Terms of Service

Effective date: May 1, 2020

1. GENERAL INFORMATION

1.1 FASTHERO SERVICES

These Terms & Conditions (these “Terms”) contain the terms and conditions on which we supply content, products or services listed on www.fasthero.com (the “Website”), through our applications (the “Apps”) or via other delivery methods to you (the Website and such content, products, services and the Apps are collectively referred to herein as the “Service” or “Services”, which may be updated from time-to-time at the sole discretion of FastHero). Please read these terms and conditions, carefully before ordering any Services from the Website or third party App stores (e.g. the Apple App Store, the Android Play Store, Amazon, etc.). The terms “FastHero,” “us” or “we” refers to BURN, LLC. The term “Device” refers to the device which is used to access the Services including but not limited to computers, smart phones and tablets. The term “you” refers to the user of the Services. When you order (“Order”) any Services, or otherwise use or access the Services, you agree to be bound by these Terms and all applicable laws, rules and regulations. You may also be asked to click “I accept” at the appropriate place prior to your purchase of access to the Services. At such time, if you do not click “I accept”, you may not be able to complete such purchase or gain such access. By using the Services, you indicate that you accept these Terms and that you agree to abide by them. If you do not agree to these Terms, please refrain from using the Services.

Our contact email address is help@fasthero.com All correspondence to FastHero including any queries you may have regarding your use of the Services or these Terms should be sent to this contact email address.

1.2 ARBITRATION NOTICE AND CLASS ACTION WAIVER

PLEASE NOTE THAT THESE TERMS CONTAIN AN ARBITRATION CLAUSE. EXCEPT FOR CERTAIN TYPES OF DISPUTES MENTIONED IN THE ARBITRATION CLAUSE, YOU AND FASTHERO AGREE THAT DISPUTES RELATING TO THESE TERMS OR YOUR USE OF THE SERVICES WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION, AND YOU AND FASTHERO WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

1.3 BASIS OF LICENSE

(a) These Terms and the Order set out the whole agreement between you and us for the supply of the Services. In order to participate in certain Services, you may be required to agree to additional terms and conditions; those additional terms are hereby incorporated into these Terms. Where such terms are inconsistent with these Terms, the additional terms shall control.

(b) Please check that the details in these Terms and on the Order are complete and accurate before you use or commit yourself to purchase the Services. If you think that there is a mistake, please make sure that you ask us to confirm any changes in writing, as we only accept responsibility for statements and representations made in writing by an officer of FastHero.

(c) AS PART OF YOUR USE OF THE SERVICES, YOU AFFIRMATIVELY CONSENT TO THE PROCESSING AND STORAGE OF YOUR PERSONAL INFORMATION IN THE UNITED STATES AND THE UNITED KINGDOM, INCLUDING THE PROCESSING AND STORING OF YOUR PERSONAL INFORMATION IN THE UNITED STATES AND THE UNITED KINGDOM FOR THE PURPOSES OF PROCESSING PAYMENTS AND TRACKING INDIVIDUAL USE OF THE SERVICES. BY USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU UNDERSTAND AND AGREE THAT THE UNITED STATES AND THE UNITED KINGDOM MAY NOT HAVE THE SAME LEVEL OF PROTECTIONS FOR YOUR PERSONAL INFORMATION THAT EXIST IN YOUR COUNTRY OF RESIDENCE, AND YOU NONETHELESS CONSENT TO THE PROCESSING AND STORAGE OF YOUR PERSONAL INFORMATION IN THE UNITED STATES AND THE UNITED KINGDOM. WE WILL TAKE MEASURES AS REQUIRED TO COMPLY WITH APPLICABLE LAW REGARDING THE TRANSFER, STORAGE AND USE OF CERTAIN PERSONAL INFORMATION.

1.4 CHANGES TO TERMS

FastHero reserves the right to change or update these Terms, or any other of our policies or practices, at any time, and will notify users by posting such changed or updated Terms on this page. Any changes or updates will be effective immediately upon posting to www.fasthero.com. Your continued use of the Services constitutes your agreement to abide by the Terms as changed. Under certain circumstances we may also elect to notify you of changes or updates to our Terms by additional means, such as pop-up or push notifications within the Services or email.

2. FASTHERO MEMBERSHIPS AND SUBSCRIPTIONS

2.1 BECOMING A MEMBER

(a) You may sign up as a registered user of the Services free of charge (a “Member”). To become a Member you need to go to the My Account section of the Service, then submit your email address to us, and create a password to be used in conjunction with that email address. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your Device.

(b) In the course of your use of the Services, you may be asked to provide certain personalized information to us (such information is referred to hereinafter as “User Information”). This User Information may include information from your Facebook and similar social networking profiles. Our information collection and use policies with respect to the privacy of such User Information are set forth in the FastHero Privacy Policy. You acknowledge and agree that you are solely responsible for the accuracy and content of User Information, and you agree to keep it up to date.

(c) By placing an Order through the Service, you warrant that:

(i) You are legally capable of entering into binding contracts; (ii) All registration information you submit is truthful and accurate; (iii) You will maintain the accuracy of such information; and (iv) Your use of the Service does not violate any applicable law or regulation.

2.2 ONCE A MEMBER

You are responsible for maintaining the confidentiality of your account, password and other User Information and for restricting access to your Device to further help protect such information. You are responsible for updating your User Information.

2.3 USE OF FASTHERO BY MINORS

You must be 18 years of age, or the age of majority in your province, territory or country, to sign up as a registered user of the Service. Individuals under the age of 18, or the applicable age of majority, may utilize the Service only with the involvement and consent of a parent or legal guardian, under such person's account and otherwise subject to these Terms.

2.4 MEMBERSHIP

As a FastHero Member you will receive access to certain sections, features and functions of the Service that are not available to non- members.

By agreeing to become a Member you opt-in to receiving occasional special offer, marketing, survey and Service-based communication emails. You can easily unsubscribe from FastHero commercial emails by following the opt-out instruction in these emails. FastHero memberships and subscriptions are not transferable and therefore cannot be sold or exchanged or transferred in any way whatsoever.

2.5 SUBSCRIPTIONS

(a) FastHero account holders may access the Service in two ways:

(b) FastHero offers monthly, annual and “ForeverHero” subscription options. For the purposes of our monthly and yearly subscriptions, a month constitutes 30 calendar days and a year constitutes 365 calendar days. For the purposes of our “ForeverHero” subscription, forever constitutes 100 years or until the date FastHero ceases to commercially offer the Service.

(c) Our “Monthly” subscription is paid in monthly installments. For each month that your monthly subscription is active, you acknowledge and agree that FastHero is authorized to charge the same credit card as was used for the initial subscription fee or other payment method as set forth in section 2.5(h) (the “Payment Method”). The monthly renewal subscription fees will continue to be billed to the Payment Method you provided, automatically until cancelled. You must cancel your subscription before it renews each month in order to avoid billing of the next month’s subscription fee to the Payment Method you provided. Refunds cannot be claimed for any partial-month subscription period.

(d) Our “Yearly” subscription is paid for by an upfront one-off payment with automatic annual renewals. You acknowledge and agree that FastHero is authorized to charge the Payment Method used for (i) the initial annual subscription fee at the rate secured at the time of purchase, and (ii) the non-discounted renewal subscription fee(s). You must cancel your subscription before it renews in order to avoid billing of the renewal subscription fee to the Payment Method you provided. Refunds cannot be claimed for any partial subscription period.

(e) Our “ForeverHero” subscription is paid for by a one-off upfront payment.

(f) Subscription

(g) You agree to promptly notify FastHero of any changes to the Payment Method you provided while any subscriptions remain outstanding. You are responsible for all applicable fees and charges incurred, including applicable taxes, and all subscriptions purchased by you.

(h) In the course of your use of the Services, FastHero and its third party payment service provider may receive and implement updated credit card information from your credit card issuer in order to prevent your subscription from being interrupted by an outdated or invalid card. This disbursement of the updated credit card information is provided to FastHero and FastHero’s third party payment service provider at the sole election of your credit card issuer. Your credit card issuer may give you the right to opt-out of the update service. Should you desire to do so, please contact your credit card issuer.

(i) Our obligation to provide the Services only comes into being when we take receipt of your Order, and we confirm your purchase to you by email. We shall confirm your Order and send you an email to confirm your access to the FastHero PRO subscription purchased. Please quote the Order number in all subsequent correspondence with us. Prices in US Dollars and Euros include local taxes. All prices in Pound Sterling include VAT unless otherwise stated. You agree not to hold us responsible for banking charges incurred due to payments on your account. If payment is not received by us from the Payment Method you provided, you agree to pay all amounts due upon demand by us. You agree that you are not permitted to resell any Services purchased through FastHero for commercial purposes.

2.6 DEVICE REQUIREMENTS

To play FastHero via your smartphone or other Device, your Device must satisfy certain system requirements. These requirements can be found on the Website and the Google, Apple and Amazon App marketplaces.

2.7 JOIN MY LEAGUE GIFTING

“Join My League” (gift subscriptions) are pre-paid memberships to FastHero PRO. A person who purchases the gift is referred to in these terms as the “Giftor”. A person who receives and redeems a Gift Subscription to the Service is referred to in these terms as the “Recipient”. Gift subscriptions are paid for as a one-off upfront payment. Once bought, the Giftor will receive an Order confirmation and receipt. The FastHero PRO gift subscription will be sent to the Recipient on the Giftor’s specified date. Gifting codes can only be used once in the country for which they were purchased and cannot be redeemed for cash, resold or combined with any other offers, including free trial. Please note that gifting codes cannot be redeemed if the Recipient has already purchased a subscription through the Apple iTunes Store or our iPhone application, or the Google Play Store or our Android application. We will automatically bill the Payment Method you provided for any purchased Gift Subscriptions at the time of purchase, not delivery. There are no refunds or other credits for Gift Subscription that are not redeemed. FastHero will notify the Recipient prior to the end of the “Join My League” gift subscription that the gift period for FastHero PRO is about to expire. FastHero is not responsible if a gift subscription is lost, stolen or used without permission.

2.8 CHANGING FEES AND CHARGES

We reserve the right to change our subscription plans or adjust pricing for our service or any components thereof in any manner and at any time as we may determine in our sole and absolute discretion. Except as otherwise expressly provided for in these Terms, any price changes or changes to your subscription plan will take effect following notice to you.

3. CANCELLATION OF SERVICES

3.1 CANCELLATION BY YOU

(a) You may cancel a Monthly subscription at any time. Cancellation is effective at the end of the applicable monthly period. Please make any such cancellation via the My Account section in the FastHero mobile application or by emailing help@fasthero.com.

(b) You may cancel a Yearly subscription plan at any time. Cancellation is effective at the end of the applicable annual period. Additionally, our Yearly subscription plan is offered with a 30-day money back guarantee, which entitles you to a full refund upon cancellation and emailing help@fasthero.com to request a refund. Such refund requests must be made within the first 30 calendar days from your first date of payment. You are entitled to one refund only. After your refund, any future subscriptions will no longer qualify for the 30-day money back guarantee. No such refunds will apply to subsequent renewals of the Yearly subscription or subscriptions purchased through the Apple iTunes Store or our iPhone application, or the Google Play Store or our Android application.

(c) Please note that if you purchase a subscription through the Apple iTunes Store or our iPhone application, you may cancel your subscription by cancelling automatic renewal of paid In App Subscriptions by selecting Manage App Subscriptions in your iTunes Account settings and selecting the subscription you want to modify. If you purchase a subscription through the Google Play store you may cancel automatic renewals in account settings under Subscriptions in the Google Play app, or according to the current process outlined by Google Play.

3.2 CANCELLATION BY US

We may suspend or terminate your use of the Service as a result of your fraud or breach of any obligation under these Terms. Such termination or suspension may be immediate and without notice. A breach of these Terms, includes without limitation, the unauthorized copying or download of our audio or video content from the Services.

3.3 PROMOTION AND DISCOUNT CODES

Any promotion code or offer (including the Special Discount Pricing) provided by us may not be used in conjunction with any other promotion code or offer, past or present. Introductory offers are only available to new users of the Service, except where expressly stated otherwise. Previous users or trial users of the Service do not qualify as new users. No promotion code or discount will apply to corporate or other Community subscriptions. Unless otherwise set forth in the terms of any promotion, all pricing promotions or discounts will apply to the initial period of the subscription, and any renewals will be charged at the non-discounted rate for the type of subscription purchased.

4. PROHIBITED USE OF THE SERVICES

You agree not to upload, post, email or otherwise send or transmit or introduce any material that contains software viruses or any other computer code, files or programs designed to interrupt, harm, damage, destroy or limit the functionality of any computer software or hardware or equipment linked directly or indirectly with the Services or the Services themselves. You agree not to interfere with the servers or networks underlying or connected to the Services or to violate any of the procedures, policies or regulations of networks connected to the Services. You may not access the Services in an unauthorized manner.

You agree not to impersonate any other person while using the Services, conduct yourself in an offensive manner while using the Services, or use the Services for any illegal, immoral or harmful purpose.

By breaching the provisions of this section 4, you may commit a criminal offense under applicable laws. We may report any such breach to the relevant law enforcement authorities and we may cooperate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Services will cease immediately.

You agree not to use the Services for any purposes related to scientific research, analysis or evaluation of the Services without the express written consent of FastHero.

5. MATERIALS OFFERED THROUGH THE SERVICES

5.1 COPYRIGHT

(a) All materials (including software and content whether downloaded or not) contained in the Services are owned by FastHero (or our affiliates and/or third party licensors, where applicable), unless indicated otherwise. You agree and acknowledge that the materials are valuable property and that other than any specific and limited license for use of such materials, you shall not acquire any ownership rights in or to such materials. The materials may not be used except as provided for in these Terms, and any other relevant terms and conditions provided to you without our prior written permission.

(b) You acknowledge and agree that certain materials on or in the Service are the property of third party licensors and, without prejudice to any and all other rights and remedies available, each such licensor has the right to directly enforce relevant provisions of section 12 against you.

(c) Audio or video content from FastHero not explicitly indicated as downloadable may not be downloaded or copied from the Service or any Device.

(d) The Services are not intended for your commercial use. Commercial advertisements, affiliate links, and other forms of solicitation may be removed by us without notice and may result in termination of privileges. You must not use any part of the materials used in or on the Services for commercial purposes without obtaining a written license to do so from us. Material from the Service may not be copied or distributed, or republished, or transmitted in any way, without our prior written consent. Any unauthorized use or violation of these Terms immediately and automatically terminates your right to use the Service and may subject you to legal liability. You agree not to use the Service for illegal purposes (including, without limitation, unlawful, harassing, libelous, invasion of another’s privacy, abusive, threatening or obscene purposes) and you agree that you will comply with all laws, rules and regulations related to your use of the Services. Appropriate legal action may be taken for any illegal or unauthorized use of the Service.

(e) A limited amount of content may be marked and authorized for the user to share in their personal social channels (Facebook, Twitter, etc.). With respect to content made available by FastHero through the Service that is specifically identified as available for distribution by you (“Distribution Content”) as part of your blog or other online commentary, analysis or review (“User Commentary”), FastHero grants you a limited right to download, reproduce and distribute Distribution Content over the internet as part of your User Commentary. You may also modify such Distribution Content but only as required to technically enable the display and distribution of such content through your computer systems and over the Internet (e.g. a change in video format or file size) provided such modification does not materially alter the substance or quality of such content. Your display and distribution of Distribution Content may also be subject to other terms and conditions that are set forth in the description of such content in the Service, such as display and distribution of Distribution Content only within specified usage dates. You agree not to publish the Distribution Content with other content that is known by you to be false, inaccurate, or misleading or that is, or that encourages activity or conduct that is, unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable. Distribution Content may contain trackers that enable us to collect information with respect to the distribution and consumption of such content.

(f) You may not otherwise download, display, copy, reproduce, distribute, modify, perform, transfer, create derivative works from, sell or otherwise exploit any content, code, data or materials in the Service. If you make other use of the Service, or the content, code, data or materials thereon, except as otherwise provided above, you may violate copyright and other laws of the United States, other countries, as well as applicable state laws and may be subject to liability for such unauthorized use. FastHero will enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.

5.2 TRADEMARKS

FastHeroTM the FasHero logo, FastPointsTM and all other FastHero product or service marks are trademarks of BURN, LLC. All intellectual property, other trademarks, logos, images, product and company names displayed or referred to on or in the Services are the property of their respective owners. Nothing grants you any license or right to use, alter or remove or copy such material. Your misuse of the trademarks displayed on the Services is strictly prohibited. BURN, LLC will enforce its trademark rights to the fullest extent of the law, including the seeking of criminal prosecution.

6. AVAILABILITY OF SERVICES

Although we aim to offer you the best experience possible, we make no promise that the Services will meet your requirements and we cannot guarantee that the Services will be fault free. If a fault occurs in the Service, please report it to us at support@fasthero.com and we will review your complaint and, where we determine it is appropriate to do so, correct the fault. If the need arises, we may suspend access to the Service while we address the fault. We will not be liable to you if the Services are unavailable for a commercially reasonable period of time.

Your access to the Services may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or Service. We will restore the Services as soon as we reasonably can. In the event that the Services are unavailable, our usual Order and cancellation deadlines apply; please notify us of changes to your Order by emailing help@fasthero.com.

7. USER GENERATED CONTENT

7.1 The Service may let you submit content to us: for example, you may be able to upload a photo to your profile, post subjects and comments in the community and comment on various matters in various parts of the Service. In these Terms, we use the term “UGC” to refer to any publicly available material of any kind that you submit to us, including text, files, images, photos, video, sounds and musical or literary works. UGC does not include the account information, Service purchases, or Service use information which you provide in registering for and using our Services.

7.2 This section 7 sets out the rights and obligations that each of us have in connection with UGC. If you review or submit UGC, you are agreeing to do so in accordance with these Terms. If you do not want to review or submit UGC in accordance with these Terms, then you should not do so.

7.3 We do not systematically review UGC submitted by you or other users. We are not responsible for the content of UGC provided by you or any other user. We do not necessarily endorse any opinion contained in such material. We make no warranties or representations, express or implied, about UGC, including as to its legality or accuracy.

7.4 We reserve the right, in our sole discretion, to refuse to post or to remove or edit any of your UGC, or to restrict, suspend, or terminate your access to all or any part of the Service, particularly where UGC breaches this section 7, and we may do this with or without giving you any prior notice.

7.5 We may link UGC or parts of UGC to other material, including material submitted by other users or created by FastHero or other third parties. We may use your UGC for our internal business purposes, for example, to examine trends or categories or to promote, market or advertise FastHero. You acknowledge that we may indirectly commercially benefit from use of your UGC.

7.6 Each time you submit UGC to us, you represent and warrant to us as follows:

7.7 We are entitled to identify you to third parties who claim that their rights have been infringed by UGC you have submitted.

7.8 UGC is not considered to be confidential. You agree not to submit any content as UGC in which you have any expectation of privacy. We do not claim any ownership rights in UGC. However, by submitting UGC you hereby grant FastHero an irrevocable, perpetual, non-exclusive, royalty free, worldwide license to use, telecast, copy, perform, display, edit, distribute and otherwise exploit the UGC you post on the Service, or any portion thereof, and any ideas, concepts, or know how contained therein, with or without attribution, and without the requirement of any permission from or payment to you or to any other person or entity, in any manner (including, without limitation, for commercial, publicity, trade, promotional, or advertising purposes) and in any and all media now known or hereafter devised, and to prepare derivative works of, or incorporate into other works, such UGC, and to grant and authorize sublicenses of the foregoing without any payment of money or any other form of consideration to you or to any third party. FastHero may include your UGC in FastHero’s Distribution Content that is made available to others through the Services. Be aware that FastHero has no control over UGC once it leaves the Service, and it is possible that others may duplicate material found on the Service, including, but not limited to, on other sites on the Internet. You represent and warrant that you own or otherwise control the rights to your UGC. You agree to indemnify FastHero and its affiliates for all claims arising from or in connection with any claims to any rights in your UGC or any damages arising from your UGC.

7.9 Any inquiries, feedback, suggestions, ideas, other information which is not part of your use of the Service or UGC that you provide to us (collectively, “Submissions”) will be treated as non-proprietary and non- confidential. By transmitting, uploading, posting, e-mailing, or otherwise submitting Submissions to the Service, you grant, and you represent and warrant that you have the right to grant, to FastHero an irrevocable, perpetual, non-exclusive, royalty free, worldwide license to use, telecast, copy, perform, display, edit, distribute and otherwise exploit the Submissions, or any portion thereof and any ideas, concepts, or know how contained therein, with or without attribution, and without the requirement of any permission from or payment to you or to any other person or entity, in any manner (including, without limitation, for commercial, publicity, trade, promotional, or advertising purposes) and in any and all media now known or hereafter devised, and to prepare derivative works of, or incorporate into other works, such Submissions, and to grant and authorize sublicenses of the foregoing without any payment of money or any other form of consideration to you or to any third party. You also acknowledge that your Submissions will not be returned to you and that FastHero has no obligation to acknowledge receipt of or respond to any Submissions. If you make a Submission, you represent and warrant that you own or otherwise control the rights to your Submission. You agree to indemnify FastHero and its affiliates for all claims arising from or in connection with any claims to any rights in any Submission or any damages arising from any Submission.

8. WEBSITE LINKS

8.1 We may provide links to other websites or services for you to access. You acknowledge that any access is at your sole discretion and for your information only. We do not review or endorse any of those websites or services. We are not responsible in any way for:(a) the availability of, (b) the privacy practices of, (c) the content, advertising, products, goods or other materials or resources on or available from, or (d) the use to which others make of these other websites or services. We are also not responsible for any damage, loss or offense caused or alleged to be caused by, or in connection with, the use of or reliance on such websites or services.

8.2 You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. The Service must not be framed on any other website, nor may you create a link to any part of the Service unless you have written permission to do so from FastHero. We reserve the right to withdraw linking permission with written notice. The website from which you are linking must comply in all respects with the content standards set out in our acceptable use policy. If you wish to make any use of material on or in the Service other than that set out above, please address your request to help@fasthero.com.

9. MEDICAL DISCLAIMER

9.1 FastHero is a provider of online and mobile intermittent fasting content in the health & wellness space. We are not a health care or medical device provider, nor should any part of our Service (including any and all of FastHero’s intermittent fasting ‘MISSIONS’, ‘IF HACKS’ or any other FastHero app mechanic or content) be considered medical advice. Only your physician or other health care provider can do that. The Service is for entertainment and informational purposes only, and is solely intended for use by individuals healthy enough to make changes to their diets and lifestyle. FastHero is not intended for use by minors or individuals with any type of health condition that makes the kind of changes to diet or lifestyle suggested by the Services unsafe or inappropriate.

YOU HEREBY AGREE THAT, BEFORE USING THE FASTHERO SERVICE, YOU WILL SEEK THE ADVICE (AND ATTAIN SPECIFIC APPROVAL TO USE THE FASTHERO SERVICE FROM) A PHYSICIAN OR OTHER QUALIFIED HEALTHCARE PROVIDER WHO YOU PERSONALLY KNOW BEFORE MAKING CHANGES IN YOUR DIET OR LIFESTYLE, AND/OR STARTING, STOPPING OR MODIFYING ANY TREATMENT OR MEDICATION.

While there is third party evidence from research that intermittent fasting can assist in improved health for a wide array of conditions, FastHero makes no claims, representations or guarantees that the Service provides a medical benefit.

At our sole discretion, FastHero reserves the right to deny you access to the Service for any reason or no reason, including if we determine that you have certain medical conditions.

9.2 Any health information and links on the Service, whether provided by FastHero or by contract from outside providers, is provided simply for your convenience and informational purposes.

9.3 Any advice or other materials in the Service are intended for general information purposes only. They are not intended to be relied upon and are not a substitute for professional medical advice based on your individual condition and circumstances. The advice and other materials we make available are intended to support the relationship between you and your healthcare providers and not replace it. We are not liable or responsible for any consequences of your having read or been told about such advice or other materials as you assume full responsibility for your decisions and actions. In particular, to the fullest extent permitted by law, we make no representation or warranties about the accuracy, completeness, or suitability for any purpose of the advice, other materials and information published as part of the Service.

10. END USER LICENSE AGREEMENT

10.1 Subject to the terms of this license agreement (“License Agreement”), as set out in this section 10, and these other Terms, and your payment of applicable subscription fees, FastHero grants you a limited, non-exclusive, revocable license to stream, download and make personal non-commercial use of the Services.

10.2 The Services contain or embody copyrighted material, proprietary material or other intellectual property of FastHero or its licensors. All right, title and ownership in the Service remain with FastHero or its licensors, as applicable. The rights to download and use the Service are licensed to you and are not being sold to you, and you have no rights in them other than to use them in accordance with this License Agreement and our other Terms.

10.3 You agree that you will not and you will not assist or permit any third party to:

10.4 You may not make the Service available to the public. The Services made available (in whole or in part) are owned by FastHero or its licensors and your use of them must be in accordance with these Terms.

11. DMCA NOTICE

11.1 We are committed to complying with copyright and related laws, and we require all users of the Service to comply with these laws. Accordingly, you may not store any material or content on, or disseminate any material or content over, the Service in any manner that constitutes an infringement of third party intellectual property rights, including rights granted by copyright law. Owners of copyrighted works in the United States who believe that their rights under copyright law have been infringed may take advantage of certain provisions of the US Digital Millennium Copyright Act of 1998 (the “DMCA”) to report alleged infringements. You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is our policy to terminate privileges of any user who repeatedly infringes the copyright rights of others upon receipt of proper notification to us by the copyright owner or the copyright owner’s legal agent.

11.2 If you feel that a posted message is objectionable or infringing, we encourage you to contact us immediately. Upon our receipt of a proper notice of claimed infringement under the DMCA, we will respond expeditiously to remove, or disable access to, the material claimed to be infringing and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the content in issue. Our designated agent (i.e., the proper party) to whom you should address such notice is listed below.

11.3 If you believe that your work has been copied and posted on the Service in a way that constitutes copyright infringement, please provide our designated agent with the following information:

By mail:

BURN, LLC
Attn: Compliance Officer
30 N Gould, Ste R
Sheridan, WY 82801

By email: help@fasthero.com Subject line: DMCA

12. GENERAL TERMS AND CONDITIONS

12.1 ASSIGNMENT

FastHero may transfer its rights and obligations under these Terms to any company, firm or person at any time if it does not materially affect your rights under it. You may not transfer your rights or obligations under these Terms to anyone else. These Terms are personal to you and no third party is entitled to benefit under these Terms except as set out here.

12.2 INDEMNITY

You agree to defend, indemnify and hold FastHero and its directors, officers, members, investors, managers, employees and agents harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys’ fees, arising in any way from your use of the Services, your placement or transmission of any message, content, information, software, or other submissions through the Service, or your breach or violation of the law or of these Terms. FastHero reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with FastHero’s defense of such claim.

12.3 WARRANTIES AND LIMITATIONS

(a) We warrant to you that any Service purchased from us will, on delivery, conform in all material respects with its description and be of reasonably satisfactory quality.

(b) We warrant that we will use reasonable skill and care in making the Services available to you during your subscription.

(c) Nothing in this sections 12.3 or otherwise in these Terms shall exclude or in any way limit FastHero’s liability for: fraud; death or personal injury caused by negligence; or liability to the extent the same may not be excluded or limited as a matter of law.

(d) The Services and their content are otherwise provided on an “as is” basis and we make no representations or warranties of any kind with respect to them, including as to the accuracy, completeness or currency of the Services or their content. We assume no liability or responsibility for any errors or omissions in the content of the Service, or any failures, delays, or interruptions in the provision of the Service. We disclaim and exclude any express or implied warranties or representations, including any warranties as to merchantability or fitness for a particular purpose of the Services to the broadest extent permitted by law. We make no warranties or representations, express or implied, as to the timeliness, accuracy, quality, completeness or existence of the content and information posted on the Service. We make no warranties or representations, express or implied, for technical accessibility, fitness or flawlessness of the Service. We make no warranties or representations that your use of content and information posted on the Service will not infringe rights of third parties.

(e) All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity are, to the extent permitted by law, excluded.

12.4 NO WAIVER

If we delay exercising or fail to exercise or enforce any right available to us under these Terms, such delay or failure does not constitute a waiver of that right or any other rights under these Terms.

12.5 FORCE MAJEURE

We will not be liable to you for any lack of performance, or the unavailability or failure, of the Service, or for any failure or delay by us to comply with these Terms, where such lack, unavailability or failure arises from any cause beyond our reasonable control.

12.6 ELECTRONIC COMMUNICATIONS

Applicable laws require that some of the information or communications we send to you should be in writing. When using the Service, you agree to transact with us electronically, and that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on the Services. You agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing.

12.7 ELECTRONIC COMMUNICATIONS

Unless otherwise specifically indicated, all notices given by you to us must be given to FastHero at help@fasthero.com. We may give notice to you at the e-mail address you provide to us when you register, or in any of the ways specified in section 12.6 above. Notice will be deemed received and properly served immediately when posted on the Service or when an email or other electronic communication is sent. In proving the service of any notice via email, it will be sufficient to prove that such email was sent to the specified email address of the addressee.

12.8 ENTIRE AGREEMENT

These Terms and any document expressly referred to in them constitute the whole agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to their subject matter. We each acknowledge that neither of us relies on, or will have any remedies in respect of, any representation or warranty (whether made innocently or negligently) that is not set out in these Terms or the documents referred to in them. Each of us agrees that our only liability in respect of those representations and warranties that are set out in this agreement (whether made innocently or negligently) will be for breach of contract. Nothing in this section limits or excludes any liability for fraud.

12.9 THIRD PARTY RIGHTS

A person who is not party to these Terms will not, subject to section 11 (DMCA), have any rights under or in connection with these Terms.

12.10 OUR LIABILITY

(a) We will use reasonable endeavors to remedy faults in the Service. If we fail to comply with these Terms, we will be liable to you only for the purchase price of the Service in question. In addition, we will not be liable for:

(b) To the extent permitted by law, FastHero and its affiliates, suppliers, clients, or licensors (collectively, the “Protected Entities”) shall not be liable for any consequential, exemplary or punitive damages arising from, or directly or indirectly related to, the use of, or the inability to use, the Service or the content, materials and functions related thereto, your provision of information via the Service, or lost business or lost sales, or any errors, viruses or bugs contained in the Service, even if such Protected Entity has been advised of the possibility of such damages. In no event shall the Protected Entities be liable for or in connection with any content posted, transmitted, exchanged or received by or on behalf of any user or other person on or through the Service. In no event shall the total aggregate liability of the Protected Entities to you for all damages, losses, and causes of action (whether in contract or tort, including, but not limited to, negligence or otherwise) arising from these terms of use or your use of the Service exceed, in the aggregate, the amount, if any, paid by you to FastHero for your use of the Service.

12.11 ARBITRATION

PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY, AS THEY REQUIRE YOU TO ARBITRATE DISPUTES WITH FASTHERO, AND LIMIT THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM FASTHERO.

(a) Applicability of Arbitration Agreement. All disputes arising out of, relating to, or in connection with these Terms or your use of the Services that cannot be resolved informally or in small claims court will be resolved through binding arbitration on an individual basis, except that you and FastHero are not required to arbitrate any dispute in which either party seeks equitable relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents

(b) Arbitration Rules. The Federal Arbitration Act governs the interpretation and enforcement of this dispute-resolution provision. Arbitration will be initiated through the American Arbitration Association ("AAA"). If the AAA is not available to arbitrate, the parties will select an alternative arbitral forum. The rules of the arbitral forum will govern all aspects of this arbitration, except to the extent those rules conflict with these Terms. The AAA Consumer Arbitration Rules (“AAA Rules”) governing the arbitration are available online at www.adr.org or by calling the AAA at 1-800-778-7879. The arbitration will be conducted by a single neutral arbitrator.

If the claim is for $10,000 or less, the party initiating the arbitration may choose whether the arbitration will be conducted (1) solely on the basis of documents submitted to the arbitrator; (2) through a non-appearance based telephonic hearing; or (3) by an in-person hearing as established by the AAA Rules in the county of your billing address. In the case of an in- person hearing, the proceedings will be conducted at a location which is reasonably convenient for both parties with due consideration of the ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, the determination will be made by the arbitration institution.

Your arbitration fees and your share of arbitrator compensation will be limited to those fees set forth in the AAA Rules with the remainder paid by FastHero. If the arbitrator finds that either the substance of your claim or the relief sought in the arbitration is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In such case, you agree to reimburse FastHero for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.

(c) Authority of Arbitrator. The arbitrator will decide the jurisdiction of the arbitrator and the rights and liabilities, if any, of you and FastHero. The dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator will have the authority to grant motions dispositive of all or part of any claim or dispute. The arbitrator will have the authority to award all remedies available under applicable law, the arbitral forum's rules, and the Terms. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and FastHero.

(d) Jury Trial Waiver. You and FastHero waive any constitutional and statutory rights to go to court and have a trial in front of a judge or a jury. Rather, you and FastHero elect to have claims and disputes resolved by arbitration. In any litigation between you and FastHero over whether to vacate or enforce an arbitration award, you and FastHero waive all rights to a jury trial, and elect instead to have the dispute be resolved by a judge.

(e) Class Action Waiver. WHERE PERMITTED UNDER THE APPLICABLE LAW, YOU AND FastHero AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR OUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR CONSOLIDATED ACTION. If, however, this waiver of class or consolidated actions is deemed invalid or unenforceable, neither you nor FastHero are entitled to arbitration; instead all claims and disputes will be resolved in a court as set forth in section 13.13 below.

(f) Opt-out. YOU MAY OPT-OUT OF THIS ARBITRATION AGREEMENT. If you do so, neither you nor FastHero can force the other to arbitrate. To opt-out, you must notify FastHero in writing no later than 30 days after first becoming subject to this arbitration agreement. Your notice must include your name and address, and the email address you used to set up your FastHero account (if you have one), and an unequivocal statement that you want to opt-out of this arbitration agreement. You must send your opt-out notice to one of the following physical or email addresses: BURN, LLC, ATTN: Compliance Officer, 30 N Gould, Ste R Sheridan, WY 82801; help@fasthero.com.

(g) Small Claims Court. Notwithstanding the foregoing, either you or FastHero may bring an individual action in small claims court.

(h) Public Injunction Exclusion. Notwithstanding the foregoing, you may pursue a claim for public injunctive relief either in court or through arbitration.

(j) Arbitration Agreement Survival. This arbitration agreement will survive the termination of your relationship with FastHero.

12.12 EXCLUSIVE VENUE

To the extent the parties are permitted under these Terms to initiate litigation in a court, both you and FastHero agree that all claims and disputes arising out of or relating to the Terms or the use of the Service will be litigated exclusively in the United States District Court for the District of Wyoming. If, however, that court would lack original jurisdiction over the litigation, then all claims and disputes arising out of or relating to the Terms or the use of the Services will be litigated exclusively in Sheridan County Court, Sheridan, Wyoming. You and FastHero consent to the personal jurisdiction of both courts.

12.13 CHOICE OF LAW

Except to the extent they are preempted by U.S. federal law, the laws of Wyoming, other than its conflict-of-laws principles, govern these Terms and any disputes arising out of or relating to these Terms or their subject matter, including tort claims.

12.14 SEVERABILITY

If any provision of these Terms is found unenforceable, then that provision will be severed from these Terms and not affect the validity and enforceability of any remaining provisions.

These Terms are effective and were last updated on May 1, 2020.