III. Intellectual Property, Use of The Bear Fit the App; Other Rights.

 

• The Company owns and retains all proprietary rights in The Bear Fit the App, and in all content, trademarks, trade names, service marks and other intellectual property rights related thereto. The Bear Fit the App contain the copyrighted material, trademarks, and other proprietary information of the Company and its licensors. You agree to not copy, modify, transmit, distribute, create any derivative works from, make use of, or reproduce in any way any copyrighted material, trademarks, trade names, service marks, or other intellectual property or proprietary information accessible on The Bear Fit the App, without first obtaining the prior written consent of the Company or, if such property is not owned by the Company, the owner of such intellectual property or proprietary rights. You agree to not remove, obscure or otherwise alter any proprietary notices appearing on any content, including copyright, trademark and other intellectual property notices

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• The Bear Fit the App, the Company website(s), all mobile applications, and any other applications or software owned, published or made available by Company, the entire contents thereof, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, graphics, images, and the design, selection and arrangement thereof), are owned by the Company, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

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• These Terms of Use permit you to use The Bear Fit the App for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Website, except as follows:

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• Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials or to running an application that provides the service such as the Bear Fit mobile application.

• You may store files that are automatically cached by your Web browser for display enhancement purposes.

• You may print [or download] one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication or distribution.

• If we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.

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• You agree not to:

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1. Modify copies of any materials provided by the Company or accessible or through or provided by the Service or The Bear Fit the App.

2. Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from the Service or The Bear Fit the App.

3. Access or use for any commercial purposes any part of the Website or any services or materials available through the Website.

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• If you print, copy, modify, download or otherwise use or provide any other person with access to any part of The Bear Fit the App in breach of this Agreement, your right to use The Bear Fit the App will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to The Bear Fit the App or any content on The Bear Fit the App is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of The Bear Fit the App not expressly permitted by this Agreement is a breach of this Agreement and may violate copyright, trademark and other laws. Notwithstanding the existence of this Agreement or anything hereunder, the parties agree that the Company shall have the right to pursue claims against you for breach of contract, copyright, trademark and other intellectual propriety infringement claims and other claims simultaneously with a breach of contract claim the Company may and collect damages, at Company’s election for any such claims.

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• The Company name, the term Bear Fit the App (in standard characters and in all of its stylized forms), and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. You agree not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners.

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IV. Customer Service.

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The Company provides assistance and guidance through its customer care representatives. When communicating with our customer care representatives (whether over the telephone, or via email or letter), you agree to not be abusive, obscene, profane, offensive, sexist, threatening, harassing, racially offensive, or to not otherwise behave inappropriately. Telephone calls between you and our customer care representatives may be recorded for quality assurance purposes. If we feel that your behavior towards any of our customer care representatives or other employees is at any time threatening or offensive, we reserve the right to immediately terminate your membership and you will not be entitled to any refund of unused fees.

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V. Modifications to Service.

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The Company reserves the right at any time to modify or discontinue, temporarily or permanently, The Bear Fit the App (or any part, feature, add-on, or other part thereof) with or without notice. You agree that the Company shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service. 

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VI. Disclaimers.

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• You acknowledge and agree that neither the Company nor its affiliates and third party partners are responsible for and shall not have any liability, directly or indirectly, for any loss or damage, including personal injury or death, as a result of or alleged to be the result of (i) any incorrect or inaccurate Content posted on The Bear Fit the App, whether caused by the Company, users or Members, any third party, or any of the equipment or programming associated with or utilized in The Bear Fit the App; (ii) the timeliness, deletion or removal, incorrect delivery or failure to store any Content, communications or personalization settings; (iii) the conduct, whether online or offline, of any Member or user, or anyone that you met or with whom you became acquainted in whole or part as a result of The Bear Fit the App or otherwise with whom your connection is related to The Bear Fit the App; (iv) any error, omission or defect in, interruption, deletion, alteration, delay in operation or transmission, theft or destruction of, or unauthorized access to, any user or Member communications or content or personal information; or (v) any problems, failure or technical malfunction of any telephone network lines, cable lines, satellites or other communications systems or networks, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any Bear Fit App, including injury or damage to Members or to any other person's computer related to or resulting from participating or downloading materials in connection with the Internet and/or in connection with The Bear Fit the App, including but not limited to any malicious acts of others (e.g. “hackingâ€, viruses, trojan applications, etc.). TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, THE COMPANY PROVIDES The Bear Fit the App ON AN "AS IS" AND "AS AVAILABLE" BASIS AND GRANTS NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO Bear Fit the App (INCLUDING ALL CONTENT CONTAINED THEREIN), INCLUDING (WITHOUT LIMITATION) ANY IMPLIED WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. THE COMPANY DOES NOT REPRESENT OR WARRANT THAT The Bear Fit the App WILL BE UNINTERRUPTED OR ERROR FREE, SECURE OR THAT ANY DEFECTS OR ERRORS ON The Bear Fit the App WILL BE CORRECTED.

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• B. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF Bear Fit APP IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOU OR YOUR COMPUTER SYSTEM OR OTHER PROPERTY, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE, OR LOSS OR CORRUPTION OF DATA OR FILES THAT RESULTS OR MAY RESULT FROM THE DOWNLOAD OF ANY SUCH MATERIAL OR ANY USE OF Bear Fit APP. IF YOU DO NOT ACCEPT THIS LIMITATION OF LIABILITY, YOU ARE NOT AUTHORIZED TO DOWNLOAD OR OBTAIN ANY MATERIAL THROUGH Bear Fit APP OR USE The Bear Fit the App.

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• From time to time, the Company may make third party opinions, advice, statements, offers, or other third party information or content available on The Bear Fit the App otherwise to you by any other means. All third party content is the responsibility of the respective authors thereof and should not necessarily be relied upon. Such third party authors are solely responsible for such content. THE COMPANY DOES NOT: (I) GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY THIRD PARTY CONTENT ON The Bear Fit the App, OR (II) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY THAT APPEARS ON The Bear Fit the App OR COMMUNICATED TO YOU BY COMPANY. UNDER NO CIRCUMSTANCES WILL THE COMPANY OR ITS AFFILIATES BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE RESULTING FROM YOUR USE OR RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON The Bear Fit the App, PROVIDED TO YOU BY COMPANY, OR TRANSMITTED TO OR BY ANY MEMBERS.

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• In addition to the preceding paragraph and other provisions of this Agreement, any advice, information, suggestions, articles, or other content that may be posted on The Bear Fit the App or otherwise provided to you by the Company is for informational and entertainment purposes only and is not intended to replace or substitute for your own sound judgment or any professional financial, medical, legal, or other advice. The Company makes no representations or warranties and expressly disclaims any and all liability concerning any treatment, action by, or effect on any person using, relying on or following the information offered or provided within or through The Bear Fit the App or otherwise provided by the Company. If you have specific concerns or a situation arises in which you require legal, medical, psychiatric, financial, or other professional advice, including but not limited to safety advice, you should consult with an appropriately trained and qualified specialist.

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VII. Limitation on Liability.

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TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, BUSINESS PARTNERS, LICENSORS, ADVERTISERS, ADVISORS, ATTORNEYS, AGENTS, OFFICERS, DIRECTORS, TRUSTEES, MEMBERS, OWNERS, SHAREHOLDERS, PARTNERS, EMPLOYEES, CONTRACTORS OR SERVICE PROVIDERS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, RELIANCE, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, FOR PERSONAL INJURY OR INJURY TO PROPERTY OR ANY OTHER CLAIM SOUNDING IN THE NATURE OF TORT, BREACH OF AGREEMENT, BREACH OF INTELLECTUAL PROPERTY RIGHTS, CLAIMS IN THE NATURE OF PRIVACY OR INVASION OF PRIVACY, DEFAMATION, FALSE LIGHT, EMOTIONAL DISTRESS OR PUBLICITY, DAMAGES FOR LOSS OR CORRUPTION OF DATA OR PROGRAMS, SERVICE INTERRUPTIONS AND PROCUREMENT OF SUBSTITUTE SERVICES, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE COMPANY'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO THE COMPANY FOR THE SERVICE DURING THE TERM OF MEMBERSHIP. 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 Bear Fit the App OR THE TERMS OF THIS AGREEMENT MUST BE FILED WITHIN ONE YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.

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VIII. Arbitration and Governing Law.

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• The exclusive means of resolving any dispute or claim arising out of or relating to this Agreement (including any alleged breach thereof),, or The Bear Fit the App shall be BINDING ARBITRATION administered by the American Arbitration Association. You also warrant, represent and agree that you will not and may not under any circumstances commence or maintain against the Company any class action, class arbitration, or other representative action or proceeding and you acknowledge that the Company is relying on this provision, agreement, warranty and representation in connection with its decision to allow you to use The Bear Fit the App, and you therefore agree to fully indemnify Company for all damages, including attorney’s fees and any and all litigation costs and expenses incurred as a result of a breach hereof.

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• By using The Bear Fit the App in any manner, you agree to the above arbitration agreement. In doing so,YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and the Company.YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY. Both the Company and You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can (subject to the provisions and terms hereof), but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings and different rules and procedures may apply. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons. In the event of Arbitration, you agree that the following procedures (the “Arbitration Proceduresâ€) will apply:

 

1. Pre-Arbitration Dispute Resolution. Bear Fit App is interested in resolving any disputes amicably and efficiently. Therefore, before you file an arbitration proceeding, we suggest that you contact us to explain your complaint, so that we may attempt to resolve it without the need for arbitration. You may Contact Us online or at Bear Fit App by email at monkeyface0417@gmail.com

2. American Arbitration Association Administrator. The administrator for the arbitration is the American Arbitration Association (“AAAâ€), a non-profit organization that is not affiliated with Bear Fit App. The AAA facilitates, but does not itself conduct, the arbitration. The arbitrator who will hear and decide your dispute will be chosen from the AAA’s roster of neutral arbitrators. For information on the AAA, please visit its website, http://www.adr.org. Information about the AAA’s rules and fees for consumer disputes can be found at the AAA’s consumer arbitration page, http://www.adr.org/consumer_arbitration .

3. Applicable Rules. The arbitration will be governed by the AAA’s Commercial Arbitration Rules and it’s Consumer-Related Disputes Supplementary Procedures (together, the “AAA Rulesâ€), as modified by these Arbitration Procedures. If there is any inconsistency between the AAA Rules and these Arbitration Procedures, the Arbitration Procedures will control. However, if the arbitrator determines by clear and convincing evidence that strict application of the Arbitration Procedures would not result in a fundamentally fair arbitration, the arbitrator may make any order necessary to provide a fundamentally fair arbitration that is consistent with the AAA Rules.

4. Commencing an Arbitration. To commence an arbitration against Bear Fit App, you must complete a short form, submit it to the AAA, and send a copy by certified mail with return receipt to the Company at Attention Legal, using the official agent on file in connection with the official business records of company at the Ohio Secretary of State. See the AAA’s claim filing page, http://www.adr.org/fileacase. Upon receipt of an arbitration claim, the Company may assert any counterclaims and defenses it may have against the complaining party.

5. Fees. You are responsible for paying your portion of the fees set forth in the AAA’s fee schedule for consumer disputes. The Company will pay all remaining fees.

6. Selection of the Arbitrator. The parties, using the AAA’s standard procedures, will select a single arbitrator from a roster of neutrals prepared by the AAA.

7. Discovery. Each party may (a) request relevant, non-privileged documents from the other party; and (b) request that the other party provide the particulars of its claims or defenses. Any such discovery requests must be served on the other party within 10 days after the arbitrator’s appointment. The responding party shall provide the requesting party with all responsive, non-privileged documents, the requested particulars, and/or any objections to the requests within 15 days after receipt of the requests. Any disputes about discovery or requests for extensions shall be submitted promptly to the arbitrator for prompt resolution. In ruling on any discovery dispute or extension request, the arbitrator shall take into consideration the nature, amount, and scope of the underlying arbitration claim, the cost and other effort what would be involved in providing the requested discovery, the case schedule, and whether the requested discovery is necessary for the adequate preparation of a claim or defense. In addition, the Arbitrator shall take make special considerations with respect to the Company’s confidential information, trade secrets, and other non-public information and use all practical efforts to protect such information, including, if necessary, the use of a protective order and the designation of such material as “attorney’s eyes only.â€

8. Communications with the Arbitrator. Whenever communicating with the arbitrator, the parties must include each other – for example, by including the other party on a telephone conference call and copying the other party on any written submissions, such as letters or emails. To the extent practicable, conferences with the arbitrator will take place by telephone conference call or email. Ex parte communications are not permitted with any arbitrator.

9. Confidentiality. Upon either party’s request, the arbitrator will issue an order requiring that confidential information of either party disclosed during the arbitration (whether in documents or orally) may not be used or disclosed except in connection with the arbitration or a proceeding to enforce the arbitration award and that any permitted filing of confidential information must be done under seal.

10. Arbitration Award. The arbitrator will render a written decision within 14 days after the hearing or, if no hearing was held, within 30 days after any rebuttal or supplemental statements are due. The decision must clearly specify the relief, if any, awarded and contain a brief statement of the reasons for the award.

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• Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, shall be commenced in any court of competent jurisdiction located in Jefferson County, Kentucky and in the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against the Company must be commenced only in the federal or state courts located in Franklin County, Ohio. You hereby irrevocably consent to the jurisdiction of courts in Jefferson County, Kentucky for such purposes and waive any claim of forum non-convenes and all other jurisdictional claims or those related to venue.

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• This Agreement, and any dispute between you and the Company, shall be governed by the laws of the state of Kentucky without regard to principles of conflicts of law, provided that this arbitration agreement shall be governed by the Federal Arbitration Act.

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IX. Indemnity by You.

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You agree to indemnify and hold the Company, its subsidiaries, and affiliates, and its and their officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney's fees and all litigation costs and expenses incurred by Company in defense of any claim or demand, made by any third party due to or arising out of your breach of or failure to comply with this Agreement (including any breach of your representations and warranties contained herein), any statement, postings or Content that you make, post, transmit, publish or otherwise send or provide on or through The Bear Fit the App, and the violation of any law or regulation by you. The Company reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with the Company in connection therewith.

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X. Notices.

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The Company may provide you with notices, including those regarding changes to this Agreement, using any reasonable means now known or hereafter developed, including by email, regular mail, SMS, MMS, text message or postings on The Bear Fit the App. Such notices may not be received if you violate this Agreement by accessing the Service in an unauthorized manner. To be effective, all notices sent to you by Company pursuant to this Agreement shall be in writing and must be sent to .

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XI. Entire Agreement; Other.

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This Agreement, with the Privacy Policy other referenced or incorporated documents and any specific guidelines or rules referenced and incorporated herein that are separately posted for particular services or offers on The Bear Fit the App, contains the entire agreement between you and the Company regarding the use of The Bear Fit the App. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. The failure of the Company to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. You agree that any account that you establish through The Bear Fit the App is non-transferable and all of your rights to your profile or contents within your account terminate upon your death or otherwise when you no longer use The Bear Fit the App, violate this Agreement, commence an Arbitration or make any legal claims against the Company. No agency, partnership, joint venture or employment is created as a result of this Agreement and you may not make any representations or bind the Company in any manner.

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XII. Amendment.

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This Agreement is subject to change by the Company at any time. The revised terms will be effective upon posting on The Bear Fit the App after such posting will constitute acceptance by you of the revised Agreement.

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Please Contact Us with any questions regarding this agreement.