Governing Law & Dispute Resolution

BNB Accelerator Governing Law & Dispute Resolution

Last updated: 11/9/2025

This Governing Law & Dispute Resolution Policy (“Policy”) describes how BNB Accelerator LLC, a Montana limited liability company (“BNB Accelerator,” “we,” “us,” or “our”), handles disagreements, complaints, and legal claims between the company and any user, participant, or customer (“you,” “your,” or “participant”). By using our website, purchasing our services, or participating in any BNB Accelerator program, you agree to this Policy, which forms an integral part of our Terms of Use and all related agreements.

1. Purpose and Intent
The purpose of this Policy is to establish clear, fair, and efficient procedures for resolving disputes arising from your use of BNB Accelerator products, services, or website. Our goal is to prevent unnecessary litigation, encourage constructive dialogue, and maintain good-faith relationships between the company and its participants.

2. Governing Law
This Policy, and all related contracts or claims, shall be governed by and construed in accordance with the laws of the State of Montana, United States, without regard to conflict-of-law principles. This includes, but is not limited to, statutes and precedents governing contracts, arbitration, and electronic commerce.

If a dispute arises, both parties agree that Montana law will apply, regardless of the state or country in which you reside or from which you access BNB Accelerator’s services.

3. Agreement to Arbitrate
You and BNB Accelerator agree that any dispute, claim, or controversy arising from or relating to your use of our website, purchase of our services, participation in programs, or interpretation of our Terms shall be resolved exclusively and finally through binding arbitration rather than through court proceedings, except as otherwise provided below.

This agreement to arbitrate is intended to be broad and includes, without limitation, claims related to:
– Breach of contract or payment disputes.
– Allegations of misrepresentation or fraud.
– Claims arising under consumer protection or privacy statutes.
– Disputes regarding the validity or enforceability of these Terms or this Policy.

4. Federal Arbitration Act Applicability
The arbitration provisions in this Policy are governed by the Federal Arbitration Act (FAA), 9 U.S.C. §1 et seq., which provides the exclusive legal framework for enforcing arbitration agreements in the United States. This Policy shall be interpreted consistently with the FAA and applicable Montana arbitration statutes.

5. Arbitration Rules and Venue
The arbitration shall be conducted in accordance with the rules of the American Arbitration Association (AAA) or another mutually agreed-upon arbitration provider. Unless otherwise agreed, arbitration shall occur in the State of Montana, either in person or virtually via secure digital conference.

The arbitration will be presided over by a single, neutral arbitrator selected according to AAA procedures. The arbitrator shall have the exclusive authority to determine jurisdiction, interpretability, and enforceability of this Policy and the underlying agreement.

6. Procedures and Costs
Each party shall bear its own attorney’s fees and costs unless otherwise required by law. Arbitration filing fees and administrative costs will be shared equally unless the arbitrator determines otherwise. The arbitrator may award any relief available under applicable law, including damages and injunctive or declaratory relief, consistent with the limitations of liability outlined in our Terms of Use.

7. Informal Resolution Requirement
Before filing a formal arbitration demand, both parties agree to attempt in good faith to resolve the matter informally. Either party may initiate the informal resolution process by providing written notice to the other at the address listed in this Policy. The parties will then have thirty (30) days to negotiate or mediate the dispute informally. If the matter remains unresolved after this period, arbitration may proceed.

8. Class-Action and Collective-Action Waiver
You agree that all disputes will be conducted on an individual basis only. You expressly waive any right to participate in a class action, class arbitration, or representative proceeding against BNB Accelerator. The arbitrator may not consolidate claims of multiple parties or preside over any form of representative or class proceeding.

9. Small Claims Exception
Notwithstanding the arbitration requirement, either party may bring an individual claim in small claims court located in Montana if the dispute qualifies under that court’s jurisdictional limits, provided the matter remains within the small claims process and is not consolidated or transferred.

10. Equitable Relief
BNB Accelerator may seek injunctive or equitable relief in a court of competent jurisdiction in Montana to protect its intellectual property rights, confidential information, or goodwill. Such actions are not considered inconsistent with the arbitration provisions herein.

11. Time Limit to Bring Claims
To promote finality and certainty, both parties agree that any claim or cause of action arising out of or related to BNB Accelerator services must be filed within one (1) year of the event giving rise to the claim. Claims filed after this period are permanently barred.

12. Confidentiality of Arbitration
All arbitration proceedings, documents, and awards shall be kept strictly confidential by both parties, except as required by law or to enforce an arbitration award in court. The arbitrator shall have authority to issue protective orders to maintain confidentiality.

13. Severability of Arbitration Clause
If any portion of this arbitration provision is found unenforceable or invalid, the remaining provisions shall remain in full force and effect, and the unenforceable portion shall be severed to the extent necessary to preserve the intent of this Policy.

14. Opt-Out Option
You may opt out of this arbitration agreement by providing written notice to legal@bnbaccelerator.com within thirty (30) days of your first purchase or use of BNB Accelerator services. Opting out will not affect any other aspect of your relationship with the company.

15. Limitation of Remedies
Except as expressly provided under applicable law, the remedies available under arbitration are limited to actual damages. Punitive damages, consequential losses, or speculative claims are excluded to the fullest extent permitted by law.

16. Judicial Enforcement of Awards
Any arbitration award rendered may be confirmed and enforced by any court of competent jurisdiction in Montana. Judgment on the award shall have the same force and effect as a court-issued judgment.

17. Jurisdiction for Non-Arbitrable Matters
If any claim is not subject to arbitration under this Policy, both parties consent to exclusive jurisdiction and venue in the state and federal courts located in Montana for adjudication.

18. Attorney’s Fees
Except as otherwise required by law, each party shall bear its own attorney’s fees and costs arising from any dispute or arbitration proceeding. However, the prevailing party in any judicial action to enforce an arbitration award may recover reasonable attorney’s fees.

19. Notices and Communications
All notices related to disputes or arbitration shall be in writing and delivered by email and certified mail to the addresses below:

BNB Accelerator LLC
Email: legal@bnbaccelerator.com
Mailing Address: 2360 Hood Avenue, San Diego, CA, 92123

You must also provide a valid return email address and physical mailing address for receipt of notices.

20. Modification and Updates
BNB Accelerator reserves the right to update or amend this Governing Law & Dispute Resolution Policy to reflect legal developments or operational needs. The current version will always be posted on our website. Continued use of our services constitutes acceptance of any updated version.

21. Entire Agreement
This Policy, together with the Terms of Use, Privacy Policy, and associated Disclaimers, represents the entire agreement governing dispute resolution between you and BNB Accelerator. It supersedes all prior oral or written discussions concerning arbitration or jurisdiction.

22. Acknowledgment of Understanding
By using the BNB Accelerator website or services, you acknowledge that you have read, understood, and voluntarily agreed to the arbitration and dispute resolution terms described in this Policy. You affirm that you are waiving the right to a jury trial or to participate in a class action, and that you enter this agreement freely and knowingly.