Terms Of Use Agreement

Last Updated: March 7, 2025

1. Acceptance of Terms of Use and Amendments

You are visiting a website owned by FullBeaker, Inc. This Terms of Use Agreement ("Agreement") applies to all websites owned or operated by FullBeaker, Inc. and its affiliates and subsidiaries ("Websites") on which this Agreement or a link thereto is displayed. This Agreement also applies to your use of any goods, facilities, or services offered through the Websites (collectively "Services"), regardless of where or how they are accessed.

By accessing, browsing, or using the Websites, you acknowledge that you have read, fully understand, and provide your ESIGN signature to agree to the terms of this Agreement, as well as our Privacy Policy, which is incorporated into this Agreement by reference.

We reserve the right, at our sole discretion, to change or modify the Websites or this Agreement at any time. Such changes and modifications become effective immediately upon posting on the Websites. The Websites and Services are intended for individuals at least 18 years old accessing the internet from a physical location within the United States.

2. Privacy Policy

Our Privacy Policy, incorporated into this Agreement by reference, explains how we use, disclose, and protect your information as part of our Services.

As a licensed entity, FullBeaker is periodically examined by government regulators and as such is required to maintain certain personal information to adhere to and demonstrate compliance with certain laws and regulations.

3. Third Party Services

Goods and services of third parties may be advertised and/or made available on or through the Websites, and in some cases we may receive compensation from companies whose products and services appear on the Websites. Representations made regarding products and services provided by third parties are governed by the policies and representations made by these third parties. We are not liable for or responsible in any manner for any of your dealings or interaction with third parties.

4. Notification of Claims Infringement

If you believe that your work has been copied in a way that constitutes copyright infringement, please notify our agent at:

legal@fullbeaker.com

5. Disclaimers of Warranties

THE WEBSITES AND SERVICES ARE PROVIDED FOR USE "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTY OR CONDITION OF ANY KIND. FULLBEAKER DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND, WHETHER STATUTORY, EXPRESS, OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, ACCURACY, TITLE AND NON-INFRINGEMENT. FULLBEAKER DOES NOT WARRANT OR REPRESENT THAT THE WEBSITES OR SERVICES WILL PROVIDE SPECIFIC RESULTS OR BE COMPLETE, ACCURATE, RELIABLE, SUITABLE, ERROR-FREE, AVAILABLE, OR UNINTERRUPTED FOR ANY PURPOSE.

6. Indemnification

You agree to defend (if requested by us), indemnify and hold harmless FullBeaker, our subsidiaries, affiliates, related parties, officers, directors, employees, agents, independent contractors, advertisers, partners, and co-branders from and against any and all claims, losses, liabilities, demands, expenses (including reasonable attorney's fees), and damages incurred in connection with any claim by any third party, that is due to or arising out of or relating to your use of the Websites or Services, your violation or alleged violation of this Agreement.

7. Limitation on Damages

FULLBEAKER'S LIABILITY, IF ANY, SHALL BE LIMITED TO DIRECT AND FORESEEABLE DAMAGES, WHICH SHALL NOT EXCEED THE AMOUNT PROVIDED BELOW. UNDER NO CIRCUMSTANCES SHALL FULLBEAKER BE LIABLE TO YOU OR ANY THIRD PARTY FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, STATUTORY, PUNITIVE, OR EXEMPLARY DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO OUR WEBSITES OR SERVICES. IN NO EVENT SHALL FULLBEAKER'S TOTAL LIABILITY EXCEED IN THE AGGREGATE ONE HUNDRED U.S. DOLLARS ($100.00).

8. Dispute Resolution and Arbitration

YOU AND FULLBEAKER AGREE THAT ANY DISPUTE BETWEEN YOU AND US, INCLUDING WITHOUT LIMITATION, DISPUTES RELATING TO THE WEBSITES OR SERVICES, SHALL BE FINALLY AND EXCLUSIVELY RESOLVED BY BINDING INDIVIDUAL ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION ("AAA") IN ACCORDANCE WITH THE AAA'S CONSUMER ARBITRATION RULES. DISPUTES WILL BE ARBITRATED AT A HEARING CONDUCTED IN SEATTLE, WASHINGTON.

You agree that no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement. Arbitration must be on an individual basis.

9. Governing Law

This Agreement, and any disputes arising out of or related to this Agreement or the Websites or Services, is governed by the laws of the State of Washington without regard to any conflicts of laws provisions. If any matter proceeds in court, you agree to the exclusive personal jurisdiction by, and venue in, the state and federal courts located in King County, Washington.

10. Entire Agreement

This Agreement constitutes the entire agreement between you and FullBeaker and supersedes all prior or contemporaneous oral or written agreements or other communications between you and us with respect to the subject matter hereof.

11. Enforceability and Severability

If any provision of this Agreement is found to be unlawful, void, or unenforceable, you agree that such provision shall be given effect to the greatest extent possible, and all remaining provisions and the Agreement as a whole shall remain in full force and effect.

12. Waiver Only in Writing

FullBeaker's failure to enforce any right or act with respect to any breach or alleged breach by you or others of the Agreement does not constitute a waiver of any right and will not limit FullBeaker's rights with respect to that breach or any subsequent breaches.

13. Reservation of Rights

We reserve all our rights, including but not limited to any and all copyrights, trademarks, patents, trade secrets, and any other proprietary right that we may have in the Websites, its content, and the goods and services that may be provided. The use of our rights and property requires our prior written consent.

14. Electronic Communications

Full Beaker and Providers may choose to electronically deliver all information related to its services and your requests. You agree to receive all current and future notices, disclosures, communications and information, and to do business electronically with Full Beaker and Providers.