Privacy, legal, and other disclaimers
1. ScopeExcept as otherwise noted below, this Notice applies to the personal information that MyBrandForce processes as a controller related to:
- our “Services,” which include our mobile applications, websites, and other online services (and any feature thereof) and other products and services we make available to customers and partners.
- individuals that apply to become a MyBrandForce brand agent.
- individuals who are hired and paid as a MyBrandForce brand agent.
- individuals that register for or participate in our webinars and other events.
- current, former, and prospective independent contractors, customers, vendors, and partners
- individuals who are subscribed to receive news, information, and marketing communications from us; and
- individuals that communicate with us or otherwise engage with us related to our Services.
2. How we collect personal dataWe may collect personal information directly from individuals, automatically, and from third parties when such data relates to the use of our Services or other interactions with us. Data provided by users. The personal information we may collect from you depends upon how you use our Services or otherwise interact or engage with us, but generally includes:
- Registration and profile information. When you register for an account in connection with our Services, or we provide you with account login credentials to access our Services, we may collect certain personal information from you, such as your name, phone number, date of birth, and email address, as well as any personal information that you otherwise submit to us through your account.
- Background check information (brand agents): This includes information submitted during the brand agent application process, such as driver history or criminal record (where permitted by law), license status, known aliases, prior addresses, and right to work. This information may be collected by an authorized vendor on MyBrandForce’s behalf.
- Payments. When you register to receive payment through the Services, we collect payment or banking information to process your payments. This information may be collected by an authorized vendor on MyBrandForce’s behalf.
- Identity verification photos: This includes photos of users (such as, selfies) and/or their government issued identifications (such as, driver’s license or passports). Such photos may be used to verify a user’s identity, such as through facial verification technologies. Please see the section titled “How we use personal data” for more information regarding how user photos are used for safety and security purposes, including identity verification.
- Demographic data: We may collect demographic data about users, such as birth date/age, gender, or occupation, when required for certain MyBrandForce services or programs, such as Services involving alcohol. We may also collect demographic data – such as age group, education level, language skills, and household composition – through user surveys, and use this information to offer MyBrandForce products and services that are likely to be of interest to you.
- Communications and interactions. When you text, email, call, or otherwise communicate with us and with members of our team, we may collect and maintain a record of your contact details, communications, and our responses. We also maintain records of communications regarding information you provide to us related to any customer support requests.
- Survey responses. When you provide answers to the surveys we publish in connection with our Services, we may collect such survey responses, including but not limited to information regarding demographics, your food and drink consumption and preferences, your workplace, your education level and your opinion about products and services. Participation in our surveys is completely voluntary. You may choose not to answer any survey.
- Events and other requests. We may also collect personal information related to your participation in our events as well as other requests that you submit to us related to our Services. For example, if you register for or attend an event that we host or sponsor, we may collect information related to your registration for and participation in such event. When you contact us via text, social media, email, sign up for our mailing lists, or otherwise request information from us, we collect and maintain records of your requests, including through forms you may complete on our website.
- Location data (brand agents). We collect precise or approximate location information from brand agents’ mobile devices if they enable us to do so via their device settings. MyBrandForce collects such data any time the mobile app is running in the foreground (app open and on-screen) or background (app open but not on-screen). Brand agents may use the MyBrandForce apps without enabling collection of location data from their mobile devices. However, this may affect certain features in the MyBrandForce apps. For example, a brand agent who has not enabled location data will not be able to claim or complete a mission.
- Usage data: We collect data about how users interact with our services. This includes access dates and times, app features or pages viewed, browser type, and app crashes and other system activity.
- Device data: We collect data about the devices used to access our services, including the hardware models, device IP address or other unique device identifiers, operating systems and versions, software, preferred languages, advertising identifiers, device motion data, and mobile network data.
- Lead and prospect information from third parties about prospective independent contractors or customers that may be interested in our Services. We may also engage with third parties to enhance or update our customer information.
- Users participate in our referral programs. For example, when a user refers another person, we receive the referred person’s data from that user.
- Users or others providing information in connection with claims or disputes.
- MyBrandForce business partners through which users create or access their MyBrandForce account, such as payment providers, social media services, secure document management services, or apps or websites that use MyBrandForce’s APIs or whose APIs MyBrandForce uses.
- Vendors who help us verify users’ identity, background information, and eligibility to work, or who screen users in connection with sanctions, anti-money laundering, or know-your-customer requirements.
- Publicly available sources
- Law enforcement officials, public health officials, and government authorities
- Marketing service providers or data resellers whose data MyBrandForce uses for marketing or research.
3. How we use personal dataMyBrandForce uses data to enable reliable and convenient mission execution and other products and services. We also use such data:
- to provide our services
- to enhance the safety and security of our users and services
- for customer support
- for research and development
- to enable communications between users
- for marketing and advertising
- to send non-marketing communications to users
- • in connection with legal proceedings
- create/update accounts.
- enable mission data collection and other services/features.
- match available brand agents to missions needing services. Users can be matched based on availability, location/proximity, user settings/preferences and other actors such as likelihood to accept a mission based on their past behavior or preferences.
- offer features that facilitate the use of our services by those with disabilities.
- enable dynamic pricing, in which mission prices or other fees are determined based on factors such as estimated time and distance, predicted route, estimated traffic, and the current number of users requesting or providing services.
- process payments
- personalize users’ accounts. For example, we may present brand agents with training and/or mission opportunities based on their training or mission completion history.
- perform necessary operations to maintain our services, including troubleshooting software bugs and operational problems.
- Safety and security. We use data to help maintain the safety, security, and integrity of our services and users. This includes:
- verifying users' identity and eligibility to provide mission services, including through reviews of background checks, to help prevent use of our services by unsafe brand agents.
- using brand agent location information, and communications between brand agents, to identify mission fees earned or induced through fraud. For example, if we determine that a brand agent, individually or in cooperation with another brand agent, is delaying a mission completion to drive up the fee for the mission, we will take disciplinary measures against all parties involved.
- using device, location, user profile, usage, and other data to prevent, detect, and combat other types of fraud. This includes identifying fraudulent accounts or uses of our services, preventing use of our services by unauthorized brand agents, verifying user identities in connection with certain payment methods, and preventing and combating unauthorized access to users’ accounts. In some cases, such as when a user is determined to be abusing MyBrandForce’s referral program or has submitted fraudulent documents, such behavior may result in automatic deactivation, or in the European Union or where otherwise required by law, deactivation after human review. To object to such a deactivation, please contact MyBrandForce customer support.
- Customer support. MyBrandForce uses the information we collect (which may include call recordings) to provide customer support, including to investigate and address user concerns and to monitor and improve our customer support responses and processes.
- Research and development. We use data for testing, research, analysis, product development, and machine learning to improve the user experience. This helps us make our services more convenient and easier-to-use, enhance the safety and security of our services, and develop new services and features.
- Enabling communications between users. For example, a brand agent may message or call an operations manager to confirm a mission location or details.
- Marketing and Advertising. MyBrandForce may use data to market its services and those of MyBrandForce partners. This may include:
- Sending emails, text messages, push notification, and in-app messages or other communications marketing or advertising MyBrandForce products, services, features, offers, promotions, sweepstakes, news, and events.
- Displaying MyBrandForce advertising on third party apps or websites. This includes using location, mission history, device data and usage data, and sharing hashed email addresses and device or user identifiers with advertising partners (such as Facebook and TikTok), to personalize such ads to users’ interests.
- Measuring the effectiveness of MyBrandForce’s ads, and of third-party ads displayed in MyBrandForce’s apps or in connection with our services.
- Non-marketing communications. MyBrandForce may use data to send surveys and other communications that are not for the purpose of marketing the services or products of MyBrandForce or its partners.
- Legal proceedings and requirements. We use data to investigate or address claims or disputes relating to use of MyBrandForce’s services, to satisfy requirements under applicable laws, regulations, or operating licenses or agreements, or pursuant to legal process or governmental request, including from law enforcement.
4. Data sharing and disclosureWe may disclose the personal information that we collect for the purposes described above, to provide our Services to you, to respond to and fulfil your requests, as otherwise directed or consented to by you, and as follows:
- Vendors and service providers. We may disclose personal information we collect to our service providers, processors and others who perform functions on our behalf. These may include, for example, IT service providers, payment processors, analytics providers, consultants, auditors, and legal counsel.
- Our affiliates and subsidiaries. We may disclose personal information we collect to our affiliates or subsidiaries, who will use and disclose this personal information in accordance with the principles of this Policy, and the more specific policies.
- Customers. We may disclose deidentified, aggregated information regarding your use of our Services to help our business customers better understand consumer behavior. For example, we may combine and/or aggregate information or survey responses that you allow us to collect with the responses of others to produce deidentified reports. We may also create aggregated reports based upon deidentified modeled information. “Modeled information” is data based upon demographic and behavioral characteristics (e.g., gender, age, and purchasing habits) to predict what people with similar or matching characteristics would buy.
- Third party platforms, providers, and networks. We may disclose or make available personal information to third party platforms and providers that we use to provide or make available certain features or portions of the Services, or as necessary to respond to your requests. We may also make certain information that includes personal information available to third parties in support of our marketing, analytics, advertising and campaign management.
- Commercial Partners and Other Third Parties. (i) In connection with our business, we may disclose demographic information (e.g., gender, household size, and number of children) to commercial partners and other third parties in either single or aggregate summary form and may also provide other aggregate or deidentified information to such third parties (singular summary includes demographic information about a person without specifically identifying the person and aggregate summary includes demographic information about a group of persons without specifically identifying any person within the group); or (ii) we may also provide your personal information, with respect to some of our Services, to commercial partners and other third parties, such as retailers, brands, and partners we co-sponsor surveys with, for marketing research and analytics purposes (for example, to create models that estimate consumer preferences in the total population or to inform market segments).
- Data contributors with respect to digital products. In limited instances, specifically with respect to MyBrandForce’s digital products, MyBrandForce combines its own digital data with the data of its customers and other third parties. To ensure the combined data can be continuously updated by all parties contributing data, the data is associated with a unique ID that is made available to all data contributors. The data made available does not directly identify consumers (i.e., name, email, physical address, and other directly identifying information is not made available to data contributors).
- In support of business transfers. If we or our affiliates are or may be acquired by, merged with, or invested in by another company, or if any of our assets are or may be transferred to another company, whether as part of a bankruptcy or insolvency proceeding or otherwise, we may transfer the information we have collected from you to the other company. We may also share certain personal information as necessary prior to the completion of such a transaction or corporate transactions such as financings or restructurings, to lenders, auditors, and third-party advisors, including attorneys and consultants, as part of due diligence or as necessary to plan for a transaction.
- Compliance and legal obligations. We may also disclose personal information to third parties to comply with our legal and compliance obligations and to respond to legal process. For example, we may disclose information in response to subpoenas, court orders, and other lawful requests by regulators and law enforcement, including responding to national security or law enforcement disclosure requirements. This may include regulators, government entities, and law enforcement as required by law or legal process. In addition, it may include certain disclosures that we are required to make under applicable laws, such as the names of sweepstakes and contest winners.
5. Aggregate data and non-identifiable dataWe may also receive, use, and disclose aggregate and other non-identifiable data related to our business and the Services for quality control, analytics, research, development, and other purposes. Some of this information may be considered “deidentified” under U.S. privacy laws (i.e., data that it is no longer linked or reasonably linkable to an identified or identifiable consumer). Where we rely on data that has been “de-identified” as defined by U.S. privacy laws, we will maintain and use such information in deidentified form and will not attempt to reidentify such information, except to determine whether our deidentification processes are reasonable and adequate or as otherwise set forth by these laws.
- Cookies. Cookies are small text files that are stored on browsers or devices by websites, apps, online media, and advertisements. Some cookies allow us to make it easier for you to navigate our Services, while others are used to enable a faster log-in process, support the security and performance of the Services, or allow us to track activity and usage data within Service.
- Pixel tags. Pixel tags (sometime called web beacons or clear GIFs) are tiny graphics with a unique identifier, similar in function to cookies. While cookies are stored locally on your device, pixel tags are embedded invisibly within web pages and online content. We may use these, in connection with our Services to, among other things, track the activities of users, help us manage content and compile usage statistics. We may also use these in HTML e-mails we send, to help us track e-mail response rates, identify when our e-mails are viewed, and track whether our e-mails are forwarded.
- Browser settings. If you wish to prevent cookies from tracking your activity on our website or visits across multiple websites, you can set your browser to block certain cookies or notify you when a cookie is set; you can also delete cookies. The Help portion of the toolbar on most browsers will tell you how to prevent your device from accepting new cookies, how to have the browser notify you when you receive a new cookie, or how to delete cookies. Visitors to our Services who disable cookies will be able to browse the website, but some features may not function.
7. International transfers of dataMyBrandForce is headquartered in the United States, and has operations, entities, and service providers in the United States and throughout the world. As such, MyBrandForce may collect your personal information from the United States, and we may transfer your personal information to and process your personal information from the United States and other jurisdictions where we and our affiliates and service providers have operations. Some of these jurisdictions (including the United States) may not provide equivalent levels of data protection as compared to your home jurisdiction. Where applicable, transfers to service providers or other third parties will be made pursuant to the recipient’s compliance with the European Commission’s Standard Contractual Clauses and/or the UK’s International Data Transfer Addendum/ Agreement; pursuant to the consent of the individual to whom the personal information pertains; as necessary to perform a contract with that individual or in the individual’s interest, or to carry out pre-contractual steps; or as otherwise permitted by applicable law.
8. Your privacy choicesWe make available several ways that you can manage your privacy choices and submit privacy requests related to your personal data. These include:
- Account information. You can review and update some of the personal information that we maintain about you by logging into your account, where applicable, and updating your account information.
- Push notifications. In connection with some of our Services, we may send push notifications from time-to-time to communicate with you regarding your account and missions. If you no longer wish to receive these types of communications, you may turn them off at the device level.
- Targeted advertising/cookie preferences. As described in 6. Cookies, Targeting and Analytics there are several ways that you can manage your preferences for targeting cookies and advertising by us and on our website. You can review or change your preferences for many cookies and tags on our website, other than those that are necessary to operation and functionality, by adjusting your cookie settings in your browser. These preferences are browser and device specific. So, you will need to set your preferences for each browser and device you use, and if you subsequently delete or block cookies you may need to reapply these settings.
- Marketing communications. You can opt out of receiving marketing emails from us by using the unsubscribe link in the footer of each marketing email we send to you.
- Text messages. We may use the phone number associated with a specific Service to contact you with information related to your use of that Service. Such text messages are for transactional purposes only, and never for marketing of any kind. You may opt out of text messaging at any time by texting STOP to the number provided in the text or by contacting us through the information in 13. Contact Us. Residents of certain jurisdictions, including California and other U.S. states, the European Union, and the United Kingdom, have additional rights as set forth below in 14. Additional Information for Residents in Certain Jurisdictions
9. Data retention and deletionMyBrandForce retains user data for as long as necessary for the purposes described above, including providing its services and complying with legal obligations. MyBrandForce retains user data for as long as necessary for the purposes described above. The period for which we retain user data is determined by the type of data, the category of user to whom the data relates, and the purposes for which we collected the data. The length for which MyBrandForce retains user data may further be determined by legal and regulatory requirements, purposes of safety, security, and fraud prevention, or by issues relating to the user’s account such as an outstanding credit or an unresolved claim or dispute. For example, we retain data:
- for the life of users’ accounts if such data is necessary to provide our services. E.g., user profile information and credentials.
- for 7 years if necessary to comply with tax requirements. E.g., brand agents’ payment or mission location information.
- for defined periods as necessary for purposes of safety or fraud prevention. E.g., we retain incomplete brand agent applications for 1 year, and rejected brand agent applications for 7 years.
- after requests for account deletion if necessary for purposes of safety, security, fraud prevention or compliance with legal requirements, or because of issues relating to the user’s account (such as an outstanding credit or an unresolved claim or dispute).
10. ChildrenProtecting the privacy of young children is especially important. Our Services are not directed to children under the age of 16, and we do not knowingly collect personal information from children under the age of 16 without obtaining parental consent. If we learn that personal information has been collected on the Services from persons under 16 years of age and without verifiable parental consent, then we will take the appropriate steps to delete this information. If you are a parent or guardian and discover that your child under 16 years of age has obtained an account on the Services, then you may alert us using the information provided in Section 13. Contact Us, and request that we delete that child’s personal information from our systems.
11. SecurityWe have implemented safeguards that are intended to protect the personal information we collect from loss, misuse, and unauthorized access, disclosure, alteration, and destruction. Please be aware that despite our efforts, no data security measures can guarantee security.
12. Changes to this PolicyThis Policy is current as of the Effective Date set forth above. We may change this Policy from time to time, so please be sure to check back periodically. We will post any updates to the Policy at www.MyBrandForce.com/privacy. If we make material changes to how we collect, use and disclose the personal data we have previously collected about you, we will endeavor to provide you prior notice, such as by emailing you or posting prominent notice through on our website or within the Services.
13. Contact usIf you have questions about this Notice or our privacy practices, you may contact us by email at jnfo@MyBrandForce.com.
14. Additional information for residents in certain jurisdictionsThis section includes additional information as required under privacy laws of certain jurisdictions.
1. EEA and UKResidents of the EEA and UK have the following rights regarding your personal information that we hold, subject to any conditions or limitations set out in applicable law:
- Access. You have the right to obtain information about our processing of your personal information and obtain access to and a copy of your personal information.
- Rectification. You may have the right to update, complete, or correct inaccuracies in your personal information.
- Erasure. You may have the right to have your personal information deleted.
- Portability. You may have the right to obtain a machine-readable copy of your personal information or to have us transfer it to another controller of your choice.
- Restriction. You have the right to restrict the processing of your personal information, meaning that we will not further process your personal information except to store it.
- Withdrawal of consent. You have the right to withdraw your consent to our processing of your personal information, without affecting the lawfulness of processing up until withdrawal.
- You also have the right to object to the processing of your personal information for direct marketing (including profiling) purposes.
2. United StatesIf you are a resident of California, please review our California Privacy Supplement for a description of your rights pursuant to California privacy laws. Residents of other certain other US states, including Colorado, Connecticut, Utah, and Virginia, have additional rights under applicable privacy laws, subject to certain limitations, which may include:
- Correction. The right to correct inaccuracies in their personal information, considering the nature and purposes of the processing of the personal information.
- Deletion. To delete their personal information provided to or obtained by us.
- Access: to confirm whether we are processing their personal information and to obtain a copy of their personal information in a portable and, to the extent technically feasible, readily usable format.
- Opt-Out: to opt out of certain types of processing, including:
- to opt out of the “sale” of their personal information.
- to opt out of targeted advertising by us.
- to opt out of any processing of personal information for the purposes of making decisions that produce legal or similarly significant effects.
3. California Privacy SupplementThis California Privacy Supplement provides California residents with additional information regarding our collection, use and disclosure of their personal information, as well as their privacy rights, under California privacy laws, including the California Consumer Privacy Act (“CCPA”). This California Privacy Supplement does not address or apply to our handling of publicly available information or other personal information that is exempt under the CCPA. Categories of Personal Information Collected and Disclosed. MyBrandForce collects the personal information described in MyBrandForce’s Privacy Notice (this document). For California users with the following disclosure requirements, such information includes these categories of personal information defined in the California Consumer Privacy Act (CCPA):
- Personal identifiers, such as your name, address, email address, phone number, date of birth, government identification number (such as social security number), driver’s license information, vehicle information, and car insurance information
- Financial information, such as bank routing numbers, tax information, and any other payment information you provide.
- Commercial information, such as your trips and mission history
- Geolocation data, including precise geolocation data.
- Biometric information, such as photos used for brand agent identity verification.
- Characteristics of protected classes, such as age and gender
- Internet or network activity information, such as your IP address, type of browser, version of operating system, carrier and/or manufacturer, device identifiers, and mobile advertising identifiers
- Audio, electronic, visual, or similar information, such as audio and video recordings submitted for customer support and safety purposes; and
- Inferences drawn from the personal information listed above, such as user interests and preferences.
- With third-party analytics companies and marketing and advertising partners: identifiers, commercial information, internet and electronic network activity information and profiles and inferences. We do this in order to provide and improve our Services, improve and evaluate our marketing and advertising campaigns, and better reach individuals with relevant ads and content.
- With our commercial partners, business customers, and data partners that utilize our media products: identifiers,
- With our commercial partners, business customers, and data partners that utilize our media products: identifiers, customer records, commercial information, professional information, education information and profiles and inferences, including certain information considered sensitive personal information under the CCPA. We do this so that these partners may better understand consumer behavior, analyze, and improve marketing and advertising campaigns, and reach consumers with more relevant ads and content.
- Directly from the individual Advertising networks
- Data analytics providers
- Social networks
- Internet service providers
- Operating systems and platforms
- Data brokers
- Public databases
- Joint marketing partners
- Business customers
- Affiliates and subsidiaries
- Services and support
- Analytics and improvement
- Customization and personalization
- Marketing and advertising
- Planning and managing events.
- Research and surveys
- Combining personal information
- Security and protection of rights
- Compliance and legal process
- General business and operational support
- Opt out of sales and sharing. The right to opt-out of our sale and sharing of their personal information.
- Limit uses and disclosure of sensitive personal information. The right to limit our use or disclosure of sensitive personal information to those authorized by the CCPA.
- Deletion. The right to the deletion of their personal information that we have collected, subject to certain exceptions.
- To know/access. The right to know what personal information we have collected about them, including the categories of personal information, the categories of sources from which the personal information is collected, the business or commercial purpose for collecting, selling, or sharing personal information, the categories of third parties to whom we disclose personal information, and the specific pieces of personal information we have collected about them.
- Correction. The right to correct inaccurate personal information that we maintain about them.
- Non-discrimination. The right not to be subject to discriminatory treatment for exercising their rights under the CCPA.
- Request to know/access, correct, delete and limit. California residents may submit verifiable requests to access/know, correct and delete their personal information maintained by us, as well as requests to limit the use and disclosure of their sensitive personal information online by submitting a request to info@MyBrandForce.com . You may also submit a request by calling us.
- Requests to opt out. California residents may exercise their right to opt out online by submitting an opt out request to privacy@MyBrandForce.com or by calling us. We will apply your opt out based upon the personal information in our records that is linked or reasonably linkable to the information provided in your request. In addition, our website responds to global privacy control—or “GPC”—signals, which means that if we detect that your browser is communicating a GPC signal, we will process that as a request to opt that particular browser and device out of sharing (i.e., via cookies and tracking tools) on our website. Note that if you come back to our website from a different device or use a different browser on the same device, you will need to opt out (or set GPC for) that browser and device as well. More information about GPC is available at: https://globalprivacycontrol.org/
- Authorized agents. Authorized agents may initiate a request on behalf of another individual by contacting us atprivacy@MyBrandForce.com; authorized agents will be required to provide proof of their authorization and we may also require that the relevant consumer directly verify their identity and the authority of the authorized agent.
- Financial incentives and non-discrimination. With respect to some of our Services, we may make available certain programs or offerings that are considered “financial incentives” under the CCPA. We do not offer financial incentives that are discriminatory. You can find a description of these programs and our applicable notice(s) as required by the CCPA in the privacy policies associated with these Services. We will obtain your consent before including you in a financial incentive and you may opt out of such participation at any time.
Effective date: 20-Sep-2023
1. Contractual Relationship; Termination; and Modification
By accessing or using the Services, you confirm your agreement to be bound by these Terms. If you do not agree to these Terms, do not access or use the Services. These Terms expressly govern the use of the Services in the Territory.
MyBrandForce, in its sole discretion, may immediately terminate these Terms or any Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof, at any time for any reason.
MyBrandForce reserves the right to modify these Terms or its policies relating to the Services at any time, effective upon posting of an updated version of these Terms through the Services or MyBrandForce’s website. You should regularly review these Terms, as your continued use of the Services after any such changes constitutes your agreement to such changes.
2. Arbitration AgreementBy agreeing to these Terms, you agree that you are required to resolve any claim that you may have against MyBrandForce on an individual basis in arbitration as set forth in this Arbitration Agreement, and not as a class, collective, coordinated, consolidated, mass and/or representative action. You and MyBrandForce are each waiving your right to a trial by jury. This Arbitration Agreement will preclude you from bringing any class, collective, coordinated, consolidated, mass and/or representative action against MyBrandForce, and preclude you from participating in or recovering relief in any current or future class, collective, coordinated, consolidated, mass and/or representative action brought against MyBrandForce by someone else—except as provided below in Section 2(a)(3)(c). Thus, the parties agree that the Arbitrator shall not conduct any form of class, collective, coordinated, consolidated, mass and/or representative arbitration, nor join, coordinate, or consolidate claims of multiple individuals against MyBrandForce in a single proceeding—except as provided below in Section 2(a)(3)(c). For the avoidance of doubt, except as provided below in Section 2(a)(3)(c), this Arbitration Agreement precludes you from bringing or participating in any kind of class, collective, coordinated, consolidated, mass and/or representative or other kind of group, multi-plaintiff, or joint action against MyBrandForce, other than participating in a class-wide, collective, coordinated, consolidated, mass and/or representative settlement of claims.
(a) Agreement to Binding Arbitration Between You and MyBrandForce.(1) Covered Disputes: Except as expressly provided below in Exceptions to Arbitration., you and MyBrandForce agree that any dispute, claim, or controversy in any way arising out of or relating to (i) these Terms and prior versions of these Terms, or the existence, breach, termination, enforcement, interpretation, scope, waiver, or validity thereof; (ii) your access to or use of the Services at any time; (iii) incidents or accidents resulting in personal injury to you or anyone else that you allege occurred in connection with your use of the Services (including, but not limited to, your use of the MyBrandForce Marketplace Platform or the brand agent version of the MyBrandForce App), regardless whether the dispute, claim, or controversy occurred or accrued before or after the date you agreed to these Terms, and regardless whether you allege that the personal injury was experienced by you or anyone else; and (iv) your relationship with MyBrandForce, will be settled by binding individual arbitration between you and MyBrandForce, and not in a court of law. This Arbitration Agreement survives after your relationship with MyBrandForce ends.
(2) Class Action Waiver: All disputes, claims, or controversies between the parties shall be resolved only in individual arbitration. The parties expressly waive the right to have any dispute, claim, or controversy brought, heard, administered, resolved, or arbitrated as a class, collective, coordinated, consolidated, and/or representative action, and neither an arbitrator nor an arbitration provider shall have any authority to hear, arbitrate, or administer any class, collective, coordinated, consolidated, and/or representative action, or to award relief to anyone but the individual in arbitration. The parties also expressly waive the right to seek, recover, or obtain any non-individual relief. Notwithstanding anything else in this agreement, this Class Action Waiver does not prevent you or MyBrandForce from participating in a class-wide, collective, and/or representative settlement of claims. The parties further agree that if for any reason a claim does not proceed in arbitration, this Class Action Waiver shall remain in effect, and a court may not preside over any action joining, coordinating, or consolidating the claims of multiple individuals against MyBrandForce in a single proceeding, except that this Class Action Waiver shall not prevent you or MyBrandForce from participating in a class-wide, collective, and/or representative settlement of claims. If there is a final judicial determination that any portion of this Class Action Waiver is unenforceable or unlawful for any reason, (i) any class, collective, coordinated, consolidated, and/or representative claims subject to the unenforceable or unlawful portion(s) shall proceed in a court of competent jurisdiction; (ii) the portion of the Class Action Waiver that is enforceable shall be enforced in arbitration; (iii) the unenforceable or unlawful portion(s) shall be severed from this Arbitration Agreement; and (iv) severance of the unenforceable or unlawful portion(s) shall have no impact whatsoever on the enforceability, applicability, or validity of the Arbitration Agreement or the arbitrability of any remaining claims asserted by you or MyBrandForce.
(3) Mass Actions: a) Mass Action Waiver: All disputes, claims, or controversies between the parties shall be resolved only in individual arbitration. The parties expressly waive the right to have any dispute, claim, or controversy brought, heard, administered, resolved, or arbitrated as a mass action, and neither an arbitrator nor an arbitration provider shall have any authority to hear, arbitrate, or administer any mass action or to award relief to anyone but the individual in arbitration—except as provided below in Section 2(a)(3)(c). The parties also expressly waive the right to seek, recover, or obtain any non-individual relief. The parties agree that the definition of a “Mass Action” includes, but is not limited to, instances in which you or MyBrandForce are represented by a law firm or collection of law firms that has filed 50 or more arbitration demands of a substantially similar nature against the other party within 180 days of the arbitration demand filed on your or MyBrandForce’s behalf, and the law firm or collection of law firms seeks to simultaneously or collectively administer and/or arbitrate all the arbitration demands in the aggregate. Notwithstanding anything else in this agreement, this Mass Action Waiver does not prevent you or MyBrandForce from participating in a mass settlement of claims.
b) Dispute Procedure: Notwithstanding any provision to the contrary in the applicable arbitration provider’s rules, the arbitrator shall be empowered to determine whether the party bringing any claim has filed a Mass Action in violation of the Mass Action Waiver. Either party shall raise with the arbitrator or arbitration provider such a dispute within 15 days of its arising. If such a dispute arises before an arbitrator has been appointed, the parties agree that (i) a panel of three arbitrators shall be appointed to resolve only disputes concerning whether the party bringing any claim has filed a Mass Action in violation of the Mass Action Waiver. Each party shall select one arbitrator from the arbitration provider’s roster to serve as a neutral arbitrator, and these arbitrators shall appoint a third neutral arbitrator. If the parties’ arbitrators cannot agree on a third arbitrator, the arbitration provider will select the third arbitrator; (ii) MyBrandForce shall pay any administrative fees or costs incidental to the appointment of Arbitrators under this provision, as well as any fees or costs that would not be incurred in a court proceeding, such as payment of the fees of the arbitrators, as well as room rental; (iii) the arbitrators shall issue a written decision with findings of fact and conclusions of law; and (iv) any further arbitration proceedings or assessment of arbitration-related fees shall be stayed pending the arbitrators’ resolution of the parties’ dispute. If the arbitrator or panel of arbitrators determines that you have violated the Mass Action Waiver, the parties shall have the opportunity to opt out of arbitration within 30 days of the arbitrator’s or panel of arbitrator’s decision. You may opt out of arbitration by providing written notice of your intention to opt out to the arbitration provider and to MyBrandForce, Inc., Attn: Legal Department, 2050 S. Cottonwood Drive, Tempe AZ 85282 via USPS Priority Mail or hand delivery. This written notice must be signed by you, and not any attorney, agent, or other representative of yours. MyBrandForce may opt out of arbitration by sending written notice of its intention to opt out to the arbitration provider and to you or your attorney, agent, or representative if you are represented. For the avoidance of doubt, the ability to opt out of arbitration described in this Section 2(a)(3)(b) only applies if the arbitrator or panel of arbitrators determines that you have violated the Mass Action Waiver. If the parties proceed with arbitration, the parties agree that arbitrations will be batched as provided in Section 2(a)(3)(c) below.
c) Batching: i. To increase efficiency of resolution in the event a Mass Action is filed and neither party exercises its right to opt out of arbitration pursuant to Section 2(a)(3)(b) above, the following procedure shall apply. At the request of either party, an arbitrator shall be selected according to the applicable arbitration provider’s rules to act as a special master (“Special Master”) to resolve threshold disputes regarding the propriety of some or all the arbitration demands submitted in the Mass Action (“Mass Arbitration Demands”). These threshold disputes may include, but are not limited to:
- Any dispute regarding filing fees owed with respect to the Mass Arbitration Demands, including whether claimants have submitted valid fee waivers.
- Any dispute regarding whether the applicable arbitration provider has complied with the Arbitration Agreement with respect to processing and administering the Mass Arbitration Demands.
- Any dispute regarding whether the Mass Arbitration Demands meet the requirements set forth in Section 2(d) below.
- Whether claimants are barred from proceeding with their claims based on a prior settlement agreement, violation of these Terms, or expiration of the statute of limitations.
- Any dispute relating to representation of the same claimant by multiple law firms.
- Any dispute regarding whether the Mass Arbitration Demands were filed with the correct arbitration provider.
- Any dispute regarding discovery common to all claims; and
- Any disputes regarding legal or factual issues common to all claims.
A Special Master appointed pursuant to this procedure shall have no authority to consolidate cases.
ii. After proceedings before the Special Master have concluded, to the extent any of the Mass Arbitration Demands are permitted to proceed, the parties shall group the Mass Arbitration Demands into batches of no more than 100 demands per batch by state of residence, and then alphabetically by last name (plus, to the extent there are less than 100 arbitration demands left over after the batching described above, a final batch consisting of the remaining demands), and shall inform the arbitration provider of the batches and their compositions within 14 days of the conclusion of proceedings before the Special Master. The arbitration provider shall treat each batch of claims as one case, with each case having one demand for arbitration, one appointed arbitrator, and one set of administrative documents and administrative and filing fees per batch. The parties shall randomly assign sequential numbers to each batch, and only one batch shall proceed to arbitration at a time in the order of the random sequential numbers. A separate arbitrator will be appointed to, and administrative and filing fees assessed for, each batch as the batch proceeds to arbitration. You agree to cooperate in good faith with MyBrandForce and the arbitration provider to implement such a batch approach to resolution and fees. Nothing in this provision shall be construed as limiting the right to object that the filing or presentation of multiple arbitration demands by or with the assistance of the same law firm or organization violates any term of this Agreement.
iii. If any Mass Arbitration Demands were originally processed as individual arbitration demands before this batching procedure was commenced, further proceedings, including the assessment of further arbitration filing or administration fees to either party shall be governed by the procedures set forth in this Section 2(a)(3).
(4) Delegation Clause: Only an arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute arising out of or relating to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement, including without limitation any claim that all or any part of this Arbitration Agreement is void or voidable. An arbitrator shall also have exclusive authority to resolve all threshold arbitrability issues, including issues relating to whether these Terms are applicable, unconscionable, or illusory and any defense to arbitration, including without limitation waiver, delay, laches, or estoppel. However, only a court of competent jurisdiction, and not an arbitrator, shall have the exclusive authority to resolve any and all disputes arising out of or relating to the Class Action Waiver and Mass Action Waiver, including, but not limited to, any claim that all or part of the Class Action Waiver and/or Mass Action Waiver is unenforceable, unconscionable, illegal, void, or voidable—except that, as stated and pursuant to the procedures provided in Section 2(a)(3)(b), an arbitrator or panel of arbitrators shall have authority to determine whether the party bringing any claim has violated the Mass Action Waiver.
(5) Application to Third Parties: This Arbitration Agreement shall be binding upon and shall include any claims brought by or against any third parties, including but not limited to your spouses, heirs, third-party beneficiaries, and assigns, where their underlying claims arise out of or relate to your use of the Services. To the extent that any third-party beneficiary to this agreement brings claims against the Parties, those claims shall also be subject to this Arbitration Agreement.
(b) Exceptions to Arbitration.Notwithstanding the foregoing, this Arbitration Agreement shall not require arbitration of the following claims: (i) individual claims brought in small claims court so long as the matter remains in such court and advances only on an individual basis; (ii) individual claims of sexual assault or sexual harassment occurring in connection with your use of the Services; and/or (iii) injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights.
Such claims may be brought and litigated in a court of competent jurisdiction by you on an individual basis only. On an individual basis means that you cannot bring such claims as a class, collective, coordinated, consolidated, mass and/or representative action against MyBrandForce. For the avoidance of doubt, this precludes you from bringing claims as or participating in any kind of any class, collective, coordinated, consolidated, mass and/or representative or other kind of group, multi-plaintiff, or joint action against MyBrandForce and no action brought by you may be consolidated or joined in any fashion with any other proceeding. Where your claims are brought and litigated to completion on such an individual basis in a court of competent jurisdiction, MyBrandForce agrees to honor your election.
The parties’ agreement not to require arbitration in these limited instances does not waive the enforceability of this Arbitration Agreement as to any other provision (including, but not limited to, the waivers provided for in Section 2(a), which will continue to apply in court as well as in arbitration), or the enforceability of this Arbitration Agreement as to any other controversy, claim, or dispute.
Rules and Governing Law.For disputes arising in California, the arbitration will be administered by ADR Services, Inc. (“ADR”) in accordance with ADR’s Arbitration Rules (the “ADR Rules”) in effect at the time that the claim is brought, unless the parties agree otherwise in writing. The ADR Rules are available at www.adrservices.com or by searching for “ADR Arbitration Rules” using a service such as www.google.com or www.bing.com. The arbitration shall be heard by one arbitrator (the “Arbitrator”) selected in accordance with the ADR Rules.
For disputes arising outside of California (or for disputes arising in California only if ADR cannot or will not administer the arbitration), the parties shall be required to meet and confer to select a neutral arbitration provider. Such an arbitration provider shall have operations in the state in which the dispute arises. If the parties are unable to mutually agree upon an arbitration provider, then either party may invoke 9 U.S.C. § 5 to request that a court of competent jurisdiction appoint an arbitration provider with operations in the state in which the dispute arises. Any arbitration provider appointed by a court under 9 U.S.C. § 5 shall conduct arbitration solely on an individualized basis as set forth in this Section 2. Once the parties mutually agree upon a neutral arbitration provider, or an arbitrator provider is appointed under 9 U.S.C. § 5, the ensuing arbitration shall commence pursuant to the rules of the designated arbitration provider, except as designated herein. Once an arbitration provider is agreed upon or appointed, an Arbitrator shall be appointed. The Arbitrator will be either (1) a retired judge or (2) an attorney licensed to practice law in the state where the arbitration is conducted with experience in the law underlying the dispute. The Arbitrator will be selected by the parties from the applicable arbitration provider’s roster of arbitrators. If the parties are unable to agree upon an Arbitrator after a good faith meet and confer effort, then the applicable arbitration provider will appoint the Arbitrator in accordance with its rules.
Notwithstanding any choice of law or other provision in these Terms, the parties agree and acknowledge that this Arbitration Agreement evidences a transaction involving interstate commerce and that the Federal Arbitration Act, 9 U.S.C. §1 et seq. (“FAA”), will govern its interpretation and enforcement and proceedings pursuant thereto. It is the intent of the parties to be bound by the provisions of the FAA for all purposes, including, but not limited to, interpretation, implementation, enforcement, and administration of this Arbitration Agreement, and that the FAA and the applicable arbitration provider’s rules shall preempt all state laws to the fullest extent permitted by law. All statutes of limitations that would otherwise be applicable will apply to any arbitration proceeding. If the FAA and applicable arbitration provider’s rules are found to not apply to any issue regarding the interpretation or enforcement of this Arbitration Agreement, then that issue shall be resolved under the laws of the state where you reside when you accept these Terms.
Any dispute, claim, or controversy arising out of or relating to incidents or accidents resulting in personal injury (including but not limited to sexual assault or harassment claims) that you allege occurred in connection with your use of the Services, whether before or after the date you agreed to the Terms, shall be governed by and construed in accordance with the laws of the state in which the incident or accident occurred.
Process.Pre-Arbitration Dispute Resolution and Notification. The parties agree that good-faith informal efforts to resolve disputes often can result in a prompt, low-cost, and mutually beneficial outcome. The parties therefore agree that, before either party demands arbitration against the other, we will personally meet and confer, via telephone or videoconference, in a good-faith effort to resolve informally any claim covered by this Arbitration Agreement. Multiple individuals initiating claims cannot participate in the same informal telephonic dispute resolution conference. If you are represented by counsel, your counsel may participate in the conference, but you shall also fully participate in the conference. The party initiating the claim must give notice to the other party in writing of their intent to initiate an informal dispute resolution conference, which shall occur within 60 days after the other party receives such notice, unless an extension is mutually agreed upon by the parties. To notify MyBrandForce that you intend to initiate an informal dispute resolution conference, write to MyBrandForce Inc., Attn: Legal Department, 2050 S. Cottonwood Drive, Tempe AZ 85282, providing your name, the telephone number(s) associated with your MyBrandForce account (if any), the email address(es) associated with your MyBrandForce account, and a description of your claim. Engaging in an informal dispute resolution conference is a condition precedent that must be fulfilled before commencing arbitration, and the Arbitrator shall dismiss any arbitration demand filed before completion of an informal dispute resolution conference. The statute of limitations and any filing fee deadlines shall be tolled while the parties engage in the informal dispute resolution process required by this paragraph.
Initiating Arbitration. To initiate arbitration following the conclusion of the informal dispute resolution process required by this Section, a party must provide the other party with a written demand for arbitration and file the demand with the applicable arbitration provider, as determined by Section 2(c). A party initiating an arbitration against MyBrandForce must send the written demand for arbitration to MyBrandForce Technologies, Inc., LLC, Attn: Legal Department, 2050 S. Cottonwood Drive, Tempe AZ 85282 or serve the Demand on MyBrandForce’s registered agent for service of process, c/o MyBrandForce Technologies, Inc. (the name and current contact information for the registered agent in each state are available online here). Additionally, a party initiating arbitration against MyBrandForce must send an electronic version of the demand for arbitration to the Arbitration Provider and must send an electronic version of the as-filed demand to filed-arbitration-demands@MyBrandForce.com.
By signing the demand for arbitration, counsel certifies to the best of counsel’s knowledge, information, and belief, formed after an inquiry reasonable under the circumstances, that (i) the demand for arbitration is not being presented for any improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of dispute resolution; (ii) the claims and other legal contentions are warranted by existing law or by a nonfrivolous argument for extending, modifying, or reversing existing law or for establishing new law; and (iii) the factual contentions have evidentiary support or, if specifically so identified, will likely have evidentiary support after a reasonable opportunity for further investigation or discovery. The Arbitrator shall be authorized to afford any relief or impose any sanctions available under Federal Rule of Civil Procedure 11 or any applicable state law for either party’s violation of this requirement.
Location.Unless you and MyBrandForce otherwise agree, if you reside in the United States, the arbitration will be conducted in the county where you reside. If you do not reside in the United States, the arbitration will be conducted in the county where the dispute arises. Your right to a hearing will be determined by the applicable arbitration provider’s rules. Subject to the applicable arbitration provider’s rules, the Arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
Offers of Judgment.At least 10 days before the date set for the arbitration hearing, any party may serve an offer in writing upon the other party to allow judgment on specified terms. If the offer is accepted, the offer with proof of acceptance shall be submitted to the arbitrator, who shall enter judgment accordingly. If the offer is not accepted prior to the arbitration hearing or within 30 days after it is made, whichever occurs first, it shall be deemed withdrawn, and cannot be given in evidence upon the arbitration. If an offer made by one party is not accepted by the other party, and the other party fails to obtain a more favorable award, the other party shall not recover their post-offer costs and shall pay the offering party’s costs from the time of the offer.
Arbitrator’s Decision.The Arbitrator will render an award within the time frame specified in the applicable arbitration provider’s rules. Judgment on the arbitration award may be entered in any court of competent jurisdiction. The Arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. An Arbitrator’s decision shall be final and binding on all parties.
The Arbitrator is not bound by decisions reached in separate arbitrations, and the Arbitrator’s decision shall be binding only upon the parties to the arbitration that are the subject of the decision.
The Arbitrator shall award reasonable costs incurred in the arbitration to the prevailing party in accordance with the law(s) of the state in which arbitration is held.
Fees.Except for the provisions governing payment of arbitration costs set forth above, your responsibility to pay any filing, administrative, and arbitrator fees will be solely as set forth in the applicable arbitration provider’s rules and shall be up to the amount you would be required to pay if you filed a claim in court.
If you have a gross monthly income of less than 300% of the federal poverty guidelines, you are entitled to a waiver of arbitration fees and costs, exclusive of arbitrator fees. If you believe that you meet the requirements to obtain a fee waiver, and your demand for arbitration arises outside of California, then you may request a fee waiver only by submitting to the arbitration provider AO 240, Application to Proceed in District Court Without Prepaying Fees or Costs (found here), or a declaration under oath containing all the information required by AO 240; if your demand for arbitration arises in California, then you must submit a declaration under oath providing your monthly income and the number of persons in your household.
All disputes regarding a party’s obligation to pay any arbitration fees or costs that arise after an arbitrator is appointed shall be determined solely by the arbitrator. If such a dispute arises before an arbitrator has been appointed, and if no Special Master has been requested by either party pursuant to Section 2(a)(3)(c)(i) of these Terms, the parties agree that (i) the due date for any disputed fees shall be stayed pending resolution of the parties’ dispute, (ii) a panel of three arbitrators shall be appointed to resolve the parties’ dispute concerning a party’s obligation to pay fees or costs of arbitration, (iii) the panel of arbitrators shall be appointed by each party selecting one arbitrator from the arbitration provider’s roster to serve as neutral arbitrators, and these arbitrators shall appoint a third neutral arbitrator. If the parties’ arbitrators cannot agree on a third arbitrator, the arbitration administrator will select the third arbitrator, (iv) MyBrandForce shall pay any administrative fees or costs incidental to the appointment of a panel of arbitrators under this provision, as well as any fees or costs that would not be incurred in a court proceeding, such as payment of the fees of the arbitrator(s), as well as room rental, and (v) the arbitrator(s) shall issue a written decision with findings of fact and conclusions of law. If two or more fee disputes between a claimant and MyBrandForce arise at or around the same time, the disputes may be consolidated for resolution by a single arbitrator or panel of arbitrators either at the agreement of the parties or the election of the party common to all such disputes.
Severability and Survival.If any portion of this Arbitration Agreement is found to be unenforceable or unlawful for any reason, (i) the unenforceable or unlawful provision shall be severed from these Terms; (ii) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of the Arbitration Agreement or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to the Arbitration Agreement; and (iii) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration.
3. The ServicesAs a MyBrandForce Brand Agent, the Services allow you to execute retail assignments as an independent contractor (“third party provider”), capturing and transmitting real-time observational data using MyBrandForce’s mobile app and technology platform on your personal mobile device. The Services also enable you to complete supporting services such as on-demand training and payment processing.
As a Customer, the Services allow you to request and receive scalable field services and acquire real-time observational data from third party providers cross the country. Customers can monitor field services activity, escalate live issues, and leverage productivity tools for up-to-the-minute insights.
Ownership; License; and Restrictions.MyBrandForce, Inc or a subsidiary or affiliate (“MyBrandForce”) is providing you access to its software, software as a service, or services (collectively, the “services”) subject to the terms of an executed Master Services Agreement or License Agreement between you or your company (the “Agreement”). The Agreement governs the use of the Services. By downloading, installing, or using the services, you acknowledge and agree that you are familiar with, understand, and agree to be bound by the terms of the Agreement.
The Services and all rights, title, and interest, including all related intellectual property rights therein are and shall remain MyBrandForce’s property or the property of MyBrandForce’s licensors. These Terms are not a sale and do not convey or grant to you any rights in or related to the Services, or any intellectual property rights owned by MyBrandForce, except for the limited license granted above.
Subject to your compliance with these Terms, MyBrandForce grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to:
- access and use the MyBrandForce App solely in connection with your use of the Services on your personal device; and
- access and use any content, information and related materials that may be made available through the Services, in each case solely for your personal, noncommercial use.
- remove any copyright, trademark, or other proprietary notices from any portion of the Services
- reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted by MyBrandForce
- decompile, reverse engineer, or disassemble the Services except as may be permitted by applicable law
- link to, mirror or frame any portion of the Services
- cause or launch any programs or scripts for the purpose of, or which result in, unduly burdening or hindering the operation and/or functionality of any aspect of the Services
- attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks.
App Stores.The availability of the Services may be dependent on the third-party from which you received the license to the MyBrandForce App, e.g., the Apple iPhone or Android app stores (“App Store”). These Terms are between you and MyBrandForce and not with the App Store and MyBrandForce is responsible for the provision of Services as described in these Terms. However, if you downloaded the MyBrandForce App from the Apple App Store, Apple and its subsidiaries are third-party beneficiaries of these Terms. Upon your acceptance of these Terms, Apple shall have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof. These Terms incorporate by reference Apple’s Licensed Application End User License Agreement, for purposes of which, you are the “end-user.” In the event of a conflict in the terms of the Licensed Application End User License Agreement and these Terms, these Terms will control.
4. Accessing the Services
User Accounts.To use most aspects of the Services, you must register for and maintain an active personal user Services account (“Account”). You cannot register for or maintain an Account if you have previously been banned from accessing or using the Services. Account registration may require you to submit certain personal information to MyBrandForce, such as your name, address, email address, mobile phone number, and age, as well as at least one valid payment method that you are authorized to use and is supported by MyBrandForce. For more information regarding MyBrandForce’s use of your personal information, please see our Privacy Notice. You agree to maintain accurate, complete, and up-to-date information in your Account, including a valid name, address, phone number, email address, age, and payment method. Except as described below, you must be at least 18 years of age, or the age of legal majority in your jurisdiction (if different than 18), to obtain an Account, unless a specific Service permits otherwise. Unless otherwise permitted by MyBrandForce in writing, you may only possess one Account and you may not assign or otherwise transfer your Account to any other person or entity. You are responsible for all activity that occurs under your Account, and you agree to always maintain the security and secrecy of your Account credentials.
Minors.Except as described below, the Services are generally not available for use by persons under the age of 18. You may not authorize third parties to use your Account, and you may not allow persons under the age of 18 to use the Services. However, we may offer parents and guardians the ability to create Accounts for their children. If you are a parent or legal guardian, and you allow your child to use the Services, then these Terms apply to you, and you are responsible for your child’s activity on the Services. If you are under the age to obtain an Account, you must have your parent or legal guardian’s permission to use an Account and accept any additional terms required in connection with your access and use of the Services as a minor. Please have your parent or legal guardian read these additional terms with you.
Network Access and Devices.You are responsible for obtaining the data network access necessary to use the Services. Your mobile network's data and messaging rates and fees may apply if you access or use the Services from your device. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and any updates thereto. MyBrandForce does not guarantee that the Services, or any portion thereof, will function on any hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications. MyBrandForce is not responsible for any delays, delivery failures, or damage, loss or injury resulting from such problems.
5. User Conduct and Requirements; Communications; and User Content
User Conduct and Requirements.In addition to complying with these Terms, you agree to comply with all applicable laws when accessing or using the Services, and you may only access or use the Services for lawful purposes (e.g., no request for the purpose or intent of inappropriate or unlawful in-store activities). You may not access or use the Services to cause nuisance, annoyance, inconvenience, damage, or loss to MyBrandForce, MyBrandForce’ customers, retail staff, any third-party provider or other party.
Communications with MyBrandForce.By creating an Account, you electronically agree to accept and receive communications from MyBrandForce, third-party providers or third parties providing services to MyBrandForce including via email, text message, WhatsApp, calls, in-app communications, and push notifications to the telephone number(s) or email addresses you provided to MyBrandForce. You may also receive communications generated by automatic telephone dialing systems and/or which will deliver prerecorded messages sent by or on behalf of MyBrandForce, and/or third-party providers, including but not limited to communications concerning requests placed through your Account on the Services. Message and data rates may apply. You can learn more about how MyBrandForce may contact you by reading our Privacy Notice.
If you do not wish to receive promotional emails, text messages, or other communications from MyBrandForce, you may change your notification preferences by accessing Settings in your Account. To opt out of receiving text messages from MyBrandForce, you must reply “STOP” from the mobile device receiving the messages. For purposes of clarity, text messages between you, MyBrandForce, and third-party providers are transactional text messages, not promotional text messages. You acknowledge that opting out of receiving all communications may impact your use of the Services. Notwithstanding the foregoing, if we suspect fraud or unlawful activity on your Account, MyBrandForce may contact you using any of the contact information you provided in connection with your Account (including via text or voice-recorded message).
Use of Accounts Owned by Others.In the event you use a MyBrandForce product or service that enables use of or billing to another person or business, certain information will be shared with that party. This may include information regarding the time and date of services you request, time and date of services that you perform, the location of such services, and associated photos, videos and other data collected for such services. You acknowledge that such data sharing is a condition of use of any such MyBrandForce product or service.
User Provided Content and Feedback.Content that you provide to MyBrandForce is governed by MyBrandForce’s Generated Content Terms, which are incorporated in these Terms by reference. Feedback that you provide to MyBrandForce is governed by MyBrandForce’s Feedback Policy, which are incorporated in these Terms by reference.
7. Disclaimers; Limitation of Liability; and Indemnity.
Disclaimers.The services are provided “as is” and “as available.” MyBrandForce disclaims all representations and warranties, express, implied, or statutory, not expressly set out in these terms, including the implied warranties of merchantability, fitness for a particular purpose and non-infringement. In addition, MyBrandForce makes no representation, warranty, or guarantee regarding the reliability, timeliness, quality, suitability, or availability of the services or any services or goods requested using the services, or that the services will be uninterrupted or error-free.
MyBrandForce does not guarantee the quality, suitability, safety, or ability of third-party providers. You agree that the entire risk arising out of your use of the services, and any service or good requested or obtained from third-party providers in connection therewith, remains solely with you, to the maximum extent permitted under applicable law.
MyBrandForce does not control, manage, or direct any third-party providers. Third-party providers are not actual agents, apparent agents, ostensible agents, or employees of MyBrandForce. If a dispute arises between you and or any other third party, you release MyBrandForce from losses of every kind and nature, known and unknown, suspected, and unsuspected, disclosed, and undisclosed, arising out of or in any way connected with such disputes.
MyBrandForce does not control, endorse, or take responsibility for any user content or third-party content available on or linked to by the services. MyBrandForce cannot and does not represent or warrant that the services are free of viruses or other harmful components.
MyBrandForce’s use of algorithms to provide services or improve the experience of users and the security and safety of the services does not constitute a guarantee or warranty of any kind, expressed or implied.
Limitation of Liability.MyBrandForce shall not be liable for indirect, incidental, special, exemplary, punitive, or consequential damages, including lost profits, lost data, personal injury, or property damage related to, in connection with, or otherwise resulting from any use of the services, regardless of the negligence (either active, affirmative, sole, or concurrent) of MyBrandForce, even if MyBrandForce has been advised of the possibility of such damages.
MyBrandForce shall not be liable for any damages, liability or losses arising out of: (i) your use of or reliance on the services or your inability to access or use the services; or (ii) any transaction or relationship between you and any third-party provider, even if MyBrandForce has been advised of the possibility of such damages. MyBrandForce shall not be liable for delay or failure in performance resulting from causes beyond MyBrandForce's reasonable control. You acknowledge that third-party providers are not ostensible agents, apparent agents, actual agents, or employees of MyBrandForce.
The services may be used by you to request and schedule site surveys, sampling events, product compliance visits or other field services with third-party providers, but you agree that MyBrandForce has no responsibility or liability to you related to any field services provided to or not provided to you by third-party providers other than as expressly set forth in these terms.
The limitations and disclaimers in this section do not purport to limit liability or alter your rights as a consumer that cannot be excluded under applicable law. Because some states or jurisdictions do not allow the exclusion of or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, MyBrandForce’s liability shall be limited to the extent permitted by law. This provision shall have no effect on MyBrandForce’s choice of law provision set forth below.
Indemnity.You agree to indemnify and hold MyBrandForce and its affiliates and their officers, directors, employees, and agents harmless from and against all actions, claims, demands, losses, liabilities, costs, damages, and expenses (including attorneys’ fees), arising out of or in connection with:
- your use of the Services or services or goods obtained through your use of the Services
- your breach or violation of any of these Terms
- MyBrandForce's use of your User Content; or
- your violation of the rights of any third party, including Third-Party Providers.
8. Other Provisions
Notice.MyBrandForce may give notice by means of a general notice on or through the Services, electronic mail to the email address associated with your Account, telephone or text message to any phone number provided in connection with your Account, or by written communication sent by first class mail or pre-paid post to any address connected with your Account. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid post) or at the time of sending (if sent by email, telephone, or on or through the Services). Notwithstanding the foregoing, notice of any modifications to these Terms shall be effective upon posting an updated version of these Terms on MyBrandForce’s website or through the Services. You may give notice to MyBrandForce, with such notice deemed given when received by MyBrandForce, at any time by first class mail or pre-paid post to our registered agent for service of process, c/o MyBrandForce, Inc. The name and current contact information for the registered agent in each state are available online at www.mybrandforce.com If another provision of these Terms addresses any specific notice (for example, notice of updates to these Terms, or notice of a dispute or arbitration demand), those specific notice provisions shall prevail to the extent there is any conflict or inconsistency between those provisions and this notice provision.
Choice of Law.These Terms shall be governed by and construed in accordance with the laws of the state in which your dispute arises, without regard to the choice or conflict of law principles of any jurisdiction, except as may be otherwise provided in the Arbitration Agreement in Section 2 above or in Supplemental Terms applicable to your region. This Choice of Law provision applies only to the interpretation of these Terms, and these provisions shall not be interpreted as generally extending any state’s law to you if your dispute did not arise in that state.
Any dispute, claim, or controversy arising out of or relating to incidents or accidents resulting in personal injury (including but not limited to sexual assault or harassment claims) that you allege occurred in connection with your use of the Services, whether before or after the date you agreed to these Terms, shall be governed by and construed in accordance with the laws of the state in which the incident or accident occurred.
Choice of Forum.Any dispute, claim or controversy arising out of or relating to these Terms or the existence, breach, termination, enforcement, interpretation or validity thereof, shall be brought exclusively in the state and federal courts of the state in which the dispute, claim or controversy arose, notwithstanding that other courts may have jurisdiction over the parties and subject matter, except as may be otherwise provided by the Arbitration Agreement above or in Supplemental Terms applicable to your region.
Notwithstanding the foregoing, any dispute, claim, or controversy arising out of or relating to incidents or accidents resulting in personal injury (including but not limited to sexual assault or harassment claims) that you allege occurred in connection with your use of the Services, whether before or after the date you agreed to these Terms, shall be brought exclusively in the state or federal courts in the state in which the incident or accident occurred, notwithstanding that other courts may have jurisdiction over the parties and subject matter, and except as may be otherwise provided in the Arbitration Agreement in Section 2 or in Supplemental Terms applicable to your region, to the extent permitted by law.
The foregoing Choice of Law and Choice of Forum provisions do not apply to the Arbitration Agreement in Section 2, and we refer you to Section 2 for the applicable provisions for such disputes.