Terms of Service

Welcome to www.wearebod.com (“Site”). By using this Site or using any of the services provided by We Are BOD Inc. (“BOD”, “we,” “us”, “our”) through the Site or in one of our stores (“Services”), you acknowledge that you (“You”, “User”) have read and understand these Terms of Service (“Terms”) and agree to abide by all applicable laws and regulations (“Applicable Laws”) related to your access and use the Services.

To use the Services, you must be at least 18 years old and agree to these Terms completely. Our Services ae not marketed to and are not intended for those under 18 years old without parental consent. If you do not accept these Terms, you must not access or use the Services. Your access to or use of the Services indicates your acceptance of these Terms and representation that you are 18 or older. We retain the right to modify these Terms at any time. Please review these terms periodically to ensure your acceptance.

PLEASE BE AWARE THAT THESE TERM 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 YOUR ACCEPTANCE OF THESE TERMS. 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 OR CLAIMS AND SEEK RELIEF AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING; AND (2) YOU ARE WAIVING YOUR RIGHT TO PURSUE DISPUTES OR CLAIMS AND SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL.

1. Accounts

(a) Account Creation. To use certain Services, you must register for an account (“Account”) and provide certain information about yourself as prompted by the account registration form. You represent and warrant that: (a) all required registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information. You may delete your Account at any time, for any reason, by following the instructions on the Site. We may suspend or terminate your Account in accordance with these Terms.

(b) Account Responsibilities. You are responsible for maintaining the confidentiality of your Account login information and are fully responsible for all activities that occur under your Account. You may not allow others to use your Account; this includes furnishing your username and password to third-party developed applications or sharing with other individuals. You agree to immediately notify us of any unauthorized use, or suspected unauthorized use of your Account or any other breach of security. We cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.

2. Memberships

(a) Registration. Upon registering for an account, you will eligible to gain access to our Services (“Membership”). You must provide complete and accurate registration information, complete the Membership process, and notify us if any of your information changes. Membership pricing, duration, content, features, and other Membership information will be made available on the Site and may be subject to change at any time.

(b) Individual Personal Membership. Memberships are made available on an individual basis. Only one person may hold a Membership. Any violation of this provision may result in a fee increase, suspension of your Account, and/or termination of your Account.

3. No Patient or Client Relationship; No Medical Advice.

We do not provide medical advice or diagnosis of disease and the information we provide is not intended to replace or substitute for medical advice from your doctor or healthcare provider. Your use of our services does not create a patient or client relationship between you and BOD. The information we provide should not be used to alter your existing medical treatment, medication regimen, or healthcare activities without consulting your doctor or healthcare provider. If you require urgent care, you should contact emergency services.

4. Risks of Using Services.

You may experience discomfort as part of receiving Services. Certain Services may expose you to some amount of radiation in the form of x-rays. The information provided by our Services may not be positive or may be information that will be a surprise to you. While we make every effort to ensure the accuracy of our Services, we cannot guarantee that the Services will be 100 percent accurate or error-free. Our Services are intended to provide one aspect of your overall health. You should not use our Services as the sole factor in making health or medical decisions. You should always discuss your health with your doctor.

5. Other Products.

We may make available and provide integrations with other listings, descriptions, images of goods, services, organizations, memberships, or communities with other (collectively, “Products”), as well as references and links to Products. Such Products may be made available by us or by third parties, and may be made available for any purpose, including general information purposes. Those Products may have terms of use that are different from these Terms. You should review and acknowledge consent to the other terms prior to usage of those Products. We make no representations as to the completeness, accuracy, reliability, validity or timeliness of such listings, descriptions or images (including any features, specifications, and prices contained therein). Such information and the availability of any Product are subject to change at any time without notice and may be at the discretion of the third party.

6. Disclaimer of Warranties and Limitation of Liability

All information provided through our Services is provided “AS IS” without warranties or representations of accuracy. BOD disclaims all warranties, express or implied, including any warranties of merchantability, fitness for a particular purpose, and non-infringement, to the fullest extent allowed by Applicable Laws. The information on the Site may only be accurate as of the date it was posted and BOD is not responsible for updating it. Your use of the Site and our Services is at your own risk.

Any communication or material you transmit to us is transmitted on a non-confidential basis, unless otherwise explicitly indicated. We have no obligation not to use the communication or material for any purpose, to the fullest extent allowed by Applicable Laws.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL WE (OR OUR SUPPLIERS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS, LOST DATA, COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS, OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF, OR INABILITY TO USE, THE SERVICES, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF THE SERVICES IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR LOSS OF DATA RESULTING THEREFROM.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THESE TERMS (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO A MAXIMUM OF FIFTY US DOLLARS (U.S. $50). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT. YOU AGREE THAT OUR SUPPLIERS WILL HAVE NO LIABILITY OF ANY KIND ARISING FROM OR RELATING TO THESE TERMS.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

7. No Support or Maintenance

You acknowledge and agree that BOD will have no obligation to provide you with any support or maintenance in connection with our Site or Services. BOD reserves the right, at any time, to modify, suspend, or discontinue our Services (in whole or in part) with or without notice to you. You agree that BOD will not be liable to you or to any third party for any modification, suspension, or discontinuation of our Services.

8. Intellectual Property: Copyrights & Trademarks

Copyright © 2023 We Are BOD Inc. All rights reserved. All trademarks, logos, and service marks (“Marks”) displayed on the Site or in-store, regardless of whether or not they appear in large print or with a trademark symbol are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks. The entire content of our Site, including any images, text graphics, videos, and other data, is protected by copyright. Use, reproduction, copying, or redistribution of these trademarks without the written permission of BOD is prohibited. There are no implied licenses granted under these Terms.

9. Restrictions on Use

The rights granted to you in these Terms are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Services, whether in whole or in part, or any content displayed on the Site; (b) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Site or our Services; (c) you shall not access the Site to build a similar or competitive website, product, or service; and (d) except as expressly stated herein, no part of the Site or our Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. Unless otherwise indicated, any future release, update, or other addition to functionality of our Services shall be subject to these Terms.

10. Notice of Copyright Infringement

Company respects the intellectual property of others and asks that users of our Site do the same. In connection with our Site, we have adopted and implemented a policy consistent with the Digital Millennium Copyright Act of 1998 (the “DMCA”) respecting copyright law that provides for the removal of any infringing materials and for the termination, in appropriate circumstances, of users of our Site who are repeat infringers of intellectual property rights, including copyrights. If you believe that information on our Site is unlawfully infringing the copyright(s) in a work, and wish to have the allegedly infringing material removed, the following information in the form of a written notification (pursuant to 17 U.S.C. § 512(c) of the DMCA”) must be provided to our designated Copyright Agent:

  1. your physical or electronic signature;
  2. identification of the copyrighted work(s) that you claim to have been infringed;
  3. identification of the material on our Services that you claim is infringing and that you request us to remove;
  4. sufficient information to permit us to locate such material;
  5. your address, telephone number, and e-mail address;
  6. a statement that you have a good faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law; and
  7. a statement that the information in the notification is accurate, and under penalty of perjury, that you are either the owner of the copyright that has allegedly been infringed or that you are authorized to act on behalf of the copyright owner.

Please note that, pursuant to 17 U.S.C. § 512(f) of the DMCA, any misrepresentation of material fact (falsities) in a written notification automatically subjects the complaining party to liability for any damages, costs and attorney’s fees incurred by us in connection with the written notification and allegation of copyright infringement.

The designated Copyright Agent for Company is: Jeff Wills

Address of Agent: Legal Dept., 1501 Main Street, #102, Venice, CA 90291

Email: legal@wearebod.com

11. Your Content and Information

You acknowledge and agree that all information, material, comments, and all other content uploaded, posted, or transmitted by you through or to the Site (“Information“) is your sole responsibility. You agree that: (1) your Information is true, complete, accurate, and non-infringing of any other person’s rights and you will promptly update or correct any Information on becoming aware of any errors or inaccuracies and will provide us with such assistance as may reasonably require to identify and remedy any unauthorized use of Information; (2) you have elected to transmit through, or otherwise upload material to, the Site or applications in your sole discretion and you are solely responsible for any claims or allegations contained in any Information transmitted or uploaded; (3) we may in our absolute discretion at any time and without notice to you remove, cause to be removed, or decline to display any Information on the Site; and (4) we will be under no obligation to monitor or censor Information that appears on the Site, but reserve the right to do so.

By transmitting or uploading any Information you hereby grant to us, free of charge and on a non-exclusive basis, a perpetual, royalty-free, transferable license to use the Information in any way, in and on any media, including the right to modify and adapt the Information or use your de-identified Information. You warrant that any Information transmitted through, or uploaded to, the Site complies with these Terms and you will be liable to us for any loss or damage they suffer as a result of a breach of this warranty.

If you become aware of any information which contravenes or potentially contravenes the Terms, please let us know by emailing info@wearebod.com. BOD reserves the right to disclose your identity to any party claiming Information transmitted by you through, or uploaded by you to, the Site or its applications constitutes a violation of their intellectual property rights or of their right to privacy.

12. Third Party Sites and Other Applications

(a) Third Party Links & Ads. The Site may contain links to third-party websites and services, and/or display advertisements for third parties (collectively, “Third-Party Links & Ads”). Such Third-Party Links & Ads are not under our control, and we are not responsible for any Third-Party Links & Ads. We provide access to these Third-Party Links & Ads only as a convenience to you, and do not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Links & Ads. You use all Third-Party Links & Ads at your own risk, and should apply a suitable level of caution and discretion in doing so. When you click on any of the Third-Party Links & Ads, the applicable third party’s terms and policies apply, including the third party’s privacy and data gathering practices. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction in connection with such Third-Party Links & Ads.

(b) Release. You hereby release and forever discharge BOD (and our officers, employees, agents, successors, and assigns) from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, the Services (including any interactions with, or act or omission of, other users or any Third-Party Links & Ads). You understand that by using our Services, you may be exposed to a variety of hazards and risks, foreseen or unforeseen, including risks that arise as a result of entering a public space or any other space or environment in which the Services are made available, performing physical activity, and/or using our Services. You understand that injuries or damage could occur by natural causes or activities of other persons, including the activities of other persons participating or other third parties, whether as a result of negligence or otherwise. To the fullest extent permitted by applicable law, you voluntarily assume all risk of loss, damage, and injury to person or property that may arise from, or that is related to, your use of the Services, whether such risk is known or unknown to you. You agree that this release is binding upon you and your heirs, executors, administrators, successors and assigns.

IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”

13. Severability

If any part or parts of these Terms 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 Terms shall continue in full force and effect.

14. Dispute Resolution.

Please read this Section (sometimes referred to herein as this “Arbitration Agreement”) carefully. It is part of your contract with Company and affects your rights. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.

  • Applicability of Arbitration Agreement. All claims and disputes (excluding claims for injunctive or other equitable relief as set forth below) in connection with these Terms or the use of any product or Service provided by the us that cannot be resolved informally or in small claims court shall be resolved by binding arbitration on an individual basis under the terms of this Arbitration Agreement. Unless otherwise agreed to, all arbitration proceedings shall be held in English. This Arbitration Agreement applies to you, BOD, and to any subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of Services or Products provided under these Terms.
  • Notice Requirement and Informal Dispute Resolution. Before either party may seek arbitration, the party must first send to the other party a written Notice of Dispute (“Notice”) describing the nature and basis of the claim or dispute, and the requested relief. A Notice to the BOD should be sent to: We Are BOD Inc, attention: Legal, 1501 Main Street, #102, Venice, CA 90291. After the Notice is received, you and BOD may attempt to resolve the claim or dispute informally. If you and BOD do not resolve the claim or dispute within thirty (30) days after the Notice is received, either party may begin an arbitration proceeding. The amount of any settlement offer made by any party may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award, if any, to which either party is entitled.
  • Arbitration Rules. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement. 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. Each party shall bear its own costs (including attorney’s fees) and disbursements arising out of the arbitration and shall pay an equal share of the fees and costs of the ADR Provider.
    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 arbitrator shall have exclusive authority to (i) determine the scope and enforceability of this Arbitration Agreement and (ii) resolve any dispute related to the interpretation, applicability, enforceability or formation of this Arbitration Agreement including, but not limited to, any assertion that all or any part of this Arbitration Agreement is void or voidable. The arbitration will decide the rights and liabilities, if any, of you and BOD. 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 these Terms (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 BOD 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 BOD are instead electing that all disputes, claims, or requests for relief shall be resolved by arbitration under this Arbitration Agreement, except as specified in Section 14.2(a) (Applicability of Arbitration Agreement) above. An arbitrator can award on an individual basis the same damages and relief as a court and must follow these Terms 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 California. 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: legal@wearebod.com, within thirty (30) days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address, your username (if any), the email address you used to set up your 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 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.
  • Severability. Except as provided in Section of these Terms entitled Waiver of Class or Other Non-Individualized Relief, 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 Company.

15. Modification.

Notwithstanding any provision in these Terms to the contrary, we agree that if we make any future material change to this Arbitration Agreement, you may reject that change within thirty (30) days of such change becoming effective by writing Company at the following address: legal@wearebod.com.

16. Choice of Law

The laws of California, U.S.A., excluding California’s conflict of laws rules, will apply to any disputes arising out of or relating to these Terms.

17. Notice to California Residents.

If you are a California resident, then under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at +1-800-952-5210 in order to resolve a complaint regarding the Services or to receive further information regarding use of the Services.

18. No Third Party Beneficiaries.

Nothing contained in these Terms is meant or intended to confer any rights, remedies, or benefits upon any third party. We may transfer our rights and obligations under the Terms to another organization. You may only transfer your rights or obligations under the Terms to another person if we agree to this in writing.

19. Indemnity

To the maximum extent permitted by Applicable Laws, you agree to indemnify, defend, and hold harmless BOD, its officers, directors, employees, agents, subsidiaries, and affiliates (the “Indemnitees”) from and against all third-party complaints, charges, claims, losses, expenses, damages, costs, liabilities, and expenses (including, but not limited to, reasonable attorneys’ fees) due to, arising out of, or relating in any way to: (1) your access to or use of, or inability to access or use, our Services; (2) your breach of these Terms, in each case unless caused by such Indemnitee’s misrepresentation, gross negligence, willful misconduct, or fraud; or (3) your violation of Applicable Laws; or (4) your user content. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defense. You agree not to settle any matter without the prior written consent of BOD. We will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

20. Termination

These Terms are effective unless and until terminated by either you or BOD. You may terminate the Terms at any time, provided that you discontinue any further use of our Services. BOD also may terminate the Terms, in its sole discretion, at any time and may do so immediately and without notice, and accordingly deny you access to our Services. BOD will not have any liability whatsoever to you for any termination of your rights under these Terms.

21. Electronic Communications

The communications between you and BOD may use electronic means, whether you use our Site or send us emails, or whether BOD posts notices on our Site or communicates with you via email. For contractual purposes, you (a) consent to receive communications from us in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if they were in a hardcopy writing. The foregoing does not affect your non-waivable rights.

22. Entire Terms

These Terms constitute the entire agreement between you and us regarding the use of our Services. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. The word “including” means “including without limitation”. Neither party is an agent or partner of the other. These Terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without BOD’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. We may freely assign these Terms.

23. Contacting Us

If there are any questions regarding these terms of service you may contact us using the information below.

https://www.wearebod.com

info@wearebod.com
We Are BOD Inc.
1501 Main Street #102
Venice, CA 90291
United States

Last Updated: 9 January 2024

To top