TERMS AND CONDITIONS AGREEMENT

Last Updated November 19, 2016

Thank you for your interest in BINTO LLC. Together with our Privacy Policy, the provisions of this Terms and Conditions Agreement (these “Terms”) govern:

  1. the relationship between and among BINTO LLC (“BINTO,” “we,” or “our”), you (“you” or “your”), and your spouse, your partner, or any other person, if you opt such spouse, partner, or other person into receiving any BINTO Material, as defined below, or using BINTO’s Services, as defined below (in which case “you” and “your” in these Terms shall also refer to such spouse, partner, or other person); and
  2. the conditions of your use of our applications, websites, products, services, BINTO Material, and communications (collectively, “BINTO’s Services”). By using BINTO’s Services in any manner whatsoever, you accept and agree to be bound by these Terms in their entirety.

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BY USING BINTO’S SERVICES IN ANY MANNER WHATSOEVER, YOU ACCEPT AND AGREE TO BE BOUND BY THESE TERMS IN THEIR ENTIRETY. PLEASE READ THESE TERMS CAREFULLY BEFORE USING BINTO’S SERVICES. THIS IS A LEGALLY BINDING AGREEMENT.

  1. You acknowledge, accept, and agree that: (A) your use of BINTO’s Services constitutes your use of an electronic signature; (B) your use of BINTO’s Services constitutes your written acknowledgement that you were provided with these Terms; and (C) your use of BINTO’s Services after your initial acceptance constitutes and demonstrates your continued acceptance of these Terms, even if provisions of these Terms are changed, modified, or removed, and even if provisions are added to these Terms.
  2. All use of BINTO’s Services is subject to these Terms in their entirety. If you do not accept and agree with any of these Terms, you may not use BINTO’s Services, and you should not enter any of your information into our applications or websites. Regardless of whether you enter any information into our applications or our websites, your use of BINTO’s Services is subject to these Terms in their entirety.
  3. You may not use BINTO’s Services if you: (A) are under eighteen (18) years of age; (B) are a competitor of BINTO who seeks to use or investigate BINTO’s Services for competitive research; (C) intend to use BINTO’s Services for any purpose that is unlawful or harmful, malicious, or disruptive to BINTO, BINTO’s Services, any person, or any other entity; (D) are located in, or reside in, a territory in which applicable laws prohibit you from using BINTO’s Services; (E) do not accept and agree to be bound by any provision of these Terms; or (F) do not accept and agree to be bound by any provision of our Privacy Policy.
  4. You agree that you will not submit or cause to be submitted any receipt obtained or purchase made by or through the use of any of BINTO’s Services to the Medicare or Medicaid programs, or any other Federal health care program (as defined at 42 U.S.C. § 1320a-7b(f)), for payment, reimbursement, or otherwise.
  5. Any medical statement or other information contained in BINTO’s Services is general and cannot substitute for the advice of a medical professional (e.g., a qualified doctor, physician, nurse, or other healthcare provider). We do not take or assume, and we expressly disavow, any responsibility for the results or consequences of any attempt to use or adopt any such statement or other information contained in BINTO’s Services. Any such statement or other information in BINTO’s Services may not apply to you or your specific symptoms. You agree that you will not interpret any such statement or other information contained in BINTO’s Services as an attempt to offer or render a medical opinion or otherwise engage in the practice of medicine. If you think you or a child in your care may have a medical emergency, do not use BINTO’s Services. Please call your doctor or 911 immediately.
  6. We neither provide nor purport to provide medical advice, and BINTO’s Services neither provide nor purport to provide medical advice. BINTO’s Services are provided for general educational and informational purposes only. You agree that you will not treat any information in BINTO’s Services as medical advice. Although BINTO’s Services may reference medical topics, we make no warranty whatsoever that product descriptions or any other contents within BINTO’s Services are accurate, complete, reliable, current, free from errors, or applicable to you. We expressly disavow any implied warranties that may or may not otherwise apply to BINTO’s Services.
  7. You agree that you will only use BINTO’s Services in accordance with these Terms. You agree that you will only use BINTO’s Services in non-emergency situations. You agree that you are seeking BINTO’s Services for general educational or informational purposes only. You agree that you will not seek any diagnosis, prognosis, treatment, prescription, product recommendation, or medical advice of any kind from BINTO or BINTO’s Services. If you are using BINTO’s Services to avoid conceiving, you may still conceive. You may or may not learn that you are at risk of having certain medical complications or conditions through your use of BINTO’s Services. You agree that BINTO provides no guarantee that you will avoid conceiving or accomplish any of your reproductive or other health goals through the use of BINTO’s Services or otherwise.
  8. BINTO’S SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING BUT NOT LIMITED TO SOFTWARE), AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH BINTO’S SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. BINTO MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF BINTO’S SERVICES OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING BUT NOT LIMITED TO SOFTWARE), OR OTHER SERVICES INCLUDED IN OR OTHERWISE MADE AVAILABLE TO YOU THROUGH BINTO’S SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF BINTO’S SERVICES IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, BINTO DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE. BINTO DOES NOT WARRANT THAT BINTO’S SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING BUT NOT LIMITED TO SOFTWARE), OR OTHER SERVICES INCLUDED IN OR OTHERWISE MADE AVAILABLE TO YOU THROUGH BINTO’S SERVICES, BINTO’S SERVERS, OR BINTO’S ELECTRONIC COMMUNICATIONS ARE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. BINTO WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF, RELATING TO, OR IN CONNECTION WITH THE USE OF BINTO’S SERVICES, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING BUT NOT LIMITED TO SOFTWARE), OR OTHER SERVICES INCLUDED IN OR OTHERWISE MADE AVAILABLE TO YOU THROUGH BINTO’S SERVICES, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
  9. Notwithstanding the preceding paragraph of these Terms, in the event that BINTO is found to be liable to you, you agree and acknowledge that BINTO’s aggregate liability, for any cause whatsoever, and regardless of the form of action, will at all times be limited to the amount that you paid, if any, to BINTO for the product or service in question.
  10. In no event will BINTO or its officers, directors, employees, affiliates, agents, attorneys, representatives, partners, sponsors, advertisers, or other affiliated persons or entities be liable to you or anyone else for any decision made or action taken by you or anyone else in reliance upon BINTO’s Services. You agree to indemnify and hold BINTO and its officers, directors, employees, affiliates, agents, attorneys, representatives, partners, sponsors, advertisers, and other affiliated persons and entities harmless from any and all losses, damages, liabilities, claims, demands, suits, or causes of action (including but not limited to reasonable attorneys’ fees and costs) arising out of, relating to, or in connection with: (A) any such decision or action taken by you in reliance upon BINTO’s Services; and (B) your use or misuse of BINTO’s Services.
  11. We reserve the right to terminate, limit, suspend, or refuse your access to BINTO’s Services for any reason or for no reason whatsoever. Without limiting the generality of the preceding sentence, you acknowledge and agree that we have the right to terminate, suspend, or limit your access to BINTO’s Services in the event that: (A) you fail to pay any fees or charges that you previously committed to pay; or (B) we determine, in our sole discretion, that you have violated the policies of BINTO’s Services, including but not limited to any activities that adversely impact the experience of other users of BINTO’s Services. If you violate any of these Terms, your permission to use BINTO’s Services automatically terminates, and you must immediately destroy any copies of any portion of BINTO’s Services that you have made. Despite the termination, suspension, or limitation of your access to BINTO’s Services or the termination of your permission to use BINTO’s Services, BINTO may continue to retain your Personal Information (as defined below). You agree that any such termination, suspension, or limitation may be undertaken without prior notice, and you agree that BINTO will not be liable to you or any third party for any such termination, suspension, or limitation.
  12. We reserve the right to change, modify, or remove provisions of these Terms, or add provisions to these Terms, at any time without specific notice to you. You hereby acknowledge and agree that you will review these Terms periodically for any changes. If you are not satisfied with these Terms in their entirety, then you agree that your sole and exclusive remedy is to discontinue your relationship with BINTO and any use of BINTO’s Services.
  13. Except as otherwise provided in these Terms or in our Privacy Policy, by submitting or posting any content or material to BINTO or through BINTO’s Services, you grant BINTO a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display any such content or material throughout the world in any media. You grant BINTO and our sub-licensees the right to use the name that you submit in connection with such content. You represent and warrant that: (A) you own or otherwise control all of the rights to such content or material; (B) such content or material is accurate; (C) the use of such content or material does not violate these Terms and will not cause injury to any person or entity; (D) you will indemnify and hold harmless BINTO for any and all claims arising out of, relating to, or in connection with any such content or material; and (E) you remain solely responsible for any such content or material. BINTO has the right, but not the obligation, to monitor, edit, or remove any such content or material. BINTO takes no responsibility and assumes no liability for any content or material submitted or posted by you or any third party.
  14. You agree that you will not submit or post any content or material to BINTO or through BINTO’s Services that:
    1. infringes upon or violates any rights of any person or entity;
    2. infringes on the intellectual property, privacy, or publicity rights of any other person or entity;
    3. distributes viruses or other harmful computer code;
    4. constitutes spam, junk mail, or an unsolicited offer, advertisement, or proposal that other users of BINTO’s Services will see or receive, including but not limited to unsolicited advertising, promotional material, or other solicitation material, bulk mailing of commercial advertising, chain mail, pyramid schemes, informational announcements, charity requests, and petitions for signatures;
    5. is unlawful, obscene, derogatory, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity, as determined by BINTO in BINTO’s sole discretion;
    6. regards any person under eighteen (18) years of age;
    7. promotes violence, illegal drug use, or substance abuse;
    8. describes how to perform a violent act, use illegal drugs, or abuse other substances;
    9. impersonates another person or entity, creates a false impression, or misleads others as to the origins of such content or material;
    10. collects or seeks to collect the personal information of any other person or entity, including but not limited to names, home addresses, email addresses, telephone numbers, credit card numbers, social security numbers, or any other confidential or personally identifiable information, or any information that may be used to track, contact, or impersonate any such person or entity (collectively, “Personal Information”);
    11. discloses the Personal Information of any other person or entity;
    12. restricts or inhibits any other person or entity from using or enjoying BINTO’s Services in any way;
    13. exposes BINTO or any of BINTO’s users, customers, partners, affiliates, or suppliers to any liability or detriment of any type; or
    14. otherwise violates these Terms.
  15. Subject to your compliance with these Terms and your payment of any applicable fees or charges, BINTO or its content providers grant you a limited, non-exclusive, non-transferable, non-sub-licensable license to access and make personal and non-commercial use of BINTO’s Services. This license does not include any: (A) resale or commercial use of BINTO’s Services; (B) collection and use of any product listings, descriptions, or prices; (C) derivative use of BINTO’s Services; (D) downloading, copying, or other use of account information for the benefit of any third party; or (E) use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Terms are reserved and retained by BINTO or its licensors, suppliers, publishers, right-holders, or other content providers. BINTO’s Services may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of BINTO. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including but not limited to images, text, page layout, or form) of BINTO without express written consent. You may not use any meta tags or any other “hidden text” utilizing BINTO’s name or trademarks without BINTO’s express written consent. You may not remove or obscure any copyright notice, trademark notice, or other proprietary rights notice displayed on or in conjunction with BINTO’s Services. You may not misuse BINTO’s Services. You may only use BINTO’s Services as permitted by law. The licenses granted by BINTO terminate automatically if you do not comply with these Terms in their entirety.
  16. BINTO’s Services may feature certain information, articles, feedback, tips, advice, recommendations, messages, comments, posts, text, graphics, software, photographs, videos, data, opinions, statements, descriptions, or other content or materials (collectively, “BINTO Material”). BINTO cannot guarantee, and is not responsible for, the accuracy, completeness, or timeliness of any BINTO Material, whether provided by BINTO or otherwise. We make no warranty whatsoever that any product descriptions or any other contents within BINTO’s Services are accurate, complete, reliable, current, free from errors, or applicable to you. Any BINTO Material expressed or made available by users of BINTO’s Services or third parties is the responsibility of such users or third parties, and any such BINTO Material is not the responsibility of BINTO. BINTO does not endorse, and is not responsible for, the accuracy or reliability of any BINTO Material that is available through BINTO’s Services. BINTO does not have any obligation to prescreen, edit, or remove any BINTO Material that is available through BINTO’s Services. Nevertheless, we reserve the right, but not the obligation, in our sole discretion and for any reason, to prescreen, edit, refuse to accept, remove, move, or augment any such BINTO Material.
  17. BINTO’s Services may contain detailed or graphic content about sexual acts, anatomy, medical complications, and the like. If you are sensitive to any such content, please do not use BINTO’s Services.
  18. BINTO’s Services may provide links to the applications or websites of affiliated companies, other entities, other persons, or other third parties. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any such companies, entities, persons, or third parties, or the content on their applications or websites. We do not assume any responsibility or liability for the actions, products, and content of such companies, entities, persons, or third parties. You should carefully review their privacy statements and other conditions of use.
  19. BINTO’s Services constitute the property of BINTO and our affiliates and licensors, and are protected from unauthorized copying and dissemination by copyright and trademark laws of the United States of America (the “U.S.”), international conventions, and other intellectual property laws. Your use of BINTO’s Services does not give you ownership of any intellectual property rights in any of BINTO’s Services. By posting BINTO Material on BINTO’s Services, we do not waive any right in or to such BINTO Material. Except as otherwise provided in these Terms or in our Privacy Policy, you may not copy, redistribute, or publish any part of BINTO’s Services, including but not limited to BINTO Material.
  20. If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement, or if you believe that your intellectual property rights have been violated in any other way, please submit a notice to BINTO via email to suzie@theradioeffect.com along with the following information and materials:
    1. a physical signature of the person authorized to act on behalf of the owner of the copyright interest or other intellectual property right;
    2. a description of the copyrighted work or other intellectual property right that you claim has been infringed;
    3. a description of where the material in question is located within BINTO’s Services;
    4. your address, telephone number, and email address;
    5. a statement by you that you have a good-faith belief that the disputed use is not authorized by: (A) the owner of the copyrighted work or other intellectual property right or the agent of such owner; or (B) the law; and
    6. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are: (A) the owner of the copyrighted work or other intellectual property right; or (B) authorized to act on behalf of such owner.
  21. You are responsible for maintaining the confidentiality of your BINTO account(s) and password(s) and for restricting access to your computer(s) and other device(s), and you agree to accept responsibility for all activities that occur under your BINTO account(s) or as a result of your access to BINTO’s Services. You are responsible for taking all necessary steps to ensure that no unauthorized person shall have access to your BINTO account(s) and password(s). It is your responsibility to: (A) control the distribution or non-distribution of your BINTO password(s) and other account information; (B) authorize, monitor, and control access to and use of your BINTO account(s) and password(s); and (C) inform BINTO of any need to change or deactivate your BINTO account(s) or password(s).
  22. You agree that your use of BINTO’s Services shall be lawful and will not:
    1. interfere with or circumvent any security feature or any feature that restricts, or enforces limitations on, use of or access to BINTO’s Services;
    2. reveal any Personal Information of any other person or entity;
    3. trick, defraud, or mislead BINTO or other users of BINTO’s Services;
    4. cover or obscure any notice, banner, advertisement, or other branding;
    5. disparage, tarnish, or otherwise harm BINTO or BINTO’s Services;
    6. disseminate or transmit any malicious or invasive code, program, software, or other material;
    7. upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism;
    8. copy or adapt (or attempt to copy or adapt) BINTO’s Services in any way;
    9. reverse engineer, decompile, reverse assemble, modify, or attempt to discover any of BINTO’s software;
    10. make improper use of BINTO’s Services; or
    11. violate these Terms or any local, state, federal, or international law, rule, or regulation, or any rules of conduct posted with respect to any particular feature of BINTO’s Services.
  23. We operate and control BINTO’s Services from the U.S. We make no claims that BINTO’s Services are appropriate or available for use outside of the U.S., and use of or access to BINTO’s Services from territories where BINTO’s Services may be illegal is prohibited. If you access BINTO’s Services from locations outside of the U.S.: (A) you are responsible for compliance with the laws of such locations if, and to the extent that, such laws are applicable; and (B) you do so at your own risk.
  24. These Terms and the relationship between you and BINTO, and any and all disputes, claims, and controversies arising out of, relating to, or in connection with these Terms, the relationship between you and BINTO, your access to BINTO’s Services, your use of BINTO’s Services, and your submitting or posting of any content or material to BINTO or through BINTO’s Services shall be governed by, and construed in accordance with, the laws of the Commonwealth of Pennsylvania, without regard to conflicts of laws principles that would require the application of any other law.
  25. Any Proceeding (as defined below) arising out of, relating to, or in connection with these Terms, the relationship between you and BINTO, your access to BINTO’s Services, your use of BINTO’s Services, and your submitting or posting of any content or material to BINTO or through BINTO’s Services shall be brought in the courts of the County of Delaware within the Commonwealth of Pennsylvania, or, if it has or can acquire jurisdiction, in the United States District Court for the Eastern District of Pennsylvania. Each of you and BINTO irrevocably: (A) submits to the exclusive jurisdiction of each such court in any Proceeding; (B) waives any objection to venue or to convenience of forum that may now or hereafter exist; (C) agrees that all claims in respect of the Proceeding shall be heard and determined only in any such court; and (D) agrees not to bring any Proceeding arising out of, relating to, or in connection with these Terms, the relationship between you and BINTO, your access to BINTO’s Services, your use of BINTO’s Services, and your submitting or posting of any content or material to BINTO or through BINTO’s Services in any other court. For purposes of this paragraph, “Proceeding” shall mean any action, arbitration, audit, hearing, investigation, litigation, or suit (whether civil, administrative, judicial, or investigative, whether formal or informal, whether public or private) commenced, brought, conducted, or heard by or before any federal, state, local, municipal, foreign, or other government (including any agency, branch, department, board, commission, court, tribunal, instrumentality, or other entity exercising governmental or quasi-governmental powers).
  26. YOU AND BINTO AGREE THAT ALL CLAIMS, CAUSES OF ACTION, CONTROVERSIES, OR DISPUTES IN ANY FORUM SHALL BE CONDUCTED ON AN INDIVIDUAL BASIS AND NOT AS PART OF ANY CLASS OR PURPORTED CLASS. YOU AND BINTO AGREE THAT NEITHER YOU NOR BINTO WILL PARTICIPATE IN ANY CLASS BROUGHT BY ANY THIRD PARTY ARISING OUT OF, RELATING TO, OR IN CONNECTION WITH THESE TERMS, THE RELATIONSHIP BETWEEN YOU AND BINTO, YOUR ACCESS TO BINTO’S SERVICES, YOUR USE OF BINTO’S SERVICES, AND YOUR SUBMITTING OR POSTING OF ANY CONTENT OR MATERIAL TO BINTO OR THROUGH BINTO’S SERVICES.
  27. We reserve the right to temporarily or permanently change, modify, suspend, remove, terminate, or discontinue BINTO’s Services or your access to BINTO’s Services at any time. You agree that we will not be liable to you or to any third party for any such change, modification, suspension, removal, termination, or discontinuance.
  28. BINTO may assign these Terms, together with any rights and licenses granted hereunder, without any restriction. You may not assign these Terms or any rights or licenses granted hereunder, whether by sale, merger, operation of law, or otherwise, without the express written consent of BINTO. Any assignment or attempted assignment in violation of these Terms shall be void.
  29. These Terms shall be binding upon and inure to the benefit of you, BINTO, and each of your and BINTO’s permitted successors, heirs, and assigns.
  30. YOU AGREE THAT, REGARDLESS OF ANY LAW TO THE CONTRARY (INCLUDING BUT NOT LIMITED TO ANY RELEVANT STATUTES OF LIMITATION), YOU MUST FILE ANY CLAIM OR CAUSE OF ACTION THAT YOU MAY HAVE ARISING OUT OF, RELATING TO, OR IN CONNECTION WITH THESE TERMS, THE RELATIONSHIP BETWEEN YOU AND BINTO, YOUR ACCESS TO BINTO’S SERVICES, YOUR USE OF BINTO’S SERVICES, OR YOUR SUBMITTING OR POSTING OF ANY CONTENT OR MATERIAL TO BINTO OR THROUGH BINTO’S SERVICES WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION ACCRUED. FURTHER, YOU AGREE THAT, REGARDLESS OF ANY SUCH LAW TO THE CONTRARY, IF YOU DO NOT FILE ANY SUCH CLAIM OR CAUSE OF ACTION WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION ACCRUED, ANY SUCH CLAIM OR CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.
  31. Except as otherwise provided in these Terms or in our Privacy Policy, you agree that these Terms will survive any change, modification, suspension, removal, termination, or discontinuance of your BINTO account(s), BINTO’s Services, your access to BINTO’s Services, or your permission to use BINTO’s Services.
  32. If any provision of these Terms, or the application of any provision of these Terms to any person, entity, or circumstance, is held invalid or unenforceable by any court of competent jurisdiction, then the other provisions of these Terms, and the application of any such other provision of these Terms to persons, entities, or circumstances other than those to which it was held invalid or unenforceable, will remain in full force and effect, and such invalid or unenforceable provision shall be deemed to be replaced by the valid and enforceable provision most substantively similar thereto. Any provision of these Terms held invalid or unenforceable only in part or degree by such court shall remain in full force and effect to the extent not held invalid or unenforceable.
  33. No waiver of any provision of these Terms shall be deemed a further or continuing waiver of such provision or any other provision.
  34. Together with our Privacy Policy, these Terms constitute the entire agreement between you and BINTO regarding the relationship between you and BINTO and your use of BINTO’s Services.