The best brands at the best prices

Effective Date: August 3, 2020

Thank you for shopping at bestkeptsecret.com. We invite you to explore our product offerings and related materials presented on our web sites (which we collectively call the “Service”), but please note that your invitation is subject to your agreement with these Terms of Service, so please review these carefully.

AGREEMENT TO TERMS

These provisions, including the mandatory arbitration provisions, and the BKS Privacy Policy, Commercial Terms, as well as other terms or conditions that may be presented by us and accepted by you from time to time in connection with specific Service offerings or promotions (all of which we collectively refer to as the “Terms”), are a contract between our Customer and Festival Group, Inc, d/b/a BestKeptSecret, the provider of the Service (which we refer to in these Terms as “BKS,” “we” or “us”). BKS “Customer” is either (i) the individual user of the Service or (ii) a business or organization, where an individual initiates an account on behalf of that business or organization, providing an email address using the domain of such business or organization. When we refer to “you” in these Terms, we are referring to the Customer. If you are creating an account for a business or organization, you are representing and warranting to us, on behalf of the Customer, that you have the authority to bind the Customer to these Terms. By using the Service, you acknowledge that you have read and understand, and agree to be bound by, these Terms and our Privacy Policy. If you do not agree to be legally bound by these Terms and our Privacy Policy, do not use the Service.

MODIFICATION OF THESE TERMS

We may change, add or delete portions of these Terms at any time, in our sole discretion, as new features, technology, or legal requirements arise, so please check back from time to time. You may always determine if the Terms have changed by checking the Effective Date at the top of these Terms, and it is your responsibility to do so before using the Service. We will use reasonable efforts to notify you of any material changes by posting notice of the changes on the Service website, and/or, in our sole discretion, by email or other means. If we update these Terms, you are free to decide whether to accept the updated terms or to stop using the Service; your continued use of the Service after the effectiveness of that update will be deemed to represent your agreement with, and consent to be bound by, the new Terms. See Termination of Account for instructions on how to terminate your account. Except for changes made by us as described here, no other amendment or modification of these Terms shall be effective unless set forth in a written agreement expressly amending these Terms and bearing a written signature by you and us. For clarity, email or other communications will not constitute an effective written agreement for this purpose.



USE OF THE SERVICE

You may use the Service only in accordance with and subject to these Terms if you are at least 18 years old. In order to order any product from us, you must provide certain information to complete a purchase and/or establish an account. It is your obligation to ensure that all of the information, data and other materials you provide us in connection with the Service is true, accurate, current and complete. You are responsible for maintaining the confidentiality of your account and password. You are responsible for all activities that occur under your account or password, whether or not you know about or authorize them. You agree to immediately notify us in the event of any unauthorized use of your account or other breach of security. Use of the Service is void where prohibited by law.

BKSutilizes various skilled third-parties (“ Service Providers”) to provide technical or other services relating to all or part of our fulfillment of the Service, and you hereby agree that such involvement by these Service Providers is acceptable. Please see our Privacy Policy to understand the extent to which any third-party may have access to Customer Information.

ADDITIONAL TERMS RELATING TO THE SERVICE

The following terms and conditions apply to certain features of the BKS Service:

Shipping

BKS does not charge shipping costs on purchases. Shipment of the products you purchase on the Site are made by the Brand Partner(s) and not BKS. You agree that BKS has no obligation to ship any product you purchase in the Site. You agree that BKS may provide the Brand Partner(s) your shipping address for shipment of the products you purchase. All shipping is at the discretion of the Brand Partner(s) and BKS is not responsible for the determination of shipping method. As such BKS cannot guarantee a timeframe for delivery. BKS will provide tracking information for shipments as provided by the Brand Partners. An order with items from multiple Brand Partners will be shipped separately and will receive separate tracking information.

Product Descriptions

BKS uses reasonable efforts to display the products listed for sale via the Service as accurately as possible. However, BKS does not warrant that product descriptions or other content are accurate, complete, reliable, current or error-free, as we rely upon our vendor partners to provide information regarding their products. 

Product Availability

All offered products on the BKS website are subject to availability. BKS reserves the right to change the items offered via the Service at any time and without notice. The Service may contain information about the availability of products at the time of ordering, but the quantity of inventory actually available can change significantly and without notice. If a product is not available for shipping promptly after you place your order, you will be notified, and you may choose to order a different item that is then-currently available, to wait until the product is available (if it will be available again in a timely manner) or to cancel your order. BKSis not liable if products are not in stock or otherwise not available.

Feedback

We welcome feedback, comments and suggestions for improvements to the Service (“Feedback”). You can submit Feedback by emailing us at payments@bestkeptsecret.com. You acknowledge and agree: (i) Feedback does not contain confidential or proprietary information; (ii) BKS is not under any obligation of confidentiality, express or implied, with respect to any Feedback; (iii) BKS shall be entitled to use or disclose (or choose not to use or disclose) such Feedback for any purpose, in any way, including without limitation any and all reviews, suggestions, designs, concepts, photographs, testimonials and other items or materials (except for your personal information which is handled in accordance with our Privacy Policy); (iv) BKS may already have under consideration or in development ideas similar to or the same as such Feedback; (v) your Feedback automatically becomes BKS’s property without any obligation to you; and (vi) you are not entitled to any accounting, compensation or reimbursement of any kind from BKS under any circumstances. To be clear, BKS shall be entitled to utilize all Feedback in any way without restriction or obligation to you including, without limitation, in for advertising, promotional, product development or other commercial purposes. Without limiting these rights, you hereby grant BKS a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sublicensable and transferable license under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose. You agree that BKS is under no obligation to review or use any Feedback (including any messages) posted on or sent through the Service by you or any third party and assumes no responsibility or liability relating to any such Feedback. BKS, in its sole discretion, may monitor, not post or remove any Feedback.

Event Accessibility 

Sales events, and accompanying early access, are only available for a limited time at the dates listed on the Site. BKS, in its sole discretion, reserves the right to alter the terms of the event without notice.




Children

Children. No part of the program is directed to persons under eighteen (18) years of age (or the age of majority if greater than eighteen (18) years of age in their respective jurisdiction). IF YOU ARE UNDER EIGHTEEN (18) YEARS OF AGE (OR THE AGE OF MAJORITY IF GREATER THAN EIGHTEEN (18) YEARS OF AGE IN YOUR RESPECTIVE JURISDICTION), YOU MAY NOT USE, ACCESS OR PARTICIPATE IN THE PROGRAM AT ANY TIME OR IN ANY MANNER.

Content Ownership and Use.

  1. BKS online platform and the Program contain content that includes: designs, text, graphics, images, video, information, logos, button icons, software, audio files, computer code, and other content (collectively, "Content"). All Content is the property of the BKS or its licensors and is protected under copyright, trademark, and other laws. The compilation (meaning the collection, arrangement, and assembly) of all Content on BKS online platform or the Program is the exclusive property of BKS and is protected by copyright, trademark, and other laws.

  1. License to You

  1. BKS authorizes you, subject to these terms, to access and use BKS online platform, the Program, and the Content solely for your personal, noncommercial use. This license is revocable at any time without notice and with or without cause. Unauthorized use of the Content may violate copyright, trademark, and applicable communications regulations and statutes and is strictly prohibited. You must preserve all copyright, trademarks, service marks, and other proprietary notices contained in the original Content on any copy you make of it.
  2. Trademarks

  1. The registered or unregistered logos, product and service names contained in BKS online platform or the Program are or may be trademarks of BKS or its licensors (the "Marks"). Without BKS prior written permission, and except as solely enabled by any link as provided by BKS, you agree not to display or use in any manner the Marks.
  2. User-Submitted Content

  1. The registered or unregistered logos, product and service names contained in BKS online platform or the Program are or may be trademarks of BKS or its licensors (the "Marks"). Without BKS prior written permission, and except as solely enabled by any link as provided by BKS, you agree not to display or use the Marks in any manner.



OWNERSHIP OF THE SERVICE

Ownership

The Service and all content available or presented through the Service (including all intellectual property of any nature, whether registered or unregistered, including all text, design, graphics, logos, icons, images, audio clips, downloads, interfaces, code and software, as well as the selection and arrangement thereof) are the exclusive property of and owned by BKS and its respective vendors, licensors or content providers, and is protected by copyright, trademark and other applicable U.S. and foreign laws. You may not reproduce by any means or process (except as expressly provided herein), in whole or in part, distribute, publish, transmit, create derivative works based on, modify or sell any material contained within the Service. The “BKS” trademark and all other BKS related marks and logos, and third party trademarks and logos, whether registered or not registered, displayed via the Service, as well as the domain name "bestkeptsecret.com," are and will remain the exclusive property of BKS or such third party, as applicable. Any reproduction, distribution, transmission, modification or use of any such trademarks or logos by you for any purpose is prohibited. You may not remove any copyright, trademark or other proprietary notice contained in the Service or any content contained therein.

Limited License

Subject to these Terms, we hereby grant you a limited, revocable, non-transferable and non-exclusive license to access and use the Service by displaying the content provided therein via your internet browser or device only for the purpose of shopping for personal items sold via the Service and not for any commercial use or use on behalf of any third party, except as explicitly permitted by us in writing in advance. Any breach of these Terms shall immediately revoke the license granted in this paragraph without notice to you.

Use Restrictions

You may not use the Service for any purpose that is unlawful or prohibited by these Terms, or to solicit the performance of any illegal activity or other activity which infringes the rights of BKS or others. Notwithstanding any other rights or restrictions in these Terms, you may not use the Service to: (i) transmit via or through the Service any information, data, text, images, files, links or software except in connection with your authorized use of the Service or otherwise in response to specific requests for information by us; (ii) introduce to our Site or any connected system or equipment any computer or website virus, worm, Trojan horse and/or harmful code; (iii) obtain unauthorized access to any computer system; (iv) impersonate any other person, including but not limited to, a registered user of the Service or an employee of BKS; (v) invade the privacy or violate any personal or proprietary right (including intellectual property rights) of any person or entity; (vi) misrepresent the identity of a user or use a false email address or mobile phone number; (vii) tamper with or obtain access to our websites or connected system, or any component of any of them; (viii) conduct fraudulent activities; (ix) collect or harvest information regarding another user of the Service for any reason whatsoever, including, without limitation, for sending such user unsolicited commercial email; (x) avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by BKS or any of BKS providers or any other third party (including another user) to protect the Service or Customer Information; (xi) attempt to access or search the Service or Customer Information or download Customer Information from the Service through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like); (xii) send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation; or (xiii) attempt to probe, scan or test the vulnerability of any BKS system or network or breach any security or authentication measures.

CUSTOMER INFORMATION

Ownership

You permit BKS to access, process and use a variety of data when you use the Service. In order to purchase any product, you must provide us certain personal information, including your name, physical and or email addresses, financial information, and you may elect to provide us with your mobile telephone number (collectively, the “Customer Information ”). As between Customer and BKS, Customer shall be deemed the owner of the Customer Information, subject only to the Operations License expressly granted by you to us in these Terms. For more information about the Customer Information we obtain and how we use it, please see our Privacy Policy.

You are solely responsible for all your Customer Information. You represent and warrant that you own all your Customer Information, or you have all rights that are necessary to grant us the Operations License under these Terms. You also represent and warrant that neither your Customer Information, nor your use and provision of your Customer Information through the Service, nor any use of your Customer Information by BKS on or through the Service will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

Grant of Operations License

In order for us to legally process Customer Information in the manner necessary to provide the Service, you must grant BKS certain rights with respect to Customer Information so that technical actions we take in operating the Service are not considered legal violations. For example, we need to be able to collect, process, transmit, store, copy and publish Customer Information in order to process your orders and enable our Service Providers to fulfill your orders, and to store, process and publish Customer Information you may provide us as part of product reviews and the like. Accordingly, you hereby grant BKS a non-exclusive, transferable, sublicensable, worldwide, royalty-free license to use, copy, modify, create derivative works based upon, distribute, publicly display, publicly perform and distribute your Customer Information in connection with operating and providing the Service to you, only for the purpose of providing the Service, and for no other purpose (the “Operations License ”). You agree that the Operations License granted to us may be extended by us to our Service Providers to the degree necessary in order for the Service to be provided to you.

Protecting Customer Information

The protection of Customer Information is a top priority for us, so we have implemented and will maintain administrative, physical, and technical safeguards designed to prevent unauthorized access, use, modification, deletion and disclosure of Customer Information by our personnel. We will endeavor to only share Customer Information, in accordance with our Privacy Policy, only with third-parties that contractually agree to reasonable data practices for maintaining the confidentiality and security of Customer Information and preventing unauthorized access. However, Customer acknowledges and agrees that Customer and not BKS bears sole responsibility for adequate security, protection and backup of Customer Information in the possession or control of Customer, or when Customer chooses to use unencrypted gateways to connect to the Service.




CLAIMS OF COPYRIGHT INFRINGEMENT

BKS respects the intellectual property of others, and we ask our users to do the same. BKS may, at its discretion, disable and/or terminate the accounts of users of the Service who may be infringing the intellectual property of a third party. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide BKS with the following information (to be effective, the notification must be in writing and provided to our Copyright Agent at the address below):

  1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;

  1. a description of the copyrighted work or other intellectual property that you claim has been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

  1. identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and a description of where the material that you claim is infringing is located on the Service;

  1. your address, telephone number, and, if available, email address;

  1. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and

  1. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf

BKS agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:

By mail: Copyright Agent c/o LAUNCH 268 Summer Street, 6th Floor, Boston, MA 02210

By email: payments@bestkeptsecret.com

BKS may update this contact information from time to time without notice to you. We will post the current contact information on this Site.

UNAVAILABILITY OF SERVICES; TERMINATION; FRAUD

We may alter, suspend or discontinue the Service in whole or in part, at any time and for any reason, without notice. In addition, the Service may be temporarily unavailable from time to time for maintenance or other reasons. We may, in our sole discretion, terminate or suspend your use or access to all or part of the Service or your account, for any reason, including without limitation, breach of these Terms. If at any time, we notify you that your access to and/or use of the Service or your account is terminated, you must cease and desist from all such access and/or use immediately. We reserve the right to cancel, delay, refuse to ship or recall from the shipper any order if fraud is suspected.

LINKS

The Service may contain links to other websites on the Internet that are owned and operated by third parties. Such links should not be interpreted as an express or implied endorsement of such third party websites or any products or services that may be offered thereon. You acknowledge that we have no liability or responsibility for the content or availability of such websites, the products or services available thereon or otherwise in connection with such third party websites, products or services. Please review the terms and conditions that may be imposed by such websites, as they may be different from these Terms.

INTERNATIONAL ACCESS

The Service may be accessed from countries other than the United States, but BKS does not currently ship any products outside of the United States.

DISCLAIMER; LIMITATION OF LIABILITY

EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THESE TERMS, IN A SEPARATE EXPRESS WRITING, OR REQUIRED BY APPLICABLE LAW, BKS MAKES NO REPRESENTATIONS, COVENANTS OR WARRANTIES AND OFFERS NO OTHER CONDITIONS, EXPRESS OR IMPLIED, REGARDING ANY MATTER, INCLUDING, WITHOUT LIMITATION, THE MERCHANTABILITY, SUITABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE OR NON-INFRINGEMENT OF THE SERVICE, ANY CONTENT ON THE SERVICE OR ANY PRODUCT OR SERVICE PURCHASED THROUGH THE SERVICE, AS WELL AS WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. BKS DISCLAIMS ANY WARRANTIES THAT ACCESS TO THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT THE SERVICE WILL BE SECURE; THAT THE SERVICE OR ANY SERVER THAT MAKES THE SERVICE AVAILABLE WILL BE VIRUS-FREE; OR THAT INFORMATION ON THE SERVICE WILL BE CORRECT, ACCURATE, ADEQUATE, USEFUL, TIMELY, RELIABLE OR OTHERWISE COMPLETE. IF YOU DOWNLOAD ANY CONTENT FROM THE SERVICE, YOU DO SO AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH CONTENT. NO ADVICE OR INFORMATION OBTAINED BY YOU FROM THE SERVICE SHALL CREATE ANY WARRANTY OF ANY KIND.

IN NO EVENT SHALL BKS OR ITS PARENT, SUBSIDIARIES, DIVISIONS OR AFFILIATES, OR ITS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, DIVISIONS, DISTRIBUTORS, SUPPLIERS, AFFILIATES, OR THIRD PARTIES PROVIDING INFORMATION OR PRODUCTS ON OR IN CONNECTION WITH THE SERVICE (COLLECTIVELY, THE “RELEASEES ”) BE LIABLE TO YOU, ANY USER OF THE SERVICE OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA OR LOSS OF USE) ARISING OUT OF THE USE OR INABILITY TO USE OR ACCESS THE SERVICE, ANY CONTENT OR INFORMATION CONTAINED THEREON OR STORED OR MAINTAINED BY BKS, OR ANY PRODUCT OR SERVICE PURCHASED THROUGH THE SERVICE, WHETHER BASED UPON WARRANTY, CONTRACT, TORT, OR OTHERWISE, EVEN IF ANY RELEASEE HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. IN NO EVENT SHALL THE TOTAL LIABILITY OF THE RELEASEES TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION RESULTING FROM YOUR USE OF THE SERVICES, WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, EXCEED THE AMOUNT YOU PAID TO BKS IN CONNECTION WITH THE APPLICABLE PURCHASE GIVING RISE TO SUCH LIABILITY. WITHOUT LIMITING THE FOREGOING, IN NO EVENT SHALL THE RELEASEES HAVE ANY LIABILITY FOR ANY DAMAGES OR LOSSES ARISING OUT OF OR OTHERWISE INCURRED IN CONNECTION WITH THE LOSS OF ANY DATA OR INFORMATION CONTAINED IN YOUR ACCOUNT OR OTHERWISE STORED BY OR ON BEHALF OF BKS.

IF, NOTWITHSTANDING THE PROVISIONS OF THESE TERMS OF USE, ANY RELEASEE IS FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH YOUR USE OF THE SERVICE, ANY CONTENT ON THE SERVICE OR ANY PRODUCT OR SERVICE PURCHASED THROUGH THE SERVICE, SUCH RELEASEE’S LIABILITY SHALL IN NO EVENT EXCEED US$100.00, UNLESS SUCH RELEASEE HAS OTHERWISE EXPRESSLY AGREED IN WRITING.

Because some jurisdictions do not allow limitations on implied warranties or the exclusion or limitation of certain damages, in such jurisdictions some or all of the above disclaimers or exclusions may not apply, and liability will be limited to the fullest extent permitted by applicable law.

INDEMNIFICATION

By using the Service, you agree to indemnify, hold harmless and defend the Releasees from any claims, damages, losses, liabilities and all costs and expenses of defense, including but not limited to, attorneys' fees, resulting directly or indirectly from a claim (including without limitation, claims made by third parties for infringement of intellectual property rights) by a third party that arises in connection with (i) your use or misuse of the Service; (ii) your breach of the Terms; (iii) your violation of any law or the rights of a third party; or (iv) your Feedback. You agree to cooperate as fully as reasonably required in the defense of any claim. BKS or the applicable Releasee reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you for which you will remain responsible for indemnifying and holding harmless the Releasees.

DISPUTE RESOLUTION

Governing Law

These Terms and any action related thereto will be governed by the laws of the State of Delaware without regard to its conflict of laws provisions. Exclusive jurisdiction and venue for actions related to these Terms or your use of the Service will be the state and federal courts located in Wilmington,Delaware, United States, and both parties consent to the jurisdiction of such courts with respect to any such actions. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.

Alternative Dispute Resolution Process

Unless you are subject to the Mandatory Arbitration Provisions set out below, and subject to any applicable laws, if a claim arises between you and BKS where the total value of such claim is less than US$10,000, the party initiating the claim may elect to have the dispute resolved pursuant to a binding arbitration process that does not require attendance in person. This “Alternative Dispute Resolution Process” shall be initiated by either of us sending notice to the other, in which event you and BKS agree to use our reasonable efforts to agree within thirty (30) days upon an individual or service to manage the Alternative Dispute Resolution Process (the “Arbitration Manager”) according to the following requirements: (i) neither party shall be required to attend any proceeding in person, (ii) the proceeding will be conducted via written submissions, telephone or online communications or as otherwise agreed upon, (iii) the fees for the Arbitration Manager will be borne equally by the parties or be submitted to the Arbitration Manager to determine as part of the dispute and (iv) the judgment rendered by the Arbitration Manager may be entered in any court of competent jurisdiction for enforcement.

If you are a resident of the European Union (EU), please note that we offer this Alternative Dispute Resolution Process, but we cannot offer you the European Commission Dispute Platform as we do not have an establishment in the EU.

Mandatory Arbitration Provisions

If you reside in the United States or are otherwise subject to the US Federal Arbitration Act, you and BKS agree to resolve any claims relating to these Terms or the Service - except any dispute relating to the enforcement or validity of intellectual property rights - through final and binding arbitration by a single arbitrator, except as set forth under Exceptions to Agreement to Arbitrate below. This includes disputes arising out of or relating to interpretation or application of this "Mandatory Arbitration Provisions" section, including its enforceability, revocability, or validity. The Federal Arbitration Act governs the interpretation and enforcement of these Mandatory Arbitration Provisions.

You can decline this agreement to arbitrate by contacting us at payments@bestkeptsecret.com and clearly stating your election to opt out of arbitration, and providing the Customer name, email and physical addresses, within 30 days of your first creating an account or purchasing a product, whichever first occurs.

The American Arbitration Association (AAA) will administer the arbitration under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (to the extent applicable), as modified by these Mandatory Arbitration Provisions. You may review those rules and procedures and obtain a form for initiating arbitration proceedings at the AAA's website. The arbitrator will decide the substance of all claims in accordance with the laws of the State of Delaware, including recognized principles of equity, and will honor all claims of privilege recognized by 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 possessing jurisdiction over the parties, except for a limited right of appeal under the Federal Arbitration Act.

The arbitration will be held in the United States county where you live or work, Wilmington (DE), or any other location we agree to. If, however, the value of the relief sought is US$10,000 or less, either of us may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on us, subject to the arbitrator's discretion to require an in-person hearing. Attendance at an in-person hearing may be made by telephone by you and/or us, unless the arbitrator requires otherwise.

The AAA rules will govern payment of all arbitration fees. If the amount of the claim exceeds US$10,000 and you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, BKS will pay as much of the filing, administration and arbitrator fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. If the arbitrator determines the claim(s) you assert in the arbitration are frivolous, BKS will not pay any of your fees and, if BKS has paid any of your fees, you agree to reimburse BKS for all such fees associated with the arbitration paid by BKS on your behalf, which you otherwise would be obligated to pay under the AAA's rules.

We agree with you that there shall be exceptions to the requirement to resolve disputes under the Mandatory Arbitration Provisions, as described in this paragraph. Either you or BKS may assert claims, if they qualify, in small claims court in Wilmington, Delaware or any United States county where you live or work. In addition, either the Customer or BKS may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Service, or intellectual property infringement (for example, trademark, trade secret, copyright, or patent rights) without first engaging in arbitration or the informal dispute-resolution process described above. If the agreement to arbitrate is found not to apply to you or your claim, you agree to the exclusive jurisdiction of the state and federal courts in New Castle County, Delaware to resolve your claim.

No Class Actions

You may only resolve disputes with us on an individual basis and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations aren't allowed. If this specific paragraph is held unenforceable, then the entirety of this "Mandatory Arbitration Provisions" section will be deemed void.

SPECIAL NOTICE FOR CALIFORNIA CUSTOMERS

Under California Civil Code Section 1789.3, users of the Service from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210. You may of course contact us at payments@bestkeptsecret.com, phone: (401) 236-4794, or send us a message at:

Festival Group, Inc. 

268 Summer Street 

6th Floor

Boston, MA 02210

Attention: Legal Notice

GENERAL TERMS

Complete Agreement

These Terms constitute the entire and exclusive understanding and agreement between BKS and you regarding the Service, and these Terms supersede and replace any and all prior oral or written understandings or agreements between BKS and you regarding the Service. Notwithstanding any language to the contrary therein, no terms or conditions stated in a Customer purchase order, vendor onboarding process or web portal, or any other Customer order documentation (excluding a BKS-accepted Order Form) will be incorporated into or form any part of these Terms, and all such terms or conditions will be null and void.

Severability

These Terms will be enforced to the fullest extent permitted under applicable law. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.

Assignment

You may not assign or transfer the right to use the Service, or Customer’s obligations under these Terms, by operation of law or otherwise, without BKS’s prior written consent, except in the case of a merger, acquisition, or sale of all or substantially all assets of Customer, after notice to BKS. It shall be Customer’s responsibility to ensure its billing and contact information is current at all times despite any such assignment. Any attempt by you to assign or transfer the right to use the Service, or Customer’s obligations under these Terms, without such consent, will be null and void. BKS’s remedy for any purported assignment by the Customer in breach of this section will be, at its election, termination of your account upon written notice. BKS may freely assign or transfer the Service, or BKS’s obligations under these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.

Notices

Any notice required or permitted under these Terms must be in writing and delivered by email (i) to you at the email address included within your Customer Information or (ii) to BKS at payments@bestkeptsecret.com. You agree that all notices and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. The date of receipt will be deemed the date on which such notice is transmitted.

Waiver

BKS’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of BKS. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.

Force Majeure

BKS shall not be liable by reason of any failure or delay in the performance of any obligations on account of events beyond our reasonable control, which may include denial-of-service attacks, a failure by a Service Provider, strikes, shortages, riots, fires, acts of nature, war, terrorism, and governmental action.

Please report any violations of these Terms to payments@bestkeptsecret.com.



ACCESSIBILITY STATEMENT



BKS is committed to achieving accessibility for all. We want everyone who visits our site to feel welcome and supported. We recognize the significance of making sure our digital offerings are fully accessible. We are working hard to achieve all WCAG 2.0 AA standards. The Web Content Accessibility Guidelines (WCAG) 2.0 AA Level is recognized and acknowledged as the international standard measure of success. These guidelines explain how to make web content more accessible for people with different abilities. Conformance with these guidelines will help make the web a better customer experience for all people.

We are always learning and seeking to improve the performance of our site. Should you have any feedback regarding the accessibility of our website, do not hesitate to contact us.We can assure you that we will take all input into serious consideration as we evaluate ways to accommodate all of our customers and our overall accessibility policies.

 

Need Assistance?

As we work towards meeting WCAG 2.0 AA standards, we recognize we are not there yet. If you are in need of immediate assistance, please contact us by payments@bestkeptsecret.com; by calling us at: (401) 236-4794; or sending us U.S. mail to: Festival Group, Inc. , 268 Summer Street, 6th Floor, Boston, MA 02210.