These Terms of Service (the “Terms”) govern access to and use of the FanCoach website and software application (the “Application”) and any services made available to you through the Application. The Application is owned and operated by BrandHoot LLC, a Minnesota Limited Liability Company, 1223 Second St. NE, Rochester, MN 55906 (the “Company”) and its licensors.
FanCoach analyzes your Facebook activity on a weekly basis to provide expert guidance on growing customer engagement with your Facebook page, and growing traffic to your Facebook page.
PLEASE READ THESE TERMS CAREFULLY. IF YOU DO NOT AGREE WITH THE TERMS, DO NOT USE THE APPLICATION.
Use of the Application constitutes acceptance of these Terms. These Terms will continue in full force and effect for as long as you use the Application unless we inform you otherwise. We reserve the right to change the Terms at any time in our sole business discretion. Any amended Terms shall automatically be effective on the date posted on the Application and will supersede any prior Terms. We do not assume any obligation to notify you of changes to these Terms.
The Company grants you the right to access and use the Application to obtain a free initial analysis of your Facebook posts and activity to generate ideas for improving the performance of your Facebook page. To obtain your free initial analysis report, you will use your Facebook account to create a FanCoach account. By logging in with your Facebook account through the Facebook Connect interface, you are granting us access to your name, username, and e-mail address as well as to certain other information in your accounts based upon your Facebook privacy settings. After your free initial analysis report, in order to receive subsequent weekly FanCoach analysis and reports, you must pay the monthly fee (the “Monthly Fee”) as published on the FanCoach website, as discussed more fully herein in Section VI.
The Application is not intended for use by anyone under age 18. Upon registration you represent and warrant that you are age 18 or older. You may not use the Application if you are barred from doing so under the laws of the United States or other country, including the country of your permanent residence or from which you use the Application.
You must accept certain restrictions on use to use the Application. We intend these so that we can retain control over the Application and make it consistently available to all of our customers and other users.
You must accept and allow any permissions required by Facebook to use the Application’s functionality.
Do not attempt to access or use the Application in any way other than through the standard interface. Do not attempt to rent, license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make the Application available to any third party. Do not use another software program or other technology to interoperate with, extract data or content, or scrape or frame any data or content from the Application. Do not attempt to copy or create derivative works based on the Application, either on your own or through any third party. Do not attempt to produce a source listing, decompile, disassemble, or otherwise reverse engineer the Application.
You are prohibited from interfering with or disrupting the performance of the Application by other users. Do not attempt to gain unauthorized access to any data stored in the Application.
You may not remove or obscure any notices or markings, including without limitation, copyright, trademark, or confidentiality notices, or ownership notices on the Application, including any screens displayed by such product.
We reserve the right to terminate your access to and use of the Application immediately and without prior notice to you if you violate the foregoing restrictions on use or otherwise violate these Terms.
You are responsible for maintaining the security of your Facebook account and password. The Company will not be liable for any loss or damage from your failure to comply with this security obligation. You are responsible for all use of the Application happening through your account. If you learn of any unauthorized use of your account, your personal information, or content, you should promptly contact the Company.
We expect to review and evaluate the Application content and functionality on a continuing basis. We may add or remove functionality or features in our business discretion, and may suspend or stop some functionality.
We reserve the right, for any reason, in our sole discretion, to terminate, change (including, without limitation, modifying, adding or deleting), upgrade, suspend, or discontinue any aspect of the Application, including, but not limited to, prices, content, features, or these Terms.
An initial FanCoach report is free of charge. If you elect to subscribe to FanCoach, you will select the email link to the Application in the FanCoach initial report, confirm your weekly subscription, and enter your billing information. By subscribing to FanCoach, you are agreeing to be charged monthly on a pay-as-you-go basis at the Monthly Fee through our third-party credit card processor. This Monthly Fee is charged in advance from the date your account was initially created unless and until you cancel your subscription. No refunds will be made for amounts charged. FanCoach uses a third-party intermediary to manage credit card processing. This third-party intermediary will process charges or transfer funds on your account. If you fail to pay your Monthly Fee on time, or if your credit card payment information is entered in error or does not go through for processing and you do not update payment information upon our request, your subscription will be suspended or cancelled. Additional ordering, payment, cancellation or renewal terms may be provided to you on the Application or in communications or notices from us, and the Terms of Service incorporate such terms by reference. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties.
You may cancel your subscription to the Application at any time. Once you cancel, you won’t be charged again, but you are responsible for whatever charges have already been incurred for the current monthly billing period. All cancellations must be received in writing via our online form.
The Company retains all ownership and intellectual property rights to the Application. We may use any technology, ideas, concepts, know-how, methods, and techniques related to the Application that we learn from users for any purpose we determine in our sole business discretion.
Using the Application does not give you any intellectual property rights in the Application or any content stored in it other than your usage rights under these Terms. You may not use content from the Application unless you obtain permission from us or are otherwise permitted to do so by law. These Terms do not grant you the right to use the FanCoach and Facebook brand names and logos, or any other branding or logos used on the Application.
Any content owned or provided to us by customers or other users of the Application is the sole responsibility of the user making it available. We may review content in our discretion and remove or refuse to display it if we believe that displaying it violates the law. Be aware: we do not actively review or monitor content submitted by users, so you view any content displayed by the Application at your own risk.
If you are a copyright owner and believe your copyrighted material has been used on or displayed by the Application in a manner that constitutes copyright infringement, please report the violation to our designated copyright agent by sending written and email notices to:
BrandHoot LLC. Att’n: Copyright Officer
1223 Second St. NE
Rochester, MN 55906
Please include the following information in your notice to us: (1) a detailed description of the allegedly infringed copyrighted material, (2) a description of the location of such material on the Application, (3) your contact information, including address, telephone number, and email address, if any, (4) your statement that you have a good faith belief that the allegedly infringing use is not authorized by the copyright owner, its agent or the law, (5) your statement, made under penalty of perjury, affirming that the information in your notice is accurate and that you are authorized to act on the copyright owner’s behalf, and (6) an electronic or physical signature of the copyright owner or someone authorized on the owner’s behalf to assert copyright infringement and to submit the statement.
You understand and agree that these Terms create a legally binding contract governing your use of the Application. You warrant that your use of the Application will comply with all of your obligations to third parties and all applicable laws, rules, and regulations of all federal and state legal jurisdictions and governmental agencies.
Use of the results and analysis provided by the Application is the user’s sole responsibility and risk. The Company makes no representation or warranty that any particular Facebook page or traffic results or changes will be achieved through the use of the Application.
WE PROVIDE THE APPLICATION “AS IS” AND “AS-AVAILABLE.” WE DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES OR CONDITIONS CONCERNING THE PERFORMANCE, OPERATION, OR QUALITY OF THE APPLICATION, INCLUDING ALL WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
TO THE FULLEST EXTENT ALLOWED BY LAW, WE WILL HAVE NO FINANCIAL LIABILITY TO ANY USERS FOR ANY AND ALL CLAIMS RELATING TO THEIR USE OF THE APPLICATION PURSUANT TO THESE TERMS OR OTHERWISE.
TO THE FULLEST EXTENT ALLOWED BY LAW, WE WILL NOT BE LIABLE TO YOU FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH OR ARISING OUT OF YOUR USE OF THE APPLICATION, INCLUDING LOSS OF BUSINESS, REVENUE, PROFITS, USE, DATA OR OTHER ECONOMIC ADVANTAGE.
IN ALL CASES, THE COMPANY, ITS THIRD PARTY SERVICE PROVIDERS, AND ITS LICENSORS, WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.
The Application, or weekly analysis reports sent to you may contain links to, or otherwise may allow you to connect to and use certain third party products, services or software under separate terms and conditions (collectively, (“Third-party Services”) in conjunction with the Application. If you decide to access and use such Third-party Services, be advised that your use is governed solely by the terms and conditions you agree to with the providers of the Third-party Services, and we do not endorse, are not responsible for, and make no representations as to such Third-party Services, their content, or the manner in which they handle your data. We are not liable for any damage or loss caused or alleged to be caused by or in connection with your access or use of any such Third-party Services, or your reliance on the privacy practices or other policies of such Third-party Services.
All notices you provide to us concerning these Terms must be delivered in person or by means evidenced by a delivery receipt to our principal business office and addressed to the attention of the Chief Executive Officer of BrandHoot LLC.
These Terms are governed by the laws of the State of Minnesota and applicable U.S. federal law. All legal actions to enforce or interpret these terms shall be commenced exclusively in the state or federal courts located in Olmsted or Hennepin Counties, Minnesota, and you consent to the exclusive jurisdiction and venue of such courts.
You may not assign or otherwise transfer your rights under these Terms without our prior written consent, which consent may be withheld for any reason in our sole discretion. The Company may freely assign its rights and obligations under these Terms and is subscription relationship with users to any third party as it determines in its sole business discretion.
This Agreement shall be binding upon, and inure to the benefit of, the parties and their permitted respective successors and assigns. Third-party Services Any waiver or failure by the Company to exercise its rights under these Terms will not create a continuing waiver of such rights. If any provision of these Terms is held invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not in any way be affected or impaired thereby, and will be interpreted, to the extent possible, to achieve the purposes as originally expressed in the invalid, illegal or unenforceable provision.
These Terms state our entire agreement with you concerning use of the Application. We reserve the right to modify these terms without further notice or user consent.
Copyright © 2016 by Brandhoot LLC. All rights reserved.
Last revised: May 12, 2016.