IF THE TERMS OF THE AGREEMENT ARE NOT CLEAR TO YOU, OR YOU DO NOT CONSENT TO BE BOUND BY IT OR THE CONFIDENTIALITY POLICY, YOU HAVE TO LEAVE THE WEBSITE IMMEDIATELY AND STOP USING THE SERVICES.
If You use the Website, You allow the gathering and use of certain details about You, as stated in the Confidentiality Policy. Boddy advises users of the Website to regularly check Boddy's Confidentiality Policy for possible adjustments or alterations.
Boddy a Luxembourg corporation, assumed business name "Boddy", gives access to the background check services ("Services") on the Boddy website (in combination with all subdomains, collectively called the "Site").
In case you do not consent to be bound by the TOU or Confidentiality Policy, you have to leave this Site immediately. In case you continue using the Site this will be considered as agreement with the terms of this TOU and the Confidentiality Policy.
You can not not use this Site in case you are not of legal age to tie up a binding contract with Boddy. In case you have not turned 18 yet, you have to leave this Site immediately.
Boddy retains the right to adjust and alternate, in particular cases, this TOU and all written materials incorporated by reference. You will find the newest edition of this TOU at Boddy. If this TOU changes Boddy will set up a notice on its homepage. In case You use the Site after such changes this will be considered as acceptance of the changes that have occurred.
In case You want to remove your details from our site, You can e-mail a message to us at [email protected]
You give Boddy a license to operate with the materials you publish on the Site or Service. By publishing, uploading, presenting, performing, transmitting, or in any other way distributing information or any other type of content including your e-mail address and name (“User Content”) to this Site or Service, you are giving Boddy, its associates, officers, directors, workers, experts, agents, and representatives a permanent, royalty-free license to operate with User Content, which includes without limitation, a license to copy, administer, circulate, openly display, openly perform, modify, translate User Content, as well as change its format. You have no right for compensation for any User Content. You acknowledge that Boddy might publish or in any other way disclose your name with reference to your User Content. By publishing User Content on this Site or Service, you guarantee that you are the owner of the rights to the User Content or are in some other way authorized to publish, upload, present, perform, transmit, or in any other way distribute User Content and bear the license put forward in this provision.
Our Site and its entire content (jointly, the “Intellectual Property”), are under protection of copyright, trademark, and other Luxembourg system of laws, as well as global conventions and the rules and regulations of other countries. Boddy and its licensors own and control the Intellectual Property. Moreover, the Site itself is under protection of copyright as a group work, compilation, or both. Reproduction, duplication, copying, selling or any other way of commercial exploitation of any portion of this Site is forbidden, unless it is not directly permitted by Boddy. You may look through the Site. You have to keep untouched all copyright, trademark and other notices. You are not allowed to duplicate, or let others duplicate the copies of downloaded materials You have made, unless otherwise is provided in this TOU. You may not, as well, make these copies available electronically without our clear written permission. You are not allowed to save or archive a considerable part of the data found on the Site. You can not try to change or modify the materials posted on this Site. Except as expressly put forward in this TOU, you can not make copies, upload, display, distribute, post, enter into a database, perform, change, create derivative works, transmit, make publications, decompile, reverse engineer, disassemble and in any other way benefit from any of our Intellectual Property or this Site itself.
You are not allowed to use this Site for purposes that are illegal or forbidden by this TOU, or cause any kind of impairment on this Site or through it. You consent not to employ any automated systems, which includes agents, bots, scripts, or spiders, to enter, track, or copy any fragment of this Site, until those automated means were expressly approved by Boddyin advance in written form . You guarantee that your interactions with or through the Site will not breach any applicable regional, state, national, or global law.
You consent to pay Boddy for Data depicted on the Site at the moment of purchase. Our products and their prices may be changed from time to time and all new information about these changes will be published on the Site. Payment for access to this Site and Data and services should be made in advance. Boddy retains the right to break off this agreement for whatever reason. All prices are presented in US Dollars and do not comprise connection charges you might incur, such as internet service provider, telephone, etc.
Purchases or membership charges are not refunded by Boddy. All transactions are final.
You have the right to withdraw your membership plan at any moment. If You want to cancel online, select "Membership" from My Account. You can also get in touch with the Boddy Customer Support Team at (855) 200-0960 during standard business hours. Purchases or membership charges are not refunded by Boddy. All transactions are final.
When you withdraw a membership, it will stay active for the time left of the ongoing subscription period. When this period ends, thr membership will not be prolonged, so you will no longer have the advantages of membership.
This Site might comprise links to sites that are owned by third parties. In case you use some of those sites this is at your peril and is regulated by the terms of those sites. Boddy does not have any control over third party sites, and we are not responsible for their content and any changes to them. Boddy is not responsible for the information published on linked third-party sites or services offered by them. We make no representations referring to the accuracy of information on third-party sites. Declarations made on third-party sites linked to or from our Site do not represent views of Boddy, but only the beliefs of their authors. The fact that Boddy includes any third-party content or publishes links to a third-party site does not mean that we endorse that content.
Boddy CANNOT GUARANTEE THE CORRECTNESS OF DATA FOUND ON THIS SITE OR THROUGH OUR SERVICES. WHEN YOU USE THIS SITE, OUR SERVICES AND ANY INFORMATION COLLECTED THROUGH THEM THIS IS AT YOUR SOLE RISK. WE PROVIDE DATA ON AN “AS IS” OR “AS AVAILABLE” BASIS. Boddy CAN NOT GUARANTEE THAT THIS SITE AND OUR SERVICES WILL SATISFY YOUR NEEDS AND REQUIREMENTS, OR THAT THIS SITE AND OUR SERVICES WILL FUNCTION WITHOUT ERRORS, OR THAT NOTHING WILL INTERRUPT THEIR WORK, OR THAT ANY INADEQUACIES OR FLAWS IN THIS SITE WILL BE PUT RIGHT, OR THAT THIS SITE AND SERVICES WE PROVIDE ARE COMPATIBLE WITH THE PLATFORM YOU USE. Boddy IS NOT BOUND TO SUPPLY USERS WITH ANY UPDATES TO THIS SITE AND OUR SERVICES. WE DO NOT GUARANTEE OR MAKE ANY STATEMENTS IN RELATION TO THE INFORMATION ON THE SITE OR SERVICES REGARDING THEIR IMMEDIACY, CORRECTNESS, ACCURACY, TRUSTWORTHINESS, OR OTHERWISE.
WHILE Boddy UNDERTAKES REASONABLE ATTEMPTS TO GIVE OUR CLIENTS CORRECT AND PROMPT INFORMATION ON THIS SITE, YOU SHOULD NOT CONCLUDE THAT PROVIDED DATA IS ALWAYS MOST RECENT OR THAT YOU WILL FIND ON OUR SITE ALL THE RELEVANT INFORMATION YOU NEED. Boddy IS NOT OBLIGED TO VALIDATE SUCH INFORMATION OR MAINTAIN ITS CURRENCY.
Boddy CLEARLY DISCLAIMS ALL KINDS OF WARRANTIES, BOTH EXPRESS AND IMPLIED, THAT RELATE TO THIS SITE, OUR SERVICES, AND ANY INFORMATION GATHERED WHILE WORKING WITH THIS SITE OR OUR SERVICES, OR THE CORRECTNESS, PROMPTNESS, WHOLENESS, OR ADEQUACY OF THIS SITE, OUR SERVICES, AND ANY INFORMATION GATHERED WHILE WORKING WITH THIS SITE OR OUR SERVICES, WHICH INCLUDES THE IMPLIED WARRANTIES OF TITLE, COMMERCIALITY, SATISFACTORY QUALITY, FITNESS FOR A SPECIFIC FUNCTION, AS WELL AS NON-INFRINGEMENT.
Boddy IS NOT UNDER ANY OBLIGATION TO YOU FOR ANY DEMANDS OR LIABILITIES, WHICH INCLUDES WITHOUT LIMITATION, FOR ANY IMPAIRMENT OCCURRING OUT OF OR CONNECTED WITH THE USE OF THIS SITE OR OUR SERVICES BY YOU, AS WELL AS BY THIRD PARTIES, DIRECT OR INDIRECT, INCIDENTAL AND CONSEQUENTIAL. Boddy IS ALSO NOT RESPONSIBLE FOR ANY DAMAGE RESULTING FROM THIRD-PARTY SOFTWARE, ANY INFORMATION GATHERED WHILE WORKING WITH THIS SITE OR OUR SERVICES, YOUR OPERATING OR INABILITY TO OPERATE THIS SITE AND OUR SERVICES, INCLUDING CASES IN WHICH THESE DAMAGE CLAIMS ARE GEARED TO ANY THEORY OF LAW OR JUSTICE EVEN IN CASE YOU HAVE INSTRUCTED Boddy BEFOREHAND ABOUT THE POSSIBILITY OF SUCH IMPAIRMENT. THAT INCLUDES, WITHOUT LIMITATION, DAMAGES FOR REDUCTION OF COMMERCIAL PROFITS, INJURY TO AN INDIVIDUAL OR PROPERTY, OPERATIONAL DELAYS, LOSS OF BUSINESS, OR PERSONAL DETAILS. IF, IN SPITE OF THE LIMITATIONS OF LIABILITY PRESENTED ABOVE, Boddy IS FOUND RESPONSIBLE UNDER ANY THEORY, Boddy'S RESPONSIBILITY UNDER THIS AGREEMENT OR OTHERWISE IN REGARD TO THIS SITE AND OUR SERVICES AND YOUR EXCLUSIVE REIMBURSEMENT WILL NOT GO BEYOND THE FUNDS GIVEN FROM YOU TO Boddy FROM FOR YOUR USE OF THIS SITE.
THERE ARE JURISDICTIONS THAT DO NOT ALLOW THE ELIMINATION OF CERTAIN WARRANTIES OR THE RESTRICTION OR EXCLUSION OF RESPONSIBILITY FOR INCIDENTAL OR CONSEQUENTIAL IMPAIRMENT AS STATED ABOVE. THEREFOR, SOME OF DESCRIBED LIMITATIONS MAY NOT BE APPLICABLE TO YOU. IN SUCH SITUATION, THE TERMS BELOW CONCERNING SEVERABILITY BELOW WILL APPLY.
You must defend, restitute and release Boddy from liability for any claim or demand, which includes attorneys' fees and costs, that may be made by third parties concerning or resulting from your use of this Site, your breach of any terms of this TOU, your breach of relevant laws, as well as your breach of any rights of another individual or entity. You must immediately notify the indemnifying party of the existence of any claims in respect of which indemnification may emerge hereunder.
IT IS CLEAR FOR YOU AND YOU CONSENT THAT ALL CLAIMS, DISPUTES, OR DISAGREEMENTS BETWEEN YOU AND Boddy AND ITS PARENTS, ASSOCIATES, SUBSIDIARIES, OR AFFILIATED COMPANIES, SHALL BE SETTLED BY THE FINAL AND LEGALLY BINDING ARBITRATION PROCEDURES SET OUT BELOW. THIS INCLUDES BUT IS NOT LIMITED TO TRANSGRESSION OF THE LAW AND CLAIMS UNDER A CONTRACT, CLAIMS DETERMINED FROM ANY FEDERAL, STATE OR REGIONAL RULE, LAW, ORDER, DECREE, OR REGULATION, AS WELL AS THE QUESTION OF ARBITRABILITY.
THE PARTIES ACKNOWLEDGE THAT ANY SUCH CLAIMS SHALL BE INITIATED ONLY IN THE PARTY'S INDIVIDUAL CAPACITY. THE PARTY SHOULD NOT BE A PLAINTIFF OR CLASS MEMBER WITHIN A CLASS OR REPRESENTATIVE INQUIRY, OR PRIVATE ATTORNEY GENERAL ACTION. THE PARTIES ALSO AGREE THAT THE MEDIATOR MAY NOT AFFILIATE MORE THAN ONE INDIVIDUAL'S CLAIMS, AND MAY NOT IN OTHER RESPECTS PRESIDE AT A REPRESENTATIVE OR CLASS PROCEEDING OF ANY FORM. THE PARTIES WILLINGLY AND CONSCIOUSLY ABANDON ANY RIGHT THAT THEY HAVE TO A JURY TRIAL. ANY DISAGREEMENT WITH REGARD TO WHETHER A DISPUTE IS ARBITRABLE SHOULD BE RESOLVED BY THE MEDIATOR AND NOT BY THE COURT. AWARD UPON ANY VERDICT PRONOUNCED BY THE MEDIATOR MAY BE PASSED BY A COURT OF LUXEMBOURG THAT HAS JURISDICTION THEREOF.
THIS ARBITRATION AGREEMENT IS DEVISED ACCORDING TO A TRANSACTION IN INTERSTATE COMMERCE. ITS EXPLANATION, ALLOWED USES, LEGAL ENFORCEMENT, AS WELL AS PROCEEDINGS HEREUNDER SHOULD BE SUBJECT TO THE FEDERAL ARBITRATION ACT (“FAA”).
Any party that plans to raise a claim should first make a written notice to the adversary party of such contemplation.In such notice they shall describe, with plausible particularity, the essence and grounds of the claim, as well as its total amount. In less than thirty (30) days of arrival of the notice, the receiving party shall make a written letter of reply that will, with plausible particularity, present its position regarding the claim. In case the parties are not capable of resolving the disagreement commencing from the claim by faith negotiations carried out in less than thirty (30) days after the arriving of the written response letter, either of the parties can begin binding arbitration according to the terms and conditions described below.
In case a party prefers to proceed to binding arbitration, written notice of this must be given to the opposite party by registered or certified mail. Following arbitration will occur in Luxembourg, but may be carried out telephonically in case the overall amount of the lawsuit is not greater than $2,500 U.S. dollars (and if the claiming party prefers that option).
Separate and apart from the decision to arbitrate described above, both parties by so doing independently abandon any right to initiate or participate in any class proceedings in any way connected with, or resulting from, this agreement.
Complete Agreement. This TOU, the Confidentiality Policy, as well as the Subscription Agreement compose the complete understanding between Boddy and you regarding use of this Site and our Services, calling off all earlier arrangements between you and Boddy. In case there are any inconsistencies between the terms of this TOU and the terms of the Confidentiality Policy, the terms of this TOU should control, excluding cases when Confidentiality Policy inflicts accessary restrictions and responsibilities upon your actions. In case there are any inconsistencies between the terms of this TOU and the terms of the Subscription Agreement, the conditions of the Subscription Agreement will control, excluding cases when this TOU inflicts accessary restrictions and responsibilities upon your acts.
Luxembourg laws (not including conflicts of jurisdictions) will apply to all issues associated with this TOU, on which You and Boddy agree. In case for whatever reason, the Arbitration provision is considered inapplicable or legally invalid, the courts of Luxembourg will have sole competence for all controversions, actions, or proceedings resulting from or linked to this TOU. In any controversion between Boddy and you, including legal offence claims, the successfull party will be eligible for attorneys' fees and costs.
Irrespective of any applicable law to the contrary, all claims or causes of action resulting from or linked to this TOU must be raised in less than one year after that claim or cause of action appeared.
In case a regulation of this TOU is considered illegal, legally invalid or unenforceable, then: 1)alterations should be made to achieve as nearly as possible identical effect as the primary provision, and 2) this should not affect or impair the legality, legal validity and enforceability of other provisions of this TOU.
In case You have any questions concerning this TOU or wish to contact Boddy, You may send an email to [email protected]