Updated October 5th, 2015
Welcome to BeastScore!
BeastScore LLC ("BeastScore," "We," "Us," "Our") provides its services (described below) to users of its services ("User(s)," "You," "Your") through its website located at BeastScore.com and its sub-domains (the "Site") and through its related mobile applications and services (collectively, such services, including any new features and applications, and the Site, the "Service(s)"), subject to the following Terms of Service (as amended from time to time, the "Terms of Service"). We reserve the right, at Our sole discretion, to change or modify these Terms of Service at any time. We will notify You of these changes, either through the Services user interface, in an email notification or through other reasonable means. Any such changes will become effective no earlier than fourteen (14) days after they are posted to this page, except that changes addressing new functions of the Services or changes made for legal reasons will be effective immediately. We will indicate at the top of this page the date these terms were last revised. Your continued use of the Services after any such changes constitutes Your acceptance of the new Terms of Service.
IF YOU DO NOT AGREE TO THE CURRENT TERMS OF SERVICE, THEN PLEASE DO NOT USE THIS SERVICE, SINCE YOUR USE OF THE SERVICE CONSTITUTES ACCEPTANCE OF ALL OF THE CURRENT TERMS OF SERVICE FOR ITS USE.
Access and Use of the Service
The BeastScore Service is designed to analyze personal data (including, without limitation, Your age, height and weight) and data from Your exercise activities (including, without limitation, Your personal records ("PRs"), workouts of the day ("WODs") and movements) that You input on the Site, to measure Your fitness level and ability level at various exercises. The personal and exercise activity data that You input into the Site is referred to herein as "Data." Your BeastScore is calculated based on Our proprietary, confidential BeastScore algorithm ("Algorithm").
WE RESERVE THE RIGHT AT ANY TIME, WITH OR WITHOUT NOTICE TO YOU, TO (A) MODIFY THE ALGORITHM, AND (B) MODIFY OR DISCONTINUE, TEMPORARILY OR PERMANENTLY, THE SERVICES, OR ANY PART THEREOF. YOU ACKNOWLEDGE THAT SUCH MODIFICATIONS TO THE ALGORITHM AND/OR THE SERVICES MAY RESULT IN CHANGES TO YOUR BEASTSCORE AND OTHER BEASTSCORE DATA. YOU AGREE THAT BEASTSCORE WILL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY MODIFICATION OF THE ALGORITHM OR BEASTSCORE DATA, OR ANY MODIFICATION, SUSPENSION OR DISCONTINUANCE OF THE SERVICES.
BeastScore does not analyze Your non-public Data unless You give Us explicit permission to do so (such as when You log into the Service and input Data on the Site). If You are not a user of our Service and wish to opt-out of communications, please click here: http://beastscore.com/optout. If You are a registered user of the Service and wish to change email preferences or close Your account, please click here: http://beastscore.com/account-settings.
Your Registration Obligations
IF YOU ARE UNDER 13 YEARS OF AGE, YOU ARE NOT AUTHORIZED TO USE THE SERVICES, WITH OR WITHOUT REGISTERING.
IF YOU ARE UNDER 18 YEARS OLD, YOU MAY USE THE SERVICES, WITH OR WITHOUT REGISTERING, ONLY WITH THE APPROVAL OF YOUR PARENT OR GUARDIAN.
Registered Account, Password and Security
You are responsible for maintaining the confidentiality of Your password and account, if any, and are fully responsible for any and all activities that occur under Your password or account. You agree to (a) immediately notify BeastScore of any unauthorized use of Your password or account or any other breach of security, and (b) ensure that You log out from Your account at the end of each session when accessing the Services. BeastScore will not be liable for any loss or damage arising from Your failure to comply with this Section.
General Practices Regarding Use and Storage
You acknowledge that BeastScore may establish general practices and limits concerning use of the Services, including without limitation the maximum period of time that BeastScores, Data or other content will be retained by the Services and the maximum storage space that will be allotted on BeastScore's servers on Your behalf. You agree that BeastScore has no responsibility or liability for the deletion or failure to store any Data or other content maintained or uploaded by the Services. You acknowledge that BeastScore reserves the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that BeastScore reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
The Service includes certain services that are available via a mobile device, including the ability to browse the Service and the Site from a mobile device (collectively, the "Mobile Services"). To the extent You access the Service through a mobile device, Your wireless service carrier's standard charges, data rates and other fees may apply. In addition, accessing or using certain Mobile Services may be prohibited or restricted by Your carrier, and not all Mobile Services may work with all carriers or devices. By using the Mobile Services, You agree that We may communicate with You regarding BeastScore and other entities by notifications, text message or other electronic means to Your mobile device and that certain information about Your usage of the Mobile Services may be communicated to Us.
You are solely responsible for all photographs, video, images, information, data, text, software, music, sound, graphics, messages or other materials ("Content") that You upload, post, publish, display, email or otherwise use ("Upload") via the Service. BeastScore reserves the right to investigate and take appropriate legal action against anyone who, in BeastScore's sole discretion, violates this provision, including without limitation, removing the offending Content from the Service, suspending or terminating the Account of such violator(s) without prior notice and without any right of refund, set-off or a hearing, and reporting the violator(s) to law enforcement authorities. You agree to not use the Service to:
(1) Upload any Content that:
(i) infringes on the intellectual property or other proprietary rights of any party;
(ii) You do not have a right to Upload under any law or under contractual or fiduciary relationships;
(iii) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
(iv) poses or creates a privacy or security risk to any person;
(v) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, "junk mail," "spam," "chain letters," "pyramid schemes," "contests," "sweepstakes," or any other form of solicitation;
(vi) is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another's privacy and/or denigrating to any person's and/or group's race, ethnicity, gender, religious affiliation and/or sexual orientation;
(vii) restricts or inhibits any other person from using or enjoying the Service, or which may expose BeastScore or its users to any harm or liability of any type; or
(viii) is objectionable in the sole discretion of BeastScore;
(2) interfere with or disrupt the Service, servers or networks connected to the Service;
(3) disobey any requirements, procedures, policies or regulations of networks connected to the Service;
(4) violate any applicable local, state, national or international law, or any regulations having the force of law;
(5) impersonate any person or entity, or misrepresent Your affiliation with a person or entity (this includes not using anyone else's username and/or password to access the Service);
(6) solicit personal information from anyone under the age of 18;
(7) obtain email addresses or other contact information from other users of the Service for the purposes of sending those users unsolicited communications;
(8) advertise or offer to sell or buy any goods or services for any business purpose that is not specifically authorized by BeastScore;
(9) further or promote any criminal activity or enterprise or provide instructional information about illegal activities;
(10) access, obtain or attempt to access or obtain any materials or information from or via the Service not intentionally made available or provided for through the Service;
(11) create Account(s) under any false or fraudulent pretenses (including by automated means); or
(12) state or imply that any of Your submitted and or posted Content is endorsed by BeastScore.
To the extent the Services or any portion thereof is made available for any fee, You may be required to select a payment plan and provide BeastScore information regarding Your credit card or other payment instrument. You represent and warrant to BeastScore that such information is true and that You are authorized to use the payment instrument. We reserve the right to change BeastScore's prices at any time.
We are not able to provide any refunds, partial or full, for any transaction.
Software (defined below) available in connection with the Services and the transmission of applicable data, if any, is subject to United States export controls. No Software may be downloaded from the Services or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at Your sole risk. Recognizing the global nature of the Internet, You agree to comply with all local rules and laws regarding Your use of the Services, including as it concerns online conduct and acceptable content.
Unless otherwise expressly authorized by BeastScore or within the Services, You agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer or upload for any commercial purposes, any portion of the Services, use of the Services or access to the Services. Unless otherwise expressly agreed by BeastScore, the Services are for Your personal use.
Intellectual Property Rights
You acknowledge and agree that the Services may contain content ("Service Content") that is protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by BeastScore, You agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Services or the Service Content, in whole or in part, except that the foregoing does not apply to Your own User Content (as defined below) that You legally upload to the Services. In connection with Your use of the Services You will not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. If You are blocked by BeastScore from accessing the Services (including by blocking Your IP address), You agree not to implement any measures to circumvent such blocking (e.g., by masking Your IP address or using a proxy IP address). Any use of the Services or the Service Content other than as specifically authorized herein is strictly prohibited. The technology and software underlying the Services or distributed in connection therewith (for example, mobile applications, badges and other widgets) is the property of BeastScore, Our affiliates and Our partners (the "Software"). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by BeastScore.
The BEASTSCORE name is a trademark and service mark of BeastScore. Other BeastScore product and service names and logos used and displayed via the Services may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to BeastScore. Nothing in this Terms of Service or the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of BeastScore Trademarks displayed on the Services, without Our prior written permission in each instance. All goodwill generated from the use of BeastScore Trademarks will inure to Our exclusive benefit. Any permitted use of the BeastScore Trademarks must be in accordance with Our policies.
Third Party Material
Under no circumstances will BeastScore be liable in any way for any content uploaded by third parties or at the direction of users, including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any content uploaded or emailed via the Services. You acknowledge that BeastScore may not pre-screen content, but that BeastScore and its designees will have the right, but not the obligation, in their sole discretion, to refuse or remove any content that is available via the Services. Without limiting the foregoing, BeastScore and its designees will have the right to remove any content that violates these Terms of Services or is deemed by BeastScore, in its sole discretion, to be otherwise objectionable. You agree that You must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.
User Content Upload Through the Services
You are solely responsible for the content and other materials You upload through the Services or share with other users or recipients (collectively, "User Content"). You will not upload any content that You did not create or that You do not own all right, title and interest in and to, including, without limitation, all copyright and rights of publicity contained therein. By uploading any User Content You hereby grant and will grant BeastScore and its affiliated companies a nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicensable, perpetual, irrevocable license to copy, display, upload, perform, distribute, store, modify and otherwise use Your User Content in connection with the operation of the Services or the promotion, advertising or marketing thereof, in any form, medium or technology now known or later developed.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Services ("Submissions"), provided by You to BeastScore are non-confidential and BeastScore will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to You.
You acknowledge and agree that BeastScore may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms of Service; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of BeastScore, its users and the public. You understand that the technical processing and transmission of the Service, including Your content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
In addition, BeastScore will have the sole right to remove any content from the Services that it believes in its sole discretion is in violation of this Terms of Service or is otherwise inappropriate in any way.
BeastScore respects the intellectual property of others, and We ask Our users to do the same. If You believe that Your work has been copied in a way that constitutes copyright infringement, or that Your intellectual property rights have been otherwise violated, You should notify BeastScore of Your infringement claim in accordance with the procedure set forth below.
BeastScore will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act ("DMCA") and other applicable intellectual property laws with respect to any alleged or actual infringement. A notification of claimed copyright infringement should be emailed to BeastScore's Copyright Agent at firstname.lastname@example.org (Subject line: "DMCA Takedown Request"). You may also contact Us by mail at:
Attn: Copyright Complaints
556 S. Fair Oaks Ave, Ste. 101, #176
Pasadena, CA 91105
To be effective, the notification must be in writing and contain the following information:
(1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
(2) a description of the copyrighted work or other intellectual property that You claim has been infringed;
(3) a description of where the material that You claim is infringing is located on the Service, with enough detail that We may find it on the Service;
(4) Your address, telephone number, and email address;
(5) a statement by You that You have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;
(6) a statement by You, made under penalty of perjury, that the above information in Your Notice is accurate and that You are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
If You believe that Your User Content that was removed (or to which access was disabled) is not infringing, or that You have the authorization from the copyright owner, the copyright owner's agent, or the legal right, to Upload and use the Content in Your User Content, then You may send a written counter-notice containing the following information to the Copyright Agent:
(1) Your physical or electronic signature;
(2) identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
(3) a statement that You have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
(4) Your name, address, telephone number, and email address, a statement that You consent to the jurisdiction of the federal court located within the Central District of California and a statement that You will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Copyright Agent, BeastScore will send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at Our sole discretion.
Repeat Infringer Policy
In accordance with the DMCA and other applicable law, BeastScore has adopted a policy of terminating, in appropriate circumstances and at BeastScore's sole discretion, users who are deemed to be repeat infringers. BeastScore may also at its sole discretion limit access to the Service and/or terminate the memberships of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
Third Party Websites
The Service may provide, or third parties may provide via the Service, links or other access to other sites and resources on the Internet. BeastScore has no control over such sites and resources and BeastScore is not responsible for, and does not endorse, such sites and resources. You further acknowledge and agree that BeastScore will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods or services available on or through any such site or resource. Any dealings You have with third parties found while using the Service are between You and the third party, and You agree that BeastScore is not liable for any loss or claim that You may have against any such third party.
Indemnity and Release
You agree to release, indemnify and hold BeastScore and its affiliates and their officers, employees, directors and agents harmless from any from any and all losses, damages, expenses, including reasonable attorneys' fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to Your use of the Service, any User Content, Your connection to the Service, Your violation of these Terms of Service or Your violation of any rights of another.
If You are a California resident, You waive California Civil Code Section 1542, which states: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." If You are a resident of another jurisdiction, You waive any comparable statute or doctrine.
Disclaimer of Warranties
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. BEASTSCORE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
BEASTSCORE MAKES NO WARRANTY THAT THE SERVICE WILL: (1) MEET YOUR REQUIREMENTS, (2) BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (3) PROVIDE ACCURATE AND/OR RELIABLE RESULTS, OR (4) THE QUALITY OF ANY SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT BEASTSCORE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF BEASTSCORE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (1) THE USE OR THE INABILITY TO USE THE SERVICE; (2) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (4) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (5) ANY OTHER MATTER RELATING TO THE SERVICE.
IN NO EVENT WILL BEASTSCORE'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID BEASTSCORE IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100).
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.
Dispute Resolution By Binding Arbitration
PLEASE READ THIS SECTION CAREFULLY AS IT CONSTITUTES A WAIVER OF YOUR RIGHT TO SUE BEASTSCORE IN A COURT OF LAW.
Most customer concerns can be resolved quickly and to the customer's satisfaction by emailing customer support at email@example.com. In the unlikely event that Our customer care team is unable to resolve a complaint You may have (or if BeastScore has not been able to resolve a dispute it has with You after attempting to do so informally), We each agree to resolve those disputes through binding arbitration and/or mediation rather than in courts of general jurisdiction.
In an arbitration, a neutral arbitrator -- instead of a judge and/or jury -- hears arguments from both sides and renders a decision. Arbitration is typically less expensive, faster and less formal than a lawsuit in court. Arbitrators can award the same damages and relief that a court can award. However, arbitrators are not required to make a decision consistent with the law. An arbitrator can make a decision that contradicts the applicable law, if the arbitrator believes that doing so would be the fairest thing to do. The arbitrator's decision is, with a few very narrow exceptions, final and unappealable.
If You prevail against BeastScore in an arbitration seeking less than $75,000 in damages, then BeastScore will pay Your reasonable attorneys' fees. BeastScore will not seek attorneys' fees from You. However, if You initiate an arbitration in which You seek more than $75,000 in damages, then the payment of attorneys' fees will be governed by the American Arbitration Association ("AAA") Rules (as defined below). Any arbitration under this Agreement will take place on an individual basis. Class arbitrations and class actions are not permitted.
Any controversy or claim arising out of or in relation to these Terms of Service or the validity, construction or performance of these Terms of Service, or the breach thereof, shall be resolved by arbitration in accordance with the rules and procedures of the AAA, as amended from time to time, under the AAA's jurisdiction in California, before a single arbitrator (or, if the parties cannot agree on a choice of arbitrator, then before a panel of three arbitrators) familiar with corporate law. Each Party waives any right to adjudicate any dispute in any other court or forum, except that a Party may seek interim relief exclusively in any state or federal court located in Los Angeles County, California before the start of arbitration as allowed by the AAA Rules. Such rules and procedures are incorporated and made a part of this Agreement by reference. The parties shall have the right to engage in pre-hearing discovery in connection with such arbitration proceedings. The parties agree hereto that they will abide by and perform any award rendered in any arbitration conducted pursuant hereto, and that any court having jurisdiction thereof may issue a judgment based upon such award. Any award shall be final, binding, and non-appealable. The Parties agree to accept service of process in accordance with the AAA Rules.
A party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute ("Notice"). Such a Notice should be addressed to BeastScore at 556 S. Fair Oaks Ave, Ste. 101, #176, Pasadena, CA 91105 ("Notice Address"). The Notice must describe the nature and basis of the claim or dispute, and set forth the specific relief sought ("Demand"). If BeastScore and You do not reach an agreement to resolve the claim within sixty (60) calendar days after the Notice is received, then You or BeastScore may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by BeastScore or You shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which You or BeastScore is entitled.
The AAA Rules are available online at adr.org, by calling the AAA at 1-800-778-7879, or by writing to the Notice Address. Unless BeastScore and You agree otherwise, any arbitration hearings will take place in a reasonably convenient location for both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, the determination shall be made by AAA. If Your claim is for $10,000 or less, We agree that You may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If Your claim exceeds $10,000, the right to a hearing will be determined by 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 award is based. BeastScore will pay all AAA filing, administration, and arbitrator fees for any arbitration initiated in accordance with the AAA Rules. However, if You initiate an arbitration in which You seek more than $75,000 in damages, the payment of these fees will be governed by the AAA rules.
YOU AND BEASTSCORE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both You and BeastScore agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void.
Notwithstanding any provision in these Terms of Service to the contrary, We agree that if BeastScore makes any future change to this arbitration provision (other than a change to the Notice Address) while You are a user of the Service, then You may reject any such change by sending Us written notice within thirty (30) calendar days of the change to the Arbitration Notice Address provided above. By rejecting any future change, You are agreeing that You will arbitrate any dispute between Us in accordance with the language of this provision.
You agree that You are solely responsible for Your interactions with any other user in connection with the Service and BeastScore will have no liability or responsibility with respect thereto. BeastScore reserves the right, but has no obligation, to become involved in any way with disputes between You and any other user of the Service.
These Terms of Service constitute the entire agreement between You and BeastScore and govern Your use of the Service, superseding any prior or contemporaneous oral and/or written agreements between You and BeastScore with respect to the Service. You also may be subject to additional terms and conditions that may apply when You use affiliate or third-party services, third-party content or third-party software.
Choice of Law
The validity, interpretation, construction and performance of this Agreement, and all acts and transactions pursuant hereto and the rights and obligations of the parties hereto shall be governed, construed and interpreted in accordance with the laws of the state of California, without giving effect to principles of conflicts of law.
Non-Waiver of Rights
The failure of BeastScore to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision.
If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms of Service remain in full force and effect.
The paragraph headings in these Terms of Service are for convenience only and have no legal effect whatsoever.
California Consumer Rights Notice
Under California Civil Code Section 1789.3, users of the Service from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210. BeastScore may be contacted in writing at 556 S. Fair Oaks Ave, Ste. 101, #176, Pasadena, CA 91105.
Questions? Concerns? Suggestions?
Please contact Us at firstname.lastname@example.org to report any violations of these Terms of Service or to pose any questions regarding this Terms of Service or the Service.