Terms of Service

Updated : December 1, 2023

A. The Terms

• 1. Acceptance of Terms

  Welcome to FanClub (“Service” or “Site”), owned and operated by FanClub, LLC (“FanClub”). By signing up on the account registration or using the Site in any way, you are agreeing to comply with and be bound by this Agreement, the Privacy Policy and all rules, policies, and disclaimers posted on the Site or about which you are notified (collectively “Terms”). Please review all of the Terms carefully before using the Site.

  By using the Site, you (i) agree to be bound by the Terms, (ii) represent that you are over the age of thirteen (13) and able to form legally binding contracts, (iii) agree and acknowledge that by using the Service you are accepting a benefit that cannot be disgorged, (iv) acknowledge that the service is subject to U.S. export controls and agree that you will comply with U.S. export controls, and (v) represent that you are neither located in a sanctioned country nor a prohibited person.

  PLEASE NOTE THAT THESE TERMS PROVIDE THAT IF YOU AND FanClub ARE UNABLE TO RESOLVE ANY DISPUTES THAT ARISE EITHER INFORMALLY OR THROUGH MEDIATION, THE DISPUTE WILL BE RESOLVED BY BINDING ARBITRATION. ARBITRATION USES A NEUTRAL ARBITRATOR INSTEAD OF A JUDGE OR JURY. YOU AND FanClub ALSO AGREE THAT ANY CLAIMS OR DISPUTES CANNOT BE BROUGHT AS A CLASS ACTION. PLEASE CAREFULLY REVIEW THE DISPUTE RESOLUTION SECTION BELOW. IF YOU DO NOT ACCEPT THE ARBITRATION PROVISION BELOW, YOU MAY NOT USE THE SITE. THESE TERMS ALSO EXPLAIN THE CONSENT YOU PROVIDE TO US TO CONTACT YOU USING THE TELEPHONE NUMBERS YOU PROVIDE TO US, INCLUDING VIA AUTOMATED DIALING OR TEXTING SYSTEMS (SEE SECTION 4 FOR MORE INFORMATION).‍

• 2. Definitions

  The words “User,” “you” and “your” refer to the individual or entity that creates a FanClub account as a Customer and/or Creator. “FanClub,” “we,” “us” and “our” refer to FanClub. “Customer” refers to the person who books time with others on the Site. “Creator” refers to the person who created an account on the Site and has others book time on their calendar.

• 3. Communications and Rights to Modify Terms

  When you visit FanClub or send us emails, you are communicating with us electronically as well as via email, text message, calls, video calls, and push notifications. You consent to receive communications from us through the means outlined above or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically or through other means, satisfy any legal requirement that such communications be in writing. You agree to provide us with, and maintain in your FanClub account profile, your current and active email address. FanClub may modify any of the Terms at any time by posting them on the Site. Changes shall automatically be effective upon posting; provided, however, that those changes that FanClub, in its sole discretion, deems material changes to the Terms will be effective as to an existing User upon the earlier of: (1) the agreement of the User; or (2) thirty (30) days after notice to the existing User from an support@gofanclub.com email address to the User’s email address on file with FanClub or via other means including, but not limited to, a pop-up or banner, message, or other conspicuous notice on the FanClub website or app. If you affirmatively agree to the new terms, your agreement will be effective immediately. You agree to make any and all necessary arrangements so that you (and not your spam filter) receive all emails from FanClub email addresses. Your continued use of the Service will signify your acceptance of the changes. If you do not accept the changes, your sole and exclusive remedy is to cancel your account and discontinue using the Site.

  The latest Terms will be posted on the Site, and you should always review them prior to using the Site.

• 4. Telephone Consumer Protection Act Disclosure

  Communications from FanClub, including its agents, representatives, affiliates, or business partners, may include but are not limited to: operational communications concerning your account or use of the FanClub Site or app, updates concerning new and existing features of the site or app, marketing information and promotions run by us, our agents, representatives, affiliates, or business partners, and any news concerning FanClub.

  By entering your telephone number into the FanClub website or app, you expressly agree to receive communications for the purposes identified above from us, our agents, representatives, affiliates, or business partners, via e-mail, SMS or text messages, phone calls, video calls, and push notifications. You further expressly agree that these communications, including phone calls, SMS or text messages, may be generated using automated technology, such as an automatic telephone dialing system, or artificial or prerecorded voice, and even if your telephone number(s) is listed on any corporate, state, or federal Do-Not-Call lists.

  You represent that for the telephone number(s) that you have provided to us, you are the current subscriber or customary user and that you have the authority to provide the consent described above to be contacted at such number(s). You agree to promptly alert us whenever you stop using a particular telephone number. Standard charges may apply to the receipt of these calls or text messages.

  Opting-out of Promotional Communications. If you wish to opt out of promotional emails, you can unsubscribe from our promotional email list by following the unsubscribe options in the promotional email itself. If you wish to opt out of marketing or promotional calls or texts, text back “STOP” to the number you received outreach from, from the mobile device receiving the messages. You acknowledge that you are not required to consent to receive promotional texts or calls as a condition of using the site or the services provided by non-FanClub entities.

  Please note that consent is not a condition of using our services and consent may be revoked at any time. However, opting out may impact your use of the Site. If you wish to opt out of all texts or calls from FanClub (including operational or transactional texts or calls), you can text the word “STOPALL” to the number you received outreach from, from the mobile device receiving the messages, however you acknowledge that opting out of receiving all texts may impact your use of the Site.

  Information collected, including personal information may be shared with affiliates and third-party providers, who will use that information in accordance with their own privacy policies. Please visit our Privacy Policy for more information.

B. The Website

• 5. FanClub is a Venue; Third-Party Content

  The FanClub Site is a venue for informational and educational purposes, owned and operated by FanClub, that exists solely to broker relationships between Creators and potential Customers of those Creators who are interested in purchasing their Creator services. FanClub is not in the business of providing or selling information or education that is within any Creator’s area of Creatorise. Users of the Site, not FanClub, provide the content in Posts (defined below). The Creators determine which questions to answer; Creators are not employees or agents of FanClub but are independent service providers using the Site to sell their Creator knowledge to Customers and, as such, together with Customers, are simply Users of the Site.

  FanClub is not involved in the conversations between Customers and Creators. You understand and acknowledge that FanClub cannot and does not edit, modify, filter, screen, monitor, endorse or guarantee the content of calls. FanClub shall not be liable for any acts or omissions of Creators, content in Posts or the ability of Creators to answer questions. We cannot ensure that a Creator will complete a transaction. Notwithstanding the foregoing, FanClub reserves the right, but is not obligated, to refuse to post or to remove any content and/or remove any User’s access to the Site.

  EMERGENCY QUESTIONS AND CRISIS SITUATIONS (particularly regarding medical or mental health issues) should not be directed to the Site and should, instead be directed immediately by telephone or in-person to qualified professionals (e.g. in the U.S., call 911). The Site is not the appropriate venue to deal with such situations.

• 6. Posts Are Not Private or Confidential; Anonymity

  The Site and app are an Internet-based forum.Information and materials submitted in the content of your calls, questions, answers, requests for information, responses, profiles, signatures, qualifications, comments, and posts in places where Users communicate on the Site (collectively "Posts ") is not private or confidential, nor is it protected by attorney-client, doctor-patient, or any other privilege, and it may be read, collected, and used by others.For example, search engines may index your calls, questions, answers, and other Posts to allow them to appear in search engine results (e.g. if someone does a search on google.com or another search engine, your questions, answers, and other Posts on fanclub.app that relate to the search may appear in the search results list).

  
  

  If you would like to keep your call private from other members, please request to do so via the FanClub site or app.

• 7. Verification; No Reliance on the Term “Creator”

  Every Creator on the Site is assumed to have relevant experience and/or credentials related to the category in which they are answering questions claimed by the Creator, unless the Creator is answering questions in a category. These claims are made by the Creator and are not verified. Other information about a Creator that has been provided by the Creator has also not been verified. Use of the term "Creator" by FanClub and on the Site is only meant to describe Users who answer questions on the Site, and not to guarantee any particular level of experience or certification of these Creators.
  
  FanClub does not make an effort to verify, and cannot warrant or guarantee an Creator's purported identity; user identification on the Internet is difficult. For these reasons, FanClub cannot and does not represent, warrant or guarantee the truthfulness or accuracy of the credentials or identities of Users and information provided by Users including Creators. You acknowledge that FanClub will not be liable for any loss or damages caused by your reliance on any information or content contained in Posts.

• 8. Information Not Advice; No Client-Professional Relationship

  Answers of Creators on the Site or app are provided by Creators and are to be used by Customers for general information purposes only, not as a substitute for in-person evaluation or specific professional (medical, legal, veterinary, tax, financial, etc.) advice.For example, Creators in the Legal category will provide only general information about the law, and will not provide legal advice nor propose a specific course of action for a Customer. By answering questions, Creators do not intend to form, and do not form attorney-client or doctor-patient relationships with Users of the Site. The laws, regulations, other governing authorities, standards, practices and procedures that apply to your particular question may differ depending on your location and information typically discovered through in-person evaluations or visits. Creators in some categories may be licensed, certified, educated, employed by or have experience in only particular jurisdictions.

  No professional-client relationships shall be formed on the Site.Communications on this Site are not confidential and shall not be the subject of any associated privileges. Communications on this Site are limited, as described above, do not involve in-person evaluations or visits, and do not include safeguards and procedures typical of in-person evaluations and visits.

  Before you can interact with a Creator, you will be required to agree to a Disclaimer reminding you of these and other important provisions of the Terms.

C. User Accounts

• 9. User Accounts; Restricted Activities; Suspension or Termination of Service

  • User Accounts.When you register as a User on the Site or in the app, you can establish a user name and limited time authentication number (via text) for access to your online account. You are responsible for maintaining the confidentiality of your user name, and account data, and you may not share this information or your account with anyone else, and you will be solely responsible for all acts or omissions that occur under your account. You will immediately notify FanClub of any unauthorized use of your account. You should only create one account on the Site. If your FanClub account has been suspended or terminated, you may not open another account on the Site.
    
    You agree to keep your contact and billing information (including but not limited to email address) up-to-date, and to comply with all billing procedures, including providing and maintaining accurate and lawful billing information for active FanClub accounts.

  • Bound by Representatives.You are responsible for and bound by the actions of, and transactions entered into by, your actual and appointed representatives whether authorized by you in writing, verbally, or otherwise to represent you at or with FanClub. You are responsible for monitoring your appointed representatives and protecting the privacy of your username, login information and any other account or financial information provided to FanClub or its vendors and agree to inform us immediately, in writing, of any unauthorized use of same. If you are checking in or logging in as a representative for anyone other than yourself, you agree that you are a duly appointed and authorized representative for that person or entity and have authority to bind that person or entity to any actions or transactions you conduct.

  • Restricted Activities.You agree that any content you provide on the Site and your use of our Site or any Additional Services (whether such Additional Services are Informational or Beyond-Information Only, as defined below) initiated through the Site shall not: (a) be fraudulent, inaccurate or misleading; (b) infringe any third party’s proprietary rights or rights of publicity or privacy (FanClub can remove unauthorized use of copyrighted material); (c) be illegal or violate any federal, state or local law, statute, ordinance, regulation or ethical code; (d) be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (e) be obscene or contain child pornography or, if otherwise adult in nature or harmful to minors, but without containing child pornography; (f) contain any viruses, Trojan horses, or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (g) create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers; or (h) link directly or indirectly to or include descriptions of goods or services that are prohibited under the Terms or that you do not have a right to link to or include. If you post material that is adult in nature, such material shall be posted with “Mature Audiences Only” in the listing title and appropriate notices to prevent unauthorized underage viewing and shall be distributed only to people legally permitted to receive such content. You may not consummate any transaction that was initiated using our Service that, by paying to us a fee, could cause us to violate any applicable law, statute, ordinance or regulation. Furthermore, you may not resell or make any commercial use of our system or the content on the Site without FanClub’s prior written consent. We do not knowingly collect personal information from children under 13 years of age, and if we become aware that a child under the age of 13 has submitted personal information to us, we will promptly remove it from our systems.

  • Suspension or Termination of Service. Customers may terminate your service and account at your sole discretion and at any time by written notice via email to support@gofanclub.com . Terminations typically will be effective within thirty business days after our receipt of your termination notice, at which time your account will be closed and you will no longer enjoy access to your former account. Any fees accrued as of the effective date of termination will be payable according to the Terms. The procedure for Creators to terminate their accounts is set forth in the Creator Agreement.

    At any time, with or without notice, for any or no reason, FanClub reserves the right to modify or discontinue any portion or all of the Site or Services, and to restrict, suspend and terminate Customers’ and/or Creator accounts.

  • Terms and Conditions Specific to Mobile Applications.Once you have registered as a User on the Site, you may elect to download and use different versions of the FanClub mobile application (the “App”). Download and use of the App is required . By downloading and using one or more versions of the FanClub App, you agree that in addition to this Agreement governing your use of the App and the FanClub, the following terms and conditions specifically applicable to your use of the App (the “Mobile Terms”) also apply to you:

    • (a) You acknowledge that the Mobile Terms and the Agreement are between you and FanClub, and not any other third-party beneficiary (as defined below in (b)), and you understand that FanClub is solely responsible for the App;
    • (b) Additionally, Apple, Google, Inc., or Microsoft Corporation will be a third-party beneficiary to this contract if you access the FanClub platform using Applications developed for Apple iOS, Android, or Microsoft Windows mobile devices, respectively;
    • (c) Your access and use of the FanClub App using these devices are subject to the terms set forth in the applicable third-party beneficiary’s terms of service;
    • (d) The third-party beneficiaries listed above are not parties to this Agreement and are not responsible for the provision or support of the FanClub platform in any way;
    • (e) If you are accessing the FanClub App through an Apple device, you acknowledge that Apple and its subsidiaries (collectively, “Apple”) are third-party beneficiaries of the Agreement, and upon your download of and use of the App indicating your assent and agreement to the Mobile Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce the Mobile Terms against you as a third-party beneficiary thereof.

• 10. Charges, Rating the Creator, Refund and Cancellation Policy

  FanClub’s platform allows Customers to post questions to Creators in subject-matter categories, facilitates communication with Creators via chat, emails, calls, video calls, and online message boards, and enables delivery of answers to your questions, among other services (“Site Access Benefits”). Customers on the Site or may be presented with one of three payment models: (1) pay-per-call model; (2) membership model; and (3) additional services model (which is explained in Section E below).

  Pay-Per-Call. With the pay-per-call model, you select the Creator that you are willing to pay for to ask questions, and/or talk to. Once you have selected Creator and submitted your payment information, your call will start or be booked for a later date and/or time. Customers are charged in one of three ways depending on the payment source, as described on the payment page: (i) when the call starts; (ii) when the call is scheduled; or (iii) when the call is extended.

  Membership. Memberships allow Customers to receive Site Access Benefits for multiple in-app text messages on the Site for a monthly or other-period recurring fee. Customers who elect to pay for memberships are hereinafter referred to as “Members.” The fee is automatically charged to the Member’s payment source provided on the Site and placed in the Customer Payment Pool (account of all Members’ payments). FanClub will post a notice of an auto-renewal to your account of your membership. Auto-renewal will remain in effect until withdrawn by you or terminated by FanClub. You can stop auto-renewal of your membership by (1) sending a written notice of cancellation via email to support@gofanclub.com or (2) talking to a customer support agent via our online chatbot. You can cancel your membership at any time, no refunds will be provided but you will continue to have access to the Site Access Benefits until the next billing cycle.

  Rating the Creator. Creators typically answer Customers’ calls quickly. If the Creator requests further information before answering your question, you may wish to take advantage of the opportunity to provide more information to the Creator to allow the Creator to help you better.
  
  Once the Creator answers your question and/or talks to you, you will be asked to rate the Creator. If you provide a rating of 1 or 2, FanClub will watch the recorded call to better access your claims, so the Creator may try to help you better on a later call, if requested. By booking a call, you are authorizing FanClub to charge your payment source (for example, the credit card or PayPal account you provided to FanClub). A portion of your payments may be paid to the Creator instead of to FanClub.
  
  FanClub does not guarantee that you will receive a response from a Creator, or that you will be satisfied with your communication with a Creator. For Pay-Per-Call Customers, in the rare instance that no Creator responds at all to your question, you agree that any amount up to $5 that was charged upon posting of your question may be retained by FanClub in consideration for the Site Access Benefits received. See Refunds section below for information on requesting a refund.

  Memberships - Additional Terms. FanClub Memberships are intended and authorized only for personal, non-transferrable, not-for-resale use only. FanClub should not be used for purposes of plagiarism in any context or in cheating in the academic setting. Notwithstanding any other terms, FanClub reserves the right to cancel your FanClub Membership in its entirety at any time and for any reason, with or without prior notice, including, but not limited to, your excessive use (as determined by FanClub in its sole discretion). In the event that FanClub cancels a FanClub Membership, it will refund the current period’s fee, unless the account was terminated for violation of use.
  
  In order to prevent fraudulent use of the Membership program by Customers, Customers who have purchased Memberships are ineligible to participate as Creators on FanClub during the term of their Membership, as are their immediate family members (spouse, parent, child, sibling and spouse or “step” of each) and those living in the same households (persons, whether related or not, who lived in the same residence as the Member for at least three (3) months during the twelve (12)-month period preceding the start of the FanClub Membership).
  
  Some categories are not covered by Memberships – for privacy reasons. Members will be bound by their Membership Details so please be sure to review them carefully.

  Charities. Creators can choose to declare that they will be donating a portion of their proceeds, up to 100%, to a charitable organization of their choice. This donation happens off-platform, after the platform pays the Creator their full proceeds, and FanClub, LLC (“FanClub”) is in no way affiliated with charitable organizations.

  Refunds, Cancellations, Abuse and Special Programs.

  No Refunds except as set forth herein. All membership fees are non-refundable. Memberships that are canceled in the middle of the payment period will not have pro-rated billing, refunds or other credits. To cancel a Membership, you may use one of the following methods: 1) write an email to support@gofanclub.com requesting cancellation of your membership, or 3) log into your FanClub account, under the “My Account” page, click the Membership button on the left and then click on the “Cancel membership” button. You may be offered a chat to request your feedback on your membership experience before redirecting you to a self-help page where you can submit your request to cancel.

  FanClub maintains the right to initiate special incentive pricing, membership, and other programs. These may be limited, at FanClub’s sole discretion, to defined and limited Users or non-Users. Any promotional monies or credits placed into Customer accounts by FanClub for use towards Site Access Benefits on the Site remain the property of FanClub (they never become the property of Customers and never become refundable to the Customer), and unless otherwise stated on the Site or in an email to a Customer, will be usable only for thirty (30) days.

• 11. Receipt of Special Offers and Other Communications

  By accepting these Terms, you agree to receive coupons, special offers, and other communications from FanClub per the terms of the Privacy Policy. You may modify this setting by making the relevant changes to your FanClub profile.

• 12. Release

  Users are responsible for their acts and omissions and content placed on the Site. FanClub will not be liable to Users for any disputes that may arise between or among Users.

• 13. Confidentiality

  You acknowledge that FanClub and its licensors and suppliers own the rights to the FanClub website and the content displayed on the Site. You shall not modify, reverse engineer, decompile, disassemble, or attempt to derive the source code of the FanClub website, any software distributed by or assist any other person or entity in doing so. You acknowledge that all content, including, but not limited to, text, software, music, sound, photographs, video, graphics or other material contained in listings, sponsor advertisements or email-distributed, commercially produced information presented to you by the Service, by FanClub, FanClub Users, or FanClub Advertisers or other content providers, is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. You may not modify, copy, reproduce, republish, upload, post, transmit, or distribute in any way content available through the Service, whether done directly or through intermediaries (including, but not limited to, by means of spiders, robots, crawlers, scrapers, framing, iframes or RSS feeds) including code and software for commercial purposes. For permission to use third-party materials appearing on the Site, please contact the copyright owner. You do not acquire ownership rights to any content, document or other materials viewed through the Site. The posting of information or materials on the Site does not constitute a waiver of any right in such information and materials.

  
  
  Any access to or use of FanClub to design, develop, test, update, operate, modify, maintain, support, market, advertise, distribute or otherwise make available any program, application or service (including, without limitation, any device, technology, product, computer program, mobile device application, website, or mechanical or personal service) that enables or provides access to, use of, operation of or interoperation with FanClub (including, without limitation, to access content, post content, cross-post content, re-post content, respond or reply to content, verify content, transmit content, create accounts, verify accounts, use accounts, circumvent and/or automate technological security measures or restrictions, or flag content) without the prior written authorization of FanClub is prohibited. This prohibition specifically applies, but is not limited to, software, programs, applications and services for use or operation on or by any computer and/or any electronic, wireless and/or mobile device, technology or product that exists now or in the future.
  
  If you access FanClub or copy, display, distribute, perform or create derivative works from content displayed on the Site or other intellectual property in violation of the Terms of Service or for purposes inconsistent with the Terms of Service, your access, copying, display, distribution, performance or derivative work is unauthorized. Circumvention of any technological restriction or security measure on FanClub or any provision of the Terms of Service that restricts content, conduct, accounts or access is expressly prohibited. For purposes of this paragraph, you agree that cached copies of FanClub webpages on your computer or computer server constitute “copies” under the Copyright Act, 17 U.S.C. § 101.
  
  You agree that Posts on the Site, materials, ideas, comments and testimonials you submit on the Site or other venues, including, but not limited to, the FanClub blogs; the FanClub venues on www.facebook.com, www.instagram.com, www.twitter.com, www.linkedin.com, www.youtube.com, www.pinterest.com, plus.google.com, www.flickr.com; the Site administrator; or any employee, officer or agent of FanClub (“User Content”), will not be considered confidential and may be used by FanClub, in its sole discretion, without any obligation to compensate for use of or to return any submitted materials. You also agree that FanClub owns, and has the right to register in its name, trademarks and service marks for any category names that you create on FanClub, so do not use a category name that you want to reserve for your own benefit. FanClub may use other trademarks or service marks in lieu of the category names that you create.
  
  You grant to FanClub a non-exclusive, irrevocable, perpetual, worldwide, royalty-free, sublicensable (through multiple tiers) right to exercise the copyright, publicity, and database rights, including the right to use, reproduce, display, edit, copy, modify, transmit, publicly perform, extract and create derivative works thereof, that you have in your Posts, recorded calls, and User Content, in any media now known or not currently known, with respect to any such Posts and other User Content.

• 14. No Endorsement of Non-FanClub Entity; No Relationship with Users

  FanClub may endeavor to offer to its Users products and services offered by non-FanClub entities. The Site may contain links to third party websites and service providers (collectively, “Third Party Services”) that are not owned or controlled by FanClub. FanClub has no control over and assumes no responsibility for the content, practices, and privacy policies of such Third Party Services. FanClub encourages you to, and you acknowledge that you are solely responsible for, reviewing and complying with any third party terms and conditions and privacy policies. FanClub cannot and will not censor or edit the content of any Third Party Service. Placement of information, logos, links or names of such non-FanClub entities on the Site does not constitute an endorsement or warranty of these entities, their products or services. By using this Site, you agree that FanClub is not responsible for, and you take full responsibility for, a decision to visit or patronize any such Third Party Service or entity, you hold FanClub harmless from any and all liability arising from such actions, and you expressly relieve FanClub from all liability arising from your use of Third Party Services. You further acknowledge that no relationship (such as partnership, agent, joint venturer, or employee) is created between you and FanClub or between any User (including Customers and Creators) and FanClub by formation of this Agreement (or any of the Terms) or by your participation on the Site. IT IS THE RESPONSIBILITY OF THE USER TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ANY OPINION, ANSWER OR OTHER CONTENT AVAILABLE THROUGH THE SITE, FROM THIRD PARTIES OR OBTAINED FROM A LINKED SITE. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC OPINION, ANSWER, PRODUCT, SERVICE, OR OTHER CONTENT.

• 15. Information Control and Storage

  We do not control the information provided by Users, which you may find to be offensive, harmful, inaccurate, or deceptive. Please use caution and common sense when using the Site. There are also risks of dealing with underage persons or people acting under false pretenses. Additionally, there may be risks dealing with international trade and foreign nationals. By using this Site, you agree to accept such risks and that FanClub is not responsible for the acts or omissions of Users on the Site.
  
  The amount of storage space per User is currently limited. You agree that FanClub is not responsible or liable for the deletion or failure to store content and/or other information.

• 16. Exclusion of Warranties

  FANCLUB SERVICES, SOFTWARES, AND RELATED DOCUMENTATION ARE PROVIDED “AS IS” AND WITHOUT ANY WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NO INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THIS SITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THESE TERMS. FANCLUB DOES NOT REPRESENT OR WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. FANCLUB DOES NOT WARRANT OR REPRESENT THAT THE USE OR THE RESULTS OF THE USE OF THE MATERIALS AVAILABLE THROUGH THE SERVICE, FROM THIRD PARTIES OR A LINKED SITE WILL BE CORRECT, ACCURATE, TIMELY, RELIABLE OR OTHERWISE. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION. UNDER NO CIRCUMSTANCES WILL FANCLUB BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A USER’S RELIANCE ON INFORMATION OBTAINED THROUGH THE SITE, FROM THIRD PARTIES (SUCH AS CREATORS OR OTHERS) OR A LINKED SITE, OR USER’S RELIANCE ON ANY PRODUCT OR SERVICE OBTAINED FROM A THIRD PARTY OR A LINKED SITE. USE OF THIS SITE IS AT USER’S SOLE RISK. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM FANCLUB OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY.

• 17. Limitation of Liabilities

  IN NO EVENT SHALL FANCLUB, ITS PARENTS, SUBSIDIARIES, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS, JOINT VENTURERS, CONSULTANTS, SUCCESSORS OR ASSIGNS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOSS OF BUSINESS, PROFITS, DATA, USE, REVENUE OR OTHER ECONOMIC ADVANTAGE), ARISING OUT OF, OR IN CONNECTION WITH, OUR SITE, OUR SERVICES OR THE TERMS BASED ON ANY THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THIS SITE AND THE INFORMATION WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. IN NO EVENT WILL OUR LIABILITY, AND THE LIABILITY OF OUR PARENTS, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE EXCEED THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO FANCLUB IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, OR (B) US$100. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

• 18. Indemnification

  You agree to indemnify and hold FanClub, its parents, subsidiaries, officers, directors, shareholders, employees, agents, joint venturers, consultants, successors and assigns harmless from and against all losses, costs, liabilities and expenses including reasonable attorneys’ fees, asserted by any third-party that are in any way due to, or arising out of, your use of or conduct on the Site.

• 19. Press Releases and Third-Party Press about FanClub

  The Site may contain press releases and other information about FanClub. While this information was believed to be accurate as of the date prepared, we disclaim any duty or obligation to update this information or any press releases. Information about companies other than ours contained in the press release or otherwise, should not be relied upon as being provided or endorsed by FanClub. Likewise, third-party press about FanClub or the Site should not be relied upon as being provided or endorsed by FanClub.

• 20. Choice of Law

  Except as set forth in Section D.21 below, the parties agree that this Agreement and any and all claims, causes of action or disputes (regardless of theory) between you and FanClub arising out of or related to this Agreement, the Site and any services or content accessed therein will be governed by the laws of the State of Idaho, without regard to conflict or choice of law principles.

• 21. Dispute Resolution

  If you are a Creator with a dispute, claim, or controversy of any sort and of any nature (collectively, “dispute”) against FanClub in your capacity as a Creator, then the arbitration agreement in the Creator Agreement applies instead of this one. If your dispute with FanClub is made in your capacity as a User who is not a Creator, then the following dispute resolution provisions apply.
  
  This Section D.21 may be referred to as the parties’ “Dispute Resolution Agreement.” If you have a dispute with FanClub or if FanClub has a dispute with you and such dispute cannot be resolved informally, such dispute will be resolved on an individual basis in accordance with the provisions set forth below:
  
  

  • Notify the other party, in writing, of the facts of the dispute and all damages claimed. Such writing must be sent to the User’s email address on file with FanClub, or FanClub, LLC, 4727 Winchester Ave, Lisle, IL 60532, or support@gofanclub.com , whichever is applicable (“Dispute Notification”);
  • The party receiving the Dispute Notification has thirty (30) days from receipt of the Dispute Notification to respond.
  • The other party then has 15 days to reply to the response.

  (b) Mediation. If the dispute is not resolved informally, either party may make a demand for mediation, with the other party’s consent, by filing a: (i) Request for AAA Online Mediation for Claims under $10,000 with the American Arbitration Association (“AAA”); or (ii) Request for Mediation with the AAA. To file a request for mediation for a claim under $10,000, you must go to the following website: http://services.adr.org/eroom/faces/welcome_and_steps.jspx. If that link does not work, please contact support@gofanclub.com at FanClub for updated information. If you are requesting mediation for a claim that is worth $10,000 or more, you must go to the following website to file such a claim: https://www.adr.org/aaa/faces/services/disputeresolutionservices/. If that link does not work, please contact support@gofanclub.com at FanClub for updated information. If either party requests mediation and both parties consent to mediation, the costs of mediation will be borne equally by the parties.

  
  
  

  (c) ARBITRATION. ANY DISPUTE NOT RESOLVED INFORMALLY OR THROUGH MEDIATION SHALL BE RESOLVED BY FINAL AND BINDING ARBITRATION SO LONG AS SUCH DISPUTES ARISE IN ANY WAY OUT OF THESE TERMS, ANY TRANSACTION WITH FanClub, YOUR USE OF THE SITE AND/OR ANY FANCLUB SERVICE, OR ANY AGREEMENT BETWEEN YOU AND FANCLUB. THE ARBITRATION PROVISION EXTENDS TO DISPUTES UNDER THE TELEPHONE CONSUMER PROTECTION ACT (“TCPA”).
  
  YOU ACKNOWLEDGE THAT, BY AGREEING TO THESE TERMS, THAT THIS DISPUTE RESOLUTION AGREEMENT IS MADE IN THE COURSE OF INTERSTATE COMMERCE; AND THAT THE FEDERAL ARBITRATION ACT, 9 U.S.C. §1 ET. SEQ. (THE “FAA”) AND NOT STATE LAW GOVERNS THE INTERPRETATION AND ENFORCEMENT OF THIS DISPUTE RESOLUTION AGREEMENT, INCLUDING THE ARBITRABILITY OF DISPUTES, WHICH SHALL BE DECIDED BY THE ARBITRATOR. THIS CHOICE OF LAW PROVISION APPLIES ONLY TO THIS DISPUTE RESOLUTION AGREEMENT, AND NOT TO THE REST OF THIS AGREEMENT OR TERMS.
  
  YOU FURTHER ACKNOWLEDGE THAT YOU AND FANCLUB ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY REGARDING ANY DISPUTE. IT IS IMPORTANT THAT YOU UNDERSTAND THAT THE ARBITRATOR’S DECISION WILL BE BINDING AND MAY BE ENTERED AS A JUDGMENT IN ANY COURT OF COMPETENT JURISDICTION.

  Arbitration Procedures: Disputes shall be resolved by binding arbitration in accordance with the arbitration rules of the American Arbitration Association (“AAA”) pursuant to its Consumer Arbitration Rules, as modified by the terms in this Dispute Resolution Agreement. Copies of these rules can be obtained at the AAA’s website (www.adr.org) or by calling the AAA at 1-800-778-7879. Either party can initiate a demand for arbitration. Each party will be responsible for its own costs, including paying any AAA filing, administrative and arbitrator fees in accordance with AAA rules. The award rendered by the arbitrator may include costs of arbitration, reasonable attorneys’ fees and reasonable costs for Creator and other witnesses. In the event of any inconsistency between this Dispute Resolution Agreement and the applicable rules of the AAA, this Dispute Resolution Agreement shall govern.

  Consent to Jurisdiction in California: The parties agree that the arbitration will be conducted in San Francisco, California unless you and FanClub agree otherwise.

  (d) CLASS ACTION WAIVER. YOU AND FANCLUB EXPRESSLY AGREE THAT:

  • ANY ARBITRATION PROCEEDING WILL TAKE PLACE ON AN INDIVIDUAL BASIS;
  • YOU EXPRESSLY WAIVE YOUR ABILITY TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, MASS, COLLECTIVE, PRIVATE ATTORNEY GENERAL OR OTHER REPRESENTATIVE PROCEEDING;
  • THERE SHALL BE NO CLASS CLAIMS, CONSOLIDATION, OR JOINDER ALLOWED IN ANY ARBITRATION BETWEEN THE PARTIES;
  • IF THIS ARBITRATION AGREEMENT IS FOUND INAPPLICABLE TO YOUR DISPUTE WITH FANCLUB, THIS CLASS ACTION WAIVER WILL CONTINUE TO APPLY IN LITIGATION;
  • YOU AGREE THAT THIS CLASS ACTION WAIVER IS AN ESSENTIAL ELEMENT OF OUR CONTRACT AND THESE TERMS AND THAT IT MAY NOT BE SEVERED. THE ARBITRATOR SHALL NOT CONSOLIDATE CLAIMS OF DIFFERENT USERS INTO ONE PROCEEDING, NOR SHALL THE ARBITRATOR HAVE THE POWER TO HEAR ARBITRATION AS A CLASS ACTION, COLLECTIVE ACTION, OR REPRESENTATIVE ACTION. SIMILARLY, ANY CLAIMS COVERED BY THIS DISPUTE RESOLUTION AGREEMENT THAT FANCLUB MAY HAVE AGAINST USER MAY NOT BE BROUGHT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION OR REPRESENTATIVE ACTION PROCEEDING.

  (e) Survivability; Right to Consult. This Dispute Resolution Agreement shall survive expiration or termination of this Agreement for any reason. User acknowledges and agrees that he/she is entering into this Dispute Resolution Agreement voluntarily and without any duress or undue influence by FanClub or anyone else. User further acknowledges and agrees that he/she has carefully read this Dispute Resolution Agreement and that User has asked any questions needed for User to understand the terms, consequences and binding effect of this Dispute Resolution Agreement and fully understand it, including that User is waiving his/her right to a jury trial. Finally, User agrees that he/she has been provided an opportunity to seek the advice of an attorney of User’s choice before agreeing to this Dispute Resolution Agreement.

• 22. Agreement; Assignment; Miscellaneous

  The Terms constitute the complete and exclusive statement of the Agreement between you and us on the subject matter addressed herein. It supersedes any and all prior or contemporaneous agreement, oral or written, and any other communications, representations, warranties and understanding relating to the subject matter of the Terms. For those Users who have become Creators, nothing in this Agreement supersedes the terms of the Creator Agreement, and in the event of a conflict between this Agreement (or later versions of this Agreement) and the Creator Agreement, the terms of the Creator Agreement shall prevail. If there is a conflict between an oral or written representation of any FanClub employee or agent and the Terms (other than modifications to the Terms executed in writing by the CEO or authorized-in-fact representative of FanClub), the Terms will prevail. To the extent the Terms are in conflict or inconsistent with one another, this Agreement and the Privacy Policy will prevail over other Terms of the Site; also, this Agreement, the Privacy Policy, and disclaimers will prevail over FAQs, and other rules and policies on the Site. If any provision(s) of the Terms is held by an arbitrator or court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties and the other provisions shall remain in full force and effect. FanClub’s failure to exercise or enforce any of the Terms shall not constitute a waiver of FanClub’s right to exercise or enforce the Terms as to the same or another instance. Headings in this Agreement are for purposes of reference only and shall not limit or otherwise affect the meaning of the Terms.

  You agree that FanClub may assign the Terms to any other entity of its choosing, with or without notice to you. You may not assign the Terms to any other party for any reason, including, but not limited to, because your interaction with other users of the Site, the pricing offered, and fraud mechanisms in place, are based upon individual usage. FanClub shall not be deemed to have waived any of its rights or remedies unless such waiver is in writing and signed by an officer of FanClub. No delay or omission on the part of FanClub in exercising any rights or remedies shall operate as a waiver of such rights or remedies or any other rights or remedies on future occasions. The section titles in the Terms are solely used for the convenience of the parties and have no legal or contractual significance.

  This Section, along with Sections 6, 10 (with respect to amounts remaining in your account as of termination), 11, 13, 16, 17, 18, 20, and 21 above will survive any termination of this Agreement.

  E. Additional Services

  You may be presented with an offer for services outside of the Site’s standard call platform (“Additional Services”).

  FanClub is only a venue which facilitates communication between Creators and potential Users of Additional Services. It does not provide any of the substance or content of any Additional Service initiated through FanClub’s platform.

  FanClub will in no way be liable for any acts or omissions of Creators in performing Additional Services (or any services) for you.

• 23. Special Provisions Relating to Remote Desktop Users

  If you agree to accept Remote Desktop services (whether such services are Information Only or Beyond Information Only) from an Creator, you understand and agree that by accepting such offer for services, you are agreeing to give the Creator full access to and control over your computer (including permission to download and use software on your computer, gather system data, modify settings, etc.) for computer diagnosis, service and repair. You agree that any third-party software acquired, installed or used during the Remote Desktop session, by you or by the Creator, will be licensed to you, and that any terms of use relating to the third-party software are agreed to by you, that FanClub may record via video the Remote Desktop Session for internal purposes, and that you will not use the Creator’s services to do anything unlawful.

• 24. Special Provisions Relating to Additional Services in the Legal, Medical, Health, Pet, and Large Animal Categories

  Additional Services may be: (1) “Information Only;” or (2) “Beyond Information Only.” “Information Only” Additional Services are those additional services outside the Site’s standard question-and-answer platform and may be conducted off the Site (either by phone, chat, email, remote desktop or any other third-party tool) but remain for general informational services only. Additional Services that are “Beyond Information Only” facilitate Legal, Financial, Medical, Health, Pet, and Large Animal Category Users’ exchange of services that are more than informational and that could potentially evolve into a professional relationship.

  Information Only Premium Services:

  If you decide to accept Information Only Additional Services, you understand that by receiving such Additional Services, you are agreeing to the following terms and conditions:

  • a. Any Information Only Additional Services you receive from a legal, financial, tax, medical, or veterinary professional are for general informational purposes only.
  • b. The legal, financial, tax, medical, or veterinary professional from whom you are receiving Information Only Additional Services is not acting as your attorney, tax advisor, stock broker, financial advisor, doctor, or veterinarian.
  • c. The legal, financial, tax, medical, or veterinary professional from whom you are receiving Information Only Additional Services may not be licensed in the jurisdiction where you are located.
  • d. The Information Only Additional Services are not subject to an attorney-client/ accountant-client/fiduciary-client/broker-client/doctor-patient relationship or attorney-client/accountant-client/doctor-patient privilege. Before applying the Information Only Additional Services to your specific situation, you should consult with a professional licensed to practice in your jurisdiction.
  • e. Any amounts a Customer pays for Information Only Additional Services are divided into two distinct parts: (i) FanClub’s fee for enabling the call, offer, and/or fulfillment of Additional Services and related services (“Additional Site Access Benefits”); and (ii) the Creator’s fee for the specific Additional Service provided to the User. FanClub does not share in any Creator’s fee.
  • f. Once you accept an offer for Information Only Additional Services, your payment method on file, if any, will be automatically charged the Additional Services amount. If you have already asked a question, received a response and have not yet rated the Creator, if you then proceed to accept such Creator’s offer of Additional Services, you will be deemed to have accepted the response as if you had given such Creator a “5” rating (See Section 9, Rating the Creator, above).

  Beyond Information Only Additional Services

  If you decide to accept Beyond Information Only Additional Services, you understand that by receiving such Additional Services, you are agreeing to the following terms and conditions:

  • a. FanClub is not involved in any agreements between you and any Creators from whom you choose to receive Beyond Information Only Additional Services.
  • b. FanClub does not form any attorney-client/financial advisor-client/broker-client/doctor-patient/accountant-client relationship with any User through its call platform or by virtue of any Beyond Information Only Additional Services.
  • c. FanClub will endeavor to find a Creator relevant to your request for Additional Services Beyond Information Only. Nevertheless, FanClub does not guarantee that any Creator who contacts you can fulfill your request for Additional Services Beyond Information Only. Providing a platform where potential Customers can engage the services of Creators who offer Additional Services Beyond Information Only does not imply an endorsement or recommendation for any particular Creator (except as specified in Section 7 above).
  • d. FanClub is not a law firm and it does not provide any legal advice, counsel, or recommendation to Users, nor is FanClub a lawyer referral service.

  Payment for Beyond Information Only Additional Services will be described in the particular offer. FanClub’s payment structures take into consideration fee sharing restrictions under various professional ethics rules.

Creator Agreement

Updated: December 01, 2023

• 1. Acceptance of Terms

  Welcome to FanClub (“Service” or “Site”) owned and operated by FanClub, LLC (“FanClub”).

  By applying to become an Creator on the Site, you are agreeing to comply with and be bound by the terms of this Creator Agreement (the “Agreement”), the privacy policy, Creator community guidelines, and all rules, policies and disclaimers posted on the Site or about which you are notified (collectively “Terms”). Please review all of the Terms carefully before applying to become a Creator on the Site.

  By using the Site, you: (i) agree to be bound by the Terms; (ii) represent that you are over the age of eighteen (18) and able to form legally binding contracts; (iii) agree and acknowledge that by using the Service you are accepting a benefit that cannot be disgorged; (iv) acknowledge that the Service is subject to U.S. export controls and agree that you will comply with U.S. export controls, and (v) represent that you are neither located in a sanctioned country nor a prohibited person.

• 2. Definitions

  The words “User,” “you” and “your” refer to the individual or entity that creates a FanClub account. “FanClub,” “we,” “us” and “our” refer to FanClub. “Customer” refers to the person who books time with other Users on the Site. “Creator” refers to the person who made an Account on the Site and has people book time on their calendar.

• 3. Electronic Communications and Right to Modify Terms

  When you visit FanClub or send us emails, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You agree to provide us with, and maintain in your FanClub account profile, your current and active email address.

  FanClub reserves the right to change, revise or modify the Terms (including, but not limited to, fees) at any time by posting the amended terms on the Site. All amended terms shall automatically be effective upon posting; provided, however, that those changes that FanClub, in its sole discretion, deems material changes to the Terms will be effective upon the earlier of: (1) the agreement of the User; or (2) thirty (30) days after notice to the existing User via an email from an support@gofanclub.com email address to the User’s email address on file with FanClub or via other means including, but not limited to, a banner, message, or other conspicuous notice on the FanClub website. Your continued use of the Service will signify your acceptance of the changes regardless of whether you actually saw or read the notice regarding such change(s). If you do not accept the changes, your sole and exclusive remedy is to discontinue using FanClub.The latest Terms will be posted on the Site, and you should review them prior to using the Site.

• 4. The Website

  The FanClub Site is an online venue for informational and educational purposes, owned and operated by FanClub, that exists solely to broker relationships between Creators and potential Customers of those Creators who are interested in purchasing their Creator services. FanClub is not in the business of providing or selling information or education that is within any Creator’s area of Creatorise. Users of the Site, not FanClub, provide the content in Posts (defined below). The Creators determine, in their sole discretion, which calls to answer and engage. Creators are not employees or agents of FanClub. Rather, they are independent service providers using the Site to sell their Creator knowledge to Customers and, as such, are along with Customers simply Users of the Site.

  FanClub is not involved in the conversations between Creators and Customers. FanClub shall not be liable for any acts or omissions of Creators, content in Posts or calls, the ability of Creators to answer questions, or the ability of Customers to pay for answers. We cannot ensure that a Customer will complete a transaction. Notwithstanding the foregoing, FanClub reserves the right, but is not obligated, to refuse to post or to remove any content on the Site.

  EMERGENCY QUESTIONS AND CRISIS SITUATIONS (particularly regarding medical or mental health issues) should not be directed to the Site and should, instead be directed immediately by telephone or in-person to qualified professionals (e.g., in the U.S., call 911). The Site is not the appropriate venue to deal with such situations.

• 5. Posts Are Not Private or Confidential; Anonymity

  The Site is an Internet-based forum.Information and materials submitted in the content of questions, answers, calls, requests for information, responses, profiles, signatures, qualifications, comments, and posts in the Creator Forum and other places where Users communicate on the Site (collectively “Posts”) is not private or confidential, nor is it protected by attorney-client, doctor-patient, or any other privilege, and it may be read, collected, and used by others.. For example, search engines may index questions, answers, and other Posts to allow them to appear in search engine results (e.g., if someone does a search on google.com or another search engine, questions, answers, and other Posts on FanClub.app that relate to the search may appear in the search results list).

• 6. Creator Representations and Covenants

  By agreeing to this Creator Agreement and completing the online registration process, you are representing and agreeing that:

  • (a) All information you provide in your registration with FanClub relates to yourself only and is accurate, complete, and not misleading.

  • (b) You accurately describe your background, skills, knowledge, and your level of experience (including professional licenses, certifications, education, employment, etc.).

  • (c) You will not misrepresent yourself, such as, but not limited to, using or creating a misleading username.

  • (d) (1) You will maintain and update the information described in subsections (a) – (d) above within twenty-four (24) hours of any changes so that it remains true, accurate, and complete. In addition, if any change to such information alters the status of any of your credentials that have been verified for purposes of being a Creator on the Site (e.g., active license becomes inactive or suspended, disciplinary investigation is opened, etc.), you will notify FanClub of such change by sending an email to support@gofanclub.com within twenty-four (24) hours of the change. In addition, if such change makes you ineligible to be a Creator on the Site, then you must immediately cease answering questions on the Site.

    
    (2) FanClub reserves the right, and Creator agrees to comply, to periodically audit the credentials of any Creator on the platform.

  • (e) You will not answer questions in any of the other categories or subcategories if you do not meet the requirements of those categories or subcategories. As an example, you will not answer questions in any of the Legal, Medical or Veterinary categories or subcategories unless you are a licensed attorney, MD/DO or veterinarian (or the local equivalent), respectively, with an active license in good standing. If you are unclear about the requirements for Creators in particular categories or subcategories, please email support@gofanclub.com .
  • (f) You will provide competent answers that are within your realm of Creatorise and any applicable credentials only, and will use at least a reasonable standard of care in providing answers. A reasonable standard of care is the higher of: (i) the standard you apply in your profession not conducted on the Site; or (ii) the standard of care required by the applicable profession.
  • (g) Creators in the Medical, Health, Veterinary, Pet, or Large Animal categories shall provide general information only, not medical or veterinary advice. They shall not diagnose, treat, or recommend treatment or a course of action that should only be performed or recommended after an in-person examination or meeting, and they shall not act in a manner or engage in a form of communication that would establish a professional-client relationship on the Site; however, they may do so outside of the Site.
  • (h) Creators in the Legal categories must be attorneys licensed to practice law, and be in good standing, in at least one jurisdiction in the United States or foreign country. Such Creators shall provide general information only, such as providing descriptions of general principles of law, and shall not provide legal advice. In responding to questions, Creators in the Legal Category shall not apply their legal knowledge or skills to resolve or advise on the Customer’s specific factual circumstances described in the question, such as by proposing a specific course of action (other than advising the User to seek the advice of an attorney licensed to practice in the relevant jurisdiction). Creators in the Legal Category shall not form an attorney-client relationship on the Site; however, they may do so outside of the Site.
  • (i) You will not do anything to manipulate, undermine, or disrupt the integrity of any Customer, Creator, or other feedback ratings, reports, or systems on the Site, including, but not limited to, by filing false reports about other Creators. You will not harass or threaten any other User of the Site.
  • (j) You will not disclose (which a Customer will be prompted to rate) any information that is classified more aptly as an “Information Request.”
  • (k) You will abide by all the laws, rules, regulations, and ethical standards pertaining to your profession and/or the profession applicable to categories in which you are a Creator(including, if applicable, any ethical obligations relating to conflicts of interest).
  • (l) You agree that any content you provide on the Site and your use of the Site or any additional services (whether such additional services are Informational or Beyond-Information Only, as defined below) initiated through the Site shall not: (a) be fraudulent, inaccurate or misleading; (b) infringe any third party’s proprietary rights or rights of publicity or privacy (c) be illegal or violate any federal, state, or local law, statute, ordinance, regulation, or ethical code; (d) be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (e) be obscene or contain child pornography; (f) contain any viruses, Trojan horses, or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (g) create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers; or (h) link directly or indirectly to, or include descriptions of, goods or services that are prohibited under the Terms or that you do not have a right to link to or include. If you post material that is adult in nature, such material shall be posted with “Mature Audiences Only” in the listing title and appropriate notices to prevent unauthorized underage viewing and shall be distributed only to people legally permitted to receive such content. You may not consummate any transaction that was initiated using our Service that, by paying to us a fee, could cause us to violate any applicable law, statute, ordinance, or regulation. Furthermore, you may not resell or make any commercial use of our system or the content on the Site without FanClub prior written consent. We do not knowingly collect personal information from children under thirteen (13) years of age, and if we become aware that a child under the age of thirteen (13) has submitted personal information to us, we will promptly remove it from our systems.

• 7. Duration and Termination of Agreement

  • (a) This Agreement shall be for an initial duration of thirty days after FanClub approves the Creator’s request to use the Site as an Creator, and will automatically renew for thirty-day intervals on the thirtieth day of the initial duration and of each successive term thereafter (each a "Duration"), unless and until one party gives the other at least ten days' written notice before the end of the then-current Duration of its intention not to renew this Agreement. You may terminate your service and account by written notice via email to support@gofanclub.com . Terminations typically will be effective within seven (7) business days after our receipt of your termination notice, at which time your account will be closed, and you will no longer be able to access your former account. Any payments accrued as of the effective date of termination will be payable according to the Terms.

  • (b) FanClub can terminate this Agreement in the event of a breach of this Agreement by the Creator, provided that FanClub gives the Creator notice of the breach of the Agreement (with notice of temporarily suspended access to the Site), with a reasonable opportunity to cure the breach within twenty days, in situations involving, for example, failure to qualify to provide services as an Creator in the approved subject matter, or FanClub’s good faith belief that the Creator poses a risk to the safety or health of others; or the Creator’s engagement in fraud, gaming, or other improper use of the Site or the Services with or through a Customer that has a Membership, which allow Customers who are “Members” to receive the benefits of the Site for multiple questions on the Site for a monthly or other-period recurring fee.

  • (c) Either party may terminate the Creator Agreement immediately and without notice upon a material breach.

• 8. Informational and Educational Purposes Only

  The FanClub Site is a venue for informational and educational purposes only. The formation of a professional-client relationship on the Site is prohibited; however, the formation of a professional-client relationship outside the Site is not prohibited, as long as the User requested those services. Promoting non-free services, provided by the Creator, outside of the FanClub site is prohibited, except in the case the User requests this information.

• 9. Content and License

  Any information or communications provided in questions, answers, calls, video calls, messages, requests for information, responses, profiles, Creator signatures, qualifications, comments, and posts in the Creator Forum and other places where Users communicate with one another on the Site (“Posts”) will not be considered confidential and may be used by FanClub for any purpose. This may include, but is not limited to, using your signature and/or profile information in emails sent to Customers alerting them to your postings. You understand and agree that FanClub may send Customers emails pertaining to their questions and your answers that are signed by your username (but sent on your behalf from a FanClub email address). For example, FanClub may let the Customer know that you have sent the Customer an email, have responded to their question, and/or have not been paid for an answer (and the Customer should therefore remit payment). As between you and FanClub, FanClub will maintain whatever ownership interest you have in and to the Posts you provide on the Site. FanClub reserves the right to remove any or all of your Posts, in whole or in part, at any time with or without notice.

  You grant to FanClub a non-exclusive, irrevocable, perpetual, worldwide, royalty-free, sublicensable (through multiple tiers) right to exercise the copyright, publicity, and database rights, including the right to use, reproduce, display, edit, copy, modify, transmit, publicly perform or create derivative works thereof, that you have in your Posts, in any media now known or not currently known, with respect to any such Posts.

  To allow FanClub to assist you in protecting your copyrights in your Answers, at its sole discretion, you grant FanClub the right to act on your behalf solely in submitting DMCA takedown notices to other websites to remove copies of your Answers on FanClub.app from other websites. You agree to notify FanClub at dmca@gofanclub.com within twenty-four (24) hours of posting any portion of your Answers on another website or granting permission to another person or entity to do so, so that FanClub does not submit a DMCA takedown notice for such content. If you do not wish FanClub to assist you in protecting your copyrights in this manner, please send an email to that effect to dmca@gofanclub.com. You agree that FanClub has no obligation to make any searches or submit any DMCA takedown notices on your behalf.

• 10. Fees

  Customers on FanClub may be presented with one or two payment models: (1) pay-per-call (“PPC”) model; and (2) membership model. Question values are based on the Customer payment amount and other factors including but not limited to, Customer-related needs and estimated costs to FanClub, which factors are determined and may be changed from time-to-time by FanClub in its sole discretion, as well as the factors explained below. Creator may receive fees as follows: (a) when a Customer rates an answer 2 (out of 5) or higher, the question value is placed into the Creator account. Payments to Creators from Customers do not accrue interest; or (b) in select categories of questions, tiered pricing shall determine what an Creator receives in fees for each question. An Creator qualifies for a pricing tier based on the following: (a) Each answer an Creator provides to a customer will be rated based on either a Customer rating or a rating from an independent third party (the “Answer rating”). Each Creator receives an aggregate rating (the “Creator Rating”) based on the percentage of questions the Creator answered and the average Answer Rating and access to different pricing tiers is based on such Creator Rating.

  You acknowledge that FanClub has no control over, and makes no representation or warranty of any kind, as to the ability or willingness of other Users to pay for the answers provided by Creators. In addition, you acknowledge that you are never required by FanClub to answer any questions on the Site.

  Once you have more than Twenty U.S. Dollars (US$20) of payments from Customers in your account (you cannot place funds into your account to reach $20; it must be accumulated through Customer payments), you may request payment via the link in your app. FanClub transfers properly requested Customer payments to Creators via PayPal or Stripe, within 7 days (or, in its discretion, FanClub may choose to forward Customer payments even without a Creator’s request for payment). You agree that FanClub has the right to produce discounts, coupons, and/or credits that Users can apply towards reducing the price of a service, affecting the fee that FanClub collects from the Creator. You agree that FanClub has the right to resolve Customer complaints as it deems necessary or advisable, including, in FanClub’s sole discretion, issuing refunds to Customers to settle disputes. If FanClub decides to issue a refund to a Customer, FanClub may seek reimbursement from the Creator for such refund, or FanClub may offset any refunds against any future Customer payments to be forwarded to the Creator. FanClub also reserves the right to resolve accounting discrepancies with Customers in its sole discretion.

  If FanClub believes, in its sole discretion, that any Customer funds were paid to an Creator under suspicious circumstances or that funds were derived from a suspicious Customer account, FanClub will investigate the situation until it has reached an adequate resolution, as determined by FanClub in its sole discretion. The investigation or resolution may require the involvement of certain third parties, such as an applicable credit card company. Such an investigation may require FanClub to put a hold on a Creator’s account. FanClub will make commercially reasonable efforts not to exceed a 90 day hold on an Creator’s account during such an investigation.

  FanClub disclaims any warranty that its billing and payment system is without error. If a Creator believes there is a problem with FanClub’s billing or payment system, the Creator should notify FanClub by email to support@gofanclub.com within thirty (30) days of such problem. Upon receipt of the notification of such a problem, FanClub will, in good faith, work to remedy any alleged payment errors.

• 11. Question Value

  You are prohibited from negotiating payment with a User, regarding answers you post to the Site, unless expressly allowed by FanClub.

• 12. Creator Accounts and Relationship to FanClub

  You may not share your account with, nor use the account of, anyone else. You will be solely and fully liable and responsible for all activities and answers provided under your username and account. In addition, if any FanClub account of yours has been suspended or terminated, you may not open another account on the Site.

  No relationship (such as partnership, agent, joint venturer, or employee) between you and FanClub is created by this Agreement or your participation on the Site. You acknowledge that you are not an employee or agent of FanClub but are, like Customers, only Users of the Site. You shall act in accordance with this status and shall not hold yourself out as an officer, employee or agent of FanClub, nor make any claim based on any right or privilege applicable to FanClub’s employees. Under no circumstances shall you look to FanClub as your employer, or as a partner, agent, or principal. Nothing regarding your participation on the Site will be considered as an endorsement, referral or recommendation by FanClub of you or the answers you provide and you will not, either on the Site or in any other forum or by any other means, suggest such an endorsement.

  It is the express intention of FanClub and the Creator that the Creator be an independent contractor. Nothing in this Agreement shall in any way be construed to constitute the Creator as an agent, employee, or representative of FanClub. Without limiting the generality of the foregoing, the Creator is not authorized to bind FanClub to any liability or obligation or to represent that the Creator has any such authority. Creator agrees to furnish all tools and materials necessary to answer questions on the Site and shall incur all expenses associated with such performance. Creator further agrees that any use of site tools, FanClub’s mobile application or any other tools (“Tools”) offered by FanClub is optional and such Tools are purely offered for Creator’s convenience and usage of such Tools are not mandatory. Creator acknowledges and agrees that Creator is obligated to report as income all compensation received by FanClub pursuant to this Agreement. Creator agrees to and acknowledges the obligation to pay all self-employment and other taxes on such income. Creator will receive no FanClub-sponsored benefits such as, but not limited to, paid vacation, sick leave, medical insurance, and 401k participation. If Creator is reclassified by a state or federal agency, court, or arbitrator as FanClub’s employee, Creator will become a reclassified employee and will receive no benefits from FanClub, except those mandated by state or federal law, even if by the terms of FanClub’s benefit plans or programs of the Company in effect at the time of such reclassification, Creator would otherwise be eligible for such benefits.

• 13. Limited Exclusivity and Other Agreements

  By agreeing to this Creator Agreement and completing the online registration process, you are agreeing that:

  • (a) You will not post – or authorize anyone else to post – any portion of your calls or answers on FanClub or any other fee-based question-and-answer website, unless that question-and-answer component is via the FanClub referral program or it is a website on which you are the only person answering questions. This does not prohibit you from providing the same substantive answer to a question, but only from providing it using the same words as used on the Site.

  • (b) The provisions of this Agreement are not intended to prevent you from practicing your profession, but only from engaging in the limited activity described therein.

  • (c) You will not make any statement that disparages FanClub, its services, products, directors, officers, employees, shareholders or agents, except as required by law or in communications exclusively to FanClub.

  • (d) You will not provide information on any other websites about FanClub, unless you expressly state that your statements are not made on behalf of and have not been approved by FanClub.

  • (e) You will not use any automated programs to automatically lock questions that are posted on the FanClub website or responded to messages sent to you.

• 14. Confidentiality

  You acknowledge that FanClub and its licensors and suppliers own the rights to the FanClub website and the content displayed on the Site other than Posts. You shall not modify, reverse engineer, decompile, disassemble, or attempt to derive the source code of the FanClub website, any software distributed by or assist any other person or entity in doing so. You acknowledge that all content, including, but not limited to, text, software, music, sound, photographs, video, graphics or other material contained in listings, sponsor advertisements or email-distributed, commercially produced information presented to you by the Service, by FanClub, Users, or FanClub advertisers or other content providers, is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. You may not modify, copy, reproduce, republish, upload, post, transmit, or distribute in any way content available through the Service, whether done directly or through intermediaries (including, but not limited to, by means of spiders, robots, crawlers, scrapers, framing, iframes or RSS feeds), including, but not limited to, code and software for commercial purposes. For permission to use third-party materials appearing on the Site, please contact the copyright owner. You do not acquire ownership rights to any content, document or other materials viewed through the Site. The posting of information or materials on the Site does not constitute a waiver of any right in such information and materials.

  Any access to or use of FanClub to design, develop, test, update, operate, modify, maintain, support, market, advertise, distribute or otherwise make available any program, application or service (including, without limitation, any device, technology, product, computer program, mobile device application, website, or mechanical or personal service) that enables or provides access to, use of, operation of or interoperation with FanClub (including, without limitation, to access content, post content, cross-post content, re-post content, respond or reply to content, verify content, transmit content, create accounts, verify accounts, use accounts, circumvent and/or automate technological security measures or restrictions, or flag content) without the prior written authorization of FanClub is prohibited. This prohibition specifically applies to, but is not limited to, software, programs, applications, and services for use or operation on or by any computer and/or any electronic, wireless and/or mobile device, technology, or product that exists now or in the future.

  If you access FanClub or copy, display, distribute, perform, or create derivative works from content displayed on the Site or other intellectual property in violation of this Agreement, your access, copying, display, distribution, performance, or derivative work is unauthorized. Circumvention of any technological restriction or security measure on FanClub or any provision of this Agreement that restricts content, conduct, accounts or access is expressly prohibited. For purposes of this paragraph, you agree that cached copies of FanClub webpages on your computer or computer server constitute “copies” under the Copyright Act, 17 U.S.C. § 101.

  You agree that Posts on the Site, materials, ideas, comments, and testimonials that you submit on the Site or other venues, including, but not limited to, the FanClub blogs and the FanClub venues on www.facebook.com, www.instagram.com, www.twitter.com, www.linkedin.com, www.youtube.com, www.pinterest.com, plus.google.com, www.flickr.com, or to the Site administrator or any employee, officer or agent of FanClub (“User Content”), will not be considered confidential and may be used by FanClub, in its sole discretion, without any obligation to compensate you for the use of or to return any submitted materials. You also agree that FanClub owns, and has the right to register in its name, trademarks and service marks for any category names that you create on FanClub, so do not use a category name that you want to reserve for your own benefit. FanClub may use other trademarks or service marks in lieu of the category names that you create.

  You grant to FanClub a non-exclusive, irrevocable, perpetual, worldwide, royalty-free, sublicensable (through multiple tiers) right to exercise the copyright, publicity, and database rights, including the right to use, reproduce, display, edit, copy, modify, transmit, publicly perform, extract and create derivative works thereof, that you have in your Posts, recorded calls, and User Content, in any media now known or not currently known, with respect to any such Posts and other User Content.

  Notwithstanding the above, please note that Creators are granted access to the Site beyond the access granted to other Users and, as such, have access to information not known by non-Creator Users of the Site (“Confidential Information”). Creators shall maintain all Confidential Information in confidence; shall use such Confidential Information in confidence; shall use such Confidential Information only in connection with their legitimate activities on the Site; shall not use Confidential Information for the purpose of developing, operating, or participating in any competing service; and shall not disclose Confidential Information to non-Creators unless required by law.

• 15. No Endorsement of Non-FanClub Entity; No Relationship with Users

  FanClub may endeavor to offer to its Users products and services offered by non-FanClub entities. The Site may contain links to third party websites and service providers (collectively, “Third Party Services”) that are not owned or controlled by FanClub. FanClub has no control over and assumes no responsibility for the content, practices, and privacy policies of such Third Party Services. FanClub encourages you to, and you acknowledge that you are solely responsible for, reviewing and complying with any third party terms and conditions and privacy policies. FanClub cannot and will not censor or edit the content of any Third Party Service. Placement of information, logos, links, or names of such non-FanClub entities on the Site does not constitute an endorsement or warranty of these entities, their products or services. By using this Site, you agree that FanClub is not responsible for, and you take full responsibility for, a decision to visit or patronize any such Third Party Service or entity, you hold FanClub harmless from any and all liability arising from such actions, and you expressly relieve FanClub from all liability arising from your use of Third Party Services. IT IS THE RESPONSIBILITY OF THE USER TO EVALUATE THE ACCURACY, COMPLETENESS, AND USEFULNESS OF ANY OPINION, ANSWER OR OTHER CONTENT AVAILABLE THROUGH THE SITE FROM THIRD PARTIES OR OBTAINED FROM A LINKED SITE. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC OPINION, ANSWER, PRODUCT, SERVICE, OR OTHER CONTENT.

• 16. Information Control and Storage

  We do not control the information provided by Users, which you may find to be offensive, harmful, inaccurate, or deceptive. Please use caution and common sense when using the Site. There are also risks of dealing with underage persons or people acting under false pretenses. Additionally, there may be risks dealing with international trade and foreign nationals. By using this Site, you agree to accept such risks and that FanClub is not responsible for the acts or omissions of Users on the Site.

  The amount of storage space per User is currently limited. You agree that FanClub is not responsible or liable for the deletion or failure to store content and/or other information.

• 17. Exclusion of Warranties

  FANCLUB SERVICES, SOFTWARES, AND RELATED DOCUMENTATION ARE PROVIDED “AS IS” AND WITHOUT ANY WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NO INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THIS SITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THESE TERMS. FANCLUB DOES NOT REPRESENT OR WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. FANCLUB DOES NOT WARRANT OR REPRESENT THAT THE USE OR THE RESULTS OF THE USE OF THE MATERIALS AVAILABLE THROUGH THE SERVICE, FROM THIRD PARTIES OR A LINKED SITE WILL BE CORRECT, ACCURATE, TIMELY, RELIABLE OR OTHERWISE. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.

  UNDER NO CIRCUMSTANCES WILL FANCLUB BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A USER’S RELIANCE ON INFORMATION OBTAINED THROUGH THE SITE, FROM THIRD PARTIES (SUCH AS CreatorS OR OTHERS) OR A LINKED SITE, OR USER’S RELIANCE ON ANY PRODUCT OR SERVICE OBTAINED FROM A THIRD PARTY OR A LINKED SITE. USE OF THIS SITE IS AT USERS’ SOLE RISK.

  NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM FANCLUB OR THROUGH OR FROM THE FANCLUB SERVICES SHALL CREATE ANY WARRANTY.

• 18. Right to Discontinue

  At any time, with or without notice, for any or no reason, and in its sole discretion, FanClub reserves the right to modify or discontinue any portion or all of the Site or the Services. Creator has no rights in and to the Site and Services.

  You are never required to answer any questions posted on the website or asked on a call.

• 19. Press Releases and Third-Party Press about FanClub

  The Site may contain press releases and other information about FanClub. While this information was believed to be accurate as of the date prepared, we disclaim any duty or obligation to update this information or any press releases. Information about companies other than ours contained in the press release or otherwise, should not be relied upon as being provided or endorsed by FanClub. Likewise, third-party press about FanClub or the Site should not be relied upon as being provided or endorsed by FanClub.

• 20. Indemnification

  You agree to indemnify and hold FanClub, any and all parent, subsidiary and affiliate organizations, officers, directors, agents, shareholders, consultants, employees, successors, and assigns harmless from and against all losses, costs, liabilities and expenses, including reasonable attorneys’ fees, asserted by any third party that are in any way due to, or arising out of, your use of or conduct on the Site, including, without limitation, that results from any answer provided or relied upon on the Site.

• 21. Dispute Resolution: Mediation and Arbitration

  This Section 21 may be referred to as the parties’ “Dispute Resolution Agreement.”If you have a dispute with FanClub or if FanClub has a dispute with you and such dispute cannot be resolved informally, such dispute will be resolved on an individual basis in accordance with the provisions set forth below:

  • (a) Informal Resolution. Prior to initiating mediation or arbitration, the party with a grievance must:
    • (1) Notify the other party, in writing, of the facts of the dispute and all damages claimed. Such a writing must be sent to:

      • (a) the Creator’s email address on file with FanClub, or

      • (b) FanClub, LLC 4727 Winchester Ave, IL 60532, or

      • support@gofanclub.com , whichever is applicable (“Dispute Notification”).

    • (2) The party receiving the Dispute Notification has thirty (30) days from receipt of the Dispute Notification to respond.

    • (3) The other party then has 15 days to reply to the response.

  • (b) Mediation. If the dispute is not resolved informally, either party may make a demand for mediation, with the other party’s consent, by filing either a (i) Request for AAA Online Mediation for Claims under $10,000 with the American Arbitration Association (“AAA”); or (ii) Request for Mediation with the AAA. To file a request for mediation for a claim under $10,000, you must go to the following website: http://services.adr.org/eroom/faces/welcome_and_steps.jspx http://www.aaamediation.com/. If that link does not work, please contact support@gofanclub.com at FanClub for updated information. If you are requesting mediation for a claim that is worth $10,000 or more, you must go to the following website to file such a claim: https://www.adr.org/aaa/faces/services/disputeresolutionservicesIf that link does not work, please contact support@gofanclub.com at FanClub for updated information. If either party requests mediation and both parties consent to mediation, the costs of mediation will be borne equally by the parties.

  • (c) Arbitration.

    • (i) Mutual agreement to arbitrate. If mediation does not occur or if mediation does not resolve the dispute, then both parties agree that all disputes between them, including without limitation, those disputes arising out of or related to this Agreement, the Services provided under this Agreement, the termination of this Agreement, the use of the Site, and the “Terms” as defined in the Agreement, shall be determined exclusively by final and binding arbitration before a single, neutral arbitrator as described herein.

    • (ii) Covered claims. Claims subject to arbitration under this Dispute Resolution Agreement include, but are not limited to, the following types of claims between and among Creator on the one hand, and FanClub, its subsidiaries, affiliates, shareholders, officers, directors, employees, benefit plans, or agents, any alleged joint employers, and any of FanClub’s Users (including Customers and Creators), on the other hand: breach of contract; discrimination, harassment, or retaliation; wrongful discharge; negligence or other tort claims including defamation, libel, slander, fraud, invasion of privacy, and infliction of emotional distress; claims for wages, overtime, benefits, or other compensation; and all other statutory, regulatory, contractual, or tort claims or claims of violation of any international, federal/national, state/provincial, or local statute, ordinance, governmental enactment, common law duty, provision, or doctrine. Except as provided below, the parties voluntarily waive all rights to trial in court before a judge or jury on claims between them. Judgment upon the arbitrator's award may be entered in any court of competent jurisdiction. The only disputes and actions excluded from this Dispute Resolution Agreement are: (a) actions to enforce this Dispute Resolution Agreement, compel arbitration, or claims by either party seeking temporary injunctive relief prior to the appointment of the arbitrator; and (b) claims for which this Dispute Resolution Agreement would be invalid as a matter of law. Individual knowingly and voluntarily waives the right to file or seek relief in a court seeking recovery of money damages.

    • (iii) Arbitration rules and selection of arbitrator. Unless the parties agree otherwise in writing, the AAA shall administer the resolution of covered disputes pursuant to the Commercial Arbitration Rules and the supplementary procedures for Consumer Related Disputes (collectively, "AAA rules"). Copies of these rules can be obtained at the AAA’s website (www.adr.org) or by calling the AAA at 1-800-778-7879. Federal Rule of Civil Procedure 68 (“Offer of Judgment”) shall apply, as well. In the event of any inconsistency between this Dispute Resolution Agreement and the applicable rules of the AAA, this Dispute Resolution Agreement shall govern. The parties shall have 30 days from receipt of a notice of arbitration to select a mutually agreeable arbitrator. If the parties are unable to jointly select the arbitrator, the arbitrator shall be selected as provided in the AAA’s rules.

    • (iv) Commencement of arbitration and location of hearing. A party wishing to initiate arbitration must notify the other party in writing by hand delivery or certified mail. The notice must identify the party requesting the arbitration, and it must describe the facts upon which the claim is based, the date and location of any occurrences giving rise to the claim, and the remedy requested. Notice must be sent to the Creator’s email address on file with FanClub, or FanClub, LLC, 4727 Winchester Ave, Lisle, IL 60532 or support@gofanclub.com . The arbitration hearing shall be held in Chicago, Illinois.

    • (v) The payment of filing and arbitration fees will be governed by the relevant AAA rules subject to the following modifications:

      • 1. If the Creator initiates arbitration under this Dispute Resolution Agreement and is otherwise required to pay a filing fee under the relevant AAA rules, FanClub agrees that, unless the claim is for $5,000 or more, the Creator’s share of the filing fee is limited to $50, and after the Creator submits proof of payment of the filing fee to FanClub, FanClub will promptly reimburse the Creator for all but $50 of the filing fee. If, however, the arbitrator finds that either the substance of the Creator’s claim or the relief sought in the claim 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 such fees will be governed by the AAA rules.

      • 2. If FanClub initiates arbitration under this Dispute Resolution Agreement, FanClub will pay all costs unique to arbitration (as compared to the costs of adjudicating the same claims before a court or agency), including the regular and customary administrative fees and expenses charged by AAA. Any dispute as to whether a cost is unique to arbitration shall be resolved by the arbitrator.

      • 3. Except as provided for in Federal Rule of Civil Procedure 68, each party shall pay its own attorneys’ fees and any costs that are not unique to the arbitration (i.e., costs that each party would incur if the claim(s) were litigated in a court or agency such as costs to subpoena witnesses and/or documents; take depositions and purchase deposition transcripts; copy documents; etc.).

    • (vi) Authority of the arbitrator. The arbitrator shall have the same authority to order remedies to individual claimants as would a court of competent jurisdiction. The arbitrator shall also have the same authority to decide dispositive motions as would a court, though he or she may establish appropriate and less formal procedures for such motions consistent with the expedited nature of arbitration proceedings. The arbitrator shall have the authority to issue subpoenas to compel the attendance of witnesses at the arbitration hearing and to compel the production of documents during discovery. Except as provided below, the arbitrator shall have the authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this Dispute Resolution Agreement, including without limitation any claim that the Dispute Resolution Agreement is void or voidable. The arbitrator shall not have the authority to hear disputes not recognized by existing law and shall dismiss such claims upon motion by either party in accordance with the standards and burdens generally applicable in federal district court.

    • (vii) Waiver of class, collective, and/or representative actions. Creator understands and agrees that all claims covered by this Dispute Resolution Agreement that Creator may have against FanClub must be brought in Creator’s individual capacity and not as a plaintiff or class member in any purported class action, collective action or representative action proceeding. Similarly, any claims covered by this Dispute Resolution Agreement that FanClub may have against Creator may not be brought as a plaintiff or class member in any purported class action, collective action or representative action proceeding. Creator understands that there is no right or authority for any dispute covered by this Dispute Resolution Agreement to be heard or arbitrated on a collective action basis, class action basis, as a private attorney general, or on bases involving claims or disputes brought in a representative capacity on behalf of the general public, on behalf of other FanClub company employees (or any of them) or on behalf of other persons alleged to be similarly situated. Creator understands that there are no bench or jury trials and no class actions or representative actions permitted under this Dispute Resolution Agreement. The arbitrator shall not consolidate claims of different Creators into one proceeding, nor shall the arbitrator have the power to hear arbitration as a class action, collective action, or representative action. Any disputes regarding the enforceability or scope of this provision including, but not limited to, whether class, collective, or representative actions are authorized in arbitration by this Dispute Resolution Agreement, shall be decided by a court of competent jurisdiction rather than by an arbitrator.

    • (viii) Form of the award. The arbitrator shall render a written award setting forth his or her findings of fact and conclusions of law.

    • (ix) WAIVER OF JURY TRIAL. EXCEPT AS PROVIDED EXPRESSLY HEREIN, THE PARTIES VOLUNTARILY WAIVE ALL RIGHTS TO A TRIAL IN COURT BEFORE A JUDGE OR JURY ON ALL CLAIMS BETWEEN THEM COVERED BY THIS AGREEMENT.

    • (x) Governing law applicable to this Dispute Resolution Agreement. The parties acknowledge that Section 21 contains the parties' "Dispute Resolution Agreement"; that this Dispute Resolution Agreement is made in the course of interstate commerce; that any arbitration under this Dispute Resolution Agreement is governed by the Federal Arbitration Act, 9 U.S.C. §1 et. seq. (the “FAA”); and the parties are subject to the FAA for purposes of the Dispute Resolution Agreement. This choice of law provision applies only to this Dispute Resolution Agreement, and not to the rest of this Agreement or Terms.

    • (xi) Attorney’s fees; survival; and right to consult. The arbitrator shall award attorney’s fees and costs to the prevailing party in any arbitration arising out of or relating to this Agreement, the Terms, and where otherwise provided by applicable law. This Dispute Resolution Agreement section shall survive termination of this Agreement. Creator acknowledges and agrees that he/she is entering into this Dispute Resolution Agreement voluntarily and without any duress or undue influence by FanClub or anyone else. Creator further acknowledges and agrees that he/she has carefully read this Dispute Resolution Agreement and that Creator has asked any questions needed for Creator to understand the terms, consequences and binding effect of this Dispute Resolution Agreement and fully understand it, including that Creator is waiving his/her right to a jury trial. Finally, Creator agrees that he/she has been provided an opportunity to seek the advice of an attorney of Creator’s choice before agreeing to this Dispute Resolution Agreement.

• 22. Choice of Law

  The Terms shall be governed by, and construed in accordance with the laws of the State of Idaho, without regard to its conflicts of law provisions, except as set forth in Section 21 of this Agreement (the “Dispute Resolution Agreement”).

• 23. Miscellaneous

  Failure to enforce any provision of this Agreement by FanClub shall not constitute a waiver of any provision by FanClub. If any provision of this Agreement is deemed invalid or unenforceable, such provision shall be ineffective only to the extent of such prohibition or invalidity without invalidating the remainder of such provision or the remaining provisions of the Agreement. All provisions not affected by the invalidity shall remain in full force and effect.

  The Terms constitute the complete and exclusive statement of the Agreement between you and us. It supersedes any and all prior or contemporaneous agreement, oral or written, and any other communications, representations, warranties and understanding relating to the subject matter of the Terms. If there is a conflict between an oral or written representation of any FanClub employee or agent and the Terms (other than modifications to the Terms executed in writing by the CEO or authorized-in-fact representative of FanClub), the Terms will prevail. To the extent the Terms are in conflict or inconsistent with one another, this Agreement and the Privacy Policy will prevail for Creators over other terms, rules, policies, and FAQs on the Site. If any provision(s) of the Terms is held by a court or arbitrator of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties and the other provisions shall remain in full force and effect. FanClub’s failure to exercise or enforce any of the Terms shall not constitute a waiver of FanClub’s right to exercise or enforce the Terms as to the same or another instance.

  Headings in this and Related Agreements are for purposes of reference only and shall not limit or otherwise affect the meaning of the Terms.

  You agree that FanClub may assign the Terms to any other entity of its choosing, with or without notice to you. You may not assign the Terms to any other party for any reason. FanClub shall not be deemed to have waived any of its rights or remedies unless such waiver is in writing and signed by an authorized officer of FanClub. No delay or omission on the part of FanClub in exercising any rights or remedies shall operate as a waiver of such rights or remedies or any other rights or remedies on future occasions.

  Certain sections of this Agreement, by their terms, survive the termination of this Agreement.