Terms of Service
Last modified: November 16, 2024
Acceptance of the Terms of Service
These Terms of Service (the “Terms”) create a contract
between the user (“you”), and Fearless Innovation, LLC. (“Fearless”, “BingeBetter”, “we”, “us”). By using this application, website or
its related sub-domains (collectively, the “Site”), you signify your assent to
these Terms and that you intend to be bound by them. The Terms govern your use
of the Site, use of services accessible via the Site, use of our application
(the “App”), and use of our proprietary software (collectively, the
“Services”). If you do not agree to the Terms, you may not continue use of the
Services.
THESE TERMS CONTAIN A DISPUTE RESOLUTION AND ARBITRATION
PROVISION AND CLASS ACTION WAIVER. YOU MAY OPT OUT OF THE BINDING INDIVIDUAL
ARBITRATION AND CLASS ACTION WAIVER AS PROVIDED BELOW.
Changes to the Terms or Services
We may revise and update these Terms from time to time, in
our sole discretion. All changes are effective immediately when we post them
and apply to all access to and use of the site thereafter.
Your continued use of the Services following the posting of
revised Terms signifies your assent and intention to be bound. It is your
responsibility to check the
terms posted on our website frequently so that you are aware of any
changes, as they are binding upon you.
Medical Disclaimer
You should consult with your physician before use of the
Services to determine if use of the Services is right for you, especially if
you have preexisting conditions. If your physician advises you against using
the Services, you are prohibited from using the Services. Fearless will not be
liable for your failure to comply with these Terms. You acknowledge and agree
that you will consult your physician and respect the prohibition in these Terms
should your physician advise you against using the Fearless Services.
The information on this site is not intended or
implied to be a substitute for professional medical advice, diagnosis, or
treatment. All content, including text, graphics, images, and software
contained on or available through the Services is for general information and
support purposes only. The Services do not replace professional medical
treatment or diagnosis.
DO NOT DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY
SEEKING MEDICAL TREATMENT BECAUSE OF YOUR USE OF THESE SERVICES, OR SOMETHING
YOU HAVE READ ON OR ACCESSED THROUGH THESE SERVICES.
Eligibility
To use the Services, you must be at least 16 years of
age. If you are less than 16 years of age, you must have the permission
of your parent or guardian, and they must agree to these Terms. In
order to access portions of the Services, you may be asked to provide
certain registration details or other information. You agree that all
information you provide during registration is accurate, and that you are not
impersonating another person or using a false identity. You agree that all
information you provide to register with this Site or otherwise, including, but
not limited to, through the use of any interactive features on the Site, is
governed by our Privacy Policy (https://www.bingebetter.app/privacy)
and you consent to all actions we take with respect to your information
consistent with our Privacy Policy.
Accessing the Site and Account Security
We reserve the right to withdraw or amend the Services, and
any services or material we provide on the Site or through the App, in our sole
discretion without notice. We will not be liable if for any reason all or any
part of the Site or App is unavailable at any time or for any period. From time
to time, we may restrict access to some parts of the Site or App, or the
entirety of the Site or App, to users, including registered users.
You acknowledge that your account is personal to you and
you agree not to provide any other person with access to the Services or
portions of it using your username, password, or other security information. It
is your responsibility to keep your password confidential. It is your
responsibility to notify us immediately of any unauthorized access to or use of
your username or password or any other breach of security.
We have the right to disable any username, password, or
other identifier, whether chosen by you or provided by us, at any time in our
sole discretion for any or no reason, including if, in our opinion, you have
violated any provision of these Terms.
Subscriptions
Fearless’s Services may be
accessed in several ways. Fearless may offer access to the full Services for
free at our sole discretion, and may elect at any time to require
users to convert to a paid subscription to maintain access. At such time as Fearless
requires you to pay a fee to access the Services, we may elect to require you
to enroll in a free trial period that converts into a paid subscription,
or require you to immediately purchase a paid subscription to continue
access the services. During the free trial period, you may access the full
Services for a limited period of 7 or more days. After this free trial period
is over, you will be required to convert your free trial into a paid
subscription to continue accessing the Services for a fee.
If we require you to provide a payment method such as
a credit card to access the free trial, we will begin charging this payment
method for the monthly subscription fee at the end of your free trial period. Fearless
is not obligated to give you any additional notice that we will begin charging
the payment method at the end of the trial period, but we may elect to do so.
We will continue to bill this payment method on a monthly basis from
the day your subscription is first charged until you choose to cancel your
subscription. If you do not wish to pay for a subscription, it is your
responsibility to cancel your free trial before that period ends.
By choosing to begin a free trial or purchasing a paid
subscription directly, you authorize us to charge the current monthly
subscription rate to the payment method you provide, and to charge it on a
monthly basis thereafter on the calendar day that corresponds to your
first day of subscription. You acknowledge that the current monthly rate may
also vary due to promotional offers, code redemption, or a change in your
subscription level. You also authorize us to bill you for any other charges you
incur by your use of the Services.
We reserve the right to adjust the pricing of the Services
at any time at Fearless’s sole discretion. Changes in
your subscription price will begin to take effect in accordance with the time
frame that we outline in our notice to you.
You may cancel your subscription to the Services at any
time. After cancellation, you will remain able to access the Services through
the end of your monthly billing period, after which you will lose access.
Prohibited Uses
You may use the Website only for lawful purposes and in
accordance with these Terms. You agree not to use the Site or Services:
· In any way
that violates any applicable local, state, federal, or international law or
regulation (including, without limitation, any laws regarding the export of
data or software to and from the US or other countries).
· For the
purpose of exploiting, harming, or attempting to exploit or harm minors in
any way by exposing them to inappropriate content, asking for personally
identifiable information, or otherwise.
· To
decompile or reverse engineer the hardware, software, or any of the Services.
· To
impersonate or attempt to impersonate Fearless, a Fearless employee, or any
other person or entity.
· To engage
in any other conduct that restricts anyone’s use or enjoyment of the Services,
or which, as determined by us, may harm Fearless or users of the Services or
expose them to liability.
· To transmit
any unauthorized advertising or promotional material, solicitations, spam, or
bulk email.
· In any
manner that could disable, overburden, damage, or impair the site or interfere
with any other party’s use of the Website, including their ability to engage in
real time activities through the Website.
· Use any
robot, spider, or other automatic device, process, or means to access the
Website for any purpose, including monitoring or copying any of the material on
the Website.
· Use any
manual process to monitor or copy any of the material on the Website, or for
any other purpose not expressly authorized in these Terms of Service, without
our prior written consent.
· To attack
the Site via a denial-of-service attack or a distributed denial-of-service
attack, or introduce any viruses, Trojan horses, worms, logic bombs, or other
material that is malicious or technologically harmful.
· To attempt
to gain unauthorized access to, interfere with, damage, or disrupt any parts of
the Services, the server on which the Services are stored, or any server,
computer, or database connected to the Services.
· In any way
that otherwise interferes with the proper working of the Services.
Trademarks and Other Intellectual Property
The Fearless name, BingeBetter name,
and all related names, logos, product and service names, designs, and slogans
are trademarks of Fearless or its affiliates and licensors. You are not
permitted to use such marks without the prior written permission of Fearless.
All trademarks, logos, and service marks displayed on the website, are
registered and unregistered trademarks of Fearless, its affiliates, licensors,
content providers or other third parties. All of these trademarks,
logos and service marks are the property of their respective owners. You are
not permitted to use such marks without the prior written permission of Fearless,
or the owner of the marks. You acknowledge that Fearless’s
Services are comprised of content, software, and hardware that are protected by
trademarks, copyrights, trade secrets and patents owned by Fearless or its
licensors or affiliates. The Services and their content, including but not
limited to text, design, graphics, interfaces and code, are owned by Fearless
and its licensors, and protected by U.S. and international laws.
User Content
Fearless may elect at any time to provide users a way to
submit their own content including text, messages, photos, graphics, or other
materials (“User Content”). You understand and acknowledge that you are
responsible for any User Content you submit, and you, not Fearless, have full
responsibility for such content, including its legality, reliability, accuracy,
and appropriateness. We are not responsible or liable to any third party for
the content or accuracy of any User Content posted by you or any other user of
the Services. By posting User Content through the Services, you grant us and
our affiliates and service providers, and each of their and our respective
licensees, successors, and assigns the right to use, reproduce, modify,
perform, display, distribute, and otherwise disclose to third parties any such
material for any purpose.
Fearless may at any time refuse to post your User Content,
remove such content, or take any other action we deem necessary, such as
disclosing your identity to any third party who claims that material posted by
you violates their rights, including their intellectual property rights or
their right to privacy.
Your User Content must comply with the content standards we
provide below, and the prohibitions mentioned above in these Terms. User
Content must not:
· Contain any
material that is defamatory, obscene, indecent, abusive, offensive, harassing,
violent, hateful, inflammatory, deceitful, or otherwise objectionable.
· Promote
sexually explicit or pornographic material, violence, or discrimination based
on race, sex, religion, nationality, disability, sexual orientation, or age.
· Cause
annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass,
alarm, or annoy any other person.
· Infringe
any patent, trademark, trade secret, copyright, or other intellectual property
or other rights of any other person.
· Violate the
legal rights (including the rights of publicity and privacy) of others or
contain any material that could give rise to any civil or criminal liability
under applicable laws or regulations or that otherwise may be in conflict with
these Terms and our Privacy Policy (https://www.bingebetter.app/privacy)
· Promote any
illegal activity, or advocate, promote, or assist any unlawful act.
· Involve
commercial activities or sales, such as contests, sweepstakes, and other sales
promotions, barter, or advertising.
· Give the
impression that they emanate from or are endorsed by us or any other person
or entity, if this is not the case.
If your User Content does not comply with the standards
above, Fearless may elect to remove such content or enforce penalties on your
account, such as suspension or termination. We cannot, however, review all User
Content before it is posted on the Services. We assume no liability for any
action or inaction regarding the monitoring of User Content.
Copyright Infringement
Fearless respects the rights of copyright holders. If you
believe that any content on the Service violates your copyright, please send
the following information in a written request to hello@bingebetter.app so that we may
take whatever action we deem appropriate, including the removal of such content
from the Services:
· A physical
or electronic signature of the person authorized to act on behalf of the owner
of the copyright that is allegedly infringed.
· An
identification of the work you claim has been infringed.
· An
identification of the work you claim is infringing upon this copyright, with
such sufficient detail that we may locate the material.
· Information
that is sufficient to allow us to contact the complaining party such as
address, telephone number, and email address.
· A statement
that you have a good faith belief that use of the allegedly infringing material
in the manner you complain of is not authorized by the copyright owner, its
agent, or the law.
· A statement
that the information in the notification is accurate, and under penalty of
perjury, that the complaining party is authorized to act on behalf of the owner
of an exclusive right that is allegedly infringed.
It is the policy of the Company to terminate the user
accounts of users determined to be repeat infringers.
Links to Third Party Websites
If the Services contain links to other sites and resources
provided by third parties, these are provided for your convenience and
reference only. This includes links contained in advertisements, including
banner advertisements and sponsored links. We have no control over the contents
of those sites or resources, and accept no responsibility for them or
for any loss or damage that may arise from your use of them. If you decide to
access any of the third-party websites linked to by the Services, you do so entirely
at your own risk and subject to the terms and conditions of use for such
websites.
System Requirements
You are required to keep your devices and hardware updated
to the latest version of the software in order to continue using the
Services. If you are not updated to the latest release, you will be unable to
access the Services.
Assignment
Fearless may assign these Terms or any rights hereunder
without your consent. You acknowledge and agree that these Terms and the rules,
restrictions and policies contained herein are not intended to confer and do
not confer any rights or remedies upon any person other than you and Fearless.
You agree that you may not assign your rights under these Terms.
Jurisdiction
Fearless operates the Services from the United States, and
the Services are designed for use within the United States. Fearless makes no
representations that the Services or any of the content within them are
suitable for use outside of the United States. Any use or access of the
Services outside of the United States is done at your own risk, and you are
responsible for complying with any laws that may apply to you.
Governing Law
These Terms shall be governed by and construed in accordance
with the laws of the State of Delaware, and the obligations, rights and
remedies of the parties hereunder shall be determined in accordance with such
laws without giving effect to any choice or conflict of law provision. Any
legal action or proceeding arising under these Terms will be brought
exclusively in courts located in Delaware, and the parties hereby irrevocably
consent to the personal jurisdiction and venue therein.
Disputes and Arbitration
In the event that you have any dispute with Fearless,
we would like the chance to address your concerns in an informal manner that
will not require filing a legal case or bringing a claim in arbitration. You
agree that you will first attempt to resolve the dispute by contacting us
at hello@bingebetter.app. If we
cannot resolve the dispute within 60 days, you or Fearless may bring a formal
proceeding.
You and Fearless agree to resolve any claims
relating to these Terms or use of the Services, including disputes arising from
or concerning their interpretation, violation, invalidity, non-performance, or
termination, by final and binding arbitration under the Rules of Arbitration of
the American Arbitration Association.
This means that you and Fearless waive any rights you may
have to go to court and have a trial with a judge or jury.
Arbitration will be initiated through the American
Arbitration Association ("AAA"). In the event the AAA is not
available to arbitrate, the parties will select an alternative arbitral forum.
The rules of the arbitral forum will govern all aspects of this arbitration,
except to the extent those rules conflict with these Terms. The AAA Consumer
Arbitration Rules ("AAA Rules") governing the arbitration are
available online at www.adr.org or by calling the AAA at 1-800-778-7879. The
arbitration will be conducted by a single neutral arbitrator.
Your share of arbitration fees and arbitrator compensation
will be limited to those fees set forth in the AAA Rules with the remainder
paid by Fearless. If the arbitrator finds that either the substance of your
claim or the relief sought in the arbitration is frivolous or brought for an
improper purpose (as measured by the standards set forth in Federal Rule of
Civil Procedure 11(b)), then the payment of all fees will be governed by the
AAA Rules. In such case, you agree to reimburse Fearless for all money
previously disbursed by it that are otherwise your obligation to pay under the
AAA Rules. Regardless of the manner in which the arbitration is
conducted, the arbitrator shall issue a reasoned written decision sufficient to
explain the essential findings and conclusions on which the decision and award,
if any, are based. The arbitrator may make rulings and resolve disputes as to
the payment and reimbursement of fees or expenses at any time during the
proceeding and upon request from either party made within 14 days of the
arbitrator’s ruling on the merits.
The dispute will not be consolidated with any other matters
or joined with any other cases or parties. You may not bring a dispute
as part of a class. The arbitrator will have the authority to grant
motions dispositive of all or part of any claim or dispute. The arbitrator will
have the authority to award all remedies available under applicable law, the
arbitral forum's rules, and the Terms. The arbitrator has the same authority to
award relief on an individual basis that a judge in a court of law would have.
The award of the arbitrator is final and binding upon both you and Fearless.
Notwithstanding the information above, you may elect to
opt out of this arbitration agreement. To opt out, you must contact Fearless
within 30 days of your first being bound by these Terms. Your notice to us must
include your name, address, any contact information given when you registered
your account with Fearless, and must unequivocally state your
intention to opt out of the arbitration agreement. You must send your notice to
this address: hello@bingebetter.app
Notwithstanding the above, you or Fearless may bring a
lawsuit without engaging in the informal dispute resolution process or
arbitration process solely for injunction relief to stop abuse or unauthorized
use of the Services, or intellectual property infringement.
Disclaimer of Warranties
You understand that we cannot and do not guarantee or
warrant that files available for downloading from the internet or the
Services will be free of viruses or other destructive code. You are responsible
for implementing sufficient procedures and checkpoints to satisfy your particular
requirements for anti-virus protection and accuracy of data input and
output, and for maintaining a means external to our site for any reconstruction
of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE
FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK,
VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR
COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE
TO YOUR USE OF THE SERVICES OR ITEMS OBTAINED THROUGH THE SERIVCES OR TO YOUR
DOWNLOADING OF ANY MATERIAL POSTED ON THEM, OR ON ANY WEBSITE LINKED TO THEM.
YOUR USE OF THE SERVICES AND THEIR CONTENT, AND ITEMS
OBTAINED THROUGH THE SERVICES IS AT YOUR OWN RISK. THE SERVICES, THEIR CONTENT,
AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES ARE PROVIDED ON AN
"AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF
ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER FEARLESS NOR ANY PERSON ASSOCIATED
WITH FEARLESS MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE
COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE
SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER FEARLESS NOR ANYONE
ASSOCIATED WITH FEARLESS REPRESENTS OR WARRANTS THAT THE SERVICES, THEIR
CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL BE
ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE
CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF
VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SERVICES OR ITEMS OBTAINED
THROUGH THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, FEARLESS HEREBY
DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR
OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY,
NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT
AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation on Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL FEARLESS,
ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS,
OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL
THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE THE
SERVICES, ANY WEBSITES LINKED TO THEM, ANY CONTENT ON THE SERVICES OR SUCH
OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL,
CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL
INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF
PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF
GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE),
BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE
EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Indemnification
You agree to defend, indemnify, and hold harmless Fearless,
its affiliates, licensors, and service providers, and their respective
officers, directors, employees, contractors, agents, licensors, suppliers,
successors, and assigns from and against any claims, liabilities, damages,
judgments, awards, losses, costs, expenses, or fees (including reasonable
attorneys' fees) arising out of or relating to your violation of these Terms of
Service or your use of the Services, including, but not limited to, any use of
the Service's content, services, and products other than as expressly
authorized in these Terms, or your use of any information obtained from the
Services.
Waiver and Severability
No waiver by Fearless of any term or condition set out in
these Terms shall be deemed a further or continuing waiver of such term or
condition or a waiver of any other term or condition, and any failure of Fearless
to assert a right or provision under these Terms shall not constitute a waiver
of such right or provision. If any provision of these Terms of Service is held
by a court or other tribunal of competent jurisdiction to be invalid, illegal,
or unenforceable for any reason, such provision shall be eliminated or limited
to the minimum extent such that the remaining provisions of the Terms of
Service will continue in full force and effect.
Entire Agreement
The Terms of Service and our Privacy Policy constitute the
sole and entire agreement between you and Fearless regarding the Services and
supersede all prior and contemporaneous understandings, agreements,
representations, and warranties, both written and oral, regarding the Services.
Questions
In the case that you have any questions regarding these
Terms, please contact us at hello@bingebetter.app.