PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. THESE TERMS AND CONDITIONS CONTAIN A MANDATORY INDIVIDUAL ARBITRATION PROVISION IN SECTION 9 (THE “ARBITRATION AGREEMENT”) THAT REQUIRES THE EXCLUSIVE USE OF FINAL AND BINDING ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES BETWEEN YOU AND BEAWARE, INCLUDING ANY CLAIMS THAT AROSE OR WERE ASSERTED BEFORE YOU AGREED TO THESE TERMS. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU EXPRESSLY WAIVE YOUR RIGHT TO SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL ON YOUR CLAIMS, AS WELL AS YOUR RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE, PRIVATE ATTORNEY GENERAL OR REPRESENTATIVE ACTION OR PROCEEDING. Welcome to BeAware Deaf Assistant LLC, a Michigan limited liability company, (“we”, “our”, “us”, “BeAware”, or the “Company”). These Terms and Conditions (“Terms” or the “Agreement”) govern your use of our website, services, and applications (collectively, “Services”). By accessing or using the Services, you (“you,” “your,” “Customer”) agree to be bound by these Terms. If you do not agree to these Terms, please do not use the Services.
By creating an account, accessing, or using our Services, clicking a button or checking a box indicating acceptance of these Terms, you signify that you have read, understood, and agree to comply with and be legally bound by these Terms and any applicable laws and regulations. These Terms apply to all visitors, users, and others who access or use the Services.
We may update these Terms occasionally. We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If we materially update any portion of these Terms, we will notify you thirty (30) days’ prior at the email address provided in your Account profile, or by other reasonable means. We will also post the updated Terms on the BeAware website.
You must be at least 18 years old to use the Services. By using the Services, you represent and warrant that you meet this eligibility requirement.
To use certain features of the Services, you may need to create an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.
You are responsible for your use of the Services and for any content you post, including compliance with applicable laws, rules, and regulations. You agree not to use the Services for any unlawful or prohibited activity.
BeAware provides live transcription and translation services to enhance accessibility for in- person events. We strive to ensure that our Services are accessible to the deaf and hard of hearing community, as well as to non-English speakers.
For certain events, we may offer our Services in exchange for sponsorship. This agreement will be detailed in a separate Sponsorship Agreement document.
Unless otherwise agreed upon in writing, payment for our Services is due upon receipt of an invoice. You must make full payment for invoices issued in any given month within thirty (30) days of the invoice's mailing date; otherwise, BeAware may suspend the Services. If you do not pay an invoice on time, BeAware may apply additional charges as specified in the invoice terms. If you dispute a charge, you must send BeAware written notice of your dispute and your reason(s) for disputing it within thirty (30) days of the date on the invoice containing the disputed charge. If you do not follow these instructions, you must still pay all such charges. You confirm to BeAware that all payment information you provide is accurate and that you are authorized to use the payment instrument. You also authorize us to process your payments through a third party and consent to our sharing your payment information with that third party.
All intellectual property rights in the Services, including but not limited to software, content, and trademarks, are owned by or licensed to the Company. You may not use, reproduce, or distribute any intellectual property from the Services without our express written permission.
By submitting content through the Services, you grant the Company a worldwide, non-exclusive, royalty-free license to use, copy, modify, and distribute such content for the purpose of: (a) providing the Services in accordance with the purposes set forth in these Terms; (b) detecting data security incidents or to protect against fraudulent or illegal activity; and (c) enforcing BeAware’s rights under these Terms.
We are committed to complying with the General Data Privacy Regulations (GDPR), the California Consumer Privacy Act, Personal Information Protection and Electronic Documents Act, and other applicable privacy laws (collectively, “Privacy Laws”). For the purposes of the Privacy Laws, we are the data controller of your personal data.
WWe collect personal data that you provide to us directly, such as when you create an account or contact us for support. This may include your name, email address, phone number, and any other information you choose to provide.
We use your personal data (“Customer Data”) to provide and improve our Services, communicate with you, and comply with legal obligations. We may also use your data to send you promotional materials. You may opt out of these promotional communications at any time. You can also contact us if you would like a way for us to not use any of your data
We do not share Customer Data with third parties, except as necessary to provide our Services, comply with the law, or protect our rights. If we do share Customer Data with third parties, we ensure they comply with the Privacy Laws.
We retain your personal data only for as long as necessary to fulfill the purposes for which it was collected and to comply with legal obligations.
Under Privacy Laws, you have the right to access, rectify, or erase your personal data. You also have the right to restrict or object to the processing of your data, and the right to data portability. To exercise these rights, please contact us at hi@deafassistant.com.
BeAware implements administrative, physical and technical safeguards and technologies to protect your personal data against unauthorized access, alteration, disclosure, or destruction. In the event that BeAware determines that unencrypted or unredacted Customer Data was accessed or acquired by an unauthorized party, BeAware will promptly inform you of the incident and will reasonably cooperate with your investigation of the incident.
The Services are provided “as is” and “as available” without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement.
BEAWARE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) YOUR USE OF OR INABILITY TO USE THE SERVICES; (B) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY PERSONAL INFORMATION STORED THEREIN; (C) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES; (D) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY; OR (E) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES.
You agree that: (a) your use of the Services will be deemed to have been performed in Michigan, regardless of where the Services are actually provided or accessed; and (b) your use of the Services will be deemed a passive one that does not give rise to personal jurisdiction over us, either specific or general, in jurisdictions other than Michigan. These Terms will be governed by the internal substantive laws of the State of Michigan, without respect to its conflict of laws principles. The parties acknowledge that these Terms evidence a transaction involving interstate commerce. Notwithstanding the preceding sentences with respect to the substantive law, the Federal Arbitration Act (9 U.S.C. §§ 1-16) (“FAA”) governs the interpretation and enforcement of the Arbitration Agreement in Section 9 (“Arbitration Agreement”) and preempts all state laws to the fullest extent permitted by law. If the FAA is found to not apply to any issue that arises from or relates to the Arbitration Agreement, then that issue will be resolved under and governed by the law of the state of Michigan. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You agree to submit to the exclusive personal jurisdiction of the federal and state courts located in the city of Detroit and in Wayne County, Michigan for any actions for which we retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of our copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights, as set forth in Section 9 (“Arbitration”) below, including any provisional relief required to prevent irreparable harm. You agree that Wayne County, Michigan is the proper and exclusive forum for any appeals of an arbitration award or for trial court proceedings in the event that the arbitration provision below is found to be unenforceable.
READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES THE PARTIES TO ARBITRATE THEIR DISPUTES AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM BEAWARE.
Each party irrevocably agrees that, subject to the provisions of clause 0 below, the courts of Wayne County, Michigan have non-exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this contract, including non-contractual disputes or claims, or any question regarding its existence, validity or termination (individually and collectively, “Dispute”).
Despite the above clause 0, the parties agree that the Company may, at its sole option (and regardless of whether the Company is claimant or respondent), refer a Dispute, for final resolution, to arbitration rather than to litigation. The arbitration shall be administered by American Arbitration Association (“AAA”) under its AAA rules which rules are deemed to be incorporated by reference into this clause. The number of arbitrators will be one. The seat, or legal place, of arbitration will be Detroit, Michigan and the language of the arbitral proceedings will be English. The governing law of this arbitration agreement will be the substantive law of Wayne County, Michigan. This clause 0 is for the benefit of BeAware. Nothing in this clause will affect any right either party may have to seek interim relief from a national court that is not available from the arbitral tribunal.
If the Customer has already initiated court proceedings in relation to a Dispute before BeAware has commenced arbitration proceedings, Customer agrees that, on the demand of BeAware, those court proceedings shall be discontinued by the Customer within fourteen (14) days after BeAware has commenced arbitration proceedings in respect of the Dispute. BeAware must deliver the demand for discontinuance within fourteen (14) days of service of the court proceedings by the Customer on BeAware and must commence the arbitration proceedings within thirty (30) days of delivery of the demand for discontinuance. The Customer will pay all costs incurred in connection with the court proceedings and the Customer will indemnify BeAware in respect of any costs that BeAware may be liable to pay under any order made in the court proceedings OR Each party will bear its own costs in connection with the court proceedings.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. By continuing to access or use our Services after any revisions become effective, you agree to be bound by the revised Terms.
If you have any questions about these Terms, please contact us at:
Email: hi@deafassistant.com
Phone: 214-68 39-508
Address: 2200 Hunt St. Detroit, MI 48207