TERMS AND CONDITIONS OF USE
Backbody Project
OVERVIEW
This website (backbodyproject.com) is operated by BBP Holdings, LLC (“BBP”). Throughout the website, the terms “BBP”, “we”, “us”, and “our” refer to BBP Holdings, LLC and BBP’s affiliated entities, representatives, agents, successors, and assigns. BBP offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
PLEASE READ THESE TERMS OF SERVICE (“TERMS OF SERVICE”) AND OUR PRIVACY POLICY CAREFULLY BEFORE ACCESSING OR USING OUR WEBSITE. BY ACCESSING OR USING ANY PART OF THIS WEBSITE OR ANY RELATED WEBSITE, OR BY ENGAGING WITH OUR VIDEOS OR CONTENT, OR BY PURCHASHING SOMETHING FROM US (THE “SERVICES”) YOU AGREE TO BE BOUND BY THESE TERMS OF SERVICE. THESE TERMS OF SERVICE CONTAIN AN ARBITRATION AGREEMENT, A CLASS ACTION WAIVER, LIMITATION OF LIABILITY, HEALTH DISCLAIMERS, AND GENERAL DISCLAIMER OF WARRANTIES.
IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS OF THESE TERMS OF SERVICE, THEN YOU MAY NOT ACCESS THE WEBSITE OR USE OUR SERVICES.
USERS
These Terms of Service apply to all users including without limitation users who are browsers, vendors, clients, customers, merchants, and/or contributors of content. The Services are not for persons under the age of 18. If you are under 18 years of age, then you may not use or access the Services at any time or in any manner without parental supervision. By using the Services, you affirm that either you are at least 18 years of age or have been authorized to use the Services by your parent or legal guardian who is at least 18 years of age and expressly agrees to these Terms of Service on your behalf. If you are an entity, organization, or company, the individual accepting these Terms of Service on your behalf represents and warrants that they have authority to bind you to these Terms of Service and the entity, organization, or company agrees be bound by these Terms of Service.
CHANGES TO THE TERMS OF SERVICES
You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change, or replace any part of these Terms of Service by posting updates and/or changes to our website at any time. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
These Terms of Service were last updated: April 28, 2020
ARBITRATION NOTICE
By accessing or using the Services, you agree that the exclusive means of resolving any dispute, claim, or controversy between you and BBP, including any officer, director, member, manager, employee, representative, independent contractor, agent or thereof (together, the “BBP Parties”) shall be by binding arbitration. You further that you shall NOT bring or maintain any claim against the BBP Parties as part of a class action, class arbitration, or other representative action or proceeding (“Class Action Waiver”).
YOU AND BBP EACH AGREE THAT, EXCEPT AS EXPLICITLY EXCLUDED BELOW, ANY AND ALL DISPUTES WHETHER PRESENTLY IN EXISTENCE OR BASED ON ACTS OR OMISSIONS IN THE PAST OR IN THE FUTURE, INCLUDING ALL ISSUES RELATING TO THE ENFORCEABILITY, INTERPRETATION, SCOPE, AND APPLICATION OF THIS ARBITRATION AGREEMENT WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION RATHER THAN IN COURT BY A JUDGE OR JURY.
In agreeing to this, YOU AND BBP ARE EACH GIVING UP YOUR RIGHT TO GO TO COURT INCLUDING YOUR RIGHT TO A JURY TRIAL. YOU AND BBP ARE ALSO GIVING UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR OTHER CLASS PROCEEDING.
This “Arbitration Notice” section and SHALL NOT apply to claims that all or part of the Class Action Waiver is invalid, unenforceable, unconscionable, void or voidable, or any claim for injunctive relief that has the primary purpose and effect of prohibiting alleged unlawful acts that threaten future injury to the general public. Such claims may be determined only by a court of competent jurisdiction and not by an arbitrator.
In arbitration, your claims will be heard and determined by a single neutral arbitrator, not a judge or jury. An arbitrator can grant the same relief that a court can award, and you are entitled to a fair arbitration hearing. Any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction.
These Terms and Conditions, and any dispute between you and BBP, shall be governed by the laws of the state of Oregon, commenced only in the federal or state courts located in Portland, Oregon, without regard to principles of conflicts of law, provided that an arbitration required by these Terms and Conditions shall be governed by the Federal Arbitration Act. Arbitration will be administered by the American Arbitration Association (“AAA“), and conducted under AAA’s Commercial Arbitration Rules (“AAA Rules”) in effect at the time of the dispute. You may obtain copies of the AAA Rules which explain how to begin an arbitration procedure by visiting the AAA website at www.adr.org, or by calling AAA at (800) 778-7879.
INTELLECTUAL PROPERTY RIGHTS
BBP trademarks, service marks, trade names, logos, content, videos, photos, data, text, graphics, code, software, interactive features, and materials used and displayed on our website or as part of the Services are BBP’s registered and unregistered trademarks, services marks, and intellectual property (“Intellectual Property”). Except as otherwise permitted by law, you may not use the Intellectual Property, or any third-party’s products or services displayed on our website or as part of the Services without BBP’s prior express written consent. All goodwill generated from the use of Intellectual Property will inure solely to BBP.
We do not grant or imply any ownership of the Intellectual Property to you. You may use the Services for your personal, non-commercial use only. You may not otherwise copy, reproduce, distribute, or otherwise manipulate any content, code, data or materials related to the Intellectual Property. If you make other use of the Intellectual Property, except as otherwise provided above, you may violate copyright and other laws of the United States and other countries, as well as applicable state laws and may be subject to liability for such unauthorized use.
Subject to your complete and ongoing compliance with these Terms of Service, BBP hereby grants to you a non-exclusive and non-transferable license to do the following solely within the United States, its territories and possessions, for your personal, non-commercial use and during the term of these Terms of Service: (1) access and use the Services in accordance with permitted functionalities; and (2) live-stream, or temporarily download and stream on-demand, videos and music as part of the Services, provided that you may not access the Services with more than one device at the same time.
PERSONAL INFORMATION
During your use of the Services, you may be asked to provide personal information or data to BBP to, without limitation, receive newsletters, information about our products and services, and or to assist you with your needs. BBP’s information collection and use policies with respect to privacy and personal information are set forth in our Privacy Policy which is incorporated herein by reference. Please read our Privacy Policy in full before submitting any personal information.
PROHIBITED USES OF THE SERVICES
Use of the Services for the any of the following is strictly prohibited: a) conducting or supporting illegal activity or violating any law or regulation, domestic or international; b) transmitting, storing, or delivering spam, unsolicited email messages, viruses, or any code of a destructive nature; c) threatening, harassing, abusing, impersonating, injuring or intimidating others; d) interfering with others' use of the Services; e) modifying, adapting, sublicensing, selling, reverse engineering, or otherwise disassembling any portion of the Services.
USER ACCOUNTS
In order to use the Services, we may invite or require you to establish an account with a username and login credentials including a password. You are responsible for maintaining the confidentiality of your account credentials and password, and you are responsible and liable for all use and activities that occur with your username or under your account, whether or not such use or activity was authorized by you. You agree to immediately notify us of any unauthorized use of your password or account or any other breach of security. Notwithstanding anything to the contrary in these Terms of Service, BBP reserves the right to remove, modify, deny the creation of, suspend access to or terminate any account(s), including the features and functionalities available to you or other account holders at any time, without notice, and in our sole discretion.
USER CONTENT + FEEDBACK
We welcome your feedback, comments, content, reviews, messages, suggestions or other communications related to the Services. All such feedback will be treated as non-confidential. By posting, uploading, sharing, or submitting feedback, you agree to allow BBP to utilize such feedback however we deem appropriate, in our sole discretion. BBP has no obligation to review or use feedback or to keep it confidential. By uploading, posting or sharing any feedback in which you or your likeness appear, consent to the use and reuse by BBP.
HEALTH DISCLAIMERS
BBP IS NOT A MEDICAL ORGANIZATION AND OUR INSTRUCTORS DO NOT AND CANNOT GIVE YOU MEDICAL ADVICE. WE DO NOT REPRESENT IN ANY WAY THAT ANY SUGGESTION, ADVICE, OR INSTRUCTION PROVIDED BY AN INSTRUCTOR CONSTITUTES QUALIFIED EXPERT ADVICE. PHYSICAL EXERCISE IS A STRENUOUS ACTIVITY THAT CARRIES RISK OF INJURY. YOU SHOULD CONSULT YOUR PHYSICIAN OR OTHER HEALTH CARE PROFESSIONAL BEFORE USING THE SERVICES. ALL OF THE EXERCISES, ROUTINES, MOVES, POSES, PROGRAMS, EQUIPMENT OR OTHER MATERIAL ASSOCIATED WITH THE SERVICES ARE USED OR PERFORMED AT YOUR SOLE DISCRETION. IT IS YOUR RESPONSIBILITY TO ENSURE THAT YOU DO NOT EXCEED YOUR PHYSICAL OR MENTAL ABILITY LEVEL OR LIMIRS WHILE PARTICIPATING IN THE SERVICES.
DO NOT USE THE SERVICES IF YOUR PHYSICIAN OR HEALTH CARE PROVIDER ADVISES AGAINST IT. STOP IMMEDIATELY IF YOU EXPERIENCE FAINTNESS, DIZZINESS, OR PAIN AT ANY TIME WHILE PERFORMING ANY EXERCISE OR ACTIVITY. DO NOT RELY ON ANY INFORMATION ON THE SERVICE AS A SUBSTITUTE FOR PROFESSIONAL MEDICAL OR COUNSELING ADVICE, DIAGNOSIS, OR TREATMENT.
THE USE OF THE SERVICES AND ANY INFORMATION PROVIDED AS PART OF THE SERVICES IS SOLELY AT YOUR OWN RISK.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, BBP MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE SERVICES. BY USING THE SERVICES, YOU ACKNOWLEDGE AND AGREE THAT YOUR DECISION TO USE THE SERVICES IS AT YOUR SOLE RISK, AND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BBP WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE, INCLUDING PHYSICAL INJURY AND DEATH, ARISING OUT OF OR IN CONNECTION WITH YOUR RELIANCE ON OR USE OF THE SERVICES.
DISCLAIMER OF WARRANTIES
To the fullest extent permitted by law, you agree that the Services are given on an "as is” and "as available" basis, without warranty of any kind, either express or implied, including, without limitation, any warranty for information, data processing services, uninterrupted access, or any warranties concerning the availability, accuracy, usefulness, or content of information, and any warranties of title, non-infringement, merchantability or fitness for a particular purpose. We hereby disclaim any and all such warranties, express and implied. We do not warrant that the Services will be timely or secure or continue uninterrupted or error-free or that defects will be corrected. We make no warranty that the Services will meet users' requirements. If you should be dissatisfied with the Services, your sole remedy is to discontinue use.
LIMITATION ON LIABILITY
To the fullest extent permissible under applicable law, in no event shall BBP nor any of our directors, officers, members, independent contractors, employees, agents, affiliates, or content or service providers be liable for damages of any kind whatsoever including, but not limited to, direct, indirect, special, incidental, consequential, exemplary or punitive arising from, or directly or indirectly related to, the Services. Without limitation, even if BBP is advised of the possibility of such damages, no liability shall arise from: (i) any loss of revenue or anticipated profits or lost business or sales; (ii) content posted by other users or third parties that may be defamatory, objectionable, offensive, or illegal; (iii) unauthorized access or use of your account or login credentials; (iv) any product or service offered by a third party through the Services; (v) unauthorized access to BBP’s servers and access or use of your personal or financial information stored therein; (vi) the security of the Services including the unauthorized access, corruption, damage or misuse of your information; (vii) any other loss or damage of any kind incurred as a result of the use of any content published or transmitted, through the Services.
Some jurisdictions do not allow the exclusions of certain implied warranties, so some of the above exclusions may not apply to you. In such case, the maximum liability of us shall not exceed the amount paid by you for access or use of the Services. To the extent that any term or condition of this Agreement is unenforceable, the remainder of the Agreement shall remain in full force and effect.
THIRD PARTY LINKS
The Services may contain links to products, materials, applications, or services owned or offered by third parties, which you may access by leaving the Services. We do not monitor or control third party linked websites or applications. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Reference to any third party, or their products or services, on the Services does not constitute an endorsement by BBP. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties.
RESERVATION OF RIGHTS
All rights not expressly granted pursuant to these Terms of Service are hereby reserved. We do not grant any rights or licenses in these Terms of Service by implication, estoppel, or otherwise. You acknowledge and agree that BBP reserves the right to change, suspend or discontinue all or any part of the Services at any time, in its sole discretion, without prior notice or liability.
INDEMNIFICATION
You agree to indemnify, defend, and hold harmless BBP and our affiliates, directors, members, officers, employees, independent contractors, consultants, assigns, agents, and representatives, from and against any and all liability, claims, damages, liabilities, obligations, losses, costs and expenses (including attorney's fees) arising from: (i) your access or use of the Services; (ii) your breach of any term of these Terms of Service; or (iii) your violation of a third party right, including an intellectual property right. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification, in our sole discretion. This indemnification obligation shall survive the expiration or termination of these Terms of Service or any discontinuation of the Services.
MISCELLANEOUS
1. General. These Terms of Service, together with the Privacy Policy, and any other agreements expressly incorporated by reference into these Terms of Service, are the entire and exclusive understanding and agreement between you and BBP regarding your use of the Services.
2. Modifications. We reserve the right to modify these Terms of Service in our sole discretion, at any time, and without advance notice to you. Modifications will go into effect on the date posted. It is your responsibility to review all modifications. Your access and/or use of the Services is modified will constitute your consent to these Terms of Service at all times.
3. Privacy Policy. Please read the BBP Privacy Policy [http:// LINK TO PRIVACY POLICY] carefully for information relating to our collection, use, storage, disclosure of your personal information. The BBP Privacy Policy is incorporated by reference into these Terms of Service.
4. Assignment. We may transfer or assign these Terms of Service and any of our rights and/or obligations hereunder at any time in our sole discretion.
5. Waiver and Severability. The failure by BBP to exercise or enforce one or more rights under these Terms of Service shall not constitute a waiver of such right. If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, all other provisions of these Terms of Service remain in full force and effect.
6. Statute of Limitations. All claims or causes of action arising out of or related to the access or use of the Services, or these Terms of Service, must be filed within one (1) year after such claim or cause of action arises or be forever barred, regardless of any general statute to the contrary.
7. Governing Law and Venue. These Terms of Service shall be governed by the laws of the State of Oregon, without respect to its conflict of laws principles. Any claim or dispute between you and BBP that arises in whole or in part out of your access or use of the Services or these Terms of Service shall be decided exclusively by a court of competent jurisdiction located in Portland, Oregon. Accordingly, you agree that the Services shall be deemed to be based in Oregon.
If you have any questions or comments regarding these Terms of Service or the Services, please contact us at: team@backbodyproject.com or by mail to: 1028 SE Water Ave Portland, OR 97214 Attn: Backbody Project.