BDYCLB TERMS OF SERVICE
Updated and Effective as of: July 19th 2021
This Platform Terms of Service Agreement (“Terms”) govern your use of the BDYCLB™ website (bdyclb.com), mobile application (“App”), and services we provide through them (collectively, the website, App, and services referred to as our “Platform”). “You” refers to you as a user of our Platform. These Terms apply to visitors to and users of our Platform. Your use of our Platform is also subject to the current Acceptable Use Policy. Your use of our Platform as a BDYCLB Creator (defined below) is governed by the Creator Terms of Service.
PLEASE READ THESE TERMS CAREFULLY
By using our Platform or otherwise indicating your acceptance (for example, agreeing when creating or logging into your account, clicking “I Agree,” etc.), you represent and warrant that you have read, understand, and agree to be bound by these Terms. If you do not agree, do not access or use our Platform.
Section 15 of these Terms contains provisions governing how claims that you and BDYCLB have against each other are resolved, including any claims that arose or were asserted before the “Last Updated” date at the top of these Terms. It contains an arbitration agreement that will, with limited exceptions, require disputes between you and BDYCLB to be submitted to binding and final arbitration. Unless you opt out of the arbitration agreement as described in Section 14: (1) you may pursue claims and seek relief against us only on an individual basis, not as a plaintiff or class member in any class or representative action or proceeding; and (2) you waive your right to seek relief in a court of law and to have a jury trial on your claims.
THE FULL DETAILED TERMS OF SERVICE
1. BDYCLB PLANS
These provisions apply to purchases of Plans on our Platform (excluding subscriptions to the Platform, which are governed by Clause 2 of the Terms of Service). If you do not agree to these provisions, you must not purchase any Plans on the Platform.
1.1 Through our Platform, you may obtain health and wellness content (“BDYCLB Plans”) from athletes, experts, nutritionists, dieticians, influencers, and others (each, a “Creator”).
1.2 BDYCLB Plans are licensed, not sold. You are buying the right (or license) to use it, not the actual BDYCLB Plan itself. Subject to your payment in full, the Creator hereby grants to you the following limited rights to use the BDYCLB Plan solely for your own personal, non-commercial, and non-promotional purposes, subject to these Terms: a non-exclusive, royalty-free, fully paid, worldwide, sublicensable, revocable license to use the BDYCLB Plan, for personal use. You may not sell, re-sell, or encumber your rights in any BDYCLB Plan. You may use a BDYCLB Plan only in accordance with these Terms, which includes the current Acceptable Use Policy. We may terminate all or part of the foregoing licenses at any time for any reason. We reserve the right to remove a BDYCLB Plan from our Platform at any time for any reason without any notice to you.
1.3 You acknowledge that the BDYCLB watermark on each BDYCLB Plan must remain intact and you agree not to edit, change, modify, or remove the watermark from any BDYCLB Plan or assist or encourage any third party to do so. You further agree not to edit, change, modify, or create any derivative work of a BDYCLB Plan or assist or encourage any third party to do so. If you breach any provisions of these Terms, your license to use the BDYCLB Plan terminates and you must: promptly remove all copies of the BDYCLB Plan in your possession or control, including from any social media platform, and take any other action we reasonably request, including identifying any third party recipients.
1.4 You may create an account on our Platform. You are responsible for maintaining the confidentiality of your Platform account information, including your username and password. You are responsible for all activities that occur on or in connection with your Platform account and you will notify us immediately of any unauthorized access or use. You acknowledge and agree that we are not responsible or liable for any damages, losses, costs, expenses, or liabilities related to any unauthorized access to or use of your Platform account.
2. BDYCLBPLUS SUBSCRIPTION SERVICE
2.1 Subscription. You may choose to subscribe to our Platform through a BDYCLBPLUS subscription, available on a monthly or yearly basis, or for such other periods that BDYCLB may offer from time to time. Applicable fees are set forth on the BDYCLB webpage (bdyclb.com) or on the applicable app store from which the BDYCLB App can be downloaded. Eligibility for any promotions or discounts is ascertained at the time you subscribe and cannot be changed during the term of your subscription. You are responsible for reading and understanding the specific terms and conditions applicable to any promotions or discounts. BDYCLB reserves the right to revise and update the applicable fees for subscriptions (including the fees set out on the relevant app stores where you subscribe to the Platform), and the different subscription packages available, at any time at its sole discretion. Any such revision or updates to the fees will apply prospectively to any subscription entered into following the effective date of the fee revision or update.
2.2 Free Trials. We may provide a free trial subscription for a fixed period of time, as determined by BDYCLB in its sole discretion. Unless otherwise stated by BDYCLB in respect of specific promotions, free trials are only available to new BDYCLB users, and BDYCLB reserves the right to cancel any trial subscription immediately if we become aware that the subscriber has already had a trial subscription on a different User Account or using a different email address. Furthermore, any attempts to register for a further free trial on the same User Account or using the same email address may result in you being charged for the applicable subscription fees. After the trial, your subscription will renew automatically at the full subscription price unless you cancel your subscription before the end of the trial. To cancel your subscription during the trial, please refer to the instructions set out below under "Automatic renewal of subscription".
2.3. Payment detailsYou can pay the fees for your subscription on the BDYCLB website or BDYCLB App either through a credit card, Stripe payment, or through your account with the applicable app store in the case of the BDYCLB App (i.e. through in-app purchases). The price of your subscription, as well as the currency in which your subscription is payable, will be specified during the order process, and may vary depending on your country of residence (as determined by the IP address of your device used to access the Platform). When you purchase a subscription, you must provide us with complete and accurate payment information. By submitting payment details, you represent that you are entitled to purchase a subscription using those payment details. If we do not receive payment authorization or any authorization is subsequently cancelled, we may immediately terminate or suspend your access to your subscription. BDYCLB reserves the right to contact the issuing bank/payment provider and/or law enforcement authorities or other appropriate third parties if there is suspicious activity. In addition to the subscription fee you are charged, certain banks and credit card issuers may charge a foreign transaction fee on transactions which take place abroad or in a foreign currency. You are responsible for paying any such fees.
2.4 Automatic renewal of subscriptionYour subscription will automatically renew unless you cancel at least twenty-four (24) hours before the end of the current billing period. However, you may cancel your subscription at any time by navigating to your profile page and following the prompts to cancel your subscription. Upon such cancellation, you will still be entitled to access the subscription services on the Platform for the remainder of the duration that you have paid for.
2.5 Cancellation and refund of subscription fees
Where you have subscribed for the Platform through an app store, the cancellation and refund of subscription fees will be governed by the applicable terms and conditions of that app store. Where you have subscribed for the Platform through our website, you may change your mind and receive a full refund of the amount you have paid for the subscription within fourteen (14) days starting from the day you subscribed to the Platform through our website (the "Cooling-off Period"):
(a) if you sign up for a free trial, you agree that the Cooling-off Period for the paid subscription that you are receiving the free trial in connection with ends fourteen (14) days after you start the free trial - if you use the Platform during the free trial and don’t cancel the paid subscription before the free trial ends, you lose your right of withdrawal; and
(b) if you purchase a subscription, you agree that the Cooling-off Period is available for fourteen (14) days after you have paid for the subscription, but the Cooling-off Period expires once you use the Platform during that period.
To exercise this right, please contact the BDYCLB team by emailing: firstname.lastname@example.org.
Following expiration of the Cooling-off Period, subscriptions are non-refundable and there is no right to refunds or credits unless required by Applicable Laws. Although you may notify us of your intention to cancel your subscription at any time, such notice will only take effect at the end of your then current subscription period, and you will not receive a refund.
3. ADDITIONAL TERMS
Some products or services offered through the Platform may have additional terms and conditions (“Additional Terms”). If Additional Terms apply, we will make them available for you in connection with that product or service. By using that product or service, you agree to the Additional Terms. To the extent that the Additional Terms conflict with any of these Terms, these Terms will govern unless the Additional Terms say that these Terms don’t apply.
4.1 Age: You must be at least 17 years old to use our Platform.
4.2 Representations and Warranties: You represent and warrant that:
(a) you have not been prohibited from using or accessing any aspect of our Platform by us or under any applicable law or regulation;
(b) you will comply with all applicable terms of any third party payment provider , and you are not on a prohibited list of that payment provider;
(c) you (and anyPlatform account that you created or control) have not been previously banned or removed from our Platform any reason; and
(d) you are not a convicted sex offender.
4.3 Export Control: You may not use, export, import, or transfer any part of our Platform except as authorized by United States law, the laws of the jurisdiction in which you use or access our Platform, or any other applicable laws. In particular, but without limitation, no part of our Platform may be exported or re-exported:
(i) into any U.S. embargoed countries; or
(ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce’s Denied Persons List or Entity List. By using our Platform, you represent and warrant that:
(x) you are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a “terrorist supporting” country; and
(y) you are not listed on any U.S. Government list of prohibited or restricted parties. You also will not use our Platform for any purpose prohibited by law. You acknowledge and agree that products, services, and technology provided by BDYCLB are subject to the export control laws and regulations of the U.S. You will comply with those laws and regulations and will not, without prior U.S. Government authorization, export, re-export, or transfer BDYCLB products, services, or technology, either directly or indirectly, to any country in violation of those laws and regulations.
5. FEES AND PAYMENT
5.1 Fees: The fee for a BDYCLB Plan or BDYCLBPLUS Subscription is specified on the BDYCLB Platform. You agree to pay all amounts due in accordance with the payment terms in effect when you submit your purchase request
5.2 Currency: All transactions are in U.S. dollars (“USD”) unless otherwise specified at point of purchase.
5.3 Payment: You may purchase a BDYCLB Plan, a BDYCLBPLUS Subscription, or request a BDYCLB Private from a specified Creator either on the App or by using a valid credit or debit card through the third party payment provider on bdyclb.com.
(a) You acknowledge that purchases on the App are non-refundable. By making a purchase on the App, you represent that you are a resident of a country or territory in which payment in the local currency is supported by the App (as listed here. If you are a resident of a country or territory in which payment in the local currency is not supported by the App (or located in a country or territory in which payment in the local currency is not supported by the App), your purchase will not be permitted; however, if such purchase is permitted, BDYCLB reserves the right to cancel your request and no refund will be issued. The countries and territories and respective local currencies supported by the App are determined by Apple and not by BDYCLB and are subject to change at any time.
(c) BDYCLB reserves the right (but is under no obligation) to cancel your BDYCLB Plan or BDYCLBPLUS Subscription purchase request if your payment method is declined; or you have previously been banned or removed from our Platform for any reason. BDYCLB also reserves the right at any time to change its fees and payment procedures, including its payment options and terms related to the App, either immediately upon posting on our Platform or by other notice to you.
(d) Payment Questions: If you have a question about a purchase made on the App or a charge to your payment card, please contact us at email@example.com. We have the sole discretion to determine how billing disputes between us will be resolved.
6.1 You acknowledge and agree that each BDYCLB Plan is owned by the Creator who created it.
6.2 We or our licensors own all right, title, and interest in and to:
(a) our Platform and the “look and feel” of our Platform, including all software, ideas, processes, data, text, media, and other content available on our Platform (individually, and collectively, “BDYCLB Content”); and
6.3 You hereby grant to us a non-exclusive, royalty-free, fully paid, unlimited, worldwide, sublicensable (through multiple tiers of sublicenses), perpetual, and irrevocable license, in any and all manner and media, whether now known or hereinafter invented or devised (including social media platforms), to use, reproduce, license, distribute, modify, adapt, reformat, publicly perform, publicly display, create derivative works of, and otherwise use the following for the purposes of operating and providing our Platform, developing and improving our products and services, and advertising, marketing, and promoting our Platform and our products and services: (i) any request (video, text, or otherwise) that you make to any Creator; and (ii) any submission that you make to BDYCLB, whether through our Platform, a social media platform, or third party website or otherwise, including an idea, intellectual property, publicity rights, Feedback (defined below), review, photo, video, email, text, post, or other communication, whether relating to you, or a third party ((i) and (ii) each, individually, and collectively, a “Submission”). You represent and warrant that you either: (x) own all rights to any Submission; or (y) have all rights necessary, including with respect to any third party that contributed to, is included in, or is referred to in any Submission, to grant to us the foregoing rights. You will not make any Submission that is confidential or proprietary or that contains or includes any information that you do not have the right to disclose or that you do not wish to be disclosed. BDYCLB will not be responsible or liable for any use or disclosure of a Submission, including any personal information included (whether belonging to you, a Recipient, or a third party).
6.4 We may, for any reason, refuse to accept or transmit a Submission or refuse to remove a Submission from our Platform. Further, we reserve the right to decide whether a Submission violates these Terms and may, at any time, without notice to you and in our sole discretion, remove your Submission, terminate your access to our Platform, remove or ban you (and any Platform account you created or control), or take other appropriate action for violation of these Terms.
6.5 BDYCLB desires to avoid the possibility of future misunderstandings if a project developed by us, our employees, or our contractors may seem similar to your Submission. If your Submission consists of any idea, suggestion, proposal, plan, or other material related to our business (individually, and collectively, “Feedback”), you acknowledge and agree that you are submitting that Feedback at your own risk and that BDYCLB has no obligation (including of confidentiality or privacy) with respect to that Feedback, and you grant to BDYCLB a non-exclusive, royalty-free, fully paid, unlimited, worldwide, sublicensable (through multiple tiers of sublicenses), perpetual, and irrevocable license, in any and all manner and media, whether now known or hereinafter invented or devised, to reproduce, license, distribute, modify, adapt, publicly perform, publicly display, create derivative works of (for example, translations, adaptations, or other changes), and otherwise use and exploit in any manner (including commercially), any and all Feedback.
6.6 You hereby waive any moral rights you may have in any Submission, including Feedback.
7. COPYRIGHT AND INTELLECTUAL PROPERTY POLICY
7.1 Termination Policy: If we determine that you are a repeat infringer of copyright, we may terminate your access to our Platform, remove or ban you (and any Platform account you created or control), and take other appropriate action in our sole discretion.
7.2 Digital Millennium Copyright Act Notice: We respond to notices of alleged copyright infringement and terminate access to our Platform for repeat infringers. If you believe that the copyright in your work is being infringed, please send the following information to our Copyright Agent below:
(a) your address, telephone number, and email address;
(b) a description of the work that you claim is being infringed;
(c) a description of the material that you claim is infringing and are requesting be removed along with information about where it is located;
(d) a statement that you have “a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law”;
(e) an electronic or physical signature of the copyright owner (or a person authorized to act for the copyright owner); and
(f) a statement by you, made under penalty of perjury, that the information you are providing is accurate and that you are the copyright owner or authorized to act on behalf of the copyright owner.
Copyright Agent: BDYCLB c/o Agent of Service 11150 W Olympic Blvd. Los Angeles, CA 90015 firstname.lastname@example.org.
If you do not follow these requirements, your notice may not be valid. Please note, only notices of alleged copyright infringement should be sent to our Copyright Agent.
9. THIRD PARTY CONTENT AND INTERACTIONS
9.1 Our Platform may contain features and functionalities that may link to or provide you with access to third party content, that is completely independent of us, including BDYCLB Plans, websites, platforms, directories, servers, networks, systems, information, databases, applications, software, programs, products or services, and the Internet in general. Your interactions with third parties, including users and Creators, found on or through our Platform are solely between you and the third party. You should make whatever investigation you feel necessary or appropriate before proceeding with any interaction. However, you agree not to contact or interact with any Creator except as expressly permitted through our Platform. You also agree that BDYCLB may, in its sole discretion, intercede in any dispute and you will reasonably cooperate with BDYCLB if it does so. You acknowledge and agree that we are not responsible or liable for any damages, losses, costs, expenses, or liabilities of any kind or nature incurred as the result of any such interaction. You hereby release each BDYCLB Party (defined below) from claims, demands, and damages (actual and consequential) of every kind or nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes or our Platform. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 (AND ANY OTHER SIMILAR APPLICABLE STATE STATUTE), WHICH PROVIDES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.
9.2 From time to time, a charitable entity may be identified on a Creator’s page or be associated with the Creator elsewhere on our Platform (“Charity”). For example, the Creator’s booking page may indicate that all or a portion of the Creator’s revenue from a BDYCLB Plan will be given to the Charity. Those arrangements are strictly between the Creator and the Charity. BDYCLB is not a sponsor of, does not endorse, and is not affiliated with the Charity and is not a commercial co-venturer with respect to such arrangements (unless otherwise expressly stated in writing by BDYCLB). Unless expressly stated, BDYCLB does not control and makes no warranties about the Charity or any donation to the Charity.
11. CHANGES TO OUR PLATFORM
We enhance and update our Platform often. You acknowledge and agree we may change or discontinue any aspect of our Platform at any time, with or without notice to you.
12. TERMINATION AND RESERVATION OF RIGHTS
You may stop using our Platform at any time. You may cancel your Platform account at any time by contacting us at email@example.com. We reserve the right to terminate access to our Platform to any person, including you, at any time, for any reason, in our sole discretion. If you violate any of these Terms, your permission to use our Platform automatically terminates.
You agree to indemnify, defend, and hold harmless BDYCLB and its parents, subsidiaries, affiliates, officers, employees, directors, shareholders, agents, partners, and licensors (each, a “BDYCLB Party,” and collectively, “BDYCLB Parties”) from and against any and all claims, costs, proceedings, demands, losses, damages, and expenses (including reasonable attorneys’ fees and costs) of any kind or nature arising from, out of, in connection with, or relating to:
(a) these Terms; or
(b) use of our Platform. BDYCLB may select counsel for and control the defense of any claim that you are indemnifying. You will reasonably cooperate with us in connection with any claim.
14. DISCLAIMERS AND LIMITATIONS ON OUR LIABILITY
14.1 You acknowledge and agree that your use of our Platform is at your own risk and that our Platform is provided on an “as is” and “as available” basis. To the extent permitted by applicable law, the BDYCLB Parties disclaim all warranties, conditions, and representations of any kind, whether express, implied, statutory, or otherwise, including those related to merchantability, fitness for a particular purpose, and non-infringement and those arising out of course of dealing or usage of trade.
14.2 In particular, the BDYCLB Parties make no representations or warranties about the accuracy or completeness of content available on or through our Platform or the content of any social media platform or third party website linked to or integrated with our Platform. You acknowledge and agree that the BDYCLB Parties will have no liability for any: (i) errors, mistakes, or inaccuracies of content; (ii) personal injury, property damage, or other harm resulting from your access to or use of our Platform; (iii) any unauthorized access to or use of our servers, any personal information, or user data; (iv) any interruption of transmission to or from our Platform; (v) any bugs, viruses, trojan horses, or the like that may be transmitted on or through our Platform; or (vi) any damages, losses, costs, expenses, or liabilities of any kind incurred as a result of the use of any content posted or shared through our Platform.
14.3 You acknowledge and agree that any material or information downloaded or otherwise obtained through our Platform, including any BDYCLB Plan, is done at your own risk and that you will be solely responsible for any damages, losses, costs, expenses, or liabilities arising from or in connection with doing so. No advice or information, whether oral or written, obtained by you from us or through our Platform, including through a BDYCLB, will create any warranty not expressly made by us.
14.4 Each individual’s dietary needs and restrictions are unique to the individual. You are ultimately responsible for all decisions pertaining to your health. You should consult your physician or other health care professional before starting this or any other fitness program to determine if it is right for your needs. This is particularly true if you (or your family) have a history of high blood pressure or heart disease, or if you have ever experienced chest pain when exercising or have experienced chest pain in the past month when not engaged in physical activity, smoke, have high cholesterol, are obese, or have a bone or joint problem that could be made worse by a change in physical activity. Do not start a BDYCLB Plan if your physician or health care provider advises against it. If you experience faintness, dizziness, pain or shortness of breath at any time you should stop immediately. If you have any concerns or questions about your health, you should always consult with a physician or other health-care professional. Do not disregard, avoid or delay obtaining medical or health related advice from your health-care professional because of something you may have read or seen on the BDYCLB app, website, social media accounts or Platform. Developments in medical research may impact the health, fitness and nutritional advice that appears here. No assurance can be given that the advice contained in this Platform will always include the most recent findings or developments with respect to the particular material.
14.5 If you are in the United States and think you are having a medical or health emergency, call your health care professional, or 911, immediately.
14.6 Certain health or medical material on this Platform may be sexually explicit. Please do not use this Platform if you would find these materials offensive. “State law allows any person to provide nutritional advice or give advice concerning proper nutrition–which is the giving of advice as to the role of food and food ingredients, including dietary supplements. This state law does NOT confer authority to practice medicine or to undertake the diagnosis, prevention, treatment, or cure of any disease, pain, deformity, injury, or physical or mental condition and specifically does not authorize any person other than one who is a licensed health practitioner to state that any product might cure any disease, disorder, or condition.
14.7 Our Platform offers health, fitness and nutritional information and is designed for educational purposes only. You should not rely on this information as a substitute for, nor does it replace, professional medical advice, diagnosis, or treatment. The use of any information provided on this Platform is solely at your own risk.
14.8 You acknowledge and agree that when using our Platform, you will be exposed to content from a variety of sources, and that BDYCLB is not responsible for the accuracy, usefulness, safety, legality, or intellectual property rights of or relating to any such content. You further understand and acknowledge that you may be exposed to content that is inaccurate, offensive, indecent, objectionable, or harassing, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against any BDYCLB Party with respect thereto.
14.9 To the fullest extent permitted by applicable law, you acknowledge and agree that in no event will any BDYCLB Party be liable to you or to any third party for any indirect, special, incidental, punitive, or consequential damages (including for loss of profits, revenue, or data) or for the cost of obtaining substitute products, arising out of or in connection with these Terms, however caused, whether such liability arises from any claim based upon contract, warranty, tort (including negligence), strict liability, or otherwise, and whether or not BDYCLB has been advised of the possibility of such damages.
14.10 To the maximum extent permitted by applicable law, our total cumulative liability to you or any third party under these Terms, from all causes of action and all theories of liability, will be limited to and will not exceed the fees actually received by BDYCLB from you during the 12 months preceding the claim giving rise to such liability.
14.11 Certain jurisdictions do not allow the exclusion or limitation of certain damages. If those laws apply to you, some or all of the above exclusions or limitations may not apply to you, and you might have additional rights.
14.12 You agree that the limitations of damages set forth above are fundamental elements of the basis of the bargain between BDYCLB and you.
15. ARBITRATION AGREEMENT AND WAIVER OF CERTAIN RIGHTS
15.1 Arbitration: You and BDYCLB agree to resolve any disputes between you and BDYCLB through binding and final arbitration instead of through court proceedings. You and BDYCLB each hereby waive any right to a jury trial of any controversy, claim, counterclaim, or other dispute arising between you and BDYCLB relating to these Terms or our Platform (each a “Claim,” and collectively, “Claims”). Any Claim will be submitted for binding arbitration in accordance with the Rules of the American Arbitration Association (“AAA Rules”). The arbitration will be heard and determined by a single arbitrator. The arbitrator’s decision will be in writing, will include the arbitrator’s reasons for the decision, will be final and binding upon the parties, and may be enforced in any court of competent jurisdiction. The parties agree that the arbitration will be kept confidential and that the existence of the proceeding and any element of it (including any pleadings, briefs, or other documents submitted or exchanged, any testimony or other oral submissions, and awards) will not be disclosed beyond the arbitration proceedings, except as may lawfully be required in judicial proceedings relating to the arbitration or by applicable disclosure rules and regulations of securities regulatory authorities or other governmental agencies.
15.2 Costs and Fees: If you demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, BDYCLB will pay as much of the administrative costs and arbitrator’s fees required for the arbitration as the arbitrator deems necessary to prevent the cost of the arbitration from being prohibitive. In the final award, the arbitrator may apportion the costs of arbitration and the compensation of the arbitrator among the parties in such amounts as the arbitrator deems appropriate.
15.3 No Preclusions: This arbitration agreement does not preclude you or BDYCLB from seeking action by federal, state, or local government agencies. You and BDYCLB each also have the right to bring any qualifying Claim in small claims court. In addition, you and BDYCLB each retain the right to apply to any court of competent jurisdiction for provisional relief, including pre-arbitral attachments or preliminary injunctions, and any such request will not be deemed to be either incompatible with these Terms or a waiver of the right to have disputes submitted to arbitration as provided in these Terms.
15.4 No Class Representative or Private Attorney General: You and BDYCLB each agree that neither may act as a class representative or private attorney general or participate as a member of a class of claimants, with respect to any Claim. You agree that Claims may not be arbitrated on a class or representative basis. The arbitrator can decide only individual Claims (whether brought by you or BDYCLB). The arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated.
15.5 Severability/No Waiver/Survival: If any provision of this Section 15 is found to be invalid or unenforceable, that provision will be deemed appropriately modified to give effect to the intent of the provision or, if modification is not possible, will be severed and the remainder of this Section 15 will continue in full force and effect. No waiver of any provision of this Section 15 will be effective or enforceable unless recorded in a writing signed by the party waiving such a right or requirement. Such a waiver will not waive or affect any other provision of these Terms. This Section 15 of these Terms will survive the termination of your relationship with BDYCLB.
15.6 30-Day Opt-Out Right: You have the right to opt out of the provisions of this Arbitration Agreement by sending, within 30 days after first becoming subject to this Arbitration Agreement, written notice of your decision to opt out to the following address: BDYCLB c/o Agent of Service 11150 W Olympic Blvd. Los Angeles, CA 90015. Your notice must include your name and address, any usernames, each email address you have used to set up an account on our Platform (if applicable), and an unequivocal statement that you want to opt out of this Arbitration Agreement. You agree that if you opt out of this Arbitration Agreement, all other parts of these Terms will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may currently have, or may enter in the future, with us.
15.7 LIMITATIONS: This Section 15 limits certain rights, including the right to maintain certain court actions, the right to a jury trial, the right to participate in any form of class or representative claim, the right to engage in discovery except as provided in AAA rules, and the right to certain remedies and forms of relief. In addition, other rights that you or BDYCLB would have in court may not be available in arbitration.
16. OTHER PROVISIONS
16.1 Force Majeure: Under no circumstances will any BDYCLB Party be liable for any delay or failure in performance due in whole or in part to any acts of God, earthquakes, unavoidable accidents, laws, rules, regulations or orders of government authorities, acts of war (declared or not), terrorism, hostilities, blockades, civil disturbances, embargoes, strikes, or any other event or cause beyond the reasonable control of any BDYCLB Party.
16.2 Choice of Law and Jurisdiction: These Terms will be governed by and construed in accordance with the laws of the State of California, without giving effect to any conflict of laws rules or provisions. You agree that any action of whatever nature arising from or relating to these Terms or our Platform that is filed consistent with Section 15, will be filed only in the state or federal courts located in Los Angeles, California. You consent and submit to the personal jurisdiction of such courts for the purposes of any such action.
16.3 Severability: If any provision of these Terms is found to be invalid or unenforceable, that provision will be deemed appropriately modified to give effect to the intent of the provision or, if modification is not possible, will be severed from these Terms and will not affect the enforceability of any other provision.
16.4 No Waiver or Amendment: The failure by BDYCLB to enforce any right or provision of these Terms will not prevent BDYCLB from enforcing such right or provision in the future and will not be deemed to modify these Terms.
16.5 Assignment: BDYCLB may, at any time, assign its rights and obligations under these Terms, including in connection with a sale of assets, merger, acquisition, reorganization, bankruptcy, other transaction, or by operation of law.
16.6 Miscellaneous: The term “including” in these Terms will be interpreted broadly and will mean “including, without limitation.” Titles are for convenience only and will not be considered when interpreting these Terms.
17. CHANGES TO THESE TERMS
We may change these Terms. If we do, we will post the revised Terms on our Platform and update the “Last Updated” date at the top of these Terms. The revised Terms will be effective immediately if you accept them (for example, agreeing when you create an account or login to an existing account, or using or continuing to use our Platform after the revised Terms have been posted); otherwise, they will be effective 30 days after posting.
BDYCLB TERMS OF SERVICE