all fees due for our
Services by your payment’s due date.
When a buyer or seller issue arises we
may consider the user’s performance history and the specific circumstances in
applying our policies. We may choose to be more lenient with policy enforcement
and to do the right thing for both, buyers and sellers.
Privacy Policy and Confidentiality
Limits on the use of information by our users. In connection with the Services,
you agree not to ask for or require any other user to provide any Card, bank
account, or other information related to a payment method. To facilitate the
transactions between our users, you may have access to certain personal
information, including without limitation names of customers or recipients,
e-mail addresses, telephone numbers, shipping addresses and other personally
identifiable information of users (collectively, “Personal Information”). You
will not, and will cause your affiliates not to, directly or indirectly: (a)
use any Personal Information in any way inconsistent with your privacy policy
or applicable law, (b) contact a person that has ordered your goods or services
to influence the person to use an alternative service and/or payment method for
a transaction that has been submitted through our Services, (c) disparage us,
our Affiliates, our third parties or any of their or our respective products or
services, (d) use any Personal Information in connection with any telemarketing
(or similar) campaign, or (e) target communications of any kind on the basis of
the intended recipient being a user of our Services or customer of ours or our
Affiliates. Subject to the foregoing, you may disclose and use Personal
Information as necessary to complete the transaction, to provide customer
service and for marketing purposes, provided that you post and maintain a
privacy policy outlining your handling and use of Personal Information that
complies with applicable law, and you provide customers the opportunity to
opt-out or opt-in (as required by applicable law) of receiving any marketing
communications (whether by you or any third party other than us and our
Affiliates). You may disclose Personal Information to a third party only if you
do not identify any user (or group of users) as a user of the Services or
customer of ours or our Affiliates and you ensure that every recipient uses the
information only for the purposes for which it was disclosed, and complies with
the restrictions applicable to you related to that information (including
without limitation under this Agreement and your privacy policy). You are
liable to us for any misuse or breach of such restrictions by such recipient.
The terms of this do not prevent you from using information that you collect
independently from the Services or information that you acquire without
reference to Personal Information for any purpose, even if such information is
identical to Personal Information; provided that, you may not target
communications of any kind on the basis of the intended recipient being a user
of our Service or customer of ours or our Affiliates.
Use of information: We share customer information only as described below
and with our subsidiaries, partners, third parties, holding company of Brands
of Dominican Republic, BODR, that either are subject to this Privacy Policy or
follow practices similar as those described in this Privacy Policy. The
information we collect is provided by the users, while using our Services. All the
information shared with us through our platforms is protected using Extended
Validation UCC SSL Certification. We work closely with third parties and
affiliated businesses. In some cases, they sell offerings to you at our Services.
In some cases, we operate stores, provide services, or sell product lines
jointly with these businesses. When a third party is involved in your
transactions, we share customer information related to those transactions with
that third party. We employ other companies and individuals to perform
functions on our behalf. Examples include fulfilling orders, delivering
packages, sending postal mail and e-mail, removing repetitive information from
brand and product descriptions and/or lists, analyzing data, providing
marketing assistance, providing search results and links (including paid
listings and links), processing credit card payments, and providing customer
service. They have access to personal information needed to perform their
functions, but may not use it for other purposes.
Promotional Offers: Sometimes we send offers to selected groups of Brands of
Dominican Republic, BODR customers on behalf of other businesses. When we do
this, we share with that business your name and address. If you do not want to
receive such offers, please opt-out of using our Services.
Business Transfers: As we continue to develop our business, we might sell or
buy stores, subsidiaries, or business units. In such transactions, customer
information generally is one of the transferred business assets but remains
subject to the promises made in any pre-existing Privacy Policy (unless, of
course, the customer consents otherwise). Also, in the unlikely event that Brands
of Dominican Republic, BODR, or substantially all of its assets are acquired;
customer information will of course be one of the transferred assets.
Protection of Brands of Dominican Republic, BODR and Others: We release account
and other personal information when we believe release is appropriate to comply
with the law; enforce or apply our Terms of Use and other agreements; or
protect the rights, property, or safety of Brands of Dominican Republic, BODR,
our users, or others. This includes exchanging information with other companies
and organizations for fraud protection, credit risk reduction, commercial and
marketing purposes of our service.
If you do not want to receive e-mail from our partners, third parties and/or
us, please opt-out of our newsletters. If you do not want to receive Terms of
Use and other legal notices from us, such as this Privacy Policy, those notices
will still govern your use of Brands of Dominican Republic, BODR, and it is
your responsibility to review them for changes. If you do not want us to use
personal information that we gather to allow third parties to personalize their
advertising to you, please do not provide any such information.
When you submit your personally identifiable information on these Services, you
are giving your consent to the collection, use and disclosure of your personal
information as set forth in this Privacy Policy. If you would prefer that we
not collect any personally identifiable information from you, please do not
provide us with any such information. The information you provide may be used
by us to create and deliver to you our newsletters, catalogs or surveys, or
other communications containing product information, promotions or information
concerning your order.
We may use the information you provide in aggregate form for internal business
purposes, such as generating statistics and developing marketing plans. We may
disclose any information, including personally identifiable information we deem
necessary in our sole discretion, to comply with any applicable law,
regulation, legal process or governmental request. We may also exchange
information, including personally identifiable information, with other
companies and organizations for credit fraud protection, risk reduction, and commercial
and marketing purposes of our service. Example: We may retain other companies
and individuals to perform functions on our behalf. Examples include without
limitation data analysis firms, customer support specialists, as well as marketing
efforts and fulfillment companies. Such third parties may be provided with
access to personally identifiable information needed to perform their
functions, but may not use such information for any other purposes. This
service may contain links to or from other Web sites. Please be aware that we
are not responsible for the privacy practices of other Web sites. This Privacy
Policy applies only to the information we collect on these Services. We
encourage you to read the privacy policies of other Web sites you link to from
our Services or visit otherwise.
We may revise this Privacy Policy from time to time. If we decide to change our
Privacy Policy, we will post the revised policy here. As we may make changes at
any time without notifying you, we suggest that you periodically consult this
Privacy Policy. Please note that our rights to use your personally identifiable
information will be based on the privacy policy in effect at the time the
information is collected.
Confidential Information. You may receive information relating
to us, our Affiliates, Third Parties or to the Services that is not known to
the general public (“Confidential Information”). You agree that: (a) all
Confidential Information will remain our exclusive property, (b) you will use
Confidential Information only as is reasonably necessary for your participation
in the Services, and (c) you will not otherwise disclose Confidential
Information to any other person.
Fees
To subscribe to Brands of Dominican Republic, BODR,
have your products uploaded, and be assisted in creating and generating content
is free of charge. However, a minimum fee of 30% on the product-listing
price shall be applied to each transaction between a buyer and a seller. If
the transaction is cancelled or revoked for any reason, Brands of Dominican
Republic, BODR is not obligated to reimburse its commission or fee. We may
change our fees from time to time by posting the changes on the Brands of
Dominican Republic, BODR site 10 days in advance, but with no advanced notice
required for temporary promotions.
The monthly subscribers to our monthly
surprise boxes will have the monthly fee deducted automatically from the
payment information provided every month until the subscription is cancelled by
the consumer. The cancellation must be done 15 days prior to the date in which we’re
supposed to deduct the amount from their payment information.
You must have a payment method on file
when selling on Brands of Dominican Republic, BODR and pay all fees and
applicable taxes associated with our Services by the payment’s due date. If
your payment method fails or your account is past due, we may collect fees owed
using other collection mechanisms. (This includes charging other payment methods
on file with us, as well as retaining collection agencies and legal counsel). Brands
of Dominican Republic, BODR, or the collection agencies we retain, may also
report information about your account to credit bureaus, and, as a result, late
payments, missed payments, or other defaults on your account may be reflected
in your credit report. If you wish to dispute the information Brands of
Dominican Republic, BODR reported to a credit bureau (i.e., Experian, Equifax
or TransUnion) please contact us (postal) at Brands of Dominican Republic, BODR,
Ave. Independencia 1813, Proyecto Feria de la Independencia, Sector Honduras.
If you wish to dispute the information a collection agency reported to a credit
bureau regarding your Brands of Dominican Republic, BODR account, you must
contact the collection agency directly.
Listing Conditions
When supplying an item to be listed, the seller agrees
to comply with the rules for listing and selling products using Brands of Dominican Republic, BODR. The seller hereby also agrees that:
§
He shall be responsible for the accuracy
and content of the listing(s) and item(s) offered.
§
His listing(s) may not be immediately
searchable by keyword or category for several days. Brands of Dominican
Republic, BODR can’t guarantee exact listings’ durations.
§
We strive to create a marketplace where
buyers find what they are looking for. Therefore, the appearance or placement
of listings in search and browse results will depend on a variety of factors
including, but not limited to:
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buyer’s location, search query, browsing
site, and history;
§
item’s location, listing
format, price and shipping cost, terms of service, history, and relevance
to the user query;
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seller’s history, seller’s ratings, and
Feedback; and
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number of listings matching the buyer’s
query.
§
Accordingly,
to drive a positive user experience, a listing may not appear in some searches
and browsing results regardless of the sort order chosen by the buyer.
§
Some advanced listing upgrades will only
be visible on certain Services.
Purchase Conditions
When buying an item, you agree to
the rules for buyers and that:
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You are responsible for reading the full
item listing and description before making a commitment to buy.
§
You enter a legally binding contract to
purchase an item when you commit to buy an item.
§
We do not transfer legal ownership of
items from the seller to the buyer.
International Buying and Selling
Many of our Services are accessible to
international buyers. We may offer certain programs, tools, and site
experiences of particular interest to international buyers, such as
international shipping calculation tools. Sellers are responsible for complying
with all laws and regulations applicable to the international sale, purchase,
and shipment of items.
We will display your listing(s) on the Brands
of Dominican Republic, BODR site where you listed your item for sale, including
those situations in which international shipping is needed.
To assist users who may speak different
languages, we may translate listings and other user and/or Brands of Dominican
Republic, BODR content, in whole or part, into other languages. If you are a
buyer, we may also provide you with access to tools with which you can request
a translation of certain content on our sites such as texts from a listing’s
name and/or description, or a message from a Brands of Dominican Republic, BODR
user. The accuracy or availability of such on-demand translations are not
guaranteed.
Content
When providing us with content or delegating
to us content creation for your brand using Brands of Dominican Republic,
BODR’s Services, you grant us a non-exclusive, worldwide, perpetual,
irrevocable, royalty-free, sub licensable (through multiple tiers) right to
exercise any and all copyright, publicity, trademarks, database rights, and
intellectual property rights you have in the content, in any media known now or
in the future. Furthermore, to the fullest extent permitted under applicable
law, you waive your moral rights and promise not to assert such rights against
us, our sublicenses or assignees.
You represent and warrant that none of
the following infringe any intellectual property right: your provision of
content to us, your posting of content using the Services, and our use of such
content (including works derived from it) in connection with the Services.
We may offer catalogs of stock images,
descriptions and product specifications that are provided by third-parties
(including Brands of Dominican Republic, BODR users). You may use catalog
content solely in connection with your Brands of Dominican Republic, BODR
listings.
While we try to offer reliable data, we
cannot promise that the catalogs will always be accurate and up-to-date, and
you agree that you will not hold our catalog providers or us responsible for
inaccuracies in the catalogues. The catalog may include copyrighted,
trademarked or other proprietary materials. You agree not to remove any copyright,
proprietary or identification markings included within the catalogs or create
any derivative works based on catalog content (other than by including them in
your listings).
Restrictions. You may not, and may not attempt to, directly or
indirectly: (a) transfer, sublicense, loan, sell, assign, lease, rent, act as a
service bureau, distribute or grant rights to any person or entity in the
Services of Brands of Dominican Republic, BODR, (b) remove, obscure, or alter
any notice of any Trademark, or other intellectual property or proprietary
right appearing on or contained within the Services on any Brands of Dominican
Republic, BODR materials, (c) modify, alter, tamper with, repair, or otherwise
create derivative works of any software included in Brands of Dominican
Republic, BODR; provided that, the foregoing shall not prevent you from making
derivatives of software that is designated by us as “sample code” or is
otherwise made available by us on the Site in accordance with separate license
terms accompanying such softwares expressly permitting the creation of
derivatives, or (d) reverse engineer, disassemble, or decompile the Services or
apply any other process or procedure to derive the source code of any software
included in the Brands of Dominican Republic, BODR materials or as part of the
Services. All rights granted to you in this Agreement are conditional on your
continued compliance with this Agreement, and will immediately and
automatically terminate if you do not comply with any term or condition of this
Agreement. During and after the Term, you will not assert, nor will you
authorize, assist, or encourage any third party to assert, against us or any of
our affiliates, customers, vendors, business partners, or licensors, any patent
infringement or other intellectual property infringement claim regarding any
Services you have used.
Suggestions. If you provide any suggested improvements to
the Service Offerings (“Suggestions”) to us or our affiliates, we will own all
right, title, and interest in and to the Suggestions, even if you have
designated the Suggestions as confidential. We and our affiliates will be
entitled to use the Suggestions without restriction. You hereby irrevocably
assign to us all right, title, and interest in and to the Suggestions and agree
to provide us any assistance we may require to document, perfect, and maintain
our rights in the Suggestions.
Trademarks. “Brands of Dominican Republic, BODR” its Logo
and Design, and other related designs, graphics, logos, page headers, button
icons, scripts, and service names that we provide in connection with your use
of the Services are trademarks, registered trademarks or not, or trade dress of
Brands of Dominican Republic, BODR, or its Affiliates in Dominican Republic, the
U.S.A., and/or other countries (collectively, “Trademarks”). You may use the
Trademarks only as expressly permitted herein. All other trademarks not
owned by us that appear on the Site in connection with the Services are the
property of their respective owners, who may or may not be affiliated with,
connected to, or sponsored by us.
Use of Trademarks. Subject to the terms of this Agreement
and provided your Account is in good-standing, we grant you a non-exclusive,
non-transferable, non-assignable, non- sublicensable,
revocable license to use the Trademarks on your websites, solely in
connection with the Services and solely in accordance with our trademark
guidelines and such other documentation as we may make available from time to
time; provided the names of those domains and subdomains do not contain any of
our Trademarks or any other trademark of Brands of Dominican Republic, BODR, or its Affiliates, or any confusingly similar
trademark (“Trademark License”). We may add, substitute, or remove Trademarks
from time to time, and you agree that you will add, substitute, or remove any
Trademarks, as we reasonably request, as promptly as reasonably possible.
You acknowledge that we and our Affiliates are the sole owners of the
Trademarks, and you agree to do nothing inconsistent with that ownership. Your
use of the Trademarks, and all goodwill arising out of it, will inure to the
sole benefit of us and our Affiliates, and will not create for you any right,
title, or interest in the Trademarks. You may not use the Trademarks in
connection with any product or service other than the Services, or in any
manner that is likely to (a) cause consumer confusion, (b) dilute the value of
any Trademark, (c) impair our ownership or rights in the Trademarks, or (d)
disparage or discredit us or our Affiliates. You may not modify or alter any
Trademark, nor shall you combine any Trademark with any other trademark, word,
symbol, letter, or design. You may not use any of our Trademarks or any
other trademark of Brands of Dominican Republic, BODR, or its Affiliates, or
any confusingly similar trademark, in the name of any domain name or
subdomain. You must use or display the Trademarks in a manner consistent
with the level of quality historically associated with our Trademarks, and you
must undertake any steps as we may reasonably request to assist us in
monitoring the quality of any of your products or services for which the
Trademarks are used. We have the right to monitor your use of the
Trademarks and the right to take all action we deem necessary to ensure that
the products or services for which you use the Trademarks are not diluting the
value of any Trademark. We may revoke this Trademark License at any time
in our sole discretion. We and our Affiliates may use your name, logo, service
name, or trademarks as designated by you solely as necessary to provide the
Services in accordance with our Specifications and other Policies (including
without limitation in co-branded web pages used to process orders). We and our
Affiliates may use your name or logo on any platform to identify you as a
participating merchant.
Additional Representations and Warranties. You represent and warrant to us
that: (a) any sales transaction submitted by you for our service will represent
a bona fide sale by you as described in the website or Application, (b) any
sales transactions submitted by you for our service and all Product Information
will accurately describe the goods and/or services sold and delivered to a
purchaser, (c) you will accurately and in compliance with applicable laws describe
your use of Personal Information and your use of the Services in your privacy
policy, (d) except in the ordinary course of business, no sales transaction
submitted by you through the Services will represent a sale to any principal,
partner, proprietor, or owner of your business or yourself as an individual,
and (e) you will not, and will not authorize any other party to, use any Public
Software in any manner that requires, pursuant to the license applicable to
such Public Software, that the Services or any Brands of Dominican Republic,
BODR materials be disclosed, licensed, distributed or otherwise made available
to anyone. “Public Software” means any software, documentation or other
material that contains, or is derived (in whole or in part) from, any software,
documentation or other material that is distributed as free software, open
source software (e.g., Linux) or similar licensing or distribution models,
including but not limited to software, documentation or other material licensed
or distributed under any of the following licenses or distribution models, or
licenses or distribution models similar to any of the following: (i) the GNU
General Public License (GPL); Lesser/Library GPL (LGPL), or Free Documentation
License; (ii) The Artistic License (e.g., PERL); (iii) the Mozilla Public License;
(iv) the Netscape Public License; (v) the Sun Community Source License (SCSL);
(vi) the Sun Industry Standards License (SISL); (vii) the BSD License; and
(viii) the Apache License.
Notice for Claims of Intellectual Property Violations
and Copyright Infringement Pursuant to Section 512(c) of Title 17 of the United
States Code We
respond to notices of alleged copyright infringement as required by the United
States Digital Millennium Copyright Act.
Authorization to Contact You
Electronic Notices and Your Consent. We primarily communicate with you via
the e-mail address we have on file for you. By registering for the Services and
using them, therefore accepting the terms of this Agreement, you affirmatively
consent to receive notices electronically from us, our affiliates and third
parties (your “Consent”). You agree that we may provide all communications and
transactions related to the Services and your Payment Account, including
without limitation agreements related to the Services, amendments or changes to
such agreements, or any Policies, disclosures, notices, transaction
information, statements, policies (including without limitation notices about
our Privacy Notice), responses to claims, and other customer communications
that we may be required to provide to you by law (collectively, “Communications”)
in electronic format. Communications may be posted to the Site or sent by
e-mail to the e-mail address we have on file for you, and all such
Communications will be deemed to be in “writing” and received by you when sent
to you. You are responsible for printing, storing, and maintaining your own
records of such Communications. You must send notices to us at the designated
e-mail address(es) on the Site. We reserve the right to discontinue or modify
how we provide Communications. We may give you prior notice of any change.
You’re continued Consent is required to use your Payment Account. To withdraw
your Consent, you will need to notify us via e-mail and telephone. You agree to
receive calls, including autodialed and/or pre-recorded message calls, from Brands
of Dominican Republic, BODR, affiliates, or third parties at any of the
telephone numbers (including mobile telephone numbers) that we have collected
for you as authorized and described in our Privacy Policy, including telephone
numbers you have provided us, or that we have obtained from third parties or
collected by our own efforts. If the telephone number that we have collected is
a mobile telephone number, you consent to receive SMS or other text messages at
that number. Standard telephone minute and text charges may apply if we contact
you at a mobile number or device. You agree we may contact you in the manner
described above at the telephone numbers we have in our records for these
purposes:
§
To contact you for reasons related to
your account or your use of our Services (such as to collect a debt, resolve a
dispute, or to otherwise enforce our User Agreement) or as authorized by
applicable law.
§
To contact you for marketing,
promotional, or other reasons that you have either previously consented to or
that you may be asked to consent to in the future. If you do not wish to
receive such communications, you can opt-out of the communications by notifying
us and not using the service. We may share your telephone numbers with our service providers (such as
billing or collection companies) who we have contracted to assist us in
pursuing our rights or performing our obligations under the User Agreement, our
policies, or any other agreement we may have with you. These service providers
may also contact you using normal, autodialed or prerecorded messages, calls, and/or
SMS or other text messages, only as authorized by us to carry out the purposes
we have identified above, and not for their own purposes. We may share your telephone numbers with
members of the Brands of Dominican Republic, BODR corporate family, our
affiliates, and/or third parties for their use as authorized under our Privacy
Policy.
Updating Your Information. It is your responsibility to ensure
that your e-mail address is accurate and remains current. To ensure that we are
able to provide you with important Communications, you must update us with any
change in your e-mail address, telephone or contact information. The scope of
this Consent applies to the e-mail address, telephone and contact information
that we currently have on file for you.
Requesting Paper Copies. Communications will not be
distributed in paper unless you contact us and request a paper version of a
particular document. We reserve the right to charge you a handling fee for any
notices that we physically mail to you at your request or due to any type of
failure in the process of sending you the information through e-mail.
Requirements. To access, view, and retain Communications, you
must have a computer with a JavaScript enabled Internet browser that supports
128-bit encryption (such as Microsoft Internet Explorer v5 or later) and access
to a personal, active e-mail account. You are responsible for any costs or fees
associated with these requirements, including without limitation charges for
telecommunication services. We will give you prior notice if we make a change
to the requirements for receiving Communications.
Additional Terms
When you sell goods or services using
our Services, you will cooperate with us to meet the 2 business day delivery time
frame in which you need to provide us with the product sold through our
Services if the delivery si not being handled by the seller, as well as resolve
any complaints submitted by the buyer through our Services. You will respond to
our inquiries and deliver any information requested by us regarding any
disputed sales transactions within 2 business days of our request. If we
receive a claim concerning one of your transactions where the item or items were
sent by the seller directly, the seller will deliver to us within 2 business
days: (a) proof of delivery of the applicable goods, (b) the applicable
transaction identification number, (c) a description of the applicable goods,
(d) a copy of the receipt provided to the buyer for the applicable transaction,
and (e) any other information or documents related to the transaction that we
reasonably request.
Customer Service. Unless stated otherwise elsewhere
in this Agreement, sellers will be solely responsible for all customer service
issues related to their goods or services, order fulfillment, order
cancellation by them or the customer, returns, refunds and adjustments, and
feedback concerning experiences with your personnel, policies or processes. In
performing customer service, you will always present yourself as a separate
entity from us. You will be solely responsible for all customer service issues
relating to any Payment Account, payment, Card processing, debiting or
crediting.
§
Returns
If the buyer returns an item because it
does not match the listing’s description, the seller generally is responsible
for return shipping costs. There will be no refunds on correctly delivered
orders. If the product is damaged due to its delivery, please contact us.
§
Delivery Errors and Nonconformities;
Product Recalls. Sellers are responsible for any non-delivery, misdelivery,
theft or other mistake or act in connection with the fulfillment and delivery
of their goods or services. Sellers are also responsible for any non-conformity
or defect in, or any public or private recall of, any of their goods or
services. Sellers will notify us promptly as soon as they have knowledge of any
public or private recalls of their goods or services.
§
Shipping and International Shipping
We ship to all 50 states and US territories. The
shipping of the items sold in the Brands of Dominican Republic, BODR e-commerce
will be sent through the United States Postal Services (USPS), United Parcel
Service (UPS), or any other independent shipping courier or service provider.
For USPS deliveries, the cost is calculated by the USPS Application Programming
Interface (API) for the USPS shipping calculator. For UPS deliveries, the cost
is calculated by the UPS Rating Application Programming Interface for the UPS
shipping calculator. For some products the cost of the shipping is included in
its price and it will be mentioned in the products description. For those
products that the shipping is not included in their price, the USPS or UPS
shipping calculator will determine the cost for the shipping. In the event that
the products need to be shipped through a national, private or independent
shipping service provider or courier, the shipping costs will be invoiced to
the buyer who then will proceed to complete the payment for the shipping costs.
The order will not be shipped until shipping costs payments are met by the
buyer. The cost of the shipping is based on a variety of factors, like but not
limited to the products dimensions, weight, packaging used, destination, and
prices established by the USPS, UPS, or any other shipping service provider
used in the order’s shipping delivery. Brands of Dominican Republic, BODR and its
affiliates are not liable for any errors or miscalculations displayed by the
shipping calculator. The shipping of the products is the responsibility of the
sellers and Brands of Dominican Republic, BODR will assist some of the sellers
in the process of shipping their products. Orders are packed and shipped on
Monday, Wednesday, and Friday afternoons. For domestic shipping (United States
and territories) it will take approximately from 5 to 7 business days (it may
be less or more) and for international shipping it will take approximately 3-5
weeks (it may be less or more). For items that are purchased by international
buyers through the Brands of Dominican Republic, BODR service, buyers agree to
pay all applicable shipping and import charges. Note that international shipments
may be subject to taxes, duties and custom fees, which are levied once your
package reaches the country of destination and are the responsibility of the
recipient. If an item is ineligible for international shipping and cannot be
shipped to your country, you’ll be notified after submitting your order. In
addition, the customer must be sure that the product can be lawfully imported
to the destination country before submitting the order. The customer may
benefit from international shipping tracking of the item from the parcel
processing facility through delivery.
§
Return of Refunded Merchandise. If
you receive a refund for a purchase but you fail to return the product to the
seller, we may charge you for the product consistent with the original
order. We do not issue refunds if a product or service turns out not to
meet your expectations or if the seller does not fulfill its commitments, and
we have no obligation to resolve any disputes related to any transaction.
§
Responsibilities under Buyer Dispute.
If you are a buyer and you are unhappy with any goods or services that you have
purchased using our Services, you should contact Brands of Dominican Republic,
BODR and/or the seller directly.
Disclaimer of Warranties; Limitation of Liability
We try to keep our Services safe,
secure, and functioning properly, but we cannot guarantee the continuous
operation of or access to our Services. Some notification functionalities in Brands
of Dominican Republic, BODR’s website and applications may not occur in real
time. Such functionality is subject to delays beyond Brands of Dominican
Republic, BODR’s control.
You agree that you are making use of our
Services at your own risk, and that they are being provided to you on an “AS
IS” and “AS AVAILABLE” basis. Accordingly, to the extent permitted by
applicable law, we exclude all express or implied warranties, terms and
conditions including, but not limited to, implied warranties of
merchantability, fitness for a particular purpose, and non-infringement.
In addition, to the extent permitted by
applicable law, we (including our parent company, subsidiaries, affiliates,
third parties, officers, directors, agents, parent company and employees) are
not liable, and you agree not to hold Brands of Dominican Republic, BODR
responsible, for any damages or losses (including, but not limited to, loss of
money, goodwill or reputation, profits, or other intangible losses or any
special, indirect, or consequential damages) resulting directly or indirectly
from:
§
- your use of or your inability to use
our Services;
§
- pricing, shipping or other guidance
provided by Brands of Dominican Republic, BODR;
§
- delays or disruptions in our Services;
§
- viruses or other malicious software
obtained by accessing, or linking to, our Services;
§
- glitches, bugs, errors, or
inaccuracies of any kind in our Services;
§
- damage to your hardware device from
the use of any Brands of Dominican Republic, BODR Services;
§
- the content, actions, or inactions of
third parties, including items listed using our Services or the destruction of
allegedly fake items;
§
- a suspension or other action taken
with respect to your account or breach of the Abusing Brands of Dominican
Republic, BODR section above;
§
- the duration or manner in which your
listings appear in search results as set out in the Listing Conditions section
above; or
§
- your need to modify practices,
content, or behavior or your loss of or inability to do business, as a result
of changes to this User Agreement or our policies. Some jurisdictions do not allow the
disclaimer of warranties or exclusion of damages, so such disclaimers and
exclusions may not apply to you.
Release
If you have a dispute with one or more users, you
release us (and our affiliates, third parties and subsidiaries, and our and
their respective officers, directors, employees, parent companies and agents)
from claims, demands and damages (actual and consequential) of every kind and
nature, known and unknown, arising out of or in any way connected with such
disputes. In entering into this release you expressly waive any
protections (whether statutory or otherwise) that would otherwise limit the
coverage of this release to include only those claims, which you may know or
suspect to exist in your favor at the time of agreeing to this release.
Assignment. You may not assign or transfer any rights,
obligations, or privileges that you have under this Agreement without our prior
written consent. Subject to the foregoing, this Agreement will be binding on
each party’s successors and permitted assigns. Any assignment or transfer in
violation of this section will be deemed null and void.
No Waiver. We will not be considered to have waived any of
our rights or remedies, or portion of them, unless the waiver is in writing and
signed by us. Our failure to enforce the strict performance of any provision of
this Agreement will not constitute a waiver of our right to subsequently
enforce such provision or any other provisions of this Agreement.
No Agency. Nothing in this Agreement is intended to or
creates any type of joint venture, employee-employer, creditor-debtor, escrow,
partnership, or any fiduciary relationship between you, us or our Affiliates.
Further, except as expressly stated, for the limited purpose of processing
payments in accordance with the seller Accounts: (a) neither party shall be
deemed to be an agent or representative of the other by virtue of this
Agreement, (b) neither party is authorized to, or will attempt to, create or
assume any obligation or liability, express or implied, in the name of or
otherwise on behalf of the other party, and (c) without limiting the generality
of the foregoing, neither party will enter into any contract, agreement, or
other commitment, make any warranty or guaranty, or incur any obligation or
liability in the name or otherwise on behalf of the other party.
Indemnity
You will indemnify and hold us (and our
affiliates and subsidiaries, and our and their respective officers, directors,
employees, agents) harmless from any claim or demand, including reasonable
legal fees, made by any third party due to or arising out of your breach of this
Agreement, your improper use of Brands of Dominican Republic, BODR’s Services
or your breach of any law or the rights of a third party.
Legal Disputes
You and Brands of Dominican Republic,
BODR agree that any claim or dispute at law or equity that has arisen or may
arise between us relating in any way to or arising out of this or following
versions of the Brands of Dominican Republic, BODR Terms of Use and Agreement,
your use of or access to Brands of Dominican Republic, BODR’s sites, services,
applications and tools, or any products or services sold or purchased through Brands
of Dominican Republic, BODR’s sites, services, applications, or tools will be
resolved in accordance with the provisions set forth in the Term of Use. Please
read this Section carefully. It affects your rights and will have a substantial
impact on how claims you and we may have against each other are resolved.
1.
Applicable Law
You agree that the laws of the Dominican
Republic, without regard to principles of conflict of laws, will govern the
User Agreement and any claim or dispute that has arisen or may arise between
you and Brands of Dominican Republic, BODR, except as otherwise stated in the
User Agreement.
1.
Agreement to Arbitrate
You and Brands of Dominican Republic,
BODR each agree that any and all disputes or claims that have arisen or may
arise between you and Brands of Dominican Republic, BODR relating in any way to
or arising out of this or following versions of the User Agreement, your use of
or access to Brands of Dominican Republic, BODR’s Services, or any products or
services sold, offered, or purchased through Brands of Dominican Republic,
BODR’s Services shall be resolved exclusively through final and binding
arbitration, rather than in court, except that you may assert claims in small
claims court, if your claims qualify. The Federal Arbitration Act governs
the interpretation and enforcement of this Agreement to Arbitrate.
1.
Prohibition of Class and Representative
Actions and Non-Individualized Relief
YOU AGREE THAT YOU MAY BRING CLAIMS
AGAINST US ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER
IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU
AND BRANDS OF DOMINICAN REPUBLIC, BODR AGREE OTHERWISE, THE ARBITRATOR MAY NOT
CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS, AND MAY NOT
OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS
PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY,
INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY
SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED
BY THAT PARTY’S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER BRANDS
OF DOMINICAN REPUBLIC, BODR USERS.
2.
Arbitration Procedures
Arbitration is more informal than a
lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or
jury, and court review of an arbitration award is very limited. However, an
arbitrator can award the same damages and relief on an individual basis that a
court can award to an individual. An arbitrator should apply the terms of
the User Agreement as a court would.
The arbitrator, and not any federal,
state, or local court or agency, shall have exclusive authority to resolve any
dispute arising out of or relating to the interpretation, applicability,
enforceability or formation of this Agreement to Arbitrate, any part of it, or
of the User Agreement including, but not limited to, any claim that all or any
part of the Agreement to Arbitrate or User Agreement is void or voidable.
The arbitration will be conducted by the American
Arbitration Association (“AAA”) rules and procedures, including the AAA’s
Supplementary Procedures for Consumer-Related Disputes (as applicable), as
modified by this Agreement to Arbitrate. The AAA’s rules are available
at www.adr.org. A form for initiating arbitration proceedings is
available on the AAA’s site at http://www.adr.org. In addition to filing this form with
the AAA in accordance with its rules and procedures, you must send a copy of
the completed form to us at the following address to initiate arbitration
proceedings: Brands of Dominican Republic, BODR, Ave. Independencia 1813,
Proyecto Feria de la Independencia, Sector Honduras
3.
Costs of Arbitration
Regardless of the value of the relief,
User (agreeing party) will pay all fees for all filing, administration and
arbitrator fees associated with arbitration. The arbitration shall be held in a
county of mutual accordance between the parties. If said parties cannot agree
to a mutual location said location will be determined by Brands of Dominican
Republic, BODR.
If the value of the relief sought is
$10,000 or less, you or Brands of Dominican Republic, BODR may elect to have
the arbitration conducted by telephone or based solely on written submissions,
which shall be binding between you (user) and Brands of Dominican Republic,
BODR subject to the arbitrator’s discretion to require an in-person hearing, if
the circumstances warrant. Attendance at an in-person hearing may be made by
telephone by you and /or Brands of Dominican Republic, BODR, unless arbitrator
requires otherwise.
The arbitrator will decide the substance
of all claims in accordance with the laws of the Dominican Republic, including
recognized principles of equity, and will honor claims of privilege recognized
by law. The arbitrator shall not be bound by rulings in prior arbitration
involving different Users and Brands of Dominican Republic, BODR, but is bound
by rulings involving the same Brands of Dominican Republic, BODR User to the
extent required by applicable law. The arbitrator’s award shall be final and
binding and judgment on the award rendered by the arbitrator may be entered in
any court having jurisdiction.
Failure
to arbitrate under agreement; petition to the court having jurisdiction for
order to compel arbitration; notice and service thereof; will incur the terms
and conditions as follows:
Attorneys’ Fees: In
the event User brings an action to enforce this Agreement Brands of Dominican Republic, BODR shall be
entitled to receive from the User party all reasonable attorneys’ fees and
costs incurred including, but not limited to, reasonable attorney’s and
paralegals fees, all court costs, and all costs and expenses of investigation
and expert witnesses through and including all appeals and post-judgment
proceeding up to a maximum of $10,000.
4. Severability
With the exception of any of the
provisions in Section 1 of this Agreement to Arbitrate (“Prohibition of Class
and Representative Actions and Non-Individualized Relief”), if an arbitrator or
court decides that any part of this Agreement to Arbitrate is invalid or
unenforceable, the other parts of this Agreement to Arbitrate shall still
apply. If an arbitrator or court decides that any of the provisions in Section
1 of this Agreement to Arbitrate (“Prohibition of Class and Representative
Actions and Non-Individualized Relief”) is invalid or unenforceable, then the
entirety of this Agreement to Arbitrate shall be null and void. The remainder
of the Agreement and its Legal Disputes Section will continue to apply.
5.
Opt-Out Procedure
IF YOU ARE A NEW BRANDS OF DOMINICAN
REPUBLIC, BODR USER, YOU CAN CHOOSE TO REJECT THIS AGREEMENT TO ARBITRATE
(“OPT-OUT”) BY MAILING US A WRITTEN OPT-OUT NOTICE (“OPT-OUT NOTICE”). THE
OPT-OUT NOTICE MUST BE POSTMARKED NO LATER THAN 5 DAYS AFTER THE DATE YOU
ACCEPT THE USER AGREEMENT FOR THE FIRST TIME. YOU MUST MAIL THE OPT-OUT NOTICE
TO BRANDS OF DOMINICAN REPUBLIC, BODR, ATTN: LITIGATION DEPARTMENT, RE: OPT-OUT
NOTICE, Ave. Independencia 1813, Proyecto Feria de la Independencia, Sector
Honduras.
This procedure is the only way you can
opt-out of the Agreement to Arbitrate. If you opt-out of the Agreement to
Arbitrate, all other parts of the Agreement and its Legal Disputes Section will
continue to apply to you. Opting out of this Agreement to Arbitrate has no
effect on any previous, other, or future arbitration agreements that you may
have with us.
6.
Future Changes to the Agreement to
Arbitrate
Notwithstanding any provision in the Agreement stating
the contrary, you and we agree that if we make any change to this Agreement to
Arbitrate (other than a change to any notice address or site link provided
herein) in the future, that change shall not apply to any claim that was filed
in a legal proceeding against Brands of Dominican Republic, BODR prior to the
effective date of the change. The change shall apply to all other disputes or
claims governed by the Agreement to arbitrate that have arisen or may arise
between you and Brands of Dominican Republic, BODR. We will notify you of
changes to this Agreement to Arbitrate by posting the amended terms on our
service at least 5 day before the effective date of the changes and by
providing notice through the Brands of Dominican Republic, BODR e-mail. If you
do not agree to these amended terms, you may ask to close your account within
the 5-day period and you will not be bound by the new terms. Moreover, if we
seek to terminate the Agreement to Arbitrate as included in the User Agreement,
any such termination shall not be effective until 5 days after the version of
the User Agreement not containing the Agreement to Arbitrate is posted in our
service, and shall not be effective as to any claim that was filed in a legal
proceeding against Brands of Dominican Republic, BODR prior to the effective
date of termination.
1.
Judicial Forum for Legal Disputes
Unless you and we agree otherwise, in
the event that the Agreement to Arbitrate above is found not to apply to you or
to a particular claim or dispute, either as a result of your decision to
opt-out of the Agreement to Arbitrate or as a result of a decision by the
arbitrator or a court order, you agree that any claim or dispute that has
arisen or may arise between you and Brands of Dominican Republic, BODR must be
resolved exclusively by a court located in Santo Domingo, Dominican Republic.
You and Brands of Dominican Republic, BODR agree to submit to the personal
jurisdiction of the courts located within Santo Domingo, Dominican Republic for
the purpose of litigating all such claims or disputes.
General
If any provision of this User Agreement
is held to be invalid, void or for any reason unenforceable, such provision
shall be struck out and shall not affect the validity and enforceability of the
remaining provisions. In our sole discretion, we may assign this User
Agreement, by providing notice of such assignment in accordance with the
Notices Section.
Headings are for reference purposes only
and do not limit the scope or extent of such section. Our failure to act with
respect to a breach by you or others does not waive our right to act with
respect to subsequent or similar breaches. We do not guarantee we will take
action against all breaches of this User Agreement.
We may amend this User Agreement at any time by
posting the amended terms on https://brandsofdominicanrepublic.com/terms-of-use. Our right to amend the User Agreement
includes the right to modify, add, or remove terms in the User Agreement.
Except as stated otherwise in this User Agreement or elsewhere, all amended
terms shall automatically be effective right after they are initially posted.
Additionally, we will notify you through the Brands of Dominican Republic, BODR
e-mail. This User Agreement may not otherwise be amended except through mutual
agreement by you and a Brands of Dominican Republic, BODR representative who
intends to amend this User Agreement and is duly authorized to agree to such an
amendment. The policies posted on our sites may be changed from time to time.
Changes take effect when we post them on the Brands of Dominican Republic, BODR
site. No agency, partnership, joint venture, employee-employer or
franchiser-franchisee relationship is intended or created by this User
Agreement.
The User Agreement, the Brands of Dominican Republic, BODR Privacy Policy, and all polices set forth the entire understanding and agreement between you and Brands of Dominican Republic, BODR and supersede all prior understandings and agreements of the parties.