TERMS AND CONDITIONS
BypassLines, Inc. (“BypassLines” or “we”) offer the BypassLines Shopping Program (the “Program”) to allow members to earn cryptocurrency on purchases completed through the websites, applications, and other related properties (collectively, the “BypassLines Properties”) subject to these terms and conditions (” Agreement”). This Agreement constitutes a legally binding agreement between each individual who enrolls in the Program or otherwise uses any one of the BypassLines Properties (“Member” or “you”).
By enrolling in the Program or using any BypassLines Property, you acknowledge that you have read and understood this Agreement and agree to be bound by all of its terms, including the arbitration clause and class action waiver described in Section 20 below to resolve any disputes with BypassLines (except for matters that may be taken to small-claims court). BypassLines may modify this Agreement from time to time, with or without notice, and your continued use of the BypassLines Property after such modification shall be deemed to be your acceptance of any such modification. If you do not agree to any modification of this Agreement, you must immediately cease use of the BypassLines Properties, and will forfeit all right and claim to all Credits (whether denoted by BypassLines in cryptocurrency, USD or other terms) corresponding to your Account.
1. BypassLines Shopping Program
BypassLines receives a fee from the retailers, brands, merchants, and other partners participating in the Program (“Affiliate Stores”) for each Qualifying Purchase (as defined in Section 5.1). BypassLines in turn makes available to its Members a “reward” as cryptocurrency at the time of disbursement, subject to certain conditions hereunder. Participation in the Program and the opportunity to earn cryptocurrency are offered at the sole discretion of BypassLines and subject to your compliance with this Agreement.
2. Becoming a Member; Conditions and Definitions
3. Program License
Subject to this Agreement, we hereby grant you a non-exclusive, non-transferable license (without the right to sublicense) to access and use the BypassLines Properties for your personal use to access the Program. You agree that you obtain no rights other than the rights and licenses expressly granted in this Agreement. BypassLines reserves the right to change, upgrade, or discontinue the Program and any BypassLines Property or any feature of the Program or the BypassLines Properties, at any time, with or without notice. All rights not expressly granted under this Agreement are reserved by BypassLines or its licensors.
4. Program Restrictions
You agree that you will not, and will not permit others to: (i) damage, interfere with or unreasonably overload the BypassLines Properties; (ii) introduce into the BypassLines Properties any code intended to disrupt the Program; (iii) alter or delete any information, data, text, links, images, software, chat, communications and other content available through the BypassLines Properties ( collectively, “Content”); (iv) access the Program or the BypassLines Properties by expert system, electronic agent, “bot” or other automated means; (v) use scripts or disguised redirects to derive financial benefit from BypassLines; (vi) modify, reverse engineer, reverse assemble, decompile, copy or otherwise derive the source code of any BypassLines Property for any reason; (vii) rent, sell or sublicense any of the BypassLines Properties; (viii) provide any unauthorized third party with access to the Program; (ix) access confidential Content through the BypassLines Properties; (x) interfere with the operation of the Program, including, but not limited to, distribution of unsolicited advertising or mail messages and propagation of computer worms, digital ledger technology “mining” programs or similar, and viruses; (xi) post any material in any form whatsoever on the BypassLines Properties or within the Program that is disparaging to BypassLines or its agents, is defamatory, obscene or otherwise unlawful or violates any third party’s right of privacy or publicity; (xii) infringe any third party’s patent, copyright, service mark, trademark or other intellectual property right of any kind or misappropriate the trade secrets of any third party in connection with your use of the Program or the BypassLines Properties; (xiii) engage in any activity that does not comply with applicable law and regulations or otherwise engage in any illegal, manipulative or misleading activity through the use of the Program.
5. Earning Cryptocurrency
5.2 BypassLines Browser Extension
BypassLines may make available a browser extension for officially supported browsers, Chrome and Firefox (“Supported Browsers”), to enhance your shopping experience (“BypassLines Browser Extension”). If so, your use of BypassLines Browser Extension is subject to the following additional terms:
5.2.1 Affiliate Stores Tracking
When visiting a retailer’s website, the BypassLines Browser Extension will either create a tracking ticket and start a cryptocurrency rewards shopping session or visually prompt you to press a button to start your BypassLines cryptocurrency rewards shopping session. The BypassLines Browser Extension may also alert you of a deal or offer with respect to a product or brand appearing on your search results or other pages you visit across the web and prompt you to start a shopping session on an Affiliate Store’s site. If you start a shopping session using the BypassLines Browser Extension, it will set a cookie on your computer for the purpose of tracking your shopping session and crediting your cryptocurrency reward — just as if you had begun your shopping experience via any other BypassLines link. Please note, however, that if you are referred to an Affiliate Store’s website from another affiliate marketing company (and, therefore, cookies or other similar tracking devices from such other affiliate marketing company are already present on your computer), the BypassLines Browser Extension will not be activated and you will not be able to start a BypassLines cryptocurrency rewards shopping session when you arrive at such Affiliate Store’s website.
5.2.2 Data Collection
5.2.3 Card Linked Offers
You may choose to engage in our “Card Linked Offers” program (“Program”). In order to register and partake in the Program, you will need to connect your credit card, bank account, or other financial institution (collectively “Bank Account”) with our platform to receive rewards. From time to time you may need to re-enter your credentials to reconnect your Bank Account depending on the security constraints laid out by your financial institution. It is your responsibility to ensure your Bank Account is active and connected in order to receive rewards. BypassLines shall not be held liable for any missed rewards as a result of a user’s inactive or disconnected Bank Account.
5.2.4 Periodic Updates
When installed, the BypassLines Browser Extension periodically communicates with our servers. We may update the BypassLines Browser Extension when a new version is released or when new features are added. Unless you turn of automatic updates, these updates occur automatically. If you turn off automatic updates, you will need to manually update the BypassLines Browser Extension to ensure that all such updates (e.g., security patches, bug fixes, new features, etc.) are added. We reserve the right to add features or functions to the BypassLines Browser Extension but have no obligation to make available to you any subsequent versions or new features of the BypassLines Browser Extension, including but not limited to when a technology provider terminates support or distribution for the BypassLines Browser Extension or feature thereof (e.g., Apple ending support for legacy Safari Extensions).
5.3 BypassLines Mobile App
BypassLines has made available a mobile app for officially supported mobile operating systems, currently iOS (“Supported Mobile Operating Systems”), to enhance your shopping experience (“BypassLines Mobile App”) . The use of BypassLines Mobile App is subject to the following additional terms:
5.3.1 Affiliate Stores Tracking
The BypassLines Mobile App will aggregate and present only Affiliate Stores, of which when making a selection the BypassLines Mobile App will create a tracking ticket and start a cryptocurrency rewards shopping session using an Affiliate Store’s native mobile app or on an Affiliate Store’s site within the BypassLines Mobile App. If you start a shopping session at an Affiliate Store’s site within the BypassLines Mobile App, it may set a cookie on your device, visible within the BypassLines Mobile App only, for the purpose of tracking your shopping session and crediting your cryptocurrency rewards. If you start a shopping session at an Affiliate Store’s native app via a BypassLines Mobile App link, the Affiliate Store is responsible for tracking your use of their native mobile app, and this may consist of using cookies or other tracking identifiers that are shared with BypassLines in order to complete your shopping session and credit your cryptocurrency rewards.
5.3.2 Periodic Updates
When installed, the BypassLines Mobile App periodically communicates with our servers. We may update the BypassLines Mobile App when a new version is released or when new features are added. Unless you turn of automatic updates, these updates occur automatically. If you turn off automatic updates, you will need to manually update the BypassLines Mobile App to ensure that all such updates (e.g., security patches, bug fixes, new features, etc.) are added. We reserve the right to add features or functions to the BypassLines Mobile App but have no obligation to make available to you any subsequent versions or new features of the BypassLines Mobile App, including but not limited to when a technology provider terminates support or distribution for the BypassLines Mobile App or feature thereof.
5.3.3 User Referrals
The BypassLines Mobile App may prompt you to share a referral code (“Referral Code”) via link or text. When sharing your Referral Code, your display name (“Display Name”), as selected at signup or while editing your profile, may be shared with future users you refer. As such, both your Referral Code and Display Name should be considered potentially public data.
5.4 Cryptocurrency Calculations
Each Qualifying Purchase shall occur on an applicable purchase date.
For orders on or after January 1st, 2022 at midnight UTC, BypassLines shall record the cryptocurrency value of the fee that BypassLines shall be entitled to receive from the applicable Affiliate Store which is attributable to your purchase as a Credit within your Account.
For orders prior to January 1st, 2022 at midnight UTC, BypassLines shall record the U.S. Dollar value of the fee that BypassLines shall be entitled to receive from the applicable Affiliate Store which is attributable to your purchase as a Credit within your Account. BypassLines shall thereafter convert foregoing Credit from U.S. Dollar terms to cryptocurrency terms on the day that BypassLines completes its reconciliation of the applicable transaction with the applicable Affiliate Store at a time within its discretion (i.e., typically, after giving effect to any applicable returns or refunds). The determination of the applicable rate for the foregoing USD-to-cryptocurrency Credit conversion shall remain within BypassLines’s reasonable discretion. The resulting cryptocurrency Credit will then be reflected in your Account.
6. Earnings Exclusions
Cryptocurrency is earned based on your net purchase amount, which excludes taxes, fees, shipping, gift-wrapping, discounts or credits, returns or cancellations, and extended warranties. Purchases of gift cards do not qualify for cryptocurrency. Cryptocurrency amounts vary by store and product category and may contain exclusion in the terms of the offer. Please review these terms carefully. BypassLines uses reasonable efforts to maintain a list of exclusions. The list of exclusions is subject to change without notice, and BypassLines hereby disclaims any and all liability in connection with any incorrect information or failure to include information on the list of exclusions.
7. Affiliate Store Policies
A product purchased from any Affiliate Store through the Program is governed by and subject to the applicable Affiliate Store’s policies, including applicable exchange and shipping policies, some of which may prohibit you from receiving cryptocurrency rewards on any products returned or exchanged regardless of original estimated reward on the initially purchased good or service. You agree that we are not agents of any Affiliate Store and that the Affiliate Stores operate independently and are not under our control with respect to the Program or otherwise. Accordingly, your participation in offers or promotions of, or correspondence with, any Affiliate Store is solely between you and that Affiliate Store. We do not assume any liability, obligation or responsibility for any part of such correspondence, offer or promotion, including, without limitation, the withdrawal or modification of any such offer or promotion. BypassLines is not responsible for changes to, or discontinuance of, any Affiliate Store, or for any Affiliate Store withdrawal from the Program, or for any effect on accrual of your USD or cryptocurrency Credits caused by such changes, discontinuance, or withdrawal. By consenting to this Agreement, you hereby expressly agree to indemnify and hold BypassLines harmless for any damages caused by any Affiliate Store with respect to your activities, including but not limited to particular policies, or changes in policy of any Affiliate Store.
8. Bonuses & Other Rewards
BypassLines may elect to offer bonuses or rewards for referring new Members to the Program or for other specific actions. The terms and conditions accompanying such offers will govern how they are earned and paid if the terms and conditions differ from this Agreement.
BypassLines reserves the right to withhold, deny, or cancel any bonuses and/or rewards and/or terminate your account if Company, in its sole discretion, deems any bonus and/or reward as fraudulent, abusive, unethical, suspicious, or otherwise inconsistent. This includes but is not limited to the act of self-referring multiple accounts, whereby a user refers themself at more than one email address in order to obtain multiple signup bonuses.
The referral bonus for any single user is variable.
9. Receiving Payment
As a condition of payment of accrued cryptocurrency Credits, you must establish and maintain an Active Account (defined below) with the information necessary to process your payment: a valid email address at which you are able to receive email, a valid cryptocurrency address, your first and last name, and a password to protect your Account. If you elect to close your Account and/or receive payment of your accrued Credits in U.S. Dollars, you must create a web-based account with BypassLines and provide us valid bank account information for purposes of such payment and such payout will be subject to deduction of BypassLines’s then-current applicable transaction fees. BypassLines shall not make any payment unless the accrued Credit value in the Account reaches at least $15 U.S. Dollars (whether denoted by BypassLines in USD terms, cryptocurrency terms, or both). As an absolute precondition of payment, you must not be a resident of a country subject to economic or trade sanctions by the U.S. State Department or U.S. Treasury Department’s Office of Foreign Assets Control (“OFAC”) or be listed as a “Specially Designated National,” a “Specially Designated Global Terrorist,” a “Blocked Person,” or similar designation under the OFAC sanctions regime. You further agree to provide any additional information we may reasonably request to verify your identity or the legitimacy of your transaction(s) as a condition for receiving payment.
BypassLines compensates members in cryptocurrency or other payment options which BypassLines may make available from time to time. Please note that Credit accrual rates vary depending on the Affiliate Store’s policies and reporting schedules. BypassLines reserves the right to delay the accrual of Credits for, or any subsequent payout based upon payment for any underlying purchase based on changes to the corresponding Affiliate Store policies at any time. BypassLines also reserves the right to modify the payment schedule at any time. BypassLines may at its discretion issue a temporary Credit while it researches missing or improperly credited orders with Affiliate Stores; BypassLines also reserves the right to reverse such a granted Credit in favor of the final reward issued by the Affiliate Store, if any. BypassLines also reserves the right to completely reverse the granted Credit if it is found that the Affiliate Store will not pay out on the corresponding reward. BypassLines is not responsible for payments delivered to the wrong cryptocurrency address through no fault of BypassLines, or for payment errors made by any bank or financial institution, or for any failure of the cryptocurrency network. Payments in US Dollars (USD): You hereby expressly authorize BypassLines’s service provider, Stripe, Inc. to originate credit transfers to your financial institution account.
9.3 Account Adjustments
In our sole discretion, we may deduct cryptocurrency or USD Credits from your Account in order to make adjustments for returns and cancellations with respect to Qualifying Purchases. Any such adjustments, however, will be made in accordance with this Agreement, any applicable BypassLines policies and terms, the terms of any corresponding Affiliate Store offers, and any and all applicable laws, rules, and regulations. The determination of whether a purchase made through a BypassLines Affiliate Store qualifies for Credits is at the sole discretion of BypassLines. If an Affiliate Store fails to report a transaction to BypassLines or fails to make payment to BypassLines for any reason, BypassLines reserves the right to cancel the Credits associated with that transaction. It is your responsibility to check your Account regularly to ensure that Credits (whether in USD or cryptocurrency terms) have been properly attributed and accrued, and that your Account balance is accurate. If you believe that cryptocurrency or USD has not been correctly credited to your Account, you must contact BypassLines Member Services within ninety (90) days of the transaction. Should you disagree with any adjustments made to your Account or payments made to you, agree that your sole remedy is to withdraw from the Program.
You may be taxed on your receipt of cryptocurrency or USD depending on the tax laws of federal, state, and local jurisdictions. You agree that you will be solely responsible for any and all tax liability arising out of the consideration received in connection with the Program.
10. PI – Personal Identifiers
BypassLines will, at its discretion, provide for the use of a personal identifier, known as a “PI.” You are entitled to a single PI and may choose to represent yourself publicly, pseudonymously, or anonymously with the PI of your choice. Once a PI is chosen, it may not be changed. BypassLines may provide services without warranty or guarantee that are specifically enabled by your PI. These services may change at any time. BypassLines can at any time revoke your PI for any reason, including but not limited to account suspension, the infringement of another user’s identity, a legal trademark, conflicting similarity with a renowned user, deceptive practices, or a reserved word. BypassLines reserves the right to amend its policy on PIs at any time for any reason. By using your PI, you hereby expressly agree to indemnify and hold BypassLines harmless from any form of claims against the use of your PI.
11. Updating & Maintaining Your Account
11.1 Updating Your Account
You agree to keep your Account information current, complete, and accurate by periodically updating the information through the BypassLines Properties. You must be logged into BypassLines and enter your password to change your Account information and payment preferences. You may check your Account status and recent earning history at any time via the BypassLines Properties. You will maintain the confidentiality of your Account information, including username and password by which you access the Program. Any use of your username and password will be deemed to be your use, and BypassLines is entitled to act on instructions received under your password and is not responsible for any credits or debits made to your Account by someone else who uses your password. If there is a breach of security through your Account, you must immediately change your password and notify us of such breach. You agree that, unless you have first notified us immediately of any such breach, we should assume that any instruction transmitted using your username and password is yours and has been authorized by you, and we will have no obligation to inquire into the propriety of such instruction. If you log into your Account through a Third-Party Platform (as defined in Section 13), certain information about you will be transferred to your Account (e.g., name, e-mail, “Likes”, etc.), and the fact that you have logged onto your Account and some of the foregoing transferred information may be available to other users of the Third-Party Platform. We will restrict access to any such transferred information about you to the extent required by the policies of any such Third-Party Platform, but all transferred information will otherwise be subject to the terms of this Agreement. If there is a breach of security of any such Third-Party Platform, you must immediately change your password and notify us of such breach. You agree that, unless you have first notified us immediately of any such breach, we should assume that any instruction transmitted after logging into your Account through such Third-Party Platform is yours and has been authorized by you, and we will have no obligation to inquire into the propriety of such instruction.
11.2 Maintaining Your Active Account
An Active Account means you must engage in one of the following activities within the past twelve (
12) months: (i) updated your Account information, (ii) have shopped or started a shopping session via the BypassLines Properties, (iii) have accrued cryptocurrency, or (iv) have logged into your Account. If your Account is inactive for more than twelve (12) consecutive months, BypassLines reserves the right to debit your BypassLines Account cryptocurrency Credits by 0.01 cryptocurrency per month to recover the cost of account maintenance until you reactivate your Account by engaging in one of the activities set forth above in items (i) to (iv), or until your Account cryptocurrency Credits equal zero. If the Credits in your inactive Account reach zero, BypassLines will close your Account permanently and cease to maintain your Account records and Program access. Nevertheless, the inactive account maintenance charge will not cause your Account to “become negative” and will not cause you to owe money to BypassLines.
11.3 Fraudulent Activity
We reserve the right to investigate any purchase transactions, referral activity, or interaction with any BypassLines Property that we believe, in our sole discretion, is abusing or has abused the Program. We reserve the right to rescind any cryptocurrency or USD Credits, bar further cryptocurrency or USD awards to, and/or terminate the Program membership of, any Member that we believe, in our sole discretion, is abusing or has abused the Program, including, without limitation, by engaging in a pattern of returning products after the corresponding cryptocurrency has been credited or making fraudulent referrals by creating multiple Accounts.
Any failure to comply with this Agreement, any fraud or abuse relating to the accrual or receipt of cryptocurrency or other rewards and bonuses, or any misrepresentation of any information furnished to BypassLines by you or anyone acting on your behalf may result in the termination of your membership in the Program and forfeiture of your accrued cryptocurrency rewards. If BypassLines has any reason to suspect fraudulent activity is associated with your Account, BypassLines reserves the right to delay or withhold payment of cryptocurrency. Any suspected or actual cases of fraud activity will be escalated and reviewed in accordance with our fraud policy.
Fraudulent and misleading transactions will not be rewarded, irrespective of intent (or lack thereof) on the part of the involved Members. This includes, without limitation, scenarios such as multiple BypassLines Members or Accounts (including those of married couples) sharing the same credit/debit account but linking multiple cards for that account to BypassLines. In cases like this, BypassLines can impose remedies in its sole discretion, including, but not limited to, electing to only reward the first linked credit/debit card, or terminating the account(s) and forfeiting all accrued cryptocurrency rewards.
BypassLines reserves the right to report fraudulent activity to law enforcement.
12. Receiving Communications
13. BypassLines Applications
BypassLines may make available software applications (“BypassLines Applications”) to assist Members in earning cryptocurrency without visiting www.BypassLines.com, including the BypassLines Browser Extension and BypassLines mobile application. For purposes of this Agreement, references to BypassLines Properties shall include BypassLines Applications. BypassLines Applications and their underlying information and technology may not be exported or re-exported into any country to which the U.S. has embargoed goods or to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. You represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list, and that you will otherwise comply with all applicable export control laws. If you are a U.S. government end user, we are licensing the BypassLines Application to you as a “Commercial Item” as that term is defined in the U.S. Code of Federal Regulations (see 48 C.F.R. § 2.101), and the rights we grant you to the BypassLines Applications are the same as the rights we grant to all others under this Agreement. Rewards may not be earned or transferred to countries outside of the United States (“Supported Countries”).
14. Third-Party Platforms
When you access or use the BypassLines Properties, we may make available services from one or more third parties (“Third-Party Platforms”). Users have the right to unsubscribe from offers related to the credit or debit card linked to their account (known as “Card Linked Offers”).
14.1 Social Sign On
The BypassLines Properties may support Third Party Platforms, including without limitation Facebook and/or Google, to make it easier for you to sign in or create your BypassLines Account. Any use of Third Party Platforms to create and access your BypassLines Account are subject to the terms and conditions and privacy policies of such third parties (“Third Party Terms”).
15. Community Standards
By participating in the Program, you are becoming a Member of a community that depends on the goodwill and responsible behavior of each of our Members. Members are required to refrain from transmission or communication of images or text constituting ethnic slurs, obscenities, sexually explicit material, inflammatory or derogatory comments, or anything else that may be construed as harassing or offensive, which is targeted at the Program, the BypassLines Properties, our employees, contractors or agents, our Affiliate Stores, or other Members. This includes communications by means of social media or other Internet posts which violate the above community standards or promote or encourage gaming or fraudulent behavior. Members who violate this provision, as determined by us in our sole discretion, may have their access to the Program suspended or terminated without prior notice.
All right, title, and interest in the Program, the BypassLines Properties, and the Content belong to BypassLines or its licensors. Additionally, BypassLines shall maintain all right, title, and interest in “BypassLines,” the BypassLines logo, and any other marks, service marks, trademarks, or logos of BypassLines (“BypassLines Marks”) that are registered in the U.S. and other countries. The BypassLines Marks may not be used in connection with any product or service that is not BypassLines in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits BypassLines. You shall not by any means bid on any keywords with any search engine containing “BypassLines” or anything substantially similar to “BypassLines” or any other BypassLines Mark including, without limitation BypassLines.com. You shall not mention or use BypassLines in any ad text, extensions or banner ads without the express written consent of BypassLines. All other trademarks not owned by BypassLines that are used in the Program are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by BypassLines.
You hereby release, acquit, hold harmless, forever discharge, and agree to indemnify BypassLines, any Affiliate Store, as well as their respective officers, directors, employees, successors, agents, and affiliates, for any and all claims, damages, losses and causes of action (including attorneys’ fees and court costs) arising out of or relating to your breach of this Agreement or for any materials in any form whatsoever that are provided by you (or through your username and/or password). You agree to cooperate as fully as reasonably required in our defense and/or settlement of any claim arising therefrom. We reserve the right, in our reasonable discretion, to assume exclusive control over the defense and settlement of any matter subject to indemnification by you.
18. Warranty Disclaimer
THE PROGRAM, CONTENT, AND THE BYPASSLINES PROPERTIES ARE PROVIDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. WE MAKE NO WARRANTY AS TO THE QUALITY, ACCURACY, CURRENTNESS, COMPLETENESS, RELIABILITY OR VALIDITY OF THE PROGRAM, CONTENT, OR THE BYPASSLINES PROPERTIES, INCLUDING, WITHOUT LIMITATION, ANY PRODUCT SEARCH RESULTS, PRODUCT DESCRIPTIONS, PRODUCT AVAILABILITY, PRICING INFORMATION ADVICE, OPINION, STATEMENT, RECOMMENDATIONS, OR OTHER INFORMATION DISPLAYED, UPLOADED, OR DISTRIBUTED IN CONNECTION WITH THE PROGRAM. BYPASSLINES DOES NOT WARRANT THAT THE FUNCTIONALITY OF THE BYPASSLINES PROPERTIES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THEY WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. FURTHER, BYPASSLINES DOES NOT WARRANT, GUARANTEE OR MAKE ANY REPRESENTATIONS REGARDING THE QUALITY OF, OR ACCURACY OF ADVERTISEMENTS FOR, ANY PRODUCTS OR SERVICES OFFERED OR PROVIDED BY ITS AFFILIATE STORES IN CONJUNCTION WITH THE PROGRAM.
19. Limitation on Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BYPASSLINES BE LIABLE FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE OR OTHER INDIRECT DAMAGES OR FOR ANY LOSS PROFITS, LOSS DATA OR LOSS OF USE DAMAGES, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BYPASSLINES’S MAXIMUM AGGREGATE LIABILITY ARISING OUT OF THIS AGREEMENT WILL NOT EXCEED FIFTY U.S. DOLLARS ($50).
20. Termination or Suspension
This Agreement is effective when accepted by you and will remain in effect until you or we terminate your membership in the Program. We may terminate this Agreement and your use of or access to the Program at any time, for any reason or no reason. Any violation of this Agreement or the rules and conditions of the Program may result in cancellation of your membership to the Program, your Account and/or forfeiture of pending or prior cryptocurrency awards. We may, in our sole discretion, at any time and without prior notice, discontinue, cancel, suspend, change or limit access to all or any part of the Program or any functionality, feature or other component of any BypassLines Property. You agree that BypassLines will not be liable to you or to any third party for any modification, suspension, or termination of the Program or your access to any of the BypassLines Properties. If you are dissatisfied with any aspect of the Program at any time, your sole and exclusive remedy is to cease participating in the Program. Upon any termination of the Program, your right to use and access the Program, and the BypassLines Properties, and to receive cryptocurrency, will terminate. Termination will not prejudice either your or our remedies at law or in equity.
21. Governing Law & Arbitration
The validity, construction, and interpretation of this Agreement, and the rights and duties of the parties hereto, will be governed by and construed in accordance with the laws of the State of North Carolina in the United States, excluding its conflicts of laws principles. However, as explained below, the agreement to arbitrate in the following paragraph is governed by United States federal law.
You agree that any dispute, claim or controversy arising out of or in connection with BypassLines’s business or this Agreement or relating in any way to the Program or the BypassLines Properties shall be determined by binding arbitration. You further agree that the U.S. Federal Arbitration Act and federal arbitration law shall govern the interpretation and enforcement of this Agreement to arbitrate, and any such arbitration hearing shall be heard in Durham, North Carolina.
Arbitration uses a neutral arbitrator instead of a judge or jury, and is more informal than a lawsuit in state or federal court. Discovery in arbitration is more limited than is generally available in the courts and the arbitrator’s decision is also subject to very limited appellate review by the courts.
You also agree to waive the right to a trial by jury or to participate in a class action. These waivers are mutual as between you and BypassLines, and BypassLines waives its right to a trial by jury or to participate in a class action against you. This means that neither you nor BypassLines can seek to assert class or representative claims against each other either in court or in arbitration and no relief can be awarded on a class or representative basis. The arbitrator also may not consolidate or join another person’s claim with your claim or issue an order that would achieve the same result. You and BypassLines further agree that if the provisions of this paragraph are found to be unenforceable, then the entire provision compelling arbitration shall be null and void.
You also agree that all issues are for the arbitrator to decide. This includes all issues related to the scope, application, interpretation and enforceability of this Agreement and this arbitration provision. The arbitrator shall also decide whether any claim is subject to arbitration.
The arbitration will be governed by the Commercial Arbitration Rules (the “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by this Agreement, and will be administered by the AAA. The AAA Rules are available online at https://www.adr.com. The arbitrator is bound by the terms of this Agreement. If you prevail in arbitration and your claim is for less than $10,000, BypassLines will reimburse you for filing fees at the conclusion of the proceeding unless your claim is found to be frivolous by the arbitrator.
In lieu of arbitration, you may also elect to have your claims decided in small-claims court, so long as the small-claims court does not permit class, representative, or consolidated actions, or the award of relief in favor of any person or entity that is not a named party to the small-claims action.
You may not assign your rights and obligations under this Agreement, in whole or in part, without our prior written consent, and any such assignment without such consent will be null and void.
Headings under this Agreement intended only for convenience and shall not affect the interpretation of this Agreement.
24. No Waiver; Severability
Any waiver or failure to enforce any provision of this Agreement on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion. If any provision of this Agreement is held to be invalid, such invalidity shall not affect the remaining provisions.
25. Entire Agreement
This Agreement represents the entire agreement of the parties with respect to the subject matter hereof, and supersedes all prior or contemporaneous agreements or representations, written or oral ( including without limitation, earlier versions of this Agreement that may have been accepted by you) . We reserve the right to modify this Agreement at any time. Your non-termination and continued participation in the Program or use of any BypassLines Property after modification of this Agreement will constitute affirmative acceptance by you of such modification and your consent to abide by any terms thereof.
Updated: March 3rd, 2022