Terms & Conditions

Welcome, and thank you for your interest in BYBE Inc (hereinafter referred to as "BYBE", "we", "us", or "our"). The following Terms of Use are a legally binding contract between you and BYBE regarding your use of the BYBE website, mobile applications, networks, and other related features or services (collectively, the “Service”).

PLEASE READ THE FOLLOWING TERMS OF USE CAREFULLY. BY CLICKING “I ACCEPT,” REGISTERING FOR AN ACCOUNT, DOWNLOADING AN BYBE MOBILE APPLICATION, ACCESSING, BROWSING, OR OTHERWISE USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS, INCLUDING THE BYBE PRIVACY POLICY, ANY APPLICABLE END USER LICENSE AGREEMENT, AND ANY ADDITIONAL TERMS OR FUTURE MODIFICATIONS (COLLECTIVELY, THE “TERMS”).

If you are not eligible, or do not agree to all of the Terms, then please do not use the Service.

  1. Eligibility.You must be at least twenty-one (21) years old to use the Service. By agreeing to the Terms, you represent and warrant to us: (i) that you are at least twenty-one (21) years old (ii) that you have not previously been suspended, removed or deactivated from the Service and (iii) that your registration and your use of the Service is in compliance with any and all applicable laws and regulations. If you are using the Service on behalf of an entity, organization, or company (collectively "Subscribing Organization"), you are an authorized representative of that Subscribing Organization with the authority to bind such organization to these Terms; and agree to be bound by these Terms on behalf of such Subscribing Organization. In such a case, “you” in these Terms refers to your Subscribing Organization, and any individual authorized to use the Service on behalf of the Subscribing Organization, including you.
  2. Privacy Policy; End User License Agreement; Additional Terms
    1. Privacy Policy. Please read the BYBE Privacy Policy carefully for information relating to our collection, use, and disclosure of your personal information. The BYBE Privacy Policy is hereby incorporated by reference into, and made a part of, these Terms.
    2. End User License Agreement. Your use of any mobile application or other downloadable software we may provide (each, an “App”) is subject to an End User License Agreement. The applicable End User License Agreement depends on the platform on which the App is designed to run and the features of the App. The End User License Agreement will be presented to you when you download and/or install the App and will be accessible through the App. Apps are deemed part of the Service, and all such End User License Agreements are hereby incorporated into, and made a part of, the Terms by reference.
    3. Additional Terms. Your use of the Service is subject to any additional terms, rules, or guidelines applicable to certain services and features which we may post from time to time (the "Additional Terms"). All such Additional Terms are hereby incorporated by reference into, and made a part of, the Terms.
  3. Modification of the Terms. We reserve the right, at our discretion, to change the Terms on a going forward basis at any time. Please check the Terms periodically for changes. Your continued use of the Service after the changes become effective constitutes your binding acceptance of such changes. In the event that a change to the Terms materially modifies your rights or obligations, we will make an effort to notify you of the change, such as by sending you an email to the address we have on file for you, or presenting a pop-up window or other notification to you through the Service when you log in. Immaterial modifications are effective upon publication, and material changes will be effective upon the earlier of (a) continued use of the Service with actual knowledge of the modification, or (b) thirty (30) days following the change. For the avoidance of doubt, disputes arising hereunder will be resolved in accordance with the Terms in effect that the time the dispute arose.
  4. Accounts and Registration. To access most features of the Service you must register for an account. When you register for an account, you may be required to provide us with some information about yourself (such as your e-mail address or other contact information). You agree that the information you provide to us is and will be accurate and up-to-date at all times. When you register, you will be asked to provide a password. You are solely responsible for maintaining the confidentiality of your account and password. You agree to accept responsibility for all activities that occur under your account. If you have reason to believe that your account is no longer secure for any reason (for example, in the event of a loss, theft or unauthorized disclosure or use of your password), then you agree to notify us immediately at Info@BYBEapp.com.
  5. User Rewards.
    1. User Rewards Generally. BYBE makes available through the Service offers on certain third-party products and services (each an "Offer"). When you redeem an Offer through the Service, you will accumulate rewards in your BYBE account (“Rewards”). Each Offer may be subject to Additional Terms and may be discontinued by BYBE at any time. At any time and in BYBE’s sole discretion, BYBE may: (i) determine whether or not you are eligible to redeem an Offer; (ii) determine whether or not you have earned Rewards; or (iii) adjust your Rewards total. PRIOR TO DISTRIBUTION, AS DESCRIBED IN SECTION 5.2, ALL REWARDS SHALL REMAIN THE SOLE PROPERTY OF BYBE.
    2. Distributions. Once you have accumulated the required minimum amounts in Rewards in your BYBE account (as posted), you may elect to have BYBE distribute your Rewards via one or more of the available payout options as shown in the BYBE mobile app. For each payout option, BYBE displays within the BYBE mobile app the minimum distribution amount at any given time. If you elect to close your BYBE account and you have undistributed Rewards that meet or exceed the minimum Rewards threshold, you will be expected to distribute such Rewards prior to closing your account, even if this means you must distribute your Rewards in the payout option with the lowest minimum distribution amount. If your account is terminated by BYBE, if you fail to properly distribute your Rewards when closing your account, or if at the time of closing you have less than the minimum Rewards threshold in your account, any rights you have to the Rewards in your account will terminate and you will no longer be eligible to receive a distribution of such Rewards.
    3. Referral Bonuses. From time to time, BYBE may introduce special bonuses or incentives for users to refer others to BYBE, using a personal referral code or URL. Users shall not be eligible to earn these bonuses if they invite other users who share the same mobile device or if they create multiple accounts in an effort to earn referral bonuses for inviting themselves. Such actions violate these Terms of Use and shall be grounds for BYBE to terminate a User’s account, rescind any referral bonuses, reverse or correct user Rewards balances, or take other actions as appropriate. Where a user cannot produce examples of how referrals have taken place, including screenshots of where referrals were made, BYBE reserves the right to decline to award Referral Bonuses, rescind bonuses, demand repayment of Rewards credited, or take other remedial actions.
    4. Taxes. Depending on applicable federal, state, and local tax laws, your distribution of Rewards may be subject to taxes. You will be solely responsible for any and all tax liability arising out of your receipt of Rewards.
    5. Inactivity Fee. It is your responsibility to keep your BYBE account active. If you fail to activate an offer within your BYBE account for twelve (12) consecutive months, your BYBE account will be considered "inactive." While your account is inactive, BYBE will deduct an amount equal to three dollars and 99 cents ($3.99 USD) from your accumulated Rewards every month prior to reactivation ("Inactivity Fee"). BYBE will attempt to notify you before your account becomes inactive by sending you an email to the address we have on file for you. Subject to BYBE’s right to terminate your account under these Terms, you may reactivate your BYBE account by logging in to your BYBE account and activating at least one offer. If your state’s law prohibits BYBE from charging the Inactivity Fee, BYBE may deduct an Inactivity Fee equal to the maximum permitted by the laws of your state.
    6. Compliance with Law. Under state escheatment law, or other applicable law, BYBE may be required to remit Rewards in your BYBE account to the state of your last known address if your BYBE account has not had any activity for certain period of time. Your last known address will be determined by BYBE based on the zip code that you provided when creating your BYBE account. If we remit funds as required by law, you will need to contact the state directly to obtain the funds.
    7. Claims. Rewards provided under this Section 5 are provided solely by BYBE and not underwritten, sponsored, or provided by any other third-party, including BYBE's brand and merchant partners. By accepting these Terms of Use you agree to not to seek Rewards or make any claims for Rewards against third-party providers, merchants or manufacturers of products and services.
    1. Digital Millennium Copyright Act DMCA Notification. We comply with the provisions of the Digital Millennium Copyright Act applicable to internet service providers (17 U.S.C. §512, as amended). If you have any complaints or objections to material posted on the Service, you may contact our Designated Agent at the following address:
      • BYBE INC
      • 107 South High Street
      • Suite 200
      • Columbus, OH 43221
      • E-mail: Info@BYBEapp.com

      Any notice alleging that materials hosted by or distributed through the Service infringe intellectual property rights must include the following information:

      1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other right being infringed;
      2. a description of the copyrighted work or other intellectual property that you claim has been infringed;
      3. a description of the material that you claim is infringing and where it is located on the Service;
      4. your address, telephone number, and email address;
      5. a statement by you that you have a good faith belief that the use of the materials on the Service of which you are complaining is not authorized by the copyright owner, its agent, or the law; and
      6. a statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
    2. Third Party Services and Websites. BYBE may provide tools through the Service that enable you to export information to third party services, including through use of an API or by linking your account on BYBE with an account on the third party service, such as Twitter or Facebook. By using these tools, you agree that we may transfer such User Content and information to the applicable third party service. Such third party services are not under our control, and we are not responsible for the contents of the third party service or the use of your User Content or information by the third party service. The Service, including our websites, may also contain links to third-party websites. The linked sites are not under our control, and we are not responsible for the contents of any linked site. We provide these links as a convenience only, and a link does not imply our endorsement of, sponsorship of, or affiliation with the linked site. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any of these third parties services or websites.
    3. Prohibited Conduct. BY USING THE SERVICE, YOU AGREE NOT TO:
      1. submit to BYBE purchase information that is false, inaccurate, fabricated, counterfeited, tampered with, adjusted, or otherwise artificial or inauthentic for the purpose of seeking to redeem Offers with BYBE;
      2. redeem, or attempt to redeem, BYBE Offers for products that have not actually been purchased and retained, or for products that have been purchased but returned to a store or online vendor, following purchase; upload receipts to BYBE that have already been uploaded by you or another user, for the purpose of earning credit from BYBE for purchasing products that you did not actually purchase;
      3. upload receipts to BYBE that reflect purchases that took place more than one (1) week prior to the date on which the receipt is uploaded; upload receipts to BYBE that reflect purchases that took place prior to the launch date of a retailer's rebate or campaign and therefore prior to your unlocking the rebate, except where expressly permitted in the rebate details;
      4. attempt to obscure the date on a receipt, such as by purposefully uploading a receipt without any date shown or without any clearly legible date shown;
      5. extract information from BYBE’s web or mobile applications for the purpose of using said information in conjunction with another service, web or mobile application;
      6. rent, lease, loan, sell, resell, sublicense, distribute or otherwise transfer the licenses granted herein or any Materials (as defined below); post, upload, or distribute any defamatory, libelous, or inaccurate User Content or other content;
      7. post, upload, or distribute any User Content or other content that is unlawful or that a reasonable person could deem to be objectionable, profane, offensive, indecent, pornographic, harassing, threatening, embarrassing, distressing, vulgar, hateful, racially or ethnically offensive, or otherwise inappropriate;
      8. exploit or attempt to exploit BYBE’s referral bonus program by inviting yourself to join BYBE using another account or invite others who share the same mobile device, in an effort to earn referral bonuses or credit(s); make false or misleading claims about BYBE's referral program or any other incentive program created by BYBE;
      9. impersonate any person or entity, falsely claim an affiliation with any person or entity, or access the Service accounts of others without permission, forge another person’s digital signature, misrepresent the source, identity, or content of information transmitted via the Service, or perform any other similar fraudulent activity; delete the copyright or other proprietary rights on the Service or any User Content;
      10. make unsolicited offers, advertisements, proposals, or send junk mail or spam to other users of the Service. This includes, but is not limited to, unsolicited advertising, promotional materials, or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, and petitions for signatures;
      11. use the Service for any illegal purpose, or in violation of any local, state, national, or international law, including, without limitation, laws governing intellectual property and other proprietary rights, and data protection and privacy, or the collection, storage, transmission, or access of educational records;
      12. defame, harass, abuse, threaten or defraud users of the Service, or collect, or attempt to collect, personal information about users or third parties without their consent, use the Service for any commercial purpose other than the internal business purposes of maintaining and administering records without our consent;
      13. remove, circumvent, disable, damage or otherwise interfere with security-related features of the Service or User Content, features that prevent or restrict use or copying of any content accessible through the Service, or features that enforce limitations on the use of the Service or User Content;
      14. reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Service or any part thereof (including any App), except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation;
      15. modify, adapt, translate or create derivative works based upon the Service or any part thereof, except and only to the extent the foregoing restriction is expressly prohibited by applicable law; or intentionally interfere with or damage operation of the Service or any user’s enjoyment of it, by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code.
    4. Limitations on User Accounts. A user may not create more than one (1) BYBE account. Each unique mobile device may not be associated with more than two (2) user accounts. Users who attempt to associate an excessive number of mobile devices with a single user account may be deemed to have violated these Terms of Use to the extent they are deemed by BYBE to have abused the Service.
    5. Termination of Use; Discontinuation and Modification of the Service. If you engage in Prohibited Conduct or otherwise violate any of the Terms, your permission to use the Service will automatically terminate. You also agree that we may, at any time and without notice to you, suspend or revoke your access to and use of the Service, and any accounts you may have in connection with the Service including: (i) where we determine in our sole discretion that such action is reasonable in order to comply with legal requirements or to protect the rights or interests of BYBE or any third party; or (ii) in connection with any general discontinuation of the Service. We also reserve the right to modify the Service at any time without notice to you. We will have no liability whatsoever on account of any change to the Service or any suspension or revocation of your access to or use of the Service, provided that if we terminate your access to the Service other than for your breach of these Terms, you may be entitled to have your Rewards distributed, as described in the Terms. You may terminate your account at any time by contacting customer service at Info@BYBEapp.com. If you terminate your account, you will remain obligated to pay all outstanding fees and charges, if any, relating to your use of the Service incurred before termination.
    6. Ownership; Proprietary Rights. The Service is owned and operated by BYBE. The visual interfaces, graphics, design, compilation, information, computer code (including source code or object code), products, software, services, and all other elements of the Service provided by BYBE (the “Materials”) are protected by United States copyright, trade dress, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. Except for any User Content that is provided and owned by users of the Service, all Materials contained in the Service are the property of BYBE or its subsidiaries or affiliated companies and/or third-party licensors. All trademarks, service marks, and trade names are proprietary to BYBE or its affiliates and/or third-party licensors. Except as expressly authorized by BYBE, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials. BYBE reserves all rights to the Materials not expressly granted in the Terms.
    7. Indemnity. You agree that you will be personally responsible for your use of the Service, and you agree to defend, indemnify and hold harmless BYBE and its members, officers, directors, employees, consultants, affiliates, subsidiaries and agents (collectively, the "BYBE Entities") from and against any and all claims, liabilities, damages, losses and expenses, including reasonable attorneys' and accounting fees and costs, arising out of or in any way connected with (i) your access to, use of or alleged use of the Service; (ii) your violation of the Terms or any representation, warranty, or agreements referenced herein, or any applicable law or regulation; (iii) your violation of any third party right, including without limitation any intellectual property right, publicity, confidentiality, property or privacy right; or (iv) any disputes or issues between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim.
    8. Disclaimers; No Warranties. THE SERVICE IS PROVIDED "AS IS" AND ON AN "AS AVAILABLE" BASIS, WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. THE BYBE ENTITIES SPECIFICALLY (BUT WITHOUT LIMITATION) DISCLAIM (i) ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT; (ii) ANY WARRANTIES ARISING OUT OF COURSE-OF-DEALING, USAGE, OR TRADE; (iii) ANY WARRANTIES THAT THE INFORMATION OR RESULTS PROVIDED IN, OR THAT MAY BE OBTAINED FROM USE OF, THE SERVICE WILL MEET YOUR REQUIREMENTS OR BE ACCURATE, RELIABLE, COMPLETE, OR UP-TO-DATE; AND (iv) ANY WARRANTIES WHATSOEVER REGARDING ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL ADVERTISED, MADE AVAILABLE, OR REFERRED TO YOU THROUGH THE SERVICE. YOU ASSUME ALL RISK FOR ALL DAMAGES, INCLUDING DAMAGE TO YOUR COMPUTER SYSTEM, MOBILE DEVICE OR LOSS OF DATA THAT MAY RESULT FROM YOUR USE OF OR ACCESS TO THE SERVICE. ANY CONTENT, MATERIALS, INFORMATION OR SOFTWARE DOWNLOADED, USED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK.
      SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES IN SOME CIRCUMSTANCES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
    9. Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER THE BYBE ENTITIES NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OPERATING OR DELIVERING THE SERVICE WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE OR ANY OTHER LEGAL THEORY, WHETHER OR NOT THE BYBE ENTITIES HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE WHERE SUCH DAMAGES RESULT FROM: (i) YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SERVICE, OR (ii) ANY PURCHASE OF A THIRD PARTY PRODUCT OR SERVICE BASED ON INFORMATION CONTAINED IN THE BYBE SERVICE, INCLUDING THE AVAILABILITY OF A COUPON. YOU SPECIFICALLY ACKNOWLEDGE THAT THE BYBE ENTITIES ARE NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. FURTHER, THE BYBE ENTITIES WILL HAVE NO LIABILITY TO YOU OR TO ANY THIRD PARTY FOR ANY THIRD-PARTY CONTENT UPLOADED ONTO OR DOWNLOADED FROM THE SITE OR THROUGH THE SERVICE.
      YOU AGREE THAT THE AGGREGATE LIABILITY OF THE BYBE ENTITIES TO YOU FOR ANY AND ALL CLAIMS ARISING FROM OR RELATED TO THE USE OF THE SERVICE IS LIMITED TO THE GREATER OF (i) THE AMOUNTS YOU HAVE PAID TO BYBE FOR ACCESS TO AND USE OF THE SERVICE GIVING RISE TO SUCH LIABILITY IN THE TWELVE (12) MONTHS PRIOR TO THE CLAIM OR (ii) $100. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN BYBE AND YOU.
      SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY IN CERTAIN CIRCUMSTANCES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
    10. Dispute Resolution and Arbitration
      1. Generally. In the interest of resolving disputes between you and BYBE in the most expedient and cost effective manner, you and BYBE agree that any and all disputes arising in connection with these Terms of the Service shall be resolved by binding arbitration. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Our agreement to arbitrate disputes includes, but is not limited to all claims arising out of or relating to any aspect of these Terms, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, and regardless of whether the claims arise during or after the termination of these Terms. You understand and agree that, by entering into these Terms, you and BYBE are each waiving the right to a trial by jury or to participate in a class action.
      2. Exceptions. Notwithstanding subsection (15.1, we both agree that nothing herein shall be deemed to waive, preclude, or otherwise limit either of our right to (i) bring an individual action in small claims court, (ii) pursue enforcement actions through applicable federal, state, or local agencies where such actions are available, (iii) seek injunctive relief in a court of law, or (iv) to file suit in a court of law to address intellectual property infringement claims.
      3. Arbitrator. Any arbitration between you and BYBE will be governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by these Terms, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting BYBE.
      4. Notice; Process. A party who intends to seek arbitration must first send a written notice of the dispute to the other, by certified mail, Federal Express (signature required), or in the event that we do not have a physical address on file for you, we may send notice to you by electronic mail ("Notice"). BYBE's address for Notice is: ReBooze, LLC., P.O. Box 218312, Columbus, OH 43221. The Notice must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought ("Demand"). We agree to use good faith efforts to resolve the claim directly, but if we do not reach an agreement to do so within 120 days after the Notice is received, you or BYBE may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or BYBE shall not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any; provided that if our dispute is finally resolved through arbitration in your favor, BYBE shall pay you the greater of (i) the amount awarded by the arbitrator, if any, and (ii) the greatest amount offered by BYBE in settlement of the dispute prior to the arbitrator’s award.
      5. Fees. In the event that you commence arbitration in accordance with these Terms, BYBE will reimburse you for your payment of the filing fee, unless your claim is for greater than $10,000, in which case the payment of any fees shall be decided by the AAA Rules. Any arbitration hearings will take place at a location to be agreed upon in Columbus, Ohio, provided that if the claim is for $10,000 or less, you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a non-appearance based telephonic hearing, or by an in-person hearing as established by the AAA Rules. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In such case, you agree to reimburse BYBE for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.
      6. No class actions. YOU AND BYBE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and BYBE agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
      7. Modifications. In the event that BYBE makes any future change to this arbitration provision (other than a change to the BYBE's address for Notice), you may reject any such change by sending us written notice within 30 days of the change to BYBE's address for Notice, in which case your account with BYBE shall be immediately terminated and this arbitration provision, as in effect immediately prior to the amendments you reject shall survive.
      8. Enforceability. If only Subsection 15.6 is found to be unenforceable then Subsection 15.6 will be null and void, in such cases, the remaining subsections of Section 15 shall remain in full force and effect. If the entirety of this Section 15 is found to be unenforceable, then the entirety of this Section 15 shall be null and void and, in such case, the parties agree that the exclusive jurisdiction and venue described in Section 16 shall govern any action arising out of or related to these Terms.
    11. Governing Law; Venue. These Terms, whether interpreted in a court of law or in arbitration, shall be governed by the laws of the State of Ohio as they apply to agreements entered into and to be performed entirely within Ohio by Ohio residents, and without regard to conflict of law principles. To the extent that any lawsuit or court proceeding is permitted hereunder, you and BYBE agree to submit to the personal and exclusive jurisdiction of the state courts and federal courts located within the Columbus, Ohio for the purpose of litigating all such claims or disputes. We operate the Service from our offices in Columbus, and we make no representations that information and materials included in the Service are appropriate or available for use in other locations. Access to the Service from any territory where the content is illegal is prohibited.
    12. General. The Terms, together with the Privacy Policy and any other agreements expressly incorporated by reference herein, constitute the entire and exclusive understanding and agreement between you and BYBE regarding your use of and access to the Service, and except as expressly permitted above may only be amended by a written agreement signed by authorized representatives of the parties. You may not assign or transfer the Terms or your rights hereunder, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign the Terms at any time without notice. The failure to require performance of any provision shall not affect our right to require performance at any time thereafter, nor shall a waiver of any breach or default of the Terms constitute a waiver of any subsequent breach or default or a waiver of the provision itself. Use of paragraph headers in the Terms is for convenience only and shall not have any impact on the interpretation of particular provisions. In the event that any part of the Terms is held to be invalid or unenforceable, the unenforceable part shall be given effect to the greatest extent possible and the remaining parts will remain in full force and effect. Upon termination of the Terms, any provision which, by its nature or express terms should survive, will survive such termination or expiration, including, but not limited to, Section 5 with respect to the closing or termination of BYBE accounts and Sections 6 through 17.
    13. Contact Information. If you have any questions regarding BYBE, the Service, or the Terms please contact us at Info@BYBEapp.com.

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