BAC Meter - Terms and Conditions

Important Disclaimer and Assumption of Risks

Warning: It is never safe to drink and drive. BAC Meter products are personal screening devices that provide an estimate of your Blood Alcohol Concentration (BAC) for informational purposes only. The accuracy of this estimate depends on many variables, including your physical makeup, recent food and alcohol consumption, and environmental conditions.

DO NOT USE THIS PRODUCT TO DECIDE IF YOU SHOULD DRIVE. You agree not to use or rely on the results from any BAC Meter product to determine whether it is safe or legal for you to operate a motor vehicle or other equipment. Relying solely on its reading to establish legal sobriety is a misuse of the product. All decisions and actions you take based on the results from a BAC Meter device are done entirely at your own risk.

Medical Disclaimer

The BAC Meter device, app, and website provide information for educational purposes only and do not constitute medical advice. We are not a licensed medical provider and have no expertise in diagnosing or treating medical conditions. This information is not a substitute for the relationship between you and your physician.

Do not rely on our information to make health-related decisions. Always consult a qualified healthcare professional regarding your specific health, medical conditions, and to understand how alcohol may affect you. Your reliance on any information we provide is solely at your own risk.

1. Your Agreement with BAC Meter

These Terms of Service ("Terms") create a binding legal agreement between you and BAC Meter ("BAC Meter," "we," "us"). These Terms govern your use of the "Service," which collectively includes all of our products and services, such as our alcohol detection devices and monitors ("BAC Meter Devices"), our mobile applications, and our websites. "You" includes anyone who accesses or uses the Service, such as customers, visitors, or test subjects. "BAC Meter" refers to BAC Meter, located at 301 E US HWY 83 STE 99

McAllen, TX 78501, and its corporate Affiliates.

1.2. Our Privacy Policy

Your use of the Service is also governed by our Privacy Policy, which is incorporated into these Terms by reference. You can read it at BACmeter.com. Where applicable, your use is also subject to a Biometric Notice. We encourage you to review these documents carefully as they describe how we collect and use your data. By using the Service, you accept these Terms of Service and consent to the collection, use, and storage of your information as outlined in our Privacy Policy.

1.3. Updates to Terms and Policies

We reserve the right to change these Terms of Service and our Privacy Policy at any time. We will post the amended terms on our website or within the Service. By continuing to use the Service after changes are posted, you accept the new terms. Updated terms are effective immediately upon posting or notification. If you do not agree to the new terms, you must immediately stop using the Service, as your license to use it will be terminated. If there is a conflict between these Terms and other BAC Meter policies, these Terms and the Privacy Policy will govern.Other than the updates we may make by posting new terms as described above, this agreement may only be amended by a written document signed by an authorized representative of BAC Meter. Emails or other electronic communications from you cannot amend these Terms.

1.4. Your License to Use the Service

Subject to your full compliance with these Terms and our Privacy Policy, we grant you a limited, non-exclusive, non-transferable, and revocable license. This license permits you to access and use the Service on a supported device for your own personal, non-commercial use only. This right is further limited by the restrictions in Sections 1.5-1.11 and by the terms of any subscription you purchase. You agree not to use the Service for any other purpose.

1.5. Accessing the Service

By using the Service, you agree to these Terms and our Privacy Policy. You may be required to create an Account with us or use an account from a social network or your mobile device's app store. If you are under 18, you confirm that your legal guardian has agreed to these Terms. You also warrant that you are not prohibited from receiving U.S. products. You are responsible for providing all necessary equipment, such as a compatible BAC Meter Device and a mobile phone, and for paying all associated fees, like internet or mobile data charges.

1.6. Use Restrictions and Prohibited Conduct

To maintain a safe and reliable Service, you agree that you will not engage in, or attempt to engage in, any of the following prohibited activities:

a. Account Integrity

Create more than one Account for yourself.
Create an Account using a false identity or information, or on behalf of someone other than yourself.
Sublicense, rent, lease, sell, trade, gift, or otherwise transfer your Account to anyone without our express written permission.
Access or use an Account that has been transferred from its original creator without our permission.

b. User Eligibility and Responsibility

Create an Account or access the Service if you are under the age of 18.
Create an Account or use the Service if you are a convicted sex offender.
Create an Account or use the Service if you have previously been removed or banned by BAC Meter.
Use the Service if you are located in a country embargoed by the United States or are on the U.S. Treasury Department’s list of Specially Designated Nationals.
As the Account holder, you are responsible for monitoring your Account to restrict use by minors. You accept full responsibility for any unauthorized use of the Service by minors and for any use of your payment methods by minors.

c. Prohibited Commercial and Illegal Use

Use your Account or the Service for any commercial purpose.
Use the Service to advertise, solicit, or transmit commercial advertisements, including chain letters, junk email, or repetitive messages (spam).
Reproduce, sell, resell, or otherwise exploit any part of the Service without our express written permission.
Use the Service for any illegal purpose or in any way that violates local, state, national, or international laws.

d. System Integrity

Disable, hack, circumvent, or otherwise interfere with any security features of the Service, any BAC Meter Device, or our applications.
If you connect to the Service via a Social Networking Service (SNS), you must comply with their terms of service in addition to ours.

1.7. Account Information

When creating or updating your Account, you agree to provide us with accurate and complete personal information (like your name, email, and payment info) and to keep it up-to-date. This information is handled according to our Privacy Policy and may be shared with Third Party Associates from time to time.

1.8. Username and Password Security

You are responsible for maintaining the confidentiality of your account password and Login Information. Do not share your account or password with anyone. If you suspect any security breach, such as theft or unauthorized use of your account, you must immediately notify BAC Meter and change your password. You are solely responsible for all uses of your Login Information and for anything that happens through your Account, whether or not authorized by you. We reserve the right to remove or reclaim any username at our discretion, especially in cases of third-party rights claims.

1.9. License Limitations and Prohibited Use

Any use of the Service that violates these rules is strictly prohibited and can result in the immediate revocation of your license. Any attempt to disrupt or interfere with the Service is a violation of our policy and may also violate civil and criminal laws.

To protect the Service and our community, you agree that you will not, under any circumstances, do any of the following:

a. General Misconduct

Engage in any act that we deem to be in conflict with the spirit or intent of the Service, including manipulating these Terms.
Make improper use of our support services, such as by submitting false reports or using abusive language with our staff.
Use the Service to violate any applicable law or regulation, or encourage others to do so.

b. Technical Abuse and System Interference

Use or design cheats, exploits, bots, hacks, mods, or any other unauthorized third-party software to modify or interfere with the Service.
Modify any files that are part of the Service without our express written consent.
Disrupt or overburden our servers or attack the Service (e.g., through denial-of-service attacks or distributing viruses).
Attempt to gain unauthorized access to the Service, user Accounts, servers, or networks connected to the Service.
Interfere with the proper functioning of the Service or connect to it in any way not expressly permitted by these Terms.
Use any automated system or take any action that places an unreasonable load on our infrastructure.
Bypass any robot exclusion headers or use any software to scrape, spider, or crawl the Service to harvest or manipulate data.

c. Prohibited Content and User Conduct

Post any information that is abusive, threatening, obscene, defamatory, libelous, or otherwise offensive.
Post content containing nudity, excessive violence, or links to such content.
Harass, abuse, harm, or advocate for the harassment or harm of another person or group, including our employees.
Impersonate any other person, including a BAC Meter employee.

d. Intellectual Property and Data Misuse

Post any material that infringes on someone else's copyright, trademark, patent, trade secret, or other rights.
Except where permitted by law or open-source licenses, reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Service.
Copy, modify, or distribute any content or intellectual property from the Service without our express permission.
Use any unauthorized software to access, intercept, or "mine" information from or through the Service.
Collect, harvest, or post anyone’s private information (including personal, financial, or identification data) through the Service.
Solicit personal information from other users.

e. Unauthorized Commercial Activity

Use the Service for any commercial purpose, including communicating or facilitating any commercial advertisement or solicitation, without our express written consent.
Transmit unauthorized communications like junk mail, chain letters, or spam.

1.10. Suspension and Termination

a. Our Right to Suspend or Terminate Your Account.

We reserve the right to limit, suspend, modify, or terminate your Account or your access to the Service (or parts of it) at our sole discretion, with or without notice to you. Reasons for termination or suspension may include, but are not limited to:

If you are failing to comply with these Terms of Service;
For any actual or suspected illegal or improper use of the Service;
If we believe you are creating risk or potential legal liabilities for us;
If we believe you are infringing on the intellectual property rights of third parties; or
If you are acting inconsistently with the letter or spirit of our policies.

b. Consequences of Termination.

If your Account is terminated or suspended, you may lose your username and any benefits, privileges, or items associated with your Account. BAC Meter has no obligation to compensate you for any such losses. Termination can also include disabling your access to any part of the Service, including any content you or others have submitted.

c. Repeat Infringers.

In appropriate circumstances and at our sole discretion, we may terminate the accounts of users who are determined to be repeat infringers of third-party intellectual property rights.

d. Discontinuation of the Service.

We reserve the right to stop offering or supporting the Service, or a part of the Service, at any time, either permanently or temporarily. If this occurs, your license to use the Service (or the affected part) will be automatically terminated or suspended. We are not required to provide refunds, benefits, or other compensation to you in connection with a discontinued Service.

e. Your Right to Cancel.

You may cancel your Account at any time by contacting us at support@bacmeter.com, or calling us directly.

2. Use restrictions and Prohibited Conduct

a. Ownership of the Service.

The Service—including all its underlying software, computer code, designs, artwork, audio-visual effects, documentation, and other components—is the copyrighted property of BAC Meter. We reserve all rights in connection with the Service, including all intellectual property rights and other proprietary rights. You are only granted a limited license to use the Service as described in these Terms; you do not acquire any ownership rights.

b. Ownership of Your Account.

You do not own the Account you create on our Service. You acknowledge and agree that you have no ownership or other property interest in your Account. All rights in and to your Account are and shall forever be owned by and belong to BAC Meter. We reserve the right to terminate any Account that has been inactive for 180 days or more, in addition to our other termination rights under these Terms.

c. Your User Content.

This is the most detailed section, so we'll break it down further.

1. What is "User Content"?
"User Content" means any data, communications, images, text, and other material that you or other users upload or transmit through the Service.
2. Your Responsibilities for Your Content.
By submitting any User Content, you represent and warrant that:
The content is accurate and not confidential;
You have permission from any third party whose personal information or intellectual property is included in the content;
The content does not violate any laws or third-party rights; and
The content is free of viruses, spyware, or other malicious code.
Any personal information within your User Content will be handled in accordance with our Privacy Policy.
3. Your Ownership and the License You Grant Us.
You retain ownership of your User Content. However, to operate and improve the Service, you grant us a broad license to use it. You hereby grant BAC Meter a perpetual, irrevocable, worldwide, royalty-free, fully paid-up, non-exclusive license to use your User Content.

This license allows us to copy, modify, adapt, distribute, publish, display, perform, and otherwise use your User Content and any derivative works we create from it, solely in connection with providing, operating, and promoting the Service. This includes the right to sublicense these rights to our partners and service providers. To the extent permitted by law, you waive any "moral rights" you may have in your User Content.

4. Ending the License and Deleting Your Content.
The license you grant us for your User Content generally ends when you delete that content or close your Account. However, please be aware of these important exceptions:
The license does not end for content you shared with us, or others if they have not deleted it.
We may be required to retain certain content to comply with legal obligations, resolve disputes, or for other essential business purposes.

It is BAC Meter’s policy to delete individually identifiable User Content within 180 days after an account is closed, subject to the exceptions above.

2.1. Content Screening and Monitoring

a. Your Responsibility. You are solely and entirely responsible for all User Content that you post, upload, or transmit through the Service.

b. Our Right to Monitor (But No Obligation).

We are not responsible for the conduct of our users or for the content they submit. We have no obligation to monitor the Service for inappropriate or illegal content.

However, we reserve the right to do so at our sole discretion. If we choose to monitor, we have the right to:

Edit, refuse to post, or remove any User Content for any reason.
Monitor and/or record your interactions and communications within the Service (such as chat text or other messages).

Our decision to monitor the Service at any time does not create an obligation for us to continue doing so in the future.

c. Your Consent to Monitoring.

By accepting these Terms of Service, you provide your irrevocable consent to such monitoring and recording.

2.2. Public Content and Unsolicited Ideas

a. Public Forums are Public. The Service may include public-facing forums, blogs, or chat features. Please be aware that any User Content you post in these areas can be seen, copied, and used by other members.

b. Protect Your Confidential Information. Do not post any idea or information that you wish to keep confidential or that you do not want others to use. We cannot guarantee how others will use the information you share, and we are not responsible if they misuse or misappropriate it.

c. Our Policy on Unsolicited Ideas ("Submissions"). If you choose to submit suggestions, proposals, comments, or other materials ("Submissions") to us, you understand and agree that:

We have no obligation to keep your Submissions confidential.
We have no obligation to respond to or return your Submissions.
We may use your Submissions for any purpose, in any way, without notice or compensation to you.

2.3. Your Responsibilities for Your Content

You are solely responsible for the User Content that you post on or through the Service and provide to others. By posting, you agree that your content will adhere to the following standards:

Third-Party Rights: It will not violate any right of any third party, including copyright, trademark, privacy, or other personal or proprietary rights.
Lawful Content: It will not be libelous, unlawful, abusive, or obscene.
System Integrity: It will not contain any computer virus or other malware that could affect the operation of the Service.
Honest Representation: You will not use a false email address, pretend to be someone else, or otherwise mislead us or others about the origin of your content.

2.4. Our Rights Regarding User Content

While you are responsible for your content, we reserve the following rights:

a. Right to Manage Content. We have the right, but not the obligation, to monitor, reject, refuse to post, or delete any User Content at our sole discretion, for any reason, including for content that we believe violates these Terms.

b. Reporting Misuse. Other users may post content that violates these terms. We assume no responsibility or liability for this material. If you become aware of any misuse of the Service by another person, please report it to us through our customer support channels.

c. Storage Limits. We reserve the right to limit the storage capacity for User Content you post on the Service.

2.5. Disclosure

While we have no obligation to monitor User Content, we may access, monitor, and disclose your information for specific reasons. This information can include your personal details, IP addresses, location data, Blood Alcohol Concentration (BAC) data, and the contents of your communications (such as chat text).

We may disclose this information when we have a good faith belief that it is necessary to:

Comply with Legal Obligations. Respond to legal process such as a court order, search warrant, or subpoena.
Adhere to Applicable Law. Satisfy any applicable laws or regulations.
Prevent Criminal Activity. Report suspected criminal activity or exchange information with other organizations for fraud protection and credit risk reduction, if we believe the Service is being used in the commission of a crime.
Respond to Emergencies. Address an emergency that we believe poses a threat to the health or safety of you, another person, or the public.
Protect Our Rights. Protect the rights or property of BAC Meter, including to enforce our Terms of Service.

By accepting these Terms, you provide your irrevocable consent to such access, monitoring, and disclosure.

2.6. User Interactions

a. Your Responsibility for Disputes.

You are solely responsible for your interactions with other users of the Service and any other parties with whom you interact through the Service. We reserve the right, but have no obligation, to become involved in any way with these disputes.

b. Releasing BAC Meter from Disputes.

If you have a dispute with one or more users, you agree to release BAC Meter (and our officers, directors, agents, subsidiaries, joint ventures, and employees) from all claims, demands, and damages of every kind and nature, whether known or unknown, arising out of or in any way connected with such disputes. This includes, but is not limited to, damages for loss of profits, goodwill, use, or data.

3. Third-Party Materials

3.1. Third-Party Advertisements

You understand that the Service may display advertisements from us or from third-party companies. Our Privacy Policy explains what information may be collected or shared to make these advertisements relevant to you. We encourage you to read it for more details.

3.2. Links to Third-Party Sites

Our Service may provide links to third-party websites or vendors. You are solely responsible for any charges or obligations you incur in your dealings with these third parties. We do not endorse and are not responsible for these third-party sites, their content, their business practices, or their privacy policies. Linked sites are not under our control and may collect your data according to their own rules. We will not be liable for any claim arising from your use of any third-party content, goods, or services

3.3. Optional Third-Party Tools

a. Access to Tools.

We may provide you with access to optional third-party tools. We do not monitor, control, or have any input into these tools.

b. Provided "As Is" and Without Endorsement.

You acknowledge and agree that we provide access to such tools "as is" and "as available" without any warranties, representations, or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of these optional third-party tools.

c. Your Responsibility and Risk.

Any use you make of these optional tools is entirely at your own risk and discretion. It is your responsibility to review and approve the terms on which these tools are provided by the relevant third-party provider before using them.

3.4. Third-Party Disputes

Before engaging in any transaction with a third party, you are responsible for reviewing their policies and practices. Any complaints, claims, or questions regarding third-party products must be directed to the relevant third party. BAC Meter is not liable for any harm or damages arising from your dealings with third parties and will not get involved in such disputes.

4. Copyright Notices and DMCA Policy

It is BAC Meter’s policy to respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act (“DMCA”). We also reserve the right, at our sole discretion, to terminate the account of any user determined to be a "repeat infringer." We do not interfere with standard technical measures used by copyright owners to protect their materials.

5. Updates to the Service

You understand that the Service is an evolving one. We may require you to accept updates to continue using the Service, and you agree that we may update the Service with or without notifying you. However, BAC Meter is under no obligation to provide any updates. You are also responsible for updating any third-party software (like your phone's operating system) necessary to receive the Service.

6. Errors, Inaccuracies, and Omissions

a. Our Right to Correct and Cancel.

Occasionally, information on our site or in the Service may contain typographical errors, inaccuracies, or omissions. This can relate to product descriptions, pricing, promotions, shipping charges, transit times, and availability.

We reserve the right to:

Correct any errors, inaccuracies, or omissions.
Change or update information at any time without prior notice.
Cancel orders if any information in the Service or on a related website is inaccurate at the time of the order (including after you have submitted it).

b. No Obligation to Update.

We undertake no obligation to update, amend, or clarify information in the Service or on any related website, except as required by law. The absence of a specified update or refresh date should not be taken to mean that all information is current.

c. Promo Code Rules.

When using a promotional code, the following limitations apply:

One Per Customer: Promo codes are strictly limited to one use per customer. Creating multiple accounts or using different email addresses does not entitle you to use the same code again.
Product Limit: A single promo code can be applied to a maximum of one product per order. For bulk order contact us.

7. Disclaimers, Limitations, and Indemnification

7.1. Disclaimer of Warranties

a. Use of the Service is at Your Sole Risk.

You expressly agree that your use of the Service is at your sole risk.

b. The Service is Provided "As Is" and "As Available".

Except for the express Limited Manufacturer’s Warranty included with a physical BAC Meter Device, the Service is provided on an "as is" and "as available" basis for your use, without warranties of any kind, either express or implied. This includes, but is not limited to, the implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. (Some jurisdictions do not allow the exclusion of certain warranties; if you are in such a jurisdiction, these exclusions may not apply to you).

c. No Warranties from BAC Meter Parties.

Neither BAC Meter nor its affiliates, subsidiaries, directors, employees, agents, or licensors (collectively, the "BAC Meter Parties") warrant any of the following:

That the Service will be uninterrupted, timely, secure, or error-free.
That the results obtained from the use of the Service will be accurate or reliable.
That the quality of any products, services, or information obtained by you through the Service will meet your expectations.
That any errors in the Service will be corrected.

7.2. Limitations and Waivers of Liability

a. Limitation on Types of Damages.

To the fullest extent permitted by applicable law, you agree that the BAC Meter Parties shall not be liable for any indirect, incidental, special, exemplary, punitive, or consequential damages. This includes, but is not limited to, damages for loss of profits, goodwill, or data, arising from your use of, or inability to use, the Service. This applies to any cause of action, including breach of warranty, breach of contract, or tort (including negligence).

b. Liability for Third-Party Conduct.

You acknowledge that the BAC Meter Parties are not liable for the conduct of third parties, including other users of the Service or operators of external sites. The risk of injury from such third-party conduct rests entirely with you.

c. Monetary Cap on Liability.

To the extent permissible by law, under no circumstances will the BAC Meter Parties be liable to you for more than the amount you have paid to BAC Meter in the one hundred and eighty (180) days immediately preceding the date on which you first assert any such claim.

d. Your Sole Remedy if You Have Not Paid.

If you have not paid BAC Meter any amount in the one hundred and eighty (180) days immediately preceding the date you first assert a claim, you acknowledge and agree that your sole and exclusive remedy for any dispute with BAC Meter is to stop using the Service and cancel your Account.

e. Crucial Disclaimers and Your Assumption of Risk.

By using the Service, you acknowledge and expressly agree to the following, which are fundamental to this agreement:

Not Medical Advice. The Service does not provide medical advice and is not a substitute for a consultation with your physician or other qualified healthcare provider. You should never disregard professional medical advice because of information you received from the Service. If you have a medical emergency, call 911 immediately.
Does Not Measure Impairment. The Service provides an estimate of BAC. It does not and cannot determine the extent to which a person’s judgment or physical functioning is impaired by alcohol.
Accuracy is Not Guaranteed. Correlation between a breath reading and BAC depends on many variables (environmental, biological, etc.). A low reading does not mean you are safe to operate a vehicle or machinery.
Voluntary Assumption of Risk. You voluntarily assume all known and unknown risks associated with your actions and decisions based on the use of the Service, even if caused in whole or in part by the action or inaction of BAC Meter or others. This includes any risk of property damage, bodily injury, or death.
Misuse. We are not liable for any damages or consequences arising from any misuse of, tampering with, or failure to use the Service or any BAC Meter Device as directed.

f. Jurisdictional Rights.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation of liability for certain damages. Therefore, some of the limitations in this section may not apply to you. Nothing in these Terms shall affect the statutory rights of any consumer.

7.3. Indemnification

a. Your Agreement to Indemnify.

You agree to indemnify, defend, and hold the BAC Meter Parties harmless from any claims, losses, damages, liabilities, and expenses (including legal fees) that arise out of or are related to any of the following:

Your use or misuse of the Service.
Any User Content you create or transmit.
Any decisions you make based on the use of the Service (including the decision to operate a vehicle or machinery).
Your violation of these Terms of Service.
Any breach of the representations, warranties, and covenants you have made in this agreement.

b. Our Right to Control the Defense.

We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us. You agree to cooperate fully with our defense of these claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.

You agree that the provisions in this section 7 will survive any termination of your Account(s) or of the Service.

8. Dispute Resolution and Agreement to Binding Arbitration

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

To the extent permitted by applicable law, you and BAC Meter agree that any and all disputes, claims, or controversies arising out of or relating to the Service (each, a “Dispute”) will be resolved through the binding arbitration procedures described below.

8.1. Mandatory Informal Dispute Resolution

Before either you or BAC Meter can initiate arbitration, we both agree to first make a good-faith effort to resolve the Dispute informally. This informal dispute resolution process is a mandatory prerequisite to arbitration.

Step 1: Send a Written Notice of Dispute.

To begin the process, the initiating party must send a written "Notice of Dispute" to the other party.

Your Notice to Us must be sent to BAC Meter, Attn: LEGAL DEPARTMENT, 301 E US HWY 83 STE 99 McAllen, TX 78501.
Our Notice to You will be sent to the mailing address or email address associated with your Account.

The Notice of Dispute must include:

(a) Your full name, mailing address, telephone number, and the email address associated with your Account;

(b) The name, mailing address, telephone number, and email address of your legal counsel, if you are represented by one; and

Step 2: Participate in a 45-Day Resolution Period.

After the Notice is received, both parties will attempt to resolve the Dispute for a period of forty-five (45) days. During this time, either party may request an "Informal Dispute Resolution Conference" to be held by telephone or video.

Personal Participation is Required: If a conference is held, you must personally attend, even if you are represented by counsel. Your counsel may also participate.
Individualized Conferences: Each conference must be individualized. Multiple users cannot participate in the same conference, even if represented by the same law firm, unless all parties mutually agree.

Tolling of Statute of Limitations.

Any applicable statute of limitations will be paused for the duration of this informal dispute resolution process.

8.2. Binding Arbitration

a. Agreement to Arbitrate.

If the Dispute is not resolved through the informal process described in Section 8.1, you and BAC Meter agree to resolve the Dispute through final and binding arbitration.

b. Arbitration Administrator and Rules.

The arbitration will be administered by the American Arbitration Association (AAA) and will be governed by the AAA Rules, as modified by these Terms. The AAA Rules are available online at www.adr.org or by calling the AAA at 1-800-778-7879.

c. Location of Arbitration.

The arbitration will be conducted in the State of Texas, Hidalgo County. However, for claims under $100, you may choose to have the arbitration conducted by telephone, based on written submissions, as permitted by the AAA Rules.

d. Arbitrator's Authority.

The arbitrator, and not any federal, state, or local court or agency, will have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this agreement to arbitrate. This includes any claim that all or any part of this agreement is void or voidable.

e. Limitations on Arbitrator's Award.

The arbitrator will have no authority to award punitive, exemplary, or consequential damages. The arbitrator’s award will be final and binding, and judgment on the award may be entered in any court of competent jurisdiction.

8.3. Fees

The payment of all arbitration fees will be governed by the AAA Consumer Arbitration Rules. For any non-frivolous claim, BAC Meter will pay for necessary filing, administrative, and arbitrator fees for claims initiated. You are responsible for your own attorneys' fees unless otherwise required by law.

8.4. Confidentiality

You and BAC Meter agree that all aspects of any arbitration proceeding—including its existence, content, and results—shall be kept strictly confidential. Neither party will disclose information about the dispute to any third party, except as may be necessary to seek a preliminary court remedy, to challenge or enforce an arbitration award, or as otherwise required by law.

8.5. Enforceability and Forum Selection

If any part of this arbitration agreement (Section 8) is found to be unenforceable or inapplicable to a specific Dispute, that part will be severed, and the remainder of the arbitration agreement will be given full force and effect.

If the arbitration agreement is found to be entirely unenforceable for a given Dispute, then you and BAC Meter agree that any legal proceeding must be brought exclusively in the state or federal courts located in Texas. You hereby irrevocably consent to the personal jurisdiction and venue of these courts.

8.6. Mass Arbitration and Batching Procedures

To promote efficient resolution, if twenty-five (25) or more individual arbitration Requests of a substantially similar nature are filed against BAC Meter by or with the assistance of the same or coordinated law firms or organizations within a ninety (90) day period, you and BAC Meter agree that this "Mass Arbitration" provision will apply.

a. Batching of Claims.

The American Arbitration Association (AAA) will administer these claims in batches as follows:

Batch Size: Claims will be batched in groups of up to one hundred (100) Requests. If fewer than 100 claims remain, they will form a final batch.
Single Arbitration: Each batch will be treated as a single, consolidated arbitration with one appointed arbitrator.
Consolidated Process: Each batch will have one set of filing and administrative fees (payable per side), one procedural calendar, one hearing (if any), and one final award.

b. Defining "Substantially Similar".

Requests are considered "substantially similar" if they arise out of the same event or factual scenario and raise the same or similar legal issues and seek the same or similar relief.

c. Disputes Over Batching.

If there is a disagreement about whether this Mass Arbitration provision applies, a sole "Administrative Arbitrator," appointed by the AAA, will decide the issue. The Administrative Arbitrator's fees will be paid by BAC Meter.

d. Cooperation.

You and BAC Meter agree to cooperate in good faith with the AAA to implement this batching process efficiently. This may include appointing a discovery special master or adopting an expedited calendar.

e. No Class Arbitration.

This Mass Arbitration provision does not authorize any form of class, collective, or mass arbitration or action, except as expressly set forth in this section.

8.7. Your Right to Opt Out of Arbitration

a. The 30-Day Opt-Out Window.

You have the right to opt out of this binding arbitration agreement. You must do so within thirty (30) days of the date you first accept these Terms of Service. If you do not opt out within this period, you will be bound by the arbitration provisions in this Section 8.

b. How to Opt Out.

To opt out, you must send a written notification of your decision. Your notice must include:

Your full name.
The email address associated with your Account, if you have one.
The BAC Meter product you are using.
A clear statement that you wish to opt out of the arbitration agreement in these Terms of Service.

You must send this notice to us at one of the following addresses:

By Mail:

BAC Meter

Attn: LEGAL DEPARTMENT - ARBITRATION OPT-OUT

301 E US HWY 83 STE 99

McAllen, TX 78501

By Email:

OptOut@BACMeter.com

Include “ARBITRATION OPT-OUT” in the subject line.

c. Consequence of Opting Out.

If you successfully opt out of arbitration, any Disputes will be resolved in court as described in Section 8.5 (Enforceability and Forum Selection). Agree to no class action lawsuit.

d. Consequence of NOT Opting Out.

If you do not opt out, this arbitration agreement will govern all Disputes and will supersede any other arbitration agreement between us, including any such agreement in a lease or finance contract.

9. Severability

If any part of these Terms of Service or our Privacy Policy is found to be illegal or unenforceable, that part will be considered severed from the agreement. The rest of the Terms and Privacy Policy will remain in full force and effect.

10. General Provisions

10.1. Assignment

a. Our Right to Assign.

BAC Meter may assign or delegate its rights and obligations under these Terms of Service and our Privacy Policy, in whole or in part, to any person or entity at any time, with or without your consent.

b. Your Restrictions on Assignment.

You may not assign or delegate any of your rights or obligations under these Terms of Service or our Privacy Policy without first obtaining BAC Meter’s prior written consent. Any attempt by you to assign or delegate without our consent is void and will have no legal effect.

10.2. Supplemental Policies

From time to time, BAC Meter may publish additional policies related to specific services like mobile apps, forums, or contests. Your right to use such services is subject to those specific policies, which are incorporated into and become a part of these Terms of Service.

10.3. Entire Agreement

These Terms of Service, including our Privacy Policy and any other documents incorporated by reference, represent the entire agreement between you and BAC Meter. This agreement supersedes all prior understandings, whether electronic, oral, or written, or those established by custom or practice.

10.4. Governing Language

The official language of these Terms of Service, our Privacy Policy, and any other BAC Meter policies is English. While we may offer translated versions for your convenience, these are provided for informational purposes only and are not legally binding. In the case of any conflict in meaning or interpretation between the English version and a translation, the English version shall govern and control.

10.5. No Waiver

a. Failure to Enforce is Not a Waiver.

Any failure by BAC Meter to require or enforce your strict performance of any provision of these Terms or our Privacy Policy, or to exercise any right under them, shall not be construed as a waiver of our right to assert or rely upon that provision or right in that or any other instance.

b. Waivers Must Be in Writing.

Any waiver by BAC Meter of any provision, condition, or requirement of these Terms must be express and in writing, signed by a duly appointed officer of BAC Meter. Such an express waiver shall not constitute a waiver of any future obligation to comply with the same provision, condition, or requirement.

10.6. Notices

We may notify you via postings on our website or through the contact information you provide. All legal notices from you to us must be in writing and sent to: BAC Meter, Attn: LEGAL DEPARTMENT, 301 E US HWY 83 STE 99 McAllen, TX 78501. Any notice you send that does not comply with this requirement will have no legal effect.

10.7. Equitable Remedies

a. Our Right to Injunctive Relief.

You acknowledge that the rights you grant to BAC Meter under these Terms are unique and irreplaceable, and that any breach of your obligations would cause us irreparable harm that cannot be compensated by monetary damages alone. Therefore, you agree that BAC Meter is entitled to seek injunctive or other equitable relief (without the obligation to post a bond or prove actual damages) in the event of any breach or anticipated breach by you.

b. Your Waiver of Injunctive Relief.

You irrevocably waive any and all rights to seek injunctive or other equitable relief against BAC Meter, or to block or restrain the operation of the Service or the use of any advertising or other materials related to it. You agree that your sole remedy for any dispute is limited to a claim for monetary damages, subject to the limitations set forth in Section 7.2 (Limitation of Liability).

10.8. Force Majeure

BAC Meter shall not be liable for any delay or failure to perform resulting from unforeseen circumstances or causes beyond our reasonable control. This includes, without limitation, acts of God, war, terrorism, cyber-attacks, riots, pandemics, strikes, network infrastructure failures, or shortages of transportation, fuel, or materials etc.