Last Updated: April 9, 2025
Welcome, and thank you for your interest in Businesses Ending Slavery and Trafficking (“BEST,” “we,” or “us”) and our website at www.bestalliance.org, and our training center at www.best-training.org (“Training Center”), along with our related websites, hosted applications, and other services provided by us (collectively, the “Service”). BEST educates employers to prevent human trafficking and creates pathways to employment for survivors. These Terms of Service are a legally binding contract between you and BEST regarding your use of the Service.
PLEASE READ THE FOLLOWING TERMS CAREFULLY:
BY CLICKING “I ACCEPT,” OR BY DOWNLOADING, INSTALLING, OR OTHERWISE ACCESSING OR USING THE SERVICE, YOU AGREE THAT YOU HAVE READ AND UNDERSTOOD, AND, AS A CONDITION TO YOUR USE OF THE SERVICE, YOU AGREE TO BE BOUND BY, THE FOLLOWING TERMS AND CONDITIONS, INCLUDING BEST’S PRIVACY POLICY (TOGETHER, THESE “TERMS”). IF YOU ARE NOT ELIGIBLE, OR DO NOT AGREE TO THE TERMS, THEN YOU DO NOT HAVE OUR PERMISSION TO USE THE SERVICE. YOUR USE OF THE SERVICE, AND BEST’S PROVISION OF THE SERVICE TO YOU, CONSTITUTES AN AGREEMENT BY BEST AND BY YOU TO BE BOUND BY THESE TERMS.
ARBITRATION NOTICE. Except for certain kinds of disputes described in Section 16 (Dispute Resolution and Arbitration), you agree that disputes arising under these Terms will be resolved by binding, individual arbitration, and BY ACCEPTING THESE TERMS, YOU AND BEST ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING.
1. BEST Service Overview. BEST educates employers to prevent human trafficking and creates pathways to employment for survivors. Users may purchase or access our online courses, training videos, and/or related content (“Training Content”), which are made available through our Training Center.
2. Eligibility. You must be at least 18 years old to use the Service. By agreeing to these Terms, you represent and warrant to us that: (a) you are at least 18 years old; (b) you have not previously been suspended or removed from the Service; and (c) your registration and your use of the Service is in compliance with any and all applicable laws and regulations. If you are an entity, organization, or company (“Organization”), the individual accepting these Terms on your behalf represents and warrants that they have authority to bind you to these Terms and you agree to be bound by these Terms. If you are accessing the Service in connection with your employment or other relationship with an Organization (an “Organizational User”), you agree to comply with the policies of the applicable Organization and any agreement between you and that Organization. If you are an Organizational User accepting these Terms and an authorized representative of the Organization has already entered into a separate agreement regarding the use of the Service (“Separate Agreement”) prior to the date upon which you accept these Terms, any terms in these Terms that are inconsistent with the terms of the Separate Agreement will not apply to you and your and the Organization’s rights and obligations with respect to the Service will be governed by, and subject to, the Separate Agreement. As between you and BEST, you are responsible for resolving any dispute you may have with the Organization.
3. Accounts and Registration. You may access, browse, or use certain features of the Service, including short promotional videos on our website, without creating an account. However, to access certain features or content of the Training Center, you must register for an account. When you register for an account, you may be required to provide us with some information about yourself, such as your name, company name, email address, or other contact information. You agree that the information you provide to us is accurate, complete, and not misleading, and that you will keep it accurate and up to date at all times. When you register, you will be asked to create a password. You are solely responsible for maintaining the confidentiality of your account and password, and you accept responsibility for all activities that occur under your account. If you believe that your account is no longer secure, then you should immediately notify us at info@bestalliance.org.
4. General Payment Terms. Certain features of the Service may require you to pay fees, for example, to access certain Training Content. Before you pay any fees, you will have an opportunity to review and accept the fees that you will be charged. All fees are in U.S. Dollars and are non-refundable unless otherwise specifically provided for in these Terms. If we have grounds to suspect that any of your payment or account information is untrue, inaccurate, not current, or incomplete, we reserve the right to suspend or terminate any current or further purchases by you through the Service and to refuse your current or future access to and use of the Service or any portion of the Service.
4.1 Price. BEST reserves the right to determine pricing for the Service. BEST will make reasonable efforts to keep pricing information published on the Service up to date. We encourage you to check our pricing page periodically for current pricing information. BEST may change the fees for any feature of the Service, including additional fees or charges, if BEST gives you advance notice of changes before they apply. BEST, at its sole discretion, may make promotional offers with different features and different pricing to any of BEST’s customers. These promotional offers, unless made to you, will not apply to your offer or these Terms.
4.2 Authorization. You authorize BEST to charge all sums for the orders that you make as described in these Terms or published by BEST, including all applicable taxes, to the payment method specified in your account or otherwise specified by you when you make the purchase.
4.3 Donation. You may become a donor to BEST (“Donor”) by pledging a donation to BEST through the Service. You acknowledge and agree that you are under no obligation to become a Donor or to pledge a donation, and that you will be solely responsible for any decision to become a Donor. You understand that your contribution is being made to BEST and that BEST has exclusive legal control over all donations. All donations are unrestricted gifts and may not be specified for any particular purpose. In the event that you make a donation pledge, you will be required to provide your name, address, contact information, as well as truthful, accurate, valid, and current credit card or other payment information at the time of the pledge, and you authorize BEST or its third-party payment processors to charge the sum you specify on the Service. You agree that all donations are final and non-refundable. The Service may allow you to make recurring payments for monthly donations (“Recurring Donation”). To set up a Recurring Donation, you may be required to establish an account with our third-party donation-processing services (including DonorBox) and you agree to be bound by the terms and conditions of such third-party services. The “Donation Billing Date” is the date when you pledge your first donation to BEST. The Recurring Donation will begin on the Donation Billing Date and continue for an initial period of one month, and will automatically renew for successive one-month periods (the initial period and each such renewal period, each a “Donation Period”) unless you cancel the Recurring Donation or we terminate it. If you set up a Recurring Donation, then you authorize BEST or its third-party payment processors to periodically charge the amount of donation specified by you, on a going-forward basis and until cancellation of the Recurring Donation. Your payment method will be charged automatically on the Donation Billing Date and thereafter on the renewal date of your Recurring Donation for all applicable fees and taxes for the next Donation Period. You must cancel your Recurring Donation at least one week before it renews in order to avoid billing of the next periodic donation to your payment method. BEST or its third-party payment processor will bill the periodic donation to the payment method that you provide to us. You may cancel the Recurring Donation by following the instructions in your account with the third-party donation-processing services or contacting us at info@bestalliance.org. YOUR CANCELLATION MUST BE RECEIVED AT LEAST ONE WEEK BEFORE THE RENEWAL DATE IN ORDER TO AVOID CHARGE FOR THE NEXT DONATION PERIOD.
4.4 Purchase Cancellation. If we suspect that any information you provide to us in your account or in connection with a purchase through the Service is untrue, inaccurate, or incomplete, we reserve the right to (a) suspend or cancel any purchases made by you through the Service and prevent you from making future purchases, and/or (b) terminate your account and/or access to the Service.
5. Licenses
5.1 Limited License. Subject to your complete and ongoing compliance with these Terms, BEST grants you, solely for your personal, non-commercial use, a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service.
5.2 License Restrictions. Except and solely to the extent such a restriction is impermissible under applicable law, you may not: (a) reproduce, distribute, publicly display, publicly perform, or create derivative works of the Service, unless expressly authorized in accordance with Section 6; (b) make modifications to the Service; or (c) interfere with or circumvent any feature of the Service, including any security or access control mechanism. If you are prohibited under applicable law from using the Service, then you may not use it.
5.3 Feedback. We respect and appreciate the thoughts and comments from our users. If you choose to provide input and suggestions regarding existing functionalities, problems with or proposed modifications or improvements to the Service (“Feedback”), then you hereby grant BEST an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right and license to exploit the Feedback in any manner and for any purpose, including to improve the Service and create other products and services. We will have no obligation to provide you with attribution for any Feedback you provide to us.
6. Ownership; Proprietary Rights. The Service is owned and operated by BEST. The visual interfaces, graphics, design, compilation, information, data, Training Content, computer code (including source code or object code), products, software, services, and all other elements of the Service provided by BEST, including any printed materials (“Materials”) are protected by intellectual property and other laws. All Materials included in the Service are the property of BEST or its third-party licensors. Except as expressly authorized by BEST, you may not make use of the Materials. There are no implied licenses in these Terms and BEST reserves all rights to the Materials not granted expressly in these Terms. In certain cases (for example, subject to a quote or purchase order), BEST may authorize you to copy or distribute certain Materials that are owned by BEST solely in connection with the Service provided by BEST. In such cases, you will (a) comply with any restrictions or limitations communicated to you by BEST in connection with the use of such Materials, (b) not alter or obscure any copyright or other proprietary notices on the Materials, and (c) display the following copyright notice on all copies of the Materials:
Copyright © [insert year] by Business Ending Slavery & Trafficking. All rights reserved.
Permission to copy or distribute any Materials that are not owned by BEST must be obtained from the applicable third-party licensor(s).
7. Third-Party Terms
7.1 Third-Party Services and Linked Websites. The Service may contain links to third-party websites. Linked websites are not under BEST’s control, and BEST is not responsible for their content. Please be sure to review the terms of use and privacy policy of any third-party services before you share any User Content or information with such third-party services. Once sharing occurs, BEST will have no control over the information that has been shared.
8. User Content
8.1 User Content Generally. Certain features of the Service may permit users to submit, upload, publish, broadcast, or otherwise transmit (“Post”) content to the Service, including messages, reviews, photos, video or audio (including sound or voice recordings and musical recordings embodied in the video or audio), images, folders, data, text, and any other works of authorship or other works (“User Content”). You retain any copyright and other proprietary rights that you may hold in the User Content that you Post to the Service, subject to the licenses granted in these Terms.
8.2 Limited License Grant to BEST. By Posting User Content to or via the Service, you grant BEST a worldwide, non-exclusive, irrevocable, royalty-free, fully paid right and license (with the right to sublicense through multiple tiers) to host, store, transfer, publicly display, publicly perform (including by means of a digital audio transmission), communicate to the public, reproduce, modify for the purpose of formatting for display, create derivative works as authorized in these Terms, and distribute your User Content, in whole or in part, in any media formats and through any media channels.
8.3 User Content Representations and Warranties. You represent and warrant that you will not Post User Content if you are not the owner of or are not fully authorized to grant rights in all of the elements of that User Content. BEST disclaims any and all liability in connection with User Content. You are solely responsible for your User Content and the consequences of providing User Content via the Service.
8.4 User Content Disclaimer. We are under no obligation to edit or control User Content that you or other users Post and will not be in any way responsible or liable for User Content. BEST may, however, at any time and without prior notice, screen, remove, edit, or block any User Content that in our sole judgment violates these Terms, is alleged to violate the rights of third parties, or is otherwise objectionable.
9. Communications
9.1 Email. We may send you emails concerning our products and services, as well as those of third parties. You may opt out of promotional emails by following the unsubscribe instructions in the promotional email itself.
10. Prohibited Conduct. BY USING THE SERVICE, YOU AGREE NOT TO:
10.1 use the Service for any illegal purpose or in violation of any local, state, national, or international law;
10.2 violate, encourage others to violate, or provide instructions on how to violate, any right (including intellectual property right) of a third party;
10.3 access, search, or otherwise use any portion of the Service through the use of any engine, software, tool, agent, device, or mechanism (including spiders, robots, crawlers, and data mining tools) other than the software or search agents provided by BEST;
10.4 interfere with security-related features of the Service, including by engineering or otherwise attempting to discover the source code of any portion of the Service except to the extent that the activity is expressly permitted by applicable law;
10.5 interfere with the operation of the Service or any user’s enjoyment of the Service;
10.6 perform any fraudulent activity including impersonating any person or entity, claiming a false affiliation or identity, accessing any other Service account without permission;
10.7 sell or otherwise transfer the access granted under these Terms or any Materials (as defined in Section 6 (Ownership; Proprietary Rights)) or any right or ability to view, access, or use any Materials; or
10.8 attempt to do any of the acts described in this Section 10 (Prohibited Conduct) or assist or permit any person in engaging in any of the acts described in this Section 10 (Prohibited Conduct).
11. Modification of Terms. We may, from time to time, change these Terms. Please check these Terms periodically for changes. Revisions will be effective immediately except that, for existing users, material revisions will be effective 30 days after posting or notice to you of the revisions unless otherwise stated. We may require that you accept modified Terms in order to continue to use the Service. If you do not agree to the modified Terms, then you should remove your User Content (if any) and discontinue your use of the Service. Except as expressly permitted in this Section 11 (Modification of Terms), these Terms may be amended only by a written agreement signed by authorized representatives of the parties to these Terms.
12. Term, Termination, and Modification of the Service
12.1 Term. These Terms are effective beginning when you accept the Terms or first download, install, access, or use the Service, and ending when terminated as described in Section 12.2 (Termination).
12.2 Termination. If you violate any provision of these Terms, then your authorization to access the Service and these Terms automatically terminate. In addition, BEST may, at its sole discretion, terminate these Terms or your account on the Service, or suspend or terminate your access to the Service, at any time for any reason or no reason, with or without notice, and without any liability to you arising from such termination. You may terminate your account and these Terms at any time by contacting customer service at info@bestalliance.org.
12.3 Effect of Termination. Upon termination of these Terms: (a) your license rights will terminate and you must immediately cease all use of the Service; (b) you will no longer be authorized to access your account or the Service; (c) you must pay BEST any unpaid amount that was due prior to termination; and (d) all payment obligations accrued prior to termination and Sections 5.3 (Feedback), 6 (Ownership; Proprietary Rights), 8.3 (User Content Representations and Warranties), 8.4 (User Content Disclaimer), 12.3 (Effect of Termination), 13 (Indemnity), 14 (Disclaimers; No Warranties by BEST), 15 (Limitation of Liability), 16 (Dispute Resolution and Arbitration), and 17 (Miscellaneous) will survive. You are solely responsible for retaining copies of any User Content you Post to the Service since upon termination of your account, you may lose access rights to any User Content you Posted to the Service. If your account has been terminated for a breach of these Terms, then you are prohibited from creating a new account on the Service using a different name, email address or other forms of account verification.
12.4 Modification of the Service. BEST reserves the right to modify or discontinue all or any portion of the Service at any time (including by limiting or discontinuing certain features of the Service), temporarily or permanently, without notice to you. BEST will have no liability for any change to the Service, including any paid-for functionalities of the Service, or any suspension or termination of your access to or use of the Service. You should retain copies of any User Content you Post to the Service so that you have permanent copies in the event the Service is modified in such a way that you lose access to User Content you Posted to the Service.
13. Indemnity. To the fullest extent permitted by law, you are responsible for your use of the Service, and you will defend and indemnify BEST, its affiliates and their respective shareholders, directors, managers, members, officers, employees, consultants, and agents (together, the “BEST Entities”) from and against every claim brought by a third party, and any related liability, damage, loss, and expense, including attorneys’ fees and costs, arising out of or connected with: (1) your unauthorized use of, or misuse of, the Service; (2) your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; (3) your violation of any third-party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; or (4) any dispute or issue between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of those claims.
14. Disclaimers; No Warranties by BEST; Liability Release
14.1 THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. BEST DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE, INCLUDING: (a) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (b) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. BEST DOES NOT WARRANT THAT THE SERVICE OR ANY PORTION OF THE SERVICE, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE SERVICE, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND BEST DOES NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED.
14.2 NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICE OR BEST ENTITIES OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE WILL CREATE ANY WARRANTY REGARDING ANY OF THE BEST ENTITIES OR THE SERVICE THAT IS NOT EXPRESSLY STATED IN THESE TERMS. WE ARE NOT RESPONSIBLE FOR ANY DAMAGE THAT MAY RESULT FROM THE SERVICE AND YOUR DEALING WITH ANY OTHER SERVICE USER. YOU UNDERSTAND AND AGREE THAT YOU USE ANY PORTION OF THE SERVICE AT YOUR OWN DISCRETION AND RISK, AND THAT WE ARE NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE SERVICE) OR ANY LOSS OF DATA, INCLUDING USER CONTENT. TO THE EXTENT PERMITTED BY LAW, BEST MAKES NO REPRESENTATION AS TO WHETHER DONATIONS ARE TAX DEDUCTIBLE AND WILL HAVE NO LIABILITY FOR ANY CLAIM BY ANY FEDERAL OR STATE TAX AUTHORITY WITH RESPECT TO ANY CHARACTERIZATION BY YOU OR ANY USER ON ANY APPLICABLE FEDERAL OR STATE TAX RETURN.
14.3 WE ARE NOT YOUR ATTORNEY. BEST HAS NOT AND DOES NOT RENDER LEGAL ADVICE OR OFFER LEGAL ASSISTANCE, AND NO STATEMENTS, CONTENTS, OR INFORMATION PROVIDED BY BEST THROUGH THE SERVICE SHOULD BE CONSTRUED TO BE LEGAL ADVICE. YOU SHOULD ALWAYS CONSULT WITH YOUR OWN ATTORNEY REGARDING ANY LEGAL QUESTIONS OR ISSUES.
14.4 THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION 14 (DISCLAIMERS; NO WARRANTIES BY BEST) APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. BEST does not disclaim any warranty or other right that BEST is prohibited from disclaiming under applicable law.
14.5 You acknowledge that your use of the Service may involve risks that could result in bodily injury or death, including risks that may arise from the acts of others and other risks beyond the control of BEST. You hereby release and discharge BEST, any of its individual employees or volunteers, and its affiliate organizations from all actions, claims, or demands that you, your heirs, distributes, guardians, legal representatives, or assigns may have for bodily injury or property damage related to the Service or any training or advice provided by BEST. This release does not extend to claims for gross negligence, intentional or reckless misconduct, or any other liabilities that Washington law does not permit to be released by agreement. YOU UNDERSTAND THAT THIS RELEASE DISCHARGES BEST FROM ANY LIABILITY OR CLAIM THAT YOU MAY HAVE AGAINST BEST WITH RESPECT TO ANY BODILY INJURY, PERSONAL INJURY, ILLNESS, DEATH, PROPERTY DAMAGE, OR PROPERTY LOSS THAT ARISES OUT OF OR IS ATTRIBUTABLE TO THE SERVICE, INCLUDING THOSE CLAIMS THAT MAY BE UNKNOWN TO YOU, OR WHICH YOU DO NOT SUSPECT TO EXIST AT THIS TIME. WITH THE INTENTION OF WAIVING ALL UNKNOWN AND UNSUSPECTED CLAIMS, YOU HEREBY EXPRESSLY WAIVE ALL RIGHTS, BENEFITS, AND PROTECTIONS YOU MAY HAVE UNDER CALIFORNIA CIVIL CODE SECTION 1542, WHICH READS AS FOLLOWS:
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.
15. Limitation of Liability
15.1 TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE BEST ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICE OR ANY MATERIALS OR CONTENT ON THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY BEST ENTITY HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE.
15.2 EXCEPT AS PROVIDED IN SECTIONS 16.5 (COMMENCING ARBITRATION) AND 16.7 (ARBITRATION RELIEF) AND TO THE FULLEST EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF THE BEST ENTITIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE SERVICE OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE GREATER OF: (a) THE AMOUNT YOU HAVE PAID TO BEST FOR ACCESS TO AND USE OF THE SERVICE OR UNDER YOUR RELATED AGREEMENT (INCLUDING SERVICES AGREEMENT, IF APPLICABLE) WITH BEST, IN THE 3 MONTHS PRIOR TO THE EVENT OR CIRCUMSTANCE GIVING RISE TO THE CLAIM AND (b) US$100.
15.3 EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION 15 (LIMITATION OF LIABILITY) WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
16. Dispute Resolution and Arbitration
16.1 Generally. Except as described in Section 16.2 (Exceptions) and 16.3 (Opt-Out), you and BEST agree that every dispute arising in connection with these Terms, the Service, or communications from us will be resolved through binding arbitration. Arbitration uses a neutral arbitrator instead of a judge or jury, is less formal than a court proceeding, may allow for more limited discovery than in court, and is subject to very limited review by courts. This agreement to arbitrate disputes includes all claims whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms. Any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement will be resolved by the arbitrator.
YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND BEST ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
16.2 Exceptions. Although we are agreeing to arbitrate most disputes between us, nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either party to: (a) bring an individual action in small claims court; (b) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (c) seek injunctive relief in a court of law in aid of arbitration; or (d) to file suit in a court of law to address an intellectual property infringement claim.
16.3 Opt-Out. If you do not wish to resolve disputes by binding arbitration, you may opt out of the provisions of this Section 16 (Dispute Resolution and Arbitration) within 30 days after the date that you agree to these Terms by sending a letter to Businesses Ending Slavery and Trafficking, Attention: Legal Department – Arbitration Opt-Out, 1201 1st Ave South, Room 321, Seattle, Washington 98134, that specifies: your full legal name, the email address associated with your account on the Service, and a statement that you wish to opt out of arbitration (“Opt-Out Notice”). Once BEST receives your Opt-Out Notice, this Section 16 (Dispute Resolution and Arbitration) will be void and any action arising out of these Terms will be resolved as set forth in Section 17.2 (Governing Law). The remaining provisions of these Terms will not be affected by your Opt-Out Notice.
16.4 Arbitrator. This arbitration agreement, and any arbitration between us, is subject the Federal Arbitration Act and will be administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (collectively, “AAA Rules”) as modified by these Terms. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at +1-800-778-7879, or by contacting BEST.
16.5 Commencing Arbitration. Before initiating arbitration, a party must first send a written notice of the dispute to the other party by certified U.S. Mail or by Federal Express (signature required) or, only if that other party has not provided a current physical address, then by electronic mail (“Notice of Arbitration”). BEST’s address for Notice is: Businesses Ending Slavery and Trafficking, 1201 1st Ave South, Room 321, Seattle, Washington 98134. The Notice of Arbitration must: (a) identify the name or account number of the party making the claim; (b) describe the nature and basis of the claim or dispute; and (c) set forth the specific relief sought (“Demand”). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice of Arbitration is received, you or BEST may commence an arbitration proceeding. If you commence arbitration in accordance with these Terms, BEST will reimburse you for your payment of the filing fee, unless your claim is for more than US$10,000 or if BEST has received 25 or more similar demands for arbitration, in which case the payment of any fees will be decided by the AAA Rules. If the arbitrator finds that either the substance of the claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules and the other party may seek reimbursement for any fees paid to AAA.
16.6 Arbitration Proceedings. Any arbitration hearing will take place in the county and state of your residence unless we agree otherwise or, if the claim is for US$10,000 or less (and does not seek injunctive relief), you may choose whether the arbitration will be conducted: (a) solely on the basis of documents submitted to the arbitrator; (b) through a telephonic or video hearing; or (c) by an in-person hearing as established by the AAA Rules in the county (or parish) of your residence. During the arbitration, the amount of any settlement offer made by you or BEST must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based.
16.7 Arbitration Relief. Except as provided in Section 16.8 (No Class Actions), the arbitrator can award any relief that would be available if the claims had been brought in a court of competent jurisdiction. If the arbitrator awards you an amount higher than the last written settlement amount offered by BEST before an arbitrator was selected, BEST will pay to you the higher of: (a) the amount awarded by the arbitrator and (b) US$10,000. The arbitrator’s award shall be final and binding on all parties, except (1) for judicial review expressly permitted by law or (2) if the arbitrator's award includes an award of injunctive relief against a party, in which case that party shall have the right to seek judicial review of the injunctive relief in a court of competent jurisdiction that shall not be bound by the arbitrator's application or conclusions of law. Judgment on the award may be entered in any court having jurisdiction.
16.8 No Class Actions. YOU AND BEST AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and BEST agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
16.9 Modifications to this Arbitration Provision. If BEST makes any substantive change to this arbitration provision, you may reject the change by sending us written notice within 30 days of the change to BEST’s address for Notice of Arbitration, in which case your account with BEST will be immediately terminated and this arbitration provision, as in effect immediately prior to the changes you rejected will survive.
16.10 Enforceability. If Section 16.8 (No Class Actions) or the entirety of this Section 16 (Dispute Resolution and Arbitration) is found to be unenforceable, or if BEST receives an Opt-Out Notice from you, then the entirety of this Section 16 (Dispute Resolution and Arbitration) will be null and void and, in that case, the exclusive jurisdiction and venue described in Section 17.2 (Governing Law) will govern any action arising out of or related to these Terms.
16.11 Limitation of Action. You and BEST agree that any cause of action arising out of or related to the Service or these Terms must commence within one year after the cause of action accrues; otherwise, such cause of action is permanently barred.
17. Miscellaneous
17.1 General Terms. These Terms, including the Privacy Policy and any other agreements expressly incorporated by reference into these Terms, are the entire and exclusive understanding and agreement between you and BEST regarding your use of the Service. You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms and all rights granted under these Terms, including with respect to your User Content, at any time without notice or consent. The failure to require performance of any provision will not affect our right to require performance at any other time after that, nor will a waiver by us of any breach or default of these Terms, or any provision of these Terms, be a waiver of any subsequent breach or default or a waiver of the provision itself. Use of Section headers in these Terms is for convenience only and will not have any impact on the interpretation of any provision. Throughout these Terms the use of the word “including” means “including but not limited to.” If any part of these Terms is held to be invalid or unenforceable, then the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect.
17.2 Governing Law. These Terms are governed by the laws of the State of Washington without regard to conflict of law principles. You and BEST submit to the personal and exclusive jurisdiction of the state courts and federal courts located within King County, Washington for resolution of any lawsuit or court proceeding permitted under these Terms. We operate the Service from our offices in the State of Washington, and we make no representation that Materials included in the Service are appropriate or available for use in other locations.
17.3 Privacy Policy. Please read the BEST Privacy Policy (the “Privacy Policy”) carefully for information relating to our collection, use, storage, and disclosure of your personal information. The BEST Privacy Policy is incorporated by this reference into, and made a part of, these Terms.
17.4 Additional Terms. Your use of the Service is subject to all additional terms, policies, rules, or guidelines applicable to the Service or certain features of the Service that we may post on or link to from the Service (the “Additional Terms”). All Additional Terms are incorporated by this reference into, and made a part of, these Terms.
17.5 Consent to Electronic Communications. By using the Service, you consent to receiving certain electronic communications from us as further described in our Privacy Policy. Please read our Privacy Policy to learn more about our electronic communications practices. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that those communications be in writing.
17.6 Contact Information. The Service is offered by Business Ending Slavery and Trafficking, located at 1201 1st Ave South, Room 321, Seattle, Washington 98134. You may contact us by sending correspondence to that address or by emailing us at info@bestalliance.org.
17.7 Notice to California Residents. If you are a California resident, then under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at +1-800-952-5210 in order to resolve a complaint regarding the Service or to receive further information regarding use of the Service.
17.8 No Support. We are under no obligation to provide support for the Service. In instances where we may offer support, the support will be subject to published policies.
17.9 Translations. Parts of the Service, including certain Training Content, may be provided in a language other than English, and BEST uses third party translators to provide translations to or from English. BEST is not responsible for, and hereby disclaims any and all liabilities related to any errors in translations prepared by a third party translator. To report a translation error, please contact us at info@bestalliance.org.
17.10 International Use. The Service is intended for visitors located within the United States. We make no representation that the Service is appropriate or available for use outside of the United States. Access to the Service from countries or territories or by individuals where such access is illegal is prohibited.
