Terms of Service
You acknowledge and agree to the following:
The App(s) are licensed, not sold to you, and you may use the Service only as set forth in the Terms;
When you first create an account on the Service, we may ask for your mobile number in order to verify your account by text message and any applicable text messaging fees of your mobile network operator (the “Carrier”) will apply;
Your use of the Service may be subject to separate third party terms of service and fees, including without limitation the terms of service and data, SMS, MMS, and other fees of the Carrier, which are your sole responsibility;
The Service is provided “as is” without warranties of any kind and Binsto’s liability to you is limited; and
Disputes arising hereunder will be resolved by binding arbitration, AND BY ACCEPTING THE TERMS, YOU AND PATH ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under the Terms (except for matters that may be taken to small claims court). Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury and your claims cannot be brought as a class action. Please review the Dispute Resolution and Arbitration provision below for the details regarding your agreement to arbitrate any disputes with Binsto.
"Binsto Content" means all Content that Binsto makes available through the Service, including any Content licensed from a third party, but excluding Member Content.
"Collective Content" means Member Content and Binsto Content.
"Content" means text, photos, graphics, images, music, software (excluding the Service), audio, video, information or other materials.
"Guest" means a Member who requests to participate in the viewing and sharing of Member Content from a Member of an item or bin via the Service, or a Member who participates in an item or bin and is not the Member for such an Item Or Bin.
"Member" means a Member who creates a item or bin via the Service.
"Item" means an object that is posted by a Member that may be made available for viewing and sharing Member Content via the Service.
"Bin" means a collection of objects that is posted by a Member that may be made available for viewing and sharing Member Content via the Service.
"Band" means a collection of items and bins that is posted by a Member that may be made available for viewing and sharing Member Content via the Service.
"Post" means any Member Content that is shared by a Member for viewing and sharing via the Service.
"Member" means a person who completes Binsto’s account registration process, including but not limited to Members and Guests, as described under "Account Registration" below.
"Member Content" means all Content that a Member posts, uploads, publishes, submits, transmits, or includes in their Collection or Member profile to be made available through the Service.
Binsto reserves the right, at its sole discretion, to modify the Service or to modify these Terms at any time and without prior notice. If we modify these Terms, we will either post the modification on the Site or via the Application or otherwise provide you with notice of the modification. We will also update the "Last Updated Date" at the bottom of these Terms. By continuing to access or use the Service after we have posted a modification on the Site or via the Application or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Service.
The Service is intended solely for persons who are 13 or older. Any access to or use of the Service by anyone under 13 is expressly prohibited. By accessing or using the Service you represent and warrant that you are 13 or older.
Use Of The Service
Subject to the Terms (including without limitation your compliance with the Terms), you have the limited, non-exclusive, non-transferable, non-sublicensable, revocable right to download and install a copy of the App(s) from a legitimate marketplace (such as Apple’s App Store) to your mobile device, and to access and use the Service, in each case, for your own personal use. You may not: (i) copy, modify, or create derivative works of the Service (or any part thereof) for any purpose; (ii) distribute, publicly display, publicly perform, transfer, sell, sublicense, lease, lend, rent or otherwise make available the Service (or any part thereof) to any third party; (iii) decompile, reverse-engineer, disassemble or interfere with or circumvent the Service (or any part thereof), including without limitation any security or access control mechanism (except to the extent such a restriction is impermissible under applicable law); or (iv) use the Service (or any part thereof) in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with the Terms.
Our Service may change from time to time and/or we may stop (permanently or temporarily) providing the Service (or features within the Service), possibly without prior notice to you. Our Service may include advertisements, which may be targeted to the content or information on the Service, queries made through the Service, or from other information. The types and extent of advertising on the Service are also subject to change over time. In consideration for providing you the Service, you agree that we and our third party providers and partners may place advertising on our Service or in connection with the display of content or information on our Service.
Certain features of our Service may be subject to additional terms or conditions, which will be posted with those features. Such terms and conditions are incorporated by reference into the Terms.
In order to download the Service, you may be required by third parties who are providing services in connection with the Service, such as Apple, Inc. (a “Service Provider”) to create an account. You are solely responsible for maintaining the security of any logins, passwords, or other credentials that you select or that are provided to you to access your account with any Service Provider. Your access and use of any account with a Service Provider, including without limitation in connection with the Service, is subject to any terms, conditions, and policies, including privacy policies, of that Service Provider. Binsto is not responsible for any act or omission of any Service Provider. Binsto does not provide you with the equipment to access or use the Service. You are responsible for all fees charged by third parties to access and use the Service (e.g., charges by Carriers). Without limiting the foregoing, you are solely responsible for the payment of all applicable fees associated with any Carrier service plan you use in connection with your access and use of the Service (such as voice, data, SMS, MMS, roaming, and other applicable fees charged by the Carrier). Accordingly, you should use care in selecting a service plan offered by your Carrier. If your device is lost or stolen, you must notify Binsto immediately to suspend services.
In order to access and use the Service, you may need to register and create an account (“Binsto Account”). By creating a Binsto Account, you represent that you are of legal age to form a binding contract, have not previously been suspended or removed from the Service and are not a person barred from receiving the Service under the laws of the United States or other applicable jurisdiction. When creating a Binsto Account, you may be required to provide your mobile number in order to verify your Account by electronic mail or text message. Please be aware that your Carrier’s text messaging fees apply for mobile number verification. When creating a Binsto Account, you also may be required to provide certain personal information about yourself and will establish a username and a password. We reserve the right to remove or reclaim a username if we believe it is appropriate, for example, if your username suggests that you are a person other than yourself.
You agree to provide and maintain accurate, current and complete information about your Account, including without limitation your email address and mobile phone number. Without limiting the foregoing, in the event you change or deactivate your email address and mobile phone number, you will update your Account information promptly to ensure that your messages are not sent to the person who acquires your old contact information.
When creating a Binsto Account, don’t:
Provide any false personal information to us (including without limitation a false username) or create any Account for anyone other than yourself without such other person’s permission;
Use a username that is the name of another person with the intent to impersonate that person;
Use a username that is subject to rights of another person without appropriate authorization; or
Use a username that is offensive, vulgar or obscene or otherwise in bad taste.
We reserve the right to suspend or terminate your Account if any information provided during the registration process or thereafter proves to be inaccurate, false or misleading, or to reclaim any username that you create through the Service that violates our Terms. You are responsible for maintaining the confidentiality of your password and Account, and agree to notify us if your password is lost, stolen, or disclosed to an unauthorized third party, or otherwise may have been compromised.
You are responsible for activities that occur under your Account. If you have reason to believe that your Account (including without limitation your mobile phone) is no longer secure, then you must immediately notify us at email@example.com.
You can link your Account to various webmail, social networking, and other online accounts. You may only link your own accounts. We will access and retrieve your account information from these sites on your behalf (in some cases, by using your username and password) to make certain information or services available to you through the Service. By linking your other accounts, you expressly authorize us to access your account information from those third party accounts, on your behalf as your agent and permit us to access, use and, in some cases, store your account information to accomplish the foregoing.
Member Content Restrictions
You are solely responsible for any Member Content that you submit, post or transmit via our Service. You agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Service, Member Content that we believe, in our sole discretion:
(a) is unlawful, libelous, defamatory, harassing, threatening, invasive of privacy or publicity rights, or that would otherwise create liability or violate any local, state, national or international law;
(b) contains nudity, sexually explicit content or is otherwise obscene, pornographic, indecent, lewd, suggestive or sexually exploitative of minors;
(c) may disparage any ethnic, racial, sexual or religious group by stereotypical depiction or is otherwise abusive or inflammatory;
(d) depicts the use of illicit drugs;
(e) contains offensive language or images or is otherwise objectionable;
(f) incites violence or characterizes violence as acceptable, glamorous or desirable;
(g) contains unsolicited promotions, political campaigning, advertising or solicitations, without our prior written consent;
(h) contains private or personal information about another person, unless such person has agreed to the disclosure of this information;
(i) contains viruses, corrupted data or other harmful, disruptive or destructive file viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
(j) may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. By posting Member Content, you represent and warrant that you have the lawful right to distribute and reproduce such Member Content; or
(k) would constitute, encourage or provide instructions for a criminal offense or violate the rights of any third party. Binsto is not responsible for any Member Content that you or other members post, transmit or store through the Service. We have no obligation to post Member Content from you or anyone else and we may, in our sole discretion, edit, remove or delete any Member Content without notice. If you become aware of Member Content that violates these Terms, you may notify of us such content by using the reporting tools provided on our Service. Enforcement of these Terms, however, is solely in our discretion and the absence of enforcement in some instances does not waive of our right to enforce the Terms in other instances. In addition, these Terms do not create a private right of action on the part of any third party or any reasonable expectation that the Service will not contain any content that is prohibited by such rules.
By accessing or using the Service, you agree to act responsibly, exercise good judgment and comply with the Community Guidelines. In addition, you agree not to:
(a) use the Service in violation of any applicable law or regulation, including promoting or encouraging any illegal activity;
(b) infringe the rights of any third party, including without limitation, intellectual property, privacy, publicity or contractual rights;
(c) use the Service in any manner that could interfere with, disrupt, negatively affect or inhibit other members from fully enjoying the Service or that could damage, disable, overburden or impair the functioning of the Service in any manner;
(d) use our Service to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, Content of others without their permission, personal contact information or credit, debit, calling card or account numbers;
(e) use our Service in connection with the distribution of spam (which we define as unsolicited bulk email or any other unsolicited messages of a commercial, religious, romantic, political or other nature not within the intended purposes of the Service);
(f) stalk, intimidate, threaten or otherwise harass or cause discomfort to any other member of our Service;
(g) collect or store any information about any other member other than as permitted on our Service;
(h) use our Service for any commercial purpose whatsoever, unless with prior written consent from Binsto;
(i) register for more than one Member Account;
(j) impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity, whether by providing or omitting to provide information;
(k) circumvent or attempt to defeat any security or verification measure relating to use of the Service;
(l) hold yourself out as an agent, representative, employee or affiliate of Binsto, including but not limited to when you Member and/or organize an event for other Binsto Members; or
(m) assist any third party in doing any of the foregoing.
The Service, and Collective Content are protected by copyright, trademark, and other laws of the United States and foreign countries. You acknowledge and agree that the Service and Collective Content, including all associated intellectual property rights, are the exclusive property of Binsto and its licensors. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Service, or Collective Content.
Subject to your compliance with these Terms, Binsto grants you a limited non-exclusive, non-transferable license to download and install a copy of the Application on each mobile device or computer that you own or control and run such copy of the Application solely for your own personal use. Furthermore, with respect to any App Store Sourced Application (defined below), you will only use the App Store Sourced Application (i) on an Apple-branded product that runs the iOS (Apple's proprietary operating system) and (ii) as permitted by the "Usage Rules" set forth in the Apple App Store Terms of Service. Binsto reserves all rights in the Application not expressly granted to you by these Terms.
Binsto Content and Member Content License
Subject to your compliance with the terms and conditions of these Terms, Binsto grants you a limited, non-exclusive, non-transferable license, to (i) access and view any Binsto Content solely for your personal and non-commercial purposes and (ii) access and view any Member Content to which you are permitted access, solely for your personal and non-commercial purposes. You have no right to sublicense the license rights granted in this section.
You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Service, or Collective Content, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Binsto or its licensors, except for the licenses and rights expressly granted in these Terms.
We may, in our sole discretion, permit you to post, upload, publish, submit or transmit Member Content. By making available any Member Content on or through the Service, you hereby grant to Binsto a worldwide, irrevocable, perpetual (or for the term of the protection), non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such Member Content on, through, by means of or to promote or market the Service. Binsto does not claim any ownership rights in any such Member Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such Member Content.
You acknowledge and agree that you are solely responsible for all Member Content that you make available through the Service. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Member Content that you make available through the Service or you have all rights, licenses, consents and releases that are necessary to grant to Binsto the rights in such Member Content, as contemplated under these Terms; and (ii) neither the Member Content nor your posting, uploading, publication, submission or transmittal of the Member Content or Binsto’s use of the Member Content (or any portion thereof) on, through or by means of the Service will infringe, misappropriate or violate a third party's patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
The Service may contain links to third-party websites or resources. You acknowledge and agree that Binsto is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Binsto of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the Content, products or services on or available from such websites or resources.
Proprietary Rights Notices
All trademarks, service marks, logos, trade names and any other proprietary designations of Binsto used herein are trademarks or registered trademarks of Binsto. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.
We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Service ("Feedback"). You may submit Feedback by sending an email message to us at firstname.lastname@example.org. You acknowledge and agree that all Feedback you give us will be the sole and exclusive property of Binsto and you hereby irrevocably assign to Binsto and agree to irrevocably assign to Binsto all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent, copyright, trade secret, moral and other proprietary or intellectual property rights therein, and waive any moral rights you may have in such Feedback. At Binsto’s request and expense, you will execute documents and take such further acts as Binsto may reasonably request to assist Binsto to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback.
Binsto respects copyright law and expects its users to do the same. It is Binsto’s policy to terminate in appropriate circumstances the Binsto Accounts of Members or other account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders. Please see Binsto's Copyright Policy for further information.
Suspension, Termination and Binsto Account Cancellation
We may, in our discretion and without liability to you, with or without cause, with or without prior notice and at any time, decide to limit, suspend, deactivate or cancel your Binsto Account. If we exercise our discretion under these Terms to do so, any or all of the following can occur with or without prior notice or explanation to you: (a) your Binsto Account will be deactivated or suspended, your password will be disabled, and you will not be able to access the Service, your Binsto Account, your Member Content, or receive assistance from Binsto Customer Service, (b) any pending or existing Member Content as either Member or Guest will be immediately suspended, deactivated, or terminated, (c) we may communicate to your Guests or Members that your account or your existing Member Content has been cancelled as a result of a suspension, deactivation or termination of your Binsto Account, and (d) we may contact your Guests and Members to inform them about potential alternate Collections with other Members that may be available on the Service. You may cancel your Binsto Account at any time by sending us an email. Please note that if your Binsto Account is cancelled, we do not have an obligation to delete or return to you any Content you have posted to the Service, including, but not limited to, any reviews or Feedback.
IF YOU CHOOSE TO USE THE SERVICE OR COLLECTIVE CONTENT, YOU DO SO AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT BINSTO DOES NOT HAVE AN OBLIGATION TO CONDUCT BACKGROUND OR REGISTERED SEX OFFENDER CHECKS ON ANY MEMBER, INCLUDING, BUT NOT LIMITED TO, GUESTS AND MEMBERS, BUT MAY CONDUCT SUCH BACKGROUND OR REGISTERED SEX OFFENDER CHECKS IN ITS SOLE DISCRETION. THE SITE, APPLICATION, SERVICES, COLLECTIVE CONTENT AND REFERRAL PROGRAM ARE PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, BINSTO EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. BINSTO MAKES NO WARRANTY THAT THE SERVICE, COLLECTIVE CONTENT, INCLUDING, BUT NOT LIMITED TO, THE COLLECTIONS OR ANY Item Or Bin, WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. BINSTO MAKES NO WARRANTY REGARDING THE QUALITY OF ANY POSTS, COLLECTIONS, MEMBERS, GUESTS, THE SERVICE OR COLLECTIVE CONTENT OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY COLLECTIVE CONTENT OBTAINED THROUGH THE SITE, APPLICATION, OR SERVICE.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM BINSTO OR THROUGH THE SITE, APPLICATION, SERVICES OR COLLECTIVE CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SERVICE, AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICE, INCLUDING, BUT NOT LIMITED TO, ANY MEMBERS OR GUESTS. YOU UNDERSTAND THAT BINSTO DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SERVICE OR TO REVIEW OR VISIT ANY POSTS OR COLLECTIONS. BINSTO MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SERVICE OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE SERVICE. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SERVICE AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICE, INCLUDING, BUT NOT LIMITED TO, GUESTS AND MEMBERS, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON REGARDLESS OF WHETHER SUCH MEETINGS ARE ORGANIZED BY BINSTO. BINSTO EXPLICITLY DISCLAIMS ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY GUEST OR OTHER THIRD PARTY.
Limitation of Liability
OUR TOTAL LIABILITY TO YOU FROM ALL CAUSES OF ACTION AND UNDER ALL THEORIES OF LIABILITY WILL BE LIMITED TO USD $100.00. WE WILL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE (INCLUDING WITHOUT LIMITATION ANY CONTENT OBTAINED FROM THE SERVICE); (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE; OR (iii) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.
EACH PROVISION OF THE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THE TERMS BETWEEN THE PARTIES. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THE TERMS. THE LIMITATIONS IN THIS LIMITATION OF LIABILITY SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
You agree to release, defend, indemnify, and hold Binsto and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (a) your access to or use of the Service, or Collective Content; (b) your Member Content; (c) your interaction with any Member (d) your violation of the Terms or any applicable law or regulation; (e); (f) your violation of any rights of any third party, including without limitation intellectual property rights or rights of publicity, confidentiality, property or privacy; or (g) any disputes or issues between you and any third party.
If you interact with anyone through our Service who you feel is acting or has acted inappropriately, including but not limited to offensive, violent or sexually inappropriate behavior, who misappropriates your Member Content or engages in any other disturbing conduct, we strongly encourage you to immediately report such person to the appropriate authorities and to us by contacting us by sending an email message to us at support@Binsto.com. Please note that although we encourage you to report misconduct, we are not responsible or liable for our members’ actions, and we are not obligated to take any action.
You may not assign or transfer these Terms, by operation of law or otherwise, without Binsto’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. Binsto may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by Binsto (i) via email (in each case to the address that you provide) or (ii) by posting to the Site or via the Application. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted.
Governing Law. These Terms, whether interpreted in a court of law or in arbitration, shall be governed by the laws of the Commonwealth of Massachusetts as they apply to agreements entered into and to be performed entirely within Massachusetts by Massachusetts residents, and without regard to conflict of law principles or the United Nations Convention for the International Sale of Goods. The parties consent to the exclusive venue of the state or federal courts of the County of Suffolk, Commonwealth of Massachusetts for the resolution of any claims or disputes under these Terms.
Entire Agreement. These Terms (including the various additional terms incorporated herein by reference) constitute the entire agreement between you and Company, and supersedes any and all prior agreements, negotiations, or other communications between you and Company, whether oral or written, with respect to the subject matter hereof, and, except as expressly provided herein, cannot be modified except in writing signed by both parties.
Severability. In the event that any provision of these Terms is held to be invalid or unenforceable, then: (a) such provision shall be deemed reformed to the extent strictly necessary to render such provision valid and enforceable, or if not capable of such reformation shall be deemed severed from these Terms; and (b) the validity and enforceability of all of the other provisions hereof, shall in no way be affected or impaired thereby.
Compliance with Laws. You agree to abide by all applicable laws in your use of the Service or Binsto, including export control laws and similar regulations governing the transfer of software and other technology outside of the United States or other jurisdictions.
Assignment. You may not assign these Terms without the prior written consent of Company, whether expressly or by operation of law, including in connection with a merger or change of control, and any such attempted assignment shall be void and of no effect. Company may assign these Terms without restriction. Subject to the foregoing, these Terms shall be binding on the parties and their respective successors and permitted assigns.
Force Majeure. You acknowledge and understand that if Company is unable to provide the Service or Binsto as a result of a force majeure event Company will not be in breach of these Terms. A force majeure event means any event beyond the control of Company.
Waiver. The failure to exercise, or delay in exercising, a right, power or remedy provided in these Terms or by law shall not constitute a waiver of that right, power or remedy. Company’s waiver of any obligation or breach of these Terms shall not operate as a waiver of any other obligation or subsequent breach of these Terms.
15 Lexington Avenue, Suite 1
Magnolia, MA 01930
Effective date: January 1, 2018