BOLO ON DEMAND
Terms and Conditions
(Updated as of December 21, 2020)
BOLO On Demand is a digital subscription service. BOLO On Demand offers members the opportunity to purchase a subscription service for video on demand.
Your participation in the BOLO On Demand indicates your acceptance and agreement to all of these BOLO On Demand Terms and Conditions (these “Terms”) as in effect from time to time, including, without limitation the arbitration provision below, and any changes or updates to these Terms.
These terms of service (“terms”) set forth the legally binding terms for your use of the web site. By accessing, downloading, or using the web site, you are accepting these terms and you represent and warrant that you have the right, authority, and capacity to enter into this agreement. You may not access or use the website or accept these terms if you are not at least 18 years old. If you do not agree with all the provisions of this agreement, do not access and/or use the website.
You agree that BOLO On Demand may provide notices, disclosures, and changes or updates to these Terms, and other information relating to the BOLO On Demand by electronic means, including posting these materials online at the BOLO On Demand website.
Our Content; Proprietary Rights
Through our website, we offer, sell, and digitally distribute videos, audio visual combinations, music, sounds, graphics, photos, and other content, as well as sell products related to that content. We are the owner or authorized licensee of all information, materials, functions and other content contained on our website, and you acknowledge that you are only receiving a limited right to access or use this content. No content from our website may be used, reproduced, transmitted, distributed or otherwise exploited in any way other than as part of our web site. We also own any information and data collected by us from you, including without limitation any data regarding your use and viewing of our website and its content. We may use such information and data for benchmarking and other service enhancements.
Third-Party Links
We are not responsible for the content or availability of outside websites or resources linked to or referenced on our website. We do not endorse and are not responsible or liable, directly or indirectly, for any claims that arise from your access or use of any content, advertising, products, or other materials on or available from such web sites.
Your Account
You must create an account to use a product or service offered on our website. To do so, you must provide an email address. By creating an account, you agree to receive notices from BOLO On Demand at this email address.
If you choose to purchase a product or service offered on our website, you will be asked to create an account and will be prompted to create your own unique username and password.
You must keep your account information secure. You are solely responsible and liable for all activities that occur under your password or account. You shall notify us immediately of any breach of security or unauthorized use of your password or account. You acknowledge, consent, and agree that we may preserve and disclose your account information if required to do so by law or in a good faith belief that such preservation or disclosure is reasonably necessary to comply with a legal process or to enforce these Terms of Service.
WAIVER AND ASSUMPTION OF RISK
Physical activity, by its very nature, carries with it certain inherent risks that cannot be eliminated, regardless of the care taken to avoid injuries. Some exercises involve strenuous exertions of strength using various muscle groups, some involve quick movements involving speed and change of direction, and others involve sustained physical activity that places stress on the cardiovascular system. The specific risks involved in exercising varies from one activity to another, but in each activity the risks range from 1) minor injuries such as scratches, bruises and sprains to 2) major injuries such as loss of sight, broken bones, joint or back injuries, concussions and heart attacks to 3) catastrophic injuries including paralysis and death. By accepting these terms, you acknowledge your agreement to assume all risks involved in utilizing BOLO On Demand.
In consideration therefore, you hereby release, waive, discharge and covenant not to sue Caleigh Rykiss in per personal capacity or BOLO On Demand, or its officers, employees, instructors, agents, and volunteers from any and all claims, or liabilities including but not limited to personal injury, accidents or illnesses (including death) resulting from all negligence whether active or passive including without limitation, as a result of the use of BOLO On Demand activities.
Indemnification and Hold Harmless: You also agree to indemnify and hold harmless BOLO On Demand, its employees, instructors, agents and volunteers from any and all claims, actions, suits, procedures, costs, expenses, damages and liabilities, including attorney’s fees, arising out of the use of all virtual videos, or on demand pre-recorded broadcasts presented by BOLO On Demand.
Eligibility; Age Restriction
Our web site may only be used by individuals who are 18 years and older and who can form legally binding contracts under applicable law. Individuals under the age of 18 must at all times use our web site only in conjunction with and under the supervision of a parent or legal guardian who is at least 18 years of age. In these cases, the supervising adult is responsible for any and all activities conducted on or through our website. You represent and warrant that you are at least 18 years old, or that you are using our web site under the supervision of an adult parent or legal guardian, and that all registration information you submit is accurate and truthful. We may, in our sole discretion, refuse to offer access to or use of our website to any person or entity and change our eligibility criteria at any time. This provision is void where prohibited by law and the right to access the web site is revoked in such jurisdictions.
Subscriptions
We offer one (1) and twelve (12) month Subscriptions. We may offer promotional offers and special discounts from time to time which will be subject to separate terms and conditions to be read in conjunction with these Terms and Conditions.
Renewal & Termination
ALL PURCHASES, INCLUDING RECURRING CHARGES, ARE FINAL AND NON-REFUNDABLE.
Free trials and discounts: BOLO On Demand may offer free-trial or discounted subscriptions. When a free-trial period ends, your paid Subscription begins (unless you have cancelled) and you must pay the full monthly or annual fee. If BOLO On Demand provides a discount for the first subscription period, you must pay the discounted fee; in any renewal, you must pay the full fee.
Automatic Renewal: To the extent permitted by applicable law, subscriptions automatically renew for the subscription period until you cancel. Your payment method will be charged at the beginning of each subscription period. If a purchaser offers a free-trial period, your payment method will be charged at the end of the free-trial period unless you cancel before the end of that period.
How to Decline Renewal: You may cancel your BOLO On Demand subscription at any time. You must cancel your subscription through your account using the following steps:
(1) Log in to your BOLO On Demand account;
(2) Click “My Account” at the top right corner;
(3) Click “Manage Subscriptions”; and
(4) Select “Cancel Subscription.”
*Cancellations take effect at the end of the current billing period.
In-App Purchase: BOLO On Demand may allow you to purchase Subscriptions within apps you download. When you make such “in-app” purchases, you will be billed by the app platform, not us. To turn off automatic renewal for subscriptions, access your platform’s account settings. Any billing inquiries should be directed to the app platform.
Payment Processing; Order Fulfillment
Our web site is hosted by Intelivideo, which also assists in the processing of our orders and Subscriptions. When you input your credit card information as payment for an order, Intelivideo directly and securely transmits that information to its third-party payment processor, who verifies the credit card and remits the payment to us. Neither we, nor Intelivideo, ever store your credit card image or number. Sales and use taxes, as applicable by law, will be based on your location and our location and, purchase prices are inclusive of taxes. You will be responsible for paying any applicable taxes relating to your payments and will indemnify and hold harmless BOLO On Demand and Intelivideo from your failure to pay any and all taxes, including sales tax, based on incorrect information provided by you. If you believe you are entitled to a refund of any taxes, you are solely responsible for such determination. ALL ORDERS ARE CHARGED IN USD.
Intelivideo also fulfills all orders for digitally distributed content by making that content available for viewing. It will inform you of the device and system requirements for accessing this content. You are responsible for completing the digital download, and for all risk of loss of the content after download. You acknowledge that the resolution and quality of the content received will depend on a number of factors, including the type of device on which it is streamed and available bandwidth. While we strive to provide a high-quality viewing experience, neither we, nor Intelivideo, make any guarantee as to the resolution or quality of the content. Upon receiving an order for any of our products, Intelivideo will notify us so that we may fulfill the order directly. You acknowledge and agree that you will be responsible to pay the then current service fee and all applicable fees which you acknowledge may change from time to time without actual notice provided to you.
Changes to BOLO ON DEMAND Terms
BOLO On Demand may change or update these Terms, or modify, suspend or terminate BOLO On Demand and its features, in whole or in part, at any time, without notice. BOLO On Demand may provide notices, disclosures, and changes or updates to these Terms, and other information relating to the BOLO On Demand, including modification, suspension and termination of the BOLO On Demand, by electronic means, including posting these materials online at the BOLO On Demand website. BOLO On Demand is subject to the Terms then in effect, and it is the responsibility of the participant to review the current Terms.
Medical Disclaimer
We are not a medical organization and we do not and cannot give or purport to give you any medical advice or assistance in whatever form. Nothing in the Website or anything associated with it should be taken or understood as medical advice or assistance nor should it be interpreted in substitution for any medical advice or assistance or used or referred to instead of seeking appropriate medical advice or assistance from qualified practitioners for your particular circumstances and needs. You are solely responsible for evaluating and assessing your own health and wellbeing and whether, in all the circumstances, you should access and use the Website and/or participate in BOLO On Demand and/or its products and services. We encourage you to seek appropriate medical advice or assistance before embarking on any use of the website, BOLO On Demand and/or its products or services. You agree that neither we, nor any of our affiliates, service providers and/or suppliers, warrant or make any representation about the contents, products, services or offers referred to in the website, and specifically do not make any representation about the risks, results, reasonableness, or accuracy or otherwise of such contents, products, services or offers and your use of the website, BOLO On Demand or its products and services, is at your sole risk.
Limitation of Liability
Subject to the rights granted to you by statutory consumer protection legislation, which cannot be excluded, in no event shall we be liable to you for any injury, or incidental, undue damages, whatsoever including damages for loss of income, data, or personal injury or consequential damages except to the extent such limitation or exclusion of liability is not permitted by law.
Acceptable Use
You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” that accesses our website in a manner that sends more request messages to our servers in a given period of time than a human can reasonably produce in the same period by using a conventional online web browser. You agree to comply with all applicable laws in your use of our website.
Unacceptable Use
You shall not: modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of the web site; remove any copyright, trademark or other proprietary rights notices contained in or displayed on any portion of the web site or any content; “frame” or “mirror” any portion of the web site, or link to any material other than via the homepage of the URL located at https://boloondemand.intelivideo.com or the URLs provided by us to you for such purposes, without our prior written authorization; use any robot, spider, site search/retrieval application or other manual or automatic device or process to retrieve, index, “data mine” or in any way reproduce or circumvent the navigational structure or presentation of the web site; or harvest or collect information about or from users of the web site without their express consent and, if such consent is provided, only pursuant to applicable law.
Warranties/Limitation of Liability
OUR CONTENT AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” WE HEREBY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, WITH RESPECT TO OUR WEB SITE OR, SERVICES, WITHOUT LIMITATION, ANY WARRANTIES OF INFRINGEMENT, TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT MAKE ANY WARRANTIES THAT THE WEBSITE WILL BE UNINTERRUPTED, SECURE OR ERROR FREE OR THAT YOUR USE OF THE WEB SITE WILL MEET YOUR EXPECTATIONS, OR THAT THE WEB SITE, CONTENT, OR ANY PORTION THEREOF, IS CORRECT, ACCURATE, OR RELIABLE. WE RESERVE THE RIGHT TO CHANGE ANY PART OF THE WEB SITE AT ANYTIME WITHOUT NOTICE. WE WILL NOT BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES, OR FOR ANY LOST PROFITS, LOSS OF DATA OR PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY (INCLUDING NEGLIGENCE OR STRICT LIABILITY), ARISING OUT OF THIS AGREEMENT OR YOUR USE OR INABILITY TO USE OUR WEB SITE OR SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR AGGREGATE LIABILITY ARISING OUT OF THIS AGREEMENT OR YOUR USE OF OUR WEB SITE OR SERVICES, WHETHER IN CONTRACT, TORT, OR OTHERWISE, EXCEED THE GREATER OF (A) THE AMOUNT OF FEES PAID BY YOU TO PURCHASE THE CONTENT OR PRODUCTS THAT GAVE RISE TO SUCH LIABILITY, AND (B) $100.
Termination
These Terms shall take effect on the date you first access or use our website and shall continue until terminated in accordance with these Terms. You agree that we may, in our sole discretion, suspend, block, or terminate your access to all or part of our web site and any content, with or without notice, for any reason. Any suspected illegal or fraudulent activity may be referred to appropriate law enforcement authorities.
Miscellaneous
These Terms and our Privacy Policy constitute the entire agreement between you and BOLO On Demand. You may not assign these Terms in whole or in part without our prior written consent, and any purported assignment in violation of this provision shall be null and void. We may assign or otherwise transfer these Terms and all rights granted hereunder in connection with any corporate reorganization, merger, or sale of all or substantially all of the assets and business to which these Terms relate. These Terms shall be binding upon and inure to the benefit of the parties hereto and their respective heirs and assigns. If any provision of these Terms is determined by a court of competent jurisdiction to be illegal, invalid or unenforceable, the remaining provisions shall remain in full force and effect. No waiver of any breach of any provision of these Terms shall constitute a waiver of any prior, concurrent or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.
Modifications
We reserve the right to make changes to these Terms at any time by updating this page with any such changes and indicating the effective date of those changes. You acknowledge and agree that it is your responsibility to review these Terms periodically to familiarize yourself with any modifications. By continuing to access and use our web site after those changes become effective, you consent and agree to be bound by the revised Terms.
Contact Us
If you have any support questions, please contact us at BOLOONDEMAND@BODYLOVEINC.COM
These Terms and Conditions are effective as of December 21, 2020.
BOLO ON DEMAND
Privacy Policy
Information We Collect
We collect certain information that you voluntarily provide when you create an account with us. This information may include personally identifiable information such as your name and email address as well as a password that you create. You may access and make changes to your stored account information at any time by logging into your account and clicking on the “My Account” link. When you purchase one of our products or services, we ask for additional personally identifiable information such as your credit card information and billing address solely for the purpose of processing your payment and fulfilling your order. We may use certain standard web measurement and tracking technologies, such as “cookies,” web server logs, or other statistics programs to collect information about you, your online behavior, and/or your computer or other device from which you access our website. This information may include your preferences and settings, IP address, browser type, web pages visited, date and time of those visits, content viewed, the website you arrived from, and other clickstream data. If you do not want this type of information to be collected, your computer or other device may allow you to block the use of these technologies. (Doing so affects the functionality of our site.) In addition, we may utilize web beacons (also known as “action tags” or “one pixel .gif files”), provided by our advertising serving partner, to measure the effectiveness of, and otherwise manage, our online advertising. These web beacons enable our advertising server to recognize you when you visit our web site and to determine which banner ads bring users to our website. We do not use spyware, adware or any other similarly intrusive software.
Use of This Information
The information we collect from you will be used to provide and improve the products and services offered through our website. We also use certain information that we collect for research regarding our customers’ online behavior. We may also use your information to contact you regarding new features, services, promotions, or user surveys or to respond to your comments or questions. If you wish to opt-out of future communications from us, you can follow the unsubscribe instructions contained in the message or contact our support department (see below).
Disclosure of This Information
We may share your personally identifiable information with our web host, Intelivideo, as well as with other third parties that provide us with services. Intelivideo may use your purchase information and billing address to calculate any applicable sales and use tax; however, Intelivideo is not responsible for payment of any applicable taxes and has no liability to you with respect to calculation of taxes or your purchase of our content. We require third parties to protect your information in a manner consistent with this Privacy Policy and to limit their use of your information to the provision of services to us. We do not sell or otherwise provide your personal information to any other third parties for the purpose of marketing their own products or services. We may share non-personally identifiable information or aggregated data about our users with Intelivideo or other third parties for research, analytical and marketing purposes, such as analyzing usage patterns for certain content, services, advertisements, promotions, and/or functionality on our web site and/or to our subsidiaries, affiliated companies, or other businesses or persons for the purpose of processing such information on our behalf. We reserve the right to share your information in order to cooperate with law enforcement proceedings or governmental investigations, such as in response to subpoenas, search warrants, court orders, or other legal processes. You also acknowledge and agree that Intelivideo may disclose your purchase and billing information in order to cooperate with tax authorities’ inquiries, law enforcement proceedings or governmental investigations, such as in response to subpoenas, search warrants, court orders, or other legal processes. We may transfer information about you if we are acquired by or merged with another company, after which this information may become subject to a different policy. If this were to occur, we would notify you via email or post a prominent notice on our website before transferring this information.
Sharing of Viewing Information
If you provide your consent, we may share with third parties information about what you watch and other activity, such as viewing history and ratings. In addition, we also may use and share your viewing activity to improve our service or the experience for other users in a way that does not personally identify you to such users. You can set your sharing preferences in your Account.
Security
We implement generally accepted industry standards to protect the personal information submitted to us, both during transmission and once we receive it. If you have any questions about the security of our website, please contact our Privacy Policy Coordinator (see below). We cannot guarantee that your personal information may not be accessed, disclosed, altered, or destroyed as a result of a breach of our commercially reasonable efforts or as a result of any other event beyond our reasonable control. Accordingly, we cannot and do not guarantee that your personal information is completely secure and safe from such risks. FOR THE AVOIDANCE OF DOUBT, WE EXPRESSLY DISCLAIM ANY REPRESENTATION OR WARRANTY, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO ENSURING, GUARANTEEING OR OTHERWISE OFFERING ANY DEFINITIVE PROMISE OF SECURITY IN CONNECTION WITH YOUR PERSONAL INFORMATION OR USAGE INFORMATION.
Third-Party Links
Our web site may include links to third-party web sites that have independent privacy policies. We have no responsibility for the actions or policies of those third parties or the content of their web sites, their products or their services. Transfer of Information If you are located outside Canada and choose to provide information to us, we may transfer your information to the Canadian government (or any other country where we operate), where the privacy laws may not be as protective as in your country or jurisdiction. By using our website, you consent to the collection, transfer, use, storage, and disclosure of your information as described in this Privacy Policy.
Children
Our website, resources, and tools are intended for users who are at least 13 years of age. We do not knowingly allow children under 13 years of age to register with, or to provide any personal information to, us.
If you have any questions or concerns about any aspect of this privacy policy, please feel free to contact our support team at ondemand@bodyloveinc.com.
Your Consent to this Policy; Changes to the Policy
By using our web site and services, you consent to this privacy policy. We reserve the right to make changes to this privacy policy at any time by updating this page and indicating the effective date of those changes. By continuing to use our web site and services after those changes become effective, you consent and agree to be bound by the revised Privacy Policy.
Miscellaneous
If any part of the privacy policy is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the privacy policy shall continue in force and effect. This policy is effective as of JAN 1, 2021.