Body Guard Terms & Conditions of Use
I. Bully Guard App Terms of Service applicable to all members
Welcome to Bully Guard App (referred to as Bully Guard). We are glad you have decided to join us. Please take a moment to review these Terms of Service (“Terms” or the “Agreement”). These Terms are an agreement between you and Body Guard App LLC. It is important that you understand both the benefits we provide and our limitations.This Agreement applies to the website owned by Body Guard App LLC., accessible at theBullyGuardApp.com and the interface of any and all of your personal electronic devices.
1. Acceptance of Terms.
2. Age Restriction
Under 18 years old. If you are under 18 years old you will need parental consent to sign up for Body Guard. Aggreeing to these terms and conditions signifies that you are over 18 years of age or you are the parent or guardian of the regitrant and you agree with the terms and conditions set forth herin including payment authorization for the registrant that is under the age of 18.
Note to Parents/Guardians: If you have any concerns about Body Guard or its related services, please contact us by clicking here.
Body Guard prohibits registration by and will not knowingly collect personally identifiable information from anyone under 18 without parental consent. This requirement will be posted at points of data collection within Body Guard, such as registration for services and on searches performed on people under the age of 18.
3. About our Services.
a). Body Guard as a commitment to our users, we currently provide you with access to a rich collection of online resources. We reserve the right to change the cost of services, or to charge for other services, at any time.
b). Service Limitations. We will do our best to make your experience with Body Guard a pleasurable one, but we cannot always foresee or anticipate technical or other difficulties. These difficulties may result in loss of data, personalization settings, or other service interruptions. For this reason, you agree that Body Guard services, including the services of our third-party service providers, are provided “AS IS.” Body Guard and our third party service providers cannot assume responsibility for the timeliness, deletion, mis-delivery, or failure to store any user data, communications, or personalization settings. In addition, you hereby acknowledge and agree that in many cases we obtain our data from third-party sources, which may or may not be completely thorough and accurate and as such you cannot rely on its accuracy or completeness.
c). Service Changes and Discontinuation. Body Guard reserves the right to change or discontinue, temporarily or permanently, the Service at any time without notice. You agree that Body Guard will not be liable to you or any third party for any modification or discontinuance of the Service.
4. “Rules of the Road”
For the benefit of the entire Body Guard community and to comply with applicable laws, we have a few mandatory guidelines that we call “Rules of the Road.” Please understand, though, that any conduct that violates the Rules of the Road is grounds for termination of your account. For this reason, we ask that you carefully read and follow them:
a). Provide Accurate Information. You agree to provide true, accurate, current, and complete information about yourself as requested in the registration forms (we call this information “Registration Data”). Accurate records help us create better sites and provide us with opportunities to identify new services or products that may interest you. Please update the Registration Data to keep it current and accurate.
b). Guard Your Password. You will receive a password and account designation upon completing the registration process. You are responsible for maintaining the confidentiality of your password and account, and you are fully responsible for all activities that occur using your password or account. Please notify Body Guard immediately of any unauthorized use of your password or account or any other breach of security. You hereby acknowledge that the information available through Body Guard may include personally identifiable information and it is your responsibility to keep all such accessed information confidential and secure.
c). Obey the Law. You represent and warrant that you will not use the service for illegal purposes or for the transmission of material that is unlawful.
d). Content Restrictions. Body Guard attempts to provide some of the very best content available on the web, and we make it available to you on the web for your personal, noncommercial use. All website design, text, graphics, the selection and arrangement thereof, and all software that are part of Body Guard are protected by international copyright laws. The publication, sale, or redistribution in any form or medium of text, photos, graphics, audio, and/or video materials or any other form of proprietary content found on Body Guard is strictly prohibited without the prior written permission of Body Guard . Content that is publicly available on Body Guard may not be stored in a computer, except for personal and noncommercial use.
e). Limits On Uses of User Information. By using Body Guard websites, you agree not to data-scrape, copy, aggregate, redistribute, alter, reproduce, or re-use for commercial purposes any user’s (whether specific to any particular user or as an aggregation of users’ information) information accessible through any websites or networks owned by Body Guard. “Commercial purposes” can include but is not limited to selling information to third parties; using the data collected to customize users’ experiences at a site or network outside of Body Guard; using the data for targeted marketing campaigns not affiliated with Body Guard; or using the data to offer services to Body Guard users. Body Guard reserves the right to take immediate action against any individual or entity participating in any of the prohibited actions mentioned above.
5. Rights You Grant to Body Guard
b). Body Guard Advertising. Body Guard relies on advertisers to help fund the services that we offer to our Members. You agree that Body Guard may display advertisements and promotions of all kinds in and with the services.
c). Account Access. In order to ensure that Body Guard is able to provide high-quality services that are responsive to Members’ needs, you agree that Body Guard employees have access to your account and records as reasonably needed to investigate complaints.
d). Merger or Acquisition. In order to ensure a smooth transition of services relative to your subscription, in the event of a merger, acquisition, reorganization, sale of all or substantially all of its assets, or the sale of an individual website owned by Body Guard, Body Guard may transfer your Personally Identifiable Information to a third party as a part of such merger, acquisition, reorganization, or sale.
6. Other Legal Issues
a). Disclaimer of Warranties. You expressly understand and agree to the following:
Body Guard makes no warranty that (i) the Service will meet your requirements, (ii) the Service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, (v) that your email or voicemail messages will not be lost, and (vi) any errors in the software will be corrected. Any material downloaded or otherwise obtained through the use of the Service is done at your own discretion and risk, and you will be solely responsible for any potential damage to your computer system, phones, other electronic devices or loss of data that results from the download of any such material. No advice or information, whether oral or written, obtained by you from Body Guard, our third-party service providers, or through or from the Service will create any warranty not expressly stated in the terms. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you. To the extent that any part of this section is not consistent with any other part of these terms, then this Disclaimer of Warranties will override it.
b). No Endorsement of Content. You acknowledge and agree that Body Guard does not endorse the content of any Advertiser and is not responsible or liable for any content. You acknowledge that Body Guard does not pre-screen all content, but that Body Guard and their designees will have the right (but not the obligation) in their sole discretion to refuse, edit, move, or remove any content that is publicly available via the service.
c). Limitation of Liability. You agree that Body Guards nor its subsidiaries and affiliates, nor any third party data provider (for purposes of indemnification, warranties, and limitations on liability, Body Guards , our subsidiaries and affiliates, and our third party data providers are hereby collectively referred to as “Body Guard Parties”) will not be liable for any harms, which lawyers and courts often call 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 Body Guards has been advised of the possibility of such damages), resulting from: (i) The use or the inability to use the Service; (ii) The ineffective operation of any of any of the services offered; (iii) The cost of getting substitute goods and services resulting from any products, data, information, or services purchased or obtained or messages received or transactions entered into through or from the service; (iv) Unauthorized access to or alteration of your transmissions or data; (v) Conduct of anyone on the service; (vi) For any loss or injury arising out of or caused in whole or in part by Body Guard Parties acts or omissions in procuring, compiling, collecting, interpreting, reporting, communicating, or delivering our services; and (vii) Any other matter relating to the service.
d). Indemnification. You agree to protect and fully compensate the Body Guards Parties from any and all third-party claims, liability, damages, expenses, and costs (including, but not limited to, reasonable attorneys fees) arising from or in any way related to your use of the services, your violation of the terms or your infringement, or infringement by any other user of your account, of any intellectual property or other right of anyone.
e). Miscellaneous. Body Guards provides information of a general nature and is designed for informational purposes only and is not meant to be a substitute for medical, health, legal, or financial advice from a professional. Consult with your professional for any specific medical, health, legal, or financial concern. Body Guards LLC does not endorse any of the treatments, medications, or products that may be discussed herein.
BodyGuards rights under this Agreement may not be waived unless Body Guard agrees to such change in writing. This Agreement is personal to you, and you may assign this agreement only with Body Guard prior written approval. Any other attempt to assign, transfer, or delegate this Agreement shall be null and void.
f.) Choice of Law. This Agreement and all matters relating to your access to, or use of, the Service shall be governed by U.S. federal law or the laws of the State of Delaware excluding that body of laws known as conflicts of laws. If any provision of this Agreement is invalid or unenforceable under applicable law, it is, to that extent, deemed omitted, and the remaining provisions will continue in full force and effect. Any notices related to this agreement need to be given in writing to one another at our address below, or any new address that is given in such a notice. This agreement is the entire understanding between you and Body Guard about the services.
Please read this carefully. It affects your rights. Body Guard and you (such references include our respective subsidiaries, affiliates, predecessors in interest, successors and assigns) agree to arbitrate all disputes and claims arising out of or relating to this Agreement between Body Guard and you.
A party who intends to seek arbitration must first send written notice to Body Guard of its intent to arbitrate (“Notice”). The Notice to Body Guard should be sent by any of the following means: (A) electronic message by clicking here and completing the form; (B) electronic mail to arbitration@BodyGuardApp.com ; or (c) sending the Notice by U.S. Postal Service certified mail to Body Guard, 2 Concord Drive, Oakwood Park, Laflin Pa 18702. The Notice must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought. If we do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or Body Guard may commence an arbitration proceeding. The arbitration shall be governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by this Agreement, and shall be administered by the AAA. All issues are for the arbitrator to decide, including the scope of this arbitration clause, but the arbitrator is bound by the terms of this Agreement. Except as otherwise provided for herein, Body Guard will pay all AAA filing, administration and arbitrator fees. If, however, the arbitrator finds that either the substance of your claim or the relief sought is improper or not warranted, as measured by the standards set forth in Federal Rule of Civil Procedure 11(b), then the payment of all such fees shall be governed by the AA Rules. In such case, you agree to reimburse Body Guard for all monies previously disbursed by it that are otherwise your obligation to pay under the AA Rules. If the arbitrator grants relief to you that is equal to or greater than the value of your Demand, Body Guard shall reimburse you for your reasonable attorneys’ fees and expenses incurred for the arbitration. You agree that, by entering into this Agreement, you and Body Guards LLC are waiving the right to a trial by jury. The arbitrator may award injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. You and Body Guard agree that YOU AND Body Guard MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, and not as a plaintiff or class member in any purported class or representative proceeding. Further, you agree that the arbitrator may not consolidate proceedings or more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding, and that if this specific proviso is found to be unenforceable, then the entirety of this arbitration clause shall be null and void.
II. Subscription (also known as Membership) Terms of Service
THIS SUBSCRIPTION AGREEMENT (“AGREEMENT”) IS A LEGAL AND BINDING AGREEMENT BETWEEN YOU (“SUBSCRIBER,” “YOU,” “YOUR,” OR “YOURSELF”) AS THE END USER, AND Body Guard. (“OUR,” “US,” OR “WE”). PLEASE READ THIS AGREEMENT CAREFULLY PRIOR TO USING Body Guard SERVICE (THE “SERVICES”). BY REGISTERING FOR THE SERVICES, YOU ARE CONSENTING TO BECOME A PARTY TO THIS AGREEMENT AND AGREEING TO BE BOUND BY THE TERMS AND CONDITIONS HEREIN.
IF YOU DO NOT ACCEPT AND AGREE TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, PLEASE DISCONTINUE THE REGISTRATION PROCESS.
1. Payment Obligation and Credit Card Authorization
The Subscriber is responsible for paying periodic subscription fees as agreed at the time of enrollment. All listed fees are in U.S. dollars.
Subscriber hereby authorizes Body Guard to charge the Subscriber’s credit card (or other approved facility) provided to pay for the ongoing cost of subscription. Payment for the appropriate services will be made by automatic debit to the Subscriber’s credit card (or other approved facility).
Subscribers will be automatically renewed for a term equal to the original term upon expiration of the then-current term at a price equal to the current regular, nonpromotional price, and continually thereafter, unless the Subscriber terminates the subscription online in advance of the renewal date pursuant to the process set forth below. Subscriber acknowledges and agrees that the authorization to charge Subscriber’s credit card for services shall automatically transfer to any successors or assigns of Service for substantially similar services at the same website. Subscriber may not assign or transfer his or her subscription to any other person or entity. You must be at least 18 years old (or have the permission of a credit card holder who is) to order subscriptions online. Payment must be made by a major credit card accepted by Body Guard transfer from bank account all processed through PayPal. Cash will not be accepted. The billing period ends each month on the anniversary of your activation date (“Billing Date”). If Body Guard does not receive payment from the credit card issuer or its agent, you agree to pay all amounts due upon demand by Body Guard. Your card issuer agreement governs your use of your designated card in connection with the Service, and you must refer to that agreement and not this Agreement to determine your rights and liabilities as a cardholder. YOU, AND NOT Body Guard, ARE RESPONSIBLE FOR PAYING ANY AMOUNTS BILLED TO YOUR CREDIT CARD BY A THIRD PARTY THAT WERE NOT AUTHORIZED BY YOU. Body Guard RESERVES THE RIGHT, AT ANY TIME, TO CHANGE ITS FEES AND BILLING METHODS, INCLUDING THE ADDITION OF SUPPLEMENTAL FEES OR SEPARATE CHARGES FOR CONTENT, OR SERVICES PROVIDED BY Body Guard. Body Guard MAY ADDITIONALLY PROVIDE NOTICE OF BILLING CHANGES VIA EMAIL.
You may terminate your membership at any time. When you terminate your membership, your account will not be automatically renewed and your access will be terminated on the expiration date.
You acknowledge that Body Guard, in its sole discretion, may terminate your ID, password, account (or any part thereof), or use of the Service for any reason or no reason, including, without explanation or limitation, if Body Guard believes that you have violated or acted inconsistently with the letter or spirit of the Agreement or Body Guard User Agreement. Body Guard may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this Agreement may be effected without prior notice, and acknowledge and agree that Body Guard may immediately deactivate or delete your account and/or bar any further access to the Service. Further, you agree that Body Guard shall not be liable to you or any third party for any termination of your access to the Service. In the event that we discontinue a material portion of the materials and features that you regularly use in the ordinary course of its business, we will terminate your account at your request.
3. Trial Memberships
Body Guard occasionally offers promotional trial memberships special discounted prices. Subscribers who sign up for such trial memberships will be automatically renewed at the posted subscription rate at the end of the trial period, unless the Subscriber cancels before the end of the trial.
4. Subscriber Information
You agree to provide true, accurate, current, and complete information about yourself as prompted by the registration process. Once you subscribe to the Service, you shall receive a password and an account. You are solely and entirely responsible for maintaining the confidentiality of your password. Furthermore, you are solely and entirely responsible for any and all activities that occur under your account. Subscriber must promptly inform Body Guard of any of the following: changes in the expiration date of any credit card used in connection with the service; changes in home or billing address; and apparent breaches of security, such as loss, theft, or unauthorized disclosure or use of an ID or password. Until Body Guard is notified by email of a breach in security, the Subscriber will remain liable for any unauthorized use of Services.
Subscribers are responsible for providing all personal computer and communications equipment necessary to gain access to the Service. Access to and use of Services is through a combination of an ID and a password. Each Subscriber must keep his or her password strictly confidential. Body Guard will not release passwords for any reason, except as may be specifically required by law or court order. Unauthorized access is a breach of this Agreement and a violation of law.
No warranty is made by Body Guard regarding any information, services, or products provided through or in connection with services, and Body Guard hereby expressly disclaims any and all warranties, including without limitation: any warranties as to the availability, accuracy, or content of information, products, or services; or any warranties of merchantability or fitness for a particular purpose. Some states/provinces do not allow the exclusion of implied warranties, so the above exclusion may not apply to you. The subscriber hereby warrants and represents that he or she is in all respects qualified and competent to enter into this agreement.
7. Limitations of Liability
YOU HEREBY AGREE THAT WE WILL NOT BE LIABLE FOR INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES OR ANY LOSS OF REVENUE, PROFITS, OR DATA ARISING IN CONNECTION WITH THIS AGREEMENT OR THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, OUR AGGREGATE LIABILITY ARISING WITH RESPECT TO THIS AGREEMENT AND THE SERVICE WILL NOT EXCEED THE TOTAL FEES PAID BY YOU UNDER THIS AGREEMENT.
8. Use Restriction
The material on Body Guard websites is for the private, noncommercial use of Members only. Any other use is strictly prohibited. Subscribers agree that they will not copy, publish, or in any way make available publicly any news, pictures, interviews, features, or any other information from Body Guard websites, without express written permission from Body Guard. Subscribers agree that, should they do so, Body Guard reserves the right to cancel their subscription immediately without refund. Additionally, re-use of copyrighted information (pictures, interviews, features, videos, audio, etc.) will be prosecuted to the fullest extent of the law.
This agreement is subject to change by Body Guard at any time. We may modify any of the terms and conditions contained in this Agreement at any time in our sole discretion. The updates and all changes will be posted at www.BodyGuardApp.com Terms & Conditions. If any modification is unacceptable to you, you agree that your only recourse is to terminate this Agreement. Your continued use of the Service following our posting of a change notice or new agreement on Body Guard will constitute your binding acceptance of the change.
Notices by Body Guard to Subscribers may be given by means of electronic messages or by a general posting on the service.
For answers to questions about Body Guard or services , please visit our FAQ section on our web site www.BodyGuardApp.com . All questions that can’t be answered by the the FAQ section should be sent by means of electronic message by clicking here.
12. Third Party Beneficiaries
You agree and acknowledge that if the Body Guards Parties determine or reasonably suspect that you are reselling or brokering Body Guards information, programs, computer applications, or data, or are otherwise violating any provision of this Agreement, or any of the laws, regulations, or rules described herein, the Body Guards Parties may take immediate action, including without limitation, legal action, terminating the delivery of, and the license to use, the Body Guard services. You expressly acknowledge that Body Guard’s third party data providers shall be third party beneficiaries of this Agreement and shall have all rights to enforce the terms and conditions of this Agreement.
13. Access from Foreign Territories
You agree that you will not access your subscription from Internet Protocol addresses located outside of the United States and its territories.
14. Right to Investigate
You understand and agree that Body Guard reserves the right to investigate any improper use of the service that we reasonably suspect to be in violation of the terms set forth in this agreement.
15. The Agreement
This Agreement is governed by the laws of the State of Delaware U.S.A., without regard to its conflicts of law provisions. Use of the Service is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this Section.
You shall not use the Service in any manner contrary to local, state, or federal law. For example, because Body Guard is not a “Consumer Reporting Agency” as that term is defined in the federal Fair Credit Reporting Act (15 U.S.C. 1681, et seq.), information provided on the website, wireless devices do not constitute Consumer Reports. Accordingly, information found on the website may not be used in whole or in part as a factor in determining eligibility for credit, insurance, employment or another purpose in connection with which a consumer report may be used under the Fair Credit Reporting Act. You hereby certify that you will not use any of the information you receive through your subscription to determine, in whole or in part an individual’s eligibility for any of the following products, services or transactions: (1) credit or insurance to be used primarily for personal, family or household purposes; (2) employment purposes; (3) a license or other benefit granted by a government agency; or (4) any other product, service or transaction in connection with which a consumer report may be used under the Fair Credit Reporting Act or any similar state statute, including without limitation apartment rental, check-cashing, or the opening of a deposit or transaction account. Body Guard expressly disclaims any and all responsibility or liability for any action by you that is contrary to such law(s) and reserves the right to terminate your Service immediately upon notice for your failure to comply with any such local, state, or federal law. Our performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement is in derogation of our right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Service or information provided to or gathered by us with respect to such use. If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect. This Agreement constitutes the entire agreement between you and us with respect to the Service and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and us with respect to the Service. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
The mandatory arbitration provision found here applies to the Subscription Terms of Service as well.
17. The parties have agreed that this Agreement shall be written in English.
Direct Questions or Notices to:
Body Guard App, LLC
Attn: User Agreement Mail
2 Concord Drive
Laflin, Pa. 18702
Or contact Body Guard by clicking here
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