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TERMS OF USE

Last updated April 28, 2020

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE. By using this website, you signify your consent to these terms of use. If you do not agree to these Terms of Use, please do not use the website.

Welcome to the Internet website https://www.thebeyondlimitsway.com (together with any materials and services available on the Site, including paid access to certain premium features or content (the “Member Services”), collectively, this “Site”), which has been developed and is controlled and maintained by Beyond Limits Academy, Inc., a California corporation (“BLA”). Please note that while this Site is owned and operated by BLA, the services provided on this Site may be performed by entities affiliated with or under contract to BLA. BLA and any and all such affiliated or contracted entities are collectively referred to herein as “we,” “us” or “our”.

 

PLEASE READ THESE GENERAL TERMS OF USE (“Terms of Use”) CAREFULLY BEFORE USING THIS SITE. These Terms of Use apply to you if (a) you are user of the Site over the age of 18 (or, if not 18, the applicable age of majority in your jurisdiction) or (b) you are a parent or guardian entering into these Terms of Use on behalf of a child under the age of 13 who will be a user of the Site. By using this Site or by clicking a box that states that you accept or agree to these terms, you (i) signify your agreement to these Terms of Use, and (ii) affirm that you fall into either category (a) or (b), above. If you do not agree to these Terms of Use or do not fall into category (a) or (b), above, please exit the Site immediately, as you are not authorized to use the Site.  These Terms of Use incorporate any additional terms and conditions posted by BLA through the Site, or otherwise made available to you by BLA.

IF YOU SUBSCRIBE TO MEMBER SERVICES, YOUR SUBSCRIPTION WILL BE AUTOMATICALLY RENEWED FOR ADDITIONAL PERIODS OF THE SAME DURATION AS YOUR INITIAL SUBSCRIPTION AT BLA'S THEN-CURRENT SUBSCRIPTION FEE UNLESS YOU DECLINE TO RENEW YOUR SUBSCRIBE IN ACCORDANCE WITH SECTION 8 BELOW.

 

THESE TERMS OF USE CONTAIN A MANDATORY ARBITRATION PROVISION THAT, AS FURTHER SET FORTH IN SECTION 17 BELOW, REQUIRES THE USE OF ARBITRATION TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR ANY OTHER COURT PROCEEDINGS OF ANY KIND.

 

You acknowledge that these Terms of Use are supported by reasonable and valuable consideration, the receipt and adequacy of which are hereby acknowledged. From time to time, these Terms of Use may be changed, expanded or amended, and may include the introduction of additional terms for certain Site features. Any changes to these Terms of Use may be made without notice and will be effective immediately upon posting on the Site, so please be sure to review them on a regular basis. The effective date appearing at the top of this page indicates when the latest changes were made to these Terms of Use.

 

If you subscribe to Member Services, BLA will also provide notice of material changes the Terms of Use to the last e-mail you provided when registering your account. If you refuse to accept the updated Terms of Use then BLA reserves its right to discontinue your use of the Member Services.

 

  1. MATERIALS ON THE SITE AND RELATED RIGHTS AND RESTRICTIONS

 

The information and materials provided through the Site, including any data, text, photographs, graphics, images, music, audio and video clips, logos, icons, software and links (collectively, the “Materials”) are intended to educate and inform you. The Site is owned and operated by BLA in conjunction with others pursuant to contractual arrangements, and the Materials (and any intellectual property and other rights relating thereto) are and will remain the property of BLA and its licensors and suppliers. The Materials and the selection, compilation, collection, arrangement and assembly thereof are protected by U.S. and international copyright, trademark and other laws, and you acknowledge that these rights are valid and enforceable. The Materials may be used solely to the extent necessary for your authorized use of the Site, as provided in these Terms of Use or as expressly authorized in writing by BLA or, if so indicated in writing by BLA, its licensors or suppliers. Modification of the Materials or use of the Materials for any other purpose is a violation of our copyright and other proprietary rights, and is strictly prohibited. We may change the Site or delete Materials or features at any time, in any way, for any or no reason. You acknowledge that you do not acquire any ownership rights by using the Site or the Materials.

 

Although BLA strives to provide Materials that are both useful and accurate, laws, regulations, data and other information change frequently and are subject to varying interpretations. In addition, the facts and circumstances of every situation differ. Accordingly, although BLA endeavors to use reasonable care in assembling the Materials, the Materials may not be up-to-date, accurate or complete. Further, the Materials should not be construed as professional advice on any subject matter, and availability or use of the Materials is not intended to create, and does not create, any professional services relationship. In certain cases, content available within a Member Service may become unavailable due to restrictions from our licensors or other legal or policy reasons. BLA will have no liability to you for any such unavailability.

 

The trademarks, logos and service marks displayed on the Site (collectively the “Trademarks”) are the registered and unregistered trademarks of BLA, BLA’s licensors and suppliers, and others. Our Trademarks include Beyond Limits Academy, Driver’s Ed for Smart Phones and any associated logos. The Trademarks owned by BLA, whether registered or unregistered, may not be used in connection with any product or service that is not BLA’s, in any manner that is likely to cause confusion with BLA or in any manner that disparages BLA. Nothing contained on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark without the express written permission of BLA, BLA’s licensors or suppliers, or the third party owner of any such Trademark. Any use of the Trademarks, and all goodwill associated with such Trademarks, shall inure solely to the benefit of BLA, BLA’s licensors or suppliers, or the third party owner of such Trademarks. Misuse of any Trademarks is prohibited, and BLA will aggressively enforce its intellectual property rights in such Trademarks, including via civil and criminal proceedings.

 

  1. SUBMISSION OF MATERIALS

 

BLA welcomes and values your contributions to the Site in areas designated for contribution. In such areas, users may post reviews, comments and other content, so long as you adhere to these Terms of Use and our Privacy Policy.

 

Please note that, because we and our designees may allow users to post reviews and other information on the Site and may in the future host other types of forums on the Site and on third party platforms such as Facebook (collectively, the “Forums”) and, therefore, redistribute materials you give to us, we require certain rights in those materials. Accordingly, by sending or transmitting to us reviews, comments, creative suggestions, ideas, notes, concepts, information or other materials (collectively, “Submissions”), or by posting such Submissions to any area of the Site, or Forums you hereby grant to us and our designees a worldwide, non-exclusive, sublicenseable (through multiple tiers), assignable, royalty-free, perpetual, irrevocable right and license to reproduce, distribute (through multiple tiers), adapt, modify, edit, create derivative works of, perform and display (publicly or otherwise), make, have made, sell, offer for sale, import, analyze and otherwise use such Submissions, alone or as part of other works, in any media now known or hereafter developed, for any purpose whatsoever, commercial or otherwise, without additional consideration to you or any third party. None of the Submissions will be subject to any obligation, whether of confidentiality, attribution or otherwise, on our part and we will not be liable for any use or disclosure of any Submissions. You also grant BLA and its affiliates and sublicensees the right to use the name that you submit in connection with such Submissions if we or they so choose. You represent and warrant that you own or otherwise control all of the rights necessary to grant the licenses granted in this section, including with respect to the content in your Submissions; that the content in your Submissions is accurate, does not violate these Terms of Use and will not cause injury to any person or entity, including by violating of the rights of any such person or entity; and that you will indemnify BLA or its affiliates or sublicensees for all claims resulting from Submissions you supply. BLA takes no responsibility and assumes no liability for any Submissions posted by you or any third party, including if you make any of your personally identifiable information available through the Site.

Your use of third party platform Forums (such as Facebook) is subject to the Terms of Use,  Privacy Policy, and other legal requirements of the particular platform, and BLA takes no responsibility and assumes no liability for those legal agreements.  Please review all third party platform legal agreements prior to engaging in that Forum. 

 

Our Forums are designed to facilitate the exchange of information between users. Information, products, services and other materials available on our Forums is provided by our staff and other contributors, some of whom use anonymous screen names and are people not otherwise connected with BLA (“Third Party Materials”). You acknowledge that a large volume of information, including Third Party Material, is available in our Forums and that people participating in such Forums occasionally post messages or make statements, whether intentionally or unintentionally, that are inaccurate, misleading or deceptive. We neither control, nor endorse, nor are we responsible for such messages or statements, or for any opinion, advice, information or other content or Third Party Materials made or displayed on the Site or Forums by third parties, whether such third parties are visitors to the Site, members of the BLA community or others. The opinions expressed in the Forums reflect solely the opinion(s) of the participants and may not reflect the opinion(s) of BLA. We are not responsible for any errors or omissions in articles or postings, for hyperlinks embedded in messages or for any results obtained from the use of such information or Third Party Materials. Under no circumstances will we or our affiliates, suppliers or agents be liable for any loss or damage caused by your reliance on such information or Third Party Materials.

 

We have no obligation to monitor the Site or the Forums, or any Submissions or other materials (including Third Party Materials) that you or other third parties transmit or post on the Site or the Forums. You acknowledge and agree that we and our affiliates have the right (but not the obligation) to monitor or analyze your access to or use of the Site and the Forums and the materials you transmit or post, including Submissions; to evaluate, alter or remove any such materials (including, without limitation, any Submissions or postings to a Forum) before or after they appear in a Forum; to disclose such materials and the circumstances surrounding their transmission to any third party for any reason or purpose, including in order to operate the Site and Forums properly; to protect ourselves, our sponsors and our members and visitors; and to comply with legal obligations or governmental requests.

 

  1. USE OF MATERIALS

 

Subject to your compliance with these Terms of Use, and solely for so long as you are permitted by BLA to use the Site, BLA grants to you a limited license to access and make personal use of the Site (or any portion of the Site) to which we provide you access under these Terms of Use, on any single device. No portion of the Site may be reproduced, duplicated, copied, sold, resold, visited or otherwise exploited for any commercial purpose. Use or downloading of any of the Materials is conditioned on acceptance of the terms and conditions of any license agreements relating to such Materials, including agreements of third parties. By acquiring or using the Materials, you agree to such terms and conditions. We may make available certain Materials via the Creative Commons Attribution-Noncommercial-Sharealike License (the “Creative Commons License”) for your personal, non-commercial use, as provided in a notice at the bottom of such Materials. You are permitted to use such certain Materials in accordance with the terms of the Creative Commons License, which include, among other things, the requirement to attribute such Materials to BLA (or the applicable BLA affiliated or contracted entity identified in such notice). Although you may use our name solely to comply with the attribution requirement under the Creative Commons License, please note that you are prohibited from using our logos or other Trademarks, as set forth in Section 2, above. Any unauthorized use of the Site or any Materials automatically terminates any permission or license granted by BLA. You are granted a limited, revocable and nonexclusive right to create a hyperlink to the home page of BLA so long as the link does not portray BLA, its affiliates or their products or services in a false, misleading, derogatory or otherwise offensive matter.

 

Without limiting the generality of the foregoing, your use of the Member Services must be only for personal, non-commercial use. You agree not to use any Member Service, in whole or in part in connection with any public presentation even if no fee is charged (except where such use would not constitute a copyright infringement).

 

  1. CONTENT ACCESSIBLE THROUGH LINKS FROM THE SITE

 

Certain Site functionality may make available access to Third Party Materials, or allow for routing or transmission of such Third Party Materials to you via links to other World Wide Web sites and resources. Because BLA has no control over such sites, resources or Third Party Materials, you acknowledge and agree that BLA is not responsible for the availability of such external sites, resources or Third Party Materials, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources, including Third Party Materials. You further acknowledge and agree that BLA shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, services or Third Party Materials available on or through any such site or resource. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any third parties.

 

  1. YOUR ACCOUNT

 

When and if you register with the Site and/or purchase Member Services, you agree to (a) provide accurate, current and complete information about yourself as prompted by our registration form (including your email address and any additional information required if you purchase Member Services) and (b) maintain and update your information (including your email address, billing information, and any additional information required if you purchase Member Services) to keep it accurate, current and complete. You acknowledge that, if any information provided by you is untrue, inaccurate, not current or incomplete, we reserve the right to terminate your access to and use of all or any portion of the Site.

 

As part of the registration process, you may be asked to select a username and password. We may refuse to grant you, or require that you change, any username or password that you select in registering, including anything you select that impersonates someone else, is or may be illegal, is or may be protected by trademark or other proprietary rights law, is vulgar or otherwise offensive or may cause confusion, as determined by us in our sole discretion. You will be responsible for the confidentiality and use or misuse of your username and password and agree not to transfer or resell your use of or access to the Site to any third party. If you have reason to believe that your account with us is no longer secure, you must promptly notify us and change your username or password. YOU ARE ENTIRELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR USERNAME AND PASSWORD AND FOR ANY AND ALL ACTIVITIES (INCLUDING PURCHASES, AS APPLICABLE) THAT ARE CONDUCTED THROUGH YOUR ACCOUNT.

BLA recommends that you do not allow your child or teen to access your account or materials unsupervised.  You are responsible for the actions, behavior, and compliance of all child and teen users for whom you are the legal guardian and/or to whom you have allowed access to your account.

 

  1. CODE OF CONDUCT

 

While using the Site and/or Materials, you agree to comply with all applicable laws, rules and regulations, and that you will not:

 

  • Use the Site or Materials for any unlawful or improper purpose;
  • Use a false e-mail address, impersonate any person or entity or otherwise mislead as to the origin of any content;
  • Express or imply that any statements you make are endorsed by us, without our prior written consent;
  • Transmit (a) any content or information that is unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable or otherwise fails to respect the rights and dignity of others, (b) any material, non-public information about companies without the authorization to do so; (c) any material protected by trade secret, copyright, trademark, right of publicity or privacy or any other proprietary right of any third party; or (d) any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or other unsolicited commercial purpose or communication;
  • Use any BLA Trademark or any BLA graphics, logos, page headers, button icons, scripts or services names;
  • Remove any copyright, trademark or other proprietary rights notices contained in the Site or any Materials;
  • “Frame” or “mirror” any part of the Site, or otherwise incorporate any part of the Site into any product or service, without our prior written authorization;
  • Collect, harvest or store personal data or other information about other users;
  • Harass other users;

 

  • Restrict or inhibit any other visitor or member from using the Site, including, without limitation, by means of interfering or disrupting the operation of the Site or the servers or networks used to make the Site available, such as by “hacking” or defacing any portion of the Site;
  • Engage in spamming or flooding;
  • Reproduce, modify, adapt, translate, create derivative works of, sell, rent, lease, loan, timeshare, distribute or otherwise exploit any portion of (or any use of) the Site except as expressly authorized herein, without BLA’s prior written consent;
  • Reverse engineer, decompile or disassemble any portion of the Site, except where such restriction is expressly prohibited by applicable law;
  • Transmit any software or other materials that contain any viruses, worms, trojan horses, Easter eggs, defects, date bombs, time bombs, spyware, or other items of a destructive nature; or
  • Use any robot, spider, site search/retrieval application or other manual or automatic device or process to retrieve, index, “scrape,” “data mine” or in any way gather Site content, or reproduce or circumvent the navigational structure or presentation of the Site or its contents.

 

If you find any Materials on the Site which you believe violate or are inconsistent with this Code of Conduct, please contact the Site administrator at [email protected]

When you use the Member Services, you further agree not to (and will not attempt to):

  • use any part of the Member Services in an illegal manner or for an illegal purpose;
  • share your BLA account password with someone else to allow them to access any part of the Member Services that such person did not order;
  • copy, sell, rent, or sublicense the Member Services to any third party;
  • circumvent, reverse-engineer, modify, disable, or otherwise tamper with any security technology that BLA or any third-party uses to protect the Member Services or encourage or help anyone else to do so;
  • access the Member Service other than by means authorized by BLA; or remove any legal notices or labels on Member Services;
  • present any false, inaccurate or misleading information in an effort to misrepresent your location or place of residence, and you will not attempt to circumvent any restrictions on access to or availability of the Member Services or content available within the Member Services.

 

  1. MAKING PURCHASES; MEMBERSHIP FEES

 

Payment. If you wish to purchase products or services described on the Site, including Member Services, you may be asked by BLA or the third party provider of the product or service to supply certain information applicable to your purchase, including without limitation credit card and other information. You represent and warrant that you have the right to use any credit card that you submit in connection with your purchase. You understand that any such information will be treated by BLA in the manner described in our Privacy Policy. You agree that all information that you provide to BLA or such third party provider will be accurate, current and complete. You agree to pay all charges incurred by you or any users of your account and credit card (or other applicable payment mechanism) at the price(s) in effect when such charges are incurred. You will also be responsible for paying any applicable taxes, shipping and handling charges relating to your purchases.  You agree to not request any chargebacks on your credit card.

 

Third-Party Payment Providers. All payments will be processed via a third-party platform. BLA accepts payment via the current payment method indicated at time of purchase, which may include credit or debit card, and any other form of payment that BLA makes available to you from time to time. You agree to abide by any relevant Terms of Service or other legal agreement whether with BLA, Apple, Stripe, Google, PayPal or another third-party platform, that governs your use of a given payment processing method.

 

Membership Fees. Your membership may be paid for by one-time payment or via subscription fees.  Subscription fees for the Member Services are recurring payments (except where identified as otherwise). The term may be monthly or annual, as described in the course of transaction. Your subscription begins upon payment of the first installment of subscription fees. The subscription renews monthly or annually as applicable upon the payment of automatically recurring subscription fees. Monthly or annual fees are charged on the same day of the month that the subscription began. (For example, if a monthly subscription began on the 29th, 30th, or 31st day of a month, then membership will renew on the last day of any month that does not have that many days.)  One-time payments for specific materials or memberships will be purchased at checkout.

 

Prices for Member Services may change at any time, and BLA does not provide price protection or refunds in the event of a price reduction or promotional offering. You agree to pay for any Member Services that you order. You will be notified of any increase in charges by BLA prior to your credit card being charged.  Your credit card or other form of payment will be charged for the price and billing period listed on the relevant Member Services offer, along with any additional amounts relating to applicable taxes, bank fees and currency fluctuations. If you purchase any automatically renewing subscriptions, you agree that BLA will charge the payment method on file on the first day of each billing period for the relevant subscription, and if the payment method on file becomes invalid due to an expired credit card or other similar reason and we are unable to charge you on the next billing period, BLA reserves the right to immediately revoke your access to any Member Services you have ordered until you update your payment method. If you fail to update your payment method within a reasonable amount of time, BLA may cancel your subscription.

 

Taxes. If BLA is required to collect or pay any taxes in connection with your purchase of Member Services, such taxes will be charged to you at the time of each purchase transaction or other appropriate time as applicable. Additionally, if required by law, you are responsible for reporting and paying certain taxes in connection with your purchase and use of Member Services. Such taxes may include duties, customs fees, or other taxes (other than income tax), along with any related penalties or interest, as applicable to your purchase.

 

Cancellations and Refunds. You can cancel your Member Services at any time by contacting BLA at [email protected] If you purchase a subscription to Member Services that automatically renews, you may cancel the subscription at any time before the end of the current billing period and the cancellation will take effect on the next billing period, except as otherwise communicated to you by BLA. You will retain access to the Member Services from the time you cancel until the start of the next billing period, and will not receive a refund or credit for any remaining days in your current billing period.  Unless otherwise specifically offered for a particular purchase, one-time purchases and subscription fees are final and nonrefundable. If BLA reasonably determines that a user has violated these Terms of Service, BLA may immediately terminate the subscription and the user’s access to Member Services without notice and without refund.

 

Important Notice With Respect to Products or Services on the Site. Descriptions or images of, or references to, products or services on the Site do not imply BLA’s endorsement of such products or services. We make no representations as to the accuracy, validity or timeliness of such descriptions, images or references. We reserve the right, without prior notification, to change such descriptions, images or references, to limit the order quantity on any product or service and/or to refuse service to you. Verification of information applicable to a purchase may be required prior to BLA’s acceptance of any order. Price and availability of any product or service are subject to change without notice. It is your responsibility to follow all laws regarding the purchase and use of any product or service.

 

  1. CLAIMS OF COPYRIGHT INFRINGEMENT

 

The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that any of the materials hosted on the Site infringe your copyright, you (or your agent) may send us a notice by mail or e-mail, requesting that the material be removed or access to it blocked. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send BLA a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright for details. Notices and counter-notices with respect to the Site must be sent in writing to our Chief Financial Officer as follows: by mail to Copyrights c/o Chief Financial Officer, Beyond Limits Academy, Inc., 6114 La Salle Ave, Suite 510, Oakland, CA 94611; or by e-mail to [email protected] We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the DMCA. Please note that BLA may terminate any user who it reasonably believes to be a repeat copyright infringer.

 

  1. OUR PROPRIETARY RIGHTS

We and our respective licensors and suppliers own the Site and the information and materials made available through the Site, which are protected by copyright, trademark, patent, and/or other proprietary rights and laws.

 

  1. DISCLAIMERS

 

THE SITE, THE MATERIALS AND THIRD PARTY MATERIALS ON THE SITE AND ANY PRODUCT OR SERVICE OBTAINED THROUGH THE SITE, INCLUDING, WITHOUT LIMITATION, THROUGH MEMBER SERVICES, ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE.

Applicable law may not allow the exclusion of implied warranties, so the above exclusions may not apply to you.

NEITHER BLA NOR ANY OF ITS AFFILIATES, LICENSORS, MEMBER ORGANIZATIONS, SUPPLIERS, ADVERTISERS, SPONSORS, NOR ANY OF OUR OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS OR OTHER REPRESENTATIVES MAKES ANY WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF THE SITE, INCLUDING, WITHOUT LIMITATION, ANY MEMBER SERVICES, OR ANY OF THE MATERIALS OR THIRD PARTY MATERIALS, NOR DO THEY WARRANT THAT YOUR USE OF THE SITE OR ANY SOFTWARE WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE, THE SERVER(S) ON WHICH THE SITE IS HOSTED OR SITE SOFTWARE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY MATERIAL OR THIRD PARTY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU ACKNOWLEDGE THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL OR THIRD PARTY MATERIAL. YOUR USE OF THE SITE, INCLUDING, WITHOUT LIMITATION, ANY MEMBER SERVICES, MATERIALS, AND THIRD PARTY MATERIALS PROVIDED THROUGH THE SITE IS ENTIRELY AT YOUR OWN RISK.

 

  1. LIMITATION OF LIABILITY

 

NEITHER BLA NOR ANY OF OUR AFFILIATES, LICENSORS, MEMBER ORGANIZATIONS, SUPPLIERS, ADVERTISERS OR SPONSORS, NOR ANY OF OUR OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS OR OTHER REPRESENTATIVES, ARE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF BUSINESS, LOSS OF DATA OR LOST PROFITS), UNDER ANY CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE (INCLUDING, WITHOUT LIMITATION, MEMBER SERVICES), MATERIALS AND/OR THIRD PARTY MATERIALS CONTAINED ON THE SITE OR ANY LINKED SITE AND/OR ANY PRODUCTS OR SERVICES OBTAINED THROUGH THE SITE, INCLUDING, WITHOUT LIMITATION, THROUGH MEMBER SERVICES, EVEN IF BLA HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, MATERIALS, THIRD PARTY MATERIALS, ANY LINKED SITE, PRODUCTS OR SERVICES, INCLUDING, WITHOUT LIMITATION, MEMBER SERVICES, IS TO STOP USING THE SITE, MATERIALS, THIRD PARTY MATERIALS, LINKED SITE, MEMBER SERVICE, PRODUCTS OR SERVICES, AS APPLICABLE.

 

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE) OR OTHERWISE EXCEED THE GREATER OF (A) $100 OR (B) THE TOTAL AMOUNT PAID BY YOU TO BLA DURING THE 12-MONTH PERIOD PRIOR TO THE ACT, OMISSION OR OCCURRENCE GIVING RISE TO SUCH LIABILITY. MOREOVER, UNDER NO CIRCUMSTANCES SHALL WE OR ANY OF OUR AFFILIATES, LICENSORS, MEMBER ORGANIZATIONS, SUPPLIERS, ADVERTISERS OR SPONSORS BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM AN ACT OF FORCE MAJEURE OR CAUSES BEYOND OUR OR THEIR REASONABLE CONTROL.

 

 

  1. TERMINATION; CHANGES OR DISCONTINUATION OF SERVICES

 

We reserve the right to terminate or suspend your access to and use of the Site or any portion thereof, including Member Services, at any time and for any reason, with or without cause BLA shall have no liability for any such suspension or termination, following which your right to use the Site shall immediately cease, and you shall destroy all Materials obtained from the Site and all copies thereof, whether made under these Terms of Use or otherwise. In addition, we reserve the right to change the availability of Member Services and modify or discontinue any Member Service with or without notice to you and we will not be liable to you or any third party for any such changes.

 

  1. INDEMNIFICATION

 

You agree to indemnify, defend and hold BLA, our affiliates, licensors, member organizations, suppliers, advertisers and sponsors, attorneys, and our and their directors, officers, employees, consultants, agents and other representatives, harmless from and against any and all claims, damages, losses, costs (including without limitation attorneys’ fees) and other expenses that arise directly or indirectly out of or from (a) your breach of these Terms of Use, (b) your use of and activities in connection with the Site and/or (c) your account(s) (including presenting any false, inaccurate or misleading information in an effort to misrepresent your location or place of residence, and you will not attempt to circumvent any restrictions on access to or availability of the Member Services or content available within the Member Services). You shall cooperate with us in the defense of any claim. We reserve the right, at our own expense, to employ separate counsel and assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

 

  1. ACCESS BY MINORS

 

Please see our Privacy Policy for more information on this subject. In addition, pursuant to 47 U.S.C. Section 230(d), as amended, we hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available from https://en.wikipedia.org/wiki/Comparison_of_content-control_software_and_providers. Please note that such website is not controlled, operated or endorsed by BLA and that BLA is not responsible for such site or any of the products or services listed on such site.

 

  1. NOTICE FOR CALIFORNIA USERS

 

Under California Civil Code Section 1789.3, California Site users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

 

  1. APPLICABLE LAW AND JURISDICTIONAL ISSUES; ARBITRATION

 

The Site is controlled and operated by BLA from its office in Oakland, California and is not intended to subject BLA to the laws or jurisdiction of any state, country or territory other than California and the United States of America. The Site is solely directed to individuals residing in the United States. Those who choose to access the Site from other locations do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent local laws are applicable. Member Services are not available in Cuba, Iran, Lebanon, Syria, North Korea, Libya, Sudan or Somalia, and you may not, and should not attempt to, purchase Member Services if you are located in any of those countries..

 

We may limit the Site’s availability at any time, in whole or in part, to any person, geographic area or jurisdiction that we so choose. These Terms of Use are governed by and construed in accordance with the laws of the United States of America (including federal arbitration law) and the State of California, United States of America, without regard to its principles of conflicts of law or your location, and the parties hereby expressly exclude application of the United Nations Convention on the International Sale of Goods.

 

Except for disputes that qualify for small claims court, any dispute or claim arising out of or relating to these Terms of Use or any aspect of the relationship between you and BLA, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, will be resolved through final and binding arbitration before a neutral arbitrator instead of in a court by a judge or jury and you agree that BLA and you are each waiving the right to trial by a jury. The arbitration will be administered by the American Arbitration Association under its Consumer Arbitration Rules, as amended by this Agreement. The Consumer Arbitration Rules are available online at https://www.adr.org/sites/default/files/Consumer_Rules_Web_0.pdf. The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by you or by us that an in-person hearing is appropriate. Any in-person appearances will be held at a location within fifty (50) miles from Oakland, California.  If the parties are unable to agree on a location, such determination should be made by the AAA or by the arbitrator. The arbitrator’s decision will follow these Terms of Use and will be final and binding. The arbitrator will have authority to award temporary, interim or permanent injunctive relief or relief providing for specific performance of these Terms of Use, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof. Notwithstanding any of the foregoing, nothing in these Terms of Use will preclude you from bringing issues to the attention of federal, state or local agencies and, if the law allows, they can seek relief against us for you.

 

  1. Export Control

 

The supply of good and services through the Site is subject to United States export control and economic sanctions requirements. By acquiring any such items through the Site, you represent and warrant that your acquisition comports with and your use of the item will comport with those requirements. Without limiting the foregoing, you may not acquire goods, services or software through the Site if: (1) you are in, under the control of, or a national or resident of Cuba, Iran, North Korea, Sudan, Syria or any other country subject to a U.S. government embargo or other restriction, or that has been designated by the U.S. government as a “terrorist supporting country,” (2) you are on the U.S. Treasury Department's Specially Designated Nationals List, the U.S. Commerce Department's Denied Persons List, Unverified List or Entity List or any of the other U.S. government lists of restricted end users, or (3) you intend to supply the acquired goods, services or software to Cuba, Iran, North Korea, Sudan or Syria (or a national or resident of one of these countries) or any other country subject to a U.S. government embargo or other restriction, or that has been designated by the U.S. government as a “terrorist supporting country,” or to a person on the Specially Designated Nationals List, Denied Persons List, Unverified List or Entity List or any of the other U.S. government lists of restricted end users.

 

  1. Miscellaneous

 

If any provision of these Terms of Use is found to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions. These Terms of Use, including any terms and conditions incorporated herein, constitute the entire agreement between us relating to the subject matter herein and supersede any and all prior or contemporaneous written or oral agreements between us with respect to such subject matter. These Terms of Use are not assignable, transferable or sublicenseable by you except with BLA’s prior written consent. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained in these Terms of Use is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof.

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