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Last Updated: January 23, 2025
Terms of Use Agreement
1. Acceptance of Terms of Use and Amendments.
You are visiting a website owned by FullBeaker, Inc. This Terms of Use Agreement (“Agreement”) applies to all websites owned or operated by FullBeaker, Inc. and its affiliates and subsidiaries (“Websites” or each individually “Website”) on which this Agreement or a link thereto is displayed. This Agreement also applies to your use of any goods, facilities, or services offered through the Websites (collectively “Services”), regardless of where or how they are accessed, including but not limited to via a desktop computer or mobile device. It is important that you read the entire Agreement carefully as some provisions affect your legal rights. The Agreement includes an agreement to resolve any disputes between you and us through binding arbitration, a class action waiver, as well as other important disclaimers, warranties, and limitations on liability.
By accessing, browsing, or using the Websites, you acknowledge that you have read, fully understand, and provide your ESIGN signature to agree to the terms of this Agreement, as well as our Privacy Policy, which is incorporated into this Agreement by reference.
For purposes of this Agreement:
We reserve the right, at our sole discretion, to change or modify the Websites or this Agreement (or any portion thereof) at any time. Such changes and modifications become effective immediately upon posting on the Websites. You agree to review this Agreement for any such change upon your use of the Websites and that your continued use of the Websites or Services constitutes your acceptance of such changes and modifications. The Websites and Services are intended for individuals at least 18 years old and accessing the internet from a physical location within the United States. By using or accessing the Websites or Services, you acknowledge that you are at least 18 years old and accessing the internet from a physical location within the United States.
2. Privacy Policy.
Our Privacy Policy, incorporated into this Agreement by reference, explains how we use, disclose, and protect your information as part of our Services.
As outlined in our Privacy Policy, by providing us with personal information as part of your use of our Websites or Services, you agree that we may retain all such information for the purposes and uses listed and that we may share your information with certain affiliates, non-affiliates, and other third parties. You acknowledge that certain state and federal laws may require us to securely store and maintain information you provide and that such information may not be able to be deleted, removed, purged, or destroyed until the expiration of certain prescribed retention periods or at all.
As a licensed entity, FullBeaker is periodically examined by government regulators and as such is required to maintain certain personal information to adhere to and demonstrate compliance with certain laws and regulations. After you are matched with a Provider, your information may also be obtained from Providers to adhere to and demonstrate compliance with various regulatory reporting and record retention requirements. You authorize FullBeaker and its participating Providers to share such information as required.
3. Third Party Services.
Goods and services of third parties may be advertised and/or made available on or through the Websites, and in some cases we may receive compensation from companies whose products and services appear on the Websites. Representations made regarding products and services provided by third parties are governed by the policies and representations made by these third parties. We are not liable for or responsible in any manner for any of your dealings or interaction with third parties.
4. Notification of Claims Infringement
legal@fullbeaker.com
or:
Copyright Agent
FullBeaker, Inc
200 112th Avenue NE, Suite 310
Bellevue, WA 98004
Please provide our Agent with the following Notice:
a) Identify the material on the site that you claim is infringing, with enough detail so that we may locate it on the website;
b) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
c) A statement by you declaring under penalty of perjury that (1) the above information in your Notice is accurate, and (2) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner;
d) Your address, telephone number, and email address; and
e) Your physical or electronic signature.
We will remove the infringing material, subject to the procedures outlined in the Digital Millennium Copyright Act (DMCA).
5. Disclaimers of Warranties.
THE WEBSITES AND SERVICES ARE PROVIDED FOR USE “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTY OR CONDITION OF ANY KIND. FULLBEAKER DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND, WHETHER STATUTORY, EXPRESS, OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, ACCURACY, TITLE AND NON-INFRINGEMENT, AND ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. FULLBEAKER DOES NOT WARRANT OR REPRESENT THAT THE WEBSITES OR SERVICES WILL PROVIDE SPECIFIC RESULTS OR BE COMPLETE, ACCURATE, RELIABLE, SUITABLE, ERROR-FREE, AVAILABLE, OR UNINTERRUPTED FOR ANY PURPOSE. YOU AGREE THAT FULLBEAKER IS NOT RESPONSIBLE FOR ANY ERRORS OR DELAYS IN THE COMPLETION OR TRANSMISSION OF A REQUEST FOR A FINANCIAL PRODUCT OR SERVICE, INCLUDING BUT NOT LIMITED TO SUCH ERRORS OR DELAYS CAUSED BY INCORRECT INFORMATION PROVIDED BY YOU OR TECHNICAL PROBLEMS BEYOND OUR REASONABLE CONTROL. FULLBEAKER EXPRESSLY DISCLAIMS ANY LIABILITY FOR ANY ERRORS OR OMISSIONS IN OUR CONTENT, SERVICES, OR OTHER INFORMATION, TOOLS, OR ANALYSES AVAILABLE THROUGH OUR WEBSITES. ADDITIONALLY, THE REFERENCE, INCLUSION, OR OFFERING OF ANY PRODUCTS OR SERVICES ON THE WEBSITES DOES NOT CONSTITUTE ANY ENDORSEMENT OR RECOMMENDATION OF SUCH PRODUCTS OR SERVICES BY FULLBEAKER. ANY RELIANCE YOU PLACE ON THE WEBSITES OR SERVICES IS STRICTLY AT YOUR OWN DISCRETION AND RISK. UNDER NO CIRCUMSTANCES WILL FULLBEAKER BE LIABLE FOR ANY DAMAGES WHATSOEVER ARISING OUT OF YOUR RELIANCE ON OR USE OF (1) ANY ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM OR THROUGH US; OR (2) THE WEBSITES, SERVICES, OR OTHER ITEMS OR INFORMATION LOCATED ON OR ACCESSIBLE VIA THE WEBSITES. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY, INCLUDING BUT NOT LIMITED TO, ANY COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH OUR SERVICES, OR THE LOSS OF DATA THAT MAY RESULT FROM THE USE OF OUR SERVICES OR THE USE OF ANY CONTENT AVAILABLE THROUGH OUR SERVICES. Some jurisdictions may not allow disclaimers of implied warranties and the above disclaimer may not apply to you only as it relates to implied warranties.
6. Indemnification.
You agree to defend (if requested by us), indemnify and hold harmless FullBeaker, our subsidiaries, affiliates, related parties, officers, directors, employees, agents, independent contractors, advertisers, partners, and co-branders (“FullBeaker Parties”) from and against any and all claims, losses, liabilities, demands, expenses ( including reasonable attorney’s fees), and damages incurred by a FullBeaker Party in connection with any claim by any third party, that is due to or arising out of or relating to your use of the Websites or Services, your violation or alleged violation of this Agreement, your violation or alleged violation of any applicable law, or any other violation of the rights of another person or party. You agree not to settle any such claim or matter without FullBeaker’s prior written consent. The FullBeaker Parties reserve the right, at their own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, and you further agree that you will cooperate fully in the defense of any such claims.
7. Limitation on Damages.
FULLBEAKER’S LIABILITY, IF ANY, SHALL BE LIMITED TO DIRECT AND FORESEEABLE DAMAGES, WHICH SHALL NOT EXCEED THE AMOUNT PROVIDED BELOW. UNDER NO CIRCUMSTANCES SHALL FULLBEAKER BE LIABLE TO YOU OR ANY THIRD PARTY FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, STATUTORY, PUNITIVE, OR EXEMPLARY DAMAGES (SUCH AS, BUT NOT LIMITED TO, LOSS OF REVENUE, LOSS OF ANTICIPATED PROFITS, LOSS OF BUSINESS, LOSS OF OR DAMAGE TO DATA, LOSS OF USE, LOSS OF GOODWILL, BUSINESS INTERRUPTION, EMOTIONAL DISTRESS, OR ANY OTHER INTANGIBLE LOSSES) ARISING OUT OF OR RELATING IN ANY WAY TO OUR WEBSITES OR SERVICES. NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT OR AS REQUIRED BY APPLICABLE LAW, IN NO EVENT SHALL FULLBEAKER’S TOTAL LIABILITY EXCEED IN THE AGGREGATE ONE HUNDRED U.S. DOLLARS ($100.00). THESE LIMITATIONS AND EXCLUSIONS APPLY EVEN IF THIS REMEDY DOES NOT FULLY COMPENSATE YOU OR ANY THIRD PARTY FOR ANY LOSSES. THESE LIMITATIONS AND EXCLUSIONS APPLY TO ANY CLAIMS RELATED TO THIS AGREEMENT OR TO THE SERVICES TO THE MAXIMUM EXTENT PERMITTED BY LAW.
8. Dispute Resolution and Arbitration.
YOU AND FULLBEAKER AGREE THAT ANY DISPUTE BETWEEN YOU AND US (AND/OR ANY PROVIDER), INCLUDING WITHOUT LIMITATION, DISPUTES RELATING TO THE WEBSITES OR SERVICES (INCLUDING, WITHOUT LIMITATION, CLAIMS RELATING TO THE TELEPHONE CONSUMER PROTECTION ACT OF 1991 (“TCPA”) OR STATE CLAIMS SIMILAR TO THE TCPA) (“DISPUTE”), SHALL BE FINALLY AND EXCLUSIVELY RESOLVED BY BINDING INDIVIDUAL ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (“AAA”) IN ACCORDANCE WITH THE AAA’S CONSUMER ARBITRATION RULES. DISPUTES WILL BE ARBITRATED AT A HEARING CONDUCTED IN SEATTLE, WASHINGTON. THE ARBITRATOR(S) SHALL HAVE NO AUTHORITY TO DEVIATE FROM THE LAW, AND THE ARBITRATOR(S) SHALL MAKE ALL REASONABLE EFFORTS TO EXPEDITE THE ARBITRATION PROCEEDINGS AND TO LIMIT DISCOVERY. THIS MEANS THAT YOU WILL NOT BE ABLE TO LITIGATE ANY SUCH DISPUTE IN COURT, INCLUDING ON AN INDIVIDUAL OR CLASS-ACTION BASIS, AND THAT YOU AGREE TO WAIVE YOUR RIGHT TO A JURY TRIAL.
You agree that no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement. Arbitration must be on an individual basis. You may not join or consolidate claims in arbitration or arbitrate any claims as a representative or member of a class or in a private attorney general capacity.
You agree that any dispute or disagreement regarding the enforceability, applicability, or interpretation of any provision of this Agreement, including the provisions regarding dispute resolution and arbitration, is a Dispute subject to the arbitration provisions herein and shall be resolved by an arbitrator.
You agree that any dispute or cause of action arising out of or related to the Websites or Services must be commenced within one year from the later of (1) when the dispute or cause of action accrued, or (2) when you should have known about or discovered the accrual of the dispute or cause of action through the exercise of reasonable diligence. If you do not commence a dispute or cause of action in accordance with these requirements, such cause of action is waived and permanently barred. You agree that any dispute or disagreement regarding whether your alleged dispute or cause of action is time-barred is a Dispute subject to the arbitration provisions herein and shall be resolved by an arbitrator.
9. Governing Law.
This Agreement, and any disputes arising out of or related to this Agreement or the Websites or Services, is governed by the laws of the State of Washington without regard to any conflicts of laws provisions. If any matter proceeds in court, including post-arbitration confirmation proceedings, you agree to the exclusive personal jurisdiction by, and venue in, the state and federal courts located in King County, Washington, and you waive any objection to such jurisdiction or venue.
10. Entire Agreement.
This Agreement (including all referenced or incorporated policies, agreements, terms, and other provisions) constitutes the entire agreement between you and FullBeaker and supersedes all prior or contemporaneous oral or written agreements or other communications between you and us with respect to the subject matter hereof. In the event of a conflict between the language or terms of this Agreement and the language or terms of any policy, agreement, or terms incorporated by reference, the latter incorporated terms shall control.
11. Enforceability and Severability.
If any provision of this Agreement is be found to be unlawful, void, or unenforceable, you agree that such provision shall be given effect to the greatest extent possible, including that it be modified to the greatest extent possible to render it enforceable with respect to the dispute at issue and to reflect the intent of the Agreement to the greatest extent possible, and all remaining provisions and the Agreement as a whole shall remain in full force and effect.
12. Waiver Only in Writing.
FullBeaker’s failure to enforce any right or act with respect to any breach or alleged breach by you or others of the Agreement does not constitute a waiver of any right and will not limit FullBeaker’s rights with respect to that breach or any subsequent breaches. No waiver by FullBeaker of any of the provisions in the Agreement will be of any force or effect unless made in writing and signed by a duly authorized officer of FullBeaker.
13. Reservation of Rights.
We reserve all our rights, including but not limited to any and all copyrights, trademarks, patents, trade secrets, and any other proprietary right that we may have in the Websites, its content, and the goods and services that may be provided. The use of our rights and property requires our prior written consent. We are not providing you with any implied or express licenses or rights by making services available to you and you will have no rights to make any commercial uses of our web site or service without our prior written consent.
14. Electronic Communications/Notices and Information Delivered Electronically
Full Beaker and Providers may choose to electronically deliver all information related to its services and your requests. Full Beaker and Providers electronic communications to you may transmit or convey information about action taken on your request, portions of your request that may be incomplete or require additional explanation, any notices required under applicable law, which may include any Federal Truth-in-Lending disclosures, State disclosures, other terms, conditions and documents, and the privacy policies of Full Beaker and Providers.
You agree to receive all current and future notices, disclosures, communications and information, and to do business electronically with Full Beaker and Providers. This means that Full Beaker and Providers may communicate with you by sending a message to the email address you provided or at another address that may be associated with you that we receive from Providers or other parties. You agree that you meet the below technical requirements and are able to access and retain copies of notices and information sent or made available electronically.
Technical Requirements
To access and retain information and notices we send or make available to you electronically, you will need:
You have the right to receive any document in non-electronic form and to withdraw your consent to electronic delivery at any time by contacting Full Beaker, Inc. at (888) 926-2487 or info@fullbeaker.com.
