Terms & Conditions
LAST UPDATED: July 28, 2020
Welcome and thank you for visiting Bravabod.com (“Website”) and our Terms and Conditions of Use (“Terms & Conditions” or “Terms”).
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS RELATING TO YOUR USE OF OUR WEBSITES CAREFULLY. By using our Site at Bravabod.com and/or any future Bravabod websites or software applications (collectively, the “Service”), you agree to these Terms and Conditions. We reserve the right, in our sole discretion, to change, modify, add or remove portions of these Terms & Conditions at any time. You should check these Terms & Conditions periodically for changes. By using the Service after we post any changes to these Terms & Conditions, you agree to accept those changes, whether or not you have reviewed them. If you do not agree to these Terms & Conditions, you should not use our Service and, if applicable, you should arrange to cancel your registered user account or subscription with us.
Bravabod LLC and its affiliates (“Bravabod,” “we,” “our,” “us” or “Company”) operates this Website and the Services. You agree to be bound by the following Terms and Conditions, in their entirety, when you: (1) Use, access, or visit the Website; (2) Use or access the Services (3) Purchase or receive any good or service offered through the Website or the Services, including, but not limited to, Bravabod’s Subscription Service (launching Fall 2020) as defined in Section 5 (“Products”); (4) Listen to, access, or view any of the text, audio, video, graphics, or other content featured on the Site (“Content”); (5) access links to or view Bravabod’s social media pages or accounts on third party social media websites, including, but not limited to, Facebook, Instagram, Pinterest, Twitter, Snapchat, and LinkedIn (“Social Media”); (6) Purchase, redeem, or sign up to receive or send Bravabod gift cards or gift certificates (including, for the purposes of these Terms and Conditions, electronic versions of both).
For purposes of these Terms & Conditions, “affiliates” shall mean any entity or person, directly or indirectly, working together with Bravabod.
IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS, PLEASE DO NOT USE THE SERVICE OR ORDER OR USE ANY OF BRAVABOD’S SERVICES.
1. Terms & Conditions – In General
By using the Service, you agree to be legally bound and to abide by these Terms & Conditions, just as if you had signed this agreement. If you do not comply with these Terms & Conditions at any time, we reserve the right, if applicable, to terminate your password, user account, and/or access to the Service (or any part thereof). In our sole discretion and without prior notice or liability, we may discontinue, modify or alter any aspect of the Service, including, but not limited to, (i) restricting the time the Website is available, (ii) restricting the amount of use permitted, (iii) restricting or terminating any user’s right to use the Service, (iv) modifying content provided from the Service. You agree that any termination or cancellation of your access to, or use of, the Service may be affected without prior notice. If you do not abide by the provisions of these Terms & Conditions, except as we may otherwise provide from time to time, you agree that we may immediately deactivate or delete your user account and all related information and files in your user account and/or bar any further access to such information and/or files, or our Website. Further, you agree that we shall not be liable to you or any third-party for any termination or cancellation of your access to, or use of, our Service.
From time to time, we may supplement these Terms & Conditions with additional terms and conditions pertaining to specific content, activities or events (“Additional Terms”). Such Additional Terms may be placed on the Website to be viewed in connection with the specific content, activities, features or events and shall be identified as such. You understand and agree that such Additional Terms are hereby incorporated by reference into these Terms & Conditions.
2. Restrictions on Use of Materials
Unless otherwise specified, we grant you a non-exclusive, non-transferable, limited right to access, use and display the Service and the material provided therein for your personal, noncommercial use, provided that you comply fully with the provisions of these Terms & Conditions. You acknowledge that the Service contains information, software, photos, video, text, graphics, sounds, questions, creative suggestions, messages, comments, feedback, ideas, recipes, and other materials (collectively, “Content”) that are protected by copyrights, patents, trademarks, trade secrets and/or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereafter developed. All Content is copyrighted under the United States copyright laws (and, if applicable, similar foreign laws), and we own a copyright in the selection, coordination, arrangement and enhancement of such Content. All trademarks appearing on this Website are trademarks of their respective owners. BRAVABOD is the trade name and the registered trademark and service mark of this Service. Our partners, suppliers, advertisers, sponsors, licensors, contractors and other third parties may also have additional proprietary rights in the Content which they make available on the Service. You may not modify, publish, transmit, distribute, perform, participate in the transfer or sale, create derivative works of, or in any way exploit, any of the Content, in whole or in part. If Content is downloaded to your computer, you do not obtain any ownership interest in such Content. Modification of the Content or use of the Content for any other purpose, including, but not limited to, use of any Content in printed form or on any other website or networked computer environment is strictly prohibited unless you receive our prior written consent.
Bravabod reserves the rights to their content and rights to leverage #Bravabod content in marketing materials and communication.
All the Websites’ and Services’ Content and materials, including, without limitation, all Bravabod product logos, design, text, graphics, video, audio, software, other files, and the selection and arrangement thereof are Copyright © 2020 Bravabod LLC. ALL RIGHTS RESERVED. Unless expressly stated otherwise, Bravabod or its suppliers or licensors own and retain other proprietary rights in all products available through the Website and the Services. Except as stated herein, none of the Content may be copied, modified, reproduced, distributed, republished, downloaded, performed, displayed, posted, transmitted, sold, or made into derivative works in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of Bravabod or the respective copyright owner. You may not, without the express written permission of Bravabod or the respective copyright owner, (a) copy, publish, or post any materials on any computer network or broadcast or publications media; (b) modify the materials; or (c) remove or alter any copyright or other proprietary notices contained in the materials. You also may not (a) sell, resell, or make commercial use of the Website, Services, its content, or services or products obtained through the Website or Services; (b) collect and use of any product listings or descriptions; (c) make derivative uses of the Websites, Services or their Content; or (d) use of any data mining, robots, or similar data gathering and extraction methods. You are not conveyed any right or license by implication, estoppel, or otherwise in or under any patent, trademark, copyright, or other proprietary right of Bravabod or any third party.
Bravabod reserves the right to terminate any end-user’s access to the Bravabod Website or Services where that end-user infringes upon third-party copyrights. Please notify us at email@example.com if you believe any infringement has occurred.
5. Becoming a Registered User
There is no cost to become a registered user of the Service. You do not have to become a registered user to use the Service. However, if you do not register, you will be precluded from using certain features, and/or resources of our Service. You must register in accordance with instructions that you will find on the Service to participate in, and to contribute to, any Community Area, or to have the “User Profile” feature of our Service. A “Community Area” means any review area, commenting area, personal page, or similar activity where you can communicate with other users of our Website or upload your own Content.
If you elect to become a registered user of our Service, you agree to (1) provide us with true, accurate and complete information about yourself (“Registered User Data”), and to maintain and promptly update the Registered User Data and any other information you provide to us, to keep it accurate, (2) maintain the security of your password and accept the risks associated with access to your account which is not authorized by you; and (3) notify us as soon as possible either at firstname.lastname@example.org if you believe there have been any breaches to the security of the Website or the Services or your account information. Without limiting any other provision of these Terms & Conditions, if you provide any information that is untrue, inaccurate, or incomplete, or we have reasonable grounds to suspect that such is the case, we reserve the right to suspend or terminate your user account and refuse any and all current or future use of our Website (or any portion thereof). You agree not to assign, transfer or sublicense your rights as a registered user of this Website. You further agree not to register for more than one account, create an account on behalf of someone else, or create a false or misleading identity on this Website.
6. BRAVABOD’S SERVICES (LAUNCHING FALL 2020)
Bravabod’s Subscription Service. Our Subscription service will be an automatic, recurring monthly subscription to Bravabod Content (“Subscription Service”). You can find specific details regarding your Subscription Service by accessing your account details via the Website. The fee for your Subscription Service (“Subscription Fee”) will apply regardless of how much or how often you access or use the Subscription Service.
Auto-Renewal Feature. THE SUBSCRIPTION SERVICE WILL CONSIST OF AN INITIAL CHARGE FOLLOWED BY RECURRING PERIODIC CHARGES AS AGREED TO BY YOU. BY ENTERING INTO THIS AGREEMENT, YOU WILL ACKNOWLEDGE THAT YOUR SUBSCRIPTION HAS AN INITIAL AND RECURRING PAYMENT FEATURE AND YOU ACCEPT RESPONSIBILITY FOR ALL RECURRING CHARGES PRIOR TO DEACTIVATION. BRAVABOD MAY SUBMIT PERIODIC CHARGES (MONTHLY) WITHOUT FURTHER AUTHORIZATION FROM YOU, UNTIL YOU PROVIDE ADVANCE NOTICE (IN COMPLIANCE WITH THE DEACTIVATION PROCEDURES IN THIS SECTION 6) THAT YOU WISH TO TERMINATE THIS AUTHORIZATION OR WISH TO CHANGE YOUR PAYMENT METHOD. SUCH NOTICE WILL NOT AFFECT CHARGES SUBMITTED BEFORE BRAVABOD REASONABLY COULD ACT. TO TERMINATE YOUR AUTHORIZATION OR CHANGE YOUR PAYMENT METHOD, LOG ON TO YOUR BRAVABOD ACCOUNT, OR EMAIL HELLO@BRAVABOD.COM. IF YOUR PAYMENT DETAILS CHANGE, YOUR CARD PROVIDER MAY PROVIDE US WITH THE UPDATED PAYMENT DETAILS. WE RESERVE THE RIGHT TO USE THESE UPDATED DETAILS FOR FUTURE CHARGES IN ORDER TO HELP PREVENT ANY INTERRUPTION TO THE DELIVERY OF SERVICE.
IF ANY SUBSCRIPTION FEES BILLED TO YOUR ACCOUNT ARE NOT PROCESSED FOR ANY REASON WE MAY SUSPEND YOUR SUBSCRIPTION SERVICE UNTIL PAYMENT IS MADE IN FULL.
ADDITIONALLY, BY SIGNING UP FOR OUR SUBSCRIPTION SERVICE YOU ARE AGREEING TO RECURRING PERIODIC PAYMENTS FOR AN INDEFINITE TIME UNTIL DEACTIVATED BY YOU OR US, ON THE SUBSCRIPTION TERMS SET OUT IN THE APPLICATION FORM YOU HAVE COMPLETED,SUBJECT TO VARIATION IN ACCORDANCE WITH THIS SECTION. YOU CAN DEACTIVATE YOUR SUBSCRIPTION AT ANY TIME, PROVIDED THAT YOU DO SO WITHIN THE APPLICABLE DEACTIVATION NOTICE PERIOD, AS DEFINED IN THIS SECTION 6. YOU WILL NOT BE CHARGED FOR ANY DEACTIVATION. YOU CAN RE-SUBSCRIBE AT ANY TIME FOLLOWING YOUR DEACTIVATION, BUT WE RESERVE THE RIGHT NOT TO PERMIT RE-SUBSCRIPTION WHERE WE HAVE PREVIOUSLY ELECTED TO TERMINATE A SUBSCRIPTION BY YOU.
FURTHERMORE, FOLLOWING YOUR INITIAL SUBSCRIPTION PERIOD, YOUR SUBSCRIPTION WILL BE AUTOMATICALLY EXTENDED FOR SUCCESSIVE RENEWAL PERIODS OF THE SAME LENGTH, AT THE THEN-CURRENT, NON-PROMOTIONAL SUBSCRIPTION RATE. YOU CAN LOG ON TO YOUR ACCOUNT TO DEACTIVATE YOUR SUBSCRIPTION OR EMAIL HELLO@BRAVABOD.COM AND WE WILL DO IT FOR YOU. FULL DETAILS FOR DEACTIVATION PROCEDURES ARE IN THIS SECTION 6 OF THESE TERMS. IF YOU DEACTIVATE, YOU MAY USE YOUR SUBSCRIPTION UNTIL THE END OF YOUR THEN-CURRENT SUBSCRIPTION TERM; YOUR SUBSCRIPTION WILL NOT BE RENEWED AFTER YOUR THEN-CURRENT TERM EXPIRES. YOU WILL NOT BE ELIGIBLE FOR A PRORATED REFUND OF ANY PORTION OF THE SUBSCRIPTION FEE PAID FOR THE THEN-CURRENT SUBSCRIPTION PERIOD.
TO DEACTIVATE YOUR ACCOUNT, PLEASE EMAIL HELLO@BRAVABOD.COM STATING THAT YOU WISH TO TERMINATE YOUR ACCOUNT, ALONG WITH YOUR FULL NAME AND REGISTERED EMAIL ADDRESS. WE DO NOT OFFER REFUNDS OR CREDITS FOR UNUSED SUBSCRIPTION PERIODS, ACCIDENTAL PURCHASES, MEDICAL CONDITIONS, OR ANY SIMILAR REASON OR EVENT, UNLESS REQUIRED BY LAW TO DO SO. IF YOU ARE DISSATISFIED FOR ANY REASON, PLEASE CONTACT US AT HELLO@BRAVABOD.COM.
7. Pricing and Promotions (LAUNCHING FALL 2020)
Price Adjustments. We reserve the right to adjust prices in our sole discretion, at any time and without notice to you; provided, however, that we will provide you with at least ten (10) days’ advance notice of any price changes with your specific Subscription Service. Your continued subscription to your Subscription Service after such notice has been delivered to you will constitute your acceptance of such price changes, unless you cancel your Subscription Service in accordance with these Terms. All prices shown on the Site and/or in the App are in U.S. dollars. Any applicable taxes and other fees or charges are not included and are additional to any prices shown on the Site and/or in the App. Prices, taxes or other fees may vary geographically.
Subscription Add-Ons. Different features and other customized options may become available in addition to your Subscription Service, including, but not limited to, premium options, and new product add-ons. These may change the price of your plan on a recurring basis. Should you have any questions about any of the options available under your Subscription Service, please visit www.bravabod.com, or email email@example.com.
Promotions. We may offer special promotions, trials, discounts, offers or coupons from time to time directly through the Website or through third parties, subject to and on its terms and conditions separate to those of our Terms and Conditions. It is your responsibility to read and understand those third-party terms and conditions. Any trial offers or subscriptions will automatically rollover to a paid subscription unless cancelled at the end of the promotional period, or unless otherwise stated.
9. Community Standards
You acknowledge that all Content posted, emailed, or otherwise transmitted to or on this Website, whether posted at our request or voluntarily, and whether publicly posted or privately transmitted (collectively, the “Postings”), are the sole responsibility of the person who made such Postings. This means that you are entirely responsible for all Postings that you post, email or otherwise transmit to the Service. We do not control the Postings posted, emailed or otherwise transmitted on our Website by others and, as such, we do not guarantee the accuracy, integrity or quality of such Postings. Although we have adopted community standards and conduct guidelines for the users of our Service (as described below), you understand that by using the Service, you may be exposed to Postings that are offensive or objectionable. Under no circumstances will we be liable in any way for any Postings (other than for Content developed by us), including, but not limited to, for any errors or omissions in any Postings, or for any loss or damage of any kind incurred as a result of the use of any Postings posted, emailed or otherwise transmitted to or through the Service.
You agree not to use the Service (including any Community Areas) to:
a. Upload, post, email or otherwise transmit any Postings or other materials that are unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable (in our sole discretion);
b. Harm minors in any way, or solicit or otherwise attempt to gain any information from a minor;
c. Impersonate any person or entity, including, but not limited to any user of the Service, a director, officer, employee, shareholder, agent or representative of Bravabod, our affiliates or any other person or entity, or falsely state or otherwise misrepresent your affiliation with Bravabod, or our affiliates or any other person or entity;
d. Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Postings or other materials transmitted to or through the Service;
e. Upload, post, email or otherwise transmit any Postings or other materials that are not your own, or that you do not have a right to upload, post, email or otherwise transmit under any law or under contractual or fiduciary relationships (such as insider information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
f. Upload, post, email or otherwise transmit any Postings or other materials that infringe upon any patent, trademark, trade secret, copyright, right of privacy or publicity or other proprietary rights of any party;
g. Upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of commercial solicitation;
h. Upload, post, email or otherwise transmit any Postings or other materials that contain software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
i. Disrupt the normal flow of dialogue, cause a screen to “scroll” faster than other users of a Community Area (or other portion of the Service) are able to type, or otherwise act in a manner that negatively affects or otherwise diminishes the quality of another user’s experience of the Service;
j. Interfere with or disrupt the Service or servers or networks connected to the Website, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
k. Intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, any regulations having the force of law;
l. “Stalk”, “Cyberstalk” or otherwise harass another user, employee of the Service or Bravabod; or
m. Solicit, collect or post personal data or attempt to solicit, collect or post personal data about other users of the Service, including usernames or passwords; or access or attempt to access another user’s account without his or her consent;
Your privilege to use the Service (including the Community Areas) and contribute to discussions on the Community Areas depends on your compliance with the community standards and conduct guidelines set forth above. We may revoke your privileges to use all or a portion of the Service and/or take any other appropriate measures to enforce these community standards and conduct guidelines if violations are brought to our attention. Further, if you fail to adhere to our community standards and conduct guidelines, or any of these Terms & Conditions, we may terminate, in our sole discretion, your use of, or participation in, any Community Area.
10. User Conduct
You agree that you will not violate any statute, regulation, intellectual property (including, but not limited to, copyright and trademarks), contractual obligations, other third party rights, or commit a tort, and that you are solely responsible for your conduct, while accessing or using the Website or the Service. You agree that you will abide by these Terms and will not: (1) display personal or confidential information related to any third party, including, but not limited to, street addresses, email addresses, last names, telephone numbers, and URLs; (2) attempt to access or use another user’s account unless permitted to do so, in writing, from both the user and Bravabod; (3) engage in any behavior which is deemed to be harassment, threatening, stalking or predation of any other person; (4) make any claim, statement, or assertion, or imply, that your claim, statement, or assertion is endorsed by Bravabod without Bravabod’s express written consent; (5) engage in the commercial solicitation of other end-users; (6) collect or record end-users’ personal information without their prior written consent; (7) develop or use any third party applications that interact with any of Bravabod’s Content, the Website, or the Service without our prior written consent; (8) use the Website or Service in any way that prevents or inhibits other end-users from fully utilizing the Website or Service, or in a way that could overburden or interfere with the functioning of the Website or Service in any manner;(9) use any manual or automatic process, means, or interface (including, but not limited to robot, spider, script or, browser extension), which Bravabod has not authorized to access the Website or Service, to retrieve or index data; (10) decipher or reverse engineer any portion of the Website or Service that may reveal source code or bypass items designed to obstruct, limit, or stop access to any Content, specific site within the Website, or code within the Website; (11) access or attempt to access any portion or feature of the Website or Service which you are not authorized to access, pursuant to these Terms or any subsequent agreements; or (12) use the Website or Service for any illegal purpose.
11. User Submissions
Pursuant to the specifications located in these Terms, the Website, Service or any social media platforms on which Bravabod has an official page or feed, may include, now or in the future, areas (“Interactive Areas”) that allow users to post Content, including but not limited to, recipes, reviews, photos, videos, music, sound, text, graphics, code, or other materials (“Submissions”). Any Submissions you post must, in their entirety, comply with all applicable federal, state, local and international laws and regulations, and these Terms (including, but not limited to, the Community Standards, User Conduct, and Submission Standards provisions set out in these Terms).
Bravabod may alter, adapt, or edit the Submissions and any further material created under these Terms and Conditions, and market and exploit it entirely at Bravabod’s sole discretion. Bravabod is not obliged to make any use of the Submissions or exercise any of the rights granted by these Terms and Conditions.
You understand and acknowledge that you are responsible for any Submissions you submit or contribute and your use of any Interactive Areas of the Website or Service, and you, not Bravabod, have full responsibility for such content and use, including its legality, reliability, accuracy, and appropriateness. We are not responsible or liable to any third party for the content or accuracy of any Submissions posted by you or any other user of the Website or Service. You understand and acknowledge that Submissions that you share with a third party through the Website, Service or third-party platforms may be viewable by others in accordance with the privacy settings you establish.
Submission Standards. Any Submission you post to the Website will be considered non-confidential and non-proprietary. By providing any Submission on the Website, you represent and warrant that:
you own or control all rights in and to the Submission and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns.
you grant Bravabod and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose.
all of your Submission does and will comply with these Terms.
By using the Interactive Areas of the Website and Service, you further agree not to create, post, share or store any of the following: (1) Any content that would encourage, either express or implied, conduct that could be deemed a violation of a statute or regulation; (2) Any content that is determined, by Bravabod in its sole determination, to be indecent, obscene, abusive, threatening, pornographic, or harassing; (3) Any content that violates the proprietary rights of a third party; (4) Any content that contains confidential information; (5) Any content that impersonates, or misrepresents your affiliation with, any person or entity without their express permission; (6) Any content that contains any viruses or other computer code, files, or programs designed to harm, inhibit the operative ability of, or destroy part/all of the Website or Services; (7) Any content that contains solicitations, including, but not limited to, any advertisements, promotional materials (other than those directly related to Bravabod), and political campaign requests; (8) Any content that, in our sole judgment, is objectionable or that restricts or inhibits any other person from using or enjoying the Website, Services, Products, or Offerings, or that may expose Bravabod or others to any harm or liability of any type.
Although we are not required to regulate Submissions, we reserve the right, in our sole discretion, to monitor, edit or remove Submissions posted or stored on the Website or Service for any reason. You are solely responsible for creating backup copies of and replacing any Submission you post or store on the Site at your sole cost and expense.
12. Parental or Guardian Permission
Some of the Content on the Service may not be appropriate for children. CHILDREN UNDER THE AGE OF 16 ARE NOT PERMITTED TO USE THE SERVICE. We strongly recommend that children under the age of 18 ask for their parent’s or guardian’s permission before using our Service.
These Terms & Conditions apply only to the Service, and not to the websites of any other person or entity. We may provide, or third parties may provide, links to other worldwide websites or resources. You acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse (and are not responsible or liable for) any content, advertising, products, or other materials on or available from such websites or resources. You further acknowledge and agree that, under no circumstances, will we be held responsible or liable, directly or indirectly, for any loss or damage that is caused or alleged to have been caused to you in connection with your use of, or reliance on, any content, advertisements, products or other resources available on any other website (regardless of whether we directly or indirectly link to such content, advertisements, products or other resources). You should direct any concerns with respect to any other website to that website’s administrator or webmaster.
14. Copyright Complaints
We respect the intellectual property of others, and we ask our users to do the same. We may, in appropriate circumstances and in our discretion, terminate the rights of any user to use our Service (or any part thereof) who infringes the intellectual property rights of others. The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe that your work has been copied in a way that constitutes copyright infringement or are aware of someone doing so, please contact us and include the following information
a) a physical or electronic signature of the owner of the copyright or a person authorized to act on behalf of the owner;
b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on this website are covered by a single notification, a representative list of such works);
c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow us to locate the material on our Website;
d) your name, mailing address, telephone number and email address;
e) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and
f) a statement by you that the information in your notification is accurate, and that you attest under penalty of perjury, that you are the copyright owner or that you are authorized to act on the copyright owner’s behalf.
If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices with respect to this Website should be sent to firstname.lastname@example.org.
15. Password and User Security
If you are a registered user of the Service, you are entirely responsible for maintaining the confidentiality of your password and user account information. You agree to notify us immediately in the event of any known or suspected unauthorized use of your user account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your or anyone else’s password. You are entirely responsible for any and all activities which occur under your user account. You agree to immediately notify us of any unauthorized use of your user account or any other breach of security known to you.
16. Health Disclaimer
Bravabod is not a medical organization and cannot give you medical advice or diagnosis. Nothing contained in the Service should be construed as such advice or diagnosis. The information and reports generated by us should not be interpreted as a substitute for physician consultation, evaluation, or treatment. All material on this website is provided for your information only and may not be construed as medical advice or instruction. The information provided is merely personal opinions and should not be taken as fact.
You are urged and advised to seek the advice of a physician before beginning any weight loss effort, new diet, or change in lifestyle regimen. The Service is intended for use only by healthy adult individuals. The Service is not intended for use by minors, pregnant women, or individuals with any type of health condition. All individuals, regardless of condition, should seek professional medical advice and clearance prior to initiating any dietary or lifestyle changes. There are inherent risks associated with various diets, modes of cooking, and ingredients, and individuals choose these meals, and any dietary modifications of them, at their own risk.
All information is intended for your general knowledge only and is not a substitute for medical advice or treatment for specific medical conditions. This information on the Service has not been evaluated by the FDA and is not intended to treat, diagnose, cure or prevent any disease. We cannot and do not give you medical advice. You should seek prompt medical care for any specific health issues and consult your physician before changing your diet. We do not recommend the self-management of health problems. Information obtained by using our services is not exhaustive and does not cover all diseases, ailments, physical conditions or their treatment.
If you are being treated for an illness, taking prescription medication, or following a therapeutic diet to treat a disease, it is especially important to show the Meal Plan(s), in their entirety, to your physician. Any modifications made to the Plan by your physician should be followed.
The meals and recipes suggested on the Service are not intended for weight loss. The Service aims to inspire Users with examples of nutritionally balanced meals. Always consult with a physician or certified nutritionist beforehand.
Allergen Information. PLEASE NOTE THAT THE EIGHT MAJOR ALLERGENS, AS DETERMINED BY THE US FOOD AND DRUG ADMINISTRATION, WHICH ARE WHEAT, EGG, SOY, MILK, TREENUTS, PEANUTS, FISH, AND SHELLFISH, MAY BE SUGGESTED WITHIN THE WEBSITE, THE SERVICE AND CERTAIN RECIPES, MEAL OR DIETARY OPTIONS DISPLAYED THEREIN (COLLECTIVELY THE “DISPLAYED MEALS”). YOU UNDERSTAND, ACKNOWLEDGE AND AGREE THAT THE DISPLAYED MEALS MAY CONTAIN SOME OR ALL OF THE ALLERGENS LISTED. YOU ARE ALSO SOLELY RESPONSIBLE FOR KNOWING ABOUT ANY FOOD ALLERGIES YOU MAY HAVE AND VERIFYING THE SUITABILITY OF A DISPLAYED MEAL PRIOR TO PREPARING, USING OR CONSUMING SUCH PRODUCTS. BRAVABOD DOES NOT REPRESENT OR WARRANT THAT THE NUTRITION, INGREDIENT, ALLERGEN, AND OTHER PRODUCT INFORMATION ON OUR WEBSITE OR SERVICE IS ACCURATE OR COMPLETE. WE RECOMMEND THAT YOU DO NOT RELY SOLELY ON THE INFORMATION PRESENTED ON OUR SITE AND THAT YOU CONSULT THE PRODUCTS LABEL WITH RESPECT TO THE PRODUCTS CONTAINED IN ANY DISPLAYED MEALS IF YOU HAVE A SPECIFIC DIETARY OR ALLERGIC CONCERN OR QUESTION ABOUT A PRODUCT OR DISPLAYED MEAL.
Testimonials, and customer stories found for the Service have been submitted to us by users of said Service. Every person has unique experiences, eating habits, and applies the information in a different way. Thus, the experiences that we share from other people may not reflect the typical purchaser’s experience, may not apply to the average person, and are not intended to represent or guarantee that anyone will achieve the same or similar results.
18. Food Handling
Please use great caution and sanitary practices when handling food products. Refer to your health department’s safe food handling guidelines. Wash your hands and surfaces thoroughly before and after handling any food product.
The cooking instructions and directions on this website are offered as guidelines only. Use your best judgment and proper discretion when preparing or consuming any food. We do not advise eating any eggs, meat or seafood that has not been properly handled or cooked. Eating something undercooked or raw is to be done at your own discretion.
19. Nutritional Values and Disclaimer
Nutritional values have been calculated with due care and attention using third party nutrition software. However, there will be differences in the macro and micronutrient values due to the variance of each individual kitchen creation caused by ingredient amounts, brand differences, different cuts and quality of meats, etc. The nutritional values of these recipes are offered as a guideline only. The Service is presented solely for motivational and informational purposes only, it is not intended as a weight management tool.
The nutritional data on the Website has not been evaluated or approved by a nutritionist or the Food and Drug Administration. For the most accurate nutritional information on a Displayed Meal, you should calculate nutritional information with the actual ingredients used in the recipe, using your preferred nutrition calculator or with the assistance of a licensed medical professional.
20. Payment Processing
All Website Purchases are processed securely via third-party payment gateway providers. You must refer to their terms and conditions for additional information. All transactions are handled over SSL and are PCI-Compliant. We, Bravabod, do not store your credit card details which will be managed by the payment processing services.
21. Disclaimers of Warranties
PLEASE NOTE THE FOLLOWING IMPORTANT DISCLAIMERS OF WARRANTIES:
THE PRODUCTS, OFFERINGS, CONTENT, DISPLAYED MEALS AND MATERIALS ON THE SERVICE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, COMPATIBILITY, SECURITY, ACCURACY OR NON-INFRINGEMENT.
NEITHER BRAVABOD, ANY OF OUR AFFILIATES, NOR ANY OF OUR OR THEIR RESPECTIVE LICENSORS, LICENSEES, SERVICE PROVIDERS OR SUPPLIERS WARRANT THAT THE SERVICE OR ANY FUNCTION CONTAINED IN THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE OR THE SERVERS THAT MAKE THE SERVICE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
ANY PRODUCT, OFFERING, CONTENT, DISPLAYED MEAL AND MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR SOLE RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH PRODUCT, OFFERING, CONTENT OR MATERIAL.
NEITHER BRAVABOD, ANY OF OUR AFFILIATES, NOR ANY OF OUR OR THEIR RESPECTIVE LICENSORS, LICENSEES, SERVICE PROVIDERS OR SUPPLIERS WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE PRODUCTS, OFFERINGS, CONTENT, DISPLAYED MEAL AND MATERIALS IN THE SERVICE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
FURTHER, PLEASE NOTE THAT NO ADVICE OR INFORMATION, OBTAINED BY YOU FROM OUR PERSONNEL OR THROUGH THIS WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED FOR IN THESE TERMS & CONDITIONS.
22. Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE AND OUR AFFILIATES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF, OR RESULTING FROM, (A) THE USE OR THE INABILITY TO USE THE SERVICE; (B) THE USE OF ANY CONTENT OR OTHER MATERIAL ON THE SERVICE OR ANY WEBSITE OR WEBSITES LINKED TO THE SERVICE, (C) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (D) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (E) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OUR SERVICE; OR (F) ANY OTHER MATTER RELATING TO OUR SERVICE. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING OUR SERVICE. IF YOU ARE DISSATISFIED WITH ANY PORTION OF OUR SERVICE, OR WITH ANY OF THESE TERMS & CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS THE DISCONTINUATION OF YOUR USE OF THE SERVICE. IF ANY PORTION OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS ON LIABILITY AND IN SUCH JURISDICTIONS THE LIABILITY OF BRAVABOD SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
You agree to indemnify, hold harmless and, at our option, defend Bravabod and our affiliates, and our and their officers, directors, employees, stockholders, agents and representatives from any and all third party claims, liability, damages and/or costs (including, but not limited to, reasonable attorneys fees and expenses) arising from your improper use of the Service or our products or offerings, your violation of these Terms & Conditions, or your infringement, or the infringement or use by any other user of your account, of any intellectual property or other right of any person or entity.
24. Governing Law and Choice of Forum
These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of California, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to the Terms and Conditions or your use of the Sites shall be filed only in the Superior Court of San Francisco, California, or the United States District Court for the Central District of California, and except as stated herein you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action, or proceeding arising out of the Terms and Conditions.
The terms of this paragraph survive any termination of the Terms and Conditions.
These Terms & Conditions shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to your use of this Website or these Terms & Conditions shall be filed only in the state or federal courts located in San Francisco in the State of California and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.
25. Dispute Resolution and Binding Arbitration
PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH BRAVABOD AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.
Arbitration Is Binding. YOU AND BRAVABOD ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.
ANY CLAIM, DISPUTE, OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT, OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE, AND EQUITABLE CLAIMS) BETWEEN YOU AND BRAVABOD ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OR USE OF PRODUCTS OR OFFERINGS THROUGH THE WEBSITE OR SERVICE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.
This shall not apply to any disputes in which a party seeks to resolve an issue in small claims court, seeks injunctive relief, or other equitable relief related to the use of proprietary rights.
Preliminary Resolution Attempts. You agree to notify Bravabod within forty-five (45) days of the occurrence or alleged occurrence of any dispute that could rise to become a small claim or claim that can be arbitrated according to these Terms. Notification can occur by contacting Bravabod at email@example.com. Upon receipt of the notification, both parties shall attempt to resolve the issue within thirty (30) days. If we cannot otherwise satisfactorily resolve your dispute and you wish to proceed, you must submit your dispute for resolution by arbitration in accordance with these Terms.
Waiver of Class Actions & Class Arbitrations. To the fullest extent permitted by law, you agree to arbitration on an individual basis, and to give up any rights to bring, join, or participate in any class action or representative action with respect to any claim, dispute or controversy that you may have against Bravabod. In any such dispute, NEITHER PARTIES ARE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER, OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. Unless both you and Bravabod agree otherwise, the arbitral tribunal may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. You agree to the entry of injunctive relief to stop such a lawsuit or to remove you as a participant in the suit, and to pay the attorney’s fees and court costs that Bravabod incurs in seeking such relief.
This provision preventing you from bringing, joining, or participating in class action lawsuits and class arbitrations: (A) does not constitute a waiver of any of your rights or remedies to pursue a claim individually and not as a class action in binding arbitration as provided above; and (B) is an independent agreement. The arbitral tribunal has no power to consider the enforceability of this class action and class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction. You may opt-out of these dispute resolution provisions, pursuant to Section 25.5.
If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced.
Arbitration Proceedings. For claims of Ten Thousand Dollars ($10,000.00) or less, you can choose whether the arbitration proceeds in person, by telephone, or based only on submissions. Nothing contained herein shall be construed to preclude any party from: (i) seeking injunctive relief in order to protect its rights pending an outcome in arbitration; and/or (ii) pursuing the matter in small claims court rather than arbitration.
The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. If you prevail on any claim that affords the prevailing party attorneys’ fees, the arbitrator may award reasonable fees to you under the standards for fee shifting provided by law. Any award of the arbitrator(s) will be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction.
Opt Out Rights. You may pursue your claim in small-claims court rather than arbitration (as it pertains to Section 25) if you provide written notice of this intention within sixty (60) days of the day you agreed to (or are determined to have agreed to) these Terms. If you choose to opt out, send written notice to: Compliance, Bravabod, 2269 Chestnut Street #227, San Francisco, CA 94123. Please include your name, contact information, and a clear statement that you would like to opt out of the provisions related to binding arbitration. Please note that, all other provisions of the Terms, including Section 24, will still apply. The Arbitration or smalls-claim court proceeding will be limited solely to your individual dispute.
26. International Users
The Service is controlled, operated, and administered by Bravabod from its offices within the United States of America. Bravabod makes no representation that materials on the Service are appropriate or available for use at other locations outside of the United States and access to them from territories where the contents or products available through the Service are illegal is prohibited. You may not use the Service or export the content or products in violation of U.S. export laws and regulations. If you access the Service from a location outside of the United States, you are responsible for compliance with all local laws.
Notwithstanding any of these Terms and Conditions, Bravabod reserves the right, without notice and in its sole discretion, for any reason or no reason, to terminate your ability to use the Service and to block or prevent future access to and use of the Service. You agree that Bravabod shall not be liable for any termination of your use of or access to the Service.
28. Third Party Rights
Only you and Bravabod shall be entitled to enforce these Terms and Conditions. No third party shall be entitled to enforce any of these Terms and conditions.
29. Miscellaneous Terms
In any action against us arising from the use of the Service, the prevailing party shall be entitled to recover all legal expenses incurred in connection with the action, including but not limited to its costs, both taxable and non-taxable, and reasonable attorney’s fees.
If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. These Terms & Conditions, together with the Subscription Agreement (if applicable), are the entire agreement between you and us relating to the subject matter herein. These Terms & Conditions may be modified only by our posting of changes to these Terms & Conditions on the Service, or by written agreement of both parties. Each time you access the Service, you will be deemed to have accepted any such changes.
We may assign our rights and obligations under these Terms & Conditions. These Terms & Conditions will inure to the benefit of our successors, assigns and licensees. The failure of either party to insist upon or enforce the strict performance of the other party with respect to any provision of these Terms & Conditions, or to exercise any right under the Terms & Conditions, will not be construed as a waiver or relinquishment to any extent of such party’s right to assert or rely upon any such provision or right in that or any other instance; rather, the same will be and remain in full force and effect.