Terms and Conditions
Terms and Conditions of Service for Boostcamp
Welcome to Boostcamp! Please carefully review these Terms and Conditions of Service (the "Terms" or “Agreement”) that govern your access and use of the BPM Health Co, Inc. d/b/a Boostcamp (“Boostcamp”, "we," "us," and "our") website located at https://boostcamp.app (the "Website"), the mobile application Boostcamp, and other Boostcamp provided services, products, websites, and applications that link to or display this Privacy Policy (collectively with the Website and Boostcamp mobile app, the "Boostcamp Platform"). BY USING, ACCESSING, OR DOWNLOADING THE BOOSTCAMP PLATFORM, YOU ("user," "you" or "your"): (a) ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO THESE TERMS (b) REPRESENT THAT YOU ARE 18 YEARS OF AGE OR OLDER; AND (C) ACCEPT THIS AGREEMENT AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT USE OR ACCESS THE BOOSTCAMP PLATFORM.
1. General Terms of Use and Restrictions on Use. Subject to these Terms, Boostcamp grants you a limited, revocable, nonexclusive, nontransferable personal right to access and make use of the Boostcamp Platform solely for the benefit of user and no other commercial purpose.
We may discontinue or alter any aspect of the Boostcamp Platform or remove content from the Boostcamp Platform at any time without prior notice. You agree that we may, under certain circumstances, immediately suspend or terminate your access to or use of the Boostcamp Platform or any part thereof. Such circumstances include, without limitation: (a) breaches or violations of these Terms or other incorporated agreements or guidelines; (b) discontinuance or material modification to the Boostcamp Platform; (c) unexpected technical or security issues or problems; (d) extended periods of inactivity; or (e) engagement by you in fraudulent, inappropriate or illegal activities. You further agree that such measures shall be taken in our sole discretion and without liability to you or any third party.
2. Account. While a user may browse the Website without creating an Account, a user will need to have an Account and agree to the terms of this agreement in order to use certain features of the Boostcamp Platform, including the Boostcamp mobile app. To create an account, you will be required to provide certain information, including some Personal Information, such as your name and email address, and create a password or use your Facebook or Google login credentials (an "Account"). Once you create your Account, you will have access to Boostcamp’s fitness content. By creating an Account, you agree that we may send and you agree to receive (a) messages or push notifications from us through the Boostcamp App and (b) informational or promotional emails to the email address used to create your Account. If you do not wish to receive push notifications, please change your settings on your mobile device. If you do not wish to receive emails, please select the unsubscribe option in the body of the email.
You are responsible for maintaining the confidentiality of your username and password associated with your Account and are fully responsible for all activities that occur under your Account. You are prohibited from sharing your Account with, or assigning your Account to, any other person without our prior written authorization. You also agree that you will provide truthful and accurate information that belongs to you during the sign up process. Should you become aware of or suspect any unauthorized use of your Account or your information changes, you must immediately notify us. You will ensure that you logout of your Account at the end of each session.
If you access the Boostcamp Platform using your mobile device or choose to connect with Boostcamp coaches using text messages or SMS outside of the Boostcamp Platform, you understand that your mobile network provider may charge you fees for your use of its network while accessing or using the Boostcamp Platform, for data downloading, or roaming, and that YOU ARE SOLELY RESPONSIBLE FOR SUCH FEES AND CHARGES.
3. Children. The Boostcamp Platform is not directed to persons under the age of 18 and is not aimed or intended for children under the age of 13. If you are under the age of 18, please DO NOT USE the Boostcamp Platform. By using the Boostcamp Platform, you represent and certify that you are 18 years of age or older.
4. Links and Third Party Content; Social Media. We or the Boostcamp Platform may provide links to other websites or resources on the internet maintained by third parties. You agree that we have no control over and are not responsible for the content or availability of such websites or resources, or for any privacy or other practices of the third parties operating those websites or resources. We encourage you to review any separate terms of use or privacy policy governing the use of third party websites and resources.
We may use the services of a third party service provider to process transactions, including payment transactions, as part of your use of the Boostcamp Platform. By using the Boostcamp Platform, you grant us all necessary rights and consents under the applicable laws, rules, and regulations to disclose to our third party service providers – or allow such third party service providers to collect, use, retain, and disclose – any personal information, as defined in our Privacy Policy, for purposes of providing the services hereunder to you, including data that we may collect directly from you using cookies or other similar means, as described in our Privacy Policy.
To be clear, we do not collect any data for third party ads or sell your data to any third parties. The purpose of the data we collect is to serve you the core functionality of Boostcamp.
6. Privacy Policy. Your privacy is important to us. Please carefully review our Privacy Policy located at https://www.boostcamp.app/privacy-policy for information about how Boostcamp may collect, use, store, or share information from you. The terms of the Privacy Policy are hereby expressly incorporated into these Terms.
7. Feedback. We welcome your Feedback. You will be prompted to submit comments, suggestions, ideas, feedback, ratings, materials, or other information ("Feedback") to us through the Boostcamp Platform. You hereby agree that all Feedback that you disclose or submit to us through the Boostcamp Platform is voluntary, non-confidential, and becomes and remains our property. Your disclosure or submission of Feedback to Boostcamp constitutes an assignment to Boostcamp of all rights, title, and interest in and to the Feedback. Boostcamp may disclose or use any Feedback as it sees fit without any compensation to you.
8. Prohibited Uses. You agree to use the Boostcamp Platform and related services only for lawful purposes and to follow all applicable laws and regulations of the United States and any state in which you reside when using the Boostcamp Platform or related services. While using the Boostcamp Platform, you agree that you must not:
License, sublicense, sell, resell, transfer, assign, distribute, or otherwise commercially exploit or make available to any third party any portion of the Boostcamp Platform or Content (as defined below);
Copy, modify, adapt, alter, translate, create derivative works, reverse engineer, decompile, disassemble, or otherwise attempt to learn the source code, structure, or ideas upon which the Boostcamp Platform is based;
Promote illegal activities, sexual, or "adult" conduct, child abuse, drugs, or anything objectionable (as determined by us) or otherwise violate any applicable law;
Use the Boostcamp Platform to post, use, upload, or disseminate content, files, graphics, software, or other material that infringes or misappropriates any trade secret or intellectual property rights, rights of publicity, rights of privacy, or proprietary right of any party;
Take any action to circumvent, compromise, or defeat any security measures implemented on any part of the Boostcamp Platform, including to gain access to any part of the Boostcamp Platform;
Use any manual or automated software, devices, or other processes to "crawl" or "spider" any web pages contained in the Boostcamp Platform (including, without limitation, the use of robots, bots, spiders, scrapers or any other means to extract pricing, product, service or other data from the Boostcamp Platform;
Frame or otherwise simulate the appearance or functions of the Boostcamp Platform or any portion thereof;
Use the Boostcamp Platform to gain competitive intelligence about us or develop a competing Boostcamp Platform or service;
Use the Boostcamp Platform to post, store, or disseminate any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, pyramid schemes, or other fraudulent schemes, or any other form of solicitation;
Harvest or otherwise collect information about other users; or
Authorize or assist a third party to do any of the foregoing.
12. Intellectual Property Rights. All content and materials on the Boostcamp Platform, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, software, or other material ("Content") is the property of Boostcamp or its third party licensors and is protected by United States and international intellectual property laws. All trademarks, trade dress, service marks, and trade names are proprietary to Boostcamp. The content and materials are intended for your personal non-commercial use. You may make one copy of the Content displayed on the Boostcamp Platform for your personal, noncommercial use only. No right, title, or interest in any Content is transferred to you as a result of any such copying. You may not reproduce, republish, upload, post, transmit, modify, create derivative works from, sell, or distribute in any way the Content.
13. Notice of Copyright Infringement. If you believe that the Boostcamp Platform contains any content or elements that infringe your copyrights, please provide Boostcamp’s Designated Copyright Agent with the following information in writing:
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and email address;
A statement that the complaining party has a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
For more information regarding the above, please reference the Digital Millennium Copyright Act, 17 U.S.C. § 512.
14. Territorial Use. You acknowledge that the Boostcamp Platform is controlled in and originates from the United States. We provide the Boostcamp Platform for use only by persons located in the United States. We make no claims that the Boostcamp Platform or any of its content is accessible or appropriate outside of the United States. Access to the Boostcamp Platform may not be legal by certain persons or in certain countries. If you choose to access the Boostcamp Platform from outside the United States, you do so on your own initiative, at your own risk, and you are responsible for compliance with applicable local laws.
15. Disclaimer. THE BOOSTCAMP PLATFORM IS PROVIDED "AS IS" AND ON AN "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE HEREBY EXPRESSLY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOUR USE OF THE PLATFORM IS AT YOUR SOLE RISK. WE DO NOT GUARANTEE ANY RESULTS. THE INFORMATION, ASSESSMENTS, OR OTHER CONTENT PROVIDED THROUGH THE BOOSTCAMP PLATFORM IS FOR INFORMATIONAL PURPOSES AND NOT A SUBSTITUTE FOR MEDICAL ADVICE, SERVICES, DIAGNOSIS, OR TREATMENT. YOU AGREE TO SEEK THE PROFESSIONAL MEDICAL ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTHCARE PROVIDER PRIOR TO STARTING ANY TREATMENT OR EXERCISE PROGRAM AND FOR ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL OR PHYSICAL CONDITION. WE MAKE NO REPRESENTATION OR WARRANTY (A) THAT THE PLATFORM WILL MEET YOUR REQUIREMENTS; (B) THAT THE PLATFORM WILL BE ERROR-FREE OR UNINTERRUPTED; (C) REGARDING THE SECURITY, RELIABILITY, ACCURACY, TIMELINESS, OR PERFORMANCE OF THE PLATFORM; (D) THAT ANY ERRORS OR DEFECTS WILL BE CORRECTED; OR (E) THAT ANY CONTENT, MATERIAL, INFORMATION, OR DATA OBTAINED BY YOU THROUGH THE BOOSTCAMP PLATFORM IS ACCURATE OR RELIABLE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE BOOSTCAMP PLATFORM OR US WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
BOOSTCAMP USES REASONABLE EFFORTS TO MAINTAIN THE BOOSTCAMP PLATFORM BUT BOOSTCAMP IS NOT RESPONSIBLE FOR ANY DEFECTS OR FAILURES ASSOCIATED WITH THE BOOSTCAMP PLATFORM, OR ANY PART THEREOF, ANY CONTENT POSTED USING THE BOOSTCAMP PLATFORM, OR ANY DAMAGES (SUCH AS LOST PROFITS OR OTHER CONSEQUENTIAL DAMAGES) THAT MAY RESULT FROM ANY SUCH DEFECTS OR FAILURES. THE BOOSTCAMP PLATFORM MAY BE INACCESSIBLE OR INOPERABLE FOR ANY REASON, INCLUDING WITHOUT LIMITATION: (I) EQUIPMENT MALFUNCTIONS; (II) PERIODIC MAINTENANCE PROCEDURES OR REPAIRS; OR (III) CAUSES BEYOND THE CONTROL OF BOOSTCAMP OR WHICH ARE NOT FORESEEABLE BY BOOSTCAMP.
BOOSTCAMP DOES NOT HAVE ACCESS TO OR VISIBILITY OF ANY COMMUNICATIONS THAT YOU ENGAGE IN WITH YOUR BOOSTCAMP COACH OUTSIDE OF THE BOOSTCAMP PLATFORM. IN ADDITION TO THE DISCLAIMERS AND LIMITATIONS SET FORTH HEREIN, YOU HEREBY ACKNOWLEDGE AND AGREE THAT BOOSTCAMP IS NOT RESPONSIBLE FOR ANY COMMUNICATIONS THAT INVOLVE YOU OUTSIDE OF THE BOOSTCAMP PLATFORM. YOU COMMUNICATIONS OR DEALINGS WITH ANY THIRD PARTY OR BOOSTCAMP COACH IS SOLELY BETWEEN YOU AND SUCH THIRD PARTY OR BOOSTCAMP COACH.
SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES, SO THE FOREGOING LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU IN THEIR ENTIRETIES.
16. Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU EXPRESSLY UNDERSTAND AND AGREE THAT BOOSTCAMP SHALL NOT BE LIABLE FOR ANY INJURY YOU MAY SUSTAIN OR ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF YOUR USE OF OR INABILITY TO USE THE BOOSTCAMP PLATFORM OR ANY FEATURES, INFORMATION OR MATERIALS PROVIDED ON THE BOOSTCAMP PLATFORM, OR COMMUNICATIONS RELATED TO THE BOOSTCAMP PLATFORM, EVEN IF BOOSTCAMP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL BOOSTCAMP’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, CLAIMS, 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 OR USING THE BOOSTCAMP PLATFORM.
17. Termination. These Terms are effective upon your acceptance and will continue in full force until terminated as set forth herein. You agree that Boostcamp may terminate your use of the Boostcamp Platform, or any part thereof, or remove, discard, or discontinue providing any Content or portion of the Website or Boostcamp App, without notice. You may terminate these Terms at any time by discontinuing your use of the Boostcamp Platform and destroying all materials, including any Content, that you obtained from the Boostcamp Platform and any related documentation. Your access to the Boostcamp Platform may be suspended or terminated immediately without notice from us, in our sole discretion, if you fail to comply with any term or provision of these Terms. Upon termination, you must cease use of the Boostcamp Platform and destroy all materials, including Content, obtained via the Boostcamp Platform and all copies thereof.
18. Release and Indemnification. You agree to release Boostcamp, its members, officers, directors, employees, and agents from any and all liability and obligations whatsoever in connection with or arising out of your use of the Boostcamp Platform. If, at any time, you are not satisfied with the Boostcamp Platform or any related services, your sole remedy is cessation of use of the Boostcamp Platform and such services.
You agree to defend, indemnify, and hold harmless Boostcamp, its officers, directors, employees, agents, shareholders, licensors, and suppliers from and against any and all claims, actions, demands, obligations, losses, liabilities, expenses, and costs, including reasonable attorneys’ fees, arising from (a) your access or use of the Boostcamp Platform; (b) breach of these Terms; (c) infringement or misappropriation of any intellectual property or other rights of Boostcamp or third parties by you; or (d) any negligence or willful misconduct by you.
19. Dispute Resolution. THIS SECTION AFFECTS YOUR RIGHTS – PLEASE READ CAREFULLY BEFORE AGREEING TO THIS AGREEMENT.
(a) Arbitration. Any dispute, claim, controversy, action, or proceeding arising out of or relating to this Agreement or the services (a "Dispute") will be determined by arbitration in the State of Delaware before a single arbitrator. The American Arbitration Association ("AAA") will administer the arbitration in accordance with the AAA rules. The claimant party filing a demand for arbitration with the administrator of AAA and serving the demand on the opposing party will initiate the arbitration. You and Boostcamp will select an arbitrator in accordance with the applicable AAA rules, within thirty (30) calendar days of the date the demand for arbitration is filed. Except as otherwise required by law, neither you, Boostcamp, nor the arbitrator may disclose the existence, contents, or results of any arbitration under this Agreement without the prior written consent of you and Boostcamp. Any award of the arbitrator will be accompanied by a statement of the reasons upon which the award is based.
(b) No Class Action. YOU AGREE THAT ANY CLAIM YOU MAY HAVE AGAINST US MAY ONLY BE BROUGHT INDIVIDUALLY AND YOU WILL NOT JOIN SUCH CLAIM WITH CLAIMS OF ANY OTHER PERSON OR ENTITY OR BRING, JOIN, OR PARTICIPATE IN A CLASS ACTION AGAINST US. BY ACCEPTING THESE TERMS, YOU AND BOOSTCAMP ARE EACH WAIVING THE RIGHT TO PARTICIPATE IN OR BRING A CLASS ACTION.
(c) Time to File. ANY DISPUTE THAT YOU MAY HAVE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE DISPUTE ACCRUES, OTHERWISE, SUCH DISPUTE IS PERMANENTLY BARRED.
(d) Conflict. If any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the code of procedure established by the AAA, the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein.
(d) Injunctive Relief. Notwithstanding anything herein to the contrary, Boostcamp reserves the right to seek injunctive relief if you use the Site in violation of the rights granted herein or infringe upon or misappropriate any intellectual property rights of Boostcamp.
20. Applicable Law. You agree that the laws of the State of Delaware, without giving effect to any principles of conflicts of law, govern these Terms and any dispute of any sort that may arise between you and us or any of our affiliates. Boostcamp and you acknowledge that these Terms evidence a transaction involving interstate commerce. Notwithstanding the foregoing paragraph with respect to applicable substantive law, any arbitration conducted pursuant to the Terms of use shall be governed by the Federal Arbitration Act ("FAA"), 9 U.S.C. §§ 1-16.
21. Export. Unless otherwise specified, the Content, Boostcamp Platform, and other materials are solely for the services or products available in the United States. Boostcamp makes no representations or warranties that the Boostcamp Platform, Content, or other material accessible via the Boostcamp Platform is appropriate or available in locations outside of the United States. If you access the Boostcamp Platform from outside of the United States, you are responsible for compliance with all applicable laws, including any export or re-export controls, restrictions, and regulations.
22. Miscellaneous.
(a) Entire Agreement. These Terms, including any other terms or agreements referenced herein, constitute the complete and entire agreement between you and us with respect to Boostcamp Platform and Content offered via the Boostcamp Platform, and unless otherwise expressly stated herein, supersede any and all prior or contemporaneous communications, representations, statements and understandings, whether oral or written, between the Parties concerning the Boostcamp Platform or Content.
(b) No Waiver. No waiver by either Party of any breach of these Terms shall be deemed to be, or construed as, a further or continuing waiver of any other such breach or a waiver of any other breach of these Terms.
(c) Modification. We reserve the right to modify these Terms or any additional terms that apply to the Boostcamp Platform, at any time, without notice. You should review these Terms regularly. Your continued access or use of the Boostcamp Platform after the Terms have been revised constitutes your express consent to the modified Terms.
Contact Us
Should you have any questions or issues related to our Privacy Policy or the Boostcamp Platform, please contact us at:
pat@boostcamp.app
BPM Health Co, Inc. d/b/a Boostcamp