Terms of Service

TERMS OF SERVICE

 

Effective as of June 10, 2021

 

PLEASE READ THIS LEGAL DOCUMENT CAREFULLY. BodBox, Inc. (together with our affiliates, “BODBx,” “we,” or “us”) provides a customized workout experience powered by AI pose recognition and movement selection technology and such related products, services, content and   features,   including   through   the   BODbx   website   located at www.bodyxrobots.com and its subdomains (collectively, the “Site”), the portable AI pose recognition training device (the “Device”), the BODbx mobile application and web application located at www.bodbx.training.com (collectively, the “Application”), and BODbx-controlled social media pages (collectively, the “BODbx Service”). By registering as a member or by visiting, browsing, purchasing from, or using the BODbx Service in any way, you (as a “user”) accept this Terms of Service Agreement (these “Terms of Service”), which forms a binding agreement between you and BODbx. If you do not wish to be bound by the Agreement, you may not access or use any of the BODbx Services.

 

PLEASE BE AWARE THAT SECTION 19 OF THE AGREEMENT BELOW CONTAINS PROVISIONS GOVERNING HOW DISPUTES THAT YOU AND WE HAVE AGAINST EACH OTHER ARE RESOLVED, INCLUDING WITHOUT LIMITATION, ANY DISPUTES THAT AROSE OR WERE ASSERTED PRIOR TO THE EFFECTIVE DATE OF THE AGREEMENT. IN PARTICULAR, IT CONTAINS AN ARBITRATION AGREEMENT WHICH WILL, WITH LIMITED EXCEPTIONS, REQUIRE DISPUTES BETWEEN US TO BE SUBMITTED TO BINDING AND FINAL ARBITRATION. UNLESS YOU OPT OUT OF THE ARBITRATION AGREEMENT: (1) YOU WILL ONLY BE PERMITTED TO PURSUE DISPUTES AND SEEK RELIEF AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING; AND (2) YOU ARE WAIVING YOUR RIGHT TO PURSUE DISPUTES AND SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL.

 

PLEASE BE AWARE THAT SECTION 2 OF THE AGREEMENT BELOW CONTAINS YOUR OPT-IN CONSENT TO RECEIVE COMMUNICATIONS FROM US, INCLUDING VIA E-MAIL, TEXT MESSAGE, CALLS AND PUSH NOTIFICATION.

 

The Terms of Service and BODbx Privacy Policy (as discussed below) are referred to herein as the “Agreement.”

 

PLEASE NOTE THAT THE AGREEMENT IS SUBJECT TO CHANGE BY BODBX IN ITS

SOLE DISCRETION AT ANY TIME. When changes are made, BODbx will make a new copy of the Terms of Service available at the Site and within the Application. We will also update the effective date at the top of these Terms of Service. Any changes to the Agreement will be effective immediately for new users of the BODbx Service and will be effective for existing users upon the earlier of (a) the effective date at the top of these Terms of Service and (b) your consent to and acceptance of the updated Agreement if BODbx provides a mechanism for your immediate acceptance in a specified manner


(such as a click-through acceptance), which BODbx may require before further use of the BODbx Service is permitted.

 

If you do not agree to the updated Agreement, you must stop using the BODbx Service. Otherwise, your continued use of any of the BODbx Services after the effective date of the updated Agreement constitutes your acceptance of the updated Agreement. PLEASE REGULARLY CHECK THE SITE TO VIEW THE THEN-CURRENT AGREEMENT. YOU AGREE THAT BODBX’S CONTINUED PROVISION OF THE BODBX SERVICE IS ADEQUATE CONSIDERATION FOR THE CHANGES IN THE UPDATED AGREEMENT.

 

1.   WHO MAY USE THE BODBX SERVICE

 

You must be at least 18 years old (or the age of legal majority in your jurisdiction of residence) to register with and use the BODbx Service. Minors between the ages of 13 and 18 years old that can safely use the BODbx Service may participate in certain aspects of the BODbx Service provided that they do so under their parent’s or legal guardian’s supervision and that such parent or legal guardian agrees to be bound by the Agreement.

 

We may, in our sole discretion, refuse to offer the BODbx Service to any person or entity and change the eligibility criteria at any time. You are solely responsible for ensuring that you comply with all applicable laws, rules and regulations related to the Agreement, and the right to access and use the BODbx Service is revoked where the Agreement or use of the BODbx Service is prohibited or conflicts with any applicable law, rule or regulation.

 

2.    LICENSE TO AND USE OF THE BODBX SERVICE

 

License. Subject to your compliance with the Agreement, during the term of the Agreement, BODbx grants you a limited, non-transferable, non-exclusive, revocable license to access and use the BODbx Service for your own personal, non-commercial use and for no other purpose whatsoever. This license includes the right to view content available on the BODbx Service. This license is personal to you and may not be assigned or sublicensed to anyone else.

 

Subject to your compliance with the Agreement, BODbx grants you a limited, non- transferable, non-exclusive, revocable license to download, install and use a copy of the Application on a single mobile device or computer that you own or control and to run such copy of the Application solely for your own personal, non-commercial use and for no other purpose whatsoever. Furthermore, with respect to any Application accessed through or downloaded from the Apple App Store (an “App Store Sourced Application”), you will only use the App Store Sourced Application (a) on an Apple-branded product that runs the iOS (Apple’s proprietary operating system) and (b) as permitted by the “Usage Rules” set forth in the Apple App Store Terms of Service. Notwithstanding the first sentence of this paragraph, with respect to any Application accessed through or downloaded from the Google Play store (a “Google Play Sourced Application”), you may have additional license rights with respect to use of the Application on a shared basis within your designated family group.


Updates. You understand that the BODbx Service is evolving. As a result, BODbx may require you to accept updates to the BODbx Service. You acknowledge and agree that BODbx may update BODbx Service with or without notifying you. You may need to update third party software from time to time in order to use the BODbx Service.

 

Restrictions. Except as expressly permitted in writing by an authorized representative of BODbx, you will not use the BODbx Service except as expressly authorized under the Agreement, and you will not reproduce, redistribute, sell, create derivative works from, decompile, reverse engineer, or disassemble the BODbx Service in whole or in part, nor will you take any measures to interfere with or damage the BODbx Service, nor will you use the BODbx Service (or any component thereof) to create any product or technology that competes with the BODbx Service (or any component thereof). All rights not expressly granted by BODbx in the Agreement are reserved.

 

BODBX Communications. By entering into the Agreement or using the BODbx Service, you agree to receive communications from us, including via e-mail, text message, calls, and push notifications. You agree that texts, calls, or prerecorded messages may be generated by automatic telephone dialing systems. Communications from us and our affiliated companies may include but are not limited to: operational communications concerning your use of the BODBX Service, updates concerning new and existing features on the BODBX Service, communications concerning new products or services, communications concerning promotions run by us or our third party partners, and news concerning BODBX and industry developments. Standard text messaging charges applied by your cell phone carrier will apply to text messages that we send. 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 PROMOTIONAL CALLS OR TEXTS, YOU MAY TEXT “STOP” 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 BODBX SERVICE OR RELATED SERVICES. IF YOU WISH TO OPT OUT OF ALL TEXTS OR CALLS FROM US (INCLUDING OPERATIONAL OR TRANSACTIONAL TEXTS OR CALLS), YOU CAN EMAIL US AT

support@thebodbox.com. HOWEVER, YOU ACKNOWLEDGE THAT OPTING OUT OF RECEIVING ALL TEXTS AND CALLS MAY IMPACT YOUR USE OF THE BODBX SERVICE OR RELATED SERVICES.

 

3.   PRIVACY

 

Our Privacy Policy forms a part of the Agreement. Please review the Privacy Policy located on the Site to learn about:

 

  • What information we may collect about you;
  • What we use that information for; and
  • With whom we share that

4.   REGISTRATION AND ACCOUNTS

 

To access the content and features of the BODbx Service through the Application, you must register as a member of the BODBX Service and have a log-in and profile on the BODbx Service (each an “Account”). You must provide complete and accurate registration information to BODbx when signing up for an Account and promptly notify us if any of your information changes. If you provide any information that is untrue, inaccurate, not current or incomplete, or BODbx has reasonable grounds to suspect that any information you provide is untrue, inaccurate, not current or incomplete, BODbx has the right to suspend or terminate your Account and refuse any and all current or future use of the BODbx Service (or any portion thereof). You agree not to create an Account using a false identity or information, or on behalf of someone other than yourself. BODbx reserves the right to remove or reclaim any usernames at any time and for any reason, including but not limited to, claims by a third party that a username violates the third party’s rights. You agree not to create an Account or use a BODbx Service if you have been previously banned from any BODbx Service.

 

Profile Information and Picture. You may not use someone else's name, or any name, location or other public profile information (including your picture) that violates any third party rights or that is offensive, obscene or otherwise objectionable (in BODbx’s sole discretion).

 

Account Security. You are responsible for all activity that occurs under your Account, including any activity by unauthorized users. You agree that you shall monitor your Account to restrict use by minors, and you will accept full responsibility for any unauthorized use of the BODBX Service under your Account by minors. You must safeguard the confidentiality of your password and not share your Account login or password with any third party, and log out of your Account after using the BODbx Service. If you become aware of an unauthorized access to your Account or any other breach of security, we recommend that you immediately change your password and notify us at support@thebodbox.com.

 

Necessary Equipment and Software. You must provide all equipment and software necessary to connect to the BODbx Service, including but not limited to, a mobile device that is suitable to connect with and use the BODBX Service. You are solely responsible for any fees, including Internet connection or mobile fees, that you incur when accessing the BODbx Service.

 

5.    SALE AND DELIVERY

 

Orders. BODbx accepts orders for the BODbx equipment, including the Device, that we may offer through the BODbx Site. Each part of any order that you submit to BODbx constitutes an offer to purchase. If you do not receive a message from BODbx confirming receipt of your order, please contact BODbx at support@thebodbox.com before re- entering your order. We may send an acknowledgment of receipt of your order and/or proof of purchase information through the BODbx Site or to your email address after your


payment has been processed. BODbx’s confirmation of receipt of your order does not constitute BODbx’s acceptance of your order. BODbx is only deemed to have accepted your order once the product(s) you ordered have been shipped. Unless otherwise specified at the time of purchase, you must pay for products when you place the order. All products ordered will be delivered to the U.S. shipping address you provide. We may cancel or deny an order placed by you at any time and for any lawful reason prior to our delivery of the product(s), including without limitation if a product is discontinued or otherwise becomes unavailable, and receipt of payment in full from you, provided that we will refund any fees that you prepaid for those products. Unfortunately, availability of products cannot be guaranteed. Please see our Site for further information about the products.

 

Shipping; Delivery. All shipping times shown on the Site are estimates only. Actual delivery dates may vary. Shipping, delivery, and installation of the products may be performed by BODbx’s authorized third party logistics partners and technicians (each, an “Authorized Third Party Partner”). Our Authorized Third Party Partner will reach out to you to schedule a delivery date for your purchased products. While BODbx will make a good faith effort to deliver the products, including the Device, in a timely manner, BODbx is not responsible or liable for any delays or failure in such delivery, including without limitation, delays based on weather or other events beyond BODbx’s reasonable control. Your order will be delivered to the delivery address you specify when placing your order. Orders cannot be delivered to PO Box or similar addresses.

 

6.   FEES AND PAYMENT TERMS

 

Payment. You agree to pay us, through our payment processor or financing party (as applicable), for all product orders in accordance with the prices and billing and payment terms in effect at the time the order is made. To submit an order for a product, you must provide valid payment information. By providing your payment information, you agree that BODbx is authorized to invoice your payment method for all fees and other charges as they become due and payable to BODbx hereunder and that no additional notice or consent is required. You agree to immediately notify BODbx of any change in your billing address, debit card, credit card or Paypal account used for payment.

 

Taxes. Unless otherwise specified at the time of purchase, all applicable shipping and handling costs, taxes and other charges, if any, are in addition to the prices shown for the products on the Site. If any order or payment under the Agreement is subject to Sales Tax in any jurisdiction, you will be responsible for such Sales Tax and BODbx will include the Sales Tax within the schedule of fees owed by you. For purposes of this section, “Sales Tax” shall mean any sales or use tax, and any other tax measured by sales proceeds that is the functional equivalent of a sales tax.

 

7.   DISCOUNTS AND PROMO CODES

 

Discounts and Promo Codes. We may, in our sole discretion, create discounts and promotional codes that may be redeemed for credit in your Account, or other features or benefits, subject to any additional terms that we establish on a per promotional code basis


(“Promo Codes”). Only Promo Codes sent to you through official BODbx communications channels are valid. You agree that Promo Codes: (i) must be used for the intended audience and purpose, and in a lawful manner; (ii) may not be duplicated, sold, or transferred in any manner, or made available to the general public (whether posted to a public forum or otherwise), unless expressly permitted by us; (iii) may be disabled by us at any time for any reason without liability to us; (iv) may only be used pursuant to the specific terms that we establish for such Promo Code; (v) are not redeemable for cash; and (vi) may expire prior to your use.

 

8.    TERM AND TERMINATION

 

Term. The Agreement commences on the date when you accept it (as described in the preamble above), or on the date you first used the BODbx Service if earlier, and remains in full force and effect while you use any of the BODbx Services unless terminated earlier in accordance with the Agreement.

 

Termination for Breach. BODbx may, in BODbx’s sole discretion, suspend, disable, or delete your Account (or any part thereof) or block or remove any of Your Content (defined below) if BODbx determines, in its sole discretion, that you have violated the Agreement or that your conduct or Your Content would tend to damage BODbx’s reputation and goodwill.

 

Effect of Termination / Account Deletion. Upon termination of the Agreement, all licenses granted by BODbx and your right to use the BODbx Service will automatically terminate. If your account is deleted for any reason, Your Content may no longer be available. BODbx will not have any liability whatsoever to you for any suspension or termination, including for deletion of Your Content. All provisions of the Agreement which by their nature should survive, shall survive termination of BODbx Services, including without limitation, ownership provisions, warranty disclaimers, and limitation of liability.

 

No Subsequent Registration. If your registration(s) with, or ability to access, the BODbx Service or any other BODbx services or community, is discontinued by BODbx due to your violation of any portion of the Agreement or for conduct otherwise inappropriate for the community, then you agree that you shall not attempt to re-register with or access the BODbx Service through use of a different member name or otherwise, and you acknowledge that you will not be entitled to receive a refund for fees related to those BODbx Service to which your access has been terminated, including a refund for the cost of the Device. In the event that you violate the immediately preceding sentence, BODbx reserves the right, in its sole discretion, to immediately take any or all of the actions set forth herein without any notice or warning to you.

 

9.   SUBMISSIONS AND CONTENT

 

User Content. Any video, image, graphics, photos, text, audio recording, content, materials, information, data, messages, tags, or other materials and works that a user uploads, posts, e-mails, transmits or otherwise makes available (“Makes Available”)


through the BODbx Service (“User Content”), whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such User Content. User Content includes, without limitation, any audio or video feed content transmitted through the BODbx Service when your Device camera is on. This means, and you agree, that you, and not BODbx, are entirely responsible for all User Content you Make Available through the BODbx Service (“Your Content”), and that other users of the BODbx Service, and not BODbx, are similarly responsible for their User Content. You acknowledge that all content, including User Content, Made Available or accessed by you using the BODbx Service is at your own risk and you will be solely responsible for any damage or loss to you or any other party resulting therefrom. We make no representations, warranties or guarantees with respect to any content, including without limitation User Content, that you Make Available or access on or through the BODbx Service.

 

Your Content. You represent that Your Content is accurate, complete, up-to-date, and in compliance with all applicable laws, rules and regulations. As between you and BODbx, you own all Your Content. When you Make Available Your Content on or in the BODbx Service, you represent that you own or have the right to use and Make Available Your Content. Please remember that other users may search for, see, hear and use any of Your Content that you submit to any “public” area of the BODbx Service or Make Available using your Device camera or any other content sharing feature of the BODbx Service. Any of Your Content that you Make Available may not contain nudity, violence, sexually explicit, or offensive subject matter as determined by BODbx in its sole discretion. Before using your Device camera, you are responsible for telling anyone within range of your Device’s camera, including members of your household and guests, that they may be seen and heard by BODbx. You may not post or submit a photograph of another person, or otherwise Make Available any of Your Content that includes the likeness of or audio or video content including another person without that person’s permission (or, if that person is minor, without the permission of his or her parent or legal guardian). If you permit any minors to be within range of your Device’s camera while you’re using the Device, you consent on their behalf, to the fullest extent permitted by law, to our use of their likeness and any other information collected through your Device camera in accordance with these Terms and our Privacy Policy.

 

License to Your Content. Subject to any applicable account settings that you select, you grant BODbx a worldwide, non-exclusive, sublicensable (through multiple tiers), transferable, royalty-free, fully-paid license and right (including any moral rights) to use, copy, record transmit, distribute, perform and display (through all media now known or later created), edit, modify, and make derivative works from Your Content for the purposes specified in our Privacy Policy and for operating and providing the BODbx Service. In addition, you waive any so-called “moral rights” or rights of privacy or publicity in your User Content. If applicable, you further grant your personal trainers permission to view and use Your Content for purposes relating to your personal training.

 

Usernames. Notwithstanding anything contained herein to the contrary, by submitting Your Content to any public area on the BODbx Service, you hereby expressly permit


BODbx to identify you by your username (which may be a pseudonym) as the contributor of Your Content in any publication in any form, media, or technology now known or later developed in connection with Your Content.

 

Feedback. If you make suggestions to BODbx or through the BODbx Service about improving or adding new features, products, services, or functionality to the BODbx Service or you otherwise provide feedback or testimonials (collectively, “Feedback”), you grant BODbx a worldwide, perpetual, irrevocable, non-exclusive, sublicensable (through multiple tiers), transferable royalty-free license and right to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner such Feedback without any compensation or other obligation to you. You represent and warrant that you have all rights necessary to submit the Feedback. You agree that submission of any Feedback is at your own risk and that BODbx has no obligations (including without limitation obligations of confidentiality) with respect to such Feedback.

 

10.   INTELLECTUAL PROPERTY OWNERSHIP

 

BODBX Service. Except with respect to Your Content and other User Content, you acknowledge and agree that BODbx and its suppliers own all right, title, and interest in and to the BODbx Service. You acknowledge that the BODbx Service contains software and other content that is protected by intellectual property and other proprietary rights, including copyrights, patents, trade secrets, and trademarks, and that these rights are protected and retained by BODbx in all forms, media, and technologies existing now or hereafter developed. All BODbx-generated content, and content provided to BODbx by our partners and licensors, is copyrighted individually and/or as a collective work under the U.S. copyright laws.

 

Trademarks. The BODbx name and logos and all affiliated properties, graphics, trademarks, service marks, trade dress, trade names, and designs used on or in connection with the BODbx Service are the exclusive property of BODbx, whether registered or unregistered, and may not be used in connection with any product or service that is not ours, or in any manner that is likely to cause confusion as to our endorsement, affiliation or sponsorship of any person, product, or service. Any other trademarks appearing on the BODbx Service are trademarks of their respective owners and their use is similarly restricted.

 

Our partners or service providers may also have additional proprietary rights in the content that they make available through the BODbx Service. All rights not expressly granted in the Agreement are reserved. Nothing contained on the BODbx Service should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of our trade names, trademarks, or other intellectual property without our express prior written consent.

 

11.   USER CONDUCT

In using the BODbx Service, you must behave in a civil and respectful manner at all times. You may not take any action or Make Available to any part of the BODbx Service any content or materials that:

  • Infringes, misappropriates, or otherwise violates any third party's intellectual property, proprietary, privacy, or publicity rights, or any;
  • Is sexually explicit content, obscene, or pornography;
  • Is threatening, abusive, harassing, hateful, defamatory, discriminatory, incites hatred against any individual or group, libelous, deceptive, fraudulent, invasive to another’s privacy, tortious, offensive, profane, or violent;
  • Harms or exploits minors;
  • Is unlawful or violent;
  • Depicts animal cruelty or violence towards animals;
  • Involves commercial activities or sales, such as contests, sweepstakes, barter, or advertising, without BODbx’s prior written consent, or promotes fraudulent schemes, multi-level marketing (MLM) schemes, get rich quick schemes, online gaming and gambling, cash gifting, work from home businesses, or any other dubious money-making ventures;
  • Constitutes unauthorized or unsolicited advertising, junk, or bulk e-mail;
  • Is deceptive, including among other things, by impersonating any person or entity, including any employee or representative of BODbx;
  • Interferes with or attempts to interfere with the proper functioning of the BODbx Service or uses the BODbx Service in any way not expressly permitted by the Agreement; or
  • Violates or is prohibited by any applicable

 

Additionally, you agree not to attempt to engage in or engage in any potentially harmful acts that are directed against the BODbx Service, including but not limited to violating or attempting to violate any security features of the BODbx Service, using manual or automated software or other means to access, “scrape,” “crawl” or “spider” any pages contained in the BODbx Service, introducing viruses, worms, or similar harmful code into the BODbx Service, or interfering or attempting to interfere with use of the BODbx Service by any other user, host or network, including by means of overloading, “flooding,” “spamming,” “mail bombing,” or “crashing” the BODbx Service.

 

You may not represent yourself to be an authorized reseller of the BODbx Service, or suggest any endorsement or partnership with BODbx, without our express prior written consent. To protect the intellectual property rights of BODbx and its suppliers, any resale of Products for personal and/or business profit is strictly prohibited (aside from the individual sale of a BODbx by a consumer who purchased the BODbx for personal use). BODbx reserves the right to decline any order that BODbx deems to possess characteristics of reselling.

 

12.   INVESTIGATIONS; RESERVATION OF RIGHTS

 

Although BODbx does not generally monitor user activity occurring in connection with the BODbx Service or User Content, BODbx does reserve the right to monitor all conduct on


and content submitted to the BODbx Service and investigate any possible violations of the Agreement or applicable laws or regulations.

 

BODbx reserves the right to: (a) remove or refuse to post any of Your Content for any or no reason in our sole discretion; (b) take any action with respect to any of Your Content that we deem necessary or appropriate in our sole discretion, including if we believe that such content violates the Agreement, infringes or otherwise violates any intellectual property, proprietary, privacy, or publicity rights of any person or entity, threatens the personal safety of users of the BODbx Service or the public, or could create liability for BODbx; (c) take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the BODbx Service; and (e) terminate or suspend your access to all or part of the BODbx Service for any or no reason, including without limitation, any violation of the Agreement.

 

BODbx is entitled, except to the extent prohibited by applicable law, to disclose any information or materials on or in the BODbx Service, including Your Content, in BODbx’s possession in connection with your use of the BODbx Service, to (i) comply with applicable laws, legal process or governmental request, (ii) enforce the Agreement, (iii) respond to any claims that Your Content violates the rights of third parties, (iv) respond to your requests for customer service, or (v) protect the rights, property, or personal safety of BODbx, its users or the public, and all enforcement or other government officials, as BODbx in its sole discretion believes to be necessary or appropriate.

 

13.   USER INTERACTIONS, DEALINGS WITH THIRD PARTIES

 

User Responsibility. You are solely responsible for your interactions with other BODbx Service users and any other party with whom you interact; provided, however, that BODbx reserves the right, but has no obligation, to intercede in disputes between you and such third parties. When interacting with other BODbx users, you should exercise caution and common sense to protect your personal safety and property, just as you would when interacting with other people you don’t know. Your participation, correspondence, or personal or business dealings with any third party found on or through the BODbx Service are solely between you and such third party/parties. You agree that BODbx is not responsible or liable for any loss, damage, injury, or other matters of any sort incurred as the result of such dealings and interactions.

 

Content Provided by Other Users. The BODbx Service may contain User Content provided by other users. BODbx is not responsible for and does not control User Content. BODbx has no obligation to review or monitor, and does not approve, endorse or make any representations or warranties with respect to, User Content. You use all User Content and interact with other users at your own risk.

 

Third Party Payment Services. BODbx uses Paypal as its third party provider for payment services (e.g., card acceptance, merchant settlement, and related services). By buying any BODbx Service, you agree to be bound by the Paypal terms of service and privacy policy as such terms and policies may be updated from time to time and hereby


consent and authorize BODbx and Paypal to share any information and payment instructions you provide to the minimum extent required to complete your transactions.

 

App Stores. You acknowledge and agree that the availability of the Application and the BODbx Service is dependent on the third party from whom you received the Application license, e.g., the Apple App Store, the Google Play Store (the “App Store”). You acknowledge that the Agreement is between you and BODbx and not with the App Store. BODbx, not the App Store, is solely responsible for the BODbx Service, the content thereof, maintenance, support services, and warranty therefor, and addressing any claims relating thereto (e.g., product liability, legal compliance or intellectual property infringement). In order to use the Application, you must have access to a wireless network, and you agree to pay all fees associated with such access. You also agree to pay all fees (if any) charged by the App Store in connection with the Application. You agree to comply with, and your license to use the Application is conditioned upon your compliance with all terms of agreement imposed by the applicable App Store when using the Application. You acknowledge that the App Store (and its subsidiaries) are third-party beneficiaries of the Agreement and will have the right to enforce it.

 

Accessing and Downloading the Application from the Apple App Store. The following applies to any App Store Sourced Application accessed through or downloaded from the Apple App Store:

 

  • You acknowledge and agree that (i) the Agreement is concluded between you and BODbx only, and not Apple, and (ii) BODbx, not Apple, is solely responsible for the App Store Sourced Application and content thereof. Your use of the App Store Sourced Application must comply with the App Store Terms of
  • You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store Sourced
  • In the event of any failure of the App Store Sourced Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App Store Sourced Application to you and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App Store Sourced Application. As between BODbx and Apple, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of
  • You and BODbx acknowledge that, as between BODbx and Apple, Apple is not responsible for addressing any claims you have or any claims of any third party relating to the App Store Sourced Application or your possession and use of the App Store Sourced Application, including, but not limited to: (i) product liability claims; (ii) any claim that the App Store Sourced Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar
  • You and BODbx acknowledge that, in the event of any third-party claim that the App Store Sourced Application or your possession and use of that App Store Sourced Application infringes that third party’s intellectual property rights, as between BODbx and

Apple, BODbx, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by the Agreement.

  • You and BODbx acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of the Agreement as related to your license of the App Store Sourced Application, and that, upon your acceptance of the terms and conditions of the Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce the Agreement as related to your license of the App Store Sourced Application against you as a third-party beneficiary
  • Without limiting any other terms of the Agreement, you must comply with all applicable third-party terms of agreement when using the App Store Sourced

 

Third Party Software and Applications. Downloading and/or installing any third party software and/or applications that are not expressly authorized by BODbx on the Device or any BODbx hardware is strictly forbidden; any such downloading or installation is done at your own risk and will void any applicable warranty or support commitments by BODbx.

 

Third Party Links, Content, and Materials. There may be links on the BODbx Service that let you access a site that is operated by a third party. BODbx will not warn you that you have left the BODbx Service and that you are then subject to the terms and conditions (including privacy policies) of another site or destination. BODbx neither controls nor endorses these sites, nor has, nor will, BODbx review, approve, monitor, warrant, or make any representations with respect to the third party sites, the content that appears on them, or any product or service provided in connection with them. You acknowledge that BODbx is not responsible for the legality, accuracy, or inappropriate nature of any content, advertising, products, services, or other materials on or available from any such third party sites, or any damage or loss caused or alleged to be caused by or in connection with the access or use of such third party sites. You use all links at your own risk. When you leave the BODbx Service, the Agreement and our policies no longer govern. You should review applicable terms and policies, including privacy and data gathering practices, of any third party sites and make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.

 

14.    INDEMNIFICATION

 

You agree to indemnify, defend, and hold harmless BODbx and our directors, officers, employees, suppliers, other customers, and agents (collectively, the “BODbx Parties”) from and against all claims, damages, losses, and costs (including reasonable attorneys’ fees) that arise from or relate to (i) your use of, or inability to use, the BODbx Service, (ii) Your Content, (iii) your violation of the Agreement, (iv) your violation of any rights of another party, including another user of the BODbx Service, or (v) your violation of any applicable laws, rules, or regulations. BODbx reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with BODbx in asserting any available


defenses. You agree that the provisions in this section will survive any termination of your Account, the Agreement and/or your access to the BODbx Service.

 

15.    DISCLAIMER OF WARRANTIES AND CONDITIONS

 

AS IS. YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW, BODBX PROVIDES THE BODBX SERVICE ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS, AND YOUR USE THE BODBX SERVICE IS AT YOUR OWN, SOLE RISK. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, PROVIDED BY BODBX WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. OTHER THAN AS EXPRESSLY PROVIDED IN WRITING BY BODBX IN CONNECTION WITH YOUR PURCHASE OF A BODBX PRODUCT (FOR EXAMPLE, THE DEVICE), BODBX PARTIES EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON- INFRINGEMENT, AND ANY OTHER WARRANTY THAT MIGHT ARISE UNDER ANY LAW WITH RESPECT TO THE BODBX SERVICE.

 

WITHOUT LIMITING THE FOREGOING, BODBX MAKES NO REPRESENTATIONS OR WARRANTIES:

  • THAT THE BODBX SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE;
  • THAT THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE BODBX SERVICE OR PRODUCTS WILL BE ACCURATE OR RELIABLE;
  • REGARDING THE QUALITY, EFFECTIVENESS, REPUTATION AND OTHER CHARACTERISTICS OF THE BODBX SERVICE OR PRODUCTS; OR
  • THAT THE BODBX SERVICE WILL BE WITHOUT DELAYS, CANCELLATION, OR OTHER

 

FROM TIME TO TIME, BODBX MAY OFFER NEW “BETA” FEATURES OR TOOLS THAT ITS USERS MAY TEST AND EVALUATE. SUCH FEATURES OR TOOLS ARE OFFERED SOLELY FOR EVALUATION PURPOSES AND WITHOUT ANY WARRANTY OF ANY KIND, AND MAY BE MODIFIED OR DISCONTINUED AT BODBX’S SOLE DISCRETION.

 

PRODUCTS. DESCRIPTIONS, IMAGES, REFERENCES, FEATURES, CONTENT, SPECIFICATIONS, PRODUCTS, PRICES, AND AVAILABILITY OF ANY PRODUCTS ARE SUBJECT TO CHANGE WITHOUT NOTICE. OUR CURRENT PRICES CAN BE FOUND ON THE SITE. WE MAKE REASONABLE EFFORTS TO ACCURATELY DISPLAY THE ATTRIBUTES OF OUR PRODUCTS, INCLUDING THE APPLICABLE COLORS AND SIZES; HOWEVER, THE ACTUAL COLOR AND SIZE YOU SEE WILL DEPEND ON YOUR COMPUTER, AND WE CANNOT GUARANTEE THAT YOUR COMPUTER WILL ACCURATELY DISPLAY SUCH COLORS OR SIZES. THE INCLUSION OF ANY PRODUCTS ON THE BODBX SERVICE AT A PARTICULAR TIME


DOES NOT IMPLY OR WARRANT THAT THESE PRODUCTS WILL BE AVAILABLE AT ANY TIME.

 

TO THE EXTENT ANY DISCLAIMER OF A WARRANTY IS PROHIBITED BY APPLICABLE LAW, ALL THE APPLICABLE WARRANTY WILL BE LIMITED IN DURATION TO A PERIOD OF 30 DAYS AFTER THE DATE ON WHICH YOU FIRST USED THE BODBX SERVICE, AND NO WARRANTIES WILL APPLY AFTER SUCH PERIOD.

 

16.    PROFESSIONAL ADVICE DISCLAIMER / MEDICAL DISCLAIMER

 

Professional Advice Disclaimer. THE BODBX SERVICE OFFERS HEALTH AND FITNESS INFORMATION AND IS DESIGNED FOR EDUCATIONAL AND ENTERTAINMENT PURPOSES ONLY. YOU SHOULD CONSULT YOUR PHYSICIAN BEFORE BEGINNING A NEW FITNESS PROGRAM. YOU SHOULD NOT RELY ON INFORMATION OR TRAINING PROGRAMS AVAILABLE IN OR VIA THE BODBX SERVICE, INCLUDING INFORMATION AND PROGRAMS TAILORED SPECIFICALLY FOR YOU, AS A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. IF YOU HAVE ANY CONCERNS OR QUESTIONS ABOUT YOUR HEALTH, YOU SHOULD ALWAYS CONSULT WITH A PHYSICIAN OR OTHER HEALTHCARE PROFESSIONAL. DO NOT DISREGARD, AVOID, OR DELAY OBTAINING MEDICAL OR HEALTH RELATED ADVICE FROM YOUR HEALTHCARE PROFESSIONAL BECAUSE OF INFORMATION AVAILABLE ON THE BODBX SERVICE OR COMMUNICATED TO YOU THROUGH THE BODBX SERVICE. THE USE OF INFORMATION PROVIDED THROUGH THE BODBX SERVICE IS SOLELY AT YOUR OWN RISK.

 

NOTHING STATED OR POSTED ON THE BODBX SERVICE OR AVAILABLE THROUGH THE BODBX SERVICE IS INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICAL OR COUNSELING CARE. FOR PURPOSES OF THE AGREEMENT, THE PRACTICE OF MEDICINE AND COUNSELING INCLUDES, WITHOUT LIMITATION, PSYCHIATRY, PSYCHOLOGY, PSYCHOTHERAPY, OR PROVIDING HEALTH CARE TREATMENT, INSTRUCTIONS, DIAGNOSIS, PROGNOSIS OR ADVICE. THE BODBX SERVICE IS CONTINUALLY UNDER DEVELOPMENT AND BODBX MAKES NO WARRANTY OF ANY KIND, IMPLIED OR EXPRESS, AS TO ITS ACCURACY, COMPLETENESS OR APPROPRIATENESS FOR ANY PURPOSE. IN THAT REGARD, DEVELOPMENTS IN MEDICAL RESEARCH MAY IMPACT THE HEALTH, FITNESS AND NUTRITIONAL ADVICE THAT APPEARS ON THE BODBX SERVICE. NO ASSURANCE CAN BE GIVEN THAT THE ADVICE CONTAINED IN THE BODBX SERVICE WILL ALWAYS INCLUDE THE MOST RECENT FINDINGS OR DEVELOPMENTS WITH RESPECT TO THE PARTICULAR MATERIAL.

 

Medical Disclaimer. In using the BODbx Service, you affirm that either your physician has approved your use of the BODbx Service or that all of the following statements are true: (i) no physician has ever informed you that you have a heart condition or that you should only do physical activities recommended by a physician; (ii) you have never felt


chest pain when engaging in physical activity; (iii) you have not experienced chest pain when not engaged in physical activity at any time within the past month; (iv) you have never lost your balance because of dizziness and you have never lost consciousness as a result of exertion; (v) you do not have a bone or joint problem that could be made worse by a change in your physical activity; (vi) your physician is not currently prescribing drugs for your blood pressure or heart condition; (vii) you do not have a history of high blood pressure; and (viii) you do not know of any other reason you should not exercise. You are responsible for providing accurate information and disclosing any health or medical issues.

 

BODbx may refuse or cancel your membership or deny you access to a BODbx Service if we determine that you have certain medical conditions or that the representations set forth above are untrue in any respect.

 

17.    LIMITATION OF LIABILITY

 

DISCLAIMER OF CERTAIN DAMAGES. YOU UNDERSTAND AND AGREE THAT TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE BODBX PARTIES WILL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, BUSINESS OR OTHER INTANGIBLE LOSSES OR PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, IN EACH CASE WHETHER OR NOT BODBX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE AGREEMENT OR THE BODBX SERVICE, INCLUDING ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE BODBX SERVICE, ON ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, COPYRIGHT, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY.

 

CAP ON LIABILITY. YOU UNDERSTAND AND AGREE THAT TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE BODBX PARTIES’ LIABILITY TO YOU OR ANY OTHER PARTY ARISING OUT OF OR IN CONNECTION WITH THE AGREEMENT OR THE BODBX SERVICE, INCLUDING ANY COMMUNICATIONS, INTERACTIONS, OR MEETINGS WITH OTHER USERS, WILL NOT EXCEED, IN THE AGGREGATE (FOR ALL CLAIMS), THE TOTAL AMOUNT ACTUALLY PAID BY YOU TO BODBX OVER THE THREE (3) MONTHS PRECEDING THE DATE YOUR FIRST CLAIM AROSE.

 

USER CONTENT. EXCEPT FOR BODBX’S OBLIGATIONS TO PROTECT YOUR PERSONAL DATA AS SET FORTH IN THE BODBX’S PRIVACY POLICY, BODBX ASSUMES NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY, OR FAILURE TO STORE ANY CONTENT (INCLUDING, BUT NOT LIMITED TO, YOUR CONTENT AND ANY OTHER USER CONTENT), USER COMMUNICATIONS OR PERSONALIZATION SETTINGS.


EXCLUSION OF DAMAGES; BASIS OF THE BARGIN. IF YOU LIVE IN A JURISDICTION THAT DOES NOT ALLOW CERTAIN EXCLUSIONS OR LIMITATIONS OF LIABILITY, THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. TO THE EXTENT THAT ANY ASPECT OF THE LIMITATIONS SET FORTH ABOVE DOES NOT APPLY, ALL REMAINING ASPECTS SURVIVE. THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN BODBX AND YOU.

 

18.   COPYRIGHT / DMCA POLICY

 

BODbx respects the intellectual property of others, and we ask our users to do the same. Each user is responsible for ensuring that their User Content does not infringe or misappropriate any third party copyright or other intellectual property rights.

 

It is BODbx’S policy to terminate membership privileges of any user who repeatedly infringes copyright upon prompt notification to BODbx by the copyright owner or the copyright owner’s legal agent.

 

Filing a DMCA Notice to Remove Copyrighted Content - for copyright owners and legal agents. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our Copyright Agent with a written notice containing the following information:

  1. Your name, address, telephone number, and email
  2. A description of the copyrighted work that you claim has been
  3. A description of where on the BODbx Site the material that you claim is infringing may be found, sufficient for BODbx to locate the material (e.g., the URL).
  4. A statement that you have a good faith belief that the use of the copyrighted work is not authorized by the copyright owner, its agent, or the law.
  5. A statement by you under penalty of perjury that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's
  6. Your electronic or physical

 

You may submit this information, or any counter notice, to BODbx’S Copyright Agent via:

 

  • Email, with the subject line “DMCA Notices” to: support@thebodbox.com
  • Offline: BodBox, Inc. / 7902 Tysons One Place #2817, McLean, VA 22101 USA / Attn: President

 

BODbx may disclose any communications concerning DMCA notices or other intellectual property complaints with third parties, including the users who have posted the allegedly infringing material.

 

If you have questions about the legal requirements of a DMCA notice, please contact an attorney or see Section 512(c)(3) of the U.S. Copyright Act, 17 U.S.C. § 512(c)(3), for more information. If you have questions about the legal requirements of a DMCA counter-


notification, please contact an attorney or see Section 512(g)(3) of the U.S. Copyright Act, 17 U.S.C. § 512(g)(3), for more information.

 

19.    ARBITRATION CLAUSE & CLASS ACTION WAIVER

 

Please read the following arbitration agreement in this section (“Arbitration Agreement”) carefully. It requires you to arbitrate disputes with BODBX and limits the manner in which you can seek relief from us.

 

Applicability of Arbitration Agreement. You agree that any dispute, claim, or request for relief relating in any way to your access or use of the BODbx Service, to any products sold or distributed through the BODbx Service, or to any aspect of your relationship with BODbx, will be resolved by binding arbitration, rather than in court, except that (a) you may assert claims or seek relief in small claims court if your claims qualify; and (b) you or BODbx may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). This Arbitration Agreement shall apply, without limitation, to all disputes or claims and requests for relief that arose or were asserted before the effective date of the Agreement or any prior version of the Agreement.

 

Arbitration Rules and Forum. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your dispute or claim or request for relief to our registered agent, United States Corporation Agents, at 300 Delaware Avenue, Suite 210-A, Wilmington, Delaware 19801. The arbitration will be conducted by JAMS, an established alternative dispute resolution provider. Disputes involving claims, counterclaims, or request for relief under $250,000, not inclusive of attorneys’ fees and interest, shall be subject to JAMS’s most current version of the Streamlined Arbitration Rules and procedures available at http://www.jamsadr.com/rules-streamlined-arbitration/; all other disputes shall be subject to JAMS’s most current version of the Comprehensive Arbitration       Rules and     Procedures,                       available          at                       http://www.jamsadr.com/rules- comprehensive-arbitration/. JAMS’s rules are also available at www.jamsadr.com or by calling JAMS at 800-352-5267. If JAMS is not available to arbitrate, the parties will select an alternative arbitral forum. If the arbitrator finds that you cannot afford to pay JAMS’s filing, administrative, or hearing fees and cannot obtain a waiver from JAMS, BODbx will pay them for you. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the country where you live or at another mutually agreed location. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

 

Authority of Arbitrator. The arbitration will decide the rights and liabilities, if any, of you and BODbx. The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum’s rules, and the Agreement (including


the Arbitration Agreement). The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and us.

 

Waiver of Jury Trial. YOU AND BODBX HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A

JUDGE OR A JURY. You and BODbx are instead electing that all disputes, claims, or requests for relief shall be resolved by arbitration under this Arbitration Agreement, except as under the “Applicability of Arbitration Agreement” section above. An arbitrator can award on an individual basis the same damages and relief as a court and must follow the Agreement as a court would. However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.

 

Waiver of Class or Other Non-Individualized Relief. ALL DISPUTES, CLAIMS, AND REQUESTS FOR RELIEF WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS OR COLLECTIVE BASIS, ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If a decision

is issued stating that applicable law precludes enforcement of any of this section’s limitations as to a given dispute, claim, or request for relief, then such aspect must be severed from the arbitration and brought into the State or Federal Courts located in the State of New York. All other disputes, claims, or requests for relief shall be arbitrated.

 

30-Day Right to Opt Out. You have the right to opt out of the provisions of this Arbitration Agreement by sending written notice of your decision to opt out to support@thebodbox.com, within thirty (30) days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address, your BODbx username (if any), the email address you used to set up your BODbx account (if you have one), and an unequivocal statement that you want to opt out of this Arbitration Agreement. If you opt out of this Arbitration Agreement, all other parts of the Agreement 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.

 

Severability. Except as provided under the “Waiver of Class or Other Non-Individualized Relief” section above, if any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect.

 

Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with BODbx.


Modification. Notwithstanding any provision in the Agreement to the contrary, we agree that if BODbx makes any future material change to this Arbitration Agreement, you may reject that change within thirty (30) days of such change becoming effective by writing BODbx at the following address: BodBox, Inc., 7902 Tysons One Place #2817, McLean, VA 22101 USA, Attn: President.

 

20.   GOVERNING LAW

 

The Agreement and any dispute or request for relief relating in any way to the Agreement will be governed by the laws of the State of Delaware, United States of America, without giving effect to any conflicts of law principles that would require the application of the law of any other jurisdiction. The Uniform Commercial Code, the Uniform Computer Information Transaction Act, and the United Nations Convention of Controls for International Sale of Goods will not apply.

 

21.   INTERNATIONAL USERS

 

The BODbx Service can be accessed from countries around the world and may contain references to services and content that are not available in your country. These references do not imply that BODbx intends to announce such service or content in your country. The BODbx Service is controlled and offered by BODbx from its facilities in the United States of America. BODbx makes no representations that the BODbx Service is appropriate or available for use in other locations. Those who access or use the BODbx Service from other countries do so at their own volition and are responsible for compliance with local law.

 

22.   GENERAL PROVISIONS

 

Interpretation; Severability; Waiver; Remedies. Headings are for convenience only and will not be used to construe the terms of the Agreement. If any term of the Agreement is found invalid or unenforceable by any court of competent jurisdiction, that term will be severed from the Agreement. No failure or delay by BODbx in exercising any right hereunder will waive any further exercise of that right. BODbx’s rights and remedies hereunder are cumulative and not exclusive.

 

Successors; Assignment; No Third Party Beneficiaries. The Agreement is binding upon and will inure to the benefit of both parties and their respective successors, heirs, executors, administrators, personal representatives, and permitted assigns. You may not assign or transfer the Agreement without BODbx’s prior written consent. Unless explicitly stated otherwise, no third party has any rights hereunder. BODbx may assign our rights, obligations and/or the Agreement at any time in our sole discretion without notice to you.

 

Notices. You consent to receive all communications including notices, agreements, disclosures, or other information from BODbx electronically. BODbx may communicate by email or by posting to the BODbx Service. For support-related inquiries, you may email


support@thebodbox.com. For all other notices to BODbx, you must write to the following address:

 

BodBox, Inc.

 

7902 Tysons One Place #2817 McLean, VA 22101 USA

Attn: President

 

Nothing in the Agreement or otherwise limits BODbx’s right to object to subpoenas, claims, or other demands. For contractual purposes, you (a) consent to receive communications from BODbx in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that BODbx provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights, including but not limited to the Electronic Signatures in Global and National Commerce Act at 15 U.S.C. §7001 et seq. (“E-Sign”).

 

Force Majeure. BODbx shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials, pandemics, epidemics, or governmental orders.

 

Questions, Complaints, Claims. If you have any questions, complaints or claims with respect to the BODBX Service, please contact us at: BodBox, Inc., 7902 Tysons One Place #2817, McLean, VA 22101, Attn: President or by email at support@thebodbox.com. We will do our best to address your concerns. If you feel that your concerns have been addressed incompletely, we invite you to let us know for further investigation.

 

Export Control. By using the BODbx Service, you represent and warrant that (a) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country and (b) you are not listed on any U.S. Government list of prohibited or restricted parties. You acknowledge and agree that products, services or technology provided by BODbx are subject to the export control laws and regulations of the United States. You shall comply with these laws and regulations and shall not, without prior U.S. government authorization, export, re-export, or transfer BODbx devices, products, services or technology, either directly or indirectly, to any country in violation of such laws and regulations.

 

Entire Agreement. The Agreement incorporates these Terms of Service and the Privacy Policy by reference, as well as any other policies or procedures referenced herein that are posted to the BODbx Service from time to time. The Agreement represents the entire


understanding between BODbx and you and supersedes all prior agreements and understandings regarding the same.