Terms of Use

IMPORTANT – Please carefully read and understand these Terms of Use before accessing, using, or subscribing to Fanathem. These terms contain disclaimers of warranties and limitations of liabilities (see Sections 6, 9, and 10). These terms form an essential basis of our agreement. Please print and retain a copy of this agreement for your records.

Fanathem is a Remarkabl, Inc. company.

The use of Fanathem (along with all subdomains, collectively referred to hereafter as the “Website”), which is owned and maintained by Remarkabl LLC (“Remarkabl,” “Remarkabl Secrets,” “we,” “our,” “us”), is governed by the policies, terms, and conditions set forth below. Please read them carefully. We offer the Website, including all information, tools, and services available from the Website to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here. By accessing, using, or subscribing to the Website, you and your business agree to the terms set forth herein. If you do not agree to these terms in their entirety, you are not authorized to use the Website.

THIS IS A BINDING AGREEMENT. These Terms of Use (“Terms”) together with our Privacy Policy form a legally binding agreement (“Agreement”) between you and your business (“you” or “Customer”) and Remarkabl, and should be read carefully. This Agreement governs your access to, use, and attempted use of the Website and the services provided by Remarkabl. This Agreement contains arbitration and class action waiver provisions that waive your right to a court hearing, right to a jury trial, and right to participate in a class action. Arbitration is mandatory and is the exclusive remedy for any and all disputes unless specified below in Section 11.

Remarkabl reserves the right to update and change, from time to time, these Terms and all documents incorporated by reference by posting updates and/or changes to our Website. It is your responsibility to check this page periodically for changes. To sign up as a paying Remarkabl client, you will be required to agree to additional contractual terms.

SECTION 1 – WEBSITE USE

The Website is intended for use by adults. If you use the Website, you affirm that you are at least 18 years old or the legal age of majority in your state or province of residence (whichever is greater) and have read this Agreement and understand and agree to its terms. Furthermore, in the event that you intend to enter a giveaway promotion, you acknowledge and agree to the sweepstakes rules governing the specific giveaway promotion you intend to enter, found here: https://www.fanathem.com/official-rules/

SECTION 2 – WEBSITE USER CONDUCT AND RESTRICTIONS

All aspects of our Website are protected by U.S. and international copyright, trademark, and other intellectual property laws, including all design elements, text material, logos, taglines, metatags, hashtags, photographic images, personal stories, icons, video and audio clips, personal training sessions, marketing tips and strategies, and downloads. No material on or provided through the Website may be copied, reproduced, distributed, republished, uploaded, displayed, posted, or transmitted in any way whatsoever. The Remarkabl and Fanathem trademarks and logos are proprietary marks of Remarkabl Inc, and the use of those marks is strictly prohibited unless otherwise provided for by these Terms. Nothing herein gives you the right to use, copy, register as a domain name, reproduce, or otherwise display any logo, tagline, trademark, trade name, copyrighted material, patent, trade dress, trade secret, or confidential information owned by Remarkabl. Subject to your continued strict compliance with all Terms, Remarkabl provides to you a revocable, limited, non-exclusive, royalty-free, non-sublicensable, non-transferable license to use the Website. You acknowledge and agree that you do not acquire any ownership rights in any material protected by intellectual property laws. You agree not to use or attempt to use the Website in any unlawful manner. You further agree not to commit any unlawful act or attempt to commit any unlawful act on or through the Website including, but not limited to: (1) hacking and other digital or physical attacks on the Website; (2) publishing vulgar, obscene, or defamatory material; or (3) any other unlawful act.

SECTION 3 – OUR PRIVACY POLICY AND YOUR PERSONAL INFORMATION

We respect your privacy and the use and protection of your and your business’s non-public, personal information. Your submission of personal information through the Website is governed by our Privacy Policy. Our Privacy Policy may be viewed at https://www.fanathem.com/privacy-policy/. Remarkabl reserves the right to modify its Privacy Policy in its reasonable discretion from time-to-time. Our Privacy Policy is incorporated into this Agreement by reference.

SECTION 4 – PROHIBITED USE OF THE SITE

You agree not to use or attempt to use the Website in any unlawful manner or a manner harmful to Remarkabl. You further agree not to commit any harmful or unlawful act or attempt to commit any harmful or unlawful act on or through the Website including, but not limited to, refraining from:

a. HARMFUL ACTS.

Any dishonest or unethical business practice; any violation of the law; infliction of harm to Remarkabl’s reputation; hacking and other digital or physical attacks on the Website; use of any device, software, or routine that interferes with the proper functioning of the Website or servers or networks connected to the Website, or take any other action that interferes with another’s use of the Website; use of any “robot,” “spider” or other automatic or manual device or process for the purpose of compiling information on the Website for purposes other than for a generally available search engine, including but not limited to any actions which spam, phish, pretext, spider, or scrape the Website; otherwise collect or track the personal information of others; any violation of the rights of Remarkabl or any third party, including but not limited to use of any company name, service marks, or trademarks without prior written consent, including as metatags or hidden text.

b. “SPAMMING” AND UNSOLICITED COMMUNICATIONS.

We have zero tolerance for spam and unsolicited communications. Any communications sent or authorized by you reasonably deemed “spamming,” or any other unsolicited solicitations (including without limitation postings on social media or third party blogs) will be deemed a material threat to Remarkabl’s reputation and to the rights of third parties.

c. OFFENSIVE COMMUNICATIONS.

Any communication sent, posted, or authorized by you, including without limitation postings on any website operated by you, or social media or blog, which are: sexually explicit, obscene, vulgar, or pornographic; offensive, profane, hateful, threatening, harmful, defamatory, libelous, harassing, or discriminatory; graphically violent; solicitous of unlawful behavior; or that violates the intellectual property rights of another.

SECTION 5 – INFORMATION YOU PROVIDE; REGISTRATION; USERNAMES AND PASSWORDS

As a Remarkabl user, you may be required to create an account with Remarkabl. You warrant that the information you provide us is truthful and accurate, and that you are not impersonating another person. You are responsible for maintaining the confidentiality of any password you may use to access your business’s Remarkabl user account, and you agree not to transfer the password or user name, or lend or otherwise transfer your use of or access to your user account, to any unauthorized third party. You are fully responsible for all transactions with, and information conveyed to, Remarkabl under your user account. You agree to immediately notify Remarkabl of any unauthorized use of your password or user name or any other breach of security related to your business’s user account. You agree that Remarkabl is not liable, and you will hold Remarkabl harmless, for any loss or damage arising from your failure to comply with any of the foregoing obligations. Please see Section 13 below for additional information.

SECTION 6 – DISCLAIMER – INDIVIDUAL CHANCES WILL VARY

By participating in any Remarkabl sweepstakes promotion, Entrants agree to abide by and be bound by the published Official Rules and the decisions of the Sponsor for the entered sweepstakes promotion, which are final and binding in all matters relating to the Sweepstakes. Winning any prize is contingent upon fulfilling all requirements set forth within the sweepstakes rules. Potential Grand Prize Winners will be selected in a random drawing conducted by the Administrator. Odds of winning any entered sweepstakes will depend on the total number of eligible entries received throughout the Sweepstakes Period. We do not offer any guarantees and you should not purchase our products or collectibles if that is your expectation.

SECTION 7 – YOUR RESPONSIBILITIES IN ENTERING A PROMOTION

You are solely and exclusively responsible for complying with any and all applicable laws and regulations in entering one of our Remarkabl Promotions and Sweepstakes, including, but not limited to, all laws governing advertising and marketing claims, subscriptions, refunds, premium offers, tax laws, and all additional laws applicable to the particular sweepstakes and/or grand prize offering. Remarkabl shall have no liability for your or your violation of any laws. You agree to indemnify Remarkabl as set out in Section 13 below in the event that you violate any law and a claim is threatened or asserted against Remarkabl as a result.

SECTION 8 – TESTIMONIALS, REVIEWS, AND PICTURES/VIDEOS

Remarkabl is pleased to hear from users and welcomes your comments regarding our services and products. Remarkabl may use testimonials and/or product reviews in whole or in part together with the name, city, and state of the person submitting it. Testimonials may be used for any form of activity relating to Remarkabl’s services or products, in printed and online media, as Remarkabl determines in its sole and exclusive discretion. Testimonials represent the unique experience of the participants submitting the testimonial, and do not necessarily reflect the experience that you may have using our services or products. As set forth above in Section 6, your results will vary depending upon a variety of factors unique forces beyond Remarkabl’s control. Anything that you submit or post to the Website and/or provide us, or post on any social media or other site about us, including without limitation, photographs, testimonials, ideas, know-how, techniques, questions, reviews, biographies, your business’s name, comments, and suggestions is and will be treated as non-confidential and nonproprietary, and we shall have the royalty-free, worldwide, perpetual, irrevocable, and transferable right to use, copy, distribute, display, publish, perform, sell, lease, transmit, adapt, and create derivative works from such submissions by any means and in any form, and to translate, modify, reverse-engineer, disassemble, or decompile such submissions. You agree that this authorization and license may be assigned by Remarkabl to any other party. Additionally, Remarkabl reserves the right to correct grammatical and typing errors, to shorten submissions prior to publication or use, and to review all submissions prior to publication or use. Remarkabl shall be under no obligation to use any, or any part of, any submission.

SECTION 9 – DISCLAIMERS OF OTHER WARRANTIES

EXCEPT WHERE OTHERWISE INAPPLICABLE OR PROHIBITED BY LAW:

YOU EXPRESSLY AGREE THAT YOUR AND YOUR BUSINESS’S USE OF, OR INABILITY TO USE, THE WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE AND THE MATERIALS, INFORMATION, AND SERVICES CONTAINED AND OFFERED ON THE WEBSITE ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE MAKE NO, AND EXPRESSLY DISCLAIM ANY AND ALL, REPRESENTATIONS AND WARRANTIES AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY, AND/OR COMPLETENESS OF ANY INFORMATION ON THIS WEBSITE. WE DO NOT GUARANTEE, REPRESENT OR WARRANT THAT YOUR OR YOUR BUSINESS’S USE OF OUR WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. WE DO NOT WARRANT THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE WILL BE ACCURATE OR RELIABLE. YOU AND YOUR BUSINESS AGREE THAT FROM TIME TO TIME WE MAY REMOVE THE WEBSITE FOR INDEFINITE PERIODS OF TIME OR CANCEL THE WEBSITE OR ANY SERVICE AT ANY TIME, WITHOUT NOTICE TO YOU OR YOUR BUSINESS.

SECTION 10 – LIMITATIONS OF LIABILITIES

EXCEPT WHERE OTHERWISE INAPPLICABLE OR PROHIBITED BY LAW, IN NO CASE SHALL REMARKABL, OUR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SUPPLIERS, SERVICE PROVIDERS, OR LICENSORS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, STRICT LIABILITY, OR OTHERWISE, ARISING FROM YOUR OR YOUR BUSINESS’S USE OR ATTEMPTED USE OF ANY PART OF THE WEBSITE OR ANY SERVICES, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR OR YOUR BUSINESS’S USE OR ATTEMPTED USE OF THE WEBSITE OR ANY SERVICE, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE WEBSITE OR ANY CONTENT OR SERVICE POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE, EVEN IF ADVISED OF THEIR POSSIBILITY. IF, NOTWITHSTANDING THE LIMITATION OF LIABILITY SET FORTH ABOVE, REMARKABL IS FOUND LIABLE UNDER ANY THEORY, REMARKABL’S

SECTION 12 – REMARKABL’S ADDITIONAL REMEDIES

In order to prevent or limit irreparable injury to Remarkabl, in the event of any breach or threatened breach by you or your business of the provisions of this Agreement or any infringement or threatened infringement by you or your business of the intellectual property of Remarkabl or a third-party, Remarkabl shall be entitled to seek a temporary restraining order and preliminary and permanent injunctions or other equitable relief from a court of competent jurisdiction.

SECTION 13 – INDEMNIFICATION

To the fullest extent permitted by law, you agree to defend, indemnify, and hold harmless Remarkabl, its directors, officers, employees, shareholders, licensors, independent contractors, subcontractors, suppliers, affiliates, parent companies, subsidiaries, and agents from and against any and all claims, actions, loss, liabilities, damages, expenses, demands, and costs of any kind, including, but not limited to attorneys’ fees and costs of any litigation or other dispute resolution, arising out of, resulting from, or in any way connected with or related to (1) your use, misuse, or attempt to use the Website, information, services, or products, (2) information you submit or transmit through the Website, (3) your breach of these Terms, the documents they incorporate by reference, the Agreement, or the representations and warranties provided by you in this Agreement, or (4) your violation of any law or the rights of a third-party.

SECTION 14 – NOTICE AND TAKEDOWN PROCEDURES; COPYRIGHT AGENT

If you believe that materials or content available on any Remarkabl website infringes any copyright you own, you or your agent may send Remarkabl a notice requesting that Remarkabl remove the materials or content from the Remarkabl website. If you believe that someone has wrongly filed a notice of copyright infringement against you, you may send Remarkabl a counter-notice. Notices and counter-notices should be sent to Remarkabl.

SECTION 15 – THIRD-PARTY LINKS

The Website may contain links to other websites. Remarkabl assumes no responsibility for the content or functionality of any non-Remarkabl website to which we provide a link. Please see our Privacy Policy for more details.

SECTION 16 – TERMINATION

This Agreement will take effect (or shall re-take effect) at the time you click “SUBMIT,” “I ACCEPT,” “I AGREE,”, “Get My Automatic Entry to Win”, or similar links or buttons, otherwise submit information through the Website, respond to a request for information, or begin installing, accessing, or using the Website, whichever is earliest. If, in our sole discretion, you fail, or we suspect that you have failed, to comply with any term or provision of the Agreement, we may terminate the Agreement or suspend your access to the Website at any time without notice. Sections 6, 16 through 20, and 25 through 32 of this Agreement, as well as any representations, warranties, and other obligations made or undertaken by you, shall survive the termination of this Agreement and/or your account or relationship with Remarkabl. Sections 6 through 13, 15, and 17 through 24 of this Agreement, as well as any representations, warranties, and other obligations made or undertaken by you, shall survive the termination of this Agreement and/or your account or relationship with Remarkabl. Upon termination, you remain responsible for any outstanding payments to Remarkabl on a non-prorated basis.

SECTION 17 – NO WAIVER

No failure or delay on the part of Remarkabl in exercising any right, power or remedy under this Agreement may operate as a waiver, nor may any single or partial exercise of any such right, power, or remedy preclude any other or further exercise of such right, power, or remedy, or the exercise of any other rights, power, or remedy under this Agreement. A waiver of any right or obligation under this Agreement shall only be effective if in writing and signed by Remarkabl.

SECTION 18 – GOVERNING LAW AND VENUE

This Agreement and any issue or dispute arising out of or otherwise related to this Agreement or your access to or use of the Website, our Privacy Policy, or any matter concerning Remarkabl shall be governed exclusively by the laws of the State of New Jersey without regard to its conflicts of laws principles. To the extent that any claim or dispute is found by the arbitrator or (if proper) a court of competent jurisdiction to be excluded from the arbitration agreement in Section 11 above, the parties agree any such claim or dispute shall be exclusively brought in and decided by the state or federal courts located in Morristown, New Jersey and you hereby irrevocably consent to the exclusive personal jurisdiction of, and exclusive venue in, such courts, and forever waive any challenge to said courts’ exclusive jurisdiction or venue. All such claims must be brought on an individual and non-class, non-representative basis, and you forever waive any right to bring such claims on a class wide or representative basis. The parties will bear their own respective costs and attorneys’ fees, regardless of which party prevails.

SECTION 19 – FORCE MAJEURE

Remarkabl will not be responsible to you for any delay, damage, or failure caused by or occasioned by a Force Majeure Event. As used in this Agreement, “Force Majeure Event” shall mean: any act of God, act of nature or the elements, terrorism, insurrection, revolution or civil strife, piracy, civil war or hostile action, labor strikes, acts of public enemies, federal or state laws, rules and regulations of any governmental authorities having jurisdiction over the premises, inability to procure material, equipment, or necessary labor in the open market, acute and unusual labor, material, or equipment shortages, or any other causes beyond the control of Remarkabl. Delays due to any of the above causes shall not be deemed to be a breach of or failure to perform under this Agreement. Remarkabl shall not be required against its will to adjust any labor or other similar dispute except in accordance with applicable law.

SECTION 20 – ASSIGNMENT

Remarkabl may assign its rights under this Agreement at any time, without notice. Your rights and obligations under this Agreement cannot be assigned without Remarkabl (or its assigns’) express written consent.

SECTION 21 – ELECTRONIC SIGNATURE

All information communicated on the Website is considered an electronic communication. You agree that we may communicate electronically with you and that such communications, as well as notices, disclosures, agreements, and other communications that we provide to you electronically, are equivalent to communications in writing and shall have the same force and effect as if they were in writing and signed by the party sending the communication.

SECTION 22 – CHANGES TO THE AGREEMENT

You can review the most current version of the Terms at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of the Agreement, including the Privacy Policy by posting updates and changes to our Website. It is your responsibility to check our Website periodically for changes. Your continued use of or access to our Website following the posting of any changes to the Agreement constitutes acceptance of those changes.

SECTION 23 – SEVERABILITY

If any provision of this Agreement is found by the arbitrator or (if proper) a court of competent jurisdiction to be invalid or unenforceable, the remaining provisions shall not be affected thereby and shall continue in full force and effect and such provision may be modified or severed from this Agreement to the extent necessary to make such provision enforceable and consistent with the remainder of the Agreement.

SECTION 24 – ENTIRE AGREEMENT

These Terms, the Agreement, and any policies or operating rules posted by us on the Website or in respect to the Website constitutes the entire agreement and understanding between you and Remarkabl, and supersedes and replaces any prior or contemporaneous agreements, representations, communications, and proposals, whether oral or written. We may also, in the future, offer new services and/or features through the Website. Such new features and/or services shall also be subject to these Terms, the Agreement, and any policies or operating rules posted by us on the Website. Any ambiguities in the interpretation of these Terms or the Agreement shall not be construed against the drafting party.

SECTION 25 – CONTACTING US

We encourage our clients to contact us with questions or comments about our products and services. Please feel free to do so by sending an e-mail to support@remarkabl.com. If you have any questions or inquiries concerning any of the Terms, you may contact Remarkabl by e-mail at legal@remarkabl.io.