Effective Date: August 25, 2017
WELCOME TO BEACON TRUTHTM.
PLEASE READ AND REVIEW THESE USER TERMS CAREFULLY BEFORE ACCESSING OR USING BT PLATFORMS AS THEY AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS. THESE USER TERMS INCLUDE BUT ARE NOT LIMITED TO WAIVERS OF RIGHTS, DISPUTE RESOLUTION PROVISIONS INCLUDING A BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER, LIMITATIONS OF LIABILITY AND YOUR INDEMNIFICATION OBLIGATIONS TO BT. IF YOU DO NOT AGREE TO ANY TERM OR PROVISION OF THESE USER TERMS, YOU MAY NOT USE THE BT PLATFORMS.
BY ACCESSING OR USING THE BT PLATFORMS, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND AND AGREE, WITHOUT LIMITATION OR QUALIFICATION, TO THESE USER TERMS.
You may click on any heading to jump to the relevant portion of these User Terms. Please note that headings are provided for convenience only and may not be used to construe any of the provisions of these User Terms.
BEACON TRUTH PLATFORMS
BT provides technology platforms such as websites, mobile sites, chat functionality, telecommunications and mobile apps (collectively and including all “Content” contained therein as defined further below, “BT Platforms”). BT makes these BT Platforms available: (a) to Advisors to offer psychic services FOR ENTERTAINMENT PURPOSES ONLY (collectively “Advisor Services”) to users of the BT Platforms (“Users”); and (b) to Users to purchase and receive Advisor Services FOR ENTERTAINMENT PURPOSES ONLY.
The scope and nature of the BT Platforms may change from time to time in BT’s sole discretion and BT may, temporarily or permanently, modify or discontinue any part of the BT Platforms, with or without notice; and User agrees that BT shall not to be liable for any such modification or termination of any BT Platforms. BT may partner with third parties to create co-branded technology platforms, features or functionality. Unless otherwise provided in connection with such technology platforms, such co-branded technology platforms are included within the definition of BT Platforms.
BT PLATORMS ARE INTENDED FOR ADULTS ONLY. BY USING THE BT PLATFORMS, YOU REPRESENT AND WARRANT THAT YOU ARE AT LEAST 18 YEARS OF AGE AND LEGALLY ABLE TO ENTER INTO A CONTRACT IN THE JURISDICTION IN WHICH YOU RESIDE.
Advisor Services are provided to you by Advisors and not by BT. Advisors are independent contractors of BT (not employees).
BT does not review, evaluate or control the quality or content of Advisor Services and has no responsibility or liability for Advisor Services or for any information, opinions, responses, recommendations, predictions, advice, communications or other content published, provided or transmitted by Advisors (collectively, “Advisor Content”). BT is not responsible for verifying the skills, degrees, qualifications, licenses, credentials, background, profile or other information relating to Advisors who choose to offer Advisor Services on the BT Platforms. You are solely responsible for evaluating any the skills, degrees, qualifications, licenses, credentials, background, profile or other information relating to an Advisor. Nothing contained in these User Terms or on the BT Platforms shall be construed as a referral, endorsement, recommendation, verification, warranty or guarantee with respect to any Advisor, Advisor Services or Advisor Content.
YOU ACKNOWLEGE AND AGREE THAT BT: (A) IS NOT RESPONSIBLE FOR SCREENING OR VERIFYING THE IDENTITY, CREDENTIALS OR ADVISOR CONTENT PROVIDED OR POSTED BY, OR CREDIT WORTHINESS OF ANY ADVISOR; (B) ADVISORS ARE NOT EMPLOYEES, AGENTS OR REPRESENTATIVES OF BT; AND (C) BT HAS NO RESPONSIBILITY FOR ANY ACT OR OMISSION OF ANY ADVISOR.
ENTERTAINMENT PURPOSES ONLY
USE OF THE BT PLATFORMS IS FOR ENTERTAINMENT PURPOSES ONLY. Any consultation with an Advisor via the BT Platform cannot and does not replace a meeting with a professional such as a doctor, lawyer or financial advisor. ADVISORS ARE NOT PERMITTED TO PROVIDE FINANCIAL, MEDICAL, LEGAL OR OTHER PROFESSIONAL SERVICES USING BT PLATFORMS.
ANY OPINION, RESPONSE, ADVICE, COMMUNICATION, SUGGESTION, PREDICTION, INFORMATION AND/OR OTHER SERVICE PROVIDED OR TRANSMITTED BY ANY ADVISOR IS PROVIDED FOR ENTERTAINMENT PURPOSES ONLY AND SHOULD NOT BE USED IN PLACE OF RECOMMENDATIONS BY MEDICAL, LEGAL, FINANCIAL OR OTHER PROFESSIONALS. Never disregard or delay seeking professional medical, legal, financial or other professional assistance because of information you have read or received from Advisors or through your use of BT Platforms. Any reliance on such information is at your full and sole risk and liability; and any and all decisions that you make based in whole or in part upon such information shall be your sole and exclusive responsibility.
GEOGRAPHIC RESTRICTIONS ON USE OF BT PLATFORMS
The BT Platforms are intended to comply with the laws and regulations in the U.S. BT Platforms may not be used by residents of any jurisdiction where such use is prohibited. BT reserves the right to limit provision of the BT Platforms to any person, geographic region or jurisdiction.
ALL CONTACT WITH ADVISORS MUST BE THROUGH BT PLATFORMS
It is a violation of these User Terms for you to be in direct contact with any Advisor other than through BT Platforms or to ask any Advisor for his or her direct contact information. Any such activities in violation of these User Terms may be reported to BT by Advisors and lead to termination of your access to BT Platforms and revocation of your right to redeem any Beacon Truth Dollars.
Charges for Advisor Services are calculated based on per minute rates established by your chosen Advisor. You are charged only for the time you use measured in one-second increments by BT Platforms; BT does not round up to the nearest minute. You agree to the pricing terms published on BT Platforms when you choose to interact with an Advisor. BT has no obligation to provide alerts as to the amount of time spent interacting with Advisors on BT Platforms or the amount of fees being incurred by Users.
BT wants you to have the opportunity to ensure your chosen Advisor is a good fit for you. For this reason, BT offers the first five minutes with an Advisor without charge. After 5 minutes, the BT Platforms will bill you by the second for the time you spend with an Advisor.
DISCOUNTS AND PROMOTIONS
Unless otherwise specifically provided, any coupons, discounts or special offers are non-transferrable, valid for a limited period of time, can be used only once per User and may not be combined with any other coupon, discount or special offer.
To purchase or receive Advisor Services on BT platforms, you will need to create an account (“Your Account”). All information you provide in connection with your use of BT Platforms and Your Account must be accurate, current and complete. This includes all credit card and payment information (“Payment Method”). You agree to maintain and update such information so that it remains accurate, current and complete.
When you open Your Account, you will be asked to provide a user name and password. You are responsible for maintaining the confidentiality of your user name and password and any other security information related to Your Account. BT encourages you to change your password regularly.
YOU AGREE TO IMMEDIATELY NOTIFY BT OF ANY UNAUTHORIZED USE OF YOUR ACCOUNT OR ANY OTHER BREACH OF SECURITY.
RESPONSIBILITY FOR ACCOUNT ACTIVITY
You will be fully responsible for all activities and charges that take place or are incurred under Your Account. BT will not be liable for any loss that you incur as a result of someone else using Your Account, regardless of whether such use is with or without your knowledge. BT will hold you liable and responsible for any losses incurred by BT due to someone else's use of Your Account.
BEACON TRUTH DOLLARS
Beacon Truth Dollars are offered as a convenience to you. You may purchase Beacon Truth Dollars using your Payment Method and they will be held in Your Account to be used only to purchase Advisor Services or pay other amounts due under Your Account. Beacon Truth Dollars are refundable and never expire. Beacon Truth Dollars may not be purchased if there are any past due amounts on Your Account.
You agree that you are fully authorized to use the Payment Method provided in Your Account and expressly authorize payments for all charges occurring within Your Account.
At the beginning of a session with an Advisor, BT will preauthorize your Payment Method for the estimated cost of your session. Charges for Advisor Services will be charged to your Payment Method and/or deducted from your Beacon Truth Dollars, as applicable, promptly upon the termination of your session with an Advisor. If you have Beacon Truth Dollars in Your Account, your Beacon Dollars will be used before your Payment Method is charged. For example, if you incur a $20 charge for chatting with an Advisor and have 5 Beacon Truth Dollars in Your Account, the 5 Beacon Truth Dollars will be applied to the charge first and the remaining $15 will be charged to your Payment Method.
In the event payment by your Payment Method is declined, e.g., if the cost of the session exceeds the estimated amount of the preauthorization, Your Account may have a past due balance. You expressly authorize BT to charge your Payment Method, including any new or updated Payment Method, for any past due balance immediately. You shall reimburse BT for any expenses it incurs to collect amounts due, including but not limited to any fees resulting from an incorrect, declined or expired Payment Method or your dispute of charges incurred under Your Account. BT reserves the right to charge interest on any past-due amounts of 2% per month or the highest amount permitted by law (if lower).
Charges occurring within Your Account include but are not limited to: (a) charges to your Payment Method for Advisor Services, past due amounts or to purchase Beacon Truth Dollars to be held in Your Account. See Beacon Dollars Section above; or (b) debits from your Beacon Truth Dollars as payment for Advisor Services.
THIRD PARTY PROPERTIES
BT Platforms may contain links or references to content, websites, properties, products or services (e.g., widgets, software, applications, text, graphics, videos, images, music, sounds, and information) owned and/or operated by third-parties (collectively, all such websites and properties and content thereon shall be referred to herein as “Third Party Properties”). Similarly, BT Platforms may be accessed from Third Party Properties. Any links or references to Third Party Properties are provided merely as a convenience. Links or references to or from Third Party Properties are not and do not imply any endorsement or recommendation by BT or its affiliates of any Third Party Property. BT is not responsible for examining or evaluating and has no control over Third Party Properties and makes no warranties with respect to Third Party Properties. If you choose to leave the BT Platforms to access any Third Party Property, you do so at your own risk. Third Party Properties may be subject to terms or privacy policies and BT recommends that you review any such terms and privacy policies.
YOU ACKNOWLEDGE AND AGREE THAT BT HAS NO RESPONSIBILITY FOR ANY ASPECT OF ANY THIRD PARTY PROPERTY AND BT SHALL HAVE NO LIABILITY, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE, LOSS, COST OR EXPENSE CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH ANY THIRD PARTY PROPERTY.
Any information or materials (including but not limited to video, photos, code or text) that a User may provide to BT or post, upload, input, submit, or transmit via the BT Platforms, e.g., questions, comments, suggestions and reviews of Advisors is referred to, collectively, as "User Content." BT is not responsible for examining or evaluating User Content and does not endorse, control or guarantee the accuracy, integrity or quality of User Content. You acknowledge that BT has the right (but not the obligation) in our sole discretion to refuse to post or remove any User Content and to change, condense, or delete any User Content. You understand that by using the BT Platforms, you may be exposed to User Content that is offensive, indecent or objectionable to you. Under no circumstances will BT be liable in any way for any User Content, including without limitation, for any errors or omissions in any User Content, or for any loss or damage of any kind incurred by you as a result of the use of any User Content.
You are solely responsible for User Content you provide to BT or post, upload, input, submit, or transmit via the BT Platforms (“Your Content”), including the legality, reliability, appropriateness, originality and copyright of any such material and the consequences of posting or publishing it. You represent and warrant that you own or otherwise control the rights to Your Content and have the necessary rights, licenses, consents, and permissions to grant BT the license to Your Content set forth below including, as applicable, the written consent, release, and/or permission of each and every identifiable individual person in Your Content to use his or her name or likeness in the manner contemplated by these User Terms.
By transmitting Your Content to BT and/or via the BT Platforms, you hereby grant BT a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty-free license (with rights to sublicense) to use, reproduce, edit, modify, copy, transmit, publish, publicly display, translate, distribute, incorporate into other works and create derivative works from Your Content for any purpose whatsoever in any form, media or technology now known or hereafter developed. Without limiting the generality of the foregoing, BT shall be free to use any ideas, concepts, know-how or techniques contained in Your Content for any purpose whatsoever, including but not limited to, developing, manufacturing, distributing and marketing products and services. Your Content shall be treated as non-confidential and non-proprietary and BT shall have no obligation of any kind with respect to Your Content.
All information and content available on the BT Platforms, including but not limited to their look and feel, trademarks, service marks, trade names, logos, features, functions, designs, text, graphics, logos, button icons, images, photos, video, illustrations, audio clips, data compilations and software as well as the compilation and organization thereof (collectively, the "Content") is BT’s property or the property of our affiliates, partners or licensors, and is protected by United States and international laws, including laws governing copyrights and trademarks. Any use of the BT Platforms or Content that is not expressly permitted by these User Terms through the limited license below is a breach of these User Terms and may violate copyright, trademark, and other laws.
You agree that when accessing or using the BT Platforms, you will act in accordance with the law, custom and in good faith. Subject to your compliance with these User Terms and all applicable laws, BT grants you a limited, nonexclusive, revocable right to use the BT Platforms for your personal, non-commercial use. All rights not expressly granted herein are reserved to BT and its licensors.
The foregoing license is subject to the following requirements. You shall not (a) make any use of the BT Platforms (including any Content) other than for personal, non-commercial use; (b) copy, modify, create derivative works of, reverse engineer or otherwise attempt to discover any source code of any BT Platform; (b) frame or utilize framing techniques to enclose the BT Platforms or any portion thereof; (c) use the BT Platforms for illegal purposes; (d) interfere with or disrupt the BT Platforms or any User’s access to or use of the BT Platforms including but not limited to attempting to gain unauthorized access to the BT Platforms, introducing any software viruses, Trojan horses, malware, worms or any other malicious application or code to the BT Platforms and/ or taking any action that imposes an unreasonable burden or load on our BT Platforms or that may undermine, disrupt or manipulate the integrity of User feedback and ratings relating to Advisors (e) use software robots, spiders, crawlers, or other data gathering and extraction tools to harvest or otherwise collect information about the BT Platforms, Users, Advisors or others; (f) record Advisor Services or use any audio recording or retention devices/technology in connection with Advisor Services; (g) communicate or act in a manner that is (or is deemed to be by another person) inappropriate, abusive, or threatening including but not limited to stalking, harassing or infringing the privacy of an Advisor or another User; (h) engage in or assist or encourage others to engage in transmitting, uploading, posting, e-mailing, sharing, distributing, reproducing, or otherwise making available User Content that (i) is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable or inappropriate; (ii) infringes any patent, trademark, trade secret, copyright, privacy, publicity or other proprietary rights of any party; (iv) impersonate any person, falsely state your affiliation with BT or any person or entity or engage in any other act or omission that is false, fraudulent, inaccurate or misleading; or (v) constitutes chain mail, junk mail, spamming or any use of distribution lists to any person who has not given specific permission for such use; or (vi) constitutes unsolicited or unauthorized advertising, solicitation or promotional material, including chain letters, mass mailings, or any form of "spam."
If you violate any of these User Terms, your permission to use BT Platforms automatically terminates and you must immediately destroy any copies you have made of any portion and cease all use of the BT Platforms.
BT reserves the right, in its sole discretion, to immediately terminate your access to and use of BT Platforms, including your right to redeem any Beacon Truth Dollars, without right to refund, for any violation of these User Terms. Further, BT may terminate your access to and use of the BT Platforms in its sole discretion if it determines it would be in our best interest to do so. Furthermore, an Advisor has the right to terminate the provision of Advisor Services at any time if a User’s behavior or communications are deemed by the Advisor to be inappropriate, abusive, or threatening. Advisors may report any such behavior or communication to BT and User may be denied future access to BT Platforms. You terminate Your Account at any time by emailing: firstname.lastname@example.org.
BT DOES NOT PROVIDE ADVISOR SERVICES AND MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO ADVISOR SERVICES OR ADVISOR CONTENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, BT EXPRESSLY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, AS TO THE SUFFICIENCY, ACCURACY, VALIDITY, AVAILABILITY, UTILITY, COMPLETENESS, SAFETY, LEGALITY, QUALITY OR RELEVANCE OF ANY ADVISOR SERVICES OR ADVISOR CONTENT.
BT PLATFORMS DEPEND ON VARIOUS FACTORS INCLUDING SOFTWARE, HARDWARE AND TELECOMMUNICATIONS. BT DOES NOT GUARANTY THAT BT PLATFORMS WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE. BT PLATFORMS MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. BT PLATFORMS (INCLUDING ALL CONTENT) ARE PROVIDED "AS IS" AND “AS AVAILABLE” AND BT EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY, ACCURACY OR COMPLETENESS OF ANY BT PLATFORM (INCLUDING ALL CONTENT).
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM BT, ITS AFFILIATES OR ANY ADVISOR SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THESE USER TERMS. USE OF THE BT PLATFORMS (AND ANY CONTENT THEREON) AND PURCHASE AND RELIANCE UPON ADVISOR SERVICES AND/ OR ADVISOR CONTENT IS AT THE USER’S SOLE RISK.
LIMITATION ON LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT BT, ITS AFFILIATES, AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, CONSULTANTS, INDEPENDENT CONTRACTORS, AGENTS, REPRESENTATIVES OR LICENSORS (COLLECTIVELY, “BT PARTIES”) SHALL NOT BE LIABLE TO YOU, ANY USER OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOSS OF BUSINESS, REVENUE, PROFITS, USE, DATA OR OTHER ECONOMIC ADVANTAGE), WHETHER FORSEEABLE OR UNFORSEEABLE. YOU FURTHER EXPRESSLY UNDERSTAND AND AGREE THAT: (A) BT PARTIES’ AGGREGATE LIABILITY FOR DAMAGES ARISING WITH RESPECT TO THIS AGREEMENT AND ANY AND ALL USE OF THE BT PLATFORMS WILL NOT EXCEED THE LESSER OF THE TOTAL AMOUNT OF MONEY PAID BY USER TO ADVISORS THROUGH THE BT PLATFORMS IN THE ONE MONTH PERIOD PRIOR TO THE DATE THE CLAIM AROSE AND $10; AND (B) BT DISCLAIMS ANY LIABILITY WITH RESPECT TO ANY CLAIM, SUIT OR ACTION BROUGHT BY AN ADVISOR IN CONNECTION WITH PAYMENT FOR ADVISOR SERVICES BY THE USER AND USER AGREES TO INDEMNIFY, DEFEND AND HOLD BT PARTIES HARMLESS IN CONNECTION WITH ANY SUCH CLAIM.
THE FOREGOING LIMITATIONS AND EXCLUSIONS WILL APPLY REGARDLESS OF WHETHER THE CAUSE OF ACTION ARISES IN CONTRACT, IN TORT OR OTHERWISE AND NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY REMEDY OR NEGLIGENCE. THE DISCLAIMERS AND LIMITATION OF LIABILITY SET FORTH IN THESE USER TERMS ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN BT AND YOU.
You agree to indemnify, defend and hold harmless the BT Parties from any and all liabilities, losses, claims and expenses (including attorneys' reasonable fees) arising out of or in connection with any claim, suit, action, or other proceeding brought against a BT Party related to: (i) your violation of these User Terms or applicable law, (ii) your use of the BT Platforms including but not limited to Your Content; (iii) your access to, purchase or receipt of or reliance upon Advisor Services.
BT may provide updated, notices or other communications regarding these User Terms or the BT Platforms (collectively, “Notices”) to you by email, regular mail or by posting such notices or communications on BT Platforms. You consent to receive Notices electronically and that such Notices satisfy any legal requirement that such communications be in writing. Unfortunately, we cannot provide the benefits of the BT Platforms to any user that cannot consent to receipt of Notices electronically.
Notice to BT must be delivered via express delivery, regular mail or email to:
119 Pondfield Rd.
P.O. Box 912
Bronxville, NY 10708
BT reserves the right, in its sole discretion, to modify these User Terms from time to time by posting changes on the BT Platforms and providing Notice to you, and your continued access to and use of the BT Platforms shall constitute your acceptance of and agreement to any such changes. The Effective Date of the current version of the User Terms may be found at the top of these User Terms. If you do not wish to be bound to these User Terms, as they may be modified from time to time, you must discontinue use of the BT Platforms and immediately cancel Your Account.
DIGITAL MILLENIUM COPYRIGHT ACT NOTICE
BT respects the intellectual property rights of others. These User Terms require Users to respect these rights as well. If you believe that copyrighted materials have been copied in a way that constitutes copyright infringement, please send an e-mail or written notice pursuant to the Digital Millennium Copyright Act (17 U.S.C. § 512(c)(3) to our Designated Agent for notices of infringement. Such notice must include: (i) a physical or electronic signature of a person authorized to act on behalf of the owner of the copyright interest that you claim is infringed; (ii) identification of the copyrighted work(s) that you claim has been infringed; (iii) a description of the material that you claim is infringing and the location of that material on the BT Platforms; (iv) your address, telephone number and email address; (v) a statement by you that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Our Designated Agent for Copyright can be reached as follows:
Attn: Designated Agent for Copyright
119 Pondfield Rd.
P.O. Box 912
Bronxville, NY 10708
By phone: 833-BEACON-5
By email: Legal@BeaconTruth.com
CHOICE OF LAW
These User Terms shall be interpreted only in accordance with the laws of the State of New York (excluding any rules governing choice of laws).
DISPUTES, ARBITRATION & CLASS ACTION WAIVER
ANY DISPUTE RELATING IN ANY WAY TO YOUR USE OF THE BT PLATFORMS OR THE RELATIONSHIP BETWEEN YOU AND BT (OTHER THAN EQUITABLE CLAIMS BROUGHT BY BT OR RELATING TO THE INTELLECTUAL PROPERTY RIGHTS OF BT OR ITS AFFILIATES, PARTNERS OR LICENSORS) SHALL BE SUBMITTED TO CONFIDENTIAL ARBITRATION IN NEW YORK AND YOU AGREE TO SUBMIT YOURSELF TO THE JURISDICTION AND PROCEEDINGS THEREOF.
IN AN ARBITRATION, AN ARBITRATOR(S) (RATHER THAN A JUDGE OR JURY) WILL DECIDE THE CLAIM. BY AGREEING TO ARBITRATE, YOU WILL NOT HAVE THE RIGHT TO SUE IN COURT OR TO HAVE A JUDGE OR JURY DECIDE YOUR CLAIM. YOUR RIGHTS TO PREHEARING EXCHANGE OF INFORMATION AND APPEALS MAY ALSO BE LIMITED IN ARBITRATION. It is further agreed that any dispute over the scope of this arbitration provision and any dispute as to whether a claim is arbitral shall be submitted to the arbitrator for decision. Notwithstanding the foregoing, to the extent you have in any manner violated or threatened to violate our intellectual property rights or the intellectual property rights of our affiliates, partners or licensors or we otherwise have a cause of action in equity, we may seek injunctive or other appropriate relief in any court of competent jurisdiction and you consent to jurisdiction and venue in any such court for such purposes. Arbitration under this agreement shall be conducted under the Consumer-Related Disputes Supplementary Rules then prevailing with the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction.
You agree that any arbitration or proceeding shall be limited to the dispute between us and you individually, and (i) no arbitration or proceeding shall be joined with any other; (ii) there is no right or authority for any dispute to be arbitrated or resolved on a class action-basis or to utilize class action procedures; and (iii) there is no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST BT ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
These User Terms (including any terms and policies referenced herein) constitute the sole agreement between you and BT and its affiliated entities relating to your use of BT Platforms and interactions with Advisors, and supersede and govern all prior proposals, agreements, or other communications. Nothing contained in these User Terms shall be construed as creating any agency, partnership, or other form of joint enterprise between us. Our failure to require your performance of any provision hereof shall not affect our full right to require such performance at any time thereafter, nor shall our waiver of a breach of any provision hereof be taken or held to be a waiver of the provision itself. You shall not assign your rights or obligations pursuant to these User Terms, in whole or in part, whether voluntarily or by operation of law, without the prior, written consent of BT. Any purported assignment without the prior written approval of BT will be null and void and of no force or effect. However, BT may in its discretion assign any obligations it may have with respect to an affiliate or third party. In the event of any such assignment, you agree that such assignee, and not BT, shall be solely liable to you. These User Terms will be binding and will inure to the benefit of the legal representatives, successors and assigns of the parties hereto. In the event that any provision of these User Terms shall be unenforceable or invalid under any applicable law or be so held by any applicable arbitral award or court decision, such unenforceability or invalidity shall not render these Terms and Conditions unenforceable or invalid as a whole but these Terms and Conditions shall be modified, to the extent possible, by the adjudicating entity to most fully reflect the original intent of the parties as reflected in the original provision.
If you have any questions regarding these Terms and Conditions, please email us at Legal@BeaconTruth.com.