Last Updated: December 1, 2025
Welcome, and thank you for your interest in Because Dads Matter ("Because Dads Matter," "we," or "us") and our online community, along with any mobile or other downloadable applications that we make available to enable access to the same (collectively, the "Platform"). These Terms of Service are a legally binding contract between you and Because Dads Matter regarding your use of the Because Dads Matter platform.
PLEASE READ THE FOLLOWING TERMS CAREFULLY.
BY ACCEPTING THESE TERMS, EITHER BY CLICKING "I ACCEPT," OR BY OTHERWISE ACCESSING OR USING the Because Dads Matter platform, YOU AGREE THAT YOU HAVE READ AND UNDERSTOOD, AND, AS A CONDITION TO YOUR USE OF AND ACCESS TO the Because Dads Matter platform, YOU AGREE TO BE BOUND BY, THE FOLLOWING TERMS AND CONDITIONS, INCLUDING Because Dads Matter PRIVACY POLICY (COLLECTIVELY, THESE "TERMS") EITHER (A) ON BEHALF OF YOURSELF AS AN INDIVIDUAL, OR (B) IF YOU ARE ACCESSING the Because Dads Matter platform ON BEHALF OF AN ENTITY, ORGANIZATION, OR Because Dads Matter, ON BEHALF OF SUCH ENTITY, ORGANIZATION OR Because Dads Matter FOR WHICH YOU ACT, AND YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY, ORGANIZATION OR Because Dads Matter TO THIS AGREEMENT. IF YOU ARE NOT ELIGIBLE, OR DO NOT AGREE TO THE TERMS, THEN YOU DO NOT HAVE OUR PERMISSION TO USE the Because Dads Matter platform. YOUR USE OF the Because Dads Matter platform, AND Because Dads Matter PROVISION OF the Because Dads Matter platform TO YOU, CONSTITUTES AN AGREEMENT BY Because Dads Matter AND BY YOU TO BE BOUND BY THESE TERMS.
ARBITRATION NOTICE. Except for certain kinds of disputes described in Section 15 (Dispute Resolution and Arbitration), you agree that disputes arising under these Terms will be resolved by binding, individual arbitration, and BY ACCEPTING THESE TERMS, YOU AND Because Dads Matter ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING
Eligibility. You must be at least 18 years old to join the Because Dads Matter platform or have the consent of a parent or legal guardian. By agreeing to these Terms, you represent and warrant to us that: (a) you are at least 18 years old or you are at least 13 years old and have obtained verifiable consent from a parent or legal guardian to join the Because Dads Matter platform; (b) you have not previously been suspended or removed from the Because Dads Matter platform; and (c) your registration and your use of the Because Dads Matter platform is in compliance with any and all applicable laws and regulations.
Accounts and Registration. To access most features of the Because Dads Matter platform, you must register for an account. When you register for an account, you may be required to provide us with some information about yourself, such as your name, email address, or other contact information. You agree that the information you provide to us is accurate, complete, and not misleading, and that you will keep it accurate and up to date at all times. When you register, you will be asked to create a password. You are solely responsible for maintaining the confidentiality of your account and password, and you accept responsibility for all activities that occur under your account. If you believe that your account is no longer secure, then you should immediately notify us at hello@becausedadsmatter.com or by using the mechanisms made available by Because Dads Matter.
LICENSES
3.1. Limited License. Subject to your complete and ongoing compliance with these Terms, Because Dads Matter grants you, solely for your personal, non-commercial use, a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to: (a) install and use any mobile or other downloadable application provided to you by Because Dads Matter and associated with the Because Dads Matter platform on a mobile device that you own or control; and (b) access and use the Because Dads Matter platform.
3.2. License Restrictions. Except and solely to the extent such a restriction is impermissible under applicable law, you may not: (a) reproduce, distribute, publicly display, publicly perform, or create derivative works of the software powering the Because Dads Matter platform; (b) make modifications to the software powering the Because Dads Matter platform; or (c) interfere with or circumvent any feature of the Because Dads Matter platform, including any security or access control mechanism. If you are prohibited under applicable law from using the Because Dads Matter platform, then you may not use it.
3.3. Feedback. We respect and appreciate the thoughts and comments from our users. If you choose to provide input and suggestions regarding existing functionalities, problems with or proposed modifications or improvements to the Because Dads Matter platform ("Submissions"), then you hereby grant Because Dads Matter and its Service Provider (defined in Section 16.1 below) an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right and license to exploit the Submissions in any manner and for any purpose, including to improve the Because Dads Matter platform and create other products and services. We will have no obligation to provide you with attribution for any Submissions you provide to us.
Ownership; Proprietary Rights. the Because Dads Matter platform is managed by Because Dads Matter using a platform made available by Service Provider. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the Because Dads Matter platform provided by Because Dads Matter or Service Provider ("Materials") are protected by intellectual property and other laws. All Materials included in the Because Dads Matter platform are the property of Because Dads Matter or its third-party licensors (including Service Provider). Except as expressly authorized by Because Dads Matter, you may not make use of the Materials. There are no implied licenses in these Terms and Because Dads Matter and Service Provider reserve all rights to the Materials not granted expressly in these Terms.
THIRD-PARTY TERMS
5.1. Third-Party Services. Because Dads Matter may provide tools through the Because Dads Matter platform that enable integration with third-party platforms, add-ons, services, or products not provided by Because Dads Matter ("Third-Party Services"). If you direct us to transmit data to, or receive data from, a Third-Party Service on your behalf (including by enabling the applicable integration in the settings of the Because Dads Matter platform), then you authorize us and Service Provider to collect, access, use, derive, disclose, generate, transfer, transmit, store, host, or otherwise process ("Process") any such data, including User Content (defined in 6.1 below), in connection with the applicable integration, in a manner consistent with the functionality of the Because Dads Matter platform requested by you and the permissions granted to Because Dads Matter by the relevant integration (which Processing may include, without limitation, performing queries on the data held by the Third-Party Service). You acknowledge and agree that your use of a Third-Party Service is subject to your agreement with the relevant provider of such Third-Party Service, and that Because Dads Matter and Service Provider are not a party to such agreement. Because Dads Matter and Service Provider do not control and have no liability for Third-Party Services, including their security, functionality, operation, availability, or interoperability with the Because Dads Matter platform or how the Third-Party Services or their providers use User Content. All data received from Third-Party Services on behalf of you as described herein will be deemed User Content under these Terms.
5.2. Third-Party Software. the Because Dads Matter platform may include or incorporate third-party software components that are generally available free of charge under licenses granting recipients broad rights to copy, modify, and distribute those components ("Third-Party Components"). Although the Because Dads Matter platform is provided to you subject to these Terms, nothing in these Terms prevents, restricts, or is intended to prevent or restrict you from obtaining Third-Party Components under the applicable third-party licenses or to limit your use of Third-Party Components under those third-party licenses.
USER CONDUCT
6.1. User Content Generally. Certain features of the Because Dads Matter platform may permit users to submit, upload, publish, broadcast, or otherwise transmit ("Post") content to the Because Dads Matter platform, including messages, reviews, photos, video or audio (including sound or voice recordings and musical recordings embodied in the video or audio), images, folders, data, text, and any other works of authorship or other works ("User Content"). You retain any copyright and other proprietary rights that you may hold in the User Content that you Post to the Because Dads Matter platform, subject to the licenses granted in these Terms.
6.2. Limited License Grant to Because Dads Matter. By Posting User Content to or via the Because Dads Matter platform, you grant Because Dads Matter and Service Provider a worldwide, non-exclusive, royalty-free, fully paid right and license (with the right to sublicense through multiple tiers) to host, store, transfer, publicly display, publicly perform (including by means of a digital audio transmission), communicate to the public, reproduce, modify for the purpose of formatting for display, create derivative works as authorized in these Terms, and distribute your User Content, in whole or in part, in any media formats and through any media channels, in each instance whether now known or hereafter developed. All of the rights you grant in these Terms are provided on a through-to-the-audience basis, meaning the owners or operators of external services will not have any separate liability to you or any other third party for User Content Posted or otherwise used on external services via the Because Dads Matter platform. You agree to pay all monies owing to any person or entity resulting from Posting your User Content and from Because Dads Matter's or Service Provider's exercise of the license set forth in this Section.
6.3. You Must Have Rights to the Content You Post; User Content Representations and Warranties.
You must not Post User Content if you are not the owner of or are not fully authorized to grant rights in all of the elements of that User Content including in all ambient music and underlying musical works embodied in any sound recording. Because Dads Matter disclaims any and all liability in connection with User Content. You are solely responsible for your User Content and the consequences of providing User Content via the Because Dads Matter platform. By providing User Content via the Because Dads Matter platform, you affirm, represent, and warrant to us that:
you are the Because Dads Matter and owner of the User Content, or have the necessary licenses, rights, consents, and permissions to authorize Because Dads Matter and users of the Because Dads Matter platform to use and distribute your User Content as necessary to exercise the licenses granted by you in this Section, in the manner contemplated by Because Dads Matter, Service Provider, the Because Dads Matter platform, and these Terms; your User Content, and the Posting or other use of your User Content as contemplated by these Terms, does not and will not: (i) infringe, violate, misappropriate, or otherwise breach any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property, contract, or proprietary right; (ii) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; or (iii) cause Because Dads Matter or Service Provider to violate any law or regulation or require Because Dads Matter or Service Provider to obtain any further licenses from or pay any royalties, fees, compensation or other amounts or provide any attribution to any third parties; and (c) your User Content could not be deemed by a reasonable person to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate.
6.4. User Content Disclaimer. Because Dads Matter and Service Provider are under no obligation to edit or control User Content that you or other users Post and will not be in any way responsible or liable for User Content. Because Dads Matter or Service Provider may, however, at any time and without prior notice, screen, remove, edit, or block any User Content that in our sole judgment violates these Terms, is alleged to violate the rights of third parties, or is otherwise objectionable. You understand that, when using the Because Dads Matter platform, you will be exposed to User Content from a variety of sources and acknowledge that User Content may be inaccurate, offensive, indecent, or objectionable. You agree to waive, and do waive, any legal or equitable right or remedy you have or may have against Because Dads Matter or Service Provider with respect to User Content. If notified by a user or content owner that User Content allegedly does not conform to these Terms, Because Dads Matter may (or may permit Service Provider to) investigate the allegation and determine whether to remove the User Content, which Because Dads Matter and Service Provider reserve the right to do at any time, without notice, and for any reason. For clarity, Because Dads Matter does not permit infringing activities on the Because Dads Matter platform.
6.5. Monitoring Content. Because Dads Matter and Service Provider do not control and do not have any obligation to monitor: (a) User Content; (b) any content made available by third parties; or (c) the use of the Because Dads Matter platform by its users. You acknowledge and agree that Because Dads Matter and Service Provider reserve the right to, and may from time to time, monitor any and all information transmitted or received through the Because Dads Matter platform for operational and other purposes. If at any time Because Dads Matter or Service Provider choose to monitor the content, then Because Dads Matter and Service Provider still assume no responsibility or liability for content or any loss or damage incurred as a result of the use of content. During monitoring, information may be examined, recorded, copied, and used in accordance with Because Dads Matter's Privacy Policy. Because Dads Matter and Service Provider may block, filter, mute, remove or disable access to any User Content uploaded to or transmitted through the Because Dads Matter platform without any liability to the user who Posted such User Content to the Because Dads Matter platform or to any other users of the Because Dads Matter platform.
6.6. Child Sexual Abuse and Exploitation. Because Dads Matter and Service Provider prohibit any sexual content or suggestive content, and predatory or inappropriate behavior involving minors (i.e. users under 18 years old) or someone who appears to be a minor. This includes sharing, offering, or asking for child exploitation content, including child sexual abuse material (CSAM). If you are unsure about a piece of content involving a minor, do not share it. To report sexual, suggestive, or inappropriate behavior minors, you can use the in-line report feature on the website or app. When child sexual exploitation content is identified, the violative content is removed as soon as possible and the related account is banned. If Because Dads Matter and Service Provider confirm the presence of CSAM, we take the steps required by law to preserve and refer the relevant content to appropriate authorities. In the United States, federal law requires that U.S.-based electronic service providers report instances of apparent CSAM to the National Center for Missing and Exploited Children (NCMEC). NCMEC coordinates reports with global law enforcement agencies in over 120 countries through its partner organization, the International Center for Missing and Exploited Children.
7.COMMUNICATIONS
7.1. Push Notifications. When you install our app on your mobile device, you agree to receive push notifications, which are messages an app sends you on your mobile device when you are not in the app. You can turn off notifications by visiting your mobile device's "settings" page.
7.2. In-App Notifications. When you install our app on your mobile device, we may send you in-app notifications. You can turn off notifications in the app's "settings" page.
7.3. Email. We may send you emails concerning our products and services, as well as those of third parties. You may opt out of promotional emails by following the unsubscribe instructions in the promotional email itself. Even if you opt out of receiving promotional messages from us, you will continue to receive administrative messages from us.
8. PROHIBITED CONDUCT. BY USING the Because Dads Matter platform, YOU AGREE NOT TO:
8.1. use the Because Dads Matter platform for any illegal purpose or in violation of any local, state, national, or international law;
8.2. harass, threaten, demean, embarrass, bully, or otherwise harm any other user of the Because Dads Matter platform;
8.3. violate, encourage others to violate, or provide instructions on how to violate, any right of a third party, including by infringing or misappropriating any third-party intellectual property right;
8.4. access, search, or otherwise use any portion of the Because Dads Matter platform through the use of any engine, software, tool, agent, device, or mechanism (including spiders, robots, crawlers, and data mining tools) other than the software or search agents provided by Because Dads Matter or Service Provider;
8.5. interfere with security-related features of the Because Dads Matter platform, including by: (a) disabling or circumventing features that prevent or limit use, printing or copying of any content; or (b) reverse engineering or otherwise attempting to discover the source code of any portion of the Because Dads Matter platform except to the extent that the activity is expressly permitted by applicable law;
8.6. interfere with the operation of the Because Dads Matter platform or any user's enjoyment of the Because Dads Matter platform, including by: (a) uploading or otherwise disseminating any virus, adware, spyware, worm, or other malicious code; (b) making any unsolicited offer or advertisement to another user of the Because Dads Matter platform; (c) collecting personal information about another user or third party without consent; or (d) interfering with or disrupting any network, equipment, or server connected to or used to provide the Because Dads Matter platform;
8.7. perform any fraudulent activity including impersonating any person or entity, claiming a false affiliation or identity, accessing any other Community account without permission, or falsifying your age or date of birth;
8.8. sell or otherwise transfer the access granted under these Terms or any Materials (as defined in Section 4(Ownership; Proprietary Rights)) or any right or ability to view, access, or use any Materials; or
8.9. attempt to do any of the acts described in this Section 8 (Prohibited Conduct) or assist or permit any person in engaging in any of the acts described in this Section 8 (Prohibited Conduct).
9. INTELLECTUAL PROPERTY RIGHTS PROTECTION
9.1. Respect of Third Party Rights. Because Dads Matter respects the intellectual property rights of others, takes the protection of intellectual property rights very seriously, and asks users of the Because Dads Matter platform to do the same. Infringing activity will not be tolerated on or through the Because Dads Matter platform.
9.2. DMCA Notification. We comply with the provisions of the Digital Millennium Copyright Act applicable to Internet service providers (17 U.S.C. § 512, as amended) and the Because Dads Matter platform is subject to Service Provider's DMCA policy.
10. Modification of Terms.
We may, from time to time, change these Terms. Please check these Terms periodically for changes. Revisions will be effective immediately except that, for existing users, material revisions will be effective 30 days after posting or notice to you of the revisions unless otherwise stated. We may require that you accept modified Terms in order to continue to use the Because Dads Matter platform. If you do not agree to the modified Terms, then you should remove your User Content and discontinue your use of the Because Dads Matter platform. Except as expressly permitted in this Section 10 (Modification of Terms), these Terms may be amended only by a written agreement signed by authorized representatives of the parties to these Terms.
11. TERM, TERMINATION, AND MODIFICATION OF the Because Dads Matter platform
11.1. Term. These Terms are effective beginning when you accept the Terms or first download, install, access, or use the Because Dads Matter platform, and ending when terminated as described in Section 11.2 (Termination).
11.2.Termination. If you violate any provision of these Terms, then your authorization to access the Because Dads Matter platform and these Terms automatically terminate. In addition, Because Dads Matter may, at its sole discretion, terminate these Terms or your account on the Because Dads Matter platform, or suspend or terminate your access to the Because Dads Matter platform, at any time for any reason or no reason, with or without notice, and without any liability to you arising from such termination. You may terminate your account at any time by using the mechanism designated in the Because Dads Matter platform or contacting customer service at hello@becausedadsmatter.com.
11.3. Effect of Termination. Upon termination of these Terms: (a) your license rights will terminate and you must immediately cease all use of the Because Dads Matter platform; (b) you will no longer be authorized to access your account or the Because Dads Matter platform; (c) you must pay Because Dads Matter any unpaid amount that was due prior to termination; and (d) all payment obligations accrued prior to termination and Sections 3.3 (Feedback), 4 (Ownership; Proprietary Rights), 11.3 (Effect of Termination), 12 (Indemnity), 13 (Disclaimers; No Warranties by Because Dads Matter), 14 (Limitation of Liability), 15 (Dispute Resolution and Arbitration), and 16 (Miscellaneous) will survive. You are solely responsible for retaining copies of any User Content you Post to the Because Dads Matter platform since upon termination of your account, you may lose access rights to any User Content you Posted to the Because Dads Matter platform. If your account has been terminated for a breach of these Terms, then you are prohibited from creating a new account on the Because Dads Matter platform using a different name, email address or other forms of account verification.
11.4. Modification of the Because Dads Matter platform. Because Dads Matter reserves the right to modify or discontinue all or any portion of the Because Dads Matter platform at any time (including by limiting or discontinuing certain features of the Because Dads Matter platform), temporarily or permanently, without notice to you. Because Dads Matter will have no liability for any change to the Because Dads Matter platform, including any paid-for functionalities of the Because Dads Matter platform, or any suspension or termination of your access to or use of the Because Dads Matter platform. You should retain copies of any User Content you Post to the Because Dads Matter platform so that you have permanent copies in the event the Because Dads Matter platform is modified in such a way that you lose access to User Content you Posted to the Because Dads Matter platform.
12. Indemnity. To the fullest extent permitted by law, you are responsible for your use of the Because Dads Matter platform, and you will defend and indemnify Because Dads Matter, its affiliates, and their respective shareholders, directors, managers, members, officers, employees, consultants, and agents (together, the "Specified Entities") and Service Provider from and against every claim brought by a third party, and any related liability, damage, loss, and expense, including attorneys' fees and costs, arising out of or connected with: (1) your unauthorized use of, or misuse of, the Because Dads Matter platform; (2) your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; (3) your violation of any third-party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; or (4) any dispute or issue between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of those claims.
13. DISCLAIMERS; NO WARRANTIES BY Because Dads Matter
13.1. the Because Dads Matter platform AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH the Because Dads Matter platform ARE PROVIDED "AS IS" AND ON AN "AS AVAILABLE" BASIS. Because Dads Matter AND SERVICE PROVIDER DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO the Because Dads Matter platform AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH the Because Dads Matter platform, INCLUDING: (a) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (b) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. Because Dads Matter AND ITS SERVICE PROVIDER DO NOT WARRANT THAT the Because Dads Matter platform OR ANY PORTION OF the Because Dads Matter platform, OR ANY MATERIALS OR CONTENT OFFERED THROUGH the Because Dads Matter platform, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND Because Dads Matter DOES NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED.
13.2. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM the Because Dads Matter platform, SPECIFIED ENTITIES, OR SERVICE PROVIDER, OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH the Because Dads Matter platform WILL CREATE ANY WARRANTY REGARDING ANY OF THE SPECIFIED ENTITIES OR the Because Dads Matter platform THAT IS NOT EXPRESSLY STATED IN THESE TERMS. WE ARE NOT RESPONSIBLE FOR ANY DAMAGE THAT MAY RESULT FROM the Because Dads Matter platform AND YOUR DEALING WITH ANY OTHER COMMUNITY USER. YOU UNDERSTAND AND AGREE THAT YOU USE ANY PORTION OF the Because Dads Matter platform AT YOUR OWN DISCRETION AND RISK, AND THAT WE ARE NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH the Because Dads Matter platform) OR ANY LOSS OF DATA, INCLUDING USER CONTENT.
13.3. THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION 13 (DISCLAIMERS; NO WARRANTIES BY Because Dads Matter) APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. Because Dads Matter does not disclaim any warranty or other right that Because Dads Matter is prohibited from disclaiming under applicable law.
14. LIMITATION OF LIABILITY
14.1. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE SPECIFIED ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, the Because Dads Matter platform OR ANY MATERIALS OR CONTENT ON the Because Dads Matter platform, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY SPECIFIED ENTITY OR SERVICE PROVIDER HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE.
14.2. EXCEPT AS PROVIDED IN SECTIONS 15.5 (COMMENCING ARBITRATION) AND 15.7 (ARBITRATION RELIEF) AND TO THE FULLEST EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF THE SPECIFIED ENTITIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF the Because Dads Matter platform OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE GREATER OF: (A) THE AMOUNT YOU HAVE PAID TO Because Dads Matter FOR ACCESS TO AND USE OF the Because Dads Matter platform IN THE 12 MONTHS PRIOR TO THE EVENT OR CIRCUMSTANCE GIVING RISE TO THE CLAIM AND (B) US$100.
14.3. WITHOUT LIMITING THE FOREGOING, YOU AND Because Dads Matter AGREE THAT SERVICE PROVIDER IS NOT A PARTY TO THIS AGREEMENT AND, TO THE FULLEST EXTENT PERMITTED BY LAW, SERVICE PROVIDER WILL HAVE NO LIABILITY TO YOU ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT. YOU AGREE THAT IF YOU BRING A CLAIM AGAINST SERVICE PROVIDER ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, SUCH CLAIM IS SUBJECT TO THE DISPUTE RESOLUTION PROCEDURE SET FORTH IN SECTION 15, AND SERVICE PROVIDER WILL BE DEEMED SUBSTITUTED FOR Because Dads Matter THEREUNDER SOLELY FOR THE PURPOSE OF SUCH CLAIM.
14.4. EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS.
THE LIMITATIONS IN THIS SECTION 14 (LIMITATION OF LIABILITY) WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
15. DISPUTE RESOLUTION AND ARBITRATION
15.1. Generally. Except as described in Section 15.2 (Exceptions) and 15.3 (Opt-Out), you and Because Dads Matter agree that every dispute arising in connection with these Terms, the Because Dads Matter platform, or communications from us will be resolved through binding arbitration. Arbitration uses a neutral arbitrator instead of a judge or jury, is less formal than a court proceeding, may allow for more limited discovery than in court, and is subject to very limited review by courts. This agreement to arbitrate disputes includes all claims whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms. Any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement will be resolved by the arbitrator.
YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND Because Dads Matter ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
15.2. Exceptions. Although we are agreeing to arbitrate most disputes between us, nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either party to: (a) bring an individual action in small claims court; (b) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (c) seek injunctive relief in a court of law in aid of arbitration; or (d) to file suit in a court of law to address an intellectual property infringement claim.
15.3. Opt-Out. If you do not wish to resolve disputes by binding arbitration, you may opt out of the provisions of this Section 15 (Dispute Resolution and Arbitration) within 30 days after the date that you agree to these Terms by sending a letter to Because Dads Matter, Attention: Legal Department – Arbitration Opt-Out, hello@becausedadsmatter.com that specifies: your full legal name, the email address associated with your account on the Because Dads Matter platform, and a statement that you wish to opt out of arbitration ("Opt-Out Notice"). Once Because Dads Matter receives your Opt-Out Notice, this Section 15 (Dispute Resolution and Arbitration) will be void and any action arising out of these Terms will be resolved as set forth in Section 16.3 (Governing Law). The remaining provisions of these Terms will not be affected by your Opt-Out Notice.
15.4. Arbitrator. This arbitration agreement, and any arbitration between us, is subject to the Federal Arbitration Act and will be administered by the JAMS under the rules applicable to consumer disputes (collectively, "JAMS Rules") as modified by these Terms. The JAMS Rules and filing forms are available online at www.jamsadr.com, by calling the JAMS at +1-800-352-5267 or by contacting Because Dads Matter.
15.5. Commencing Arbitration. Before initiating arbitration, a party must first send a written notice of the dispute to the other party by certified U.S. Mail or by Federal Express (signature required) or, only if that other party has not provided a current physical address, then by electronic mail ("Notice of Arbitration"). Because Dads Matter's address for Notice is: Because Dads Matter, hello@becausedadsmatter.com. The Notice of Arbitration must: (a) identify the name or account number of the party making the claim; (b) describe the nature and basis of the claim or dispute; and (c) set forth the specific relief sought ("Demand"). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice of Arbitration is received, you or Because Dads Matter may commence an arbitration proceeding. If you commence arbitration in accordance with these Terms, Because Dads Matter will reimburse you for your payment of the filing fee, unless your claim is for more than US$10,000 or if Because Dads Matter has received 25 or more similar demands for arbitration, in which case the payment of any fees will be decided by the JAMS Rules. If the arbitrator finds that either the substance of the claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the JAMS Rules and the other party may seek reimbursement for any fees paid to JAMS.
15.6. Arbitration Proceedings. Any arbitration hearing will take place in the county and state of your residence unless we agree otherwise or, if the claim is for US$10,000 or less (and does not seek injunctive relief), you may choose whether the arbitration will be conducted: (a) solely on the basis of documents submitted to the arbitrator; (b) through a telephonic or video hearing; or (c) by an in-person hearing as established by the JAMS Rules in the county (or parish) of your residence. During the arbitration, the amount of any settlement offer made by you or Because Dads Matter must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based.
15.7.Arbitration Relief. Except as provided in Section 15.8 (No Class Actions), the arbitrator can award any relief that would be available if the claims had been brought in a court of competent jurisdiction. If the arbitrator awards you an amount higher than the last written settlement amount offered by Because Dads Matter before an arbitrator was selected, Because Dads Matter will pay to you the higher of: (a) the amount awarded by the arbitrator and (b) US$10,000. The arbitrator's award shall be final and binding on all parties, except (1) for judicial review expressly permitted by law or (2) if the arbitrator's award includes an award of injunctive relief against a party, in which case that party shall have the right to seek judicial review of the injunctive relief in a court of competent jurisdiction that shall not be bound by the arbitrator's application or conclusions of law. Judgment on the award may be entered in any court having jurisdiction.
15.8. No Class Actions. YOU AND Because Dads Matter AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Because Dads Matter agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.
15.9. Modifications to this Arbitration Provision. If Because Dads Matter makes any substantive change to this arbitration provision, you may reject the change by sending us written notice within 30 days of the change to Because Dads Matter's address for Notice of Arbitration, in which case your account with Because Dads Matter will be immediately terminated and this arbitration provision, as in effect immediately prior to the changes you rejected will survive.
15.10. Enforceability. If Section 15.8 (No Class Actions) or the entirety of this Section 15 (Dispute Resolution and Arbitration) is found to be unenforceable, or if Because Dads Matter receives an Opt-Out Notice from you, then the entirety of this Section 15 (Dispute Resolution and Arbitration) will be null and void and, in that case, the exclusive jurisdiction and venue described in Section 16.3 (Governing Law) will govern any action arising out of or related to these Terms.
16. MISCELLANEOUS
16.1.Third-Party Beneficiary. the Because Dads Matter platform is powered by a technology platform provided by CircleCo, Inc. ("Service Provider"). You and we acknowledge and agree that (a) Service Provider is an intended third-party beneficiary to these Terms, (b) is entitled to rights and benefits hereunder, and (c) may enforce these Terms against you as if it were an original party hereto.
16.2. General Terms. These Terms, including the Privacy Policy and any other agreements expressly incorporated by reference into these Terms, are the entire and exclusive understanding and agreement between you and Because Dads Matter regarding your use of the Because Dads Matter platform. These Terms or any rights under these Terms, may not be assigned either by us or by you in whole or in part, by operation of law or otherwise, without our Service Provider's prior written consent. The failure to require performance of any provision will not affect our right to require performance at any other time after that, nor will a waiver by us of any breach or default of these Terms, or any provision of these Terms, be a waiver of any subsequent breach or default or a waiver of the provision itself. Use of Section headers in these Terms is for convenience only and will not have any impact on the interpretation of any provision. Throughout these Terms the use of the word "including" means "including but not limited to." If any part of these Terms is held to be invalid or unenforceable, then the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect.
16.3. Governing Law. These Terms are governed by the laws of the State of New York without regard to conflict of law principles. You and Because Dads Matter submit to the personal and exclusive jurisdiction of the state courts and federal courts located within Kings County, New York for resolution of any lawsuit or court proceeding permitted under these Terms. Service Provider operates the service that we use to provide the Because Dads Matter platform from its offices in New York, and we make no representation that Materials included in the Because Dads Matter platform are appropriate or available for use in other locations.
16.4. Privacy Policy. You understand and agree to the processing of your personal data in connection with the Because Dads Matter platform in accordance with Because Dads Matter's Privacy Policy, which is hereby incorporated by reference into Section 16.4 of these Terms.
16.5. Consent to Electronic Communications. By using the Because Dads Matter platform, you consent to receiving certain electronic communications from us as further described in our Privacy Policy. Please read our Privacy Policy to learn more about our electronic communications practices. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that those communications be in writing.
16.6. Notice to California Residents. If you are a California resident, then under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at +1-800-952-5210 in order to resolve a complaint regarding the Because Dads Matter platform or to receive further information regarding use of the Because Dads Matter platform.
17. Notice Regarding Apple. This Section 17 (Notice Regarding Apple) only applies to the extent you are using our mobile application on an iOS device. You acknowledge that these Terms are between you and Because Dads Matter only, not with Apple Inc. ("Apple"), and Apple is not responsible for the Because Dads Matter platform or the content of it. Apple has no obligation to furnish any maintenance and support services with respect to the Because Dads Matter platform. If the Because Dads Matter platform fails to conform to any applicable warranty, you may notify Apple, and Apple will refund any applicable purchase price for the mobile application to you. To the maximum extent permitted by applicable law, Apple has no other warranty obligation with respect to the Because Dads Matter platform. Apple is not responsible for addressing any claims by you or any third party relating to the Because Dads Matter platform or your possession and/or use of the Because Dads Matter platform, including: (1) product liability claims; (2) any claim that the Because Dads Matter platform fails to conform to any applicable legal or regulatory requirement; or (3) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement, and discharge of any third-party claim that the Because Dads Matter platform and/or your possession and use of the Because Dads Matter platform infringe a third party's intellectual property rights. You agree to comply with any applicable third-party terms when using the Because Dads Matter platform. Apple and Apple's subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary of these Terms. You hereby represent and warrant that: (a) you are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a "terrorist supporting" country; and (b) you are not listed on any U.S. Government list of prohibited or restricted parties.