Terms of Service
Updated 8.27.2025
The Bare Facts Terms of Service (“Terms”) represent a legal agreement between you (“you”) and The Bare Facts (“The Bare Facts”). The terms “we”, “us” and “our” as used herein also refer to The Bare Facts regarding your use of (1) the use of The Bare Facts website [INSERT] (the “Site”) and The Bare Facts App (“App”); and (2) any other products or services offered to you by us (together with the Site and App, the “Services”). We provide the Services to you conditioned upon your acceptance of these Terms. Any new features or tools which may be added to the Services from time to time are also subject to these Terms. Your use of the Services is also subject our Privacy Notice.
PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE SERVICES. You must accept these Terms (including any additional terms and policies referenced here or available by hyperlink) in order to use the Services. The term “you” as referenced herein refers to you, as an individual. BY USING THE SERVICES, YOU AGREE TO THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, YOU SHOULD NOT USE THE SERVICES.
BY ACCEPTING THESE TERMS, YOU ACKNOWLEDGE AND AGREE THAT BY USING THE SERVICES, YOU ARE NOT ENTERING INTO A DOCTOR-PATIENT OR OTHER HEALTH CARE PROVIDER-PATIENT RELATIONSHIP WITH THE BARE FACTS.
These Terms shall be effective immediately upon your access to the Services (the "Effective Date") and shall continue in full force indefinitely until terminated in accordance with these Terms. The Bare Facts may terminate your use of the Services with or without cause or notice in its sole discretion, including, without limitation, if The Bare Facts believes that you have violated or acted inconsistently with these Terms.
CLASS ACTION WAIVER
EXCEPT AS OTHERWISE DESCRIBED IN THE DISPUTES SECTION BELOW, BY USING THE SERVICES, YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. PLEASE REVIEW THE DISPUTES SECTION CAREFULLY; BY USING THE SERVICES, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF THESE TERMS.
If you have a disability, and you wish to access these Terms in an alternative format, please contact us at info@thebarefacts.com
Your use of the Services, and the use of any information collected by us through your use of the Services (including, without limitation, any account registration information) is subject to the Bare Facts Privacy Notice located here: INSERT, which is incorporated as part of these Terms. Your use of the Services signifies your acceptance of the privacy notice.
We reserve the right, in our sole discretion, to update, modify, change or replace any portion of these Terms and/or the Privacy Notice at any time. If you have registered as a user with an account and an email address, The Bare Facts will notify you of any material changes prior to those changes taking effect, via email and/or via the Services. If we make changes, such changes will also be posted on the Site and indicated by the "Last Update" date at the top of the page. Any such changes are effective and binding the next business day. Any changes to these Terms apply to all access to and use of the Services thereafter, and your continued use of the Services constitutes your acceptance of the revised Terms. You should review all applicable terms regularly. In the event new terms may be displayed on-screen, you may be required to read and accept them to continue your use of the Services. If you choose not to accept any new terms, you may close your account and/or stop using the Services. Where the law allows, you acknowledge that continued use of Services after The Bare Facts posts or sends notice of updated terms means that your personal data is subject to any updated terms.
During your use of the Services, you may encounter additional terms and conditions, for example to enable certain optional add-ons or offerings, which The Bare Facts will provide to you prior to your use of those features in the event of a conflict between such additional terms and these Terms, the additional terms shall control with respect to the Service, feature, or functionality to which such additional terms apply. Some features may not be available to all users, and The Bare Facts has no liability to you for limiting your right or access to certain features of the Services.
The Bare Facts shall have the right in its sole discretion to substitute, replace, modify, improve, update or upgrade (“Updates”) the Site and Services as The Bare Facts deems advisable; and all such updates shall be incorporated in and subject to these Terms and shall be the exclusive property of The Bare Facts. If The Bare Facts shall provide you with any updates, you will be required to utilize such version. The Bare Facts will only be required to support the most recent and current version provided to you. Depending on the update, you may not be able to use the Services until you have downloaded the latest version and accepted any new terms that may apply. In case of a conflict between these Terms and other terms provided with respect to updates, such other terms will prevail. This section will not require The Bare Facts to deliver new features and functionality nor any future offerings.
During your use of the Services, you may encounter additional terms and conditions, for example to enable certain optional add-ons or offerings, which The Bare Facts will provide to you prior to your use of those features in the event of a conflict between such additional terms and these Terms, the additional terms shall control with respect to the Service, feature, or functionality to which such additional terms apply. Some features may not be available to all users, and The Bare Facts has no liability to you for limiting your right or access to certain features of the Services.
By using the Services, you agree to pay all fees and charges incurred in connection with your subscription.
Two Month Subscriptions: If you have purchased a 2 month subscription, at the conclusion of your initial subscription, you may elect to purchase a subscription for an additional 10 months (at which point your subscription shall automatically convert to an annual subscription, which shall renew in accordance with the annual subscription paragraph below). If you do not elect to purchase the 10 month subscription, your subscription will automatically renew on a month to month basis, and we will automatically bill you for the monthly fees applicable to the renewal at the start of each month. If you wish to terminate your subscription, you must terminate your subscription by cancelling through the “my accounts” link within your account prior to the end of your current subscription period. If your subscription has renewed for the next subscription period (whether monthly or annual), you may not cancel it until the end of that subscription period.
Annual Subscriptions: If you have purchased an annual subscription, at the conclusion of your initial 12 month subscription, your subscription will automatically renew for successive 12 month terms, and we will automatically bill you for the fees applicable to the renewal on the anniversary date of subscription. If you have purchased an annual subscription, we will send you an email notification regarding your renewal prior to your renewal date. If you wish to terminate your subscription, you must terminate your subscription by cancelling through the “my accounts” link within your account prior to the end of your current subscription period. If your subscription has renewed for the next subscription period (whether monthly or annual), you may not cancel it until the end of that subscription period.
Some jurisdictions have mandatory laws applicable to cancellation rights, and this section is not intended to override such laws. If you do not make your payments when due, we may suspend your account and your access to the Services.
No refunds for any Services Fees will be granted, unless required by applicable law.
All prices are shown in U.S. dollars. Prices for our Services are subject to change. If you are an existing subscriber, we will use commercially reasonable efforts to notify you of any pricing changes via email, at the email address associated with your account. Otherwise, pricing changes will be posted on the Site.
All payments shall be made via credit card, or via the third party payment applications Venmo or Zelle. You represent and warrant that you will not use a credit card unless you have all necessary legal authorization to do so. We are not responsible for any unauthorized amounts billed to your credit card by a third party.
Credit card payment processing services are provided by third party payment providers via Third Party Applications (defined below). The terms of service and privacy policies of the applicable third party payment providers (“Payment Processor Terms”) apply to the credit card payment processing, and not these terms. By using the Services, you agree to be bound by the applicable Payment Processor Terms, as the same may be modified by the applicable third party payment processor from time to time. As a condition to our enabling credit card payment processing services through these third parties, you agree to provide us accurate and complete information about you, and you authorize us to share any such information with the third party payment processors, as well as transaction information related to your use of the payment processing services provided by third party payment processors. In all cases, standard credit card or other third party processing fees apply in addition to the Services fees. We are not responsible for the performance of any third party credit card processing or third party payment services.
Subject to your compliance with these Terms, and in consideration for the payment of applicable fees, you are granted a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Services and to view Content (defined below) made available via the Services for your personal use only. This license may not be used by or for the benefit of any other person or third party. You are authorized to use the Services only during the subscription period that you register and pay for. You are responsible for procuring and maintaining the network connections that connect you to the Services. Other than as expressly set forth in these Terms, no licenses or rights are granted to you by implication or otherwise.
The Bare Facts makes available certain The Bare Facts Content via the Services. “The Bare Facts Content” includes content, information, materials, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, artwork, videos, user interfaces, and the “look and feel” of the Services, and all intellectual property rights related thereto. The Bare Facts Content is subject to change at any time without notice.
As between you and The Bare Facts, all The Bare Facts Content are owned by The Bare Facts and its licensors, and The Bare Facts retains all right, title and interest in The Bare Facts Content, including all modifications, enhancements, and derivatives of The Bare Facts Content (including any and all patents, copyrights, trade secret rights, trademarks, trade names and other proprietary rights embodied therein or associated therewith), and all copies of The Bare Facts Content. The Bare Facts and its licensors reserve all rights not expressly granted in and to The Bare Facts Content.
Use of The Bare Facts Content not expressly permitted by these Terms is strictly prohibited. The Bare Facts Content may not be downloaded, copied, reproduced, modified, distributed, transmitted, broadcast, displayed, sold, licensed or otherwise exploited for any purpose whatsoever without The Bare Facts’ prior written consent. You may not create derivative works from The Bare Facts Content without The Bare Facts’ prior written consent. You agree to respect and not remove all copyright, trademark, and other legal notices, information, and restrictions contained in The Bare Facts Content. You shall access and use The Bare Facts Content for lawful purposes only.
Subject to the terms and conditions of the Terms, during the term of your subscription only, you are hereby granted a non-exclusive, limited, non-transferable, non-sublicensable, revocable, worldwide license to access The Bare Facts Content provided by us through the Services for your personal and non-commercial use only, and solely in compliance with these Terms. The Bare Facts may terminate this license at any time for any reason or no reason.
All The Bare Facts Content is provided for general informational purposes only and is in no way intended to create a healthcare provider-patient relationship. The Bare Facts Content is intended to provide legal or medical advice. The quality of the display of The Bare Facts Content may vary from device to device and may be affected by factors outside of our control, such as your internet connection and geographic location.
Subject to these Terms and following payment by you of all fees owed hereunder, you are permitted to retain and use any The Bare Facts Content that you may have downloaded prior to termination. Subject to the terms and conditions of these Terms, The Bare Facts hereby grants You a limited right to use such The Bare Facts Content solely for your own informational purposes. You may not distribute or sell The Bare Facts Content to any person, or use, access, or modify The Bare Facts Content in order to build a competitive program, product or service. For the avoidance of doubt, you will not have continued access to any The Bare Facts Content via the Services after termination of your subscription.
Our Services may include access to or otherwise make available certain data, content, information, images, photographs, text, videos, information, logos, representations, comments, links, charts, graphs, graphics, and/or other materials belonging to, provided by, or made available by a third party through the Services (“Third Party Content”). THE BARE FACTS ACCEPTS NO RESPONSIBILITY OR LIABILITY FOR ANY THIRD PARTY CONTENT OR YOUR ACCESS TO OR USE OF SUCH THIRD PARTY CONTENT. WE DO NOT GUARANTEE THE ACCURACY, INTEGRITY, APPROPRIATENESS OR QUALITY OF ANY THIRD PARTY CONTENT. THIRD PARTY CONTENT HAS NOT BEEN VERIFIED OR APPROVED BY US, AND WE HAVE NO OBLIGATION TO PRE-SCREEN, MONITOR, REVIEW, OR EDIT ANY THIRD PARTY CONTENT. YOU ACKNOWLEDGE THAT THIRD PARTY CONTENT IS THE SOLE RESPONSIBILITY AND LIABILITY OF THE THIRD PARTY FROM WHOM THE THIRD PARTY CONTENT ORIGINATED. THE BARE FACTS IS NOT RESPONSIBLE FOR, AND DOES NOT ENDORSE, THE OPINIONS, ADVICE, SUGGESTIONS OR RECOMMENDATIONS POSTED IN ANY THIRD PARTY CONTENT. YOU ACKNOWLEDGE AND AGREE THAT WHEN YOU VIEW THIRD PARTY CONTENT PROVIDED BY OTHERS ON THE SERVICES, YOU ARE DOING SO AT YOUR OWN RISK. UNDER NO CIRCUMSTANCES WILL WE BE LIABLE IN ANY WAY FOR ANY THIRD PARTY CONTENT.
You shall not (and shall not permit others to): (a) copy the look-and-feel or functionality of the Services or Content (where “Content” means both The Bare Facts Content and any Third Party Content); (b) remove any proprietary notices, marks, labels, or logos from the Services or Content; (c) change, alter, modify, decompile, disassemble, translate, reverse engineer, create derivative works, transfer, mirror or frame, sell, resell, rent, lease, sublease, loan, translate, merge, adapt, vary, distribute, perform, publish, sublicense, transfer or otherwise exploit the Services, the Content or any portion thereof; (d) you may not attempt to derive the source code or the inner workings of the Services or use the Services or Content in order to create a competitive product or service; (e) you may not archive, download reproduce, duplicate, bootleg, or otherwise make any copies of the Services or Content. This license does not allow you to distribute or make the Services or Content available over a network where it could be used by multiple devices at the same time. Without our express written consent in each instance, you may not: (1) use the Services or Content for any commercial or unauthorized purpose, including communicating or facilitating any commercial advertisement or solicitation or spamming; (2) incorporate the Services or Content in any other program or product. You may not publicly perform the Services or Content. You also agree not to circumvent, remove, alter, deactivate, degrade or thwart any of the content protections in the Services or Content.
You may not use the Services or Content for any illegal, unlawful or unauthorized purpose, or to solicit others to perform or participate in any unlawful acts. In the using the Services and Content, you warrant that you will not violate any international, federal, state or local laws, rules, regulations or ordinances. You must not upload or transmit any worms, viruses, bots, Trojans, back doors, or any malicious or destructive code of any kind to the App, or any code that will affect the functionality or accessibility of the Services or Content. You may not use the account of any other user. You will not use the Services, or Content to (a) impersonate any person or entity, or submit false or misleading information (such as using a false e-mail address or pretending to be someone other than yourself) or otherwise misrepresent you or your affiliation with any person or entity; (b) collect or track the personal information of others or use any data mining, data gathering, or extraction method; (c) use any robot, spider, scraper, bot, crawler, script, or other automated means to access the Services, collect information from, or otherwise interact with the App or Services; or (d) to interfere with or circumvent the security features of the Services. You will not to use the Services or Content in or for the benefit of a country, organization, entity, or person embargoed or blocked by the United States government, including those on sanctions lists identified by the United States Office of Foreign Asset Control (OFAC). A breach or violation of any Terms may result in an immediate termination or suspension of your ability to access the Services and Content.
You may not use the Services in a manner that (a) is discriminatory, including discrimination based on race, sex, gender, gender identity, religion, nationality, disability, sexual orientation or age; (b) may create a conflict of interest or undermine the purposes of the Services; (c) includes any private information, personal information, or confidential information of any third party or person; (d) is defamatory of any person, illegal, obscene, offensive, pornographic, hateful or inflammatory or of a violent nature; (e) constitutes, encourages or provide instructions for criminal or unlawful acts; and (f) is intended to defame, abuse, impersonate, intimidate, harass, harm, or bully any person, or contains a threat of any kind.
We reserve the right, at any time and without prior notice, to remove or disable access to Content at our discretion for any reason or no reason.
You will indemnify, defend hold harmless, and release The Bare Facts from and against any and all costs, liabilities, losses, and expenses (including reasonable attorneys’ fees), claims, suits, actions, or proceedings relating to your violation of these Restrictions On Use.
From time to time, The Bare Facts may, in its sole discretion, invite you to use, on a trial basis, pre-release or beta features that are in development and not yet available to the public (“Beta Services”). Beta Services may be subject to additional terms and conditions, which The Bare Facts will provide to you prior to your use of the Beta Services. Such Beta Services and all associated conversations and materials relating thereto will be considered Confidential Information of The Bare Facts and subject to the confidentiality provisions in these Terms. The Bare Facts makes no representations or warranties that the Beta Services will function. The Bare Facts may discontinue the Beta Services, as with any of the Services, at any time in its sole discretion. The Bare Facts will have no liability for any harm or damage arising out of or in connection with a Beta Service or any of the Services. The Beta Services may not work in the same way as a final version. The Bare Facts may change or not release a final or commercial version of a Beta Service at our sole discretion.
Our Services and Content are protected by various intellectual property laws which may include patent, copyright, trade secret, trademark, and trade names protection. You agree to respect all copyright and other legal notices, information, and restrictions contained in the Services and Content.
You acknowledge and agree that the Services and The Bare Facts Content are proprietary to The Bare Facts Analytics and its licensors and that The Bare Facts and/or its licensors retain exclusive ownership of the Services and The Bare Facts Content, including all modifications, enhancements, derivatives, and other software, documentation and materials relating to the Services and The Bare Facts Content (including any and all patents, copyrights, trade secret rights, trademarks, trade names and other proprietary rights embodied therein or associated therewith), and all copies thereof.
The Bare Facts name and logo are trademarks of The Bare Facts, and may not be copied, imitated or used, in whole or in part, without the prior written permission of The Bare Facts.
The Services may contain links to third party sites, services, networks, platforms, or apps (“Third Party Applications”), including but not limited to third party payment platforms and credit card processors (such as Venmo, Zelle, Stripe, and Dubsado). However, please be aware that The Bare Facts is not responsible for and cannot control the terms of service or privacy policies of such Third Party Applications. We encourage you to read the applicable agreements for all Third Party Applications. These Terms applies solely to these Services. The Bare Facts is not responsible for and makes no representations or warranties regarding Third Party Applications, including without limitation, the content, accuracy, opinions, functionality, or services provided in such Third Party Applications. Inclusion of any Third Party Applications in the Services does not imply approval or endorsement by The Bare Facts. If You decide to access any Third Party Applications, then You do so at your own risk. The Bare Facts makes no representations or warranties regarding your use of any Third Party Applications, which shall be governed by a separate agreement between your and the owners of such Third Party Applications. You agree that The Bare Facts has no liability whatsoever for the Third Party Applications, including, without limitation, providing continued access to the Third Party Applications, technical issues related to the Third Party Applications or their interaction with the Services, and any damages or claims caused by, arising out of or relating to the Third Party Applications. Any correspondence and business dealings with third parties via the Services are solely between you and the third party.
We may exchange information (including, without limitation, Account Information) with the third party providers of Third Party Applications in order to facilitate the provision of Services. Where such information consists of Personal Data (as defined in the Privacy Notice), it will only be shared in accordance with the Privacy Notice.
We respect intellectual property rights. If you are a copyright owner or exclusive copyright holder, or are authorized to act on behalf of one, and believe that any material or Content available on our Site or in the Services infringes upon your copyrights, please submit a notification of the alleged copyright infringement to the contact provided below in accordance with the Digital Millennium Copyright Act (“DMCA”) by providing all the following information: (1) the full legal name and a physical or electronic signature of the person authorized to act on behalf of the copyright owner/exclusive licensor; (2) identification of the copyrighted work that you claim has been infringed, or, if multiple copyrighted works at a single online site are covered by this the notification, a representative list of the copyrighted works; (3) identification of the material that is claimed to be infringing (or to be the subject of infringing activity) and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material (including URL(s) if possible); (4) your name, address, telephone number, email address, and/or any other information reasonably sufficient to allow us to contact you. Your notification must also include statements regarding the following: (A) You have good faith believe that use of the material in the manner described in this notification is not authorized by the copyright owner, its agent or the law; and (B) the information contained in this notification is accurate, and under penalty of perjury, you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. You acknowledge that if you fail to comply with all the requirements above, your DMCA notice may not be valid. Please see 17 U.S.C. § 512 for more information regarding the DMCA and DMCA notifications. We also recommend that you consider consulting legal counsel.
Please deliver the notification to:
By Email: info@thebarefacts.com
By Mail: INSERT
If you send us you send ideas, comments, suggestions, proposals, plans, or other materials related to the Services or Content, whether online, by email, by postal mail, or otherwise (collectively, “Feedback”), you agree that we may, at any time, without restriction use, sell, disclose, and otherwise fully exploit in any medium any Feedback that you provide to us for any purpose whatsoever, commercial or otherwise, without restriction, without attribution and without compensation to you. Feedback is not confidential. We are and shall be under no obligation to respond to any Feedback.
The Services and Content are provided for informational and educational purposes only and are not medical advice. No matter the qualifications of the persons providing the Services and Content, You expressly acknowledge that any health professional participating in the Services or providing the Content does not have a provider-patient relationship with You or any person accessing or using the Services. The Services and Content is not a substitute for medical care.
This Services and Content are intended to offer general guidance regarding sexual health. Content reflects available information at the time it was written. Each individual and situation is unique and some of the recommendations contained in the Services and Content will not apply to all individuals.
You should refer all medical and health-related inquiries to appropriately qualified medical professionals and practitioners. Never disregard or delay in seeking medical advice as a result of information you received as part of the Services or the Content. Always seek the advice of a physician or other qualified health care provider concerning questions you have regarding a medical or other health condition and before stopping, starting, or modifying any treatment or medication. If someone is sick, injured, or otherwise in need of medical attention, please call 911 or contact the individual’s regular health care provider immediately.
THE SERVICES AND CONTENT ARE PROVIDED “AS-IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND. WE DO NOT GUARANTEE, REPRESENT OR WARRANT THAT YOUR USE OF OR ACCESS TO THE SERVICES, CONTENT WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. WE DO NOT WARRANT THAT THE SERVICES OR CONTENT WILL BE ACCURATE. COMPLETE, OR RELIABLE. YOU SHOULD NOT RELY ON ANY SUCH INFORMATION FOR DECISION-MAKING PURPOSES. WE DO NOT WARRANT THAT THE SERVICES OR CONTENT WILL MEET YOUR REQUIREMENTS. WE MAKE NOT REPRESENTATIONS OR WARRANTIES REGARDING HOW THE CONTENT WILL APPEAR YOUR SPECIFIC DEVICE. YOU AGREE THAT FROM TIME TO TIME WE MAY REMOVE ALL OR PART OF THE SERVICES AND/OR CONTENT FOR INDEFINITE PERIODS OF TIME WITHOUT NOTICE TO YOU. YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE SERVICES AND CONTENT IS AT YOUR SOLE RISK. WITHOUT LIMITING THE FOREGOING, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, QUIET ENJOYMENT, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.
WE SHALL NOT BE LIABLE TO YOU FOR ANY LOSSES, WHETHER IN CONTRACT, TORT, STATUTORY DUTY OR OTHERWISE (INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES), THAT ARE DIRECTLY OR INDIRECTLY RELATED TO: (A) YOUR ACCESS AND USE OF THE SERVICES OR THAT OF THIRD PARTIES; (B) THE BARE FACTS CONTENT OR ANY THIRD PARTY CONTENT MADE AVAILABLE TO YOU VIA THE SERVICES, (C) YOUR INABILITY TO USE THE SERVICES; (D) ANY THIRD PARTY CLAIM OF INTELLECTUAL PROPERTY INFRINGEMENT IN RELATION TO ANY THIRD PARTY CONTENT; (E) ANY DAMAGE TO ANY DEVICES, INCLUDING ANY COMPUTER, MOBILE DEVICE, OR OTHER EQUIPMENT OR TECHNOLOGY, INCLUDING BUT NOT LIMITED TO ANY DAMAGE WHICH RESULTS FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUG, MALWARE OR FRAUD; OR (F) ACCURACY OF INFORMATION OR RESULTS; WHETHER OR NOT SUCH LOSSES ARE FORESEEABLE AND REGARDLESS OF WHETHER WE HAVE BEEN ADVISED OR, OR SHOULD HAVE KNOWN ABOUT, THE POSSIBILITY OF SUCH DAMAGES.
IN NO CASE SHALL THE BARE FACTS, OUR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, INTERNS, SUPPLIERS, SERVICE PROVIDERS OR LICENSORS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, LOST CONTRIBUTIONS, LOSS OF GOODWILL, LOST SAVINGS, LOSS OF DATA, LOSS OF CONTENT, SERVICE INTERRUPTION, COMPUTER DAMAGE, SYSTEM FAILURE, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, PRODUCT LIABILITY, OR OTHERWISE, ARISING FROM THESE TERMS, YOUR USE OF ANY OF THE SERVICES OR CONTENT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY OF THE SERVICES OR CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICES OR ANY CONTENT MADE AVAILABLE VIA THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF THE LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES.
THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN ANY SUCH JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES, CONTENT OR YOUR USER CONTENT EXCEED THE SUBSCRIPTION FEES ACTUALLY PAID BY YOU IN THE SIX MONTH PERIOD IMMEDIATELY LEADING UP TO THE EVENTS GIVING RISE TO THE CLAIM.
You may stop using the Services at any time. You may delete your account at any time.
We may suspend or terminate your use of the Services and/or Content immediately and without liability to you if you violate these Terms, or if your continued use of the Services or Content would cause a risk of harm or loss to us, our other users, or any third party.
No refunds shall be provided if you elect to stop using the Services before the end of your subscription period. You remain liable for your payment obligations made by you prior to any termination or deletion, including without limitation, the remainder of subscription period registered to your account.
Upon any termination or expiration of these Terms for any reason: (i) we shall no longer provide the applicable Services to You and You and You shall cease using the Services; (ii) we may deactivate and/or delete your user account and you agree not to attempt to access your user account, or create any other user account without our prior written consent; (iii) you must immediately remove the App from all devices; and (iv) you must immediately cease all activities authorized by these Terms.
Except as expressly provided herein, termination of these Terms by either party will be a nonexclusive remedy for The Bare Facts and will be without prejudice to any other right or remedy of The Bare Facts. Provisions which by their nature should survive termination of these Terms shall survive any such termination.
The Services are intended for use in the United States of America. Not all Services or Updates may be available in all geographic areas or to all users. We may, in our sole discretion, decide to modify, improve, or discontinue all or part of the Services or Content at any time, with or without notice, and without liability to you. If you have an active subscription, where reasonably practicable to do so, we may elect to give prior written notice if we terminate the Services in their entirety pursuant to this paragraph.
If you have an active subscription and we terminate the Services in their entirety pursuant to this Discontinuation provision, as our sole liability for such discontinuation, we shall refund a pro-rated portion any pre-paid fees for a subscription to the Services you have not received, calculated as of the date of termination if the discontinuation occurs before the end of any subscription for which you have paid. For the avoidance of doubt, you will not receive a refund of fees if we terminate these Terms or your access to the Services for your breach of these Terms.
THE BARE FACTS SHALL NOT BE LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT IS CAUSED BY OR ARISES FROM OR IN CONNECTION WITH ANY SUCH DISCONTINUATION OF SERVICES. You may also deactivate your user account at any point from your account settings within the App.
YOU AGREE THAT ALL DISPUTES BETWEEN YOU AND US OR ANY OF OUR OFFICERS, DIRECTORS OR EMPLOYEES ACTING IN THEIR CAPACITY AS SUCH (WHETHER OR NOT SUCH DISPUTE INVOLVES A THIRD PARTY) WITH REGARD TO YOUR RELATIONSHIP WITH US, INCLUDING WITHOUT LIMITATION DISPUTES RELATED TO THESE TERMS, YOUR USE OF THE SERVICES, AND/OR RIGHTS OF PRIVACY AND/OR PUBLICITY, WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION UNDER THE JAMS, INC. (“JAMS”) RULES FOR ARBITRATION OF CONSUMER-RELATED DISPUTES. ARBITRATION SHALL TAKE PLACE IN BOSTON, MASSACHUSETTS. ANY PROVISION OF APPLICABLE LAW NOTWITHSTANDING, THE ARBITRATOR WILL NOT HAVE AUTHORITY TO AWARD DAMAGES, REMEDIES OR AWARDS THAT CONFLICT WITH THESE TERMS. YOU AND WE HEREBY EXPRESSLY WAIVE TRIAL BY JURY; PROVIDED, HOWEVER, THAT WE OR YOU MAY SEEK INJUNCTIVE OR OTHER EQUITABLE RELIEF IN ANY STATE OR FEDERAL COURT HAVING JURISDICTION TO GRANT IT IN THE EVENT OF AN ACTUAL OR THREATENED INFRINGEMENT OR MISAPPROPRIATION OF INTELLECTUAL PROPERTY RIGHTS. DISCOVERY AND RIGHTS TO APPEAL IN ARBITRATION ARE GENERALLY MORE LIMITED THAN IN A LAWSUIT, AND OTHER RIGHTS THAT YOU AND WE WOULD HAVE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION.
As an alternative, you may bring your claim in your local small claims court (to the extent permitted) unless such action is transferred, removed or appealed to a different court. You may bring claims only on your own behalf. Neither you nor we will participate in a class action or class-wide arbitration for any claims covered by this agreement to arbitrate. YOU ARE GIVING UP YOUR RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM YOU MAY HAVE AGAINST US INCLUDING WITHOUT LIMITATION ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS. You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person’s account, if we are a party to the proceeding.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to or connected with the use of the Services or these Terms must be filed by you within one (1) year after such claim of action arose or be forever banned.
If you do not wish to be bound by the arbitration and class-action waiver provisions in this Disputes section, you must notify us in writing within thirty (30) days of the date that you first accept these Terms (unless a longer period is required by applicable law), and then you must litigate any disputes against us in accordance with Massachusetts law. Your written notification must be mailed to us at the address set out at the end of these Terms. If you do not notify us in accordance with this paragraph, you agree to be bound by the terms of this Disputes section, including without limitation the arbitration and class-action waiver provisions, and further including such provisions in any revisions we make to these Terms after the date of your first acceptance. Such notification must include: (i) your name; (ii) your email and mailing address, and (iii) a statement that you do not wish to resolve disputes with us through arbitration or waive your ability to participate in a class action. If we make any changes to this Disputes section (other than a change to the address at which we will receive notices or rejections of future changes to this Disputes section), you may reject any such change by sending us written notice, within thirty (30) days of the change, to the address set out at the end of these Terms. It is not necessary to send us a rejection of a future change to this Disputes section if you had properly opted out within the first thirty (30) days after you first accepted the provisions in this Disputes section. If you have not properly opted out, then by rejecting a future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this Disputes section, as modified by any changes you did not reject.
The Bare Facts shall not have any liability for any failure to perform obligations under these Terms if such failure is caused by fire, flood, natural disaster, epidemic, act of God, strike, civil unrest, riot, insurrection, revolution, war, terrorism, lack or failure of suppliers or transportation facilities, failure of utilities or telecommunications, failure of third party software, law or governmental regulation or other cause or event which is of a magnitude or a type beyond the reasonable control of The Bare Facts or such other party.
You agree to comply with all U.S. and foreign export laws regarding the importation and exportation of goods and services. You represent and warrant that (i) you are not located in any country to which the United States has embargoed goods or has designated as a “terrorist supporting” country; and (ii) you are not listed on any United States list of prohibited or restricted parties.
If any condition in these Terms requires you to give us notice in writing, you can send this to us via the contact form found in our website www.thebarefacts.com or by prepaid post to The Bare Facts INSERT ADDRESS. We will confirm receipt of this by contacting you in writing, normally by e-mail.
If we have to give you notice in writing, we will do so by e-mail to the address you provide to us. You agree to receive messages, including notices and marketing materials, through the Services or through your contact email. It is your responsibility to ensure The Bare Facts has your current email address. Any notice sent to you via such email address by The Bare Facts shall be deemed given, received, and read by you, whether or not it actually is received and/or read.
You agree that we may communicate with you electronically by secure or insecure emails, text messages, in-App communications, posting notices to the Website or App, or by any other electronic means. These communications may include important legal or privacy notices, appointment reminders or other administrative information, and/or your confidential personal information including, but not limited to, your login or account information, protected health information, insurance and payment information, and communications from your health care providers.
You agree that it is your responsibility to provide us with private email addresses and phone numbers which are connected to accounts and devices that are secured and accessible only by you. We are not responsible if your family member, friend, company, or another person accesses your email account or device and views communications to or from us. You agree to notify us immediately if your email address or phone number changes. If you do not keep your contact information up to date, we are not responsible if we send communications to the wrong email address or phone number. Even if you take appropriate precautions to secure your accounts and devices, you acknowledge that we cannot guarantee the security of information transmitted electronically over the internet. You acknowledge that there is a risk that a third party could intercept or view electronic communications, including any confidential information or protected health information contained in them. You further acknowledge that insecure emails, text messages, and push notifications carry a higher risk of interception because they are not encrypted. You fully accept these risks and authorize us to communicate with you via all electronic means despite these risks.
You may opt out of a limited number of electronic communications through your account settings or by following the unsubscribe instructions in any communication you receive from us. If you withdraw your consent to receive communications electronically, certain Services may become unavailable to you. Your withdrawal of consent will not affect the legal validity or enforceability of the Terms provided to, and accepted by, you.
We take our responsibility to safeguard the privacy and security of your confidential personal information very seriously. Our Privacy Notice explains how we use the personal information that you provide to us.
Except as otherwise stated herein, these Terms constitutes the entire agreement and understanding between you and us and govern your use of the Services, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms). The failure of The Bare Facts to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms, and such determination shall not affect the validity and enforceability of any other remaining provisions. These Terms shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, without regard to its conflict of laws provision. These Terms are personal to you. You cannot assign them, transfer them, or sublicense them unless you get our prior written consent. We have the right to assign, transfer, or delegate any of its rights and obligations under these Terms without your consent. In the event of a conflict between these the English language version of the Terms and any foreign language translation versions thereof, the English language version of the Terms shall govern and control. All disputes, claims and causes of action (and related proceedings) will be communicated in English.
Certain portions of the Services may be configured for mobile devices, mobile websites, and/or mobile applications (collectively, “Mobile Media”). This Terms shall apply with equal force and measure to your access and use of the Services through Mobile Media. If you visit, access, or use the Services through Mobile Media, then you hereby acknowledge and agree that information about your use of the Services through a mobile device and/or a mobile device carrier (such as, by way of example only, the identity of the mobile device, and/or the mobile device carrier) may be communicated to The Bare Facts; and that you accept full responsibility for all mobile device and carrier fees, rates, and charges that may apply, if any. The data fees, rates, and charges of your mobile device carrier may apply to your visit, access, and/or use of the Services. The Bare Facts is not responsible for, and you further accept full responsibility for, all mobile device and carrier fees, rates, and charges that may apply, if any.
The following addresses certain matters with respect to Apple Inc. (“Apple”) and/or the so-called “Usage Rules” set forth in Apple’s App Store Terms of Service (located at http://www.apple.com/legal/internet-services/itunes/us/terms.html) as of the effective date hereof (“Apple’s Usage Rules”): The Parties hereby acknowledge that:
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these Terms is between the Parties only, and not with Apple;
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Apple is not responsible for the Services, or the content thereof;
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Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Services;
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Apple has no warranty obligations, whether express or implied;
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Apple is not responsible for addressing any claims you or any third party have or may have relating to any of the Services or your possession and/or use of any of the Services, including, without limitation, (i) product liability claims, (ii) any claim that such Services fail to conform to any applicable legal or regulatory requirement, (iii) claims arising under consumer production or similar legislation, and (iv) intellectual property infringement claims;
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these Terms’ usage rules for the Services are not intended to be less restrictive than Apple’s Usage Rules;
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Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms; and
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Upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary hereof.
If you download, access, or use any of the Services from or through Apple’s App Store, then the limited license granted to you hereunder with respect to such Services is hereby amended to add the following restriction: you may not use such Services on any device other than the Apple-brand device (e.g., iPhone, iPod Touch, iPad) that you own or control, or in any manner that is contrary to Apple’s Usage Rules.
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Questions about these Terms should be sent to: INSERT
You may also reach us by mail at: info@thebarefacts.com.
PRIVACY NOTICE
Your use of the Services, and the use of any information collected by us through your use of the Services (including, without limitation, any account registration information) is subject to the Bare Facts Privacy Notice located here: INSERT, which is incorporated as part of these Terms. Your use of the Services signifies your acceptance of the privacy notice.
MODIFICATION TO THESE TERMS
We reserve the right, in our sole discretion, to update, modify, change or replace any portion of these Terms and/or the Privacy Notice at any time. If you have registered as a user with an account and an email address, The Bare Facts will notify you of any material changes prior to those changes taking effect, via email and/or via the Services. If we make changes, such changes will also be posted on the Site and indicated by the "Last Update" date at the top of the page. Any such changes are effective and binding the next business day. Any changes to these Terms apply to all access to and use of the Services thereafter, and your continued use of the Services constitutes your acceptance of the revised Terms. You should review all applicable terms regularly. In the event new terms may be displayed on-screen, you may be required to read and accept them to continue your use of the Services. If you choose not to accept any new terms, you may close your account and/or stop using the Services. Where the law allows, you acknowledge that continued use of Services after The Bare Facts posts or sends notice of updated terms means that your personal data is subject to any updated terms.
ADDITIONAL TERMS
During your use of the Services, you may encounter additional terms and conditions, for example to enable certain optional add-ons or offerings, which The Bare Facts will provide to you prior to your use of those features in the event of a conflict between such additional terms and these Terms, the additional terms shall control with respect to the Service, feature, or functionality to which such additional terms apply. Some features may not be available to all users, and The Bare Facts has no liability to you for limiting your right or access to certain features of the Services.
UPDATES TO THE SERVICES
The Bare Facts shall have the right in its sole discretion to substitute, replace, modify, improve, update or upgrade (“Updates”) the Site and Services as The Bare Facts deems advisable; and all such updates shall be incorporated in and subject to these Terms and shall be the exclusive property of The Bare Facts. If The Bare Facts shall provide you with any updates, you will be required to utilize such version. The Bare Facts will only be required to support the most recent and current version provided to you. Depending on the update, you may not be able to use the Services until you have downloaded the latest version and accepted any new terms that may apply. In case of a conflict between these Terms and other terms provided with respect to updates, such other terms will prevail. This section will not require The Bare Facts to deliver new features and functionality nor any future offerings.
ACCOUNT REGISTRATION
You may browse the Site without registering for an account; however, you are required to register for an account in order to access and use the Services. To register for an account, you must be 18 or over and old enough to form a binding contract in the jurisdiction in which you reside. If you are under 13 years of age, you may not use the Site or Services or provide any information to us via the Site or Services. If you are under the age of majority in your jurisdiction (typically 18 years of age), you may use the Site and Services only with the approval of your parent or guardian, provided such parent or legal guardian also agrees to be bound by the Terms and agrees to be responsible for your use of the Site and Services.
You agree to provide and maintain only true, accurate, current and complete information about yourself as part of your account. You here by consent to our access to and collection of such personal information about you in connection with the Site and the Services. You acknowledge that we will process such personal information in accordance with our Privacy Notice. You agree to provide additional information we may reasonably request and to answer truthfully and completely any questions we might ask you in order to verify your identity.
As part of the account registration process, you must select a username and password. You are solely responsible for maintaining the confidentiality of your password and account. You may not authorize others to use your account, and you may not sell, share, assign, license, or otherwise transfer your account, login information, or any other account rights or obligations to any other person or entity. The Bare Facts shall be entitled to assume that a user presenting your username and password is, in fact, you. You are responsible for your account and all the activity on it. You are responsible for maintaining the confidentiality of your password and account. We are not liable for any loss or damage arising from your failure to protect your password or your account. You agree to immediately notify us of any unauthorized use of your password or account or any other breach of security of which you are aware or suspect.
By registering for an account, you hereby authorize The Bare Facts to send you emails and other communications.
You represent and warrant that you are not a competitor of The Bare Facts and are not using the Services in competition with The Bare Facts. You further represent and warrant that you are using the Services solely for personal reasons only.
WE RESERVE THE RIGHT TO REFUSE USE OF THE SERVICES TO ANYONE AND TO REJECT, CANCEL, INTERRUPT, REMOVE OR SUSPEND ANY USER OR THE SERVICES AT ANY TIME FOR ANY REASON WITHOUT LIABILITY. If your account is suspended from using the Services by us at any time, you are not eligible to use the Services under any account until we reinstate access to your suspended account.
We reserve the right to refuse use of the Services to anyone and to reject, cancel, interrupt, remove or suspend any user or the Services at any time for any reason without liability. If your account is suspended from using the Services by us at any time, you are not eligible to use the Services under any account until we reinstate access to your suspended account.
FEES, ORDERS, PAYMENT AND CANCELLATION
By using the Services, you agree to pay all fees and charges incurred in connection with your subscription.
Two Month Subscriptions: If you have purchased a 2 month subscription, at the conclusion of your initial subscription, you may elect to purchase a subscription for an additional 10 months (at which point your subscription shall automatically convert to an annual subscription, which shall renew in accordance with the annual subscription paragraph below). If you do not elect to purchase the 10 month subscription, your subscription will automatically renew on a month to month basis, and we will automatically bill you for the monthly fees applicable to the renewal at the start of each month. If you wish to terminate your subscription, you must terminate your subscription by cancelling through the “my accounts” link within your account prior to the end of your current subscription period. If your subscription has renewed for the next subscription period (whether monthly or annual), you may not cancel it until the end of that subscription period.
Annual Subscriptions: If you have purchased an annual subscription, at the conclusion of your initial 12 month subscription, your subscription will automatically renew for successive 12 month terms, and we will automatically bill you for the fees applicable to the renewal on the anniversary date of subscription. If you have purchased an annual subscription, we will send you an email notification regarding your renewal prior to your renewal date. If you wish to terminate your subscription, you must terminate your subscription by cancelling through the “my accounts” link within your account prior to the end of your current subscription period. If your subscription has renewed for the next subscription period (whether monthly or annual), you may not cancel it until the end of that subscription period.
Some jurisdictions have mandatory laws applicable to cancellation rights, and this section is not intended to override such laws. If you do not make your payments when due, we may suspend your account and your access to the Services.
No refunds for any Services Fees will be granted, unless required by applicable law.
All prices are shown in U.S. dollars. Prices for our Services are subject to change. If you are an existing subscriber, we will use commercially reasonable efforts to notify you of any pricing changes via email, at the email address associated with your account. Otherwise, pricing changes will be posted on the Site.
All payments shall be made via credit card, or via the third party payment applications Venmo or Zelle. You represent and warrant that you will not use a credit card unless you have all necessary legal authorization to do so. We are not responsible for any unauthorized amounts billed to your credit card by a third party.
Credit card payment processing services are provided by third party payment providers via Third Party Applications (defined below). The terms of service and privacy policies of the applicable third party payment providers (“Payment Processor Terms”) apply to the credit card payment processing, and not these terms. By using the Services, you agree to be bound by the applicable Payment Processor Terms, as the same may be modified by the applicable third party payment processor from time to time. As a condition to our enabling credit card payment processing services through these third parties, you agree to provide us accurate and complete information about you, and you authorize us to share any such information with the third party payment processors, as well as transaction information related to your use of the payment processing services provided by third party payment processors. In all cases, standard credit card or other third party processing fees apply in addition to the Services fees. We are not responsible for the performance of any third party credit card processing or third party payment services.
USE OF THE SERVICES
Subject to your compliance with these Terms, and in consideration for the payment of applicable fees, you are granted a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Services and to view Content (defined below) made available via the Services for your personal use only. This license may not be used by or for the benefit of any other person or third party. You are authorized to use the Services only during the subscription period that you register and pay for. You are responsible for procuring and maintaining the network connections that connect you to the Services. Other than as expressly set forth in these Terms, no licenses or rights are granted to you by implication or otherwise.
THE BARE FACTS CONTENT
The Bare Facts makes available certain The Bare Facts Content via the Services. “The Bare Facts Content” includes content, information, materials, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, artwork, videos, user interfaces, and the “look and feel” of the Services, and all intellectual property rights related thereto. The Bare Facts Content is subject to change at any time without notice.
As between you and The Bare Facts, all The Bare Facts Content are owned by The Bare Facts and its licensors, and The Bare Facts retains all right, title and interest in The Bare Facts Content, including all modifications, enhancements, and derivatives of The Bare Facts Content (including any and all patents, copyrights, trade secret rights, trademarks, trade names and other proprietary rights embodied therein or associated therewith), and all copies of The Bare Facts Content. The Bare Facts and its licensors reserve all rights not expressly granted in and to The Bare Facts Content.
Use of The Bare Facts Content not expressly permitted by these Terms is strictly prohibited. The Bare Facts Content may not be downloaded, copied, reproduced, modified, distributed, transmitted, broadcast, displayed, sold, licensed or otherwise exploited for any purpose whatsoever without The Bare Facts’ prior written consent. You may not create derivative works from The Bare Facts Content without The Bare Facts’ prior written consent. You agree to respect and not remove all copyright, trademark, and other legal notices, information, and restrictions contained in The Bare Facts Content. You shall access and use The Bare Facts Content for lawful purposes only.
Subject to the terms and conditions of the Terms, during the term of your subscription only, you are hereby granted a non-exclusive, limited, non-transferable, non-sublicensable, revocable, worldwide license to access The Bare Facts Content provided by us through the Services for your personal and non-commercial use only, and solely in compliance with these Terms. The Bare Facts may terminate this license at any time for any reason or no reason.
All The Bare Facts Content is provided for general informational purposes only and is in no way intended to create a healthcare provider-patient relationship. The Bare Facts Content is intended to provide legal or medical advice. The quality of the display of The Bare Facts Content may vary from device to device and may be affected by factors outside of our control, such as your internet connection and geographic location.
Subject to these Terms and following payment by you of all fees owed hereunder, you are permitted to retain and use any The Bare Facts Content that you may have downloaded prior to termination. Subject to the terms and conditions of these Terms, The Bare Facts hereby grants You a limited right to use such The Bare Facts Content solely for your own informational purposes. You may not distribute or sell The Bare Facts Content to any person, or use, access, or modify The Bare Facts Content in order to build a competitive program, product or service. For the avoidance of doubt, you will not have continued access to any The Bare Facts Content via the Services after termination of your subscription.
THIRD PARTY CONTENT
Our Services may include access to or otherwise make available certain data, content, information, images, photographs, text, videos, information, logos, representations, comments, links, charts, graphs, graphics, and/or other materials belonging to, provided by, or made available by a third party through the Services (“Third Party Content”). THE BARE FACTS ACCEPTS NO RESPONSIBILITY OR LIABILITY FOR ANY THIRD PARTY CONTENT OR YOUR ACCESS TO OR USE OF SUCH THIRD PARTY CONTENT. WE DO NOT GUARANTEE THE ACCURACY, INTEGRITY, APPROPRIATENESS OR QUALITY OF ANY THIRD PARTY CONTENT. THIRD PARTY CONTENT HAS NOT BEEN VERIFIED OR APPROVED BY US, AND WE HAVE NO OBLIGATION TO PRE-SCREEN, MONITOR, REVIEW, OR EDIT ANY THIRD PARTY CONTENT. YOU ACKNOWLEDGE THAT THIRD PARTY CONTENT IS THE SOLE RESPONSIBILITY AND LIABILITY OF THE THIRD PARTY FROM WHOM THE THIRD PARTY CONTENT ORIGINATED. THE BARE FACTS IS NOT RESPONSIBLE FOR, AND DOES NOT ENDORSE, THE OPINIONS, ADVICE, SUGGESTIONS OR RECOMMENDATIONS POSTED IN ANY THIRD PARTY CONTENT. YOU ACKNOWLEDGE AND AGREE THAT WHEN YOU VIEW THIRD PARTY CONTENT PROVIDED BY OTHERS ON THE SERVICES, YOU ARE DOING SO AT YOUR OWN RISK. UNDER NO CIRCUMSTANCES WILL WE BE LIABLE IN ANY WAY FOR ANY THIRD PARTY CONTENT.
RESTRICTIONS ON USE
You shall not (and shall not permit others to): (a) copy the look-and-feel or functionality of the Services or Content (where “Content” means both The Bare Facts Content and any Third Party Content); (b) remove any proprietary notices, marks, labels, or logos from the Services or Content; (c) change, alter, modify, decompile, disassemble, translate, reverse engineer, create derivative works, transfer, mirror or frame, sell, resell, rent, lease, sublease, loan, translate, merge, adapt, vary, distribute, perform, publish, sublicense, transfer or otherwise exploit the Services, the Content or any portion thereof; (d) you may not attempt to derive the source code or the inner workings of the Services or use the Services or Content in order to create a competitive product or service; (e) you may not archive, download reproduce, duplicate, bootleg, or otherwise make any copies of the Services or Content. This license does not allow you to distribute or make the Services or Content available over a network where it could be used by multiple devices at the same time. Without our express written consent in each instance, you may not: (1) use the Services or Content for any commercial or unauthorized purpose, including communicating or facilitating any commercial advertisement or solicitation or spamming; (2) incorporate the Services or Content in any other program or product. You may not publicly perform the Services or Content. You also agree not to circumvent, remove, alter, deactivate, degrade or thwart any of the content protections in the Services or Content.
You may not use the Services or Content for any illegal, unlawful or unauthorized purpose, or to solicit others to perform or participate in any unlawful acts. In the using the Services and Content, you warrant that you will not violate any international, federal, state or local laws, rules, regulations or ordinances. You must not upload or transmit any worms, viruses, bots, Trojans, back doors, or any malicious or destructive code of any kind to the App, or any code that will affect the functionality or accessibility of the Services or Content. You may not use the account of any other user. You will not use the Services, or Content to (a) impersonate any person or entity, or submit false or misleading information (such as using a false e-mail address or pretending to be someone other than yourself) or otherwise misrepresent you or your affiliation with any person or entity; (b) collect or track the personal information of others or use any data mining, data gathering, or extraction method; (c) use any robot, spider, scraper, bot, crawler, script, or other automated means to access the Services, collect information from, or otherwise interact with the App or Services; or (d) to interfere with or circumvent the security features of the Services. You will not to use the Services or Content in or for the benefit of a country, organization, entity, or person embargoed or blocked by the United States government, including those on sanctions lists identified by the United States Office of Foreign Asset Control (OFAC). A breach or violation of any Terms may result in an immediate termination or suspension of your ability to access the Services and Content.
You may not use the Services in a manner that (a) is discriminatory, including discrimination based on race, sex, gender, gender identity, religion, nationality, disability, sexual orientation or age; (b) may create a conflict of interest or undermine the purposes of the Services; (c) includes any private information, personal information, or confidential information of any third party or person; (d) is defamatory of any person, illegal, obscene, offensive, pornographic, hateful or inflammatory or of a violent nature; (e) constitutes, encourages or provide instructions for criminal or unlawful acts; and (f) is intended to defame, abuse, impersonate, intimidate, harass, harm, or bully any person, or contains a threat of any kind.
We reserve the right, at any time and without prior notice, to remove or disable access to Content at our discretion for any reason or no reason.
You will indemnify, defend hold harmless, and release The Bare Facts from and against any and all costs, liabilities, losses, and expenses (including reasonable attorneys’ fees), claims, suits, actions, or proceedings relating to your violation of these Restrictions On Use.
BETA SERVICES
From time to time, The Bare Facts may, in its sole discretion, invite you to use, on a trial basis, pre-release or beta features that are in development and not yet available to the public (“Beta Services”). Beta Services may be subject to additional terms and conditions, which The Bare Facts will provide to you prior to your use of the Beta Services. Such Beta Services and all associated conversations and materials relating thereto will be considered Confidential Information of The Bare Facts and subject to the confidentiality provisions in these Terms. The Bare Facts makes no representations or warranties that the Beta Services will function. The Bare Facts may discontinue the Beta Services, as with any of the Services, at any time in its sole discretion. The Bare Facts will have no liability for any harm or damage arising out of or in connection with a Beta Service or any of the Services. The Beta Services may not work in the same way as a final version. The Bare Facts may change or not release a final or commercial version of a Beta Service at our sole discretion.
INTELLECTUAL PROPERTY
Our Services and Content are protected by various intellectual property laws which may include patent, copyright, trade secret, trademark, and trade names protection. You agree to respect all copyright and other legal notices, information, and restrictions contained in the Services and Content.
You acknowledge and agree that the Services and The Bare Facts Content are proprietary to The Bare Facts Analytics and its licensors and that The Bare Facts and/or its licensors retain exclusive ownership of the Services and The Bare Facts Content, including all modifications, enhancements, derivatives, and other software, documentation and materials relating to the Services and The Bare Facts Content (including any and all patents, copyrights, trade secret rights, trademarks, trade names and other proprietary rights embodied therein or associated therewith), and all copies thereof.
The Bare Facts name and logo are trademarks of The Bare Facts, and may not be copied, imitated or used, in whole or in part, without the prior written permission of The Bare Facts.
THIRD PARTY APPLICATIONS
The Services may contain links to third party sites, services, networks, platforms, or apps (“Third Party Applications”), including but not limited to third party payment platforms and credit card processors (such as Venmo, Zelle, Stripe, and Dubsado). However, please be aware that The Bare Facts is not responsible for and cannot control the terms of service or privacy policies of such Third Party Applications. We encourage you to read the applicable agreements for all Third Party Applications. These Terms applies solely to these Services. The Bare Facts is not responsible for and makes no representations or warranties regarding Third Party Applications, including without limitation, the content, accuracy, opinions, functionality, or services provided in such Third Party Applications. Inclusion of any Third Party Applications in the Services does not imply approval or endorsement by The Bare Facts. If You decide to access any Third Party Applications, then You do so at your own risk. The Bare Facts makes no representations or warranties regarding your use of any Third Party Applications, which shall be governed by a separate agreement between your and the owners of such Third Party Applications. You agree that The Bare Facts has no liability whatsoever for the Third Party Applications, including, without limitation, providing continued access to the Third Party Applications, technical issues related to the Third Party Applications or their interaction with the Services, and any damages or claims caused by, arising out of or relating to the Third Party Applications. Any correspondence and business dealings with third parties via the Services are solely between you and the third party.
We may exchange information (including, without limitation, Account Information) with the third party providers of Third Party Applications in order to facilitate the provision of Services. Where such information consists of Personal Data (as defined in the Privacy Notice), it will only be shared in accordance with the Privacy Notice.
DIGITAL MILLENNIUM COPYRIGHT ACT
We respect intellectual property rights. If you are a copyright owner or exclusive copyright holder, or are authorized to act on behalf of one, and believe that any material or Content available on our Site or in the Services infringes upon your copyrights, please submit a notification of the alleged copyright infringement to the contact provided below in accordance with the Digital Millennium Copyright Act (“DMCA”) by providing all the following information: (1) the full legal name and a physical or electronic signature of the person authorized to act on behalf of the copyright owner/exclusive licensor; (2) identification of the copyrighted work that you claim has been infringed, or, if multiple copyrighted works at a single online site are covered by this the notification, a representative list of the copyrighted works; (3) identification of the material that is claimed to be infringing (or to be the subject of infringing activity) and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material (including URL(s) if possible); (4) your name, address, telephone number, email address, and/or any other information reasonably sufficient to allow us to contact you. Your notification must also include statements regarding the following: (A) You have good faith believe that use of the material in the manner described in this notification is not authorized by the copyright owner, its agent or the law; and (B) the information contained in this notification is accurate, and under penalty of perjury, you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. You acknowledge that if you fail to comply with all the requirements above, your DMCA notice may not be valid. Please see 17 U.S.C. § 512 for more information regarding the DMCA and DMCA notifications. We also recommend that you consider consulting legal counsel.
Please deliver the notification to:
By Email: INSERT
By Mail: INSERT
FEEDBACK
If you send us you send ideas, comments, suggestions, proposals, plans, or other materials related to the Services or Content, whether online, by email, by postal mail, or otherwise (collectively, “Feedback”), you agree that we may, at any time, without restriction use, sell, disclose, and otherwise fully exploit in any medium any Feedback that you provide to us for any purpose whatsoever, commercial or otherwise, without restriction, without attribution and without compensation to you. Feedback is not confidential. We are and shall be under no obligation to respond to any Feedback.
DISCLAIMERS
The Services and Content are provided for informational and educational purposes only and are not medical advice. No matter the qualifications of the persons providing the Services and Content, You expressly acknowledge that any health professional participating in the Services or providing the Content does not have a provider-patient relationship with You or any person accessing or using the Services. The Services and Content is not a substitute for medical care.
This Services and Content are intended to offer general guidance regarding sexual health. Content reflects available information at the time it was written. Each individual and situation is unique and some of the recommendations contained in the Services and Content will not apply to all individuals.
You should refer all medical and health-related inquiries to appropriately qualified medical professionals and practitioners. Never disregard or delay in seeking medical advice as a result of information you received as part of the Services or the Content. Always seek the advice of a physician or other qualified health care provider concerning questions you have regarding a medical or other health condition and before stopping, starting, or modifying any treatment or medication. If someone is sick, injured, or otherwise in need of medical attention, please call 911 or contact the individual’s regular health care provider immediately.
THE SERVICES AND CONTENT ARE PROVIDED “AS-IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND. WE DO NOT GUARANTEE, REPRESENT OR WARRANT THAT YOUR USE OF OR ACCESS TO THE SERVICES, CONTENT WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. WE DO NOT WARRANT THAT THE SERVICES OR CONTENT WILL BE ACCURATE. COMPLETE, OR RELIABLE. YOU SHOULD NOT RELY ON ANY SUCH INFORMATION FOR DECISION-MAKING PURPOSES. WE DO NOT WARRANT THAT THE SERVICES OR CONTENT WILL MEET YOUR REQUIREMENTS. WE MAKE NOT REPRESENTATIONS OR WARRANTIES REGARDING HOW THE CONTENT WILL APPEAR YOUR SPECIFIC DEVICE. YOU AGREE THAT FROM TIME TO TIME WE MAY REMOVE ALL OR PART OF THE SERVICES AND/OR CONTENT FOR INDEFINITE PERIODS OF TIME WITHOUT NOTICE TO YOU. YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE SERVICES AND CONTENT IS AT YOUR SOLE RISK. WITHOUT LIMITING THE FOREGOING, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, QUIET ENJOYMENT, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.
LIMITATION OF LIABILITY
WE SHALL NOT BE LIABLE TO YOU FOR ANY LOSSES, WHETHER IN CONTRACT, TORT, STATUTORY DUTY OR OTHERWISE (INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES), THAT ARE DIRECTLY OR INDIRECTLY RELATED TO: (A) YOUR ACCESS AND USE OF THE SERVICES OR THAT OF THIRD PARTIES; (B) THE BARE FACTS CONTENT OR ANY THIRD PARTY CONTENT MADE AVAILABLE TO YOU VIA THE SERVICES, (C) YOUR INABILITY TO USE THE SERVICES; (D) ANY THIRD PARTY CLAIM OF INTELLECTUAL PROPERTY INFRINGEMENT IN RELATION TO ANY THIRD PARTY CONTENT; (E) ANY DAMAGE TO ANY DEVICES, INCLUDING ANY COMPUTER, MOBILE DEVICE, OR OTHER EQUIPMENT OR TECHNOLOGY, INCLUDING BUT NOT LIMITED TO ANY DAMAGE WHICH RESULTS FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUG, MALWARE OR FRAUD; OR (F) ACCURACY OF INFORMATION OR RESULTS; WHETHER OR NOT SUCH LOSSES ARE FORESEEABLE AND REGARDLESS OF WHETHER WE HAVE BEEN ADVISED OR, OR SHOULD HAVE KNOWN ABOUT, THE POSSIBILITY OF SUCH DAMAGES.
IN NO CASE SHALL THE BARE FACTS, OUR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, INTERNS, SUPPLIERS, SERVICE PROVIDERS OR LICENSORS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, LOST CONTRIBUTIONS, LOSS OF GOODWILL, LOST SAVINGS, LOSS OF DATA, LOSS OF CONTENT, SERVICE INTERRUPTION, COMPUTER DAMAGE, SYSTEM FAILURE, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, PRODUCT LIABILITY, OR OTHERWISE, ARISING FROM THESE TERMS, YOUR USE OF ANY OF THE SERVICES OR CONTENT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY OF THE SERVICES OR CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICES OR ANY CONTENT MADE AVAILABLE VIA THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF THE LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES.
THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN ANY SUCH JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
TO THE MAXIUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES, CONTENT OR YOUR USER CONTENT EXCEED THE SUBSCRIPTION FEES ACTUALLY PAID BY YOU IN THE SIX MONTH PERIOD IMMEDIATELY LEADING UP TO THE EVENTS GIVING RISE TO THE CLAIM.
TERMINATION
You may stop using the Services at any time. You may delete your account at any time.
We may suspend or terminate your use of the Services and/or Content immediately and without liability to you if you violate these Terms, or if your continued use of the Services or Content would cause a risk of harm or loss to us, our other users, or any third party.
No refunds shall be provided if you elect to stop using the Services before the end of your subscription period. You remain liable for your payment obligations made by you prior to any termination or deletion, including without limitation, the remainder of subscription period registered to your account.
Upon any termination or expiration of these Terms for any reason: (i) we shall no longer provide the applicable Services to You and You and You shall cease using the Services; (ii) we may deactivate and/or delete your user account and you agree not to attempt to access your user account, or create any other user account without our prior written consent; (iii) you must immediately remove the App from all devices; and (iv) you must immediately cease all activities authorized by these Terms.
Except as expressly provided herein, termination of these Terms by either party will be a nonexclusive remedy for The Bare Facts and will be without prejudice to any other right or remedy of The Bare Facts. Provisions which by their nature should survive termination of these Terms shall survive any such termination.
AVAILABILITY, DISCONTINUATION
The Services are intended for use in the United States of America. Not all Services or Updates may be available in all geographic areas or to all users. We may, in our sole discretion, decide to modify, improve, or discontinue all or part of the Services or Content at any time, with or without notice, and without liability to you. If you have an active subscription, where reasonably practicable to do so, we may elect to give prior written notice if we terminate the Services in their entirety pursuant to this paragraph.
If you have an active subscription and we terminate the Services in their entirety pursuant to this Discontinuation provision, as our sole liability for such discontinuation, we shall refund a pro-rated portion any pre-paid fees for a subscription to the Services you have not received, calculated as of the date of termination if the discontinuation occurs before the end of any subscription for which you have paid. For the avoidance of doubt, you will not receive a refund of fees if we terminate these Terms or your access to the Services for your breach of these Terms.
THE BARE FACTS SHALL NOT BE LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT IS CAUSED BY OR ARISES FROM OR IN CONNECTION WITH ANY SUCH DISCONTINUATION OF SERVICES. You may also deactivate your user account at any point from your account settings within the App.
DISPUTES
YOU AGREE THAT ALL DISPUTES BETWEEN YOU AND US OR ANY OF OUR OFFICERS, DIRECTORS OR EMPLOYEES ACTING IN THEIR CAPACITY AS SUCH (WHETHER OR NOT SUCH DISPUTE INVOLVES A THIRD PARTY) WITH REGARD TO YOUR RELATIONSHIP WITH US, INCLUDING WITHOUT LIMITATION DISPUTES RELATED TO THESE TERMS, YOUR USE OF THE SERVICES, AND/OR RIGHTS OF PRIVACY AND/OR PUBLICITY, WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION UNDER THE JAMS, INC. (“JAMS”) RULES FOR ARBITRATION OF CONSUMER-RELATED DISPUTES. ARBITRATION SHALL TAKE PLACE IN BOSTON, MASSACHUSETTS. ANY PROVISION OF APPLICABLE LAW NOTWITHSTANDING, THE ARBITRATOR WILL NOT HAVE AUTHORITY TO AWARD DAMAGES, REMEDIES OR AWARDS THAT CONFLICT WITH THESE TERMS. YOU AND WE HEREBY EXPRESSLY WAIVE TRIAL BY JURY; PROVIDED, HOWEVER, THAT WE OR YOU MAY SEEK INJUNCTIVE OR OTHER EQUITABLE RELIEF IN ANY STATE OR FEDERAL COURT HAVING JURISDICTION TO GRANT IT IN THE EVENT OF AN ACTUAL OR THREATENED INFRINGEMENT OR MISAPPROPRIATION OF INTELLECTUAL PROPERTY RIGHTS. DISCOVERY AND RIGHTS TO APPEAL IN ARBITRATION ARE GENERALLY MORE LIMITED THAN IN A LAWSUIT, AND OTHER RIGHTS THAT YOU AND WE WOULD HAVE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION.
As an alternative, you may bring your claim in your local small claims court (to the extent permitted) unless such action is transferred, removed or appealed to a different court. You may bring claims only on your own behalf. Neither you nor we will participate in a class action or class-wide arbitration for any claims covered by this agreement to arbitrate. YOU ARE GIVING UP YOUR RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM YOU MAY HAVE AGAINST US INCLUDING WITHOUT LIMITATION ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS. You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person’s account, if we are a party to the proceeding.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to or connected with the use of the Services or these Terms must be filed by you within one (1) year after such claim of action arose or be forever banned.
If you do not wish to be bound by the arbitration and class-action waiver provisions in this Disputes section, you must notify us in writing within thirty (30) days of the date that you first accept these Terms (unless a longer period is required by applicable law), and then you must litigate any disputes against us in accordance with Massachusetts law. Your written notification must be mailed to us at the address set out at the end of these Terms. If you do not notify us in accordance with this paragraph, you agree to be bound by the terms of this Disputes section, including without limitation the arbitration and class-action waiver provisions, and further including such provisions in any revisions we make to these Terms after the date of your first acceptance. Such notification must include: (i) your name; (ii) your email and mailing address, and (iii) a statement that you do not wish to resolve disputes with us through arbitration or waive your ability to participate in a class action. If we make any changes to this Disputes section (other than a change to the address at which we will receive notices or rejections of future changes to this Disputes section), you may reject any such change by sending us written notice, within thirty (30) days of the change, to the address set out at the end of these Terms. It is not necessary to send us a rejection of a future change to this Disputes section if you had properly opted out within the first thirty (30) days after you first accepted the provisions in this Disputes section. If you have not properly opted out, then by rejecting a future change, you are agreeing that you will arbitrate any dispute between us in accordance infowith the language of this Disputes section, as modified by any changes you did not reject.
FORCE MAJEURE
The Bare Facts shall not have any liability for any failure to perform obligations under these Terms if such failure is caused by fire, flood, natural disaster, epidemic, act of God, strike, civil unrest, riot, insurrection, revolution, war, terrorism, lack or failure of suppliers or transportation facilities, failure of utilities or telecommunications, failure of third party software, law or governmental regulation or other cause or event which is of a magnitude or a type beyond the reasonable control of The Bare Facts or such other party.
EXPORT CONTROL
You agree to comply with all U.S. and foreign export laws regarding the importation and exportation of goods and services. You represent and warrant that (i) you are not located in any country to which the United States has embargoed goods or has designated as a “terrorist supporting” country; and (ii) you are not listed on any United States list of prohibited or restricted parties.
NOTICES
If any condition in these Terms requires you to give us notice in writing, you can send this to us via the contact form found in our website [INSERT] or by prepaid post to The Bare Facts INSERT ADDRESS. We will confirm receipt of this by contacting you in writing, normally by e-mail.
If we have to give you notice in writing, we will do so by e-mail to the address you provide to us. You agree to receive messages, including notices and marketing materials, through the Services or through your contact email. It is your responsibility to ensure The Bare Facts has your current email address. Any notice sent to you via such email address by The Bare Facts shall be deemed given, received, and read by you, whether or not it actually is received and/or read.
CONSENT TO ELECTRONIC COMMUNICATIONS
You agree that we may communicate with you electronically by secure or insecure emails, text messages, in-App communications, posting notices to the Website or App, or by any other electronic means. These communications may include important legal or privacy notices, appointment reminders or other administrative information, and/or your confidential personal information including, but not limited to, your login or account information, protected health information, insurance and payment information, and communications from your health care providers.
You agree that it is your responsibility to provide us with private email addresses and phone numbers which are connected to accounts and devices that are secured and accessible only by you. We are not responsible if your family member, friend, company, or another person accesses your email account or device and views communications to or from us. You agree to notify us immediately if your email address or phone number changes. If you do not keep your contact information up to date, we are not responsible if we send communications to the wrong email address or phone number. Even if you take appropriate precautions to secure your accounts and devices, you acknowledge that we cannot guarantee the security of information transmitted electronically over the internet. You acknowledge that there is a risk that a third party could intercept or view electronic communications, including any confidential information or protected health information contained in them. You further acknowledge that insecure emails, text messages, and push notifications carry a higher risk of interception because they are not encrypted. You fully accept these risks and authorize us to communicate with you via all electronic means despite these risks.
You may opt out of a limited number of electronic communications through your account settings or by following the unsubscribe instructions in any communication you receive from us. If you withdraw your consent to receive communications electronically, certain Services may become unavailable to you. Your withdrawal of consent will not affect the legal validity or enforceability of the Terms provided to, and accepted by, you.
We take our responsibility to safeguard the privacy and security of your confidential personal information very seriously. Our Privacy Notice explains how we use the personal information that you provide to us.
MISCELLANEOUS
Except as otherwise stated herein, these Terms constitutes the entire agreement and understanding between you and us and govern your use of the Services, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms). The failure of The Bare Facts to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms, and such determination shall not affect the validity and enforceability of any other remaining provisions. These Terms shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, without regard to its conflict of laws provision. These Terms are personal to you. You cannot assign them, transfer them, or sublicense them unless you get our prior written consent. We have the right to assign, transfer, or delegate any of its rights and obligations under these Terms without your consent. In the event of a conflict between these the English language version of the Terms and any foreign language translation versions thereof, the English language version of the Terms shall govern and control. All disputes, claims and causes of action (and related proceedings) will be communicated in English.
MOBILE DEVICES/CARRIER CHARGES
Certain portions of the Services may be configured for mobile devices, mobile websites, and/or mobile applications (collectively, “Mobile Media”). This Terms shall apply with equal force and measure to your access and use of the Services through Mobile Media. If you visit, access, or use the Services through Mobile Media, then you hereby acknowledge and agree that information about your use of the Services through a mobile device and/or a mobile device carrier (such as, by way of example only, the identity of the mobile device, and/or the mobile device carrier) may be communicated to The Bare Facts; and that you accept full responsibility for all mobile device and carrier fees, rates, and charges that may apply, if any. The data fees, rates, and charges of your mobile device carrier may apply to your visit, access, and/or use of the Services. The Bare Facts is not responsible for, and you further accept full responsibility for, all mobile device and carrier fees, rates, and charges that may apply, if any.
APPLE APP STORE
The following addresses certain matters with respect to Apple Inc. (“Apple”) and/or the so-called “Usage Rules” set forth in Apple’s App Store Terms of Service (located at http://www.apple.com/legal/internet-services/itunes/us/terms.html) as of the effective date hereof (“Apple’s Usage Rules”): The Parties hereby acknowledge that:
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these Terms is between the Parties only, and not with Apple;
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Apple is not responsible for the Services, or the content thereof;
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Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Services;
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Apple has no warranty obligations, whether express or implied;
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Apple is not responsible for addressing any claims you or any third party have or may have relating to any of the Services or your possession and/or use of any of the Services, including, without limitation, (i) product liability claims, (ii) any claim that such Services fail to conform to any applicable legal or regulatory requirement, (iii) claims arising under consumer production or similar legislation, and (iv) intellectual property infringement claims;
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these Terms’ usage rules for the Services are not intended to be less restrictive than Apple’s Usage Rules;
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Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms; and
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Upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary hereof.
If you download, access, or use any of the Services from or through Apple’s App Store, then the limited license granted to you hereunder with respect to such Services is hereby amended to add the following restriction: you may not use such Services on any device other than the Apple-brand device (e.g., iPhone, iPod Touch, iPad) that you own or control, or in any manner that is contrary to Apple’s Usage Rules.
CONTACT US
Questions about these Terms should be sent to: INSERT
You may also reach us by mail at:
INSERT ADDRESS
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