We may update or amend these Terms from time to time to comply with
These Terms govern and apply to your access to and use of the Site(s) and their related domains on which these Terms appear, any order you place through the Site(s), and to all products and services we supply, produce, distribute, or market. To the extent of any express inconsistency with any other agreement you may have with BFU for products, services, or otherwise, that other agreement shall prevail unless otherwise explicitly stated therein.
You must only use the Site(s) for personal and lawful purposes, and you must not use them in a way that infringes on the rights of anyone else or that restricts or inhibits anyone else’s enjoyment of the Site(s). You may not use the content of the Site(s) for any commercial exploitation whatsoever. In addition, you agree that you will comply with all applicable local, national, and international laws and regulations that relate to your use of or activities on the Site(s).
In using the Site(s), you further agree:
- not to disrupt or interfere with the security of, or otherwise abuse, the Site(s), or any services, system resources, accounts, servers, or networks connected to or accessible through the Site(s) or affiliated or linked Site(s);
- not to disrupt or interfere with any other user’s enjoyment of the Site(s) or affiliated or linked websites;
- not to upload, post, or otherwise transmit through or on the Site(s) any viruses or other harmful, disruptive, or destructive files;
- not to use, frame, or utilize framing techniques to enclose any BFU trademark, logo, or other proprietary information (including the images found at the Site(s), the content of any text, or the layout/design of any page or form contained on a page) without BFU’s express written consent;
- not to use meta tags or any other “hidden text” utilizing a BFU name, trademark, or product name without BFU’s express written consent;
- not to
deeplinkto any Site without BFU’s express written consent;
- not to collect or store personal data about others;
- not to attempt to obtain unauthorized access to the Site(s) or portions of the Site(s) that are restricted from general access;
- not to create or use a false identity on any Site, share your account information, or allow any person other than yourself to use your account to access the Site(s);
- not to post any material that is knowingly false and/or defamatory, inaccurate, abusive, vulgar, hateful, harassing, obscene, profane,
sexually oriented, threatening, invasive of a person’s privacy, or otherwise violative of any law; and
- not to post any copyrighted material unless the copyright is owned by you or by BFU.
We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of the Site(s). We have the right to remove any material or posting you make on the Site(s) for any reason.
The views and opinions of trainers, coaches, experts and any other contributors to the Site do not necessarily state or reflect the attitudes and opinions of BFU. These views and opinions shall not be attributed to or otherwise endorsed by BFU, and may not be used for advertising or product endorsement purposes without the express, written consent of BFU.
If you are under 18, you may register and use the Site(s) only with the involvement of a parent or guardian. BFU does not accept the online registration of minors; please do not attempt to register on the Site(s) if you are under the age of 18. If we discover that personal information has been submitted by a minor to our Site(s), we reserve the right to delete such information. BFU does not seek or share personal information from minors throughout the Site(s).
CONTENT UPLOADED TO THE SITES
In the event that you upload any comments, photographs, video clips, or other text or media to the Site(s) (the “Uploaded Content”), BFU has the exclusive right to use any and all such elements of the Uploaded Content in connection with and/or as part of its business, including in connection with and/or in any advertising, in any and all media, in perpetuity throughout the world as BFU in its sole discretion sees fit without further consent from you or payment to you. BFU has all right, title, and interest in any and all results and proceeds from such use of the Uploaded Content. BFU has the right to transfer the aforementioned rights to use the Uploaded Content to any third party, including, but not limited to, any of its subsidiaries or affiliated companies. BFU may alter, adapt, or edit the Uploaded Content and any further material created under these Terms, and market and exploit it entirely at BFU’s sole discretion. BFU is not obliged to make any use of the Uploaded Content or exercise any of the rights granted by these Terms.
Users of the Site(s) must only post Uploaded Content that is owned by, and features, themselves, and no other third parties.
Users posting Uploaded Content via a user profile must treat their login credentials and password confidential and ensure that they are not shared with any third party that might jeopardize the security of their account.
CHANGES TO THE SITES
BFU may, in its sole discretion, terminate, change, modify, suspend, make improvements to, or discontinue any aspect of the Site(s) or any products available through or outside of the Site(s), temporarily or permanently, including the availability of any features of the Site(s) or access to any parts of the Site(s), at any time without notice to you, and you agree that BFU shall not be liable therefor.
BFU makes no claim or representation
In addition, BFU’s descriptions of, or references to, products or services not owned or controlled by BFU on and outside of the Site(s) do not imply endorsement of that product, or constitute a warranty in any way, by BFU.
The trademarks and trade dress of BFU are proprietary to BFU and may not be used by you for any reason other than as expressly permitted by these terms. All Site content, design, text, graphics, logos and interfaces; the collection, selection, and arrangement thereof; and all software (collectively, “Content”) are
You acknowledge that BFU and/or its third-party licensors remain the owners of all Site
COPYRIGHT POLICY AND COPYRIGHT AGENT
It is BFU’s policy to respect the copyright and intellectual property rights of others. BFU may remove from the Site(s) any content that appears to infringe the copyright or other intellectual property rights, including moral rights, of others. In addition, BFU may terminate access to the Site(s) by users who appear to infringe the copyright or other intellectual property rights of others. Further, BFU complies with the Digital Millennium Copyright Act.
If you believe that BFU or any user of our Site(s) has infringed your copyright in any material way, please notify BFU, and provide the following:
- an identification of the intellectual property right claimed to have been infringed;
- an identification of the material that you claim is infringing so that we may locate it on the Site(s);
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the owner, their licensee, and agent of either of the
foregoing,or the law;
- a statement by you that the above information in your notice is accurate, made under penalty of perjury, and that you are authorized to act on behalf of the owner of the intellectual property interest involved.
Please direct inquiries regarding intellectual property infringement issues by email
Business for Unicorns
411 West 39th Street
New York, NY 10018
Attn: Copyright Agent
You agree to indemnify and hold harmless BFU, its parents, subsidiaries, shareholders, officers, directors, employees, agents, and suppliers from any claim, action, demand, loss, or damages (including attorneys’ fees) arising out of or relating to your use of the Site(s), your violation of these Terms, or your violation of any rights of a third party.
ORDER AND PAYMENT INFORMATION
If you use the Site(s) to purchase any product or services, payment must be received by BFU prior to BFU’s acceptance of an order, unless otherwise agreed by BFU. All applicable sales tax will be applied to your order total. BFU may need to verify
In ordering products through the Site(s) or otherwise, you agree to provide only true, accurate, current, and complete information. You hereby certify that any email account you provide to BFU is registered to you. BFU shall have the right to bar your access to and use of the Site(s) or its other products or services if it has reasonable grounds to believe that you have provided untrue, inaccurate, not
WAIVER AND RELEASE
By signing up for and/or attending any in-person, live-streamed or pre-recorded video classes, training sessions, events, activities, and/or other programs, and by using the Site(s) or the BFU premises, facilities and equipment (individually and/or collectively, the “Classes and Facilities”), you hereby acknowledge on behalf of yourself, your heirs, personal representatives and/or assigns, that there are certain inherent risks and dangers in association with the Classes and Facilities. You acknowledge that some of these risks cannot be eliminated regardless of the care taken to avoid injuries. You also acknowledge that the specific risks vary from one activity to another, but range from (a) minor injuries such as scratches, bruises, and sprains; (b) major injuries such as eye injury or loss of sight, joint or back injuries, heart attacks, and concussions; and (c) catastrophic injuries including paralysis and death. You also acknowledge that the specific risks vary from one activity to another. At all times, you shall comply with all stated and customary terms, posted safety signs, rules, and verbal instructions given to you by BFU staff. If in the subjective opinion of the BFU staff, you would be at physical risk participating in BFU’s Classes or Facilities, you understand and agree that you may be denied access to the Classes and Facilities until you furnish BFU with an opinion letter from your medical doctor, at your sole cost and expense, specifically addressing BFU’s concerns and stating that BFU’s concerns are unfounded. In consideration of being allowed to participate in and access the Classes and Facilities, you hereby (i) agree to assume full responsibility for any and all injuries or damage which are sustained or aggravated by you in relation to the Classes and Facilities; (ii) release, indemnify, and hold harmless BFU, its subsidiaries and affiliate entities, and each of their respective officers, directors, members, employees, representatives
LIMITATIONS ON LIABILITY
YOU EXPRESSLY AGREE THAT USE OF THE SITE(S) AND OTHER PRODUCTS AND SERVICES OF BFU IS AT YOUR SOLE RISK. YOU UNDERSTAND AND AGREE THAT THE SITE(S) AND THE INFORMATION, SERVICES, PRODUCTS, AND MATERIALS AVAILABLE THROUGH IT AND OTHERWISE ARE PROVIDED ON AN “AS-IS” AND “
IN NO EVENT, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, SHALL BFU OR ITS AFFILIATES BE LIABLE FOR ANY DAMAGES, CLAIMS, OR LOSSES INCURRED (INCLUDING WITHOUT LIMITATION COMPENSATORY, INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES),
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, BFU’S LIABILITY TO YOU FOR ANY CAUSE OF ACTION OR CLAIM WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU IN THE LAST 90 DAYS TO BFU FOR ANY PRODUCTS OR SERVICES SUPPLIED BY BFU THROUGH YOUR USE OF THE SITE(S) OR OTHERWISE.
BFU WILL NOT BE LIABLE IN ANY AMOUNT FOR FAILURE TO PERFORM ANY OBLIGATION UNDER THESE TERMS IF SUCH FAILURE IS CAUSED BY THE OCCURRENCE OF ANY UNFORESEEN CONTINGENCY BEYOND ITS REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, INTERNET OUTAGES, COMMUNICATIONS OUTAGES, FIRE, FLOOD, OR WAR.
The Sites are originated and located in the United States, and these Terms shall be governed by and construed in accordance with the laws of the State of New York applicable to contracts made and wholly performed therein, excluding its conflicts of law provisions. Visitors who choose to access this website from locations outside of the United States do so on their own initiative and are responsible for compliance with applicable laws and regulations. Any dispute arising out of or relating to these Terms or your access or use of the Site(s) will be subject to the exclusive jurisdiction of the courts located within the State of New York, and you hereby submit to the personal jurisdiction of such courts.
The terms of this section apply to the extent permitted by law and survive any termination of the Terms.
Notwithstanding any of these Terms, BFU reserves the right, without notice and in its sole discretion, for any reason or no reason, to terminate your ability to use the Site(s) and to block or prevent future access to and use of the Site(s). You agree that BFU shall not be liable for any termination of your use of or access to the Site(s).
If any provision of these Terms, or part thereof, shall be deemed invalid, unlawful, void, or for any reason unenforceable by a court of competent jurisdiction, then that provision, or part thereof, shall be deemed severable from the rest of these Terms and shall not affect the validity and enforceability of any remaining provisions or part thereof. The terms of this section survive any termination of the Terms.
The Terms constitute the entire agreement between BFU and you with respect to your use of the Site(s). The section titles used in the Terms are purely for convenience and carry with them no legal or contractual effect. Nothing in these Terms will be construed as creating a joint venture, partnership, employment, or agency relationship between you and BFU, and you do not have any authority to create any obligation or make any representation on BFU’s behalf. You may not assign or transfer any rights or obligations of these Terms, by operation of law or otherwise, without BFU’s written consent. Subject to the foregoing, these Terms will be binding on, inure to the benefit of, and be enforceable against you and BFU and their respective successors and assigns. These Terms supersede any other terms and conditions previously published by us and any other representations or statements made by us to you, whether oral, written, or otherwise. We may assign, transfer, or
Last updated and effective: August 06, 2019