Last Updated: November 14, 2022
Please read these Terms of Service carefully as they contain important information about your legal rights, remedies and obligations. By accessing or using the Bodbite Platform, you agree to comply with and be bound by these Terms of Service.
Please note: Section 19 of these Terms of Service contains an arbitration clause and class action waiver that applies to all Bodbite Members. If you reside in the United States, this provision applies to all disputes with Bodbite. If you reside outside of the United States, this provision applies to any action you bring against Bodbite in the United States. It affects how disputes with Bodbite are resolved. By registering for an account and accepting these Terms of Service, you agree to be bound by this arbitration clause and class action waiver. Please read it carefully.
Thanks for using Bodbite!
These Terms of Service ("Terms") constitute a legally binding agreement ("Agreement") between you and Bodbite (as defined below) governing your access to and use of the Bodbite website, including any subdomains thereof, and any other websites owned or operated by Bodbite (collectively, "Site") and all associated services (collectively, "Bodbite Services"). The Site and Bodbite Services together are hereinafter collectively referred to as the “Bodbite Platform”. Our other policies applicable to your use of the Bodbite Platform are incorporated by reference into this Agreement.
When these Terms mention “Bodbite,” “we,” “us,” or “our,” it refers to Bodbite which is owned and part of Bodbite Inc.
Our collection and use of personal information in connection with your access to and use of the Bodbite Platform is described in our Privacy Policy.
Home Gym Service(s)(as defined below) alone are responsible for identifying, understanding, and complying with all laws, rules and regulations that apply to their Listings (as defined below) and Gym Services(as defined below). For example, some cities have laws that restrict Home Gyms ability to provide certain Home Gym Services. In many cities, Home Gyms may have to register, get a permit or obtain a license before operating their Home Gym. Home gyms are alone responsible for identifying and obtaining any required licenses, permits, or registrations for any Home Gym Service(s) they offer. Certain types of Home Gym Service(s) may be prohibited altogether. Penalties may include fines or other enforcement. We provide some information in our Help Center to help you identify some of the obligations that apply to you. This information is provided as a convenience only and is not intended to be legal advice. If you have questions about how local laws apply to your Listing(s) and Home Gym Service(s) on Bodbite, you should always seek legal guidance.
1.1 Our Services provide a platform for members to discover home gyms, arrange for workout bookings, engage in fitness activities and communicate with one another. Bodbite is not a party to, has no involvement or interest in, makes no representations or warranties as to, and has no responsibility or liability with respect to any communications, transactions, interactions, disputes or any relations whatsoever between you and any other member, person or organization. You are solely responsible for your interactions with other members of our Services. We reserve the right, but have no obligation, to monitor interactions between you and other members of our Services.
Remember, Bodbite is just a platform that enables you to communicate and interact with others in the fitness industry. We cannot be responsible for the interactions that you have with other Bodbite members, so please use good judgment and keep safety in mind when you use our Services.
1.2 The Bodbite Platform is an online marketplace that enables registered users (“Members”) and certain third parties who offer services (Members and third parties who offer services are “Home Gyms” and the services they offer are “Home Gym Services”) to publish such Home Gym Services on the Bodbite Platform (“Listings”) and to communicate and transact directly with Members that are seeking to book such Home Gym Services (Members using Home Gym Services are “Athletes”). Home Gym Services may include the offering of other services such as fitness equipment ("Gym Services"), and a variety of other fitness and non-fitness related services.
1.3 As the provider of the Bodbite Platform, Bodbite does not own, create, sell, resell, provide, control, manage, offer, deliver, or supply any Listings or Home Gym Services. Home Gyms alone are responsible for their Listings and Home Gym Services. When Members make or accept a booking, they are entering into a non-binding agreement directly with each other. Bodbite is not and does not become a party to or other participant in any contractual relationship between Members, nor is Bodbite a broker or insurer.
1.4 While we may (at our own discretion) help facilitate the resolution of disputes, Bodbite has no control over and does not guarantee (i) the existence, quality, safety, suitability, or legality of any Listings or Home Gym Services, (ii) the truth or accuracy of any Listing descriptions, Ratings, Reviews, or other Member Content (as defined below), or (iii) the performance or conduct of any Member or third party. Bodbite does not endorse any Member, Listing or Home Gym Services. Any references to a Member being "verified" (or similar language) only indicate that the Member has completed a relevant verification process and nothing else. Any such description is not an endorsement, certification or guarantee by Bodbite about any Member, including of the Member's identity or background or whether the Member is trustworthy, safe or suitable. You should always exercise due diligence and care when deciding whether to book a Home Gym or use other Home Gym Services, accept a booking request from an Athlete, or communicate and interact with other Members, whether online or in person. Verified Reviews are intended only to indicate Member feedback from past bookings, and are therefore not an endorsement by Bodbite of any Home Gym or Listing.
1.5 Bodbite is merely a communication platform, therefore if you List your Home Gym or Home Gym Services, your relationship with Bodbite is not a contractual one, you are not an employee, agent, joint venturer or partner of Bodbite for any reason, and you act exclusively on your own behalf and for your own benefit, and not on behalf, or for the benefit, of Bodbite.
1.6 To promote the Bodbite Platform and to increase the exposure of Listings to potential Athletes (as defined below), Listings and other Member Content (as defined below) may be displayed on other websites, in applications, within emails, and in online and offline advertisements.
1.7 The Bodbite Platform may contain links to third-party websites or resources (“Third-Party Services”). Such Third-Party Services may be subject to different terms and conditions and privacy practices. Bodbite is not responsible or liable for the availability or accuracy of such Third-Party Services, or the content, products, or services available from such Third-Party Services. Links to such Third-Party Services are not an endorsement by Bodbite of such Third-Party Services.
1.8 Due to the nature of the Internet, Bodbite cannot guarantee the continuous and uninterrupted availability and accessibility of the Bodbite Platform. Bodbite may restrict the availability of the Bodbite Platform or certain areas or features thereof, if this is necessary in view of capacity limits, the security or integrity of our servers, or to carry out maintenance measures that ensure the proper or improved functioning of the Bodbite Platform. Bodbite may improve, enhance and modify the Bodbite Platform and introduce new Bodbite Services from time to time.
2.1 You must be at least 18 years old and able to enter into legally binding contracts to access and use the Bodbite Platform or register an Bodbite Account. By accessing or using the Bodbite Platform you represent and warrant that you are 18 or older and have the legal capacity and authority to enter into a contract.
2.2 You will comply with any applicable export control laws in your local jurisdiction. You also represent and warrant that (i) neither you nor your Bodbite Service(s) are located or take place 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 (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
2.3 Bodbite may make the access to and use of the Bodbite Platform, or certain areas or features of the Bodbite Platform, subject to certain conditions or requirements, such as completing a verification process, meeting specific quality or eligibility criteria, meeting Ratings or Reviews thresholds, or booking and cancellation history.
2.4 User verification on the Internet is difficult and we do not assume any responsibility for the confirmation of any Member’s identity. Notwithstanding the above, for transparency and fraud prevention purposes, and as permitted by applicable laws, we may, but have no obligation to (i) ask Members to provide a form of government identification or other information or undertake additional checks designed to help verify the identities or backgrounds of Members.
2.5 The access to or use of certain areas and features of the Bodbite Platform may be subject to separate policies, standards or guidelines, or may require that you accept additional terms and conditions. If there is a conflict between these Terms and terms and conditions applicable to a specific area or feature of the Bodbite Platform, the latter terms and conditions will take precedence with respect to your access to or use of that area or feature, unless specified otherwise. Such additional terms and these Terms are referred to herein as the “Agreement.”
PLEASE NOTE THAT THE AGREEMENT IS SUBJECT TO CHANGE BY BODBITE IN ITS SOLE DISCRETION AT ANY TIME. IF WE MAKE CHANGES TO THESE TERMS, WE WILL POST THE REVISED TERMS ON THE BODBITE PLATFORM AND UPDATE THE “LAST UPDATED” DATE AT THE TOP OF THESE TERMS. IF WE MAKE ANY MATERIAL CHANGES THAT AFFECT YOUR USE OF THE BODBITE SERVICES, AND YOU HAVE REGISTERED WITH US TO CREATE A BODBITE ACCOUNT, WE WILL ALSO ENDEAVOR TO SEND AN E-MAIL TO YOU AT THE LAST E-MAIL ADDRESS YOU PROVIDED TO US PURSUANT TO THE AGREEMENT. ANY CHANGES TO THE AGREEMENT WILL BE EFFECTIVE IMMEDIATELY FOR NEW USERS OF THE SITE AND/OR BODBITE SERVICES AND WILL BE EFFECTIVE ON THE EFFECTIVE DATE PROVIDED ON THE APPLICABLE NOTICE OF SUCH CHANGES FOR EXISTING MEMBERS. WE MAY REQUIRE YOU TO PROVIDE CONSENT TO THE UPDATED AGREEMENT IN A SPECIFIED MANNER BEFORE FURTHER USE OF THE SITE AND/OR THE BODBITE SERVICES IS PERMITTED. IF YOU DO NOT AGREE TO ANY CHANGE(S) AFTER RECEIVING A NOTICE OF SUCH CHANGE(S), YOU SHALL STOP USING THE SITE AND/OR THE BODBITE SERVICES. OTHERWISE, YOUR CONTINUED USE OF THE SITE AND/OR BODBITE SERVICES CONSTITUTES YOUR ACCEPTANCE OF SUCH CHANGE(S). PLEASE REGULARLY CHECK THE SITE TO VIEW THE THEN-CURRENT TERMS.
4.1 You must register an account ("Bodbite Account") to access and use certain features of the Bodbite Platform, such as publishing or booking a Listing. If you are registering a Bodbite Account for a company or other legal entity, you represent and warrant that you have the authority to legally bind that entity and grant us all permissions and licenses provided in these Terms.
4.2 You can register a Bodbite Account by using a valid email address and creating a password.
4.3 You must provide accurate, current and complete information during the registration process and keep your Bodbite Account and public Bodbite Account profile page information up-to-date at all times. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that any information you provide is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your Bodbite Account and refuse any and all current or future use of Bodbite Platform (or any portion thereof). You agree not to create a Bodbite Account using a false identity or information, or on behalf of someone other than yourself.
4.4 You may not register more than one (1) Bodbite Account unless Bodbite authorizes you to do so. You may not assign or otherwise transfer your Bodbite Account to another party.
4.5 You are responsible for maintaining the confidentiality and security of your Bodbite Account credentials and may not disclose your credentials to any third party. You may not share your Bodbite Account or password with anyone, and you agree to (i) notify Bodbite immediately of any unauthorized use of your password or any other breach of security; and (ii) exit from your Bodbite Account at the end of each session. You must immediately notify Bodbite if you know or have any reason to suspect that your credentials have been lost, stolen, misappropriated, or otherwise compromised or in case of any actual or suspected unauthorized use of your Bodbite Account. You are liable for any and all activities conducted through your Bodbite Account. You agree that you shall monitor your Bodbite Account to restrict use by minors, and you will accept full responsibility for any unauthorized use of Bodbite Platform by minors.
5.1 Bodbite may, at its sole discretion, enable Members to (i) create, upload, post, send, receive and store content, such as text, photos, audio, video, or other materials and information on or through the Bodbite Platform ("Member Content"); and (ii) access and view Member Content and any content that Bodbite itself makes available on or through the Bodbite Platform, including proprietary Bodbite content and any content licensed or authorized for use by or through Bodbite from a third party ("Bodbite Content" and together with Member Content, "Collective Content"). You acknowledge that all Collective Content is the sole responsibility of the party from whom such Collective Content originated. This means that you, and not Bodbite, are entirely responsible for all Member Content that you upload, post, e-mail, transmit or otherwise make available through the Bodbite Platform, and that you and other Members of the Bodbite Platform, and not Bodbite, are similarly responsible for all Member Content that you and they make available through the Bodbite Platform.
5.2 The Bodbite Platform, Bodbite Content, and Member Content may in its entirety or in part be protected by copyright, trademark, and/or other laws of the United States and other countries. You acknowledge and agree that the Bodbite Platform and Bodbite Content, including all associated intellectual property rights, are the exclusive property of Bodbite and/or its licensors or authorizing third-parties. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Bodbite Platform, Bodbite Content or Member Content. All trademarks, service marks, logos, trade names, and any other source identifiers of Bodbite used on or in connection with the Bodbite Platform and Bodbite Content are trademarks or registered trademarks of Bodbite in the United States and abroad. Trademarks, service marks, logos, trade names and any other proprietary designations of third parties used on or in connection with the Bodbite Platform, Bodbite Content, and/or Collective Content are used for identification purposes only and may be the property of their respective owners.
5.3 You will not use, copy, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Bodbite Platform or Collective Content, except to the extent you are the legal owner of certain Member Content or as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Bodbite or its licensors, except for the licenses and rights expressly granted in these Terms.
5.4 Subject to your compliance with these Terms, during the Term, Bodbite grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable right and license to access and view any Collective Content made available on or through the Bodbite Platform and accessible to you, solely for your personal and non-commercial use.
5.5 By creating, uploading, posting, sending, receiving, storing, or otherwise making available any Member Content on or through the Bodbite Platform, you grant to Bodbite a non-exclusive, worldwide, royalty-free, irrevocable, perpetual (or for the term of the protection), sub-licensable and transferable license to such Member Content to access, use, store, copy, modify, prepare derivative works of, distribute, publish, transmit, stream, broadcast, and otherwise exploit in any manner such Member Content to provide and/or promote the Bodbite Platform, in any media or platform. Unless you provide specific consent, Bodbite does not claim any ownership rights in any Member Content and nothing in these Terms will be deemed to restrict any rights that you may have to use or exploit your Member Content.
5.6 You are solely responsible for all Member Content that you make available on or through the Bodbite Platform. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Member Content that you make available on or through the Bodbite Platform or you have all rights, licenses, consents and releases that are necessary to grant to Bodbite the rights in and to such Member Content, as contemplated under these Terms; and (ii) neither the Member Content nor your posting, uploading, publication, submission or transmittal of the Member Content or Bodbite's use of the Member Content (or any portion thereof) will infringe, misappropriate or violate a third party's patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
5.7 You will not post, upload, publish, submit or transmit any Member Content that: (i) is fraudulent, false, misleading (directly or by omission or failure to update information) or deceptive; (ii) is defamatory, libelous, obscene, pornographic, vulgar or offensive; (iii) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (iv) is violent or threatening or promotes violence or actions that are threatening to any other person; (v) promotes illegal or harmful activities or substances; or (vi) violates Bodbite’s Content Policy or any other Bodbite policy. Bodbite may, without prior notice, remove or disable access to any Member Content that Bodbite finds to be in violation of these Terms or Bodbite’s then-current Policies or Standards, or otherwise may be harmful or objectionable to Bodbite, its Members, third parties, or property.
5.8 No Obligation to Pre-Screen Content. You acknowledge that we have no obligation to pre-screen Collective Content (including, but not limited to, Member Content), although we reserve the right in our sole discretion to pre-screen, refuse or remove any Collective Content. By entering into this Agreement, you hereby provide your irrevocable consent to such monitoring. You acknowledge and agree that you have no expectation of privacy concerning the transmission of your Member Content, including without limitation chat, text, or voice communications. In the event that we pre-screen, refuse or remove any Member Content, you acknowledge that we will do so for our benefit, not yours. Without limiting the foregoing, we shall have the right to remove any Member Content that violates the Agreement or is otherwise objectionable.
5.9 Storage. Unless expressly agreed to by us in writing elsewhere, we have no obligation to store any of your Member Content that you make available on the Bodbite Platform. We have no responsibility or liability for the deletion or accuracy of any Collective Content, including your Member Content; the failure to store, transmit or receive transmission of Collective Content; or the security, privacy, storage, or transmission of other communications originating with or involving use of Bodbite Platform. Certain Bodbite Services may enable you to specify the level at which such Bodbite Services restrict access to your Member Content. You are solely responsible for applying the appropriate level of access to your Member Content. If you do not choose, the system may default to its most restrictive setting. You agree that we retain the right to create reasonable limits on our use and storage of the Collective Content, including your Member Content, such as limits on file size, storage space, processing capacity, and similar limits described on the Site and as otherwise determined by us in our sole discretion.
5.10 Bodbite respects copyright law and expects its Members to do the same. If you believe that any content on the Bodbite Platform infringes copyrights you own, please notify us in accordance with our Copyright Policy.
6.1 Bodbite is not a party to, has no involvement or interest in, makes no representations or warranties as to, and has no responsibility or liability with respect to any communications, transactions, interactions, disputes or any relations whatsoever between you and any other member, person or organization. Since we are not a party to any booking agreement between members, we do not charge a booking transaction service fee for the use of the Bodbite Platform.
6.2 Bodbite does charge a subscription fee for Home Gyms in order to have a Home Gym or Home Gym Services Listing on our platform. This however, does not affect the status of Bodbite as a non-contractual party to any contracts between members. This means that Bodbite is just a platform that enables members to communicate and interact only.
7.1.1 When creating a Listing through the Bodbite Platform you must (i) provide complete and accurate information about your Home Gym Service (such as listing description and location), (ii) disclose any deficiencies, restrictions (such as home gym rules) and requirements that apply (such as any minimum age, proficiency required to operate Home Gym’s equipment) and (iii) provide any other pertinent information requested by Bodbite. You are responsible for keeping your Listing information up-to-date at all times.
7.1.2 You are solely responsible for setting a price (including any Taxes if applicable) for your Listing (“Listing Fee”).
7.1.3 Any terms and conditions included in your Listing must not conflict with this Agreement or the cancellation policy you have identified for your Listing.
7.1.4 Pictures, animations or videos (collectively, "Images") used in your Listings must accurately reflect the quality and condition of your Home Gym Services. Bodbite reserves the right to require that Listings have a minimum number of Images of a certain format, size and resolution.
7.1.5 The placement and ranking of Listings in search results on the Bodbite Platform may vary and depend on a variety of factors, such as Athlete search parameters and preferences, Home Gym requirements, price, number and quality of Images, Reviews and Ratings, type of Home Gym Service, and/or ease of booking.
7.1.6 When you accept or have pre-approved a booking request by an Athlete, you are entering into a non-binding agreement with the Athlete. Bodbite is not a party to this agreement, we are solely a platform that helps Athletes discover Home Gym Services and that helps Athletes communicate with Home Gyms.
7.1.7 Bodbite recommends that Home Gyms obtain appropriate insurance for their Home Gym Services. We recommend you review any respective insurance policy carefully, and in particular make sure that you are familiar with and understand any exclusions to, and any deductibles that may apply for, such insurance policy, including, but not limited to, whether or not your insurance policy will cover the actions or inactions of Ahtletes (and the individuals the Athletes has booked for, if applicable) while using your Home Gym, Home Gym Services, or other Home Gym Service. This information is provided for convenience only and should not be deemed advice or replace the advice of an insurance professional.
7.2.1 If you choose to require a security deposit for your Home Gym, you may specify this in your Listing description (“Security Deposits”). Remember, Bodbite is not a party to any accommodation agreement that you may enter with an Athlete, we are solely a platform that helps Athletes discover Home Gym Services and that helps Athletes communicate with Home Gyms. Therefore, Bodbite is not responsible for administering or accepting any claims by Home Gyms or Athletes related to Security Deposits.
7.2.3 You represent and warrant that any Listing you post and the booking of, or an Athlete's use of, a Home Gym will (i) not breach any agreements you have entered into with any third parties, and (ii) comply with all applicable laws (such as zoning laws), tax requirements, and other applicable rules and regulations (including having all required permits, licenses and registrations) and (iii) you as the Listing/Residence/Home Gym owner agree to be in compliance with any homeowners association rules and restrictions. As a Home Gym, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals who reside at or are otherwise present at the Home Gym at your request or invitation, including the Athlete (and the individuals the Athlete invites to the Home Gym, if applicable).
8.1.1 Subject to meeting any requirements (such as completing any verification processes) set by the Home Gym, you can book a Listing available on the Bodbite Platform by following the respective booking process. A "booking" is not a legally binding agreement between you and the Home Gym. Remember, Bodbite is not a party to this agreement, we are solely a platform that helps Athletes discover Home Gym Services and that helps Athletes communicate with Home Gyms. All applicable fees disclosed in the booking process are fee parameters set by the Home Gyms. They will need to be confirmed by the Home Gym and Bodbite is not a party of this. With your booking request, you indicate an interest to pay the total fees for any booking requested in connection with your Bodbite Account. The actual entering into a contract and any payments made between Members is outside the scope of Bodbite Services. Bodbite is solely a platform that helps Athletes discover Home Gym Services and that helps Athletes communicate with Home Gyms. For the avoidance of doubt, the formation of any binding legal contract is outside the scope of the Bodbite Services. Bodbite does not collect or process any fees relating to contracts between Members.
8.1.2 Upon receipt of a booking confirmation from Bodbite, an agreement may be formed between you and your Home Gym, subject to any additional terms and conditions of the Home Gym that apply, including in particular the applicable cancellation policy and any rules and restrictions specified in the Listing. Bodbite is not a party to this agreement, we are solely a platform that helps Athletes discover Home Gym Services and that helps Home Gyms communicate with Athletes. Therefore, we will neither collect nor process any payments relating to such any booking agreement.
8.1.3 If you book a Home Gym Service on behalf of additional guests, you should ensure that every additional guest meets any requirements set by the Home Gym, and is made aware of and agrees to this Agreement and any terms and conditions, rules and restrictions set by the Home Gym. If you are booking for an additional guest who is a minor, you represent and warrant that you are legally authorized to act on behalf of the minor. Minors may only participate in a booking if accompanied by an adult who is responsible for them.
8.2.1 You understand that a confirmed booking of a Home Gym (“Home Gym Booking”) may be a limited license granted to you by the Home Gym to enter, occupy and use the Home Gym for a set duration, in accordance with your agreement with the Home Gym. Bodbite is not a party to this agreement, we are solely a platform that helps Athletes discover Home Gym Services and that helps Athletes communicate with Bodbite. Therefore, Bodbite cannot attest the existence of such a license. Bodbite does not collect or process any fees relating to any contracts between Members.
9.1 Home Gyms and Athletes are responsible for any modifications to a booking that they make via the Bodbite Platform or direct the Home Gyms to make ("Booking Modifications"). Bodbite is not a party to any booking agreement between members, we are solely a platform that helps Athletes discover Home Gym Services and that helps Athletes communicate with Home Gyms. Therefore, Bodbite is not responsible for any modifications.
9.2 Athletes can cancel a confirmed booking at any time prior to the time the booking is to start, by emailing Bodbite.info@gmail.com subject to the Listing’s cancellation policy. As Bodbite is not a party to any booking agreement between members, we cannot assess the effect of such a cancellation on the contractual relation that may exist between members. We are solely a platform that helps Athletes discover Home Gym Services and that helps Athletes communicate with Home Gyms. As Bodbite does not collect or process any fees relating to contracts between members, Bodbite will not be responsible to provide any refund to either Athlete or Home Gym.
10.1 Within a certain timeframe after completing a booking, Athletes and Home Gyms can leave a public review (“Review”) and submit a star rating (“Rating”) about each other. Any Ratings or Reviews reflect the opinion of individual Members and do not reflect the opinion of Bodbite.
10.2 Ratings and Reviews by Athletes and Home Gyms must be fair, truthful and factual and may not contain any offensive or defamatory language. Ratings and Reviews must comply with Bodbite’s Content Policy and Extortion Policy.
11.1 Because Bodbite is merely a platform, in the event that you have a dispute with one or more members, to the fullest extent permitted by applicable law you release us (and our officers, directors, members, employees, agents and affiliates) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
12.1 To use the Bodbite Services as a Home Gym, you may need to sign up for a subscription to the Bodbite Services and pay the applicable subscription fee, as set forth in this Section 12. All fees set forth within and paid by Home Gym to Bodbite under the Agreement shall be considered solely for the purpose of securing Home Gym's access to the Bodbite Services. Home Gym agrees to pay all fees or charges to your Bodbite Account in accordance with the fees, charges and billing terms in effect at the time a fee or charge is due and payable. You must provide Bodbite with a valid credit card (Visa, MasterCard, or any other issuer accepted by us) or PayPal account of a payment provider (“Payment Provider”), or purchase order information, as a condition to signing up for the Bodbite Services. Your Payment Provider agreement governs your use of the designated credit card or PayPal account, and you must refer to that agreement, not this Agreement, to determine your rights and liabilities. By providing Bodbite with your credit card number or PayPal account and associated payment information, you agree that Bodbite is authorized to immediately invoice your Bodbite Account for all fees and charges due and payable to Bodbite hereunder and that no additional notice or consent is required. You agree to immediately notify Bodbite of any change in your billing address or the credit card or PayPal account used for payment hereunder. Bodbite reserves the right at any time to change its prices and billing methods, either immediately upon posting on the Bodbite Platform or by e-mail delivery to you.
12.2 Home Gyms will be responsible for payment of the applicable fee for any Bodbite Services (each, a “Service Subscription Fee”) at the time you create your Bodbite Account and select your annual package (each, a “Service Commencement Date”). Except as set forth in the Agreement, all fees for the Bodbite Services are non-refundable. No contract will exist between Home Gym and Bodbite for the paid Bodbite Services until Bodbite accepts your order by a confirmatory e-mail or other appropriate means of communication.
12.3 Third Party Payments Provider. Bodbite uses Venmo & Stripe, Inc. (“Payment Processor”) as the third party service provider for payment services (e.g., card acceptance, merchant settlement, and related services). Your use of the Bodbite Platform and the payment processing provided by the Payment Processor is subject to the Stripe Connected Account Agreement that includes the Stripe Services Agreement, as may be modified by the Payment Processor from time to time (collectively, the “Payment Processor Agreement”). As a condition of using the Payment Processor’s payment processing, you must provide accurate and complete information, and you authorize us to share this information with the Payment Processor. All bank and credit card information is sent directly to and stored with the Payment Processor using its security protocols. Bodbite does not store your payment information on its systems and shall not have any responsibility for the safety or security of that information. Your use of the Payment Processor’s payment processing is conditioned upon your compliance with the Payment Processor Agreement, and if the Payment Processor Agreement is terminated by the Payment Processor, you may not be able to use the Bodbite Platform, or you may have your Bodbite Account suspended or terminated. We may change or add other payment processing services at any time upon notice to you, which may be subject to additional terms or conditions.
12.4 As a Home Gym you are solely responsible for determining your obligations to report, collect, remit or include in your Listing Fees any applicable VAT or other indirect sales taxes, business tax, services taxes or income taxes ("Taxes").
12.5 As Bodbite is not a party to any booking agreement between members, we cannot assess the effect of such tax requirements on the contractual relation that may exist between Members. We are solely a platform that helps Athletes discover Home Gym Services and that helps Athletes communicate with Home Gyms. As Bodbite does not collect or process any fees relating to contracts between Members, Bodbite will not be responsible to administer and facilitate collection and remittance of Taxes from or on behalf of Athletes or Home Gyms.
13.1 You are solely responsible for compliance with any and all laws, rules, regulations, and tax obligations that may apply to your use of the Bodbite Platform. In connection with your use of the Bodbite Platform, you will not and will not assist or enable others to:
13.2 You acknowledge that Bodbite has no obligation to monitor the access to or use of the Bodbite Platform by any Member or to review, disable access to, or edit any Member Content, but has the right to do so, including without limitation to (i) operate, secure and improve the Bodbite Platform (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes); (ii) ensure Members’ compliance with this Agreement; (iii) comply with applicable law or the order or requirement of a court, law enforcement or other administrative agency or governmental body; (iv) respond to Member Content that it determines is harmful or objectionable; or (v) as otherwise set forth in this Agreement. Members agree to cooperate with and assist Bodbite in good faith, and to provide Bodbite with such information and take such actions as may be reasonably requested by Bodbite with respect to any investigation undertaken by Bodbite or a representative of Bodbite regarding the use or abuse of the Bodbite Platform.
13.3 If you feel that any Member you interact with, whether online or in person, is acting or has acted inappropriately, including but not limited to anyone who (i) engages in offensive, violent or sexually inappropriate behavior, (ii) you suspect of stealing from you, or (iii) engages in any other disturbing conduct, you should immediately report such person to the appropriate authorities and then to Bodbite by contacting us with your police station and report number (if available); provided that your report will not obligate us to take any action beyond that required by law (if any) or cause us to incur any liability to you.
14.1 This Agreement shall be effective for a 30-day term, at the end of which it will automatically and continuously renew for subsequent 30-day terms until such time when you or Bodbite terminate the Agreement in accordance with this provision. If you cancel your subscription, you may use your subscription until the end of your then-current subscription term; your subscription will not be renewed after your then-current term expires. You will not be eligible for a prorated refund of any portion of the subscription fee paid for the then-current subscription period. By subscribing, you authorize Bodbite to charge your Payment Provider (as defined below) now, and again at the beginning of any subsequent subscription period. Upon renewal of your subscription, if Bodbite does not receive payment from your Payment Provider, (a) you agree to pay all amounts due on your Bodbite Account upon demand and/or (b) you agree that Bodbite may either terminate or suspend your subscription and continue to attempt to charge your Payment Provider until payment is received (upon receipt of payment, your Bodbite Account will be activated and for purposes of automatic renewal, your new subscription commitment period will begin as of the day payment was received).
14.2 You may terminate this Agreement at any time by sending us an email to bodbite.info@gmail.com. If you cancel your Bodbite Account as a Home Gym it is your own responsibility to inform the Athletes, as Bodbite is not a party to any booking contract between members. If you cancel your Bodbite Account as an Athlete, it is your own responsibility to cancel any confirmed booking(s) as Bodbite is not a party to any booking contract between members.
14.3 Without limiting our rights specified below, Bodbite may terminate this Agreement for convenience at any time by giving you thirty (30) days' notice via email to your registered email address.
14.4 Bodbite may immediately, without notice terminate this Agreement if (i) you have materially breached your obligations under this Agreement or any of our policies or standards, (ii) you have violated applicable laws, regulations or third party rights, or (iii) Bodbite believes in good faith that such action is reasonably necessary to protect the personal safety or property of Bodbite, its Members, or third parties (for example in the case of fraudulent behavior of a Member).
14.5 In addition, Bodbite may take any of the following measures (i) to comply with applicable law, or the order or request of a court, law enforcement or other administrative agency or governmental body, or if (ii) you have breached these Terms our Policies or Standards, applicable laws, regulations, or third party rights, (iii) you have provided inaccurate, fraudulent, outdated or incomplete information during the Bodbite Account registration, Listing process or thereafter, (iv) you and/or your Listings or Home Gym Services at any time fail to meet any applicable quality or eligibility criteria, (v) you have repeatedly received poor Ratings or Reviews or Bodbite otherwise becomes aware of or has received complaints about your performance or conduct, (vi) you have repeatedly cancelled confirmed bookings or failed to respond to booking requests without a valid reason, or (vii) Bodbite believes in good faith that such action is reasonably necessary to protect the personal safety or property of Bodbite, its Members, or third parties, or to prevent fraud or other illegal activity:
14.6 When this Agreement has been terminated, you are not entitled to a restoration of your Bodbite Account or any of your Member Content. If your access to or use of the Bodbite Platform has been limited or your Bodbite Account has been suspended or this Agreement has been terminated by us, you may not register a new Bodbite Account or access and use the Bodbite Platform through an Bodbite Account of another Member.
IF YOU CHOOSE TO USE THE BODBITE PLATFORM OR COLLECTIVE CONTENT, YOU DO SO VOLUNTARILY AND AT YOUR SOLE RISK. THE BODBITE PLATFORM AND COLLECTIVE CONTENT IS PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. BODBITE EXPRESSLY DISCLAIMS ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT ARISING FROM USE OF THE BODBITE PLATFORM AND COLLECTIVE CONTENT. BODBITE MAKES NO WARRANTY, REPRESENTATION OR CONDITION THAT YOUR USE OF THE BODBITE PLATFORM WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE.
You agree that you have had whatever opportunity you deem necessary to investigate the Bodbite Services, laws, rules, or regulations that may be applicable to your Listings and/or Home Gym Services you are receiving and that you are not relying upon any statement of law or fact made by Bodbite relating to a Listing.
YOU AGREE THAT SOME HOME GYM SERVICES MAY CARRY INHERENT RISK, AND BY PARTICIPATING IN THOSE HOME GYM SERVICES, YOU CHOOSE TO ASSUME THOSE RISKS VOLUNTARILY. FOR EXAMPLE, SOME HOME GYM SERVICES MAY CARRY RISK OF ILLNESS, BODILY INJURY, DISABILITY, OR DEATH, AND YOU FREELY AND WILLFULLY ASSUME THOSE RISKS BY CHOOSING TO PARTICIPATE IN THOSE HOME GYM SERVICES. YOU ASSUME FULL RESPONSIBILITY FOR THE CHOICES YOU MAKE BEFORE, DURING AND AFTER YOUR PARTICIPATION IN A HOME GYM SERVICE. IF YOU ARE BRINGING A MINOR AS AN ADDITIONAL GUEST, YOU ARE SOLELY RESPONSIBLE FOR THE SUPERVISION OF THAT MINOR THROUGHOUT THE DURATION OF YOUR HOME GYM SERVICE AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AGREE TO RELEASE AND HOLD HARMLESS BODBITE FROM ALL LIABILITIES AND CLAIMS THAT ARISE IN ANY WAY FROM ANY INJURY, DEATH, LOSS OR HARM THAT OCCURS TO THAT MINOR DURING THE HOME GYM SERVICE OR IN ANY WAY RELATED TO YOUR HOME GYM SERVICE.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM BODBITE OR THROUGH THE BODBITE PLATFORM WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
YOU ACKNOWLEDGE AND AGREE THAT BODBITE IS NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD BODBITE LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OPERATORS OF EXTERNAL SITES, AND THAT THE RISK OF INJURY FROM SUCH THIRD PARTIES RESTS ENTIRELY WITH YOU. BODBITE MAKES NO WARRANTY THAT THE GOODS AND SERVICES PROVIDED BY THIRD PARTIES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. BODBITE MAKES NO WARRANTY REGARDING THE QUALITY OF ANY SUCH GOODS OR SERVICES, OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY MEMBER CONTENT OBTAINED THROUGH THE BODBITE PLATFORM.
The foregoing disclaimers apply to the maximum extent permitted by law. You may have other statutory rights. However, the duration of statutorily required warranties, if any, shall be limited to the maximum extent permitted by law.
16.1 Unless you reside in the EU, you acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the Bodbite Platform and Collective Content, your publishing or booking of any Listing via the Bodbite Platform, your stay at any Home Gym, participation in any Home Gym Service or use of any other Home Gym Service or any other interaction you have with other Members whether in person or online remains with you. NEITHER BODBITE NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE BODBITE PLATFORM OR COLLECTIVE CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH (I) THIS AGREEMENT, (II) FROM THE USE OF OR INABILITY TO USE THE BODBITE PLATFORM OR COLLECTIVE CONTENT, (III) FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER MEMBERS OR OTHER PERSONS WITH WHOM YOU COMMUNICATE, INTERACT OR MEET WITH AS A RESULT OF YOUR USE OF THE BODBITE PLATFORM, OR (IV) FROM YOUR PUBLISHING OR BOOKING OF A LISTING, INCLUDING THE PROVISION OR USE OF A LISTING’S HOME GYM SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT BODBITE HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. IN NO EVENT WILL BODBITE’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT AND YOUR USE OF THE BODBITE PLATFORM INCLUDING, BUT NOT LIMITED TO, FROM YOUR PUBLISHING OR BOOKING OF ANY LISTINGS VIA THE BODBITE PLATFORM, OR FROM THE USE OF OR INABILITY TO USE THE BODBITE PLATFORM OR COLLECTIVE CONTENT AND IN CONNECTION WITH ANY HOME GYM OR OTHER HOME GYM SERVICE, OR INTERACTIONS WITH ANY OTHER MEMBERS, EXCEED ONE HUNDRED U.S. DOLLARS (US$100). THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN BODBITE AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU RESIDE OUTSIDE OF THE U.S., THIS DOES NOT AFFECT BODBITE’S LIABILITY FOR DEATH OR PERSONAL INJURY ARISING FROM ITS NEGLIGENCE, NOR FOR FRAUDULENT MISREPRESENTATION, MISREPRESENTATION AS TO A FUNDAMENTAL MATTER OR ANY OTHER LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
16.2 IF YOU RESIDE IN THE EU, BODBITE IS LIABLE UNDER STATUTORY PROVISIONS FOR INTENT AND GROSS NEGLIGENCE BY US, OUR LEGAL REPRESENTATIVES, DIRECTORS, OR OTHER VICARIOUS AGENTS. THE SAME APPLIES TO THE ASSUMPTION OF GUARANTEES OR ANY OTHER STRICT LIABILITY, OR IN CASE OF A CULPABLE INJURY TO LIFE, LIMB, OR HEALTH. BODBITE IS LIABLE FOR ANY NEGLIGENT BREACHES OF ESSENTIAL CONTRACTUAL OBLIGATIONS BY US, OUR LEGAL REPRESENTATIVES, DIRECTORS, OR OTHER VICARIOUS AGENTS. ESSENTIAL CONTRACTUAL OBLIGATIONS ARE SUCH DUTIES OF BODBITE IN WHOSE PROPER FULFILMENT YOU REGULARLY TRUST AND MUST TRUST FOR THE PROPER EXECUTION OF THE CONTRACT BUT THE AMOUNT SHALL BE LIMITED TO THE TYPICALLY OCCURRING FORESEEABLE DAMAGE. ANY ADDITIONAL LIABILITY OF BODBITE IS EXCLUDED.
16.3 RELEASE AND WAIVER OF LIABILITY. BY REGISTERING FOR A BODBITE ACCOUNT, YOU HEREBY WAIVE, RELEASE, COVENANT NOT TO AND FOREVER DISCHARGE BODBITE AND ALL OTHER PERSONS ASSOCIATED WITH THE PLATFORM, FOR ALL LIABILITIES, CLAIMS, ACTIONS, OR DAMAGES THAT YOU MAY HAVE AGAINST THEM ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR REGISTRATION AND/OR PARTICIPATION IN THE PLATFORM'S SERVICES, INCLUDING WITHOUT LIMITATION ANY LIABILITIES, CLAIMS, ACTIONS, OR DAMAGES CAUSED BY NEGLIGENCE OF THE ABOVE PARTIES (INCLUDING ANY NEGLIGENT RESCUE ATTEMPT), THE ACTION OR INACTION OF ANY OF THE ABOVE PARTIES, OR OTHERWISE. BODBITE SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF BODBITE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (A) THE USE OR THE INABILITY TO USE THE BODBITE'S USER'S SITES, PRODUCTS OR SERVICES; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE BODBITE'S SITES; (C) YOUR PARTICIPATION IN ANY PROMOTION OR PROGRAM COORDINATED THROUGH BODBITE; (D) PERSONAL INJURY NOT CAUSED BY BODBITE’S GROSS NEGLIGENCE; (E) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (F) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE BODBITE SITES; (G) ANY OTHER MATTER RELATING TO THE BODBITE SITES, OR BODBITE PRODUCTS OR SERVICES; OR (H) YOUR PARTICIPATION IN THE PLATFORM'S SERVICES. YOU AGREE THAT BODBITES’S MAXIMUM LIABILITY TO YOU, FOR ANY REASON OR CAUSE WHATSOEVER, SHALL NOT EXCEED THE TOTAL AMOUNT OF MONIES RECEIVED BY BODBITE FROM YOU.
By registering for a Bodbite user account, you agree to release, defend (at Bodbite’s option), indemnify, and hold Bodbite and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (i) your breach of this Agreement or any of our policies or standards, (ii) your improper use of the Bodbite Platform or any Bodbite Services, (iii) your interaction with any Member, stay at a Home Gym, participation in Home Gym Services, including without limitation any injuries, losses or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of such interaction, stay, participation or use, or (iv) your breach of any laws, regulations or third party rights. Bodbite 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 Bodbite in asserting any available defenses. This provision does not require you to indemnify Bodbite for any unconscionable commercial practice by such party or for such party’s fraud, deception, false promise, misrepresentation or concealment, or suppression or omission of any material fact in connection with the Site or any Bodbite Services provided hereunder. You agree that the provisions in this section will survive any termination of your Bodbite Account, this Agreement and/or your access to Bodbite Platform.
18.1 This Dispute Resolution and Arbitration Agreement shall apply if you (i) reside in the United States; or (ii) do not reside in the United States, but bring any claim against Bodbite in the United States (to the extent not in conflict with Section 20).
18.2 Overview of Dispute Resolution Process. Bodbite is committed to participating in a consumer-friendly dispute resolution process. To that end, these Terms provide for a two-part process for individuals to whom Section 18.1 applies: (1) an informal negotiation directly with Bodbite’s customer service team, and (2) a binding arbitration administered by the American Arbitration Association (“AAA”) using its specially designed Consumer Arbitration Rules (as modified by this Section 18). Specifically, the process provides:
Claims can be filed with AAA online (www.adr.org); Arbitrators must be neutral and no party may unilaterally select an arbitrator; Arbitrators must disclose any bias, interest in the result of the arbitration, or relationship with any party; Parties retain the right to seek relief in small claims court for certain claims, at their option; The initial filing fee for the consumer is capped at $200; The consumer gets to elect the hearing location and can elect to participate live, by phone, video conference, or, for claims under $25,000, by the submission of documents; The arbitrator can grant any remedy that the parties could have received in court to resolve the party’s individual claim.
18.3 Pre-Arbitration Dispute Resolution and Notification. Prior to initiating an arbitration, you and Bodbite each agree to notify the other party of the dispute and attempt to negotiate an informal resolution to it first. We will contact you at the email address you have provided to us; you can contact Bodbite’s customer service team by emailing us at bodbite.info@gmail.com. If after a good faith effort to negotiate one of us feels the dispute has not and cannot be resolved informally, the party intending to pursue arbitration agrees to notify the other party via email prior to initiating the arbitration. In order to initiate arbitration, a claim must be filed with the AAA and the written Demand for Arbitration (available at www.adr.org) provided to the other party, as specified in the AAA Rules.
18.4 Agreement to Arbitrate. You and Bodbite mutually agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement or interpretation thereof, or to the use of the Bodbite Platform, the Home Gym Services, or the Collective Content (collectively, “Disputes”) will be settled by binding arbitration (the “Arbitration Agreement”). If there is a dispute about whether this Arbitration Agreement can be enforced or applies to our Dispute, you and Bodbite agree that the arbitrator will decide that issue.
18.5 Exceptions to Arbitration Agreement. You and Bodbite each agree that the following claims are exceptions to the Arbitration Agreement and will be brought in a judicial proceeding in a court of competent jurisdiction: (i) Any claim related to actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights; (ii) Any claim seeking emergency injunctive relief based on exigent circumstances (e.g., imminent danger or commission of a crime, hacking, cyber-attack).
18.6 Arbitration Rules and Governing Law. This Arbitration Agreement evidences a transaction in interstate commerce and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision. The arbitration will be administered by AAA in accordance with the Consumer Arbitration Rules (the “AAA Rules“) then in effect, except as modified here. The AAA Rules are available at www.adr.org or by calling the AAA at 1–800–778–7879.
18.7 Modification to AAA Rules - Arbitration Hearing/Location. In order to make the arbitration most convenient to you, Bodbite agrees that any required arbitration hearing may be conducted, at your option, (a) in the county where you reside; (b) in Los Angeles County; (c) in any other location to which you and Bodbite both agree; (d) via phone or video conference; or (e) for any claim or counterclaim under $25,000, by solely the submission of documents to the arbitrator.
18.8 Modification of AAA Rules - Attorney’s Fees and Costs. You may be entitled to seek an award of attorney fees and expenses if you prevail in arbitration, to the extent provided under applicable law and the AAA rules. Unless the arbitrator determines that your claim was frivolous or filed for the purpose of harassment, Bodbite agrees it will not seek, and hereby waives all rights it may have under applicable law or the AAA rules, to recover attorneys’ fees and expenses if it prevails in arbitration.
18.9 Arbitrator’s Decision. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court with proper jurisdiction. The arbitrator may award declaratory or injunctive relief only on an individual basis and only to the extent necessary to provide relief warranted by the claimant’s individual claim.
18.10 Jury Trial Waiver. You and Bodbite acknowledge and agree that we are each waiving the right to a trial by jury as to all arbitrable Disputes.
18.11 No Class Actions or Representative Proceedings. You and Bodbite acknowledge and agree that we are each waiving the right to participate as a plaintiff or class member in any purported class action lawsuit, class-wide arbitration, private attorney-general action, or any other representative proceeding as to all Disputes. Further, unless you and Bodbite both otherwise agree in writing, the arbitrator may not consolidate more than one party’s claims and may not otherwise preside over any form of any class or representative proceeding. If this paragraph is held unenforceable with respect to any Dispute, then the entirety of the Arbitration Agreement will be deemed void with respect to such Dispute.
18.12 Severability. Except as provided in Section 18.11, in the event that any portion of this Arbitration Agreement is deemed illegal or unenforceable, such provision shall be severed and the remainder of the Arbitration Agreement shall be given full force and effect.
18.13 Changes. Notwithstanding the provisions of Section 3 (“Modification of these Terms”), if Bodbite changes this Section 18 (“Dispute Resolution and Arbitration Agreement”) after the date you last accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice (including by email) within thirty (30) days of the date such change became effective, as indicated in the “Last Updated” date above or in the date of Bodbite notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and Bodbite in accordance with the provisions of the “Dispute Resolution and Arbitration Agreement” section as of the date you last accepted these Terms (or accepted any subsequent changes to these Terms).
18.14 Survival. Except as provided in Section 18.12, this Section 18 will survive any termination of this Agreement and will continue to apply even if you stop using the Bodbite Platform or terminate your Bodbite Account.
We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Bodbite Platform (“Feedback“). You may submit Feedback by emailing us at bodbite.info@gmail.com. Any Feedback you submit to us will be considered non-confidential and non-proprietary to you. By submitting Feedback to us, you grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to you.
20.1 If you reside in the United States, these Terms will be interpreted in accordance with the laws of the State of California and the United States of America, without regard to conflict-of-law provisions. Judicial proceedings (other than small claims actions) that are excluded from the Arbitration Agreement in Section 18 must be brought in state or federal court in San Francisco, California, unless we both agree to some other location. You and we both consent to venue and personal jurisdiction in Los Angeles, California.
20.2 If you reside in China these Terms will be interpreted in accordance with the laws of China (“China Laws”). Any dispute arising from or in connection with this Agreement shall be submitted to the China International Economic and Trade Arbitration Commission (CIETAC) for arbitration in Beijing which shall be conducted in accordance with CIETAC’s arbitration rules in effect at the time of applying for arbitration, provided that this section shall not be construed to limit any rights which Bodbite may have to apply to any court of competent jurisdiction for an order requiring you to perform or be prohibited from performing certain acts and other provisional relief permitted under China Laws or any other laws that may apply to you. The arbitration proceedings shall be conducted in English. The arbitral award rendered is final and binding upon both parties.
20.3 If you reside outside of the United States and China, these Terms will be interpreted in accordance with Irish law. The application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) is excluded. The choice of law does not impact your rights as a consumer according to the consumer protection regulations of your country of residence. If you are acting as a consumer, you agree to submit to the non-exclusive jurisdiction of the Irish courts. Judicial proceedings that you are able to bring against us arising from or in connection with these Terms may only be brought in a court located in Ireland or a court with jurisdiction in your place of residence. If Bodbite wishes to enforce any of its rights against you as a consumer, we may do so only in the courts of the jurisdiction in which you are a resident. If you are acting as a business, you agree to submit to the exclusive jurisdiction of the Irish courts.
21.1 Except as they may be supplemented by additional terms and conditions, policies, guidelines or standards, these Terms constitute the entire Agreement between Bodbite and you pertaining to the subject matter hereof, and supersede any and all prior oral or written understandings or agreements between Bodbite and you in relation to the access to and use of the Bodbite Platform.
21.2 No joint venture, partnership, employment, or agency relationship exists between you and Bodbite as a result of this Agreement or your use of the Bodbite Platform.
21.3 This Agreement does not and is not intended to confer any rights or remedies upon any person other than the parties.
21.4 If any provision of this Agreement is held to be invalid or unenforceable, such provision will be struck and will not affect the validity and enforceability of the remaining provisions.
21.5 Bodbite’s failure to enforce any right or provision in this Agreement will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. Except as expressly set forth in this Agreement, the exercise by either party of any of its remedies under this Agreement will be without prejudice to its other remedies under this Agreement or otherwise permitted under law.
21.6 You may not assign, transfer or delegate this Agreement and your rights and obligations hereunder without Bodbite's prior written consent. Bodbite may without restriction assign, transfer or delegate this Agreement and any rights and obligations hereunder, at its sole discretion. Your right to terminate this Agreement at any time remains unaffected.
21.7 Unless specified otherwise, any notices or other communications to Members permitted or required under this Agreement, will be in writing and given by Bodbite via email, Bodbite Platform notification, or messaging service (including SMS and WeChat). For notices made to Members residing outside of Germany, the date of receipt will be deemed the date on which Bodbite transmits the notice.
21.8 Consumer Complaints. In accordance with California Civil Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.
21.9 If you reside in the EU you can access the European Commission’s online dispute resolution platform here: http://ec.europa.eu/consumers/odr. Please note that Bodbite Ireland is not committed nor obliged to use an alternative dispute resolution entity to resolve disputes with consumers.
21.9 If you have any questions about this Agreement please email us at bodbite.info@gmail.com.
