Welcome to the Rebel Labs website located at rebellabs.com, rebel360.com, and other Rebel Labs
sites and landing pages (collectively, the “Site”). Your access and use of the Site and features, products and services provided by Rebel Labs,
Inc. (“Rebel Labs,” “we,” “us,” or “our”) through the Site, but excluding any software, products or services provided by Rebel Labs
Rebel Labs is a digital health and media company empowering people like you to make a meaningful
and lasting impact on your health and wellness – through a vibrant online community, rich
content that educates, inspires and entertains, and products to support you along your journey.
You must agree to this ToU in order to use the Site and/or the Service, even if you are an
employee or contractor of a company that has licensed the use of the Site and/or the Service. BY
AGREEING TO THESE TERMS (INCLUDING BY A CLICK-THROUGH OR OTHER AGREEMENT), YOU EXPRESSLY
ACKNOWLEDGE THAT YOU HAVE READ THIS TOU AND AGREE TO ALL OF ITS RESPECTIVE TERMS AND CONDITIONS.
Also, by agreeing to this ToU (including by a click-through or other agreement), you are
waiving, to the extent permitted under applicable law, any rights or legal requirements that
require an original (non-electronic) signature or the delivery or retention of non-electronic
records in order for a contract to be legally binding. If you use the Site and/or the Service,
or click to accept or agree to this ToU if presented to you in a user interface for the Site
and/or the Service, we will understand this as your acceptance of this ToU and your agreement to
all of its terms and conditions. By accepting this ToU or using any aspect of the Site and/or
the Service, you represent and warrant that you have the legal capacity to enter a contract in
the jurisdiction where you reside. If you do not accept this ToU, then you may not use any
aspect of the Site or the Service.
BY ACCEPTING THESE TERMS, YOU ACKNOWLEDGE AND AGREE THAT YOU ARE WAIVING THE RIGHT TO A TRIAL BY
JURY OR TO PARTICIPATE IN A CLASS ACTION. With limited exceptions, YOU AGREE TO WAIVE YOUR RIGHT
TO GO TO COURT and that all disputes between you and Rebel Labs arising out of or relating to
this TOU, the Site or the Service will be resolved by BINDING ARBITRATION. Your rights will be
determined by a NEUTRAL ARBITRATOR and NOT a judge or jury, and your claims cannot be brought as
a class action. Please review the Binding Arbitration section below for the details regarding
your obligation to resolve any disputes in arbitration.
ToU Updates. Rebel Labs may
update this ToU at any time, and Rebel Labs will post the updated version of this ToU on the
Site. You understand and agree that you will be deemed to have accepted the updated ToU if you
use the Site or any aspect of the Service after the updated ToU is posted. Disputes arising
under this ToU will be resolved in accordance with the version of the ToU in place at the time
the dispute arose. We encourage you to review this ToU frequently to stay informed of the latest
modifications to the Site and Service. If at any point you do not agree to any portion of this
ToU then in effect, you must immediately stop using the Site and the Service.
Provision of the Service.
You are responsible for any Internet connection and telecommunications fees and charges that you
incur when accessing the Site and the Service. You acknowledge and agree that Rebel Labs may
make changes to the Site or any aspect of the Service at any time without notifying you in
Termination of Service.
Rebel Labs reserves the right to deny service to any person or entity at Rebel Lab’s sole and
absolute discretion. You acknowledge and agree that Rebel Labs may stop providing the Site or
the Service or restrict your use of the Site or the Service at any time, without notifying you
in advance, for any reason or no reason, including, without limitation, for any violation of
this ToU or if Rebel Labs suspects that you have used any aspect of the Site or the Service to
conduct any fraudulent or illegal activity. If Rebel Labs disables your access to your account,
you may be prevented from accessing the Site or the Service, your account details or any
materials contained in your account.
Accounts and Security.
4.1. Account. You must be at least thirteen
(13) years old to use the Site and/or the Service. By agreeing to this ToU, you represent and
warrant that you are at least thirteen (13) years old and have not previously been suspended
from using the Site and/or Service. You do not need to create an account to visit the Site, but
you may create an account to access and utilize certain aspects of the Service by completing the
registration process. You may be required to provide information about yourself as part of the
registration process or your continued use of the Service. You agree that any registration
information that you submit to Rebel Labs will be correct, accurate and up to date.
4.2. Social Networks and Rebel Labs. By
utilizing your Facebook, Twitter, or Google log-in credentials or by linking your Rebel Labs
account with any social network account (collectively, “Social Networks”), you
expressly authorize Rebel Labs to receive, and for Social Networks to share, certain of your
information that is available on or through Social Network accounts, including, without
limitation, your profile information, friends’ names, your photos, privacy settings, your
payment information associated with your account and certain other information that may be
disclosed to you (and authorized by you) during the log-in process. Rebel Labs is made available
by Rebel Labs Inc. and its affiliates. Social Networks are made available by their respective
4.3. Fees. You agree to pay immediately all
applicable fees and taxes incurred by you or anyone using your account. Unless otherwise noted,
all currency references are in U.S. dollars. All fees and charges are payable in accordance with
payment terms in effect at the time the fee or the charge becomes payable. Unless otherwise
notes, all payments are to be made in the currency in which your order is placed. In some
territories, Rebel Labs, will be required to charge, and you agree to pay, applicable sales,
use, value added, goods and services and other taxes as may be charged to you by Rebel Labs in
connection with your rental or purchase. Rebel Labs may, from time to time, modify, amend, or
supplement its pricing and billing procedures, and such changes shall be effective immediately.
These payment terms are subject to change without prior notice at any time. If there is a
dispute regarding your payment of fees, or the Service, Rebel Labs shall have the right to
terminate your account without prior notice.
4.4. Returns and Refunds. Rebel Labs aims to be
as accurate as possible, however, we do not warrant that product descriptions, photographs,
videos or other product related content as displayed on the Site or Service are wholly accurate,
complete, reliable, current, or error-free. If a product offered by Rebel Labs is not as
described, your only remedy is to return it in unused condition for a refund. If you make a
purchase through the Site or Service, you can initiate a return with respect to an order once
the order has been marked as shipped. The refund will be for the full value paid for the
returned items, unless otherwise noted. Shipping fees may be refunded at the discretion of Rebel
Labs. We may charge a restocking fee with respect to returned items. The amount of the
restocking fee, if any, will be provided to you by Rebel Labs upon request and may be displayed
on the final checkout screen when you complete your order or noted on the packing list included
with your order. As soon as we receive and process your return, we will notify you via email.
Your credit card will be credited for the return within the timeframe specified by your
financial institution. The return credit should be reflected on your statement within one to two
billing periods, depending on your financial institution’s billing cycle. This refund policy
applies to product sales only and does not apply to Subscriptions.
4.5. Subscription Payment. You may be required
to purchase a subscription (“Subscription”) to access certain premium content and portions of the Services. When you purchase a
Subscription (each purchase, a “Transaction”), you expressly authorize us (or our third-party payment processor) to charge you for such
Transaction. We may ask you to supply additional information relevant to your Transaction,
including your credit card number, the expiration date of your credit card and your email and
postal addresses for billing and notification (such information, “Payment Information”). You represent and warrant that you have the legal right to use all payment method(s)
represented by any such Payment Information. When you initiate a Transaction, you authorize us
to provide your Payment Information to third parties, so we can complete your Transaction and to
charge your payment method for the type of Transaction you have selected (plus any applicable
taxes and other charges). You may need to provide additional information to verify your identity
before completing your Transaction (such information is included within the definition of
4.6. Payments. You authorize Rebel Labs to
charge all sums for orders that you make to the payment method designated in your account. When
you order through the Site, a temporary pre-authorization hold may be placed on your designated
payment method to verify that the card is valid and has funds available for your intended
purchase. The amount of this pre-authorization hold may be greater or less than the order total
quoted at checkout. However, you will only be charged the final order total once your order is
registered as complete within the Rebel Labs system. If you purchase a Subscription, you will be
charged the Subscription fee, plus any applicable taxes, and other charges (“Subscription Fee”), at the beginning of your Subscription and each subscription period (e.g., monthly or
annually, as specified when you purchase such Subscription) thereafter, at the then-current
Subscription Fee. If you purchase a Subscription, we (or our third-party payment processor) will
automatically charge you each period on or about the applicable anniversary of the calendar day
of the commencement of your Subscription, using the Payment Information you have provided until
you cancel your Subscription. In the event your Subscription began on a day not contained in a
given month, your payment method will be charged on a day in the applicable month or such other
day as we (or our third party payment processor) deem appropriate (for example, if you started a
monthly Subscription on January 31st, your next payment date is likely to be February 28th, and
your payment method would be billed on or about that date). By agreeing to this Agreement and
electing to purchase a Subscription, you acknowledge that your Subscription has recurring
payment features and you accept responsibility for all recurring payment obligations prior to
cancellation of your Subscription by you or Rebel Labs. Your Subscription continues until
cancelled by you or we terminate your access to or use of the Services or Subscription in
accordance with this Agreement.
4.7. Additional Information. Rebel Labs
reserves the right to request additional information from you if we have reason to believe, in
our sole discretion, that a payment method may be fraudulent.
4.8. Cancelling Subscription. If you purchased
a Subscription through your account, you may cancel your Subscription at any time by disabling
the auto-renewal settings in your account settings. Your subscription will then terminate at the
end of your current Subscription period. HOWEVER, ANY TRANSACTION YOU INITIATE IS FINAL AND YOU
WILL NOT BE ABLE TO CANCEL THE PURCHASE AND/OR RECEIVE A REFUND OF YOUR SUBSCRIPTION FEE AT ANY
TIME. If something unexpected happens in the course of completing a Transaction, we reserve the
right to cancel your Transaction for any reason; if we cancel your Transaction, we’ll refund any
payment you have already remitted to us for such Transaction. YOU WILL NOT RECEIVE A REFUND OF
ANY PORTION OF THE SUBSCRIPTION FEE PAID FOR THE THEN CURRENT SUBSCRIPTION PERIOD AT THE TIME OF
CANCELLATION. You will be responsible for all Subscription Fees (plus any applicable taxes
and other charges) incurred for the then-current Subscription period. If you cancel, your right
to use the Services will continue until the end of your then current subscription period and
will then terminate without further charges.
4.9. Free Trials. We may offer Subscriptions on
a free trial basis (“Free Trial”) for a specified period of time. If we offer you a Free Trial, the specific terms of your
Free Trial will be provided at signup and/or in the promotional materials describing the Free
Trial and your use of the Free Trial is subject to your compliance with such specific terms.
Free Trials may not be combined with any other offer. Except as may otherwise be provided in the
specific terms for the Free Trial offer, Free Trials are only available to users who have not
previously subscribed to the Service in connection with which the Free Trial is being offered.
When you agree to a Free Trial, you are also agreeing to sign up for a Subscription as described
above and, consequently, unless you cancel your Subscription prior to the end of your Free
Trial, we (or our third party payment processor) will begin charging your payment method on a
recurring basis for the Subscription Fee (plus any applicable taxes) until you cancel your
Subscription. Instructions for cancelling your Subscription are stated above in the “Cancelling Subscription” section. We reserve the right to modify or terminate Free Trials at any time, without notice
and in our sole discretion. It is very important to understand that you may not receive a
notice that your free trial has ended and that payment for your Subscription is due. TO PREVENT
ANY CHARGES AFTER YOUR FREE TRIAL EXPIRES, YOU MUST TURN OFF AUTO-RENEWAL OF YOUR SUBSCRIPTION
IN YOUR SETTINGS PRIOR TO THE LAST DAY OF YOUR FREE TRIAL PERIOD.
4.10. Account Security. Maintaining account
security is very important. You are solely responsible for maintaining the confidentiality of
your account password and for all activities that are conducted via your account. You agree to
notify Rebel Labs immediately if you become aware of any unauthorized use of your password or of
4.11. Account Sharing or Transfers. Accounts
are registered to you personally, either directly or through your employer or other third party,
and may not be sold, traded, gifted or otherwise transferred at any time under any
circumstances. You may not share your account with, or disclose your password to, anyone else.
4.12. Cancellation by You. You have the right
to cancel your account at any time. You may cancel your account by following the cancel link
available on the Site or by contacting our customer service department via email at
email@example.com. Once you cancel your account, your personal information will no longer be
viewable by other users. However, content previously shared with other users may remain viewable
by those users until they delete such content.
4.13. Termination by Rebel Labs. Rebel Labs may
at any time terminate your account if:
a. Rebel Labs determines that you are (i) in breach of or
otherwise acting inconsistently with this ToU or (ii) engaging in fraudulent or illegal
activities or other conduct that may result in liability to Rebel Labs;
b. Rebel Labs determines it is required by law to terminate
your account; or
c. Rebel Labs decides to stop providing the Service or
critical portions of the Service.
Effect of Account Termination or Cancellation.
If you voluntarily terminate your account or allow your account to lapse, you may reactivate
your account any time by logging in to the Service through the Site and reactivating the
account. Users whose accounts are terminated by Rebel Labs for any type of abuse including,
without limitation, a violation of this ToU, are prohibited from creating any additional
accounts. Rebel Labs may also in its sole discretion, and at any time, modify or discontinue
providing the Service or any part thereof, with or without notice. Additionally, you agree that
Rebel Labs shall not be liable to you or any third-party for any interference with, or
termination of, your access to the Service.
License Grant. Subject to the terms and
conditions of this ToU, Rebel Labs hereby grants you a limited, non-exclusive, personal,
non-sublicensable, non-assignable license to use the Site and Service, which may only be used in
connection with your use of the Service on compatible devices that you own or control, solely
for your non-commercial use and use the Service in accordance with this ToU and any rules,
restrictions or documentation set forth by Rebel Labs from time to time. Rebel Labs reserves all
rights not expressly granted to you.
Installation. In connection with the Service,
you may access the Site on one or more mobile devices that you own or control and that meet the
minimum specifications provided by Rebel Labs.
5.3 Updates. Rebel Labs may require
that you download and install updates to the Service from time to time. You acknowledge and
agree that Rebel Labs may update the Site or the Service from time to time with or without
notifying you and may add or remove features or functions to the Site or the Service at any time
in its sole discretion. You acknowledge and agree that Rebel Labs has no obligation to make the
Site or the Service available to you, make any subsequent versions of the Site available to you
or to continue to support the Site or the Service in any way. You acknowledge that your access
to the Site and the Service may not be continuous, features may change during your use of the
Site and the Service, and Rebel Labs may terminate your access to the Site and the Service or
stop offering the Site and the Service at any time.
Restrictions and Conditions of Use.
Use of the Service. Rebel Labs permits you to
view and use the Site and the Service solely for your own personal use. You agree not to
license, create derivative works from, transfer, sell or re-sell any information, content,
materials, data or services obtained from the Site or the Service. Rebel Labs reserves the right
to add or remove information, content or Services from the Site at any time at its sole
Accessing the Service. You agree not to access,
or attempt to access, the Service by any means other than through the user interface provided
through the Site. You specifically agree not to access, or attempt to access, the Service
through any automated means (including, without limitation, through the use of scripts, bots,
spiders or web crawlers) and you agree to comply with the instructions contained in any
robots.txt file present on the Site or the Service.
No Violation of Laws. You agree that you will
not, in connection with your use of the Site or the Service, violate any applicable law,
ordinance, rule, regulation or treaty. Without limiting the foregoing, you agree that you will
not make available through the Site or the Service any material or information that infringes
any copyright, trademark, patent, trade secret, or other right of any party (including rights of
privacy or publicity).
Use Restrictions. You may not connect to or use
the Site or the Service in any way that is not expressly permitted by this ToU.
a. You may not: (i) remove any trademarks, copyright
notices, proprietary notices or any other notice contained in any content, materials, or
individual elements provided on or through the Site or the Service; (ii) cause, permit or
authorize the modification, creation of or reproduction of derivative works, translation,
reverse engineering, decompiling, disassembling, overcoming any encryption technology or
security measures or hacking of the Site or the Service; (iii) make any commercial use, sell,
assign, rent, lease, act as a service bureau, or in any way exploit any content, materials, or
individual elements provided on or through the Service without Rebel Labs’ prior consent; (iv)
grant rights in the Service, including, without limitation, through sublicense, to any other
person or entity without the prior written consent of Rebel Labs; or (v) frame or utilize
framing techniques to enclose any content, materials or individual elements provided on or
through the Service without Rebel Labs’ prior written consent; (vi) make any false, misleading
or deceptive statement or representation regarding Rebel Labs, the Site or the Service.
b. Without limiting the foregoing, you agree that you will
not: (i) institute, assist, or become involved in any type of attack including, without
limitation, denial of service attacks, upon the Site or the Service (or any servers, systems or
networks connected to the Site or the Service) or otherwise attempt to obstruct, limit the
functionality, disrupt or interfere with the operation of the Site or the Service or any other
person’s or entity’s use of the Site or the Service (or any servers, systems or networks
connected to the Service); (ii) forge headers or otherwise manipulate identifiers in order to
disguise the origin of any content displayed on or through the Service or transmitted through
the use of any of the Service; (iii) attempt to gain unauthorized access to the Site, the
Service, user information, or any servers, systems or networks connected to the Site or the
Service; (iv) use the Site or the Service for any commercial purpose unless consistent with this
ToU and the intended use of the same, or for the benefit of any third party, or charge any
person or entity, or receive any compensation for, the use of the Site or the Service, unless
you are specifically authorized to do so in a separate written agreement with Rebel Labs; (v)
use the Site or the Service to develop, generate, transmit or store information that is
defamatory, harmful, abusive, obscene or hateful; (vi) use the Site or the Service to perform
any unsolicited commercial communication not permitted by applicable law; or use the Site
or the Service to upload, post transmit promotional materials, junk mail, spam or other form of
solicitation; (vii) or use the Site or the Service to engage in any activity that (A)
constitutes harassment or a violation of privacy or threatens other people or groups of people;
(B) is harmful to children in any manner; (C) constitutes phishing, pharming or impersonates any
other person or entity, or steals or assumes any person’s identity (whether a real identity or
online nickname or alias); or (D) violates any applicable law, ordinance, rule, regulation or
c. Without limiting the foregoing, you agree that you will
not use the Site or the Service for any other unlawful, prohibited, abnormal or unusual activity
as determined by Rebel Labs in its sole discretion.
No Data Mining or Harmful Code. You agree that
you will not (a) obtain or attempt to obtain any information from the Site or the Service
including, without limitation, email addresses or mobile phone numbers of other account holders
or other data; (b) intercept, examine or otherwise observe any proprietary communications
protocol used by the Site or the Service, whether through the use of a network analyzer, packet
sniffer or other device; or (c) use any type of bot, spider, virus, clock, timer, counter, worm,
software lock, drop dead device, Trojan horse, trap door, time bomb or any other codes,
instructions or third party software that is designed to provide a means of surreptitious or
unauthorized access to, or distort, delete, interfere with, damage or disassemble, any aspect of
the Site or the Service.
Violation of this ToU. You acknowledge and
agree that you are solely responsible, and Rebel Labs has no responsibility or liability to you
or any other person or entity, for any breach by you of this ToU or for the consequences of any
such breach. Rebel Labs may at its option, immediately terminate its relationship with you, if
it determines you are using the Service contrary to the restrictions found in this Section 6 or
any other terms of this ToU.
Links from the Site. The Site may contain links
to websites operated by other parties. Rebel Labs provides these links to other websites or
services as a convenience and use of these websites or services is at your own risk. The linked
websites or services are not under the control of Rebel Labs and Rebel Labs is not responsible
for the content available on the other websites or services. Such links do not imply Rebel Lab’s
endorsement of information or material on any other website or service and Rebel Labs disclaims
all liability with regard to your access to and use of such linked websites or services.
Links to the Site and Service. Unless otherwise
set forth in a written agreement between you and Rebel Labs, you must adhere to Rebel Labs’
linking policy as follows: (a) the appearance, position and other aspects of any link to the
Site or the Service may not be such as to damage or dilute the goodwill associated with Rebel
Labs’ or its licensors’ names and trademarks; (b) the appearance, position and other attributes
of the link may not create the false appearance that your organization or entity is sponsored
by, affiliated with, or associated with Rebel Labs; (c) you may not remove any trademarks,
copyright notices or any other notice contained in any content, materials or individual elements
provided on or through the Service; and (d) when selected by a User, the link to the Site must
display the Site on full-screen and not within a “frame” on the linking website. Rebel Labs
reserves the right to revoke its consent to the link at any time and in its sole discretion.
Trademarks. The Rebel Labs name and logo are
trademarks and service marks of Rebel Labs. Unless permitted in a separate written agreement
with Rebel Labs, you do not have the right to use any of Rebel Labs’ trademarks, service marks
or logos and your unauthorized use of any of these may be a violation of federal and state
Ownership. You acknowledge and agree that Rebel
Labs, or its licensors, owns all right, title and interest in and to the Site and the Service,
including all intellectual property, industrial property and proprietary rights recognized
anywhere in the world at any time and that the Service is protected by U.S. and international
copyright laws. The owners and licensors of content made available through the Site or Service
are intended third-party beneficiaries of this ToU and shall have the right to enforce this ToU
against you and invoke all rights hereunder including limitations of liability. The delivery of
a product or content does not transfer to you any commercial or promotional use rights n the
product or content. Further, you acknowledge that the Site or Service may contain information
that Rebel Labs has designated as confidential and you agree not to disclose such information
without Rebel Labs’ prior written consent.
Copyright Agent. Rebel Labs respects the
intellectual property rights of others, and requires that people who use the Site and the
Service do the same. Rebel Labs maintains a policy of terminating users of the Site and the
Service who engage in repeated infringing conduct. If you believe that your work has been copied
in a way that constitutes copyright infringement, please forward the following information to
the Copyright Agent, designated as such pursuant to the Digital Millennium Copyright Act, 17
U.S.C. § 512(c)(2), named below:
- Your address, telephone number, and email address;
- A description of the copyrighted work that you claim has been infringed;
- A description of where the alleged infringing material is located;
A statement by you that you have a good faith belief that the disputed use is not authorized
by you, the copyright owner, its agent, or the law;
An electronic or physical signature of the person authorized to act on behalf of the owner of
the copyright interest; and
A statement by you, made under penalty of perjury, that the above information in your notice
is accurate and that you are the copyright owner or authorized to act on the copyright owner’s
US and International Copyright Agent:
Rebel Labs Inc.
3505 West Sam Houston Parkway South #1312
Houston TX 77042
Feedback. You may choose to,
or Rebel Labs may invite you to, report abusive users, submit comments, bug reports, ideas or
other feedback about the Site and/or the Service (“Feedback”) to firstname.lastname@example.org. By submitting Feedback, you agree that Rebel Labs is free to use
such Feedback at its discretion without any obligation to you. Rebel Labs may also choose to
disclose Feedback to third parties. You hereby grant Rebel Labs a royalty-free, perpetual,
irrevocable, transferable, sublicensable, worldwide, nonexclusive license under all rights
necessary to incorporate and use your Feedback for any purpose.
By accepting this ToU or using the Site or the Service, you represent that you have read and
at any time, and a link to the new versions will be posted on the Site. If at any point you do
Service. By using the Site or the Service, you agree to the then-current versions of the ToU and
Location. The Site and the
Service are operated by Rebel Labs in the United States. If you choose to access the Service
from a location outside of the United States, you do so on your own initiative and you are
responsible for compliance with applicable local laws.
12.1. Rebel Labs is not the source of, does not verify or endorse and takes no responsibility
for the content submitted using the Site and/or the Service. The content is entirely the
responsibility of the person from whom such content originated whether publicly posted or
privately transmitted, on the Site, or through the use of the Service. You, and not Rebel Labs,
are entirely responsible for the content you choose to communicate, upload, post, email,
transmit, distribute or otherwise make available and access using the Site and/or the Service.
You acknowledge that you will have the burden of proving that any such content does not violate
any laws or infringe any third-party rights. Rebel Labs may from time to time monitor misuse of
our Service and filter objectionable and harmful content. If Rebel Labs learns of any content
that is objectionable, harmful and/or in breach of this ToU, we will take appropriate action to,
in our discretion, provide assistance, remove content, block access to certain features, disable
an account, terminate an account, contact law enforcement or take such other steps as we may
deem appropriate in the circumstances. In many cases, this may occur within 24 hours of our
identifying the applicable content. Further, in the event Rebel Labs has enabled comment and/or
contact functionality for users, users have the ability to block abusive users from reaching
them through the Site and/or Service by clicking on the “block” icon located next to the abusive
user’s account name. For clarity, Rebel Labs may in its sole discretion block, or otherwise
remove content as part of its effort to protect the Site and the Service or its customers, or
otherwise enforce the terms of this ToU. Additionally, Rebel Labs may in its sole discretion
remove such content and/or terminate this ToU and your account if you use any content that is in
breach of this ToU. Rebel Labs does not claim ownership of any of your Submitted Content.
With respect to all of your Submitted Content, you grant Rebel Labs a perpetual, irrevocable,
non-terminable, transferable, worldwide, royalty-free, sublicensable, fully paid-up,
non-exclusive and transferable license to use, reproduce, distribute, prepare derivative works
of, display, modify, copy and perform the Submitted Content or any part of the Submitted Content
in connection with the Service and Rebel Labs’ (and its successors’ and affiliates’) business,
including without limitation for promoting and redistributing part or all of the Service (and
derivative works thereof) in any and all media formats and through any and all media channels.
You also hereby grant each user of the Service a non-exclusive license to access your Submitted
Content through the Service while the Submitted Content is made available through the Service.
You may take down any of your Submitted Content at any time; however, you acknowledge and agree,
that Rebel Labs may still have access to such Submitted Content and that the above license
granted by you to Rebel Labs will remain in effect despite your removal of the Submitted Content
from the Service. You hereby represent, warrant and covenant that any Submitted Content you
provide does not include anything (including, but not limited to, text, images, music or video)
to which you do not have the full right to grant the license specified in this Section 12.2.
12.2. “Submitted Content” consists of information or materials you submit or make available through the Site and/or the
Service. The Services may include certain review and comment areas, forums, message boards,
profile information, and other similar areas (collectively, “Interactive Areas”), in which you or other users may create, post, link, store, or otherwise make available
(collectively, “Post”) reviews, comments, questions, data, or other materials
(collectively, “User Content”). You are solely responsible for your use of such Interactive Areas and use them at your own
risk. In particular, you are responsible for ensuring that you do not submit material that (a)
is protected by copyright, contains trade secrets or otherwise is subject to third party
proprietary rights, including privacy and publicity rights, unless you are the owner of such
rights or have permission from the rightful owner; (b) is false or is a misrepresentation; (c)
is offensive, unlawful, harmful to minors, obscene, defamatory, libelous, threatening,
pornographic, harassing, hateful, racially or ethnically offensive, or that encourages conduct
that would be considered a criminal offense, gives rise to civil liability, violates any law, or
is otherwise objectionable; or (d) impersonates another person. Rebel Labs may in its sole
discretion block, prevent delivery of or otherwise remove the content of communications as part
of its effort to protect the Service or its customers, or otherwise enforce the terms of this
ToU. Further, Rebel Labs may in its sole discretion remove or terminate this ToU and your
account if you use any content that is in breach of this ToU.
12.3. You hereby grant to Rebel Labs a royalty-free, worldwide, perpetual, irrevocable and fully
transferable right and license to use, copy and store the Submitted Content for the purpose of
making available, enhancing, operating, developing and otherwise exploiting Rebel Lab’s products
and services, including the Site and/or the Service or any other websites and mobile
applications. You hereby represent, warrant and covenant that any Submitted Content you provide
does not include anything to which you do not have the full right to submit under
this Section 12.
12.4. You acknowledge that your Submitted Content is your sole responsibility. You agree that,
under no circumstances, will Rebel Labs be liable in any way for any Submitted Content,
including, but not limited to, any errors or omissions in any Submitted Content, or any loss or
damage of any kind incurred as a result of the use or distribution of any Submitted Content
transmitted or otherwise made available via the Service.
12.5. You acknowledge that Rebel Labs has the right to pre-screen your Submitted Content, but
has no obligation to do so. At Rebel Labs’ sole discretion, any Submitted Content may be
included in the Service in whole or in part in modified form. In addition, Rebel Labs and its
designees shall have the right (but not the obligation) in their sole discretion to refuse or
remove any Submitted Content that is available via the Site or the Service that violates this
TOU or is otherwise objectionable including, but not limited to, being unlawful, offensive,
threatening, libelous, defamatory, pornographic, obscene or violating any party’s intellectual
12.6. You acknowledge and agree that: (a) by using the Site or the Service, you may be exposed
to content that you may find offensive or indecent and you do so at your own risk; (b) you are
solely responsible for, and Rebel Labs has no responsibility to you or any third party for any
Submitted Content that you create, submit, post or publish on the Site or through the Service;
(c) Rebel Labs does not guarantee any confidentiality with respect to your Submitted Content;
and (d) Rebel Labs is not responsible for any Submitted Content provided by third parties that
you may have access to through your use of the Service and all Submitted Content is the
responsibility of the person from whom such Submitted Content originated. You acknowledge and
agree that (i) Rebel Labs has no control over and is not responsible for the use of Submitted
Content by its users, including any user that has uploaded Submitted Content to a personal
device; and (ii) Rebel Labs may not be able to remove Submitted Content that is uploaded onto a
user’s device. Rebel Labs does not endorse any Submitted Content or any opinion, recommendation,
or advice expressed therein, and expressly disclaims any and all liability in connection with
Children. The Site and the
Service are not directed toward children under 13 years of age, and Rebel Labs does not
knowingly collect information from children under 13 or allow them to create an account or
access account features or the Service. If you are under 13, please do not submit any personal
information about yourself to Rebel Labs.
14.1. Each party providing an advertisement or sponsored posting on the Site (“Advertiser”) represents and warrants that (a) the Advertiser has full power and authority to enter into
transactions and market, advertise, distribute, promote, reproduce, offer for sale and sell the
properties and to use all marks, names and designs used in connection with the foregoing; and
(b) the property information, documentation and specifications that the Advertiser has provided
to Rebel Labs is accurate, true, correct, complete and not misleading.
14.2. Rebel Labs shall not be responsible for monitoring whether the advertisements or sponsored
postings by Advertisers are accurate and does not guarantee that such advertisements or
promotions are being honored.
DISCLAIMER OF WARRANTIES.
15.1. YOU UNDERSTAND AND
AGREE THAT YOUR USE OF THE SITE AND THE SERVICE IS AT YOUR SOLE RISK AND THAT THE SITE AND THE
SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OR CONDITIONS OF
ANY KIND, EITHER EXPRESS OR IMPLIED.
15.2. TO THE MAXIMUM
EXTENT PERMITTED BY APPLICABLE LAW, REBEL LABS EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS
INCLUDING, WITHOUT LIMITATION, WARRANTIES AND CONDITIONS OF SATISFACTORY QUALITY,
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND THOSE ARISING FROM
COURSE OF DEALING OR USAGE OF TRADE.
15.3. REBEL LABS MAKES
NO WARRANTY AS TO THE ACCURACY, COMPLETENESS OR RELIABILITY OF ANY MATERIALS, INFORMATION OR
DATA AVAILABLE THROUGH, OR THE PERFORMANCE OF, THE SITE OR THE SERVICE.
15.4. REBEL LABS DOES
NOT REPRESENT OR WARRANT THAT (a) YOU WILL BE ABLE TO ACCESS OR USE THE SITE OR THE SERVICE
AT THE TIMES OR LOCATIONS OF YOUR CHOOSING; (b) THAT OPERATION OF THE SITE AND THE SERVICE WILL
BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (c) YOUR USE OF THE SITE OR THE SERVICE
WILL MEET YOUR REQUIREMENTS; (d) DEFECTS IN THE OPERATION OF THE SITE OR THE SERVICE WILL BE
CORRECTED; OR (e) THE SITE OR THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
15.5. YOU ACKNOWLEDGE
AND AGREE THAT ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE OR THE
SERVICE IS AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR
COMPUTER, MOBILE PHONE OR OTHER DEVICE OR ANY LOSS OF DATA RESULTING FROM DOWNLOADING OR
OBTAINING SUCH MATERIAL.
15.6. THE SERVICES MAY
OFFER HEALTH, FITNESS, NUTRITIONAL AND OTHER SUCH INFORMATION, BUT SUCH INFORMATION IS DESIGNED
FOR EDUCATIONAL AND INFORMATIONAL PURPOSES ONLY. THE INFORMATION CONTAINED ON THE SERVICES DOES
NOT AND IS NOT INTENDED TO CONVEY MEDICAL ADVICE AND DOES NOT CONSTITUTE THE PRACTICE OF
MEDICINE. YOU SHOULD NOT RELY ON THIS INFORMATION AS A SUBSTITUTE FOR, NOR DOES IT REPLACE,
PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. BEFORE PARTICIPATING IN ANY NUTRITIONAL,
DIET, HEALTH OR EXERCISE PROGRAM WE STRONGLY RECOMMEND THAT YOU CONSULT WITH A PHYSICIAN OR
OTHER HEALTHCARE PROVIDER. WE HAVE NO EXPERTISE IN ADVISING, EXAMINING, DIAGNOSING OR TREATING
MEDICAL, PSYCHOLOGICAL, OR PERSONAL GROWTH CONDITIONS OF ANY KIND, OR IN DETERMINING THE EFFECT
OF ANY SPECIFIC ACTION, ACTIVITY, ROUTINE OR PROGRAM. REBEL LABS IS NOT RESPONSIBLE FOR ANY
ACTIONS OR INACTION ON A USER’S PART BASED ON THE INFORMATION THAT IS PRESENTED ON THE SERVICES.
Because some states or jurisdictions do not allow the disclaimer of implied warranties, the
foregoing disclaimers may not apply to you.
16. LIMITATION OF LIABILITY; SOLE AND EXCLUSIVE REMEDY.
16.1. TO THE MAXIMUM
EXTENT PERMITTED BY APPLICABLE LAW, REBEL LABS AND ITS AFFILIATES, LICENSORS AND BUSINESS
PARTNERS (COLLECTIVELY, THE “RELATED PARTIES”) SHALL NOT BE LIABLE TO YOU UNDER ANY CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY
OR OTHER LEGAL OR EQUITABLE THEORY FOR:
a. ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR
EXEMPLARY DAMAGES, INCLUDING LOSS OF PROFITS, USE, DATA OR GOODWILL, ARISING OUT OF OR IN ANY
WAY CONNECTED WITH ACCESS TO OR USE OF THE SITE OR THE SERVICE, EVEN IF REBEL LABS OR THE
RELATED PARTIES HAVE BEEN ADVISED OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH
LOSSES OR DAMAGES;
b. THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR
c. THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE ANY
MATERIALS, INFORMATION OR DATA MAINTAINED BY OR THROUGH YOUR USE OF THE SITE OR THE SERVICE.
16.2. WITHOUT LIMITING
THE FOREGOING, IN NO CASE SHALL THE LIABILITY OF REBEL LABS OR ANY OF THE RELATED PARTIES EXCEED
ONE HUNDRED DOLLARS ($100).
Because some states or jurisdictions do not allow the exclusion or the limitation of liability
for consequential or incidental damages, in such states or jurisdictions, the liability of Rebel
Labs and the Related Parties shall be limited to the fullest extent permitted by law.
Indemnification. You agree to
defend, indemnify and hold Rebel Labs and the Related Parties harmless from and against any and
all claims, demands, liabilities damages and losses including, without limitation, reasonable
attorneys’ fees, resulting from or arising out of (a) your use of the Site or the Service; or
(b) your breach of this ToU or any other policies that Rebel Labs may issue for the Site or the
Service from time to time.
Governing Law; Jurisdiction.
The laws applicable to the interpretation of this ToU shall be the laws of Texas, without regard
to conflict of laws principles. The application of the United Nations Convention on Contracts
for the International Sale of Goods is expressly excluded. You and Rebel Labs agree that, except
as otherwise provided in Section 19 below, the state and federal courts located in Austin, TX
will have exclusive jurisdiction of all disputes arising out of or related to this ToU or your
use of the Site or the Service and agree to submit to the personal jurisdiction and venue of
these courts. Notwithstanding the foregoing, Rebel Labs shall be allowed to apply for equitable
remedies (including injunctions) in any jurisdiction.
19.1. Arbitration Procedures. You and Rebel
Labs agree that, except as provided in Section 19.5 below, all disputes, controversies and
claims related to this ToU (each a “Claim”), shall be finally and exclusively resolved by binding arbitration, which may be initiated by
either party by sending a written notice requesting arbitration to the other party. Any election
to arbitrate by one party shall be final and binding on the other. The arbitration will be
conducted under the Streamlined Arbitration Rules and Procedures of JAMS that are in effect at
the time the arbitration is initiated (the “JAMS Rules”) and under the terms set forth in this ToU. In the event of a conflict between the terms set
forth in this Section 19 and the JAMS Rules, the terms in this Section 19 will control and
19.2. Except as otherwise set forth in
Section 19.5, you may seek any remedies
available to you under federal, state or local laws in an arbitration action. As part of the
arbitration, both you and Rebel Labs will have the opportunity for discovery of non-privileged
information that is relevant to the Claim. The arbitrator will provide a written statement of
the arbitrator’s decision regarding the Claim, the award given and the arbitrator’s findings and
conclusions on which the arbitrator’s decision is based. The determination of whether a Claim is
subject to arbitration shall be governed by the Federal Arbitration Act and determined by a
court rather than an arbitrator. Except as otherwise provided in this ToU, (a) you and Rebel
Labs may litigate in court to compel arbitration, stay proceedings pending arbitration, or
confirm, modify, vacate or enter judgment on the award entered by the arbitrator; and (b) the
arbitrator’s decision shall be final, binding on all parties and enforceable in any court that
has jurisdiction, provided that any award may be challenged if the arbitrator fails to follow
19.3. Location. The arbitration will take place
in the JAMS Resolution Center in Dallas, TX, unless the parties agree to video, phone or
internet connection appearances.
19.4. Limitations. You and Rebel Labs
agree that any arbitration shall be limited to the Claim between Rebel Labs and you
individually. YOU AND REBEL LABS AGREE THAT (a) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE
TO BE ARBITRATED ON A CLASS-ACTION BASIS OR TO UTILIZE CLASS ACTION PROCEDURES; (b) THERE IS NO
RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY OR AS A
PRIVATE ATTORNEY GENERAL; AND (c) NO ARBITRATION SHALL BE JOINED WITH ANY OTHER ARBITRATION.
19.5. Exceptions to Arbitration. You and Rebel
Labs agree that the following Claims are not subject to the above provisions concerning
negotiations and binding arbitration: (a) any Claim seeking to enforce or protect, or concerning
the validity of, any of Rebel Labs’ intellectual property rights; (b) any Claim related to, or
arising from, allegations of theft, piracy, invasion of privacy or unauthorized use; and (c) any
claim for equitable relief. In addition to the foregoing, either party may assert an individual
action in small claims court for Claims that are within the scope of such court’s jurisdiction
in lieu of arbitration.
19.6. Arbitration Fees. If you initiate
arbitration for a Claim, you will need to pay the arbitration initiation fee. If we are
initiating arbitration for a Claim, we will pay all costs charged for initiating the
arbitration. All other fees and costs of the arbitration will be charged pursuant to the JAMS
Survival. This Binding
Arbitration section of this ToU will survive any termination of your relationship with Rebel
20.1. Severability. You and Rebel Labs agree
that if any portion of this Section 20 is found
illegal or unenforceable (except any portion of
Section 19.4), that portion shall be severed
and the remainder of the section shall be given full force and effect. If Section
19.4 is found to be illegal or unenforceable
then neither you nor Rebel Labs will elect to arbitrate any Claim falling within that portion of
Section 19.4 found to be illegal or
unenforceable and such Claim shall be exclusively decided by a court of competent jurisdiction
within Austin, Texas, United States of America, and you and Rebel Labs agree to submit to the
personal jurisdiction of that court.
21.1. ToU Revisions. This ToU may only be
revised in a writing signed by Rebel Labs, or published by Rebel Labs on the Site.
21.2. No Partnership. You agree that no joint
venture, partnership, employment, or agency relationship exists between you and Rebel Labs as a
result of this ToU or your use of the Service.
21.3. Assignment. Rebel Labs may assign its
rights under this ToU to any person or entity without your consent. The rights granted to you
under this ToU may not be assigned without Rebel Labs’ prior written consent, and any attempted
unauthorized assignment by you shall be null and void.
21.4. Severability. If any part of this ToU is
determined to be invalid or unenforceable, then that portion shall be severed, and the remainder
of the ToU shall be given full force and effect.
21.5. Attorneys’ Fees. In the event any
litigation or arbitration is brought by either party in connection with this ToU, except as
otherwise provided in Section 19.6, the prevailing party shall be entitled to recover from the
other party all the reasonable costs, attorneys’ fees and other expenses incurred by such
prevailing party in the litigation.
21.6. No Waiver. Our failure to enforce any
provision of this ToU shall in no way be construed to be a present or future waiver of such
provision, nor in any way affect our right to enforce the same provision at a later time. An
express waiver by Rebel Labs of any provision, condition or requirement of this ToU shall not be
understood as a waiver of your obligation to comply with the same provision, condition or
requirement at a later time.
21.7. Notices. All notices given by you or
required under this ToU shall be in writing and sent to email@example.com.
21.8. Equitable Remedies. You acknowledge and
agree that Rebel Labs would be irreparably damaged if the terms of this ToU were not
specifically enforced, and therefore you agree that we shall be entitled, without bond, other
security, or proof of damages, to appropriate equitable remedies with respect to breaches of
this ToU, in addition to such other remedies as we may otherwise have available to us under
21.9. Entire Agreement. This ToU, including the
documents referenced in this ToU, constitutes the entire agreement between you and Rebel Labs
with respect to the Site and the Service and supersedes any and all prior agreements between you
and Rebel Labs relating to the Site or the Service.
21.10. Special Promotions. Occasionally, we may
offer you the chance to participate in sweepstakes, campaigns, contests, and surveys (“Special Promotions”) through the Service. Special Promotions may be governed by terms and conditions that are
separate from this ToU. If the provisions of a Special Promotion’s terms and conditions conflict
with this ToU, those separate terms and conditions shall prevail.
21.11. Language Acknowledgement. You and Rebel
Labs expressly acknowledge and agree that the language governing these ToU, the
conditions governing the use of the Site or Service incorporated herein or incorporating these
ToU (collectively, the “Terms”), shall be English. For your convenience, Rebel Labs may provide you with a translation of
the English language version of the Terms. In the event of any inconsistency between a
non-English version of the Terms and the English version, the English version will govern your
relationship with Rebel Labs.