Terms & Conditions

INTRODUCTION

Welcome to the nevertoolatetostartconference.com website. This website is subject to certain terms and conditions of use ( collectively « Terms ») set forth below. These terms are important for both you and us as they create a legally binding agreement between us, protecting your rights as a valued donator or customer, and our rights as a business.

PLEASE READ THESE TERMS CAREFULLY BEFORE USING AND/OR MAKING A DONATION FROM THIS WEBSITE. THEY MAY SEEM TECHNICAL AND LEGALISTIC, BUT THEY ARE IMPORTANT. BY USING THIS SITE AND/OR PLACING A DONATION FROM THIS SITE YOU ACCEPT THESE GENERAL TERMS AND CONDITIONS, AND OUR PRIVACY POLICY WITHOUT ANY RESERVATIONS OR QUALIFICATIONS, AND YOU AGREE TO BE BOUND BY THESE TERMS AND OUR PRIVACY POLICY. THIS INCLUDES, WITHOUT LIMITATION, ACCEPTING THE TERMS RELATING TO BINDING ARBITRATION, WAIVER OF THE RIGHT TO CLASS ACTION, DISPUTE RESOLUTION (IF APPLICABLE) DISCLAIMER OF WARRANTIES, DAMAGE AND REMEDY EXCLUSIONS AND LIMITATIONS, AND NEW YORK CHOICE OF LAW AS SET FORTH HEREIN. IF YOU DO NOT AGREE TO THESE TERMS OR OUR PRIVACY POLICY, WHETHER IN WHOLE OR IN PART, PLEASE DO NOT USE THE SITE OR ANY OF THE SERVICES PROVIDED ON THE SITE, MAKE A DONATION OR PLACE AN ORDER FROM THE SITE.

These Terms constitute an agreement between you (hereinafter, “you” or “your”) on the one hand, and BEAR GIVERS (hereafter « BG ») a New York non-profit organization with its principal address at 575 Madison Avenue, 9th floor, 10022 NY (hereinafter collectively, “us,” “our,” “we,” « BG » ) on the other hand, in relation to your use of the Website, the goods offered and sold through this Website, and any orders and donations you place through the Website. Before you place an order, please carefully read these Terms and our Privacy Policy. If you have any questions about the Terms, or the Privacy Policy, you may contact us via the contact information provided on our “Contact Us” webpage on the Site.

HOW DONATION CONTRACTS ARE FORMED On the nevertoolatetostartconference.com website, we offer you the possibility to make a donation of an amount of $25 to the non-profit organization BEAR GIVERS, and you receive a free tee-shirt and book as a way of showing gratitude for your gesture. No contract (“Contract”) in respect of the donation you do in order to receive the products shall exist between you and us until your donation has been acknowledged by us and we send you the Shipment Confirmation (defined below). If we do not accept your order or donation and funds have already been deducted from your account, the funds will be fully refunded. To make a donation, you will be required to follow the process online and press the « Place Order » button to submit the order. After this, you will receive an email from us acknowledging that we have received your order (the “Order Confirmation”). Your order constitutes your donation to us and we offer you to receive products from us for personal use and not for resale purposes. We reserve the right to limit, cancel or prohibit orders that, in our judgment, appear to be placed in violation of this policy. We further reserve the right to cease doing business with customers or donators who violate this policy. All orders and donations are subject to acceptance by us, and we will confirm such acceptance to you by sending you an email that confirms that the product has been dispatched. We will not be bound to supply any other products which may have been part of your order until the dispatch of such products has been confirmed in a separate Shipment Confirmation. Notwithstanding the foregoing, your card or other method of payment will not be charged until your order is accepted and shipped. However, it may show a pre-authorization of the funds immediately upon placing the order. For all purchases and donations made through the Site, you acknowledge and agree that your purchase or donation receipt will be provided electronically only; paper copies of receipts will not be provided. AVAILABILITY OF PRODUCTS All orders for products are subject to availability and in this regard, in the event of supply difficulties or because products are no longer in stock, we reserve the right to give you information about substitute products of an equal or higher quality and value which you can order. If you do not wish to order such substitute products, we will refund any monies that you might have paid. REFUSAL OF ORDER We reserve the right to withdraw any product from the Website at any time and/or remove or edit any materials or content on the Website. While we will make reasonable efforts to process all orders, there may be exceptional circumstances that may require us to refuse to process an order after we have sent you an Order Confirmation; and we reserve the right to refuse to process an order at any time, at our sole discretion. We will not be liable to you or any other third party by reason of our withdrawing any product from the Website, whether it has been sold or not, removing or editing any materials or contents on the Website or for refusing to process or accept an order after we have sent you the Order Confirmation. CANCELLATIONS You may cancel an order for certain products or your donation if the order or the donation is still being processed to receive a refund to your original form of payment of the price paid. RETURNS AND EXCHANGE POLICY BEAR GIVERS is grateful for all donations received in support of our work. Due to restrictions imposed by law and the nature of charitable donations, we cannot provide refunds for donations once they have been received. However, if you believe that your donation was made in error, please contact us. All mistaken or unauthorized donations are refunded using the original method of payment. DELIVERY CLAUSE The goods offered to you with your donation are getting delivered by USPS in a fast shipping method. LEGAL DISPUTES You agree that any controversy or claim arising out of or relating to the Terms, the Site, the Privacy Policy, and/or Bear Givers/Nevertoolatetostartconference.com shall be settled by binding arbitration in a location determined by the arbitrator as set forth herein (provided that such location is reasonably convenient for you in your hometown area), or at such other location as may be mutually agreed upon by the parties, in accordance with the applicable procedural rules set forth in the then prevailing Comprehensive Arbitration Rules and Procedures of JAMS (“JAMS Rules and Procedures”), and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The JAMS Rules and Procedures are available at www.jamsadr.com or by calling (800) 352-5267. The arbitrator shall be selected pursuant to the JAMS Rules and Procedures. Alternatively, you may assert your claims in small claims court in accordance with the terms of these Terms if your claims qualify and so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis. The arbitrator shall apply New York law consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized at law. If you initiate arbitration against JBS, you will not be responsible for professional fees for the arbitrator’s services or any other JAMS fees. If Bear Givers or Nevertoolatetostartconference.com initiates arbitration against you, We will pay for the arbitrator’s services and any other JAMS fees associated with the arbitration. In the event that the claimant is able to demonstrate that the costs of arbitration will be cost- prohibitive or greater than the costs of litigation, we will pay as much of the claimant’s filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive or more expensive than the cost of litigation. If any part of this arbitration provision is deemed to be invalid, unenforceable or illegal (other than the condition that claims will not be arbitrated on a class or representative basis), or otherwise conflicts with the rules and procedures established by JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, the portion that is deemed invalid, unenforceable or illegal is that claims will not be arbitrated on a class or representative basis, then the entirety of this arbitration provision shall be null and void, and neither claimant nor Bear Givers shall be entitled to arbitrate their dispute. THE ARBITRATION OF DISPUTES PURSUANT TO THIS PARAGRAPH SHALL BE IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED. BY AGREEING TO THE ARBITRATION OF DISPUTES AS SET FORTH HEREIN, YOU AGREE THAT YOU ARE WAIVING YOUR RIGHT TO A JURY TRIAL AND LIMITING YOUR RIGHT TO APPEAL AND YOU UNDERSTAND THAT YOU ARE WAIVING YOUR RIGHTS TO OTHER AVAILABLE RESOLUTION PROCESSES, SUCH AS A COURT ACTION. DO NOT USE THE SITE OR ANY OF THE SERVICES PROVIDED ON THE SITE, OR PLACE AN ORDER OR MAKE A DONATION FROM THE SITE OR IF YOU DO NOT AGREE TO THE FOREGOING BINDING ARBITRATION PROVISIONS. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. YOU FURTHER AGREE THAT ANY DISPUTES, CLAIMS, AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE SITE, THE PRIVACY POLICY, AND/OR THESE TERMS WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION. Any disputes arising out of or relating to these Terms, the Privacy Policy, the Site, and/or Bear Givers shall be resolved in accordance with the laws of state of New York, without regard to its conflict of law rules. Any disputes, actions or proceedings relating to these Terms or your access to or use of the Site not subject to the arbitration provisions set forth herein must be brought in the Federal or state courts located in the state of New York and you irrevocably consent to the exclusive jurisdiction and venue of such courts. COPYRIGHT AND LIMITED LICENSE Unless otherwise indicated in the Site, the Site and all content and other materials on the Site, including, without limitation all trademarks, service marks, designs, texts, graphics, pictures, information, data, software, methods, inventions, sound files, other files and the selection and arrangement thereof (collectively, the “Site Materials”) are the proprietary property of Bear Givers, Nevertoolatetostartconference.com or JBS Financial Services network, licensors, or users and are protected by U.S. and international copyright, trademark, and other intellectual property laws. Permission is granted to access and use the Site and to display, copy, print and download the Site Materials for personal, non-commercial use only, in accordance with these Site Terms and the other rules and restrictions contained in the Site, provided you do not modify the Site Materials and that you retain all copyright, trademark, and other proprietary notices contained in the materials. In addition, you agree that such permission does not include: (a) any commercial use or any resale or redistribution of the Site or the Site Materials therein; (b) the collection and use of any product listings, pictures or descriptions; (c) the distribution, public performance or public display of any Site Materials, (d) making any derivative uses of the Site and the Site Materials, or any portion thereof; (e) use of any data mining, robots or similar data gathering or extraction methods; (f) downloading (other than the page caching) of any portion of the Site, the Site Materials or any information contained therein, except as expressly permitted on the Site; or (g) any use of the Site or the Site Materials other than for its intended purpose. The permission granted herein is revocable at any time, with or without cause. Except as expressly stated herein, none of the Site Materials may be copied, reproduced, distributed, republished, downloaded, displayed, posted, transmitted or otherwise used in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of Bear Givers or the copyright owner. The permission given to you terminates automatically if you breach any of the Terms and Conditions. Upon termination, you must immediately destroy any downloaded and printed materials. You also may not, without Bear Givers’ permission, “mirror” any material contained on this Site on any other server. Any unauthorized use of any material contained on this Site may violate applicable law (including copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes).

DISCLAIMER YOUR USE OF THIS SITE, THE SITE MATERIALS AND THE SERVICES PROVIDED ON OR THROUGH THE SITE (THE “SERVICES”) IS AT YOUR OWN RISK AND ARE PROVIDED “AS IS”, WITHOUT WARRANTIES OF ANY KIND. BEAR GIVERS DOES NOT REPRESENT OR WARRANT THAT THE SITE, THE SITE MATERIALS OR THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT THE SITE OR ITS SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD. BEAR GIVERS IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS. REFERENCE TO ANY PRODUCTS, SERVICES, PROGRAMS OR OTHER INFORMATION, BY TRADE NAME, TRADEMARK, MANUFACTURER, SUPPLIER OR OTHERWISE DOES NOT CONSTITUTE OR IMPLY ENDORSEMENT, SPONSORSHIP OR RECOMMENDATION THEREOF, OR ANY AFFILIATION THEREWITH, BY BEAR GIVERS OR JBS. TO THE FULLEST EXTENT ALLOWED BY THE LAW, BEAR GIVERS EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, CONDITIONS AND OTHER TERMS EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT OF THIRD PARTIES’ RIGHTS AND FITNESS FOR PARTICULAR PURPOSE. LIMITATION OF LIABILITY IN NO EVENT SHALL BEAR GIVERS, ANY OTHER PARTY (WHETHER OR NOT INVOLVED IN CREATING, PRODUCING, MAINTAINING OR DELIVERING THE SITE), AND/OR THE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS OR AGENTS OF ANY OF THEM, BE LIABLE FOR ANY DIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, LOSS OF USE, LOSS OF INCOME, LOSS OF ACTUAL OR ANTICIPATED PROFITS, LOSS OF BUSINESS, LOSS OF CONTRACTS, LOSS OF GOODWILL OR REPUTATION, LOSS OF ANTICIPATED SAVINGS, LOSS OF, DAMAGE TO OR CORRUPTION OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE, THE SERVICES, THE CONTENT OR THE MATERIALS CONTAINED IN OR ACCESSED THROUGH THE SITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CASED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM BEAR GIVERS, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO JBS’ RECORDS, PROGRAMS OR SERVICES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF BEAR GIVERS, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF THE SITE EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO BEAR GIVERS FOR ACCESS TO OR USE OF THE SITE. WAIVER No failure of Bear Givers or JBS to enforce any of its rights or remedies under these Terms will act as a waiver of such rights and remedies. A waiver by us of any default shall not constitute a waiver of any subsequent default. No waiver by us of any of these Terms shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with the provisions of the clause above. SEVERABILITY If any of these Terms or any provisions of an order or donation are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law. ENTIRE AGREEMENT These Terms and any document expressly referred to in them represent the entire agreement between you and us in relation to the subject matter of these Terms and supersede any prior agreement, understanding or arrangement between you and us, whether oral or in writing. Both you and us acknowledge that, in entering into these Terms, neither you nor us has relied on any representation, undertaking or promise given by the other or implied from anything said or written in negotiations between you and us prior to such Terms, except as expressly stated in these Terms. OUR RIGHT TO MODIFY THESE TERMS We have the right to revise and amend these Terms at any time. Your use of the Site after we post changes to these Terms constitutes your agreement to those changes prospectively from the date of such changes. You will be subject to the Terms and BG policies in force at the time that you make a donation or order products from us. QUESTIONS AND FEEDBACK We welcome your questions, comments and feedback. Please send all questions, comments and feedback to us via the contact information provided on our “Contact Us” webpage. JBS Financial Services 575 Madison Avenue, 9th Floor, 10022 NEW YORK, NY Last updated June 2019