Bitsbox Terms of Service

Last Modified: November 16, 2020

Community Guidelines

We need everyone’s help to make Bitsbox a friendly and creative community.

1. Be respectful. If you choose to share your apps, remember that people of many different ages and backgrounds might see your work.
2. Keep personal info private. For safety reasons, don't make apps with real names or contact info like phone numbers or addresses.
3. Help keep the site friendly. If you think a project or comment is mean, insulting, too violent, or otherwise inappropriate, email help@bitsbox.com to let us know about it.

Bitsbox welcomes people of all ages, races, ethnicities, religions, sexual orientations, and gender identities.

We reserve the right, but are not obligated, to review all content available on our site or through our services and to edit, move, or delete any content made that violates these Community Guidelines or the Terms, without notice.

Privacy Policy
Children's Privacy Policy

Terms of Service

1. User Agreement

1.1. These Terms of Service (these “Terms”) constitute an agreement between you and Bitsbox that governs your use of Bitsbox.com (the “Site”) as well as your purchase and use of any services or subscriptions available on the Site (the “Services”). The terms “Bitsbox”, “we”, or “us” refer to Codepops, Inc. The term “you” refers to the individual or legal entity, as applicable, identified as the user when you registered for the Services. You represent that (1) you have read and agree to these Terms, (2) you are of legal age to form a binding contract with Bitsbox, and (3) you have the authority to enter into these Terms personally or on behalf of the company you have named as the user, and to bind that company to these Terms. Please read these Terms. BY USING ACCESSING THE SITE OR ANY SERVICES, YOU AFFIRM THAT YOU HAVE READ, UNDERSTOOD, AND ACCEPTED THE TERMS AND CONDITIONS IN THESE TERMS. IF YOU DO NOT AGREE WITH ANY OF THESE CONDITIONS, YOU MAY NOT ACCESS THE SITE OR USE ANY OF THE SERVICES.

THESE TERMS INCLUDE A CLASS ACTION WAIVER AND A WAIVER OF JURY TRIALS, AND REQUIRE BINDING ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES.

THESE TERMS LIMIT THE REMEDIES THAT MAY BE AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.

2. Account Creation and Maintenance

2.1. In order to use some features of the Services, you will need to register with Bitsbox and create an account. Creating an account is optional, but without an account you may not be able to access all features available through the Services. You agree to (1) provide true, accurate, current and complete information about yourself as prompted in the registration process, and (2) maintain and promptly update all such information to keep it true, accurate, current, and complete.

2.2. You are responsible for keeping your password secret and your account secure and you may not share your account password with any other person. You are solely responsible for any use of your account, and you will notify us immediately of any unauthorized use of your account or breach of its security.

2.3. You may not use another person's Bitsbox account.

3. Fees and Subscription Services

3.1. Fees for all Services, including any subscriptions, are posted on the Site. We reserve the right to adjust pricing for our Services at any time. You agree to pay all fees for the Services that you purchase and you hereby authorize Bitsbox or its Payment Processor (defined below) to charge you for all applicable fees using your selected method of payment (e.g., credit card or PayPal account). All information that you provide to us or our Payment p=Processor must be accurate, current, and complete. All fees exclude, and you shall be responsible for, all sales, use, excise, and other taxes applicable to the transactions contemplated by these Terms. All fees are non-refundable.

3.2. BY PURCHASING ANY SUBSCRIPTION, YOU ACKNOWLEDGE THAT YOUR SUBSCRIPTION HAS AN INITIAL AND RECURRING PAYMENT FEATURE AND YOU ACCEPT RESPONSIBILITY FOR ALL RECURRING CHARGES PRIOR TO CANCELLATION OF THE AUTO-RENEWAL OF YOUR SUBSCRIPTION AND YOU ACKNOWLEDGE THAT YOUR SUBSCRIPTION WILL BE AUTOMATICALLY EXTENDED FOR SUCCESSIVE PERIODS.

3.3. To cancel the automatic renewal of your subscription at any time, you must do one of the following: update your user account at bitsbox.com or call the Bitsbox support team at 720-476-4030.

3.4. Your renewal date will be the anniversary of your sign-up date after your initial term ends. For example, if you bought a three-month Bitsbox subscription on November 7th, your subscription would renew for another three months on February 7th. If you have a renewal anniversary date on the 30th or 31st of the month, your renewal date will be moved to accommodate months that do not have those dates. For example, if your subscription was started on January 31st and had a one- month term, it will renew on February 28th (or 29th if it is a Leap Year), and thereafter your renewal date will be the 28th of each subsequent month. If you cancel the automatic renewal of your subscription, you may use your subscription until the end of your then-current subscription term. Bitsbox may submit periodic charges (e.g., monthly) without further authorization from you, until you provide prior notice that you have terminated this authorization or wish to change your payment method within the 48-hour notice requirement. If you cancel the automatic renewal of your subscription, you will not be eligible for a prorated refund of any portion of the subscription fee paid for the then-current subscription period. If Bitsbox does not receive payment for a renewal prior to the date of renewal, Bitsbox may, in its discretion, do one or more of the following: (i) demand full payment, (ii) charge any form of payment you have obtained to replace your provided form of payment (e.g., you have obtained a replacement credit card number), and you hereby authorize Bitsbox to do so, and (iii) terminate or suspend your subscription.

3.5. We currently use and reserve the right to continue using third party payment providers (“Payment Processors”). Your electronic payment of fees through any Payment Processors is also governed by the Payment Processors’ terms of service and privacy policy. Currently, we use Stripe, Inc. (“Stripe”) and PayPal, Inc. (“PayPal”) as our Payment Processors for payment services (e.g., card acceptance and related services). By making payments via the Services, you agree to be bound by, as applicable, (i) Stripe’s US Terms of Service available at https://stripe.com/us/terms and Privacy Policy available at https://stripe.com/us/privacy or (ii) PayPal’s User Agreement available at https://www.paypal.com/us/webapps/mpp/ua/useragreement-full and Privacy Policy Statement available at https://www.paypal.com/us/webapps/mpp/ua/privacy-full. You hereby consent to provide and authorize Bitsbox and the Payment Processors to share any information and payment instructions you provide to the extent required to complete the payment transactions in accordance with these Terms, including personal, financial, credit card payment, and transaction information.

4. Shipping Terms

4.1. All shipments made as part of the Services will be shipped with shipping method selected by Bitsbox. Any delivery dates provided by Bitsbox are estimates. Bitsbox reserves the right to make deliveries in installments.

4.2. Any shipments made as part of the Services will be shipped by a third-party carrier. As a result, title and risk of loss for such shipments will pass to you upon our delivery to the carrier.

4.2. We do not allow returns or substitutions of shipments to Bitsbox. All sales are final.

4.3. If you receive a damaged or incomplete shipment, or if you are otherwise unhappy with any shipment, please contact us. We must receive notice of a damaged or incomplete shipment within two (2) weeks of receipt (as shown on by our common carrier’s shipping information). Any refunds or replacements are made solely in our discretion.

5. Usage Rules

5.1. Bitsbox supports freedom of expression. However, the Services are intended for a wide audience, and some content is inappropriate for the Bitsbox community. You may not use the Services in any way or make available any content, that:

1. Promotes bigotry, discrimination, hatred, or violence against any individual or group;
2. Threatens, harasses, or intimidates any other person, whether that person is a Bitsbox user or not;
3. Violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right;
4. Violates any law, regulation, or obligations or restrictions imposed by any third party;
5. Harms any other person or is false, defamatory, or intentionally misleading;
6. Contains images of drugs or alcohol or images that are violent or gory;
7. Contains foul language or personal attacks;
8. Contains sexually explicit or graphically violent material;
9. Provides instructions on how to commit illegal activities or obtain illegal products;
10. Asks any other user for personally identifying information, contact information, or passwords; or 11. Exposes any person's personally identifying information, contact information, or passwords.

5.2. You agree to comply with all applicable laws and regulations in connection with your use of the Services. You may not use the Services in any unlawful way, including to harass, stalk, or defame any other person.

5.3. You may not impersonate, imitate or pretend to be somebody else when using the Services.

5.4. You agree not to use the Services in any way intended to disrupt the Services, gain unauthorized access to the Services, or interfere with any other user's ability to use the Services. Prohibited activities include, but are not limited to:

1. Posting content deliberately designed to crash the Bitsbox website or editor;
2. Linking to pages containing viruses or malware;
3. Using administrator passwords or pretending to be an administrator;
4. Repeatedly posting the same material, or "spamming."

5.5. Use of the Services, User-Generated Content (as defined below), and support materials is permitted under these Terms. However, Bitsbox reserves the right to block any use of Services that, in Bitsbox's sole discretion, is harmful to the community.

5.6. You agree not to post links to any content outside of the Site, if to do so would violate any part of these Terms.

5.7 We cannot and do not ensure other users’ compliance with these Usage Rules or any other provisions of these Terms, and, as between you and us, you hereby assume all risk of harm or injury resulting from any failure of other users to comply. While we retain the right to review and remove any content that we feel in our sole discretion violates these Terms or the Community Guidelines, under no circumstances will Bitsbox be liable for the acts or omissions of any user.

6. User-Generated Content and Licensing

6.1. For the purposes of these Terms, "User-Generated Content" means any code, apps, projects, comments, forum posts, custom graphics, or other content that a user submits to the Services.

6.2. Bitsbox encourages everyone to foster creativity by freely sharing code, art, music, and other works. However, we also understand the need for individuals and companies to protect their intellectual property rights. You are responsible for making sure you have the necessary rights, licenses, or permission for any User-Generated Content you submit to Bitsbox.

6.3. All User-Generated Content you submit to Bitsbox is hereby licensed to Bitsbox to reproduce, distribute, creative derivative works of, display, and perform. You also hereby grant to all other users a license to all of your User Generated Content under the Creative Commons Attribution-NonCommercial-ShareAlike license. This allows others to view and remix your content. This license also allows Bitsbox to sublicense, display, distribute, and reproduce your content on the Site, through social media channels, and elsewhere.

6.4. Although Bitsbox requires all users to comply with these Terms, we are not responsible for the content uploaded by any user and some inappropriate user-generated apps may be created and shared via social media, email, web links, etc. You understand that when you may be exposed to User-Generated Content that you find objectionable or offensive. If you see any content that violates the Community Guidelines or these Terms, please let us know at help@bitsbox.com.

6.5. In addition to reviewing reported User-Generated Content, Bitsbox reserves the right, but is not obligated, to monitor all uses of the Services, including any content made available through the Services and to edit, move, or delete any content made that violates these Community Guidelines or the Terms, without notice.

6.6. All User-Generated Content is provided “as-is”. Bitsbox makes no warranties or guarantees about, and you are solely responsible for, the accuracy, currency, suitability, quality or reliability of any User-Generated Content. Bitsbox does not endorse any views, opinions, or advice expressed in User-Generated Content.

6.7. Each Services user is solely responsible for any and all of its own User-Generated Content. Because we do not control User-Generated Content, you acknowledge and agree that we are not responsible for any User-Generated Content, whether provided by you or by others.

7. Bitsbox Content and Licensing

7.1. Except for any User-Generated Content, Bitsbox and its licensors own and retains all rights in and to the code, the design, functionality, and architecture of the Services, and any software or content provided through the Services (collectively "the Bitsbox IP"). Except for any rights explicitly granted under these Terms, you are not granted any rights in and to any Bitsbox IP.

7.2. Bitsbox provides support materials, including images, sounds, video, and sample code, to help users build projects. Support materials are licensed under the Creative Commons Attribution-NonCommercial-ShareAlike license. Please note that this does not apply to the trademarks of Bitsbox or other parties described in Section 7.4 below.

7.3 The Creative Commons Attribution-NonCommercial-ShareAlike license requires you to attribute any material you use to the original author. When you use Bitsbox support materials, or screenshots of the Bitsbox website, please use the following attribution: "Courtesy of Bitsbox. Build apps at Bitsbox.com/code"

7.4 The Bitsbox name and Bitsbox logo are property of Bitsbox. You will not use the Bitsbox name or logo to in any way without the express written permission of Bitsbox, including to label, promote, or endorse any product or service.

8. Digital Millennium Copyright Act (DMCA)

If you are a copyright holder and believe that content on the Services violates your rights, you may send a DMCA notification to help@bitsbox.com. Such notice should include the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (b) a description of the copyrighted work that you claim has been infringed; (c) a description of the location on the Services of the material that you claim is infringing; (d) your address, telephone number and e-mail address; (e) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and (f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

9. Suspension and Termination of Accounts

9.1. These Terms shall commence on the date you accept them (in accordance with the preamble) and shall continue for a period of one (1) year, unless terminated earlier in accordance with the terms herein (the “Initial Term”). These Terms shall automatically renew for successive one (1) year periods (each, a “Renewal Term” and collectively with the Initial Term, the “Term”), unless either party gives written notice of non-renewal at least thirty (30) days prior to the expiration of the then current-term. Either party may terminate these Terms upon written notice if the other party materially breaches these Terms and does not cure such breach (if curable) within thirty (30) days after written notice of such breach. Bitsbox may also terminate or suspend your right to use the Services if we believe your actions may lead to possible legal liabilities; if we believe such action will improve the security of our community or reduce another user’s exposure to financial liabilities; if we believe you are infringing the rights of third parties; if we believe you are acting inconsistently with the spirit of these Terms or the Community Guidelines; if despite our reasonable endeavors, we are unable to verify or authenticate any information you provide; or if you fail to pay all amounts charged to your account by the payment due date. In addition to terminating or suspending your account, Bitsbox reserves the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress. Even after your right to use the Services is terminated or suspended, these Terms will remain enforceable against you.

9.2. As part of our order processing procedures, we may screen received orders for fraud or other types of unauthorized or illegal activity. We reserve the right to refuse to process an order due to suspected fraud or unauthorized or illegal activity. If we suspect fraudulent, unauthorized or illegal activity, we may reject your order or we may contact you at the phone number or email address you provided to confirm your order. We also reserve the right to cancel any accounts or refuse to ship to certain addresses due to suspected fraud or unauthorized or illegal activity. We take these measures to protect our customers as well as ourselves from fraud or other unauthorized or illegal activity.

9.3. If you want to delete or disable your account, please email help@bitsbox.com.

10. Third Party Websites

Content on Bitsbox, including User-Generated Content, may include links to third party websites. Bitsbox is not capable of reviewing or managing third party websites, and assumes no responsibility for the privacy practices, content, or functionality of third party websites.

11. Indemnification

You agree to indemnify Bitsbox and all its affiliates, employees, agents, representatives, third party service providers, and members of their governing boards (all of which are "Bitsbox Entities"), and to defend and hold each of them harmless, from any and all claims, actions, and liabilities and all related costs, fees, and expenses (including attorneys' fees) arising out of or related to your breach of these Terms or your use of the Service.

12. Disclaimer of Warranty

YOU ACKNOWLEDGE THAT YOU ARE USING BITSBOX AT YOUR OWN RISK. THE SERVICES ARE PROVIDED "AS IS," AND BITSBOX HEREBY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF ACCURACY, RELIABILITY, TITLE, MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE OR ANY OTHER WARRANTY, CONDITION, GUARANTEE OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM, INCLUDING BUT NOT LIMITED TO THE ACCURACY OR COMPLETENESS OF ANY INFORMATION CONTAINED THEREIN OR PROVIDED BY BITSBOX. WITHOUT LIMITING THE FOREGOING, THE BITSBOX ENTITIES DISCLAIM ANY AND ALL WARRANTIES, EXPRESS AND IMPLIED, REGARDING USER-GENERATED CONTENT AND BITSBOX MATERIALS. THE BITSBOX ENTITIES AND THEIR THIRD-PARTY SERVICE PROVIDERS DO NOT REPRESENT OR WARRANT THAT ACCESS TO BITSBOX WILL BE UNINTERRUPTED OR THAT THERE WILL BE NO FAILURES, ERRORS OR OMISSIONS OR LOSS OF TRANSMITTED INFORMATION, OR THAT NO VIRUSES WILL BE TRANSMITTED THROUGH THE SERVICES.

13. Limitation of Liability

13.1. YOU UNDERSTAND AND AGREE THAT IN NO EVENT SHALL THE BITSBOX ENTITIES LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SERVICES, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT THE BITSBOX ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

13.2. UNDER NO CIRCUMSTANCES WILL THE BITSBOX ENTITIES BE LIABLE TO YOU FOR MORE THAN THE AMOUNT RECEIVED BY BITSBOX IN CONNECTION WITH YOUR USE OF THE SERVICES DURING THE THREE (3) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT(S) GIVING RISE TO LIABILITY HEREUNDER.

13.3. CERTAIN JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

13.4. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN BITSBOX AND YOU.

14. Export Control

You may not use, export, import, or transfer the Services except as authorized by U.S. law, the laws of the jurisdiction in which you obtained the Services, and any other applicable laws. In particular, but without limitation, the Services may not be exported or re-exported (a) into any United States embargoed countries, or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce’s Denied Person’s List or Entity List. By using the Services, you represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. You also will not use the Services for any purpose prohibited by U.S. law, including the development, design, manufacture or production of missiles, nuclear, chemical or biological weapons. You acknowledge and agree that products, services or technology provided by Bitsbox are subject to the export control laws and regulations of the United States. You shall comply with these laws and regulations and shall not, without prior U.S. government authorization, export, re-export, or transfer Bitsbox products, services or technology, either directly or indirectly, to any country in violation of such laws and regulations.

15. Choice of Law

You agree that these Terms, for all purposes, shall be governed and construed in accordance with the laws of the State of Delaware applicable to contracts to be wholly performed therein.

16. Dispute Resolution

16.1. Applicability of Arbitration Agreement. All claims and disputes (excluding claims for injunctive or other equitable relief as set forth below) in connection with the Terms or the use of any product or service provided by Bitsbox, regardless of whether such product or service was purchased prior to or after your acceptance of this Arbitration Agreement, that cannot be resolved informally or in small claims court shall be resolved by binding arbitration on an individual basis under the terms of this Arbitration Agreement. Unless otherwise agreed, all arbitration proceedings will be held in English. This Arbitration Agreement applies to you and Bitsbox, and to any subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or goods provided under the Terms.

16.2. Notice Requirement and Informal Dispute Resolution. Before either party may seek arbitration, the party must first send to the other party a written Notice of Dispute (“Notice”) describing the nature and basis of the claim or dispute, and the requested relief. A Notice to Bitsbox should be sent to: 3080 Valmont Road, Suite 290 Boulder, Colorado 80301. After the Notice is received, you and Bitsbox may attempt to resolve the claim or dispute informally. If you and Bitsbox do not resolve the claim or dispute within thirty (30) days after the Notice is received, either party may begin an arbitration proceeding. The amount of any settlement offer made by any party may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award, if any, to which either party is entitled.

16.3. Arbitration Rules. Arbitration shall be initiated through the Judicial Arbitration and Mediation Services, Inc. (“JAMS”), an established alternative dispute resolution provider (“ADR Provider”) that offers arbitration as set forth in this section. If JAMS is not available to arbitrate, the parties shall agree to select an alternative ADR Provider. The rules of the ADR Provider shall govern all aspects of the arbitration, including but not limited to the method of initiating and/or demanding arbitration, except to the extent such rules are in conflict with the Terms. The JAMS Streamlined Arbitration Rules governing the arbitration are available online at http://www.jamsadr.com/. The arbitration shall be conducted by a single, neutral arbitrator. Any claims or disputes where the total amount of the award sought is less than Ten Thousand U.S. Dollars (US $10,000.00) may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief. For claims or disputes where the total amount of the award sought is Ten Thousand U.S. Dollars (US $10,000.00) or more, the right to a hearing will be determined by the Arbitration Rules. Any hearing will be held in a location within 100 miles of your residence, unless you reside outside of the United States, and unless the parties agree otherwise. If you reside outside of the U.S., the arbitrator shall give the parties reasonable notice of the date, time and place of any oral hearings. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Each party shall bear its own costs (including attorney’s fees) and disbursements arising out of the arbitration and shall pay an equal share of the fees and costs of the ADR Provider.

16.4. Additional Rules for Non-Appearance Based Arbitration. If non-appearance based arbitration is elected, the arbitration shall be conducted by telephone, online and/or based solely on written submissions; the specific manner shall be chosen by the party initiating the arbitration. The arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise agreed by the parties.

16.5. Time Limits. If you or Bitsbox pursue arbitration, the arbitration action must be initiated and/or demanded within the statute of limitations (i.e., the legal deadline for filing a claim) and within any deadline imposed under the JAMS Rules for the pertinent claim.

16.6. Authority of Arbitrator. If arbitration is initiated, the arbitrator will decide the rights and liabilities, if any, of you and Bitsbox, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages, and to grant any non-monetary remedy or relief available to an individual under applicable law, the JAMS Rules, and the Terms. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and Bitsbox.

16.7. Waiver of Jury Trial. THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in a court and are subject to very limited review by a court. In the event any litigation should arise between you and Bitsbox in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND BITSBOX WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.

16.8. Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER.

16.9. Confidentiality. All aspects of the arbitration proceeding, including but not limited to the award of the arbitrator and compliance therewith, shall be strictly confidential. The parties agree to maintain confidentiality unless otherwise required by law. This paragraph shall not prevent a party from submitting to a court of law any information necessary to enforce this Arbitration Agreement, to enforce an arbitration award, or to seek injunctive or equitable relief.

16.10. Severability. If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable by a court of competent jurisdiction, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Agreement shall continue in full force and effect.

16.11. Right to Waive. Any or all of the rights and limitations set forth in this Arbitration Agreement may be waived by the party against whom the claim is asserted. Such waiver shall not waive or affect any other portion of this Arbitration Agreement.

16.12. Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with Bitsbox.

16.13. Small Claims Court. Notwithstanding the foregoing, either you or Bitsbox may bring an individual action in small claims court.

16.14. Emergency Equitable Relief. Notwithstanding the foregoing, either party may seek emergency equitable relief before a state or federal court in order to maintain the status quo pending arbitration. A request for interim measures shall not be deemed a waiver of any other rights or obligations under this Arbitration Agreement.

16.15. Claims Not Subject to Arbitration. Notwithstanding the foregoing, claims of defamation, violation of the Computer Fraud and Abuse Act, and infringement or misappropriation of the other party’s patent, copyright, trademark or trade secrets shall not be subject to this Arbitration Agreement.

16.16. Courts. In any circumstances where the foregoing Arbitration Agreement permits the parties to litigate in court, the parties hereby agree to submit to the personal jurisdiction of the courts located within Denver County, Colorado, for such purpose.

17. No Waiver

No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Bitsbox's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

18. Entire Agreement

The Terms are the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter.

19. Supplemental Terms.

Your use of, and participation in, certain Services may be subject to additional terms and such terms will either be listed in the applicable Terms of Service or will be presented to you for your acceptance before you use the supplemental Service.

20. Amendment.

PLEASE NOTE THAT These Terms are subject to change by Bitsbox in its sole discretion at any time. When changes are made, Bitsbox will make a new copy of the Terms available through the Services. We will also update the “Last Updated” date on these Terms. If we make any material changes, and you have registered with us to create an account, we will also send an e-mail to you at the last e-mail address you provided to us pursuant to the Terms. Bitsbox may require you to provide consent to the updated Terms in a specified manner before further use of the Services is permitted. If you do not agree to any change(s) after receiving a notice of such change(s), you shall stop using the Services. Otherwise, your continued use of the Services constitutes your acceptance of such change(s).

21. Notice.

Where Bitsbox requires that you provide an e-mail address, you are responsible for providing us with your most current e-mail address. In the event that the last e-mail address you provided to us is not valid, or for any reason is not capable of delivering to you any notices required/ permitted by the Terms, Our dispatch of the e-mail containing such notice will nonetheless constitute effective notice.