© 2026 Dunkin' Crew Shop
Terms of service
PLEASE READ THIS TERMS OF USE AGREEMENT (THE “TERMS OF USE”) CAREFULLY. BY ACCESSING OR USING THE WEBSITE WWW.BARCOWEAR.COM OR ANY OTHER WEBSITES OR MOBILE APPLICATIONS OF BARCO UNIFORMS, INC. (“BARCO”), ITS AFFILIATES OR AGENTS (collectively, “BARCO,” “we,” “us,” or “our”) WITH LINKS TO THIS AGREEMENT (COLLECTIVELY, THE “SITE”) IN ANY WAY, INCLUDING BUYING ANY PRODUCTS WE SELL ON THE SITE, THROUGH A POP-UP SHOP OR IN ANY OTHER PHYSICAL RETAIL LOCATION (“PRODUCTS”), USING OTHER SERVICES ENABLED VIA THE SITE (“SERVICES”), CREATING OR USING A USER ACCOUNT, ATTENDING AN EVENT, COMMUNICATING WITH US THROUGH CUSTOMER SUPPORT, CHAT, EMAIL, SMS, MMS, SOCIAL MEDIA, OR OTHER CHANNELS, SUBMITTING REVIEWS, COMMENTS, FEEDBACK, SURVEY RESPONSES, OR OTHER CONTENT, OR OTHERWISE INTERACTING WITH THE SITE, PRODUCTS, OR SERVICES, YOU REPRESENT AND WARRANT THAT (1) YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THESE TERMS OF USE, (2) YOU ARE OF LEGAL AGE UNDER APPLICABLE LAW TO FORM A BINDING CONTRACT WITH BARCO, AND (3) YOU HAVE THE AUTHORITY TO ENTER INTO THESE TERMS OF USE PERSONALLY OR ON BEHALF OF THE COMPANY YOU HAVE NAMED AS THE USER, AND TO BIND THAT COMPANY TO THESE TERMS OF USE.
The term “you” refers to the individual or legal entity, as applicable, identified as the user when you registered on the Site. These Terms of Use set forth the agreement between you and BARCO with respect to the Site, Products, and Services. If you do not agree to be bound by these Terms of Use, you may not access or use the Site or the Services. Section 18 contains an arbitration provision that requires most disputes between us to be resolved on an individual, non-class action basis through binding and final arbitration instead of in court. See Section 18 for more information regarding arbitration and how to opt out.
Your use of, and participation in, certain Services may be subject to additional terms (“Supplemental Terms”) and such Supplemental Terms will either be listed in these Terms of Use or will be presented to you for your acceptance when you sign up to use the supplemental Service. If these Terms of Use are inconsistent with such Supplemental Terms, the Supplemental Terms shall take precedence with respect to such Service. These Terms of Use and any applicable Supplemental Terms are referred to herein as the “Terms of Use.”
Subject to Section 18, BARCO reserves the right to modify these Terms of Use or its policies relating to the Services at any time, effective upon posting an updated version of the Terms of Use or any applicable Supplemental Terms on the Site or Services. Such posting will constitute notice to you. You should review these Terms of Use regularly, because your continued use of the Services after we provide notice of any changes constitutes your agreement to those changes. If you object to any such changes, your sole recourse is to stop using the Site and Services.
These Terms of Use only apply to visitors to our Site or consumers who reside in the United States.
1. Registration
You may simply browse the Site, or you may register with BARCO and create an account (“Account”). You do not have to have an Account to browse the Site or to place an order for Products. If you choose to create an Account, you must provide us with true, accurate, current, and complete information for your Account and/or orders. If we believe or suspect that your information is not true, accurate, current, or complete, we may deny or terminate your access to the Site or Services (or any portion thereof).
2. Account Information
When you login to purchase, you are required to provide your name and email address, and other data points specific to your Dunkin PC (collectively, your “Account Information”), which you may not transfer to or share with any third parties. Your login information may be stored by authorized service providers using commercially reasonable security measures. We strongly recommend that you do not disclose your Account Information anyone. If someone accesses our Site or Services using your Account Information, we will rely on that Account Information and will assume that it is really you or your representative who is accessing the Site and Services. You are solely responsible for any and all use of your Account Information and all orders and activities that occur under or in connection with the Account.
3. Orders
To pay for an Order, you will need to provide BARCO with the information necessary to process your Order, including your shipping address and the billing information requested on the Site. You may pay for your Order by credit or debit card, or by any other payment method then available on the Site, including Shop Pay ( a “Payment Provider”). By submitting your payment information, you authorize BARCO and its authorized third-party payment processors to charge the applicable Payment Provider at our convenience, but within thirty (30) days of authorization. You represent and warrant that you will not use any Payment Provider unless you have all necessary authorization to do so. Full payment card data is processed by authorized third-party payment processors and is generally not stored by BARCO.
Our store is hosted on a third-party commerce platform, and we may use authorized service providers to provide the online e-commerce platform that allows us to sell our Products to you and to provide payment and related services, including credit card transaction processing, merchant settlement, order processing, fulfillment, customer support, analytics, fraud prevention, and related services. By purchasing any Product, you acknowledge and agree that your information may be processed by BARCO and such authorized service providers to the minimum extent reasonably necessary to process payments, fulfill Orders, administer accounts, provide requested services, support Site operations, maintain security, prevent fraud, comply with law, and otherwise as described in our Privacy Policy.
a. Order Acceptance. When you place an order, we will confirm that we have received your order by sending an order confirmation to the email address you have provided. The order confirmation lists the items purchased as well as the shipping and billing address that you provided. Your placement of an order through our Site is an offer to purchase the product(s) ordered and we may accept your order by processing your payment and shipping the product(s). Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. Your order will be deemed accepted by BARCO upon our shipment of the products that you have ordered. We may require additional verifications or information before accepting any order. All products shall be deemed accepted by you upon shipment, and title to, and risk of loss of, the products passes to you when BARCO provides the product(s) to a common carrier. Any estimated shipping date provided by BARCO is based on product availability and payment processing time and does not include transit time.
b. Order Issues. For any reason, we reserve the right to decline to accept your order or any part of your order on reasonable grounds or where permitted by these Terms of Use. If inventory issues occur, we will notify you in writing at the email address you provided of any products that cannot be fulfilled and will work with you in good faith to find a suitable replacement for such items. If we are unable to find a suitable replacement, we will ship the available products only and provide a refund for any unavailable products. If we decline to accept your order, we will notify you in writing at the email address you provided.
c. Order Cancellation. If any product is discontinued or otherwise becomes unavailable, BARCO reserves the right to cancel your order and provide you with a refund for the amount paid for the product.
4. Pricing and Products
We make reasonable efforts to display our Products and their colors as accurately as possible. Having said that, the displayed colors of the Products will depend upon your monitor, and we cannot guarantee that your monitor will accurately portray the actual colors of the Products. Products displayed may be out-of-stock or discontinued, and prices are subject to change prior to submission of an order. We cannot confirm the price of an item until prior to you paying for the order. Despite our best efforts, a small number of the items on our Site may be mispriced. To the extent permitted by applicable law, we are not responsible for typographical errors regarding price or any other matter and reserve the right to correct any such errors at any time. All prices do not include shipping and handling, GST, VAT, sales taxes, or any customs charges or duties (including brokerage fees) which, if applicable, will be added to your total purchase price prior to you paying for the order. You are responsible for the payment of any shipping and handling charges, state, GST, VAT, provincial and local sales or use taxes, and customs charges or duties (including brokerage fees) that may apply to your order.
5. Promotional Offers
We may run promotional offers from time to time on the Site. The terms of any such promotion will be posted on the Site. You acknowledge that you have read and understood the applicable terms for information related to any such promotion. Each promotional term is incorporated by this reference into, and made a part of, these Terms of Use. Unless otherwise indicated, we may establish and modify, in our sole discretion, the terms of such offer and end such offer at any point. Promotional offers, contests, sweepstakes, loyalty programs, discounts, and similar programs may not be available in your jurisdiction and may be subject to additional eligibility requirements, disclosures, or terms. To the extent any such program constitutes a financial incentive or price or service difference under applicable law, we will provide the material terms of the program at the time you enroll, participation will be voluntary, and you may withdraw at any time in accordance with the applicable program terms.
6. Ownership
You understand and acknowledge that the software, code, proprietary methods and systems used to provide the Site and/or Services (“Our Technology”) are: (i) copyrighted by us and/or our licensors under United States and international copyright laws; (ii) subject to other intellectual property and proprietary rights and laws; and (iii) owned by us or our licensors. Our Technology may not be copied, modified, reproduced, republished, posted, transmitted, sold, offered for sale, or redistributed in any way without our prior written permission and the prior written permission of our applicable licensors. You must abide by all copyright notices, information, or restrictions contained in or attached to any of Our Technology. Nothing in these Terms of Use grants you any right to receive delivery of a copy of Our Technology or to obtain access to Our Technology except as generally and ordinarily permitted through the Site according to these Terms of Use. Furthermore, nothing in these Terms of Use will be deemed to grant, by implication, estoppel or otherwise, a license to Our Technology.
a. Trademarks. Certain of the names, logos, and other materials displayed on Products, the Site or the Services constitute trademarks, trade names, service marks, logos, graphics, designs or other commercial symbols (“BARCO Marks”) of BARCO or other entities. You are not authorized to use any such marks. Ownership of all such BARCO Marks and the goodwill associated therewith remains with us or those other entities. Any use of third-party software provided in connection with the Site or Services will be governed by such third parties’ licenses and not by these Terms of Use.
b. Usage. Subject to these Terms of Use, BARCO grants you a limited license to reproduce portions of the information and content available on the Site and in the Services for the sole purpose of using the Site and Services for your personal or non-commercial purposes. Unless otherwise specified by BARCO in a separate license, your right to use such materials that you access or download through the Site or the Services is subject to the Terms of Use.
c. Third-Party Materials. As a part of the Site and/or Services, you may have access to materials that are hosted by another party. You agree that it is impossible for BARCO to monitor such materials and that you access these materials at your own risk.
7. Rules Regarding Information and Other Content
When you access the Site and/or Services, you obtain access to various kinds of information and materials, all of which we call “Content.” Content may include, without limitation, text, images, product information, reviews, comments, messages, chat communications, customer support inquiries, survey responses, feedback, and other content made available through the Site or Services.
You agree not to revise Content posted by others, and you represent and warrant that you will not post any Content in any manner that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, invasive of another’s privacy, hateful, fraudulent, infringing, or otherwise objectionable, or that violates any law or any right of any third party.
Though we strive to enforce these rules with all of our users, you may be exposed through the Site or Services to Content that violates our policies or is otherwise offensive. You access the Site and Services at your own risk. We may, but are not obligated to, remove Content from the Site for any reason, including if we determine or suspect that such Content violates these Terms of Use. We are merely acting as a passive conduit for such distribution and, to the extent permitted by law, we take no responsibility for your exposure to Content on the Site or through the Services whether it violates our content policies or not.
However, when you as a user post or publish Content that you upload, post, email, transmit or otherwise make available on the Site (“Your Content”), you grant BARCO a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive and fully sublicensable right (including any moral rights) and license to use, license, distribute, reproduce, modify, adapt, publicly perform, create derivative works from, publicly display, derive revenue or other remuneration from, and communicate to the public, Your Content (in whole or in part) and/or to incorporate it in other works in any form, media or technology now known or later developed, for the full term of any worldwide intellectual property right, including moral rights, that may exist in Your Content. Please remember that other users may search for, see, use, modify and reproduce any of Your Content that you submit to any public area of the Site. You warrant that the holder of any worldwide intellectual property right, including moral rights, in Your Content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. You agree that you, not BARCO, are responsible for all of Your Content on the Site.
8. General Rules of User Conduct
It is our goal to make access to our Site and Services a good experience for all of our users. You agree not to, and represent and warrant that you will not use, reproduce, duplicate, copy, sell, resell or exploit the Products or any portion of the Site or Services, your use of the Site or Services, or access to the Site or Services for any purposes other than for which the Site or Services are being provided to you, or do any of the following: interfere with or disrupt the operation, security, accessibility, integrity, or performance of the Site or Services; attempt to gain unauthorized access to any account, system, or network; misuse any chat, messaging, review, survey, or customer support functionality; use any automated means to scrape, harvest, index, monitor, or copy Content or information from the Site except as expressly authorized; introduce any virus, malware, malicious code, or other harmful technology; evade or attempt to evade any security, fraud prevention, consent, or preference mechanism; or use the Site or Services in a manner that violates applicable law, infringes the rights of any third party, or is otherwise inconsistent with these Terms of Use. We may monitor Site activity, communications, transactions, and interactions to detect, investigate, prevent, and respond to fraud, abuse, unauthorized access, security incidents, violations of our policies, and other harmful or unlawful activity.
9. Feedback
If you provide us with any ideas, thoughts, criticisms, suggested improvements, or other feedback related to the Products, the Site, or the Services (collectively, “Feedback”), you agree that we may use that Feedback to modify our Products, Site, and Services and that you will not be entitled to any compensation, including any royalty related to any product or service that incorporates your Feedback. You grant us a worldwide, royalty-free, fully paid, perpetual, irrevocable license to use, reproduce, modify, translate, distribute, perform, display, import, sell, offer for sale, make, have made, and otherwise exploit the Feedback in any form, media, or technology, whether now known or hereafter developed, and to allow others to do the same. This applies whether you provide Feedback on the Site, through customer support, chat, messaging, surveys, reviews, social media, or through any other method of communication with us, unless we have entered into a separate written agreement with you that provides otherwise.
10. Modifications to the Site or Services
We reserve the right to modify or discontinue the Site or Services with or without notice to you. To the full extent permitted by law, we will not be liable to you or any third party should we exercise our right to modify or discontinue the Site and/or Services. Such modifications may include changes to Site functionality, content, accessibility features, analytics tools, advertising technologies, fraud prevention tools, customer support tools, third-party integrations, or other operational features.
You may need to update third-party software from time to time in order to use the Site and/or Services. If you object to any such changes, your sole recourse will be to cease access to the Site or Services. Continued access to the Site or Services following notice of any such changes will indicate your acknowledgement of such changes and satisfaction with the Site or Services as so modified. You agree that we, in our sole discretion and exercised reasonably, may immediately terminate your access to the Site and Services at any time, for any reason. To the full extent permitted under applicable law, you agree that we will not be liable to you or any other party for any termination of your access to the Site or Services. All provisions of the Terms of Use which by their nature should survive shall survive termination of Services, including without limitation ownership provisions, warranty disclaimers, limitation of liability, and dispute resolution.
11. Third Party Content and Other Websites
Content from other users, suppliers, advertisers, analytics providers, social media platforms, commerce providers, customer support providers, and other third parties may be made available to you through the Site and/or the Services. Because we do not control such content, services, or technologies, you agree that we are not responsible for any such content, services, or technologies. The Site and Services may contain links to websites, platforms, chatbots, messaging tools, social media pages, applications, or services not operated by us. Third parties may independently collect information about you when you interact with them, including after leaving our Site, and we are not responsible for their privacy practices.
We do not make any warranties, representations, endorsements or guarantees about the accuracy, currency, suitability, or quality of the information in such content, and we assume no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content made available by other users, advertisers, and other third parties or violation of any third-party rights related to such content. You understand that by using the Site and/or Services you may be exposed to third-party websites, platforms, chatbots, messaging tools, social media pages, applications, or services that you find offensive, indecent or otherwise objectionable. We make no warranty, representation, endorsement, or guarantee regarding, and accept no responsibility for, the quality, content, nature or reliability of third-party websites, products or services accessible by hyperlink or otherwise from the Site or Services. We provide these links and integrations for your convenience only and we do not control such websites, platforms, or services. Our inclusion of links to such websites, brand pages, integrations, or third-party tools does not imply any endorsement of the materials on such third-party websites or any association with their operators. The Site and Services may contain links to websites that are operated by us but which operate under different terms of use. It is your responsibility to review the privacy policies and terms of use of any other website, platform, or service you visit or use. You agree that to the fullest extent permitted by law in no event will we be liable to you in connection with any websites, content, products, materials, or practices of any third party.
12. Privacy Policy
You acknowledge that you have read and understood the terms of the BARCO Privacy Policy for information relating to our collection, use, disclosure, retention, and other processing of your personal information, as well as your rights and choices regarding such information. The Privacy Policy also describes, among other things, how we use cookies, pixels, analytics, advertising, and similar technologies; how we process information relating to accounts, orders, events, customer support, communications, and content you provide; and how you may submit privacy requests or exercise applicable rights and choices. The Privacy Policy is incorporated into these Terms of Use by this reference.
13. Disclaimer of Warranties
Subject to applicable law to the contrary, this Site and all Content, Products and Services included on or otherwise made available to you through this Site are provided by BARCO “with all faults” and on an “as is” and “as available” basis, unless otherwise specified in writing. To the fullest extent permitted by applicable law, BARCO makes no representations or warranties of any kind, whether express or implied, statutory or collateral, as to the operation of this Site or the Content, Products or Services included on, or otherwise made available to you through, this Site, unless otherwise specified in writing, including, but not limited to, any warranties or conditions of quality, durability, merchantability, fitness for a particular or general use or purpose, non-infringement, quiet enjoyment, and accuracy. You expressly agree that your use of this Site is at your sole risk.
Subject to applicable law to the contrary, we make no representation or warranty that the Products, Site or Services will meet your requirements, or that the Site and/or Services will be uninterrupted, timely, secure, or error free; nor do we make any representation or warranty as to the results that may be obtained from the use of the Products, Site or Services, or that defects in the Site or Services will be corrected other than as set out in our returns policy. You understand and agree that you will be solely responsible for any damage to your computer or loss of data that results from the download of any material and/or use of any product, unless such loss or damage is due to the willful misconduct of BARCO. No advice or information, whether oral or written, obtained by you from us through the Site, Services, or otherwise will create any warranty, condition, representation or guarantee not expressly stated in these Terms of Use.
14. Limitation of Liability
You acknowledge and agree that we are only willing to sell the Products and provide access to the Site and Services if you agree to certain limitations of our liability to you and to third parties. You understand that to the fullest extent permitted under applicable law, and subject to any non-excludable consumer rights you may have, in no event will we or our officers, employees, directors, parents, subsidiaries, affiliates, agents or licensors be liable for any indirect, incidental, special, consequential or exemplary damages, including but not limited to damages for loss of revenues, profits, goodwill, use, data, lost opportunities, or business interruptions or other intangible losses (even if such parties were advised of, knew of or should have known of the possibility of such damages, and notwithstanding the failure of essential purpose of any limited remedy), arising out of or related to your use of or access to, or the inability to use or to access, the Site or the Services or use of the Products, regardless of whether such damages are based on contract, tort (including negligence and strict liability), warranty, statute or otherwise. We will not be liable for any damages arising from transactions between you and third-party merchants or for any information appearing on third-party merchant sites or any other site linked to our Site. To the fullest extent permitted by applicable law and subject to your non-excludable consumer rights, our total liability to you for all claims arising from or related to the Site, the Services or the Products is limited, in the aggregate, to the greater of (i) the total amount of the product order(s) giving rise to our liability and (ii) fifty dollars (U.S. $50.00).
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability, including for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent that we may not, as a matter of applicable law, disclaim any implied warranty or condition or guarantee or limit liabilities, the scope and duration of such warranty or condition or guarantee and the extent of our liability will be the minimum permitted under such applicable law.
15. Indemnification
To the fullest extent permitted by applicable law, you agree to indemnify, defend and hold harmless BARCO, our parents, subsidiaries, affiliates, officers, directors, co-branders and other partners, employees, consultants and agents (“BARCO Parties”), from and against any and all third-party claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys’ or legal fees and court costs) that such parties may incur as a result of or arising from: (i) your unauthorized use of, or misuse of, the Products, Site or Services; (ii) your violation of any portion of these Terms of Use; (iii) your violation of any rights of any other person or entity; or (iv) any viruses, Trojan horses, worms, time bombs, spyware, malware, cancelbots or other similar harmful or deleterious programming routines input by you into the Site or Services. BARCO reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with us in asserting any available defenses.
16. Procedure for Making Claims of Copyright Infringement
It is BARCO policy to terminate Site privileges of any user who repeatedly infringes copyright upon prompt notification to BARCO by the copyright owner or the copyright owner’s legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on the Site and/or Services in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (2) a description of the copyrighted work that you claim has been infringed; (3) a description of the location on the Site and/or Services of the material that you claim is infringing; (4) your address, telephone number and email address; (5) 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 (6) 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.
Contact information regarding claims of copyright infringement is as follows: BARCO UNIFORMS, ATTN: Copyright Agent, 350 W Rosecrans Ave, Gardena, CA 90248. If you have further questions, please email customercare@barcowear.com.
17. Electronic Communications
By using the Site and Services, you consent to receive communications from us electronically, as further described in our Privacy Policy. With your consent where required by law, we may also send marketing communications by email, SMS, MMS, direct mail, and other channels. Even if you opt out of marketing communications, we may continue to send transactional, service-related, account-related, security-related, legal, and administrative communications.
18. General
Where BARCO requires that you provide an email address, you are responsible for providing BARCO with your most current email address. If the last email address you provided to BARCO is not valid, or for any other reason is not capable of delivering to you any notices required or permitted by these Terms of Use, BARCO’s dispatch of the email containing such notice will nonetheless constitute effective notice. You may also contact BARCO regarding these Terms of Use, the Privacy Policy, or privacy requests at customercare@barcowear.com.
You may give notice to BARCO at the following address: BARCO UNIFORMS, ATTN: BARCOWEAR TERMS OF USE, 350 W Rosecrans Ave, Gardena, CA 90248.
a. Applicability of Arbitration Agreement. You agree that any dispute or claim relating in any way to your access or use of the Site, to any Products sold or distributed through the Site, to any of our advertising for the Site or the Products, or to this Agreement, or to any aspect of your customer relationship with BARCO, will be resolved by binding arbitration, rather than in court, except that (1) you or we may assert claims in small claims court if the claims qualify and remain solely in such court; and (2) you or BARCO may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). This Arbitration Agreement shall apply, without limitation, to all claims that arose or were asserted before the effective date of this Agreement or any prior version of this Agreement.
b. Arbitration Rules and Forum. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent, GKL Registered Agents of DE, Inc., 3500 S. Dupont Highway, Dover, DE 19901. The arbitration will be conducted by JAMS, an established alternative dispute resolution provider. Disputes involving claims and counterclaims under $250,000, not inclusive of attorneys’ fees and interest, shall be subject to JAMS’s then-current Streamlined Arbitration Rules and Procedures; all other claims shall be subject to JAMS’s then-current Comprehensive Arbitration Rules and Procedures. If JAMS is not available to arbitrate, the parties will select an alternative arbitral forum. If the arbitrator finds that you cannot afford to pay JAMS’s filing, administrative, hearing and/or other fees and cannot obtain a waiver from JAMS, BARCO will pay them for you. In addition, BARCO will reimburse all such JAMS filing, administrative, hearing and/or other fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
c. Authority of Arbitrator. The arbitrator shall have exclusive authority to (A) determine the scope and enforceability of this Arbitration Agreement and (B) resolve any dispute related to the interpretation, applicability, enforceability or formation of this Arbitration Agreement including, but not limited to, any claim that all or any part of this Arbitration Agreement is void or voidable. The arbitration will decide the rights and liabilities, if any, of you and BARCO. The arbitration proceeding 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 arbitral forum’s rules, and the Agreement. 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 BARCO.
d. Waiver of Jury Trial. You and BARCO hereby waive any constitutional and statutory rights to sue in court and have a trial in front of a judge or a jury. You and BARCO are instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement, except as specified above. An arbitrator can award on an individual basis the same damages and relief as a court and must follow this Agreement as a court would. However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.
e. Waiver of Class or Other Non-Individualized Relief. All claims and disputes within the scope of this Arbitration Agreement must be arbitrated on an individual basis and not on a class or collective basis, only individual relief is available, and claims of more than one customer or user cannot be arbitrated or consolidated with those of any other customer or user. If a decision is issued stating that applicable law precludes enforcement of any of this subsection’s limitations as to a given claim for relief, then that claim for relief, and only that claim for relief, must be severed from the arbitration and brought into the state or federal courts located in Los Angeles County, California. All other claims shall be arbitrated.
f. 30-Day Right to Opt Out. You have the right to opt out of the provisions of this Arbitration Agreement by sending written notice of your decision to opt out to customercare@barcowear.com within 30 days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address, your BARCO username (if any), the email address you used to set up your BARCO account (if you have one), and an unequivocal statement that you want to opt out of this Arbitration Agreement. If you opt out of this Arbitration Agreement, all other parts of this Agreement will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may have entered into with any of the BARCO Parties, or that you may enter into in the future with any BARCO Parties.
g. Severability. Except as provided in the class waiver subsection above, if any part or parts of this Terms of Use and the Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Terms of Use and Arbitration Agreement shall continue in full force and effect.
h. Survival of Agreement. All disclaimers, and exclusions in these Terms of Use and the Arbitration Agreement shall survive termination or expiration of these Terms of Use or the termination of your relationship with BARCO.
i. Modification. Notwithstanding any provision in the Terms of Use to the contrary, we agree that if BARCO makes any future material change to this Arbitration Agreement, you may reject that change within thirty (30) days of such change becoming effective by writing BARCO at customercare@barcowear.com.
j. Choice of Law. These Terms of Use, and any dispute, claim, or controversy arising out of or relating to these Terms of Use, the Site, the Products, or the Services, will be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of laws principles, except to the extent preempted by the Federal Arbitration Act or other applicable federal law.
k. Choice of Language. It is the express wish of the parties that these Terms of Use and all related documents have been drawn up in English.
l. Export Control. To the maximum extent permissible under applicable law, you may not use, export, import, or transfer any Products or BARCO materials except as authorized by U.S. law, the laws of the jurisdiction in which you obtained the Products or BARCO materials, and any other applicable laws. In particular, but without limitation, to the maximum extent permissible under applicable law, the Products or BARCO materials 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 Products or BARCO materials, 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 Products or BARCO materials for any purpose prohibited by U.S. or other applicable law, including the development, design, manufacture or production of missiles, nuclear, chemical or biological weapons.
m. Release. You hereby release the BARCO Parties and their successors from claims, demands, any and all losses, damages, rights, and actions of any kind, including personal injuries, death, and property damage, that is either directly or indirectly related to or arises from your use of the Site and/or Services, including but not limited to, any interactions with or conduct of other users or third-party websites of any kind arising in connection with or as a result of the Terms of Use or your use of the Site and/or Services. If you are a California resident, you hereby waive California Civil Code Section 1542.
n. Force Majeure. Without limiting the foregoing, under no circumstances will BARCO be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond our reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of transportation facilities, fuel, energy, labor or materials, fires, floods, storms, explosions, acts of God, pandemics, war, acts of civil or military authorities, orders of domestic or foreign courts or tribunals, or non-performance of third parties.
o. Severability. If any provision of these Terms of Use is found under the law to be invalid or unenforceable, then such specific provision shall be of no force and effect to the extent of such invalidity or unenforceability, and the remainder of these Terms of Use shall continue in full force and effect.
p. Entire Agreement. These Terms of Use, together with any applicable Supplemental Terms and the Privacy Policy, constitute the entire agreement between you and BARCO regarding the Site, the Products, and the Services, and supersede all prior or contemporaneous agreements, communications, and proposals, whether oral or written, relating to the same subject matter.
q. No Waiver. No waiver by BARCO of any provision of these Terms of Use shall be deemed a further or continuing waiver of such provision or any other provision, and BARCO’s failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
r. Assignment. You may not assign or transfer these Terms of Use, by operation of law or otherwise, without BARCO’s prior written consent. Any attempt by you to assign or transfer these Terms of Use without such consent will be null and void. BARCO may assign or transfer these Terms of Use, at its sole discretion, without restriction. Subject to the foregoing, these Terms of Use will bind and inure to the benefit of the parties, their successors, and permitted assigns.
s. Headings and Interpretation. The section headings in these Terms of Use are for convenience only and have no legal or contractual effect. The word “including” means “including without limitation.” These Terms of Use will not be construed against any party by reason of having drafted them