Terms Of Use | Casa Bonita

Last updated: August 31, 2024

The following terms and conditions (the "Terms of Use") constitute a binding agreement between you and The Beautiful OpCo, LLC dba Casa Bonita ( "Company," "we," or "us") with respect to your use of the casabonitadenver.com website (collectively, the "Site"), the services available on the Site (collectively, the "Services"), and the graphics, text, instructions, images, audio files and/or other sounds, videos, and other materials you may view on, access through, or are otherwise available via the Site and Services (collectively, the "Content"). BY ACCESSING OR USING THE SERVICES IN ANY MANNER (WHETHER AUTOMATED OR OTHERWISE), YOU (A) ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO THESE TERMS OF USE AND OUR PRIVACY POLICY, WHICH IS AVAILABLE AT HTTPS://WWW.CASABONITADENVER.COM/PRIVACY-POLICY AND INCORPORATED HEREIN BY REFERENCE, AND (B) AFFIRM THAT YOU ARE AT LEAST 18 YEARS OF AGE (OR HAVE REACHED THE AGE OF MAJORITY IN THE JURISDICTION WHERE YOU RESIDE). INDIVIDUALS UNDER THE AGE OF 18, OR THE APPLICABLE AGE OF MAJORITY (EACH, A "MINOR"), MAY UTILIZE THE SITE, SERVICES AND CONTENT ONLY CONSENT OF A PARENT OR LEGAL GUARDIAN WHO HAS AGREED TO THESE TERMS OF USE ON THE MINOR'S BEHALF. IF YOU ARE A PARENT OR LEGAL GUARDIAN OF SUCH A MINOR, YOU AGREE TO BIND THE MINOR TO THESE TERMS AND TO FULLY INDEMNIFY AND HOLD US HARMLESS IF THE MINOR BREACHES ANY OF THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS OF USE OR OUR PRIVACY POLICY, YOU ARE NOT PERMITTED TO USE THE SERVICES.

THESE TERMS OF USE INCLUDE AN AGREEMENT TO MANDATORY ARBITRATION, WHICH MEANS THAT YOU AGREE TO SUBMIT ANY DISPUTE RELATED TO THE SITE OR THE SERVICES, THESE TERMS OF USE AND/OR OUR PRIVACY POLICY TO BINDING INDIVIDUAL ARBITRATION RATHER THAN PROCEEDING IN COURT. THE DISPUTE RESOLUTION PROVISION ALSO INCLUDES A CLASS ACTION WAIVER, WHICH MEANS THAT YOU AGREE TO PROCEED WITH ANY DISPUTE INDIVIDUALLY AND NOT AS PART OF A CLASS ACTION. MORE INFORMATION ABOUT THE ARBITRATION AND CLASS ACTION WAIVER CAN BE FOUND IN SECTION 14 (ARBITRATION AGREEMENT) BELOW.

THESE TERMS OF USE ALSO INCLUDE A JURY TRIAL WAIVER.

1. Changes to Terms of Use.

We may revise and update these Terms of Use from time to time in our sole discretion. The date these Terms of Use were last updated is set forth at the top of this page. All changes are effective 14 days after posting for current users and immediately for new users and apply to all access to and use of the Services thereafter. Your continued use of the Services following the posting of revised Terms of Use means that you accept and agree to the changes.

2. Scope of and Restrictions on Use.

Subject to these Terms of Use, Company grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Site and Services and display the Content, in each case for your personal, non-commercial use. . Except as otherwise provided in these Terms of Use, the Content may not be copied, downloaded, or stored in a retrieval system for any other purpose, nor may it be redistributed, reused, or modified for any purpose, without the express written permission of Company. You have no other rights in the Site, Services or Content and you may not modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit the Site, Services or any of the Content in any manner. If you make copies of any of the Content then we ask that you be sure to keep on the copies all copyright and other proprietary notices as they appear on the Site and Services. You further agree not to:

use the Site, Services or Content for any public or commercial purpose;
use the Site or Services to stalk, harass, or harm another individual;
use the Site, Services or Content to impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity;
create a conflict of interest or undermine the purposes of the Site or Services, such as writing or soliciting fake reviews;
collect information from the Site or Services using an automated software tool or manually on a mass basis;
use automated means to access the Services, or gain unauthorized access to the Services or to any account or computer system connected to the Site or Services;
obtain, or attempt to obtain, access to areas of the Site or our systems that are not intended for access by you;
"flood" the Services with requests or otherwise overburden, disrupt, or harm the Site, Services or our systems;
restrict or inhibit other users from accessing or using the Site and/or Services;
modify or delete any copyright, trademark, or other proprietary rights notices that appear on the Site or in the Services or Content; or
access or use the Site, Services or Content for any unlawful purpose or otherwise beyond the scope of the rights granted herein.

3. Ownership.

3.1

The Site, Services and Content are owned by Company and are protected under copyright, trademark, and other applicable United States and international laws and treaties. Without limiting the foregoing, the trademarks, service marks, and logos displayed on the Site (collectively, the "Marks") are registered and unregistered marks of Company and its licensors. You acknowledge and agree that, as between you and Company, Company is and shall remain the sole owner of the Site, Services and Content, including, without limitation, all patents, copyrights, trademarks, trade secrets, and other intellectual property and proprietary rights therein and thereto. Nothing in these Terms of Use should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Marks, without our prior written permission specific for each such use. Use of the Marks as part of a link to or from any site is prohibited unless establishment of such a link is approved in advance by us in writing. All goodwill generated from the use of our Marks inures to our benefit.

3.2

Unless otherwise specified in these Terms of Use, all Content, including the arrangement of it on the Site and Services are our sole property, or the property of our suppliers and licensors. All rights not expressly granted herein are reserved. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner or license.

3.3

Any comments, questions, suggestions or other feedback (collectively, "Feedback") you provide to us through any communication whatsoever (e.g., call, letter, fax, email) will be treated as both non-confidential and non-proprietary. You hereby assign all right, title, and interest in, and we are free to use, without any attribution or compensation to you, any ideas, know-how, concepts, techniques, or other intellectual property and proprietary rights contained in the Feedback, whether or not patentable, for any purpose whatsoever, including but not limited to, developing, manufacturing, having manufactured, licensing, marketing, and selling, directly or indirectly, products and services using such Feedback. Where the foregoing assignment is prohibited by law, you hereby grant us an exclusive, transferable, worldwide, royalty-free, fully-paid up license (including the right to sublicense) to use and exploit all Feedback as we may determine in our sole discretion. You understand and agree, however, that we are not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Feedback, and you have no right to compel such use, display, reproduction, or distribution.

4. Account Registration and Security.

Access to and use of certain Services may require you to register for an account. You agree to provide true, accurate, current, and complete information about yourself as prompted by the applicable registration or log-in form, and you are responsible for keeping such information up to date. You are responsible and liable for all activities conducted through your account, regardless of who conducts those activities. You may not share your account with anyone or allow anyone else to access or use your account. You are responsible for maintaining the confidentiality of your account information, including your username and password. You agree to immediately notify Company of any unauthorized use of your account, or any other breach of security. We are not liable for any loss or damage arising from your failure to protect your username or password.

5. Electronic Communications.

The communications between you and Company via the Services use electronic means (including, if you have opted in, via text message). You consent to receive communications from us in electronic form, and you agree that electronic communication of any terms and conditions, agreements, notices, disclosures, and other communications that we provide to you will satisfy any legal requirement that such communications be in writing.

6. Online Purchases and Other Terms and Conditions.

All purchases made through the Services or other transactions for the sale of products or services formed through the Services are governed by all policies, rules, or guidelines that may be applicable to specific portions or features of the Services, each of which is incorporated into these Terms of Use. If you do not agree to be bound to such additional terms and conditions, you should not indicate any assent or acceptance of such terms and conditions.

Online Purchases.

You agree to pay any fees applicable to your use of the Site, including but not limited to fees and charges applicable to your purchases. We may suspend or terminate your account and/or access to the Site and/or Materials if your offered payment method (e.g., credit card) cannot be processed. By providing a payment method, you expressly authorize us and/or our third party payment processor to charge the applicable fees on said payment method as well as taxes and other charges incurred thereto, all of which depend on the services you utilize and the products you purchase. You agree that we may charge any unpaid amounts to your provided payment method and/or send you a bill for such unpaid fees.

You may be permitted to purchase a variety of products ("Products") through the Site's storefront. To do so, you must supply certain information relevant to your transaction, including, without limitation, your credit card number, the expiration date of your credit card, the name on your credit card, and/or your billing address. Once you have submitted your payment information, we or our third party fulfillment partner, will authorize the payment and send you a confirmation email.

All descriptions, images, features, specifications and prices of the Products are subject to change at any time without notice. The inclusion of any Product on the Site does not imply or warrant that such Product will be available. We reserve the right, with or without prior notice, to do any one or more of the following for any reason: (i) limit the available quantity of or discontinue any Product; (ii) impose conditions on the honoring of any coupon, coupon code, promotional code, or other similar promotion; (iii) bar you from making or completing any or all transactions; and (iv) refuse to provide you with any Product.

Products will be shipped in accordance with the shipping method you select when placing the order and our then-current shipping policies. All orders will be processed and fulfilled by our third party fulfillment partner. You acknowledge that any delivery dates we may provide are non-binding estimates only and that you have no claim against Company for delays or early deliveries. We reserve the right to make deliveries in installments.

You should inspect your package to ensure the contents arrive undamaged. If you are not home when a delivery arrives, the delivery person may leave the package for you at your door.

Company is not responsible for:

Items delivered to incorrect addresses supplied by you or the recipient of the product.
Delays resulting from inclement weather, natural disaster or other unforeseen circumstances.
Delivery issues arising from the recipient not being present at the time of delivery at the address supplied by the you or recipient.
Decreased product quality due to an incorrect delivery address supplied by the you or the recipient, or a re-route requested by the you or the recipient.
Product quality problems caused by improper handling by you or the recipient.

All claims for damaged or missing shipments must be made by through our third party fulfillment partner. Please see our Order Policies and FAQ [LINK] for more information about orders, shipping and returns. If you do not agree to be bound by such policies, you may not purchase Products from the Site.

7. Privacy Policy.

You acknowledge and agree that all information collected by Company is subject to our Privacy Policy, available at https://www.casabonitadenver.com/privacy-policy. By using the Services, you consent to all actions we take with respect to your information in compliance with our Privacy Policy.

8. Sweepstakes, Contests, and Games.

In addition to these Terms of Use, sweepstakes, contests, games, or other promotions (collectively, "Promotions") made available via the Services may have specific rules that are different from these Terms of Use. We urge you to review the applicable rules before you participate in a Promotion. In the event of a conflict between these Terms of Use and Promotion rules, Promotion rules will control.

9. Change and Suspension.

9.1. Changes to the Services.

Company reserves the right to make changes to, suspend, or discontinue (temporarily or permanently) the Site, the Services or any portion thereof (including any Content) at any time. You agree that Company will not be liable to you or to any third party for any such change, suspension, or discontinuance.

9.2. Suspension/Termination of Access.

Company has the right to deny access to, and to suspend or terminate your access to, the Site, the Services or to any features or portions thereof, at any time and for any reason, including if you violate these Terms of Use. In the event that we suspend or terminate your access to the Services, you will continue to be bound by the Terms of Use that were in effect as of the date of your suspension or termination.

10. Disclaimer; Limitation of Liability.

10.1. Disclaimer of Warranties.

THE SITE, THE SERVICES AND THE CONTENT ARE PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, AND COMPANY HEREBY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. NEITHER COMPANY NOR ANY PERSON ASSOCIATED WITH COMPANY MAKES ANY REPRESENTATION OR WARRANTY WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES OR ANY CONTENT. WITHOUT LIMITING THE FOREGOING, NEITHER COMPANY NOR ANYONE ASSOCIATED WITH COMPANY REPRESENTS OR WARRANTS THAT THE SERVICES OR THE CONTENT WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICES, CONTENT, OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SERVICES OR THE CONTENT WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

10.2. Limitation of Liability.

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL COMPANY OR ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SITE, THE SERVICES OR THE CONTENT, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY OR DEATH, OR DAMAGES RESULTING FROM LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS, LOSS OF USE, OR LOSS OF DATA, WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. IF, NOTWITHSTANDING THE PROVISIONS OF THIS SECTION 10.2, COMPANY IS FOUND LIABLE FOR ANY LOSS, DAMAGE, OR INJURY UNDER ANY LEGAL THEORY RELATING IN ANY WAY TO THE SUBJECT MATTER OF THESE TERMS OF USE, IN NO EVENT WILL COMPANY'S AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY EXCEED THE TOTAL AMOUNT OF FEES, IF ANY, PAID BY YOU TO COMPANY IN THE TWELVE (12) MONTH] PERIOD PRECEDING THE EVENT GIVING RISE TO THE CLAIM OR U.S. $100.00, WHICHEVER IS LESS. THE FOREGOING LIMITATIONS SHALL APPLY EVEN IF YOUR REMEDIES UNDER THESE TERMS OF USE FAIL OF THEIR ESSENTIAL PURPOSE. USE OF THE SERVICES IS AT YOUR SOLE RISK.

10.3. Exclusions.

Some jurisdictions, such as New Jersey, do not allow the exclusion or limitation of certain warranties or consequential damages, so some of the exclusions and/or limitations in this Section 10 may not apply to you.

11. Indemnification.

You agree to indemnify, defend, and hold Company and its officers, directors, employees, agents, licensors, and service providers harmless from and against any claims, liabilities, losses, damages, judgments, awards, costs, and expenses (including reasonable attorneys' fees) arising out of or resulting from your use of the Site, Services and/or any Content, or any violation of these Terms of Use or applicable law.

12. Third Party Materials.

The Services may display, include, or make available third-party content (including data, information, applications and other products services and/or materials) or provide links to third-party websites or services (collectively, "Third Party Materials"). You acknowledge and agree that Company is not responsible for any Third Party Materials, including their accuracy, completeness, timeliness, validity, legality, decency, quality, or any other aspect thereof. Company does not assume and will not have any liability to you or any other person or entity for any Third Party Materials. Third Party Materials and links thereto are provided solely as a convenience to you, and you access and use them at entirely at your own risk and subject to such third parties' terms and conditions.

13. Linking to the Site.

You may link to the Site's homepage, provided you do so in a way that is fair and legal and does not damage or take advantage of our reputation, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. The Site must not be framed on any other website, nor may you create a link to any part of the Site other than the homepage. You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.

14. DISPUTE RESOLUTION, ARBITRATION AGREEMENT, MASS ARBITRATION, PROHIBITION OF CLASS ACTIONS.

This section is deemed to be a "written agreement to arbitrate" pursuant to the Federal Arbitration Act, and you and we each agree that this section is intended to satisfy the "writing" requirement of the Federal Arbitration Act.

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND IMPACTS THE WAY THAT YOU AND WE BRING CLAIMS AGAINST EACH OTHER AND HOW THOSE CLAIMS ARE DECIDED. THE FOLLOWING TERMS TO WHICH YOU ARE CONSENTING CONSIST OF A PRE-DISPUTE RESOLUTION PROCESS, BINDING ARBITRATION PROVISION, MASS ARBITRATION PROVISION, AND A CLASS-ACTION AND JURY TRIAL WAIVER.

To the fullest extent permitted by law, by using the Services, you and we agree that if a dispute arises between you and Company relating in any way to the Services or your use thereof, including common law or statutory claims, the dispute will be resolved in accordance with the provisions set forth in this section. You and Company agree that any and all disputes or claims that have arisen or may arise between you and Company in connection with the Services, including any products or services offered or sold on the Services and your use of the Services, shall be resolved exclusively through confidential, final, and binding arbitration; provided that either party may file suit in court seeking to enjoin infringement, misappropriation, or misuse of its intellectual property rights. YOU ARE GIVING UP THE RIGHT TO LITIGATE A DISPUTE IN COURT BEFORE A JUDGE OR JURY.

14.1. Opt-Out Procedure:

You may elect to opt-out (exclude yourself) from the final, binding arbitration procedure, mass arbitration procedure, and waiver of class and representative proceedings specified in these Terms by sending a written letter to Company at The Beautiful OpCo, LLC. dba Casa Bonita, Attn: Legal Department, 165 S Union Ave.,, Lakewood, CO 80228 (the "Notice Address"), within thirty (30) calendar days of your initial agreement to these Terms. The letter must be signed personally by you or your legal guardian and specify: (1) your first and last name; (2) your mailing address; (3) your email address; and (4) your request to be excluded from the final, binding arbitration procedure and waiver of class and representative proceedings specified in this Section. In the event that you opt-out consistent with the procedures set forth above, all other terms of these Terms shall continue to apply.

14.2 Pre-Arbitration Dispute Resolution:

You and Company agree that whenever you or Company have a disagreement ("Dispute") with the other arising out of, connected to, or in any way related to the Services that is subject to the arbitration provision herein, you and Company will first send a written notice to the other party (a "Demand"). You and Company agree that the requirements of this Dispute Resolution section will apply even to disagreements that may have arisen before you accepted these Terms. You must send the Demand to the Notice Address. Company must send the Demand to you via certified mail to the most recent address Company has on file for you (or by email if Company only has an email address for you on file). A Demand (1) shall seek to resolve a Dispute only on an individual basis; (2) shall state the full basis for the Dispute (including the details about the Dispute sufficient for the recipient to review and respond) and the date that the Dispute arose; (3) shall provide the individual claimant's full name, phone number, and email address to confirm their identity and to aid communication; and (4) shall be personally signed by the individual claimant or for Company by its authorized representative (and not only their counsel). Within twenty (20) business days of receipt of a Demand, the recipient may request an individualized video or telephone conference to attempt in good faith to resolve the Dispute which both you and Company will personally attend (with counsel, if represented). You and Company agree that you and Company will not take any legal action, including filing a lawsuit or demanding arbitration, until after the period to request a conference expires or, if a conference is requested, twenty (20) business days after the individualized conference is completed. Compliance with this informal dispute resolution procedure section is mandatory and a condition precedent to initiating any lawsuit or arbitration. This procedure is essential to providing each of us a meaningful opportunity to resolve Disputes informally. Any applicable limitations periods and filing fee deadlines will be tolled while the parties engage in the process set forth above. A court of competent jurisdiction may enjoin the filing or prosecution of a lawsuit or arbitration if these requirements have not been met.

14.3 Arbitration Procedure:

If the Dispute stated in the Demand is not resolved to your or Company's satisfaction within ten (10) business days after the conference described above (or within ten (10) business days after the time when such a conference may be requested if no conference has been requested), and you intend on taking legal action, you agree that you will file a demand for arbitration with JAMS. The arbitration will be conducted under JAMS's Comprehensive Rules & Procedures, including the JAMS's Consumer Rules (as applicable), as modified by this Agreement to Arbitrate. The JAMS;s rules and a form for initiating arbitration proceedings are available on the JAMS's website at: https://www.jamsadr.com/rules-comprehensive-arbitration/. The arbitrator, and not any federal, state, provincial, territorial or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of these Terms, including, but not limited to, any claim that all or any part of these Terms is void or voidable, except that a court of competent jurisdiction may enjoin the filing or prosecution of an arbitration if the Pre-Arbitration Dispute Resolution requirements set forth above have not been met.

The arbitration shall be held in the county in which you reside or at another mutually agreed location. If the value of the relief sought is $10,000 or less, either you or Company may elect to have the arbitration conducted by telephone and/or video conference or based solely on written submissions, which election shall be binding on the other party 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 and/or video conference, unless the arbitrator requires otherwise. The arbitrator will decide the substance of all claims in accordance with the laws of the State of Colorado, including recognized principles of equity, and will honor all claims of privilege recognized by law.

14.4 CLASS ACTION WAIVER:

You and Company agree that each of us may bring claims against the other 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 Company agree otherwise or the Mass Arbitration provisions set forth below are triggered, 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 any other person or party. You and Company further agree that in the event this arbitration agreement is held to be unenforceable for any reason, the prohibitions on class and representative actions and non-individualized relief set forth in this paragraph are severable and shall apply to any claim between you and Company in any forum. YOU ARE GIVING UP THE RIGHT TO COMMENCE OR PARTICIPATE IN CLASS AND REPRESENTATIVE ACTIONS. The arbitrator's award shall be confidential, final, and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Payment of all filing, administration, and arbitrator fees will be governed by JAMS's rules.

14.5 Mass Arbitration:

If, at any time, 25 or more claimants (including you) submit Demands or seek to file demands for arbitration raising similar claims against Company, and such circumstances meet the definition and criteria of Mass Filings ("Mass Filing") set forth in National Arbitration & Mediation's ("NAM") Mass Filing Supplemental Dispute Resolution Rules and Procedures ("NAM's Mass Filing Rules") available at https://www.namadr.com/resources/rules-fees-forms/), you and Company agree that JAMS shall not serve as arbitrator and that instead NAM shall administer any Mass Filing claims and the NAM Mass Filing Rules in effect at the time such claim is filed shall apply as modified below. You agree that throughout this process, the parties' counsels shall meet and confer to discuss modifications to these procedures based on the particular needs of the Mass Filing. You acknowledge and agree that your election to participate in a Mass Filing may result in a delay in the adjudication of your dispute with Company. Any applicable limitations periods and filing fee deadlines will be tolled while the parties engage in the process set forth below.

Stage One: Counsel for the claimants and counsel for Company shall each select 15 claims per side (30 claims total) to be filed and to proceed in individual arbitrations as part of a staged process. Each of these individual arbitrations shall be assigned to a different, single arbitrator unless the parties agree otherwise in writing. Any remaining claims shall not be filed or be deemed filed in arbitration, nor shall any arbitration fees be assessed in connection with those claims unless and until they are selected to be filed in individual arbitration proceedings as part of a staged process. After this initial set of staged proceedings is completed, the parties shall promptly engage in a global mediation session of all remaining claims with a retired federal or state court judge and Company will pay the mediator's fee.

Stage Two: If the remaining claims are not resolved at this time, counsel for the claimants and counsel for Company shall each select 20 claims per side (40 claims total) to be filed and to proceed in individual arbitrations as part of a second staged process, subject to any procedural changes the parties agreed to in writing. Each of these individual arbitrations shall be assigned to a different, single arbitrator unless the parties agree otherwise in writing. Any remaining claims shall not be filed or be deemed filed in arbitration, nor shall any arbitration fees be assessed in connection with those claims unless and until they are selected to be filed in individual arbitration proceedings as part of a staged process. After this second set of staged proceedings is completed, the parties shall promptly engage in a global mediation session of all remaining claims with a retired federal or state court judge and Company will pay the mediator's fee.

If your Claim is not resolved as part of the staged process identified above, either:

Option One: You and we may separately or by agreement, opt out of arbitration and elect to have your Claim heard in court consistent with these Terms. You may opt out of arbitration by sending us your individual, personally signed notice of your intention to opt out by certified mail addressed to the Notice Address. Such an opt-out notice must include a statement, personally signed by you, that you wish to opt out of arbitration within 30 days after the conclusion of Stage Two or the elective mediation associated with Stage Two. We may opt your Claim out of arbitration by sending an individual, personally signed notice of our intention to opt out to your counsel within 14 days after the expiration of your 30-day opt out period. Counsels for the parties may agree to adjust these deadlines.

Option Two: If neither you nor we elect to have your Claim heard in court consistent with Option One, then you agree that your Claim will be resolved as part of continuing, staged individual arbitration proceedings as set forth below. Assuming the number of remaining claims exceeds 100, then 100 claims shall be randomly selected (or selected through a process agreed to by counsels for the parties) to be filed and to proceed in individual arbitrations as part of a staged process. If the number of remaining claims is fewer than 100, then all of those claims will be filed and proceed in individual arbitrations. Any remaining claims will not be filed or be deemed filed in arbitration, nor will any arbitration fees be assessed in connection with those claims unless and until they are selected to be filed in individual arbitration proceedings as part of a staged process. After each set of 100 claims are adjudicated, settled, withdrawn, or otherwise resolved, this process shall repeat consistent with these parameters. Counsels for the parties are encouraged to meet and confer, participate in mediation, and engage with each other and with NAM (including through a Procedural Arbitrator, as such term is used in the NAM Rules) to explore ways to streamline the adjudication of claims, increase the number of claims to proceed at any given time, promote efficiencies, conserve resources, and resolve the remaining claims.

A court of competent jurisdiction shall have the authority to enforce these Mass Filing provisions and, if necessary, to enjoin the mass filing, prosecution, or administration of arbitrations and the assessment of arbitration fees. If these additional procedures apply to your Claim, and a court of competent jurisdiction determines that they are not enforceable as to your Claim, then your Claim will proceed before JAMS pursuant to the JAMS Mass Arbitration Procedures and Guidelines (available at https://www.jamsadr.com/mass-arbitration-procedures). If a court of competent jurisdiction also determines that the JAMS Mass Arbitration Procedures and Guidelines are not enforceable as to your claim, then your claim will proceed in a court of competent jurisdiction consistent with these Terms.

You and we agree that each party values the integrity and efficiency of arbitration and wishes to employ the process for the fair resolution of genuine and sincere disputes between the parties. You and we acknowledge and agree to act in good faith to ensure the processes set forth herein are followed. The parties further agree that application of these Mass Filing procedures have been reasonably designed to result in an efficient and fair adjudication of such cases. If any part of this Mass Arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the NAM rules, then the balance of this Mass Arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision was not contained herein unless the lack of such provision would lead this Mass Arbitration provision to fail of its essential purpose.

If the staging process of this Mass Arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the NAM rules, then the remaining claims shall be subject to Option One or Option Two above as selected by you or Company. If the Mass Filing provisions apply to your claim, and a court of competent jurisdiction determines that the Mass Filing provisions are not enforceable as to your claim, then your Claim will proceed before JAMS pursuant to the JAMS Mass Arbitration Procedures and Guidelines. If a court of competent jurisdiction also determines that the JAMS Mass Arbitration Procedures and Guidelines are not enforceable as to your claim, then your claim will proceed in a court of competent jurisdiction on an individual basis (not a class or consolidated basis).

14.6. Amendment to Arbitration Provisions.

Notwithstanding any provision in this Agreement to the contrary, you and we agree that if we make any amendment to the arbitration provisions in this Section 14 in the future (other than an amendment to any notice address or site link provided herein), that amendment shall not apply to any claim that was filed in a legal proceeding against Company prior to the effective date of the amendment. The amendment shall apply to all other disputes or claims that have arisen or may arise between you and Company. We will notify you of amendments to the arbitration provisions of this Section 14 by posting the amended terms on the Site at least 30 days before the effective date of the amendments. If you do not agree to the amended terms, you may choose to opt-out your of this arbitration agreement consistent with Section 14.1 above and you will not be bound by the amended terms.

14.7. JURY TRIAL WAIVER.

IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION, YOU AND COMPANY EACH UNCONDITIONALLY WAIVE ANY RIGHT TO A JURY TRIAL. THIS MEANS THAT ANY CLAIM WOULD BE DECIDED BY A JUDGE, NOT A JURY.

15. Miscellaneous.

15.1. Geographic Restrictions.

Company is based in the State of Colorado in the United States. We make no claims that the Services or the Content are accessible or appropriate outside of the United States. Access to and use of the Services may not be legal by certain persons or in certain countries. If you access the Services from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

15.2. Governing Law; Jurisdiction and Venue.

These Terms of Use and any dispute or claim arising out of or related to these Terms of Use, their subject matter, or their formation (in each case, including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the State of Colorado, other than such laws and case law that would result in the application of the laws of a jurisdiction other than the State of Colorado.

15.3. Digital Millennium Copyright Act.

We respect the intellectual property rights of others and encourage you to do the same. Accordingly, we have a policy of removing Content that violates the intellectual property rights of others, suspending access to the Site or Services (or any portion thereof) to any user who uses the Site or Services in violation of someone's intellectual property rights, and/or terminating in appropriate circumstances the account of any user who uses the Site or Services in violation of someone's intellectual property rights.

Pursuant to Title 17 of the United States Code, Section 512 (the "DMCA"), we have implemented procedures for receiving written notification of claimed copyright infringement and for processing such claims in accordance with such law. If you believe your copyright or other intellectual property right is being infringed by a user of the Platform, please provide written notice to our agent for notice of claims of infringement: Afshin Beyzaee

To be sure the matter is handled immediately, your written notice must:

Contain your physical or electronic signature;
Identify the copyrighted work or other intellectual property alleged to have been infringed;
Identify the allegedly infringing material in a sufficiently precise manner to allow us to locate that material;
Contain adequate information by which we can contact you (including postal address, telephone number, and e-mail address);
Contain a statement that you have a good faith belief that use of the copyrighted material or other intellectual property is not authorized by the owner, the owner's agent or the law;
Contain a statement that the information in the written notice is accurate; and
Contain statement, under penalty of perjury, that you are authorized to act on behalf of the copyright or other intellectual property right owner.

Unless the notice pertains to copyright or other intellectual property infringement, the agent will be unable to address the listed concern.

We reserve the right, in our sole discretion, to terminate the account or access of any user of the Site and/or Services who is the subject of repeated DMCA or other infringement notifications.

15.4. Limitation on Time to File Claims.

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE SERVICES (INCLUDING THE CONTENT) MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION OR CLAIM ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

15.5. Waiver and Severability.

Our failure to exercise or enforce any right or provision of these Terms of Use will not constitute a waiver of such right or provision. If any provision of these Terms of Use is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent possible, and the remaining provisions of these Terms of Use will continue in full force and effect.

15.6. Entire Agreement.

These Terms of Use, including our Privacy Policy, The Founders Club Terms and Conditions and all other policies located on the Site constitute the sole and entire agreement between you and Company with respect to the subject matter hereof, and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter.

16. California Consumer Notice.

Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: The Site is provided by The Beautiful OpCo, LLC, 165 S. Union .Avenue, Lakewood, CO 80228. If you have a question or complaint regarding the Platform, please contact Customer Service at hola@casabonitadenver.com. You may also contact us by writing The Beautiful OpCo, LLC dba Casa Bonita, 165 S Union Avenue, Lakewood, CO 80228. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by post at 1625 North Market Blvd., Sacramento, CA 95834 or by telephone at (916) 445-1254 or (800) 952-5210 or Hearing Impaired at TDD (800) 326-2297 or TDD (916) 322-1700.

17. Questions.

If you have any questions about the Services or these Terms of Use, please email us at hola@casabonitadenver.com.