BMC Terms, and Conditions of Use and Privacy Policy
Last Updated JAN 2025.
IMPORTANT – PLEASE READ AND UNDERSTAND THESE TERMS AND CONDITIONS OF USE AND PRIVACY POLICY (“TERMS”) THOROUGHLY BEFORE ACCESSING OR USING info@beastmodecode.com
THESE TERMS INCLUDE WARRANTY DISCLAIMERS AND LIABILITY LIMITATIONS (refer to Sections 2 and 3). THEY ARE A VITAL COMPONENT OF OUR AGREEMENT. PLEASE PRINT AND KEEP A COPY FOR YOUR RECORDS."
The use of info@beastmodecode.com (referred to as the “Website”), owned and operated by BMC (referred to as the “Company,” “we,” “our,” or “us”), is subject to the following policies, terms, and conditions. Please review them carefully. We provide the Website, including all the information, tools, and services offered, to you, the user, (“You” or “Your”), contingent upon your acceptance of these terms and conditions. By accessing or using the Website, you agree to these terms. If you disagree with these Terms in full, you are not permitted to use the Website."
Let me know if there is any specific aspect you'd like to adjust further!
THESE TERMS FORM A LEGALLY BINDING AGREEMENT (“AGREEMENT”) BETWEEN YOU AND THE COMPANY AND SHOULD BE READ CAREFULLY. THIS AGREEMENT GOVERNS YOUR ACCESS TO AND USE OF THE WEBSITE, THE SERVICES PROVIDED BY THE COMPANY, AND YOUR USE OR ATTEMPTED USE OF THE PRODUCTS OR SERVICES OFFERED BY THE COMPANY.
THIS AGREEMENT INCLUDES ARBITRATION AND CLASS ACTION WAIVER CLAUSES THAT FORFEIT YOUR RIGHT TO A COURT HEARING, RIGHT TO A JURY TRIAL, AND RIGHT TO JOIN A CLASS ACTION. ARBITRATION IS REQUIRED AND SERVES AS THE SOLE SOLUTION FOR ANY AND ALL DISPUTES, EXCEPT AS SPECIFIED BELOW IN SECTION 4
We may, at our sole discretion, modify, update, or replace any part of this Agreement by posting changes on our Website. It is your responsibility to periodically review our Website for any updates. By continuing to use or access our Website after such updates are posted, you accept the revised Agreement."
SECTION 1 – RESTRICTIONS ON WEBSITE USE AND CONDUCT
By accessing the Website, you confirm that you have reached the age of majority in your state or province of residence. Your use of the Website signifies that you have the legal capacity to enter into a binding contract with us, that you have read this Agreement, and that you understand and accept its terms.
Every element of our Website is safeguarded by U.S. and international copyright, trademark, and other intellectual property laws, covering all design components, textual content, logos, taglines, metatags, hashtags, images, personal narratives, icons, video and audio clips, personal training sessions, and downloadable items. You may not copy, reproduce, distribute, republish, upload, display, post, or transmit any material found on or provided through the Website in any manner. This Agreement does not grant you the rights to use, copy, register as a domain, reproduce, or display any of the Company's logos, taglines, trademarks, trade names, copyrighted materials, trade dress, trade secrets, or other proprietary or confidential information. Using such information for commercial purposes is strictly forbidden unless otherwise specified in these Terms.
Provided that you strictly adhere to all Terms, the Company grants you a revocable, limited, non-exclusive, royalty-free, non-sublicensable, and non-transferable license to use the Website. You acknowledge and agree that you do not obtain any ownership rights to materials protected under intellectual property laws.
You agree not to use, or try to use, the Website for any illegal purposes. Additionally, you agree not to engage in or attempt any illegal activities on or via the Website, including, but not limited to: (1) hacking or other digital or physical attacks; (2) posting vulgar, obscene, or defamatory content; or (3) committing any other unlawful acts.
SECTION 2 – WARRANTY DISCLAIMERS
EXCEPT WHERE OTHERWISE INAPPLICABLE OR PROHIBITED BY LAW:
You explicitly agree that using the Website and services, or being unable to use them, is at your own risk. The Website, along with the materials and services offered by the Company, is provided on an "as is" and "as available" basis, without any kind of warranty, whether express or implied, including but not limited to warranties of title, or implied warranties of merchantability or fitness for a specific purpose. We make no and specifically disclaim all representations and warranties regarding the reliability, timeliness, quality, suitability, availability, accuracy, and completeness of any information on this Website. We do not guarantee or assure that your use of the Website will be uninterrupted, timely, secure, or error-free. Furthermore, we do not warrant the accuracy or reliability of results obtained from using the Website. You agree that we may, from time to time and without notice, remove the Website for indefinite periods or cancel the Website or any product or service at any time.
SECTION 3 – LIABILITY LIMITATIONS
Unless otherwise restricted or prohibited by law, the Company, including our directors, officers, employees, affiliates, agents, contractors, suppliers, service providers, or licensors, shall not be liable for any injury, loss, claim, or any type of direct, indirect, incidental, punitive, special, or consequential damages. This includes, without limitation, lost profits, revenue, savings, data, replacement costs, or similar damages, whether arising from contract, tort (including negligence), statute, strict liability, or otherwise, related to your use or attempted use of any part of the Website, or any products or services provided by the Company. This also applies to other claims associated in any way with your use or attempted use of the Website or any product or service, including but not limited to errors or omissions in content, or any kind of loss or damage incurred, even if we have been advised of the potential for such damages.
If, despite the liability limitations mentioned above, the Company is deemed liable under any theory, the Company's liability and your sole remedy will be capped at the lesser of either (i) USD $1,000.00, or (ii) the amount you paid to the Company in the six months preceding the incident that led to your claim. This liability limitation applies to all claims, regardless of whether the Company knew of or was warned in advance about the possibility of such damages or claims. Note that some states do not permit the exclusion of certain warranties, so some of these limitations may not apply to you, and you might have additional rights
SECTION 4 – MANDATORY BINDING ARBITRATION FOR DISPUTE RESOLUTION AND WAIVER OF CLASS ACTION RIGHTS
PLEASE REVIEW THIS ARBITRATION CLAUSE CAREFULLY TO UNDERSTAND YOUR RIGHTS. EXCEPT WHERE PROHIBITED BY LAW, YOU AGREE THAT ANY FUTURE CLAIMS MUST BE SETTLED THROUGH FINAL AND BINDING CONFIDENTIAL ARBITRATION. YOU RECOGNIZE AND ACCEPT THAT YOU ARE GIVING UP YOUR RIGHT TO A JURY TRIAL. THE RIGHTS YOU WOULD HAVE IN COURT, SUCH AS DISCOVERY OR THE RIGHT TO APPEAL, MAY BE MORE LIMITED OR UNAVAILABLE. YOU AGREE TO BRING CLAIMS SOLELY IN YOUR INDIVIDUAL CAPACITY, NOT AS A LEAD OR ANY TYPE OF CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION. YOU ALSO AGREE THAT THE ARBITRATOR CANNOT COMBINE PROCEEDINGS OR CLAIMS OR OVERSEE ANY FORM OF CLASS OR REPRESENTATIVE ACTION
Except as mentioned below and for enforcing an arbitrator's decision under this agreement, all disputes, controversies, or claims arising from or related to this Agreement, our relationship, or your use or attempted use of the Website or any Company product or service, must be resolved through individual, confidential arbitration under the current rules of the American Arbitration Association. The following terms apply. You, the Company, or any involved third party may pursue a claim through arbitration. The Company agrees to settle any claim it has against you through final and binding confidential arbitration. Similarly, you agree to settle any claim you have against the Company the same way. By choosing arbitration, you give up the right to go to court, opting instead for final and binding confidential arbitration. This arbitration clause establishes the terms for our agreement to final and binding confidential arbitration and is governed by the Federal Arbitration Act (FAA), 9 U.S.C. §§ 1-16, as amended.
Commencing Arbitration
You and the Company agree to initiate any arbitration within one year of the claim arising, with any arbitration started after this one-year period being permanently barred.
Arbitration Location
If the disputed amount is $500 or less, the arbitration can be conducted via telephone or through written submissions. For larger amounts, the arbitration will take place in California, unless the Company agrees to a different location at your request.
Organization, Rules, and the Arbitrator
We agree that all claims, except those specified below, will be resolved through final and binding confidential arbitration with a single arbitrator from the American Arbitration Association (“AAA”). The arbitrator will be selected by mutual agreement, or if no agreement is reached, chosen according to the AAA Rules. The arbitration will follow the AAA’s Commercial Dispute Resolution Procedures and Supplementary Procedures for Consumer-Related Disputes, current at the time the arbitration demand is made. You can access the AAA’s rules at www.adr.org or by calling 1-800-778-7879. The arbitrator has the exclusive authority to resolve any issues related to the interpretation, validity, applicability, or enforceability of these Terms and this arbitration clause. The arbitrator also solely decides whether a dispute is subject to arbitration and whether this arbitration agreement is enforceable against, or can be enforced by, someone not signed into this agreement.
Fees
The payment of filing, administration, and arbitrator fees will be in accordance with the AAA’s Rules. At our discretion, we may reimburse the fees charged by the arbitrator for claims amounting to less than $500, unless deemed frivolous by the arbitrator. Similarly, we will not pursue attorney's fees and costs in arbitration unless the claims are considered frivolous. In all other cases, each party will bear their own additional fees, costs, and expenses, including those for attorneys, experts, documents, and witnesses.
Governing Law and Award
The arbitrator will apply the substantive law of the State of California, disregarding its conflict of laws principles. Any award given will come with a confidential written opinion and will be final, with potential for appeal under the FAA. The judgment from the arbitrator's award can be entered in any court with the appropriate authority.
Enforceability
This provision remains effective even if your account or relationship with the Company ends, or in cases of bankruptcy, assignment, or transfer. If the class action waiver is found unenforceable—meaning arbitration could proceed as a class or representative action—this entire arbitration provision will become null and void. However, if any part of this arbitration provision, aside from the class action waiver, is deemed unenforceable, the rest will continue to hold full effect
Miscellaneous
Not enforcing this arbitration provision promptly for a specific claim does not waive the right to enforce arbitration later or for other claims, keeping in mind that all claims must be filed within the one-year time frame mentioned earlier. This Section 4 constitutes the complete arbitration agreement between you and the Company and can only be changed in writing by the Company.
Exceptions
Despite the above, both you and the Company have the right to take any claims eligible for small claims court to that court on an individual basis, including issues like overdue accounts. The Company won't request arbitration for any individual claim you properly submit and pursue in small claims court, as long as it remains there. Certain claims must be resolved in the state or federal courts in California, and the parties waive any objection to those courts' jurisdiction or venue. These include: (i) disputes or claims about the infringement or validity of our or third-party intellectual property rights, like trademarks, copyrights, or patents, including claims for injunctive relief or damages; and (ii) the Company's actions for injunctive or other provisional relief against you for breaches or threatened breaches of this Agreement. You agree not to bring or join any claims, excluded from final arbitration by this subsection "h," in any representative or class capacity, such as class actions or class-wide arbitrations.
Amendments
The Company may modify this arbitration provision at any time. By continuing to use the Website or engaging with any of the Company's products or services, you confirm your agreement to these changes. If the changes are significant, the Company will notify you and offer an option to opt-out. If you do not opt-out of these substantial changes, it indicates your acceptance of them.
SECTION 5 – COMPENSATION FOR LOSSES
As far as the law allows, you agree to protect, indemnify, and hold the Company and its directors, officers, employees, shareholders, licensors, independent contractors, subcontractors, suppliers, affiliates, parent companies, subsidiaries, and agents harmless from any and all claims, actions, losses, liabilities, damages, expenses, demands, and costs, including legal fees and litigation expenses. This applies to matters arising from or related to (1) your use, misuse, or attempted use of the Website, software, products, or services, (2) information you provide or transmit through the Website, (3) your breach of these Terms, related documents, the Agreement, or your representations and warranties in this Agreement, or (4) your violation of any laws or third-party rights.
SECTION 6 – PROCEDURES FOR NOTICE AND TAKEDOWN; COPYRIGHT LAW
If you believe that any material or content on a Company website infringes on a copyright you own, you or your representative can send a notice to the Company requesting the removal of the material or content. Likewise, if you believe someone has incorrectly filed a copyright infringement notice against you, you may send the Company a counter-notice. Please send notices and counter-notices to Unstoppable 365, 478 Mills Way, Goleta, California 93117, or email info@beastmodecode.com
SECTION 7 – APPLICABLE LAW AND JURISDICTION
This Agreement and any related issues or disputes, including those related to the Company, shall be governed solely by the laws of the State of California, ignoring its conflict of laws principles. If an arbitrator or a competent court determines that any claim or dispute is not covered by the arbitration agreement in Section 4, such claims or disputes must be brought exclusively in the state or federal courts in California. You agree to the exclusive personal jurisdiction and exclusive venue of these courts, waiving any objections to their jurisdiction or venue. All claims must be pursued individually and not as part of a class or representative action, and you waive any rights to bring them on a class or representative basis.
SECTION 8 – SEVERABILITY
If an arbitrator or a competent court finds any part of this Agreement to be invalid or unenforceable, the rest of the Agreement will remain unaffected and continue in full force. The invalid or unenforceable provision may be modified or removed as needed to ensure it is enforceable and in harmony with the rest of the Agreement.
SECTION 9 – PRIVACY POLICY
This Privacy Notice applies solely to the Website and not to any other sites you might access from it. Such sites may have data collection, storage, and usage practices and policies that differ significantly from this Privacy Notice. When you navigate to another site via a link, you become subject to that site’s Privacy Policy, Terms of Use, and other applicable policies, and you should review those third-party policies.
We are committed to respecting your privacy and protecting your private, personal information. The Company may gather both personally identifiable and non-personally identifiable information whenever you access or use a Company Website. We use your personally identifiable information to respond to your inquiries, deliver services you’ve requested, inform you about services that might interest you, and tailor your experience with the Company. Third parties with whom we share your personally identifiable information may send you information about their products or services. The Company does not sell or rent your personally identifiable information to others.
If you prefer that we do not share your personally identifiable information with third parties, please contact us at info@beastmodecode.com
Should our company or some of our assets be acquired by another entity, including through a bankruptcy sale, that entity will have access to the information we have collected and will take on the rights and responsibilities concerning your Personal Information as outlined in this Privacy Notice.
We may reveal personally identifiable information to comply with legal requirements, enforce our Terms and other agreements, or protect our rights, property, the safety of our users, or others. Since non-personally identifiable information does not specifically identify you, the Company retains the right to use and share such information with third parties for any purpose.
We implement reasonable physical, administrative, and technical measures to safeguard personally identifiable information from loss, misuse, unauthorized access, disclosure, alteration, or destruction. However, no system is completely secure, and we cannot guarantee the absolute security of your information at all times.
The Company may gather information about your web activities through cookies, web beacons, or clear Gifs. This can include the address of the page you are visiting, the referrer page's address, the time you view the page, your browsing environment, and display settings. Cookies and web beacons are small text files stored on your computer when you visit certain web pages. Clear Gifs, similar to cookies, are small graphics with unique identifiers used to track visitor movements on the Website.
EMAIL MARKETING: By providing your email address through the Website, you explicitly agree to receive emails from the Company, including those from the Company’s affiliates and third parties regarding offers and advertisements unrelated to the Company. To stop receiving emails from us, our affiliates, or third parties, click the “Unsubscribe” link found in each email. Please allow up to 10 business days for your request to be processed. Even if you opt out of our marketing emails, you may still receive transactional emails about your order(s) (e.g., order confirmation, shipping details). For inquiries about this policy, please reach out to us at info@beastmodecode.com
PRIVACY RIGHTS: As outlined in these Terms, we may occasionally share your personal information with third parties for their marketing purposes. Under California law, United States residents can request information about our disclosure of personal information to third parties for direct marketing purposes. If you are a United States resident and wish to make such a request, please do so by writing to info@beastmodecode.com. If you prefer we do not share your personal information with third parties, you can opt out by emailing us at info@beastmodecode.com. United States residents, according to the California Civil Code Protection of Personal Information, have the right to file grievances and complaints with the State of California as described in the relevant code.
SECTION 10 – COMPLETE AGREEMENT
These Terms, along with the Agreement and any policies or operational guidelines we post on the Website, form the complete understanding and agreement between you and the Company. They govern your access and use of the Website as well as your use or attempted use of any service or product, replacing any previous agreements, representations, communications, or proposals, whether oral or written, between you and the Company. Any ambiguities in interpreting these Terms or the Agreement shall not be interpreted against the party who drafted them.
SECTION 11 – GETTING IN TOUCH WITH US
We welcome our customers to reach out with any questions or feedback about our services. You can contact us by emailing info@beastmodecode.com or calling 805-947-6370.
For any questions or concerns regarding these Terms, you can email the Company at info@beastmodecode.com
Copyright 2025 – BMC - All Rights Reserved"
