Terms of service
Terms of Service
Effective Date: August 19, 2026
1. INTRODUCTION
Welcome to Your Bag Now Mine! The terms “YBNM,” “we,” “us,” and “our” refer to Your Bag Now Mine, Inc. Your Bag Now Mine operates this store and website, including all related information, content, features, tools, products and services in order to provide you, the customer, with a curated shopping experience (the “Services”). Your Bag Now Mine is powered by Shopify, which enables us to provide the Services to you.
The below terms and conditions, together with any policies referenced herein (these “Terms of Service” or “Terms”) describe your rights and responsibilities when you use the Services.
Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.
These Terms also include a binding individual arbitration requirement and class action waiver set forth in Section 21, which, subject to limited exceptions, require you and Your Bag Now Mine to arbitrate Disputes on an individual basis. Arbitration on an individual basis means that neither party will have the right for a judge or jury to decide its claims or to proceed in a class, consolidated, or representative capacity.
By visiting, interacting with or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy [LINK]. If you do not agree to these Terms of Service or Privacy Policy, you should not use or access our Services.
If you later seek to repudiate these Terms or any aspect thereof, you agree that such action constitutes a breach of these Terms, prohibits you from enforcing any aspect of the Terms, and entitles us to damages resulting from your breach.
If you are an individual using the Services on behalf of, or for the benefit of, any corporation, partnership, or other entity with which you are associated (an “Organization”), you are agreeing to these Terms on behalf of yourself and such Organization, and you represent and warrant that you have the legal authority to bind such Organization to these Terms. In that case, references to “you” and “your” in these Terms refer to both you, the individual using the Services, and to the Organization you represent.
2. ACCESS AND ACCOUNT
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, and you have given us your consent to allow any of your minor dependents to use the Services on devices you own, purchase or manage.
To use the Services, including accessing or browsing our online stores or purchasing any of the products or services we offer, you may be asked to provide certain information, such as your email address, billing, payment, and shipping information. You represent and warrant that all the information you provide in our stores is correct, current and complete and that you have all rights necessary to provide this information.
You are solely responsible for maintaining the security of your account credentials and for all of your account activity. You may not transfer, sell, assign, or license your account to any other person.
3. ADDITIONAL TERMS
Certain features of the Services may be subject to additional terms, conditions, rules, or guidelines (“Additional Terms”), and we may provide such Additional Terms to you via postings, pop-up notices, links, or other reasonable means. All Additional Terms are hereby incorporated by reference into these Terms. As such, any reference to the “Terms” herein includes the Additional Terms. If there is a conflict between the provisions herein and any Additional Terms, the Additional Terms shall control, but only to the extent of the conflict.
4. OUR PRODUCTS
We have made every effort to provide an accurate representation of our products and services in our online stores. However, please note that colors or product appearance may differ from how they may appear on your screen due to the type of device you use to access the store and your device settings and configuration.
Images on the Services, including photographs or other depictions of products (collectively, “Images”), are provided for general illustrative purposes only and may differ from our actual products. Without limiting the preceding sentence, differences in color and other variations between a product displayed on the Services and the actual product are possible due to display technologies and other reasons. To the fullest extent permitted by law, we disclaim all representations and warranties, express or implied, regarding the Images, and you agree that your reliance on any Images is done entirely at your own risk. If a product you order is not as described, pictured, or otherwise does not meet your expectations, your sole remedy is to return the product, to the extent available under our Refund Policy [LINK].
We do not warrant that the appearance or quality of any products or services purchased by you will meet your expectations or be the same as depicted or rendered in our online stores.
All descriptions of products are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any product at any time and may limit the quantities of any products that we offer to any person, geographic region or jurisdiction, on a case-by-case basis.
5. ORDERS
When you place an order, you are making an offer to purchase. Your Bag Now Mine reserves the right to accept, reject, modify, or cancel your order for any reason at its discretion, including after acceptance. Your order is not accepted until Your Bag Now Mine sends a shipping confirmation. An automated order confirmation email acknowledges receipt of your order but does not constitute acceptance. Acceptance of your order occurs when we send a subsequent confirmation email indicating that your order has been shipped. We must receive and process your payment before your order is accepted. Please review your order carefully before submitting, as Your Bag Now Mine may be unable to accommodate cancellation requests after an order is accepted. Without limiting the foregoing, we reserve the right to limit quantities purchased per person, per household, or per order. If we do not accept, make a change to, or cancel an order, we will attempt to notify you by contacting the email, billing address, and/or phone number provided at the time the order was made. If we reject, modify, or cancel an order after payment, our sole liability will be to provide a refund, if applicable.
Your purchases are subject to return or exchange solely in accordance with our Refund Policy [LINK].
You represent and warrant that your purchases are for your own personal or household use and not for commercial resale or export.
6. PRICES AND BILLING
Prices, discounts and promotions are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Unless otherwise expressly indicated, all prices displayed in our online stores are in United States dollars. If you access the Services from outside the United States, you are responsible for any currency conversion fees, foreign transaction fees, or other charges that your bank, credit card issuer, or payment provider may impose in connection with your purchase. Unless otherwise expressly stated, posted prices do not include taxes, shipping, handling, customs or import charges.
Prices posted in our online stores may be different from prices offered in physical stores or in online or other stores operated by third parties. We may offer, from time to time, promotions on the Services that may affect pricing and that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern.
You agree to provide current, complete and accurate purchase, payment and account information for all purchases made at our stores. You agree to promptly update your account and other information, including your email address, credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
You represent and warrant that (i) the credit card information you provide is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any.
7. SHIPPING AND DELIVERY
We are not liable for shipping and delivery delays. All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by shipping carriers, customs processing, or events outside our control. Once we transfer products to the carrier, title and risk of loss passes to you.
8. INTELLECTUAL PROPERTY
Our Services, including but not limited to all text, displays, images, graphics, product reviews, video, and audio, and the design, selection, and arrangement thereof, are owned by Your Bag Now Mine, its affiliates or licensors, and are protected by U.S. and foreign patent, copyright and other intellectual property laws.
These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Services without our prior written consent. Except as expressly provided herein, nothing in these Terms grants or shall be construed as granting a license or other rights to you under any patent, trademark, copyright, or other intellectual property of Your Bag Now Mine, Shopify or any third party. Unauthorized use of the Services may be a violation of federal and state intellectual property laws. All rights not expressly granted herein are reserved by Your Bag Now Mine.
Your Bag Now Mine’s names, logos, product and service names, designs, and slogans are trademarks of Your Bag Now Mine or its affiliates or licensors. You must not use such trademarks without the prior written permission of Your Bag Now Mine. Shopify’s name, logo, product and service names, designs and slogans are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans on the Services are the trademarks of their respective owners.
The Services are intended for users genuinely interested in our products and services. Under no circumstances may the Services be used for the purpose of, or with the intention of, initiating litigation or arbitration, including using the Services in order to trigger or induce an alleged violation of any law (“Litigation Purposes”). Use of the Services for Litigation Purposes is strictly prohibited, exceeds the parameters of the license granted under these Terms, and, as such, constitutes a breach by you of these Terms. In such circumstances, we may elect to terminate these Terms, without prejudice to our ability to seek damages, including attorneys’ fees, resulting from your breach.
9. OPTIONAL TOOLS
You may be provided with access to customer tools offered by third parties as part of the Services, which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of the optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new features through the Services (including the release of new tools and resources). Such new features shall also be deemed part of the Services and are subject to these Terms of Service.
10. THIRD-PARTY LINKS
The Services may contain materials and hyperlinks to websites provided or operated by third parties (including any embedded third-party functionality). We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites you choose to access. If you decide to leave the Services to access these materials or third party sites, you do so at your own risk.
We are not liable for any harm or damages related to your access of any third-party websites, or your purchase or use of any products, services, resources, or content on any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products and services should be directed to the third-party.
11. RELATIONSHIP WITH SHOPIFY
Your Bag Now Mine is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our Store are made directly with Your Bag Now Mine. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and Your Bag Now Mine, including any injury, damage, or loss resulting from purchased products and services. You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with Your Bag Now Mine.
12. PRIVACY POLICY
All personal information we collect through the Services is subject to our Privacy Policy, which can be viewed here [LINK], and certain personal information may be subject to Shopify’s Privacy Policy, which can be viewed here. By using the Services, you acknowledge that you have read these privacy policies.
Because the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services in order to provide and improve the Services for you. Information you submit to the Services will be transmitted to and shared with Shopify as well as third parties that may be located in other countries than where you reside, in order to provide services to you. Review our privacy policy [LINK] for more details on how we, Shopify, and our partners use your personal information.
13. VIDEO CONTENT AND COOKIES
The Services may contain video content, audiovisual content, or content of a like nature (collectively, “Video Content”). Video Content is provided for the purpose of enhancing the user experience on the Services and is, therefore, provided in connection with Your Bag Now Mine’s business activities in the field of retail sales. Your Bag Now Mine is not in the business of renting, selling, or delivering Video Content in a commercial manner. As such, you acknowledge and agree that Your Bag Now Mine is not a “video tape service provider,” as defined in the Video Privacy Protection Act (“VPPA”), 18 U.S.C.A. § 2710 or similar state laws.
Additionally, the Services may include online technologies and code-based tools, including cookies, pixels, web beacons, and software development kits (collectively, “Cookies”), that track and analyze information about your activity on the Services, including when you access pages containing Video Content (your “Site Activity”). Cookies may result in information about your Site Activity being transmitted from your browser to Your Bag Now Mine or to third parties, which, in turn, may result in the display of targeted advertisements on the Services or third-party websites, services, or platforms (collectively, “External Sites”). Whether Cookies on the Services result in your browser’s transmission of information to third parties depends on a number of factors that may be outside of our knowledge or control, including what External Sites you use, what information you have provided to External Sites, and whether and the extent to which you have limited the use of Cookies by External Sites.
You hereby acknowledge and agree that, if Cookies on the Services result in your browser’s transmission of information to External Sites, (a) such transmissions do not constitute a “knowing disclosure” of “personally identifiable information” by Your Bag Now Mine under the VPPA and (b) you will not initiate any litigation or otherwise assert any claim against Your Bag Now Mine based, in whole or in part, on such transmissions, whether under the VPPA, the California Invasion of Privacy Act (Cal. Penal Code § 630 et seq.), or any other statute, regulation, or cause of action.
14. FEEDBACK
If you submit, upload, post, email, or otherwise transmit any ideas, suggestions, feedback, Reviews, proposals, plans, or other content (collectively, “Feedback”), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute and display such Feedback in any medium for any purpose, including for commercial use. We may, for example, use our rights under this license to operate, provide, evaluate, enhance, improve and promote the Services and to perform our obligations and exercise our rights under the Terms of Service.
Notwithstanding anything to the contrary in these Terms, the license above does not apply to personal information included in Feedback that is not intended for public display (“Private Submissions”), such as personal information submitted when creating an account. Personal information included in Private Submissions shall be treated in accordance with our Privacy Policy. However, personal information included in Feedback that is intended for public display on the Services is licensed to us pursuant to the license above.
You also represent and warrant that: (i) you own or have all necessary rights to all Feedback; (ii) you have disclosed any compensation or incentives received in connection with your submission of Feedback; and (iii) your Feedback will comply with these Terms. We are and shall be under no obligation (1) to maintain your Feedback in confidence; (2) to pay compensation for your Feedback; or (3) to respond to your Feedback.
We may, but have no obligation to, monitor, edit or remove Feedback that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your Feedback will not violate any right of any third party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your Feedback will not contain libelous or otherwise unlawful, abusive or obscene Feedback, or contain any computer virus or other malware that could in any way affect the operation of the Services or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any Feedback. You are solely responsible for any Feedback you make and its accuracy. We take no responsibility and assume no liability for any Feedback posted by you or any third-party.
15. ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on or in the Services that contain typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information is inaccurate at any time without prior notice (including after you have submitted your order).
16. PROHIBITED USES
You may access and use the Services for lawful purposes only. You may not access or use the Services, directly or indirectly: (a) for any unlawful or malicious purpose; (b) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (c) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or harm any of our employees or any other person; (e) to transmit false or misleading information; (f) to send, knowingly receive, upload, download, use, or re-use any material that does not comply with the these Terms; (g) to transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation; (h) to impersonate or attempt to impersonate any other person or entity; or (i) to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by us, may harm Your Bag Now Mine, Shopify or users of the Services, or expose them to liability.
In addition, you agree not to: (a) upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Services; (b) reproduce, duplicate, copy, sell, resell or exploit any portion of the Services; (c) collect or track the personal information of others; (d) spam, phish, pharm, pretext, spider, crawl, or scrape; or (e) interfere with or circumvent the security features of the Services or any related website, other websites, or the Internet. We reserve the right to suspend, disable, or terminate your account at any time, without notice, if we determine that you have violated any part of these Terms.
Notwithstanding the use restrictions in this Section 16, nothing in these Terms prohibits or restricts your ability to express or publish any review, performance assessment, or similar analysis (collectively, “Reviews”) about YBNM, its employees or agents, or its products, to the extent that such Reviews are protected under applicable law, including any (a) “statement” protected by Cal. Civ. Code § 1670.8 or (b) “covered communication” as defined by the Consumer Review Fairness Act, 15 U.S.C.A. § 45b.
17. TERMINATION
These Terms will continue to apply until terminated by either you or Your Bag Now Mine. We may terminate these Terms, or suspend or terminate your access to the Services (or any part thereof), at any time without notice (a) if we believe you have breached these Terms, (b) if we stop providing the Services or any material component thereof, or (c) as we believe necessary to comply with applicable law. You may terminate these Terms at any time by discontinuing your use of the Services and, if applicable, deleting your account.
If you or we terminate these Terms, or if we suspend or terminate your access to the Services, you agree that (a) your right to access and use the Services ceases immediately; (b) we shall have no liability to you in connection with the same; and (c) except as expressly provided otherwise by Your Bag Now Mine, we will not refund any amounts that you have already paid to us. You will remain liable for all amounts due up to and including the date of termination.
The following sections will continue to apply following any termination: Intellectual Property, Video Content and Cookies, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver; Entire Agreement, Assignment, Linking to the Services, Disputes and Arbitration, Governing Law, Privacy Policy, and any other provisions that by their nature should survive termination.
18. DISCLAIMER OF WARRANTIES
THE INFORMATION PRESENTED ON OR THROUGH THE SERVICES IS MADE AVAILABLE SOLELY FOR GENERAL INFORMATION PURPOSES. WE DO NOT WARRANT THE ACCURACY, COMPLETENESS, OR USEFULNESS OF THIS INFORMATION. ANY RELIANCE YOU PLACE ON SUCH INFORMATION IS STRICTLY AT YOUR OWN RISK. WE DISCLAIM ALL LIABILITY AND RESPONSIBILITY ARISING FROM ANY RELIANCE PLACED ON SUCH MATERIALS BY YOU OR ANY OTHER VISITOR TO THE SERVICES, OR BY ANYONE WHO MAY BE INFORMED OF ANY OF ITS CONTENTS.
EXCEPT AS EXPRESSLY STATED BY YOUR BAG NOW MINE, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED ‘AS IS’ AND ‘AS AVAILABLE’ FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE, REPRESENT OR WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
19. LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO CASE SHALL YOUR BAG NOW MINE, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS OR LICENSORS, OR THOSE OF SHOPIFY AND ITS AFFILIATES, BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF THE SERVICES OR ANY PRODUCTS PROCURED USING THE SERVICES, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR ANY PRODUCT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICES OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, EVEN IF ADVISED OF THEIR POSSIBILITY.
Further, in no event shall the collective liability of Your Bag Now Mine, its partners, directors, officers, employees, affiliates, agents, contractors, service providers, licensors, and those of Shopify and its affiliates in connection with any Dispute exceed the greater of (a) $250 USD or (b) the total amount paid by you to Your Bag Now Mine in connection with orders placed through the Services in the twelve (12) months preceding the date on which your claim arose (or, if the Dispute involves multiple claims, the date on which the first such claim arose). This cap shall apply to the fullest extent permitted by applicable law, regardless of the form of action, whether in contract, tort (including negligence), strict liability, or otherwise, and even if any remedy fails of its essential purpose. You acknowledge and agree that the limitations of liability set forth in this Section 19 are fundamental elements of the basis of the bargain between you and Your Bag Now Mine, and that we would not be able to provide the Services or any products without such limitations.
For purposes of these Terms, “Warranty and Liability Exclusions” means any disclaimers of warranties and/or any exclusions, limitations, or caps on liability. Some jurisdictions do not permit the disclaimer of certain Warranty and Liability Exclusions. Accordingly, some of the Warranty and Liability Exclusions in these Terms might not apply to you, either in whole or in part. Nothing in these Terms seeks to impose Warranty and Liability Exclusions in a manner that is prohibited under applicable law. You agree, however, that all Warranty and Liability Exclusions in these Terms shall apply to the greatest extent permitted by applicable law.
20. INDEMNIFICATION
You agree to indemnify, defend and hold harmless Your Bag Now Mine, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers (collectively, the “Released Parties”) from any losses, damages, liabilities or claims, including reasonable attorneys’ fees, payable to any third party due to or arising out of (1) your breach of these Terms of Service or the documents they incorporate by reference, (2) your violation of any law or the rights of a third party, or (3) your access to and use of the Services.
We will notify you of any indemnifiable claim, provided that a failure to promptly notify will not relieve you of your obligations unless you are materially prejudiced. We may control the defense and settlement of such claim at your expense, including choice of counsel, but will not settle any claim requiring non-monetary obligations from you without your consent (not to be unreasonably withheld). You will cooperate in the defense of indemnified claims, including by providing relevant documents. You agree never to settle any matter for which your indemnification is required absent our prior written consent.
Separately, if you initiate, or threaten to initiate, any litigation, arbitration, or otherwise assert any claim against the Released Parties that is based or relies, in whole or in part, upon a repudiation or breach of any promises, representations, warranties, agreements, or consents that you have made or provided pursuant to these Terms (collectively, “Prohibited Legal Actions”), you agree to indemnify the Released Parties from and against any liabilities, claims, damages, costs, and expenses, including attorneys’ fees and costs, arising from or related to the Prohibited Legal Action or your threat of the same.
21. DISPUTES AND ARBITRATION
If there is any controversy, claim, action, or dispute arising out of or related to your use of the Services, including any products displayed on or purchased through the Services, or the breach, enforcement, interpretation, or validity of these Terms or any part of them (each, a “Dispute”), you and Your Bag Now Mine agree to resolve the Dispute through the procedures set forth in this Section 21.
A. INFORMAL DISPUTE RESOLUTION
You and Your Bag Now Mine agree to first attempt to avoid the costs of formal dispute resolution by giving each other a full and fair opportunity to address and resolve the Dispute informally. The party with the complaint (the “Complaining Party”) shall send written notice to the other party (the “Receiving Party”) describing the facts and circumstances of the Dispute (a “Dispute Notice”). All Dispute Notices must: (a) be signed by the Complaining Party; (b) include the Complaining Party’s name, physical address, and email address; (c) describe with specificity the nature and basis of the Dispute in a manner sufficient for the Receiving Party to evaluate the merits of the Complaining Party’s individualized claim; and (d) set forth the alleged damage and harm suffered and the specific relief sought with a calculation for it. Each Dispute Notice is limited to a single Dispute between you and Your Bag Now Mine. As such, your Dispute and those of others may not be combined into a single Dispute Notice.
Dispute Notices shall be sent as follows:
· To Your Bag Now Mine: You must send any Dispute Notice (a) by first-class or certified mail to 100 Duffy Avenue, Suite 510, Hicksville, New York, 11801, USA and (b) by email to ecommerce@yourbagnowmine.com.
· To You: We will send notice by (a) first-class or certified mail to the physical address we have on file for you (if any) and (b) by email to the email address we have on file for you (if any). If we do not have any address on file for you, or if we are, for any reason, unable to provide notice via the contact information on file, we reserve the right to provide notice by other reasonable means.
You and Your Bag Now Mine will attempt to resolve the Dispute through informal negotiation within sixty (60) days beginning on the date that a valid Dispute Notice is sent (the “Informal Negotiation Period”). During the Informal Negotiation Period, you and Your Bag Now Mine are required to conduct an individual meet-and-confer in person, or via teleconference or videoconference, that addresses only the Dispute between you and Your Bag Now Mine (the “Conference”). If you are represented by counsel, your counsel may participate in the Conference, but you will also need to participate. Your Bag Now Mine will participate in the Conference through one or more representatives, which may include our counsel. Both you and Your Bag Now Mine agree that the foregoing dispute resolution procedure (the “Informal Resolution Process”) is a condition precedent that must be satisfied before initiating any arbitration or litigation against the other party.
If any aspect or requirement of the Informal Resolution Process has not been completed, the parties agree that (a) a court of competent jurisdiction can enjoin the filing or prosecution of any arbitration or litigation and (b) unless prohibited by law, no arbitration administrator shall administer any arbitration or demand fees in connection with the Dispute.
B. INDIVIDUAL ARBITRATION
If any Dispute cannot be resolved through the Informal Resolution Process, you and Your Bag Now Mine agree that the Dispute shall be decided exclusively by binding arbitration on an individual basis. Arbitration on an individual basis means that neither party will have, and you and Your Bag Now Mine each hereby waive, the right for a judge or jury to decide its claims, and that neither party is permitted to proceed in a class, consolidated, or representative capacity. Other rights that you and Your Bag Now Mine would have in court will not be available or will be more limited in arbitration, including discovery and appeal rights.
Any such Dispute shall be exclusively submitted to JAMS (www.jamsadr.com) for binding arbitration under its rules then in effect, as modified by these Terms, before one arbitrator to be mutually agreed upon by both parties (a Dispute submitted to JAMS for arbitration being a “Demand for Arbitration”). The arbitration shall be conducted in accordance with the JAMS Consumer Arbitration Minimum Standards (the “Minimum Standards”) if, and only if, it is determined by JAMS or the arbitrator that the Minimum Standards are applicable to the Dispute. The Minimum Standards are available at www.jamsadr.com/consumer-minimum-standards. The location of any hearings will be determined by the applicable JAMS rules, provided that if the claim is for $5,000 or less, you may choose to (a) have the arbitration conducted solely on the basis of the documents submitted to the arbitrator or (b) hold a hearing by teleconference or videoconference.
The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any Dispute arising under or relating to the interpretation, applicability, enforceability, or formation of these Terms, including any claim that all or any part of these Terms are void or voidable. You and Your Bag Now Mine agree that the arbitrator shall have the exclusive power to rule on his or her own jurisdiction, including any objections with respect to the existence, scope, or validity of this Section 21 or the arbitrability of any claim or counterclaim. The award rendered by the arbitrator may be confirmed and enforced in a court of competent jurisdiction.
C. MASS ARBITRATION
If you or Your Bag Now Mine files a Demand for Arbitration that is one of twenty-five (25) or more similar Demands for Arbitration filed by parties represented by the same law firm or law firms acting in coordination (a “Mass Arbitration”), the arbitration of the Dispute, and all other Disputes constituting the Mass Arbitration, shall be conducted in accordance with the JAMS Mass Arbitration Procedures and Guidelines, including the JAMS Mass Arbitration Fee Schedule (the “Mass Arbitration Rules”). The Mass Arbitration Rules are available at www.jamsadr.com/mass-arbitration-procedures. Notwithstanding anything to the contrary in these Terms, you and Your Bag Now Mine agree that, in the event of a Mass Arbitration, any issues arising under or relating to (a) the interpretation, applicability, enforceability, or formation of these Terms, including any claim that all or any part of these Terms are void or voidable or (b) the jurisdiction of the arbitrator, including any objections with respect to the existence, scope, or validity of this Section 21(C) or the arbitrability of any claim or counterclaim, shall be decided by a court of competent jurisdiction.
D. EXCEPTIONS
In lieu of the dispute resolution procedures in this Section 21(A)-(C), you or Your Bag Now Mine may (a) bring a claim or elect to resolve a Dispute in small claims court in the United States consistent with any applicable jurisdictional and monetary limits that may apply, so long as the action is litigated exclusively in small claims court and is not removed or appealed to a court of general jurisdiction; and (b) file a claim in court to (i) enjoin the infringement or other misuse of its intellectual property rights or (ii) seek a declaration that the other party is in breach of these Terms. You and Your Bag Now Mine agree that, to the extent permitted by applicable law, any claims referenced in the preceding sentence must be brought and maintained on an individual basis. In addition, nothing in these Terms prohibits you or us from bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf (or vice versa).
22. GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by the laws of the United States and the State of New York, without regard to principles of conflict of laws. Any arbitration conducted pursuant to these Terms shall be governed by the Federal Arbitration Act, 9 U.S.C. §§ 1-16. Except for claims properly lodged in a small claims court in the United States, any Disputes not subject to arbitration pursuant to Section 21 shall be resolved by a court located in Nassau County, New York, and you hereby agree and submit to the exercise of personal jurisdiction and venue of such courts for the purpose of litigating any such claim or action.
23. MISCELLANEOUS
Severability. In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
Waiver. The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
Interpretation. In these Terms, the words “include,” “includes,” and “including” are used in an illustrative sense and shall be construed as if followed by “without limitation,” and the term “or” shall not be exclusive. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms. Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
Entire Agreement. These Terms of Service, including any Additional Terms and any policies or operating rules posted by us on this site or in respect to the Services, constitute the entire agreement and understanding between you and us and governs your use of the Services, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
No Relationship. These Terms do not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between you and Your Bag Now Mine.
Compliance with Laws. Your Bag Now Mine controls and operates the Services from within the United States and makes no representation or warranty that the Services are appropriate or available for use or access in any location outside of the United States. Anyone using or accessing the Services from outside the United States does so at their own risk and is responsible for compliance with all applicable laws and regulations, including U.S. and international export control laws and regulations.
Notice to California Residents. IF YOU ARE A CALIFORNIA RESIDENT, WITH RESPECT TO ANY WARRANTY AND LIABILITY EXCLUSIONS IN THESE TERMS, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”
Further, California residents may reach us at the contact information provided in Section 27 and the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
Admissibility. You agree that all agreements, notices, disclosures, and other communications that Your Bag Now Mine provides to you (a) via a notice on the Services or (b) an email to an address that we have on file for you will satisfy any legal requirement that such communications be in writing. You further agree that a printed version of these Terms and/or any notice given in electronic form shall be admissible in judicial or administrative proceedings (including arbitration) based upon or relating to these Terms or your use of the Services to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Assignment. You may not delegate, transfer, assign, or sublicense this Agreement or any of your rights or obligations under these Terms without our prior written consent, and any such attempt will be null and void. We may transfer, assign, sublicense, or delegate these Terms and our rights and obligations without consent or notice to you.
24. LINKING TO THE SERVICES
You agree not to create any hyperlink to the Services without our prior express written approval (including via email). To request linking permission, please contact us using the contact information in Section 27. If we grant linking permission, we may withdraw that permission at any time by providing you with written notice (including via email). Upon receipt of such notice, you agree to remove the applicable hyperlink immediately and not to re-establish any hyperlink to the Services without obtaining new written approval in accordance with this provision.
25. CHANGES TO THE SERVICES
We reserve the right to modify, suspend, or discontinue the Services and any aspect thereof, and you agree that Your Bag Now Mine shall not be liable for any such actions. These Terms shall automatically apply to all improvements and modifications to the Services.
26. CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time on this page.
We reserve the right, in our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. We will notify you of any material changes to these Terms in accordance with applicable law, and such changes will be effective on the date specified in the notice. Your continued use of or access to the Services following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
27. CONTACT INFORMATION
If you have questions about these Terms, contact us at ecommerce@yourbagnowmine.com.
Your Bag Now Mine
ecommerce@yourbagnowmine.com
100 Duffy Avenue, Suite 510, Hicksville, New York, 11801, USA
1-800-500-YBNM