Bevel
Terms Of Service
Bevel’s mission is to educate consumers in all aspects of the home-buying process. Whether you are a first-time homebuyer, a move-up buyer, or recovering from a foreclosure, Bevel can help you. We believe homeownership offers a physical and emotional stability that everyone deserves to experience.
1. Definitions; Agreement.
In these Terms of Service (“Terms”), “we”, “us”, “our”, “Bevel”, or “Bevel” refers to Bevel LLC, 23800 Orchard Lake Rd. Suite 211 Farmington Hills, MI 48336; and the terms “you”, “your”, and “user” refers to you. When referring to the “Bevel services,” we mean to include both our telephone-based and text-based services, our website and all existing web-based apps and services, and various websites, applications, web applications, text messages, email notifications, and other mediums, or portions of such mediums, provided by Bevel and any vendors and affiliates (“Content”).
You accept and agree to our Terms by using the Bevel services. If you are using the Bevel services on behalf of an organization, then you are agreeing to these Terms for that organization and representing to Bevel that you have the authority to bind that organization to these Terms (and, in which case, the terms “you”, and “your”, and “user” will refer to that organization). If that organization has a separate written agreement with Bevel covering the use of the Bevel services, then, if there are any provisions in these Terms that conflict with the separate written agreement, the separate written agreement will govern such use.
Whether using the Bevel services as an individual or on behalf of an organization, you acknowledge that the agreements contained in these Terms are supported by reasonable and valuable consideration, including, without limitation, your ability to visit, use, submit information to, or receive information from the Bevel services, the receipt and adequacy of which consideration is hereby acknowledged by you individually and on behalf of any organization you represent. You also represent that you have the capacity to be bound by the agreements contained in these Terms and, if you are acting on behalf of a company or other entity, you have the authority to bind such organization.
By using the Bevel services, you agree to receive telephone calls and text messages from us and our referral network of service providers. By using the Bevel services, you expressly authorize Bevel, its affiliated companies, and its referral network of service providers, and each such entity’s employees, contractors, and software (collectively, “Service Providers”) to communicate with you by telephone and text at the wireless telephone number you provided or at any other number you may provide in the future. You understand that message and data rates may apply, based upon the terms of your wireless contract. You also agree that methods of contact may include the use of auto-generated text messages or an automated telephone dialing system, even if you have registered that number on a Do-Not-Call registry, and that your consent to text messages and telephone calls is not a condition to using any Service Providers’ services. If you do not consent to receive these texts or calls, do not use the Bevel services or provide your information to us.
You agree to indemnify a Service Provider in full for all claims, expenses, and damages related to or caused in whole or in part by your failure to notify such Service Provider if you change your wireless telephone number, including, but not limited to, all claims, expenses, and damages related to or arising under the Telephone Consumer Protection Act (TCPA). You agree to notify such Service Provider promptly if you change your wireless telephone number. You may revoke your consent to receive (i) telephone calls by requesting to be placed on an internal Do Not Call list and (ii) text messages by responding to a text message with STOP. You understand this authorization cannot be revoked if action has already been taken in reliance on this authorization prior to the date a Service Provider receives your request to revoke authorization.
Our referral network of Service Providers includes real estate brokers, independent real estate agents, independent mortgage brokers, and independent mortgage bankers. A list of our Service Providers can be requested by emailing support@gobevel.com.
In the event of a dispute between you and Bevel, you agree to binding arbitration. These Terms contain a binding arbitration agreement, which provides that you and Bevel agree to resolve certain disputes through binding individual arbitration and give up any right to have those disputes decided by a judge or a jury. You have the right to opt out of this agreement to arbitrate.
The Bevel services are not intended for minors. The Bevel services are intended to be accessed and used only by adults and are not directed to minors. We do not knowingly collect personal information from anyone under the age of 18, and you should not provide us with any information regarding any individual under the age of 18. The Bevel services are also only to be used by citizens and residents of the United States. No other persons are authorized to use the Bevel services.
PLEASE REVIEW THESE TERMS CAREFULLY. ONCE ACCEPTED BY YOUR USE OF THE Bevel SERVICES, THESE TERMS BECOME A BINDING LEGAL AGREEMENT BETWEEN YOU AND Bevel. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, YOU SHOULD NOT TEXT OR EMAIL WITH THE Bevel SERVICES, AND YOU SHOULD NOT USE THE Bevel SERVICES.
If you continue to use the Bevel services after these Terms change, then you have accepted those changes. We may revise these Terms from time to time. If we do, our revised Terms will supersede prior versions. Unless we provide otherwise, revisions will be effective on and after the date at the top of the revised Terms. If we make any material changes to these Terms, we will provide notice to you either here, via the Bevel app, or via text or telephone. For non-material changes, we will update the effective date of these Terms at the top of this page. We encourage you to check the effective date of these Terms whenever you visit our website, use the Bevel mobile services, or use the Bevel app. Your continued access to or use of the Bevel services constitutes your acceptance of any and all changes, whether material or non-material. If you do not agree to the changes, you should stop using the Bevel services.
2. Your Use of the Bevel Services.
If you want to use the Bevel services, you need to give us some information about yourself. The information you provide to us must be true and kept up to date. In order to use the Bevel services, you will be asked to provide your mobile telephone number, which indicates your consent for us to contact you via email, voice call, and/or text message, including through the use of automated calling technology, even if you have registered that number on a Do-Not-Call registry. We may also ask you to provide other information, such as your email address or current physical address. You must provide true, accurate, current, and complete information about yourself, as requested, during the user onboarding process. You must keep that information true, accurate, current, and complete after your initial use of the Bevel services.
Your right to access and use the Bevel services is personal to you and is not transferable by you to any other person or entity. You are entitled to access and use the Bevel services only for lawful purposes and pursuant to these Terms.
You are solely responsible for all use (whether or not authorized) of the Bevel services related to your mobile telephone number, including the quality and integrity of your user data. You are also solely responsible for all acts and omissions of anyone who has access to or otherwise uses your mobile telephone number (“end users”). You agree to take all reasonable precautions to prevent unauthorized access to or use of the Bevel services and to notify us promptly of any unauthorized access or use. We will not be liable for any loss or damage arising from unauthorized use of the Bevel services via your mobile telephone number. You also agree to not allow any person under the age of 18 to use the Bevel services via your mobile telephone number.
Bevel makes no guarantees regarding availability of the Bevel services. We will use our best efforts to make the Bevel services available to you, but we make no guarantee regarding the availability of the Bevel services, generally or at any particular time. You may use the Bevel services, on a non-exclusive basis, solely in connection with and as necessary for your activities pursuant to these Terms. Any action by you that, in our sole discretion: (i) violates these Terms; (ii) restricts, inhibits, or prevents any access, use, or enjoyment of the Bevel services; or (iii) through the use of the Bevel services, defames, abuses, harasses, offends, or threatens will not be permitted and may result in your loss of the right to access and use the Bevel services. You will not modify, scrape, embed, or frame the Bevel services without our prior written consent. Bevel reserves the right to cease providing or discontinue the Bevel services to any particular user, any group of users, or all users, in its sole and complete discretion and without prior notice.
3. Offers from our Service Providers and Affiliates.
Through the Bevel services, Bevel and our Service Providers and affiliates may provide a venue through which you can obtain information regarding residential real estate; and you can, upon your request, be connected to third-party Service Providers, including, without limitation, real estate brokers, independent mortgage brokers, independent mortgage bankers, mortgage information services, credit repair companies, insurance brokers, moving services, and other companies providing services around the buying and selling of real estate. Bevel is not a Service Provider, and we do not endorse or recommend any particular Service Provider or the products or services of any particular Service Provider, and we are not an agent or advisor to you or any Service Provider. We do not validate or investigate the licensing, certification, or other requirements and qualifications of Service Providers. Your responsibility is to investigate any Service Provider before you engage them. You acknowledge and agree that these Service Providers are solely responsible for any services that they may provide to you; and we are not liable for any losses, costs, damages, or claims in connection with, arising from, or related to your use of a Service Provider or a Service Provider’s products or services. We urge you to obtain the advice of financial advisors or other qualified professionals who are fully aware of your individual circumstances before you make any financial decisions. You acknowledge and agree that you rely on your own judgment and that of such advisors in selecting a Service Provider or any products or services offered by Service Providers.
4. Information you Provide to Bevel; Limitations.
If you transmit, submit, or post information to the Bevel services that is not federally trademarked and/or copyrighted, you automatically grant us and our assigns the worldwide, fully-paid, royalty-free, exclusive right and license to use, copy, format, adapt, publish, and/or incorporate any or all such information in any media whatsoever, including, without limitation, the Content, which is defined in Section 1. If you have obtained prior written permission from us to transmit, submit, or post information to our Bevel services that is federally trademarked and/or copyrighted, you automatically grant us and our assigns the worldwide, fully-paid, royalty-free right to use, copy, format, adapt, publish, and/or incorporate any or all such information in any media.
You shall not transmit, submit, or post the following to the Bevel services:
We reserve the right (but not the obligation) to edit, refuse to post, or remove your transmissions, submissions, or postings. Under our Privacy Policy, which appears below, we may review transmissions, submissions, or postings made by you to determine, in our sole discretion, your compliance with these Terms. You are solely responsible for all your transmissions, submissions, and postings (i.e., your own user data) and the consequences of transmitting, submitting, and posting them.
5. Bevel’s Use of your Data.
Please read our Privacy Policy, which appears below, to understand what we do with your data. If you do not want your data used that way, stop using the Bevel services immediately and unsubscribe from the Bevel mobile services and web app by texting “STOP” to us. For the purposes of these Terms, “user data” means data and other information made available to us through the use of the Bevel services, including, user usage data and user content. For the purposes of these Terms, “user usage data” means communications metadata made available to us through the use of the Bevel services and includes, without limitation, data used to trace and identify the source and destination of a communication, such as individual data subjects’ telephone numbers, data on the location of the device generated in the context of providing the Bevel services, and the date, time, duration, and type of communication. For the purposes of these Terms, “user content” means content exchanged by means of use of the Bevel services, such as text message bodies, voice and video media, images, sound, and other content. You acknowledge that you have read our Privacy Policy and understand that it sets forth how we will collect, store, and use your user data. If you do not agree with our Privacy Policy, stop using the Bevel services immediately.
You instruct us to use and disclose user data as necessary to (i) provide the Bevel services consistent with our Privacy Policy and these Terms, including detecting, preventing, and investigating security incidents, fraud, or unlawful use of the Bevel services; (ii) respond to any technical problems or user queries and ensure the proper working of the Bevel services; (iii) protect ourselves, our other customers, and the public from harm or illegal activities or the unauthorized use of the Bevel services; (iv) respond to an emergency that we believe, in good faith, requires us to disclose user data to assist in preventing a death or serious bodily injury; or (v) comply with any applicable Law, regulation, legal process, or government request.
For the purposes of these Terms, “Law” means any statute, law, ordinance, regulation, rule, judgment, or order of a government, court, or tribunal of competent jurisdiction, including, without limitation, any data protection laws, privacy laws, any laws that require you to obtain consent from a user or provide notice to a user in connection with such user’s use of any of the Bevel services, any state, federal, and international laws, regulations, and rules related to the recording or monitoring of telephone calls, SMS messages, or other communications, the U.S. Foreign Corrupt Practices Act, rules established by the Federal Communications Commission, any federal or state anti-spam statute or regulation, including the CAN SPAM Act of 2003, or any federal or state statute or regulation prohibiting the dissemination of unsolicited communications, including the Telephone Consumer Protection Act of 1991 (TCPA).
We may use or disclose your data for one or more of the reasons below:
6. Restrictions and Requirements.
If you use the Bevel services, you must comply with the following restrictions and requirements:
7. Service Providers; Closing Credits.
Through the Bevel services, we may introduce you to mortgage lenders and realtors who have agreed to make a closing credit (the “Closing Credit”) available to you at the closing of your loan to purchase a home. This Closing Credit will reduce the amount of funds you will be required to bring to closing. While you are welcome to utilize any mortgage lender or realtor you choose, the Closing Credit is available only from a lender or realtor introduced to you by Bevel. The amount of the Closing Credit available to you is a maximum of one percent (1.0%) of the loan amount you agree to in connection with your purchase of a home, one-half (1/2) of which will be contributed by the lender introduced to you by Bevel and one-half (1/2) of which will be contributed by the realtor introduced to you by Bevel. You are not required to use either the lender or the realtor introduced to you by Bevel, but the Closing Credit is attached to such use.
While Bevel is compensated by lenders for the introductions we make, such lenders have represented to us that the issuance of the Closing Credit will not result in higher rates, points, or closing costs for consumers. An affiliate of Bevel, Bevel Realty, is compensated by realtors for the introductions we make through the payment of a cooperating broker fee, which does not affect the amount of the realtor commission that would otherwise be paid at closing.
If you, at your sole discretion, choose to engage with one of the lenders or realtors to whom we may introduce you, then you will be required to accept such party’s terms of service. These Service Providers are solely responsible for their products or services offered, the content therein, and any claims that you or any other party may have relating to a Service Provider’s products and services.
When you choose to do business with one of our Service Providers, you acknowledge that (i) you are purchasing any products or services offered by the Service Provider directly from them and that Bevel is not a party to any agreement between you and the Service Provider with respect to those products and services; and (ii) Bevel is not responsible for that Service Provider’s products or services, the content therein, or any claims that you or any other party may have relating to that Service Provider’s products and services. By choosing to do business with one of our Service Providers, you grant us permission to share your user data with the Service Provider so that they may offer their products or services to you.
8. Ownership and Confidentiality.
What’s ours is ours, and what’s yours is yours. As between you and Bevel, we exclusively own and reserve all right, title, and interest in and to the Bevel services and our Confidential Information. As between you and Bevel, you exclusively own and reserve all right, title, and interest in and to your Confidential Information.
We both agree to not tell anyone else about confidential information that we receive from each other. Also, we both agree to use each other’s confidential information only as agreed to in these Terms. For the purposes of these Terms, "Confidential Information" means any information or data, regardless of whether it is in tangible form, disclosed by either party, that is marked or otherwise designated as confidential or proprietary or that should otherwise be reasonably understood to be confidential given the nature of the information and the circumstances surrounding disclosure. Confidential Information does not include any information that: (i) is publicly available through no fault of the receiving party; (ii) was properly known to the receiving party, without restriction, prior to disclosure by the disclosing party; (iii) was properly disclosed to the receiving party, without restriction, by another person without violation of the disclosing party's rights; or (iv) is independently developed by the receiving party without use of or reference to the Confidential Information of the disclosing party.
Money alone may not be enough to make either of us whole if one of us breaks our promise of confidentiality. Therefore, we both can seek other remedies, if needed. The receiving party agrees that it will use the Confidential Information of the disclosing party solely in accordance with these Terms and it will not disclose such Confidential Information to any third party without the disclosing party’s prior written consent, except as otherwise permitted hereunder; provided, however, Bevel may use and disclose your Confidential Information as necessary to provide the Bevel services, including providing information about you to our Service Providers. The receiving party agrees to exercise due care in protecting Confidential Information of the disclosing party from unauthorized use and disclosure. The receiving party may disclose the Confidential Information of the disclosing party, in whole or in part, to its employees, representatives, actual or potential investors, and subcontractors who have a need to know and are legally bound to keep such information confidential, consistent with these Terms. The receiving party may disclose the Confidential Information of the disclosing party as required by applicable Law, provided that, prior to any such compelled disclosure, the receiving party will, if permissible: (i) promptly notify the disclosing party in writing to allow the disclosing party a reasonable opportunity to resist such disclosure and/or seek a protective order, and (ii) reasonably cooperate with the disclosing party in protecting against any such disclosure and/or obtaining a protective order narrowing the scope of such disclosure. In the event that such protection against disclosure is not obtained, the receiving party will be entitled to disclose the Confidential Information of the disclosing party, but only as and to the extent necessary to legally comply with such compelled disclosure. The parties expressly acknowledge and agree that no adequate remedy may exist at law for an actual or threatened breach of this provision and that, in the event of an actual or threatened breach, the non-breaching party will be entitled to seek immediate injunctive and other equitable relief, without waiving any other rights or remedies available to it. Each party will promptly notify the other in writing if it becomes aware of any violations of the confidentiality obligations set forth in these Terms.
9. Warranty Disclaimer.
We are offering the Bevel services “as is” and make no representations and warranties regarding the Bevel services. WE HEREBY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE AND WARRANTIES RELATED TO THIRD-PARTY EQUIPMENT, MATERIAL, SERVICES, OR SOFTWARE. THE Bevel SERVICES ARE PROVIDED “AS IS” TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE EXTENT SUCH DISCLAIMER CONFLICTS WITH APPLICABLE LAW, THE SCOPE AND DURATION OF ANY APPLICABLE WARRANTY WILL BE THE MINIMUM PERMITTED UNDER SUCH LAW.
10. Indemnification.
Bevel will not pay for any bills, damages, costs, or expenses related to any claim by you that arises from your use of the Bevel services, including the use of any Service Provider. Further, you agree to indemnify Bevel against all claims of any kind related to your use of the Bevel services, including the use of any Service Provider. Bevel will have no liability or obligation with respect to (i) any claims, demands, actions, suits, discovery demands (including, without limitation, third party subpoenas), government investigations, or enforcement actions (“Claims”); or (ii) any damages, liabilities, losses, settlements, judgments, costs, and expenses (including, without limitation, reasonable attorney’s fees and costs) (“Losses”) related thereto arising out of your use of the Bevel services, including the use of any Service Provider.
You will defend, indemnify, and hold harmless Bevel and its officers, directors, employees, agents, stockholders, and affiliates (“Bevel Indemnified Parties”) from and against all Claims brought or threatened by a third party against a Bevel Indemnified Party and any Losses related thereto alleging or arising out of your breach of or activities under these Terms or your use of the Bevel services, including the use of any Service Provider.
As a condition of your foregoing indemnification obligations: (i) Bevel will promptly notify you of any Claim, provided, however, that the failure to give such notice will not relieve you of your obligations hereunder, except to the extent that you are actually and materially prejudiced by such failure; (ii) you will have the sole and exclusive authority to defend or settle any such Claim (provided that you will obtain Bevel’s consent in connection with any act or forbearance required by Bevel, which consent will not be unreasonably withheld); and (iii) Bevel will reasonably cooperate with you in connection with your activities hereunder, at your sole expense. You reserve the right, at your own expense, to participate in the defense of a Claim. You, in connection with a Claim, will pay all Losses following notice of the Claim. Notwithstanding anything to the contrary contained herein, you will not settle any Claims for which you have an obligation to indemnify admitting liability or fault on behalf of Bevel, nor create any obligation on behalf of Bevel without Bevel’s prior written consent.
11. Limitation of Liability.
INDIRECT DAMAGES. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER IN TORT, CONTRACT, OR OTHERWISE, WILL EITHER PARTY BE LIABLE TO THE OTHER PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES OF ANY KIND OR CHARACTER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, LOST PROFITS, LOST SALES OR BUSINESS, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, LOST DATA, OR FOR ANY AND ALL OTHER DAMAGES OR LOSSES, EVEN IF A PARTY HAD BEEN ADVISED, KNEW, OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. THIS SECTION SHALL NOT LIMIT (A) YOUR LIABILITY ARISING FROM YOUR BREACH OF SECTION 6; (B) EITHER PARTY’S LIABILITY ARISING FROM SUCH PARTY’S BREACH OF SECTION 8; OR (C) EITHER PARTY’S INDEMNIFICATION OBLIGATIONS PURSUANT TO THESE TERMS.
DIRECT DAMAGES. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER IN TORT, CONTRACT, OR OTHERWISE, WILL EITHER PARTY BE LIABLE TO THE OTHER PARTY FOR ANY DIRECT DAMAGES, COSTS, OR LIABILITIES IN EXCESS OF THE AMOUNTS PAID OR PAYABLE BY YOU TO Bevel DURING THE TWELVE (12) MONTHS PRECEDING THE INCIDENT OR CLAIM. THIS SECTION SHALL NOT LIMIT (A) YOUR LIABILITY ARISING FROM YOUR BREACH OF SECTION 6; OR (B) EITHER PARTY’S LIABILITY ARISING FROM SUCH PARTY’S BREACH OF SECTION 8; OR (C) EITHER PARTY’S INDEMNIFICATION OBLIGATIONS PURSUANT TO THESE TERMS. THE PROVISIONS OF THIS LIMITS OF LIABILITY SECTION ALLOCATE THE RISKS PURSUANT TO THESE TERMS BETWEEN THE PARTIES, AND THE PARTIES HAVE RELIED ON THE ALLOCATION AND LIMITATIONS SET FORTH HEREIN IN DETERMINING WHETHER TO ENTER INTO THESE TERMS.
12. Term; Suspension.
These Terms, as they may be updated from time to time, will commence on the date they are accepted by you by either clicking “I Accept” or by your first use of the Bevel services. These Terms will continue until terminated as described below (“Termination”).
We may suspend the Bevel services immediately upon notice for cause if: (i) you violate (or give us reason to believe you have violated) these Terms; (ii) there is reason to believe the traffic created from your use of the Bevel services or your use of the Bevel services is fraudulent or negatively impacting the operating capability of the Bevel services; or (iii) we determine, in our sole discretion, that providing the Bevel services is prohibited by applicable Law, or it has become impractical or unfeasible for any legal or regulatory reason to provide the Bevel services. If we suspend the Bevel services, we will make a reasonable attempt to notify you prior to the suspension, to the extent we can.
13. General.
Feedback. Please let us know what you think about the Bevel services. If you send us feedback, we can use it to improve the Bevel services. Please know that, by submitting suggestions or other feedback (“Suggestions”) about the Bevel services, you agree to the following:
Compliance with Laws. Both you and Bevel will comply with the applicable Law relating to each of our respective activities in connection with the Bevel services and pursuant to these Terms.
No Waiver. Our failure to enforce, at any time, any provision of these Terms does not waive our right to do so later. If we do expressly waive any provision of these Terms, that does not mean such provision is waived for all time in the future. Any waiver must be in writing and signed by you and by us to be legally binding.
Assignment. You will not assign or otherwise transfer your rights, responsibilities, and obligations under these Terms, in whole or in part, without our prior written consent. Any attempt by you to assign, delegate, or transfer your rights, responsibilities, and obligations under these Terms will be null and void.
Unenforceability. Except as described in Section 14, if any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be unenforceable, that provision will be limited or eliminated to the minimum extent necessary to make it enforceable; and, in any event, the rest of these Terms will continue in full force and effect.
Notices. Any notice required or permitted to be given under these Terms will be given in writing to the receiving party by personal delivery, certified mail, return receipt requested, by overnight delivery by a nationally recognized carrier, or by email upon confirmation of receipt. Notices to Bevel shall be copied to support@gobevel.com, Attention: General Counsel.
Entire Agreement. Except as provided in these Terms and in any attachments to these Terms, these Terms supersede all prior and contemporaneous proposals, statements, marketing materials or presentations, and agreements, oral and written. No oral or written information or advice given by Bevel or its agents or employees will create a warranty or in any way increase the scope of the warranties described in these Terms.
Force Majeure. No failure, delay, or default in the performance of any obligation of a party shall constitute an event of default or breach of these Terms, to the extent that such failure to perform, delay, or default arises out of a cause, existing or future, that is beyond the control and without negligence of such party, including action or inaction of governmental, civil, or military authority, fire, strike, lockout or other labor dispute, flood, terrorist act, war, riot, theft, earthquake, and other natural disaster. The party affected by such cause shall take all reasonable actions to minimize the consequences of any such cause.
Governing Law and Venue. The enforceability and interpretation of Section 14 will be determined by the Federal Arbitration Act (including its procedural provisions). Apart from the arbitration provision, these Terms will be governed by and interpreted according to the laws of the State of Michigan without regard to conflicts of laws and principles that would cause laws of another jurisdiction to apply. Except as provided in Section 14, any legal suit, action, or proceeding arising out of or related to these Terms or the Bevel services shall be instituted in either the state or federal courts of Detroit, Wayne County, Michigan; and you and Bevel each consent to the personal jurisdiction of these courts.
14. Agreement to Arbitrate.
Before bringing a formal legal case, you agree to contact our Customer Support team and describe your concerns. Most disputes can be resolved that way.
You and Bevel each agree to arbitrate any dispute. If a dispute cannot be resolved through our Customer Support team, you (on one hand) and Bevel and any of Bevel’s affiliates (on the other hand) all agree to resolve any dispute relating to these Terms or the Bevel services by binding arbitration in Detroit, Wayne County, Michigan, or in another location that is acceptable to us. This agreement applies even after you have stopped using the Bevel services. If we have a dispute about whether this Agreement to Arbitrate can be enforced or applies to our dispute, you and Bevel each agree that the arbitrator will decide that, too.
Pursuant to this Section, you understand that you and Bevel and its affiliates are giving up the right to have a judge and/or jury resolve any controversy or claim arising out of or relating to these Terms or the Bevel services. If any of us brings a claim in court that should be arbitrated or any of us refuses to arbitrate a claim that should be arbitrated, the other of us can ask a court to force us to go to arbitration to resolve the claim (i.e., compel arbitration). Any of us may also ask a court to halt a court proceeding while an arbitration proceeding is ongoing. Notwithstanding the foregoing, if a dispute relates to intellectual property, the same may be brought in the appropriate court in Detroit, Wayne County, Michigan.
Details of Arbitration Procedure. Prior to filing any arbitration, both parties agree to jointly seek to resolve any dispute by mediation conducted by the American Arbitration Association (AAA), with all mediator fees and expenses paid equally by the parties. If mediation is not successful, either party may initiate an arbitration proceeding with AAA. AAA’s rules and procedures are available on their website [http://www.adr.org] or by calling 1-800-778-7879. The arbitration will be governed by the then-current version of AAA’s Commercial Arbitration Rules (the "Rules") and will be held with a single arbitrator appointed in accordance with the Rules. To the extent anything described in this Section conflicts with the Rules, the language of this Section applies. Each of us will be entitled to receive a copy of non-privileged relevant documents in the possession or control of the other party and to take a reasonable number of depositions. All such discovery will be in accordance with procedures approved by the arbitrator. This Section does not alter in any way the statute of limitations that would apply to any claims or counterclaims asserted by either party. The arbitrator’s award will be based on the evidence admitted and the substantive law of the State of Michigan and the United States, as applicable, and will contain an award for each issue and counterclaim. The award will provide in writing the factual findings and legal reasoning for such award. The arbitrator will not be entitled to modify these Terms. Except as provided in the Federal Arbitration Act, the arbitration award will be final and binding on the parties. Judgment may be entered in any court of competent jurisdiction.
15. Class Action Waiver.
Both you and Bevel and its affiliates agree that any claims or controversies must be brought against each other on an individual basis only. That means neither party can bring a claim as a plaintiff or class member in a class action, consolidated action, or representative action. The arbitrator cannot combine more than one person’s or entity’s claims into a single case, and cannot preside over any consolidated, class, or representative proceeding. The arbitrator’s decision or award in one person’s or entity’s case can impact only the person or entity that brought the claim, not other Bevel customers, and cannot be used to decide other disputes with other customers. If a court decides that this Section is not enforceable or valid, then Section 14 will be null and void, but the rest of the Terms will still apply.
Please contact us regarding any copyright-related issues.
Bevel LLC
LAST UPDATED: FEBRUARY 7, 2025
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