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TERMS AND CONDITIONS

Biohack Yourself Media LLC 

 

Effective Date: September 8, 2024

Last Modified: September 11, 2024

 

These Terms and Conditions is entered into by and between You ("You," "Your," or “User”/“Guest”/“Advertiser”/”Contributor” as applicable) and Biohack Yourself Media LLC, its subsidiaries, officers, employees, representatives, affiliates, and successors, including, but not limited to, Lolli Brands Entertainment LLC and Biohack Yourself Media LLC ("Company," “BHY,” "we," "us”). The following Terms, together with any documents (our Privacy Policy incorporated herein by reference) (collectively, "Terms and Conditions” or “Terms”), govern Your access to www.biohackyourself.com, Biohack Yourself Magazine in digital and print, and the use of www.biohackyourself.com sub-domains, including any content, functionality, and services offered on or through www.biohackyourself.com, Company mobile optimized websites, mobile applications or blogs (together the "Website", “Site”, or “Platform”), as a User.

 

Acceptance of the Terms and Conditions

 

PLEASE READ THE TERMS AND CONDITIONS CAREFULLY BEFORE YOU START TO USE THE WEBSITE – THEY ARE IMPORTANT AND AFFECT YOUR LEGAL RIGHTS.

 

BY ACCESSING OR USING ANY CONTENT, INFORMATION, SERVICES, FEATURES OR RESOURCES AVAILABLE OR ENABLED VIA THE WEBSITE AND OFFERED BY COMPANY THROUGH THE WEBSITE YOU REPRESENT THAT: (1) YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THESE TERMS, (2) YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT WITH COMPANY AND (3) YOU HAVE THE AUTHORITY TO ENTER INTO THE TERMS AND CONDITIONS PERSONALLY OR ON BEHALF OF COMPANY YOU HAVE NAMED AS THE USER, AND TO BIND THAT COMPANY TO THESE TERMS.

 

THE TERM "YOU" REFERS TO THE INDIVIDUAL OR LEGAL ENTITY AS APPLICABLE, IDENTIFIED AS THE USER OF THE WEBSITE AS APPLICABLE. YOU ACCEPT AND AGREE TO BE BOUND AND ABIDE BY THESE TERMS AND CONDITIONS, AND OUR PRIVACY POLICY, INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT WANT TO AGREE TO THESE TERMS AND CONDITIONS, OR THE PRIVACY POLICY YOU MUST NOT ACCESS OR USE THE WEBSITE.

 

INFORMATION ON THE WEBSITE HAVE NOT BEEN EVALUATED BY THE FOOD AND DRUG ADMINISTRATION. INFORMATION CONTAINED THEREIN IS NOT INTENDED TO DIAGNOSE, TREAT, CURE, OR PREVENT ANY DISEASE. SEE SECTION 24 UNDER THESE TERMS FOR ADDITIONAL HEALTH AND SAFETY DISCLAIMERS.

 

1. Definitions and Interpretations

 

"Affiliate" refers to any individual or entity that, directly or indirectly, controls, is controlled by, or is under common control with the Company. This includes its subsidiaries, parent companies, officers, employees, representatives, affiliates, and successors, including but not limited to Lolli Brands Entertainment LLC, and other related entities.

 

"Content" means all text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork, and computer code, including the design, structure, selection, coordination, expression, and arrangement of such content, contained on the Site.

 

"Services" refers to all services provided by Biohack Yourself Media LLC, including but not limited to digital content, online courses, media productions, social media content, and any other service offered by the company.

 

2. The Website

 

The Website is an online digital magazine platform dedicated to providing individuals that access the Website (“User(s)”) with Content, including but not limited to entertainment, peer-reviewed articles, video podcasts, interviews, and informational and educational content related to wellness and health optimization ("Company Content"). Our platform is designed for Users to access Content, for businesses looking to advertise their products and services within this specialized field, and to have their products or biohacking-related health benefits peer-reviewed by the Company's peer review staff (“Advertiser”), as well as for individuals that the Company directly invites to make Content for the Website (“Contributor”) . For the avoidance of doubt, Advertisers, Contributors, Users do not refer to different types of users, rather, the terms refer to the activity engaged in by users. Advertisers and Contributors may contribute to Company Content, subject to the restrictions set forth in this agreement , which restrictions have been put in place to comply with applicable law, community standards, and for the safety of the Users. If you are an Advertiser or Contributor, additional terms governing your relationship with BHY are outlined in the respective and fully executed Advertiser Agreement or Contributor Agreement that you enter into with BHY.

 

3. Your Privacy Rights

 

When You use the Website, we collect and process certain personally identifiable and other data about You. Our use of this information is governed by our BHY Privacy Policy, which is incorporated by reference herein. You are encouraged to read this policy as it contains important information on how we collect and use this information and Your rights regarding the same. Additionally, the Website utilizes cookies and certain technology that tracks usage, performance and Your geographic location which are more fully described in our Privacy Policy.

 

4. No In-Person Interactions

 

We do not recommend or condone any form of interaction between Users outside of the Website and, as disclosed elsewhere in these Terms, Your use of and interactions through the Website are done at Your own risk. Use of the Website to arrange face-to-face meetings for the purpose of engaging in illegal activity is strictly prohibited and will subject Your access to the Website to immediate termination. If You elect to legally interact with any User outside of the Website, You do so at Your own risk, and You acknowledge and agree that we are not responsible for any consequences of Your election to interact with anyone, whether in person or otherwise, outside of the Website. We cannot and will not intervene in any matters or disputes which take place outside of the Website including with respect to situations where we are provided third party screen captures or records as we cannot verify such screen captures or records. In the event that You determine to communicate with another User outside of the Website despite these cautions, You should, at a minimum, consider the following precautions:

 

There is no substitute for acting with caution when communicating with any stranger who wants to meet You.

Never include Your last name, email address, home address, phone number, place of work, or any other identifying information in Your initial email messages.

Immediately stop communicating with anyone who pressures You for personal or financial information or attempts in any way to trick You into revealing it.

All the money and/or gifts You send to other Users, Advertisers or Contributors, whether directly or indirectly, through the Website or outside of the Website, is done at Your own risk. We will not intervene or become involved in any dispute between Users.

 

5. No Pornography

 

No pornography of any sort is allowed on the Website. For the purpose of these Terms, "Pornography" includes, but is not limited to, (i) any materials showing a person in a state of undress, or engaged in any suggestive or sexual acts of any kind; (ii) any materials that simulate the foregoing, such as dolls, animated films or shorts, or anything that depicts or suggests sexual acts or nudity; and, (iii) any discussion or depiction of sexual acts or nudity that is meant to arouse or appeal to sexual interests. All Users are strictly prohibited from using the Website to distribute, access, or solicit Pornography or engage in any conduct or discussion exploitative of a person, including by way of role play. If you see anything on the Website that violates this provision or seems questionable, report it immediately to us at support@biohackyourself.com. We will immediately investigate any claim and take the appropriate action. IF YOU ARE SEEKING OR HAVE AN INTEREST IN ANY TYPE OF PORNOGRAPHIC CONTENT, YOU MUST IMMEDIATELY LEAVE THIS SITE. YOU WILL BE BANNED FROM THE WEBSITE FOR VIOLATING THIS SECTION.

 

6. Other Prohibited Conduct

 

You agree to use our site only for lawful purposes. You shall not use the Website, either directly or indirectly, to:

 

  • For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate Content, asking for personally identifiable information, or otherwise.

  • Post or submit any unlawful, harmful, threatening, abusive, harassing, defamatory, obscene, hateful, or racially or ethnically objectionable Content.

  • Post or submit any Content or take any other action which might reasonably be expected to harass, threaten, embarrass, or cause distress, unwanted attention or discomfort for another User or other user of our Website or any other person or entity.

  • Post, transmit, promote, link, or facilitate the distribution of Content that may reasonably be considered to be obscene, including but not limited to bestiality, urination/defecation, fisting, incest, extreme sadomasochism or bondage presented in a sexual context, or any presentation of minors engaged in intimate physical contact, lascivious display of the genitals, or sexual situations, acted or depicted.

  • Harass, stalk, abuse, or threaten any of the Advertisers, Contributors, or Users on or associated with our Website.

  • Provide any of Your personal contact information to any User on or associated with our Website (and in the event that You do so, You agree that we have no liability for any results or events which occur because You did so).

  • In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).

  • Disrupt the normal flow of dialogue or otherwise act in a manner that negatively affects other Users, Advertisers, Contributors and individuals or entities.

  • Transmit, or procure the sending of, any advertising or promotional, including any "junk mail," "chain letter," "spam," or any other similar solicitation.

  • Impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).

  • Engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by us, may harm the Company or Users of the Website, or expose them to liability.

  • Post or submit (or cause to be posted or submitted) a chain letter or pyramid scheme.

  • Post or submit (or cause to be posted or submitted) any unsolicited advertising, promotional materials, or other forms of solicitation to other Users, individuals or entities, or collect or harvest screen names of other Users, without permission.

  • Post or submit (or cause to be posted or submitted) any communication or solicitation designed or intended to obtain private or financial information from any User or other person.

  • Spread or distribute any viruses, bugs of any type whatsoever.

  • Purchase any goods or services that You are prohibited from purchasing or possessing by any law applicable to You in Your jurisdiction. The responsibility for ensuring compliance with all such laws shall be the User’s alone. By submitting an order to purchase goods or services, You represent and warrant that You have the legal right to purchase such goods or services.

  • Take anything any other person has uploaded, posted, or emailed to You on Company and re-post such Content anywhere outside of Company without the expressed written permission of the person who uploaded, posted or emailed the Content to You.

  • Upload, post, email, or otherwise transmit private conversations between two people in any public forum on Website without the expressed written consent of the people who are involved in said private conversation.

  • Post, directly or indirectly, any personally identifying information about another member without their consent. Personally identifying information can include, but is not limited to, a person's full name, first name, last name, email address, profession, phone number, address and place of work.

  • Use Website to do any academic or corporate research without the expressed written consent of the Company.

  • Use Website for any fraudulent purposes.

  • Collect or store personally identifying information about any other User(s) for commercial purposes without the expressed consent of those User(s) or for any unlawful purposes.

  • Sending unsolicited messages or emails that could be considered spam to Users. This includes, but is not limited to, any form of bulk messaging, mass emailing, or other forms of communication that are not authorized by the recipient. Spam encompasses a wide range of activities, including but not limited to:

  • Sending emails to recipients who have not explicitly opted-in to receive communications.

  • Sending deceptive or misleading emails, including those with false subject lines or Content.

  • Sending emails with incorrect or misleading information in the header, subject line, or message Content.

  • Harvest email addresses from the websites without proper authorization.

  • Generate email addresses using automated means or sending emails to addresses generated by such means.

  • Using purchased or rented email lists without proper verification of the recipients' consent.

 

Additionally, You agree not to:

 

  • Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Website, including their ability to engage in real time activities through the Website.

  • Attempt to circumvent any content-filtering techniques we employ or attempt to access any feature or area of the Website that You are not authorized to access.

  • Develop any third party applications that interact with Advertiser Content, Contributor Content, or the Website without our prior written consent.

  • Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.

  • Use any manual process to monitor or copy any of the material on the Website, or for any other purpose not expressly authorized in these Terms and Conditions, without our prior written consent.

  • Reverse engineer any aspect of the Website or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any Company Content, area or code of the Website.

  • Use any device, software, or routine that interferes with the proper working of the Website.

  • Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.

  • Engage in any harassing, threatening, intimidating, predatory or stalking conduct.

  • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.

  • Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.

  • Otherwise attempt to interfere with the proper working of the Website.

 

Users must comply with the CAN-SPAM Act and other applicable anti-spam laws. Failure to do so may result in the termination of User access to the Website and legal action. Violations of these laws can result in significant penalties and legal consequences, including fines and criminal charges.

 

We have and enforce a repeat infringer policy. We will terminate the access to the Website to any User, Advertiser, and/or Contributor who is determined to be a repeat infringer.

 

7. Section 230 of the Communications Decency Act

 

The Website may allow Content to be posted by its Advertisers and Contributors, and pursuant to Section 230 of the Communications Decency Act, we are immune from suit for materials published through the Website by Users. As such, we are not liable for Content published by Advertisers and Contributors. As we operate an online platform and we are not in the business of producing or presenting cam broadcasts, we have endeavored to keep our rules to a minimum imposing only those we feel are necessary for the safety of Users, to comply with applicable law, and the continued operation of the Website.

 

8. Trademarks

 

“BHY,” the BHY logo and any other BHY product or service names, logos, designs or slogans that may appear on the Website are trademarks of BHY and may not be copied, imitated or used, in whole or in part, without our prior written permission. You may not use any metatags or other “hidden text” utilizing “BHY” or any other name, trademark or service name of BHY without our prior written permission. In addition, the look and feel of the Website and Company Content, including, without limitation, all page headers, custom graphics, button icons and scripts, constitute the service mark, trademark or trade dress of BHY and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned on the Website or Service are the property of their respective owners and may not be copied, imitated or used, in whole or in part, without the permission of the applicable trademark holder. Reference to any services, processes or other information by name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation by BHY.

 

9. Intellectual Property of The Company

 

Nothing within these Terms shall be construed as conferring any license under any of the Company's or under any third party's intellectual property rights, whether by estoppel, implication, waiver, or otherwise. Without limiting the generality of the foregoing, You acknowledge and agree that certain Content available through and used to operate the Website is protected by copyright, trademark, patent, or other proprietary rights of the Company and its Affiliates, subsidiaries, licensors and service providers (“Company IP”). Except as expressly permitted to the contrary, You agree not to modify, alter, or deface any of the trademarks, service marks, or other intellectual property made available by the Company in connection with the products (if any) and services. You agree not to hold Yourself out as in any way sponsored by, affiliated with, or endorsed by the Company, any of the Company’s Affiliates, or any of the Company’s service providers. You agree not to use any of the trademarks or service marks or other Company Content or Company IP accessible through Company for any purpose other than the purpose for which such Company Content or Company IP is made available to users by the Company. You agree not to defame or disparage the Company, the trademarks or service marks of Company, or any aspect of the products (if any) and services. You agree not to adapt, translate, modify, decompile, disassemble, or reverse engineer the products and services or any software or programs used in connection with the products and services or the Company. All marks that appear throughout the products and services belong to Company or the respective owners of such marks, and are protected by U.S. and international copyright and trademark laws. Any use of any of the marks appearing throughout the products and services without the express written consent of Company or the owner of the mark, as appropriate, is strictly prohibited. Company may provide, or third parties may provide, links to other sites or resources located on the World Wide Web by allowing a user to leave the Website in order to access third-party material or by bringing third-party material into this Website via "inverse" hyperlinks and framing technology. The Company has no control over such third-party sites and resources. You acknowledge and agree that the Company is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Company Content, advertising, products, or other materials on or available from such third-party sites or resources. You further acknowledge and agree that the Company 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 Company Content, goods or services available on or through any such site or resource.

 

In order to maintain Your privacy and security, You hereby grant Company a limited, non-exclusive, worldwide, royalty-free license to any and all copyrightable Content posted by You on or through BHY. You also grant and assign Company or its Affiliates the right and authority to enforce Your Digital Millennium Copyright Act (“DMCA”) and any and all intellectual property rights against alleged infringers at Your request. This provision does not constitute or represent in any way a partnership, joint venture or any other fiduciary relationship between You and Company. Further, Company does not warrant or guarantee that it can or will enforce Your intellectual property rights against alleged infringers. Company reserves the right through this limited license to enforce Your rights at Your request; however, it remains the sole and primary responsibility of each member, the Advertiser, Contributor and owner, to police and enforce Your rights against alleged infringers.

 

10. Linking to the Website

 

You are granted a limited, nonexclusive, nontransferable right to create a text hyperlink to the Website for noncommercial purposes, provided that such link does not portray Company or any of our services in a false, misleading, derogatory or otherwise defamatory manner, and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time.

 

You may link to our Website, provided You do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but You must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part.

 

11. Advertisers and Contributors Content Linked to the Website

​

Company may provide, or third parties may provide, links to other sites or resources located on the World Wide Web by allowing a User to leave the Website to access third-party material or by bringing the third-party material into this Website via "inverse" hyperlinks and framing technology. Company has no control over such sites and resources. You acknowledge and agree that Company is not responsible for the availability of such external sites or resources 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. You further acknowledge and agree that Company 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 or services available on or through any such site or resource.

Your correspondence or business dealings with, or participation in promotions of, Advertisers or Contributors found on or through the Company Content, products and/or services, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between You and such Advertiser or Contributor. You agree that Company shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such Advertisers and Contributors in the Content, products and/or services.

 

12. Prohibited Solicitations

 

Although we do not control Users' use of the Website, You may not use the Website to promote or advertise any third-party products, sites, or services that deliver subscription-based or streaming Content. Although, of course, Users are free to broadcast on other sites, You may not use the Website to solicit any User to utilize another product, site, or service that that is not associated with or endorsed by us.

 

13. Advertiser and Contributor Content

 

Advertisers and Contributors may create or otherwise make available audio, video, images, texts or other Content containing materials and intellectual property that they own or have a license to use (respectively, "Advertiser Content" and “Contributor Content”). In making available Advertiser Content and Contributor Content, Advertisers and Contributors agree to grant and represent that they have the right to grant Company for the purpose of sublicensing such to Users (who subscribed to the Website, purchased Advertiser Content or Contributor Content, or otherwise became privy to Advertiser Content or Contributor Content via the Website in accordance with these Terms) a revocable license to access and view such Content through the Website.

 

We do not endorse or recommend, nor do we have or assume any obligation to monitor any Advertiser Content or Contributor Content streamed or otherwise shared through the Website by any Advertiser or Contributor; and, we hereby disclaim any and all liability with respect to Advertiser Content. We do not permit any copyright infringing activities or any Advertiser Content or Contributor Content that infringes on our intellectual property rights or those of any party or third party. We will remove any Advertiser Content or Contributor Content where we are properly notified of such infringement as set forth below. We may remove any such Advertiser Content or Contributor Content without any notice. Our means of identifying Advertiser Content and Contributor Content that may infringe upon a third party's rights or which is illegal or violates our code of conduct, is dependent on properly presented notifications from third parties claiming that their rights have been violated. For Advertiser Content and Contributor Content which is offensive or which You believe is illegal, notify us at support@biohackyourself.com.

 

14. Advertiser Orders and Payment

​

For an Advertiser to complete an Order (as defined below) on the Website, Advertiser must use a credit or debit card through our third-party payment processor using the Website’s cart function. After an Advertiser’s Order is placed through the Website, the Company, within a reasonable amount of time, will reach out to the Advertiser to execute an Advertiser Agreement that will govern the additional terms of the Transactions (as defined below). Advertiser has thirty (30) calendar days following receipt of an Advertiser Agreement to full execute said agreement, subject to Section 16 hereunder. An Order is not accepted and does not obligate Company until an Advertiser Agreement is fully executed. The Company shall not be liable for any payment or similar issues that arise due to the third-party service. The Company may change the third-party service from time to time without notice to the Advertiser.

 

The Advertiser represents and warrants that they are authorized to use the designated credit or debit card, and the Advertiser authorizes the payment processor to charge the Advertiser's card for the total amount of paid advertisements, events, articles, or any other paid function of the Website (collectively “Transactions”), including any applicable taxes and other charges (collectively, as applicable, an “Order”). If there are insufficient funds on the Advertiser's card, the Order may be suspended or canceled. The Advertiser must resolve any payment issues with their card provider before we proceed with the Order. If the Advertiser wants to change or update their payment information, they must contact the Company. Company may change or update payment information at its sole and absolute discretion. The Company reserves the right at any time to change its billing methods.

 

If a payment is not successfully settled and the Advertiser does not request to edit their payment method information or cancel any transaction or purchase, the Advertiser remains responsible for any uncollected amounts. The Advertiser acknowledges that the amount billed may vary due to promotional offers, preferences selected, changes made to the Transaction or Order, or changes in applicable taxes or other charges, and the Advertiser authorizes us to charge the designated credit card or debit card for the corresponding amount.

 

In the event that the Advertiser initiates a chargeback with their credit card company or any other payment processor, resulting in a reversal of charges for an Order, the Advertiser remains fully responsible for the payment of the disputed charge. If the chargeback is found to be unwarranted or if the charge is determined to be valid by the Company, the Advertiser agrees to immediately remit the full amount of the original charge, plus any fees, penalties, or additional costs incurred by the Company as a result of the chargeback.

 

Furthermore, the Company reserves the right to pursue all available legal remedies to recover the disputed amount, including but not limited to the use of collection agencies or legal action. The Advertiser also acknowledges that any unpaid balances resulting from a chargeback will be subject to the same terms and conditions governing late payments, including the accrual of interest and recovery of collection costs.

 

The Advertiser is responsible for all charges associated with connecting to or using our Website and all amounts owed to the Advertiser's internet service provider. The Advertiser agrees that all such charges incurred are entirely their responsibility. For example, depending on the Advertiser's location and chosen internet service provider, the Advertiser may be responsible for long-distance charges and/or other communication surcharges. Any discounts and promotional pricing associated with the Advertiser's Transaction or Order will expire as applicable, except where prohibited by applicable laws. The Company reserves the right to set the expiration date of these items at its sole discretion.

 

If the Advertiser believes that their credit card or debit card has been erroneously billed, they must notify us immediately of such error. If we do not hear from the Advertiser within thirty (30) days after such billing error first appears on any account statement, such fee will be deemed accepted by the Advertiser for all purposes, including the resolution of inquiries made by the Advertiser's card provider. The Advertiser releases us from all liabilities and claims of loss resulting from any error or discrepancy that is not reported to us within thirty (30) days of its publication. Please note that abuse of special offers, including creating multiple accounts to take advantage of such offers, is a violation of these Terms.

 

15. Prices on the Website

 

All prices for Transactions on our Website are shown in US Dollars. Applicable taxes and other charges, if any, are additional. We reserve the right to adjust prices at our sole discretion, at any time and without notice, including, without limitation, based on any criteria we may establish from time to time.

 

16. Refunds

 

If You make a Transaction and the underlying service or content being purchased (for the purposes of this section – “Service”) is discontinued, otherwise becomes unavailable for any reason, or if You fail to execute the respective Service agreement provided by the Company within the obligated amount of time, Company reserves the right to (i) cancel Your order and provide You a refund for the amount paid for the Service (if the Service is a one-time product order or Transaction), (ii) substitute the Service with a similar Service or (iii) issue You a pro rata refund – a choice of said options (or none of the options at all) being at the sole and absolute discretion of BHY, handled on a case-by-case basis. If the Company elects, at its sole discretion to provide You with a refund, You hereby agree and acknowledge that Company does not refund any interest or transaction fees that might have been charged to You, and You agree that Company is not liable to You for such interest or fees.

 

17. License, Ownership, and Restrictions

 

Except for the licenses granted herein, all right, title, and interest in and to any of Your Content, including without limitation any Intellectual Property Rights therein, are and will remain the exclusive property of You and Your licensors.

 

We retain all right, title and interest in and to the Platform and its components, outputs, and compilations, including all Intellectual Property Rights therein and all Images submitted or provided to BHY by You, Your Users, or anyone that submits or provides such Content to BHY through You or Your Users. You and Your Users agree not to challenge, object to, or otherwise interfere with BHY’s exclusive right, title and interest in and to such Intellectual Property Rights and Images. To the extent BHY cannot own any such rights by operation of law or otherwise, You, and anyone that uses the Platform through You or Your Users, grants BHY a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use any such material provided by You or Your Users, or obtained from You or anyone using the Platform through You, in connection with Your use or Your User’s use of the Platform without restriction, including but not limited to BHY’s right to display, edit, modify, reproduce, distribute, publish, store, or create derivative works of any such Content.

 

Subject to the terms and conditions of this Agreement, You hereby grant BHY an irrevocable, perpetual, non-exclusive, royalty-free, non-transferable (except as expressly permitted under this Agreement), non-sublicensable (except as expressly permitted under this Agreement), worldwide license to reproduce, store, display and use any Advertiser Content or Contributor Content created through the Platform (including without limitation any trademarks, logos, header data or metadata included in Your Content) and the name of any Advertiser(s) or Contributors associated with Your Content: (a) to provide the Services to You; (b) for other commercial purposes such as promoting, marketing, developing and improving BHY’s products and services, testing and troubleshooting; and (c) to conduct sales and marketing to You.

 

BHY will have the right to permit its subcontractors to exercise the foregoing rights.

 

BHY will also have the right to permit third-party sublicensees to exercise the rights granted in herewith provided that such data is aggregated with data of other BHY customers and does not identify You as the owner of such data.

 

18. Information on the Website

 

As noted in our Privacy Policy, we cannot ensure the security or privacy of information (including, without limitation, text, images, and videos) You provide or share through the Website. We are not responsible for, and cannot control, the use of any information, by anyone, that You provide or make available to other parties through the Website. Use caution in deciding what personal information You share with others through the Website. You release us from any and all liability in connection with the Content(s) of any communication(s) You may receive from other Users.

 

As noted in our Privacy Policy, all information and/or Content You choose to post and/or share on or through the Website and all Content You share or otherwise share through the Website is considered public information. You agree to limit the information You share through the Website keeping in mind we cannot control the use of such information by those with whom You share Your information.

 

19. Website Access Termination

 

Notwithstanding anything contained in these Terms, we reserve the right, without notice and in our sole discretion, to terminate or suspend Your right to access or use the Website, at any time and for any or no reason, including, without limitation, any violation of these Terms.

 

If You have materially breached any provision of these Terms, or if the Company is required to do so by law, the Company has the right to, immediately and without notice, suspend or terminate any services provided to You. You agree that all terminations for cause shall be made in Company’s sole discretion and that Company shall not be liable to You or any third party for any termination of Your access to the Website. We reserve the right to suspend or stop providing access to the Website (or any features or functionality of the Website) at any time without notice and without obligation or liability to You.

 

If Your ability to access the Website is discontinued by Company due to Your violation of any portion of these Terms, then You agree that You shall not attempt to access the Website through use of a different member name or otherwise, without written consent from Company. In the event that You violate the immediately preceding sentence, Company reserves the right, in its sole discretion, to immediately take any or all of the actions set forth herein without any notice or warning to You.

 

Active Users may not allow former Users or other agents whose access to the Website have been terminated. Even after Your right to use the Website is terminated, these Terms will remain enforceable against You.

 

20. SMS Terms and Conditions

 

By signing up for SMS text messages in connection with our Websites services, including marketing text messages, You agree to the following terms and conditions. By opting in to receive text messages, You authorize BHY, or our service provider, to use autodialer or non-autodialer technology to send text messages to the mobile phone number You provided. You also authorize us to include marketing Content in these messages. Please note that opting in to receive SMS messages is not a condition of any purchase. (For the purposes of these SMS Terms, “Opting In,” “Opt In,” and “Opt-In” refer to requesting, joining, agreeing to, enrolling in, signing up for, acknowledging, or otherwise consenting to receive any text messages.)

 

To opt out of receiving text messages, You must text STOP in response to any SMS message sent from or on behalf of BHY. You understand and agree that any other method of opting out, including but not limited to texting words other than "STOP" or verbally requesting an employee to remove You from our list, is not a valid or reasonable means of opting out.

 

By Opting In to receive text messages:

 

  • You are providing Your consent to receive text messages.

  • You accept these SMS Terms as part of the overall Terms and Conditions of our Services.

  • You confirm that You are either the subscriber to the relevant phone number or the customary user of that number on a family or business plan, and that You are authorized to opt in.

  • You consent to the use of an electronic record to document Your opt-in. If You wish to withdraw that consent, request a free paper or email copy of Your opt-in, or update our records with Your contact information, please contact us as described at the end of our Privacy Policy. To view and retain an electronic copy of these SMS Terms or Your opt-in, You will need (i) a device (such as a computer or mobile phone) with Internet access, and (ii) either a printer or storage space on such device. For an email copy, You’ll also need an email account that You can access from the device, along with a browser or other software that can display the emails. These SMS Terms will continue to apply even if You withdraw the consent mentioned above or opt out of receiving text messages.

 

After opting in, You may receive one or more welcome messages or administrative messages in addition to the main messages the service offers.

 

Message and data rates may apply to messages that we send You or that You send us. You may receive multiple, recurring messages. We reserve the right to terminate our text message programs or Your participation in them at any time, with or without notice, including, for example, before You have received all messages that You otherwise would have received. You may receive one or more confirmation messages when You opt out or when Your participation in the program otherwise ends. BHY and mobile carriers are not liable for delayed or undelivered messages.

 

For customer service regarding our SMS programs, please contact us as provided at the end of these Terms.

 

If You intend to stop using the mobile phone number that has been used to subscribe to text messaging—for example, if You are canceling Your service plan or selling or transferring the phone number to another party—You agree that You will complete the user opt-out process described above before ending Your use of the mobile phone number. You understand and agree that Your commitment to do so is a material part of these Terms. Furthermore, if You discontinue the use of Your mobile phone number without notifying BHY, You will be responsible for all costs (including attorneys’ fees) and liabilities incurred by us, or any party that assists in delivering the mobile messages, as a result of claims brought by individuals who are later assigned that mobile phone number. This obligation will survive any cancellation or termination of Your account or these Terms.

 

21. User Representations and Warranties

 

You represent and warrant the following:

 

  • You are not a registered offender in any jurisdiction and have never been convicted of any crime that could harm the safety or well-being of others.

  • You are voluntarily choosing to proceed with Your use of the Website because You want to view, read, or hear various entertainment, informational, and educational health and wellness-related Content, including but not limited to video podcasts, interviews, and peer-reviewed articles, for Your own personal enjoyment, information, and/or education.

  • You are familiar with the standards in Your community regarding the acceptance of health and wellness materials, and the materials You expect to encounter through use of the Website are within Your community standards. Should the Content You encounter through the Website not meet Your community standards, You will immediately cease use of the Website.

  • You will not violate any civil, legal, or other rights of any other User, Advertiser, Contributor or any third party.

  • Any Content that You upload, post, or share on the Website will be Your original work and will not infringe on the intellectual property rights of any third party.

  • You will follow all applicable laws governing Your use of the Website.

  • You will not violate any provision of these Terms and Conditions

  • You will respect the entertainment, educational, and health-focused mission of the Website, contributing positively to the community and refraining from any actions that could disrupt or harm other Users.

 

22. Affiliate and Sponsored Content Disclosure

 

The Company, along with its subsidiaries, related parties, officers, employees, representatives, Affiliates, successors, and any partners, sponsors, or ambassadors employed by the Company, may receive compensation, including Affiliate commissions, if You make a purchase through links provided on our platform. Additionally, certain Content on our platform may be classified as sponsored Content or advertorials, meaning that it has been created or curated in collaboration with third-party sponsors who may compensate us for the promotion of their products or services. We strive to ensure transparency in our relationships with these partners and are committed to providing You with valuable and relevant Content, regardless of any financial incentives.

 

Further, any partners, sponsors, or ambassadors employed by the Company strictly agree to comply with the following guidelines:

 

1. Federal Trade Commission Compliance:

You must comply with the Federal Trade Commission's (the "FTC") Guides Concerning Endorsements and Testimonials (http://www.ftc.gov/os/2009/10/091005revisedendorsementguides.pdf), including:

  • Making statements that reflect Your honest beliefs, opinions, and experiences.

  • Providing clear and conspicuous disclosure about Your connection to the Company in all of Your social media publications ("SM Publication").

2. Review of FTC Guidelines:

To better understand Your responsibilities under the Endorsement Guides, You must review:

 

3. Prohibited Actions:

You may not:

  • Make deceptive or misleading claims about the Company’s services or competitors' products or services.

  • Make any claims about the Company’s services or competitors' services that are not backed up by evidence.

  • Disclose any of the Company’s confidential information.

  • Disparage the Company or its services.

  • Engage in any communication that is defamatory or infringes upon the copyright, trademark, privacy, publicity, or other intellectual property rights of others.

  • Offer for sale or solicit products on behalf of the Company.

  • Make offensive comments that have the purpose or effect of creating an intimidating or hostile environment.

  • Post SM Publication Content that promotes bigotry, racism, or discrimination based on race, gender, religion, nationality, disability, sexual orientation, or age.

  • Use ethnic slurs, personal insults, obscenity, or other offensive language.

  • Make any comments or SM Publication Content that in any way promotes unsafe activities that could lead to an unsafe situation involving the Company’s consumers or other individuals.

 

4. Adherence to Platform Policies:

You must adhere to the policies, guidelines, and terms of use on any platform on which You post SM Publication Content on behalf of the Company. You understand that these platforms' disclosure requirements about Your connection to the Company do not necessarily satisfy FTC disclosure requirements.

 

5. Prohibition on Fake Engagement:

You must not create fake followers or engagement on social media platforms, such as:

  • Buying followers.

  • Using bots to grow audience size by automating account creation, following, commenting, and liking.

  • Posting fake sponsored Content.

 

By agreeing to these terms, You acknowledge that compliance is not only a legal obligation but also a reflection of the Company’s commitment to integrity and ethical practices. Non-compliance with any of these terms may result in termination of Your partnership, sponsorship, or ambassador role with the Company.

 

23. Disclaimers

 

YOUR USE OF THE WEBSITE OR OUR SUBSCRIPTION OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR PRODUCTS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR PRODUCTS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

 

IF YOU RELY ON ANY DATA OR INFORMATION OBTAINED THROUGH OUR WEBSITE OR SERVICE YOU DO SO AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS THAT RESULTS FROM YOUR USE OF SUCH DATA OR INFORMATION.

 

24. Health and Safety Disclaimer

 

THIS WEBSITE AND ALL CONTENT PROVIDED BY BHY ARE INTENDED FOR ENTERTAINMENT, EDUCATIONAL, AND INFORMATIONAL PURPOSES ONLY. THE INFORMATION PRESENTED IS NOT A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE OR SERVICES AND SHOULD NOT BE USED FOR DIAGNOSING OR TREATING ANY HEALTH PROBLEM OR DISEASE. INDIVIDUALS SEEKING PERSONAL MEDICAL ADVICE OR TREATMENT SHOULD CONSULT WITH A LICENSED PHYSICIAN OR HEALTHCARE PROVIDER.

 

The Content provided by BHY, including but not limited to articles, videos, podcasts, social media posts, and any other material available on this Website, is strictly for entertainment, informational, and educational purposes only. It is not intended to be, nor should it be considered, a substitute for professional medical advice, diagnosis, or treatment. Your use of this Website or communication through any medium does not create a doctor-patient relationship between You and BHY, its contributors, or any affiliated professionals. The information provided on this Website should not be relied upon for diagnosing or treating any medical or health condition. Always seek the advice of Your physician or another qualified healthcare provider with any questions You may have regarding a medical condition, and do not disregard professional medical advice or delay seeking it because of something You have read, seen, or heard on this Website.

 

The statements on this Website and any materials or supplements distributed or sold by BHY have not been evaluated by the Food and Drug Administration (FDA). Neither the products nor the ingredients in any of the products available on the Website have been approved or endorsed by the FDA or any regulatory agency. The products on the Website are not intended to diagnose, treat, cure, or prevent any disease. The information on this Website, in BHY emails, or text messages, is designed for entertainment and educational purposes only and is not intended to be a substitute for informed medical advice or care. This information should not be used to diagnose or treat any health problems or illnesses without consulting a doctor. If you are pregnant, nursing, taking medication, or have a history of heart conditions or any other medical condition, we suggest consulting with a physician before using any of our products.

 

While BHY strives to ensure that all information provided on this Website is accurate and up-to-date, medical knowledge is constantly evolving. We make no representations or warranties regarding the completeness, accuracy, reliability, suitability, or availability of any information contained on this Website or through our Content. Any reliance You place on such information is strictly at Your own risk, and BHY shall not be liable for any errors or omissions in this information.

 

Any health, fitness, or nutritional information provided on this Website is designed solely for informational purposes. You should consult with Your physician before beginning any exercise, diet, or health program. BHY is not responsible for any health problems that may result from the programs, products, or events You learn about through the Website. By engaging in any exercise program or health regimen suggested or mentioned on the Website, You acknowledge that You do so at Your own risk and that BHY shall not be liable for any injury, illness, or health complications arising from Your participation.

 

While the advice of wellness specialists features on Company Content is based on their knowledge and experience, their advice and recommendations are not intended to replace the advice of your physician. You are encouraged to seek advice from a competent medical professional regarding the applicability of any recommendation with regard to your symptoms or condition. Additionally, any products or supplements discussed are not intended for use by persons under 18 years of age.

 

We want to take a moment to remind You of the importance of consulting with your healthcare provider before starting any new dietary supplement regimen. While we strive to provide valuable information and guidance on our website, it is essential to understand that we cannot predict individual reactions or guarantee specific benefits for every user. Our website serves as a general resource, and Your health should always be tailored to Your unique needs. Please read this article below carefully to ensure Your well-being and make informed decisions regarding supplement usage.

 

Why Consultation with a Doctor is Crucial:

 

1. Individual Differences: Every person's body and health condition are unique. What works well for one individual may not have the same effect on another. Factors such as age, medical history, medications, allergies, and existing health conditions can significantly influence the way your body responds to dietary supplements.

 

2. Potential Interactions: Certain dietary supplements may interact with medications, exacerbate existing health issues, or produce adverse effects when combined with specific medical conditions. Your healthcare provider possesses the knowledge and expertise to assess potential interactions and provide personalized advice based on your medical history and current medications.

 

3. Pre-existing Conditions: Individuals with pre-existing and underlying medical health conditions, such as cardiovascular diseases, diabetes, liver or kidney disorders, or hormonal imbalances, breast cancer, uterine cancer, ovarian cancer, endometriosis, or uterine fibroids, and pregnant women need to be particularly cautious when considering dietary supplements. Consulting with a doctor helps ensure that the chosen supplements will not interfere with existing treatments or worsen the condition.

 

4. Allergies and Sensitivities: Ingredients in dietary supplements can trigger allergies or sensitivities in some individuals. Your doctor can help identify potential allergens or substances that may cause adverse reactions based on your medical history and known sensitivities. As we don’t know You, we cannot predict what would cause a reaction or not.

 

5. Optimal Dosage and Duration: Determining the appropriate dosage and duration of supplement usage is crucial. Your healthcare provider can recommend the right dosage based on your specific needs and advise on the ideal duration of use to avoid potential side effects or complications.

 

Furthermore, any testimonials, reviews, or examples found on this Website are not intended to represent or guarantee that any individual will achieve the same or similar results. The experiences of others may vary, and their results may not be typical. Claims regarding the measurement or reversal of biological age are preliminary and subject to various biostatistical errors. These tests are experimental and intended solely for research purposes; they should not replace or supplement any clinical tests recommended by licensed medical professionals.

 

The protocols and advice provided on this Website have been developed specifically for the unique biology of individuals who have undergone personalized assessments. These protocols may include a mix of on-label, off-label, and unlicensed therapies, as well as research-use-only tests. Some of these therapies and tests are still under scientific investigation and have not yet received on-label licensing for specific health conditions. All therapies carry inherent risks, which should be assessed by a specialized team of clinicians and scientists for personal use. The use of prescription-only medicines (PoMs), including but not limited to low-dose naltrexone and various peptides, should only be prescribed by a licensed healthcare professional who has determined that the benefits and risks are appropriate for the individual. These medications should be acquired through licensed pharmacies in compliance with all applicable legal requirements.

 

References to any specific commercial product, process, or service by trade name, trademark, manufacturer, or otherwise do not constitute or imply an endorsement, recommendation, or favoring by BHY. The views and opinions expressed by authors or contributors on this Website do not necessarily reflect those of BHY, and they should not be used for advertising or product endorsement purposes.

 

The views and opinions expressed in the Content on this Website do not necessarily reflect the official policy or position of BHY, Lolli Brands Entertainment LLC, or any of their subsidiaries.

 

For reliable health information, we strongly encourage You to refer to authorized government websites, including but not limited to the following:

 

 

If You reside outside of the United States, please refer to Your own government agencies for accurate and relevant health information.

 

25. Limitation on Liability

 

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BHY, ITS PAST, PRESENT AND FUTURE LICENSORS, EMPLOYEES, OFFICERS, DIRECTORS, CONTRACTORS, CONSULTANTS, EQUITY HOLDERS, SUPPLIERS, VENDORS, SERVICE PROVIDERS, PARENT COMPANIES, SUBSIDIARIES, AFFILIATES, AGENTS, REPRESENTATIVES, PREDECESSORS, SUCCESSORS AND ASSIGNS (COLLECTIVELY “BHY PARTIES”) BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUE, INCOME OR PROFITS, LOSS OF USE OR DATA, LOSS OR DIMINUTION IN VALUE OF ASSETS OR SECURITIES, OR DAMAGES FOR BUSINESS INTERRUPTION, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF GOODWILL, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE) ARISING OUT OF OR IN ANY WAY RELATED TO THE ACCESS TO OR USE OF THE WEBSITE OR CONTENT (INCLUDING, BUT NOT LIMITED TO THIRD PARTY CONTENT AND LINKS TO THIRD PARTY WEBSITES), OR THE ORDER, RECEIPT OR USE OF ANY SERVICE, OR OTHERWISE RELATED TO THESE TERMS (INCLUDING, BUT NOT LIMITED TO, ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE ON ANY INFORMATION OBTAINED FROM ANY WET SPACE PARTY, OR FROM EVENTS BEYOND THE BHY PARTIES’ REASONABLE CONTROL, SUCH AS SITE INTERRUPTIONS, DELETIONS OF FILES OR EMAILS, ERRORS OR OMISSIONS, DEFECTS, BUGS, VIRUSES, TROJAN HORSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO THE BHY PARTIES’ RECORDS, PROGRAMS OR SYSTEMS), REGARDLESS OF THE FORM OF ACTION, WHETHER BASED IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, SIMPLE NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED) OR ANY OTHER LEGAL OR EQUITABLE THEORY (EVEN IF THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE).

 

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU, ON BEHALF OF YOUR HEIRS, EXECUTORS, ADMINISTRATORS, LEGAL AND PERSONAL REPRESENTATIVES, HEREBY RELEASE, WAIVE, ACQUIT AND FOREVER DISCHARGE THE BHY PARTIES FROM AND AGAINST, AND COVENANT NOT TO SUE ANY SUCH BHY PARTY FOR, ALL CLAIMS YOU HAVE OR MAY HAVE ARISING OUT OF OR IN ANY WAY RELATED TO THESE TERMS. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE YOUR RIGHTS UNDER CALIFORNIA CIVIL CODE 1542, WHICH STATES “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”

 

UNDER NO CIRCUMSTANCES WILL THE TOTAL AGGREGATE AMOUNT THAT THE BHY PARTIES ARE LIABLE TO YOU EXCEED THE LESSER OF (A) THE TOTAL AMOUNT ACTUALLY PAID TO BHY BY YOU DURING THE SIX-MONTH PERIOD PRIOR TO THE ACT, OMISSION OR OCCURRENCE GIVING RISE TO SUCH LIABILITY, (B) THE REMEDY OR PENALTY IMPOSED BY THE STATUTE OR REGULATION UNDER WHICH SUCH CLAIM ARISES, OR (C) ONE HUNDRED DOLLARS ($100).

 

THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN BHY AND YOU. THE BHY PARTIES ASSUME NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY ADVERTISER CONTENT, CONTRIBUTOR CONTENT OR PERSONALIZATION SETTINGS.

 

THE LIMITATIONS SET FORTH IN THIS SECTION SHALL NOT AFFECT LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER THE APPLICABLE LAW/JURISDICTION.

 

26. Limitation on Time to File Claims

 

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

 

27. Indemnification

 

To the fullest extent permitted by applicable law, You agree to indemnify, defend and hold harmless BHY, and our BHY Parties from and against all actual or alleged BHY Party or third party claims, damages, awards, judgments, losses, liabilities, obligations, penalties, interest, fees, expenses and costs of every kind and nature whatsoever, whether known or unknown, foreseen or unforeseen, matured or unmatured, or suspected or unsuspected, in law or equity, whether in tort, contract or otherwise (collectively, “Claims”), including, but not limited to, damages to property or personal injury, that are caused by, arise out of or are related to (a) any use or misuse of the Website, Company Content, Advertiser Content, or Contributor Content by You or any third party You authorize to access or use the Website, Company Content, Advertiser Content, or Contributor Content (b) any Advertiser Content or Contributor Content You create, post, share or store on or through the Website (c) Your violation of these Terms, and (d) Your violation of the rights of another. You agree to promptly notify BHY of any third party Claims, cooperate with the BHY Parties in defending such Claims and pay all fees, costs and expenses associated with defending such Claims (including, but not limited to, attorneys’ fees and expenses, court costs, costs of settlement and costs of pursuing indemnification and insurance). You further agree that the BHY Parties shall have control of the defense or settlement of any third party Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between You and BHY.

 

28. Copyright Violations

 

Company respects the intellectual property of others. It is Company's policy to respond expeditiously to claims of copyright and other intellectual property infringement. Company will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act and other applicable intellectual property laws. Upon receipt of notices complying or substantially complying with the DMCA, Company may act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity and may act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing. Company will terminate access for users who are repeat infringers.

 

Notifying Company of Copyright Infringement:

To provide Company notice of an infringement, You must provide a written communication to the attention of "DMCA Infringement Notification Dept.” to DMCA@biohackyourself.com that sets forth the information specified by the DMCA (http://www.copyright.gov/title17/92chap5.html#512). Please note that You may be liable for damages (including costs and attorneys' fees) if You materially misrepresent that an activity is infringing Your copyright.

Providing Company with Counter-Notification:

 

If You feel that Your material does not constitute infringement, You may provide the Company with a counter-notification by written communication to the attention of "DMCA Counter-Notification Dept." at ann@BHY.com that sets forth all of the necessary information required by the DMCA (http://www.copyright.gov/title17/92chap5.html#512). Please note that You may be liable for damages (including costs and attorneys' fees) if You materially misrepresent that an activity is not infringing the copyrights of others. If You are uncertain whether an activity constitutes infringement, we recommend seeking advice of legal counsel.

 

29. Monitoring and Enforcement

 

The Company has the right to:

  • Remove or refuse to post any Advertiser Content or Contributor Content for any or no reason in our sole discretion. Disclose Your identity or other information about You to any third party who claims that material posted by You violates their rights, including their intellectual property rights or their right to privacy.

  • Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.

  • Terminate or suspend Your access to all or part of the Website for any or no reason, including without limitation, any violation of these Terms and Conditions.

 

Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

 

You understand that by using the Website You may be exposed to Advertiser Content or Contributor Content that You may find offensive, indecent, incorrect or objectionable, and You agree that under no circumstances will the Company be liable in any way for any Advertiser Content or Contributor Content, including any errors or omissions in any Advertiser Content or Contributor Content, or any loss or damage of any kind incurred as a result of Your use of any Advertiser Content or Contributor Content.

 

We do not undertake to review material before it is posted on the Website and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or Content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

 

30. Changes to the Website

 

We may update the Content on this Website from time to time, but its Content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material. We reserve the right in our sole discretion to modify, suspend or discontinue, temporarily or permanently, the Website (or any features or parts thereof) at any time. Reference to any products, services, processes or other information by trade name, trademark, manufacturer, supplier, vendor or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by us.

 

31. Geographic Restrictions

 

Company is based in the United States. We make no claims that the Website or any of its Content is accessible or appropriate outside of the United States. If You access the Website from outside the United States, You do so on Your own initiative and are responsible for compliance with local laws.

 

32. Governing Law and Jurisdiction

 

All matters relating to the Website and these Terms, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be construed, interpreted and enforced in accordance with, and shall be governed by, the laws of the State of New York applicable to agreements entered into and to be wholly performed therein. In the event of any conflict between any provisions hereof and any applicable laws to the contrary, the latter shall prevail, but these Terms shall be deemed modified only to the extent necessary to remove such conflicts, and the remaining clauses shall be interpreted so as to effect as nearly as possible the original intentions of the Parties.

 

33. Binding Arbitration

 

NOTICE: PLEASE READ THIS SECTION OF THESE RULES CAREFULLY. IT LIMITS CERTAIN RIGHTS, INCLUDING YOUR RIGHTS TO TRY CLAIMS IN COURT BEFORE A JUDGE OR JURY AND THE RIGHT TO BRING OR PARTICIPATE IN ANY CLASS, COLLECTIVE, OR REPRESENTATIVE CLAIM OR ACTION. YOU ARE AGREEING TO RESOLVE ALL DISPUTES BETWEEN US THROUGH BINDING INDIVIDUAL ARBITRATION AND INCLUDE A CLASS ACTION WAIVER AND JURY TRIAL WAIVER.

 

You agree that any Dispute (as defined hereunder) will be settled by final and binding arbitration between You and Company. This Arbitration Agreement is governed by the Federal Arbitration Act (9 U.S.C. §§ 1-16). Notwithstanding anything else contained herein, each party retains the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents or other intellectual property rights. You acknowledge and agree that You and Company are each waiving the right to a trial by jury or to participate as a plaintiff or class in any purported class action or representative proceeding. Further, unless both You and Company otherwise agree in writing, the arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this "Arbitration Agreement" section will be deemed void. Except as provided in the preceding sentence, this "Arbitration Agreement" section will survive any termination of these Terms.

 

“Dispute” includes any claim, dispute, action, or other controversy, whether based on past, present, or future events, whether based in contract, tort, statute, or common law, between you and us concerning the Website, or this exclusive authority to resolve any dispute relating to the interpretation, applicability or enforceability of these terms or the formation of this contract, including, without limitation, the arbitrability of any dispute, and any claim that all or any part of this Agreement is void or voidable.

Informal Dispute Resolution. In the event of a Dispute, You and the Company agree to attempt to avoid the costs of formal dispute resolution by giving each party a full and fair opportunity to address and resolve the Dispute informally. Except for those Disputes eligible to be resolved in small claims court, the disputing party must send to the other party a notice of a Dispute. This notice is a written statement that sets forth the name, address, and contact information of the party giving the notice, along with detailed factual information sufficient to evaluate the merits of the claiming party’s individualized claim, and the specific relief sought, including the amount of money demanded and the means by which the demanding party calculated the claimed damages.

You must send any notice of a Dispute to the Company at 244 Fifth Avenue, Suite 2025, New York, NY 10001, Attention: Legal. We will send any notice of a Dispute to You at the contact information we have available for You in connection with Your Account. You and the Company will attempt to resolve a Dispute through informal negotiation within sixty (60) days beginning from the date the notice of a Dispute is sent. This informal negotiation requires an individual meet-and-confer in person, or via teleconference or videoconference, that addresses only the Dispute between You and the Company (the “Conference”). If You are represented by counsel, Your counsel may participate in the Conference, but You will also need to individually participate. The Company will participate in the Conference through one or more representatives, which may include our counsel.

After the end of the sixty (60) day informal negotiation period and not before, and only after the completion of the Conference with respect to a claim, You or the Company may commence an arbitration proceeding regarding that claim. Nothing in this paragraph is intended to prohibit the parties from engaging in informal communications to resolve the initiating party’s claims before, during, or after any Conference or filing in small claims court. Each party agrees that a court may enter injunctive relief to enforce the pre-filing requirements of this paragraph, including an injunction to stay an arbitration that has been commenced in violation of this paragraph.

 

Arbitration Rules and Governing Law. If the parties do not resolve a Dispute by informal negotiation or in small claims court, the dispute shall be resolved by binding Arbitrator. The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the AAA’s Commercial Arbitration Rules (the "AAA Rules") then in effect, except as modified by this Arbitration Agreement. Any demand for arbitration must be filed with ADR Services, Inc. (“ADR Services”) (https://www.adrservices.com/). If ADR Services is not available to arbitrate, the arbitration will be conducted by National Arbitrator and Mediation (“NAM”) (https://www.namadr.com/). The rules of the arbitral forum will govern all aspects of this arbitration, except to the extent those rules conflict with this Agreement. The arbitration will be conducted by a single, neutral arbitrator.

 

The parties agree that the arbitrator (“Arbitrator”), and not any federal, state, or local court or agency, shall have exclusive authority to resolve any disputes relating to the interpretation, applicability, enforceability or formation of this Arbitration Agreement, including any claim that all or any part of this Arbitration Agreement is void or voidable. The Arbitrator shall also be responsible for determining all threshold arbitrability issues, including issues relating to whether the Terms are unconscionable or illusory and any defense to arbitration, including waiver, delay, laches, or estoppel.

 

The arbitration shall be heard by one Arbitrator selected in accordance with the AAA Rules. The Arbitrator shall be a licensed attorney or retired judge with experience in the law underlying the dispute.

 

Arbitration Process. If either party wishes to initiate arbitration, the initiating party must notify the other party in writing via certified mail, return receipt requested, or hand delivery within the applicable statute of limitations period. This demand for arbitration must include (1) the name and address of the party seeking arbitration, (2) a statement of the legal and factual basis of the claim, and (3) a description of the remedy sought.

 

Arbitration Location and Procedure. The arbitration shall take place in New York County, New York. If Your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents You and Company submit to the Arbitrator, unless You request a hearing, or the Arbitrator determines that a hearing is necessary. If Your claim exceeds $10,000, Your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the Arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.

 

Arbitrator's Decision. The arbitrator will render an award within the time frame specified in the AAA Rules. 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 having jurisdiction thereof. The Arbitrator's award damages must be consistent with the terms of the "Limitation of Liability" section above as to the types and the amounts of damages for which a party may be held liable. The Arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant's individual claim. If You prevail in arbitration You will be entitled to an award of attorneys' fees and expenses, to the extent provided under applicable law.

 

Fees. If we initiate an arbitrator against you, we will pay all costs associated with the arbitration, including the entire filing fee. If you are the party initiating an arbitrator, you will be responsible for the nonrefundable initial filing fee and other applicable fees, as required by ADR Services or NAM. ADR Services sets forth fees for its services, which are available at https://www.adrservices.com/rate-fee-schedule/. NAM permits any person to request information as to fees for its services at https://www.namadr.com/fee-request-form/?request_type=Standard_Fees_and_Costs. If the arbitrator finds that either the substance of a claim or the relief sought violate the representation requirements of Federal Rule of Civil Procedure 11, to the extent permitted by law, the arbitrator shall have the same power to award sanctions consistent with that rule.

 

Settlement Offers and Offers of Judgment. At least ten (10) calendar days before the start date for an arbitrator hearing with respect to a Dispute, you or we may serve a written offer of judgment on the other party to allow judgment on specified terms. If the offer is accepted, the offer with proof of acceptance shall be submitted to the arbitrator, who shall enter judgment accordingly. If the offer is not accepted prior to the arbitration hearing or within thirty (30) calendar days after it is made, whichever is first, it shall be deemed withdrawn and cannot be given as evidence in the arbitration. If an offer made by one party is not accepted by the other party, and the other party fails to obtain a more favorable award, the other party shall not recover their post-offer costs and shall pay the offering party’s costs (including all fees paid to the arbitrator), from the time the offer is made.

 

Small Claims Court. Subject to applicable jurisdictional requirements, you or we may elect to pursue a Dispute in a local small claims court rather than through the informal dispute resolution process described below or arbitration, so long as the matter remains in small claims court and proceeds only on an individual basis. If a party has already submitted an Arbitrator demand, the other party may, in its sole discretion, inform the arbitral forum that it chooses to have the Dispute heard in small claims court. At that time, the arbitral forum will close the arbitration and the Dispute will be heard in the appropriate small claims court, with no fees due from the arbitration respondent.

 

Severability and Survival. This Arbitration Agreement is the full and complete agreement relating to the formal resolution of disputes covered by this Arbitration Agreement. In the event any portion of this Arbitration Agreement is deemed unenforceable, the remainder of this Arbitration Agreement will be enforceable. Therefore, terms of this Arbitration Agreement shall be severed, to the smallest extent possible, if required to uphold the enforceability of this Arbitration Agreement. The Arbitration Agreement is a contractual agreement to mutually arbitrate claims.

 

34. Electronic Communications

 

The We may from time to time send promotional or marketing communications to You if You have registered with us. If You receive any such communication, You will be given the opportunity to unsubscribe from future communications by following the instructions You receive from us. If You otherwise have any issues concerning any communication You receive from us, please contact us by using the email address indicated in the Contact Information section of these Terms.

 

Some of our trusted partners may communicate with a registered user to present special offers. However, we do not allow spam, illegal or misleading communications relating to our Platform. Please contact us by using the email address indicated in the Contact Us section of these Terms. If You receive any such spam or misleading communication in any way related to our Platform. If we become aware of any such communication, we will take appropriate disciplinary or corrective action. our disciplinary or corrective action may include termination of services, expulsion from our Platform, forfeiture of payments, and others.

 

35. Assignment

 

These Terms, and Your rights and obligations hereunder, may not be assigned, subcontracted, delegated or otherwise transferred by You without BHY' prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.

 

36. Force Majeure

 

BHY shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, epidemic, pandemic, riots, protests, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.

 

37. Notice

 

Where BHY requires that You provide an e-mail address, You are responsible for providing BHY with Your most current e-mail address. In the event that the last e-mail address You provided to BHY is not valid, or for any reason is not capable of delivering to You any notices required/permitted by these Terms, BHY's dispatch of the e-mail containing such notice will nonetheless constitute effective notice. You may give notice to BHY at the address of: 244 5th Ave., Ste. 2025, New York, NY 10001. Such notice shall be deemed given when received by BHY by letter delivered by nationally recognized overnight delivery service or first-class postage prepaid mail at the above address.

 

38. Connectivity.

 

You are responsible for any network or internet connectivity required to access or use the Website. An internet connection is required to access the Website. We are not responsible for Website performance issues related to internet or network connectivity problems.

 

39. Non-Disparagement

 

You agree and covenant that You will not at any time make, publish, or communicate to any person or entity or in any public forum any defamatory or disparaging remarks, comments, or statements concerning BHY, or its businesses, or any of its employees, officers, and existing and prospective Advertisers, Contributors, suppliers, investors, and other associated third parties.

 

40. Errors, Inaccuracies, and Omissions

 

Occasionally there may be information on our Platform that contains typographical errors, inaccuracies or omissions that may relate to service descriptions, pricing, promotions, offers, charges, and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel Transactions if any information on the Website or on any related Website is inaccurate at any time without prior notice. We undertake no obligation to update, amend or clarify information on the Website or on any related Website, including, without limitation, pricing information, except as required by law. No specified update or refresh date applied on the Platform or on any related Website, should be taken to indicate that all information on the Website or on any related Platform has been modified or updated.

 

41. Entire Agreement; Amendment.

 

This Agreement, along with any mutually agreed upon amendments and addenda, (a) is the Parties’ entire understanding regarding its subject matter, and (b) supersedes all other oral or written agreements of the Parties as to such subject matter. We may update this Agreement by modifying this web page, and will (x) indicate the date of any such updates above and (y) email You at the email address then on file to notify You of such update. You will be deemed to have accepted such modifications if You continue to access the Platform or do not provide a termination notice within fifteen (15) days’ of release of the updated Agreement. In the event You provide such a notice, BHY shall have the option, in its sole discretion, of reverting the terms to the previously accepted version of the Agreement (as applicable to You only), in which case Your termination notice would be void. Referenced policies and procedures may be changed at any time in BHY’s sole discretion. Any terms and conditions in or referenced by an invoice, purchase order or other such document issued pursuant to this Agreement, other than the Reservation, will have no force or effect.

 

42. Data Security and Privacy

 

BHY shall use commercially reasonable efforts to maintain a data security program that includes physical, technical, and managerial procedures that are up-to-date and generally accepted in BHY’s industry that are designed to prevent unauthorized use or disclosure of Your data stored in the Website. BHY will have the right to suspend Your access to the Website on an emergency basis: (a) in the event that BHY detects any actual or apparent theft, unauthorized access or use of the Website, or other malicious activity by You or any third party; and/or (b) to maintain data integrity within the Website. The parties shall each comply with all applicable privacy laws and regulations relating to the protection of personal data. You hereby consent to BHY’s use of any personal information that You provide to the BHY Platform: (i) for the purpose of providing the Website to You; (ii) to conduct sales and marketing to You; and (iii) in any additional manner described in the BHY Privacy Policy governing the Website. Please refer to the BHY Privacy Policy for information about how we collect, use and share personal information about You.

 

43. Feedback

 

You hereby grant BHY an unrestricted, perpetual, irrevocable, royalty-free, worldwide right and license to use all feedback, suggestions, improvements, and recommendations You or Your Users provide regarding the Platform (“Feedback”), and You acknowledge that BHY may use the Feedback in its sole discretion without any notice or other obligation to You. Company expects You to maintain a high level of integrity with respect to Feedback posted through the Platform, and You agree: (i) to base any rating or review You post only on Your first-hand experience with the applicable service; (ii) You will not provide a rating or review for any product or service with respect to which You have a competitive, ownership or other economic interest, employment relationship or other affiliation; (iii) You will not submit a rating or review in exchange for payment or other benefits from any individual or entity; and (iv) Your review will comply with these Terms. If we determine, in our sole discretion, that any rating or review could diminish the integrity of the ratings and reviews, we may exclude such Feedback without notice.

 

44. Miscellaneous

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No waiver by the Company of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.

 

45. Changes to these Terms

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We may update our Terms from time to time. If we make material changes to these Terms we will notify You by posting the new Terms on this page. We will let You know via email and/or a prominent notice on our Website, prior to the change becoming effective and update the "Last Modified" date at the top of these Terms. You are responsible for ensuring we have an up-to-date active and deliverable email address for You, and for periodically visiting our Website and these Terms to check for any changes. You are advised to review these Terms frequently for any changes. Changes to these Terms are effective when they are posted on this page.

 

Contact Us

 

All other feedback, comments, requests for technical support, and other communications relating to the Website or these Terms should be directed to support@biohackyourself.com.

 

 

 

Link to Privacy Policy

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