TERMS OF USE POLICY

TERMS AND CONDITIONS OF USE AGREEMENT

Last updated: January 5, 2024

Thank you for visiting Bendylife.com and the Bendylifeapp  (collectively, the “Site”), owned and operated by Bendy Life, LLC (“Bendylife” or “we”). These terms of use, the Privacy Policy [link], any terms of use posted in connection with particular areas of the Site, and any other documents incorporated by reference into these terms of use contain the complete terms and conditions (collectively, the “Agreement”) that apply to your use of the Site.  

Use of the Site or clicking on “I agree” constitutes a knowing acceptance and acknowledgement of this Agreement.  If you do not agree to this Agreement, you may not use this Site.  If for any reason you do not agree with or cannot abide by this Agreement (or any posted modifications to it), please exit this Site immediately. Otherwise, by accessing or using this Site, you agree to this Agreement, including the Privacy Policy. 

1. Scope of Agreement

1. General. This Agreement is between you and Bendylife and governs your access to and use of the Site. 

2. Privacy Policy. Please review our Privacy Policy [insert link], which is hereby incorporated into and made a part of this Agreement. The Privacy Policy explains how Bendylife collects, uses, and discloses your individual personal information. By accessing and using the Site, you consent to Bendylife’s actions with respect to your personal information in compliance with the Privacy Policy.  

2. Modification of Site or Agreement.

1. Bendylife may, at any time and in its sole discretion, modify, revise or otherwise change the Site (including without limitation adding or discontinuing any or all of the services), in whole or in part, without notice or liability to you. 

2. Bendylife reserves the right to modify this Agreement at any time at its sole discretion. If Bendylife modifies this Agreement, Bendylife will post the date of the latest revision at the top of this Agreement and will post the revised version on the Site. The modified version of the Agreement will apply to all access and use of the Site thereafter. Check this page periodically to be aware of any modifications to the Agreement. By continuing to access and use the Site once the modified Agreement is posted, you indicate your assent and your agreement to be bound by this Agreement as modified. 

3. Permissions.

1. Your Use. You May not commercialize the Site or its contents in any way. If you breach this Agreement, your right to use the Site under these permissions terminates immediately. You may print copies of the webpage for your company records. However you must ensure that any intellectual property notices displayed on these materials remain unchanged when printed. You agree not to modify, transform, create derivative works from, distribute, publicly display, make additional copies, or otherwise use the materials on the Site in any way. 

2. Restrictions. Except as permitted above, you shall not copy, reproduce, distribute, display, perform, sell, lease, transmit or create derivative works from this Site (in whole or in part) or translate, modify, reverse engineer, disassemble, or decompile this Site. You must use this Site only in accordance with the terms and conditions of this Agreement and only for lawful purposes. You may not use the Site (a) to reverse engineer or decompile it, or to gain (or attempt to gain) unauthorized access to materials provided on the Site or Bendylife’s services for which you do not have the proper authorization; (b) to impersonate any person or entity (including Bendylife or its employees) via user names or otherwise, or falsely state or otherwise misrepresent yourself, your age, your affiliation with any person or entity, or your authority to bind another person or entity; (c) to link postings or sites together without consent of author of the postings; (d) in a manner that violates any national, state, local or international law, rule or regulation (including laws regarding the export of data or software); (e) for any commercial purpose, including to advertise, promote or sell products or services or to distribute solicitations in the nature of “junk mail,” “chain letters” or “spam;” (f) to further or promote any criminal or illegal activity or to provide instructional information about illegal activities; (g) in a manner that interferes with, disables, disrupts, impairs, or creates an undue burden on the networks or services that support the Site or Bendylife’s services; (h) to harvest or collect email addresses or other contact information of other users by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications; (i) to send, knowingly receive, upload, download, use or re-use material that conflicts with the requirements, restrictions, or standards set forth in in this Agreement; or (j) via robot, spider or other automatic device, process or means to monitor or copy material on the Site; (k) in a way that attacks the Site via a denial-of-service attack or a distributed denial-of-service attack; (l) to exploit, harm, or violate the legal rights of others, (m) to transmit promotional materials or malicious code; (n) to transmit sexually explicit or pornographic material, obscene, defamatory, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, discriminatory, infringing material, or any material that could give rise to liability for Bendylife; (o) to deceive any person, or cause annoyance, inconvenience, or needless anxiety to any person, (p) in a manner that creates the impression they emanate from or are endorsed by Bendylife or others if that is not the case, (q) in a manner that Bendylife determines, in its sole discretion, restricts or inhibits any other user from using or enjoying the Site, the information provided through the Site, or Bendylife’s services. 

4. Availability and Use of Site.

1. Availability. The availability of this Site depends on many factors, including some factors that are beyond Bendylife’s control, such as your connection to the Internet and the Internet backbone. You are solely responsible for arranging access to the Site. You are responsible for all use of the Site through your Internet connection. Bendylife shall not be liable to you if you cannot use this Site for any reason. 

2. Communications. By filling out certain forms, such as the “contact” form, or otherwise requesting information from Bendylife, you may receive correspondence from Bendylife.  

5. Term; Termination.

1. Termination. In addition to any other legal or equitable remedies, Bendylife may, without prior notice to you, immediately terminate this Agreement and/or revoke any or all of your rights granted under this Agreement. 

2. Effect of Termination. Upon any termination of this Agreement, you shall immediately cease all access to and use of this Site and Bendylife may, in addition to any other legal or equitable remedies, deny your access to and use of this Site  in whole or in part. Any termination of this Agreement shall not affect the respective rights and obligations of the parties arising before the effective date of termination. The provisions of that, by their nature, are intended to survive termination of this Agreement, shall survive the termination of this Agreement.

6. Intellectual Property.

1. Intellectual Property Laws. U.S. and international copyright, trademark  and other intellectual and proprietary laws protect this Site and the materials provided therein, and any unauthorized access to or use of this Site or the materials therein may violate such laws. Bendylife reserves the right to enforce its intellectual and proprietary rights to the fullest extent of the law.

2. Ownership. All information and data that is part of this Site, including without limitation, recipes, photographs, caricatures, text, software, graphics, illustrations, images, audio clips (collectively, “Content”), and the design, selection, and arrangement of the Content, and all trademarks, service marks, trade dress, logos and tag lines displayed in this Site (collectively, the “Trademarks”), and the goods that are made available for purchase, as well as the copyrights, patents, trademark rights, and other intellectual property rights arising out of the foregoing are the sole and exclusive property of Bendylife or its licensors. You are not granted any right, either express or implied, in any Content or any copyright, Trademarks, patent, trade secret, right of publicity or other intellectual property or proprietary right of Bendylife or any of the goodwill associated with any of the foregoing. You shall not use the Trademarks or any confusingly similar version of them. To the extent that you use any Content or any copyright, Trademarks, patent, trade secret, right of publicity or other intellectual or proprietary right of Bendylife, such use and all goodwill associated therewith shall inure solely and exclusively to the benefit of Bendylife. 

3. Notices. You shall not remove any copyright, trademark, or other proprietary legends or notices that appear on, in or as part of this Site, whether on printable materials or otherwise. 

7.  User Contributions. 

The Site may allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, “post”) reviews, content, or materials (collectively, “User Contributions”) on or through the Site. 

1. Standards. All User Contributions and other content you post to or through the Site or knowingly receive, download, upload, use, or re-use in connection with the Site must comply with Bendylife’s content standards, which includes compliance with Section 3(b) and other terms and conditions of this Agreement, as well as additional content standards Bendylife may publish from time to time. The User Contributions must comply with all federal, state, local, and international laws and regulations. Without limiting the foregoing, the User Contributions must not: (i) promote, advocate, assist in, or engage in any illegal activity or unauthorized use or any way that violates applicable federal, state, local, or international law or regulations (including without limitation, any laws regarding the export or re-export of data or software to and from the US or other countries); (ii) impersonate any person or entity; (iii) stalk or harass any other person; (iv) harm or exploit minors in any way, including by requesting personal information from them or displaying inappropriate content; (v) falsely state or misrepresent your affiliation with another person or entity or to impersonate or attempt to impersonate Bendylife, a Bendylife employee, another user, or any other person or entity, whether by using that person’s email address, screen name, or other indicia associated with the foregoing or otherwise or that misleadingly give the impression that they emanate from or are endorsed by Bendylife or any other person or entity if that is not the case; (vi) provide any false or misleading data or materials likely to deceive others; (vii) infringe any patent, trademark, trade secret, service mark, copyright, or other intellectual property right of another person; (viii) access or use the account of another user; (ix) distribute or procure the sending of advertising, surveys, sales, contests, promotional materials, sweepstakes, barter, “junk mail”, “spam”, “chain letters”, “pyramid schemes”, or other messages for any commercial purposes; (x) distribute computer viruses or other code, files, or programs that interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; (xi) “hack” or access without permission Bendylife’s proprietary or confidential records or those of any other third party; (xii) contain any libelous, abusive, offensive, harassing, violent, inflammatory, threatening, defamatory, obscene, indecent, hateful, sexually explicit, pornographic, or otherwise objectionable materials (as determined by Bendylife in its sole discretion), materials that promote discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, or age, materials that promote sexually explicit or pornographic material, or other materials that could give rise to any civil or criminal liability under U.S. or international law or that otherwise may be in conflict with this Agreement; (xiii) promote any illegal activity or advocate, promote, or assist any unlawful act; (xiv) cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person; or (xv) violate the legal rights (including privacy rights and publicity rights) of others or contain any material that could give rise to liability or conflict with this Agreement

2. Permission. All User Contributions you post for public display to or through the Site will be considered non-confidential and non-proprietary. By posting any User Contributions on the Site, you grant Bendylife and its service providers and each of their licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, create derivative works from, and otherwise use and disclose to third parties any such User Contributions for any purpose.

3. Representations. You represent and warrant that you own or control all rights in and to the User Contributions and have the right to grant the permission set forth above, that your User Contributions will comply with the content standards set forth in this Agreement, that the User Contributions and your use of them will comply with the terms of this Agreement, and that the User Contributions do not infringe the copyright, trademark, trade secret, privacy rights, publicity rights, or other intellectual property or other rights of any third party. You acknowledge that you are responsible for any User Contributions you submit or contribute and that you, not Bendylife, have full responsibility for such content, including its legality, reliability, accuracy, and propriety. Bendylife is not responsible or liable to any third party for the content or accuracy of any User Contributions by you or any other user of the Site.  

4. Monitoring and Moderation. Bendylife has the right to remove or refuse to post any User Contributions for any reason or no reason in its sole discretion. Bendylife may take any action with respect to User Contributions that it deems necessary or appropriate in its sole discretion, including if it believes that any User Contributions violate this Agreement (including the Standards), infringes the intellectual property or other rights of any person, threatens the personal safety of users of the Site or the public or could create liability for Bendylife. Bendylife may disclose your identity or other information about you to any third party who claims that User Contributions you post violate their rights, including their intellectual property rights or privacy rights. Bendylife may take legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Site. Bendylife may terminate or suspend your access to all or part of the site for any or no reason, including without limitation any violation of this Agreement. Without limiting the foregoing, Bendylife has the right to cooperate fully with any law enforcement authorities or court order requesting or directing Bendylife to disclose the identity or other information of anyone posting  any posting any materials on or through the Site. YOU WAIVE AND HOLD HARMLESS BENDYLIFE AND ITS LICENSEES AND SERVICE PROVIDERS FROM ANY AND ALL CLAIMS RESULTING FROM ANY ACTION TAKEN BY BENDYLIFE OR A THIRD PARTY DURING OR AS A CONSEQUENCES OF INVESTIGATIONS OF EITHER BENDYLIFE OR LAW ENFORCEMENT AUTHORITIES. However, you acknowledge and agree that Bendylife cannot review all User Contributions or third party material before it is posted on the Site and cannot ensure prompt removal of objectionable User Contributions or material after it has been posted. Accordingly, Bendylife assumes 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. 

1. Terms of Sale. 

1. Orders. You agree that your order of any products or services from our e-commerce shop (including any subscriptions) through the Site is an offer to purchase such products or services. Bendylife will only be obligated to sell the products or services to you if Bendylife accepts the order, and Bendylife may choose to reject the order in our sole discretion. If Bendylife accepts the order, Bendylife will confirm by email, which will constitute acceptance.

2.  Pricing and Payment. Posted prices are subject to change without notice and do not include taxes or charges for shipping and handling. The price charged will be the price in effect at the time the order is placed. Bendylife reserves the right to cancel any orders arising from any of our pricing, typographical, or other errors. Bendylife must receive payment before acceptance of an order. You represent and warrant that the payment card information you provide is true, accurate, and complete, that you are duly authorized to use such payment card, that your payment card company will honor the charges, and that you will pay the charges incurred (including applicable taxes).

3. Shipping and Risk of Loss. Bendylife will arrange for shipment of the goods to you and you will pay all shipping and handling charges specified during the ordering process. Title and risk of loss pass to you upon transfer of the goods to the carrier. All shipping and delivery dates are estimates and not guaranteed. Bendylife is not liable for any delays in shipments.

4. Returns and Refunds. Due to the nature of the goods, we hope you will appreciate why Bendylife cannot exchange goods or accept returns. If you have any questions or concerns regarding your order, please feel free to reach out via email to paloma@bendylife.com. Under no circumstances will Bendylife’s liability exceed the actual amount you paid for the good and under no circumstances will Bendylife be liable for any loss of product, work, data, use, business, goodwill, reputation, revenue or profit, any diminution in value, costs of replacement goods or services, or any consequential, incidental, special, or punitive damages or losses, whether direct or indirect. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the foregoing limitation or exclusion may not apply to you.

5. Product Considerations. Please note that you are responsible for the selection and use of products purchased through the Site. Bendylife is not responsible for any staining or discoloration caused by your use of the goods, including but not limited to makeup stains, sweat stains, or scuffs. Please be aware that certain products may absorb makeup and sweat, and certain products may scuff. 

6. Other. If you are an individual, you represent and warrant that you are purchasing the goods (including any subscriptions) solely for your own personal, individual, household use and not for resale, redistribution, or export. If you are a utilizing any videos or subscriptions for functional movement, you represent and warrant that you have executed the Liability Waiver and that your purchase and use of the products and services will be consistent with the terms and conditions of the Liability Waiver. Further, you understand that the products and services offered on this Site, including fitness videos, workouts, or blogs, should not be considered medical advice. Please consult your doctor for any concerns regarding your health.  You agree that you will not cause or permit others to breach this Agreement.

2. Links to this Site.

You must obtain Bendylife’s prior written consent to post any link(s) to this Site. You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.

1. Warranty Disclaimer; Limitation of Liability.

1. Disclaimer. All Content, information, services, products, and transactions are provided on an “as-is” and “as available” basis without any warranties of any kind. This Site may include inaccuracies, mistakes, or typographical errors. You acknowledge that you use this Site at your own risk. Bendylife does not warrant that the Content, including your use of the Site, will be uninterrupted or error free, accurate, useful, complete, that defects will be corrected, that the Site or its server are free of viruses or other harmful components, or that the Site will meet your needs or expectations. Bendylife disclaims any and all representations and warranties, express or implied, including without limitation the implied warranties of merchantability, fitness for a particular purpose, noninfringement, title, quiet enjoyment, data accuracy, data completeness, security, reliability, quality, availability, and system integration. Bendylife shall not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses, or other technologically harmful material that may infect your computer or mobile device, computer programs, data, or other proprietary material due to your use of the Site or any services or items obtained through the Site or by downloading any material posted on the Site or on any site linked to the Site.

2. Limitation of Liability. To the maximum extent permitted by applicable law, Bendylife, and its respective officers, directors, employees, and agents and their respective successors and assigns shall not be liable for punitive, consequential, incidental, exemplary, indirect, or special damages (including without limitation damages for lost profits, revenues, business, use, data, or other intangibles), whether or not such damages were foreseeable and even if Bendylife had been advised of the possibility or likelihood of such damages. To the maximum extent permitted by applicable law, Bendylife shall not be liable to you for any damages arising from any other user of the Site, or from your reliance on any information provided on the Site. 

2. Indemnity. 

You agree to indemnify, defend and hold harmless Bendylife and its respective officers, directors, shareholders, employees and agents, and all of their respective successors and assigns, from and against any and all claims, liabilities, losses, awards, judgments, settlements, costs, fees, expenses (including reasonable attorneys’ fees) and damages arising out of or relating to (i) your access or connection to, or use of this Site, (ii) any claims alleging facts that, if true, would constitute a breach by you of the terms and conditions of this Agreement, and (iii) injury to persons (including death) or property, including loss or corruption of data caused by you. Bendylife  reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification for attorneys’ fees and costs of defense by you, and in such case, you agree to cooperate with Bendylife’s defense of such claims. 

1. Relationship Between the Parties.

You acknowledge that no joint venture, partnership, employment, or agency relationship exists between you and Bendylife as a result of this Agreement or any use of this Site or the content appearing on the Site. You agree not to hold yourself out as a representative, agent, or employee of Bendylife and Bendylife shall not be liable for any representation, act or omission by you to the contrary. 

1. Assignment.

You shall not assign or otherwise transfer this Agreement or assign, delegate or otherwise transfer any of your rights, interests or obligations under this Agreement and any such assignment, delegation or other transfer shall be void. This Agreement shall inure to the benefit of Bendylife’s successors, assigns, and licensees. 

1. Injunctive Relief; Remedies.

1. Injunctive Relief. You agree that Bendylife’s remedy at law for any actual or threatened breach of this Agreement would be inadequate and that Bendylife shall be entitled to specific performance or injunctive relief, or both (without posting security), in addition to any damages that Bendylife may be legally entitled to recover, together with reasonable expenses of any form of dispute resolution, including but not limited to attorneys’ fees.

2. Cumulative Remedies. All rights and remedies granted to Bendylife under this Agreement are cumulative and not alternative, and are in addition to all other rights and remedies available to Bendylife at law or in equity. 

2. Governing Law and Jurisdiction; Limit on Commencing Actions.

1. Governing Law. This Agreement is governed by the laws of the Commonwealth of Kentucky, U.S.A. without regard to its conflicts of laws principles. You consent to the exclusive jurisdiction and venue of the state and federal courts in Kentucky, in all disputes arising out of or relating to the use of this Site.  

2. Limitation on Actions. you must commence any cause of action or claim against Bendylife within one (1) year after the cause of action or claim arises, otherwise you agree that your cause of action or claim shall be barred. 

3. International Access.

This Site can be accessed from countries other than the United States. If you access and use this Site outside the United States, you are responsible for complying with your local laws and regulations. 

1. Contact Information.

Please send any other notices, questions, comments, or concerns regarding the Site to: paloma@bendylife.com. 

1. Waiver; Severability; Integration; Entire Agreement.

No waivers shall be implied, whether from any custom or course of dealing or any delay or failure in Bendylife’s exercise of its rights and remedies hereunder or otherwise. Any waiver granted by Bendylife shall not obligate Bendylife to grant any further, similar, or other waivers. If any provision of this Agreement 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 this Agreement will continue in full force and effect. This Agreement, together with the Privacy Policy, and all terms and conditions of use that govern specific parts of the Site, forms the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior or contemporaneous agreements pertaining hereto. This Agreement may only be amended by Bendylife in writing and will be effective immediately upon posting the revised version to the Bendylife Site.  Your use of the Site shall be subject to the current version of this Agreement at your time of use of the Site.

1. Reservation of Rights. 

Bendylife  reserves to itself any and all rights not expressly granted herein.