Last Updated April 2, 2021
These Terms of Service (these “Terms”) apply to the services (the “Services”) provided by Bonfire Digital Wellness Inc. (“BDW,” “us,” “our,” or “we”) via www.bonfiredw.org (the “Site”).
BY REGISTERING TO USE OR ACCESS THE SERVICES AND CHECKING THE BOX TO AGREE TO THESE TERMS OF SERVICE OR OTHERWISE USING OR ACCESSING THE SITE AND/OR SERVICES, YOU ACKNOWLEDGE AND AGREE THAT: (A) YOU HAVE READ THESE TERMS; (B) YOU UNDERSTAND ALL OF THE TERMS AND CONDITIONS OF THESE TERMS; AND (C) YOU AGREE TO BE LEGALLY BOUND BY ALL OF THE TERMS AND CONDITIONS SET FORTH IN THESE TERMS.
BDW reserves the right to change or modify any of the terms and conditions contained in these Terms (or any policy or guideline of BDW) at any time and in its sole discretion. If BDW makes changes to these Terms, we will provide notice of such changes, such as by sending you a notification, by providing notice through the Services, and/or by updating the “Last Updated” date at the top of these Terms and posting the revised Terms to our Services. Your continued use of any of the Services will constitute your acceptance of such changes or modifications. Therefore, you should review these Terms whenever you access the Services to make sure that you understand the terms and conditions that will apply to your use of the Services.
For purposes of these Terms, “BDW” refers to BDW and BDW’s investors, directors, officers, employees, agents, representatives, and assigns.
You represent and warrant that you (a) are at least 18 years of age, and (b) have not been previously suspended or removed from using the Services.
To access certain areas and features within the Services, you must create a membership account. You must be a Member of BDW, to use the Services. A Member is defined as an individual who, at the time of using the Content, possesses a membership to BDW. If you are a parent or legal guardian of a Member who is under the age of 18, you are subject to the terms of this Agreement and responsible for your child’s use of the Content. You agree to (a) provide accurate, truthful, current and complete information when creating an account; (b) maintain and promptly update your account information; (c) maintain the security of your account by not sharing your password with others and restricting access to your account and your computer; (d) promptly notify BDW if you discover or otherwise suspect any security breaches related to the Site; and (e) take responsibility for all activities that occur under your account and accept all risks of unauthorized access.
BDW is a digital wellness coaching platform. We deliver to users (“users”, “you”, “your,” “your child,” “your student,” “student”) tools via the BDW applications, the BDW website, and through any other platform or media through which we may make such services available (the “Services”).
The Services consist of an online platform through which BDW offers 1-on-1 online coaching, online group classes and online resources and content related but not limited to developing positive, productive habits, an improved sense of overall wellbeing, and healthy relationships with digital technologies and beyond. Services are led by BDW’s Digital Wellness Coaches (“Coaches” or “Coach”).
Access to Services. On the condition that you comply with these Terms, BDW hereby grants you a non-exclusive, non-transferable, revocable license to access the Services (including any BDW Material therein) solely to enable you to use the Services in the manner permitted by these Terms. If BDW, in its sole discretion, elects to provide any upgrade that replaces or supplements the original Services, this license will govern any such upgrade unless such upgrade is accompanied by a separate license, in which case the terms of that license will govern.
Modification of the Services. BDW may review, improve, change, or discontinue (temporarily or permanently) the Services or any features, information, materials, or content on the Services at any time, with or without notice to you. If you no longer wish to use the Services following any such modifications, you may terminate these Terms.
Third-Party Services. The Services require the use of certain third-party products and services (“Third Party Services”) identified on the Site. Use of any Third Party Services is at your sole risk and will be governed by separate terms and conditions, separate privacy policies relating to the usage of data you may share through the Third Party Services in the course of using the Services, other applicable policies, and may include separate fees and charges. BDW may display content from third parties through the Services or may provide information about or links to Third Party Services. Your interactions with any such third parties, and any terms, conditions, warranties, or representations associated with such interactions, are solely between you and the applicable third parties. BDW is not responsible or liable for any loss or damage of any sort incurred as the result of any such interactions or as the result of the presence of such third-party information made available through the Services. If you are not able to access or use the Third Party Services for any reason, you will not be able to use the Services, and your sole remedy will be to terminate these Terms.
Term of Agreement: This Agreement commences on the Effective Date and continues until terminated by written notice pursuant to Termination Policy (below).
BDW may suspend your license to access or use the Services or terminate these Terms at any time, with or without cause, immediately upon notice to you. You may terminate these Terms by canceling your account through the Services. BDW reserves the right but does not undertake any duty, to take appropriate legal action including the pursuit of civil, criminal, or injunctive redress against you for continuing to use the Services during suspension or after termination, including by creation of a different account. BDW may recover its reasonable attorneys’ fees and court costs from you for such actions. These Terms will remain enforceable against you while your license to access or use the Services is suspended.
BDW provides a monthly subscription for access to its Services (each month period, a “Subscription Period”) at the prices set forth on the Services, paid in advance of the beginning of each applicable Subscription Period. If the applicable fees are not paid prior to the beginning of the Subscription Period, your access to the Services will be suspended until you pay the applicable fees. BDW, at its sole discretion, may modify its pricing during any Subscription Period and such pricing changes will be effective as of the directly subsequent Subscription Period. All payments must be made: (a) in U.S. Dollars and (b) by credit/debit card via an authorized BDW payment processor. You hereby: (i) authorize BDW (or its authorized payment processor) to charge the credit/debit card number provided to BDW; and (ii) represent and warrant that you are authorized to use and have fees charged to the credit/debit card number provided to BDW. You may withdraw such authorization by cancelling the Services by emailing your Family Advocate Coach or BDW customer support at support@bonfiredw.org.
Overdue Invoices: If your card on file was rejected or removed and payment is overdue for more than 3 days, your account will be suspended and a late payment fee of $25 will be added to your outstanding balance. After an invoice is overdue for 10 days your account will be terminated, and a termination fee of $50 will be added to your outstanding balance.
Refund and Termination Policy: BDW’s mission is to help our clients develop healthy habits, which does require a commitment from both BDW and its clients, but if you feel that it is not a fit for you or your child, BDW provides the following refund policy:
Coaching Session Cancellation:
Chargebacks and Payment Security: You agree to pay all fees to the Company according to the payment plan set forth on Company’s website, or otherwise provided to You, and the payment plan selected by You (the “Fee”).
When You provide Company with credit card(s) information for payment on Your account, You authorize Company to charge Your credit card(s) for any unpaid charges on the dates agreed. If You use a multiple-payment plan to make payments to Company, You authorize Company to proceed with all charges at the time they are due and confirm You do not require separate authorization in order to do so. You shall not make any chargebacks to Company’s account, cancel or change the credit card that is provided as security without Company’s prior written consent. Company does not tolerate or accept any type of chargeback threat or actual chargeback from your credit card company. In case of a chargeback, BDW reserves the right to report the incident to all credit reporting agencies or to any other entity for inclusion in any chargeback database or for listing as a delinquent account which could have a negative impact on your credit report score. Chargeback abusers wishing to be removed from the database shall make the payment for the amount of the chargeback.
Please see BDW’s Privacy Policy for information about how BDW collects, uses and discloses information about users of the Services.
Member Account, Password and Security: You are responsible for maintaining the confidentiality of your password and account, if any, and are fully responsible for any and all activities that occur under your password or account. You agree to (a) immediately notify BDW of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session when accessing the Service. BDW will not be liable for any loss or damage arising from your failure to comply with this Section.
General Practices Regarding Use and Storage: You acknowledge that BDW may establish general practices and limits concerning the use of the Service, including without limitation the maximum period of time that data or other content will be retained by the Service and the maximum storage space that will be allotted on BDW’s servers on your behalf. You agree that BDW has no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by the Service. You acknowledge that BDW reserves the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that BDW reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
1-on-1 Coaching Recordings: Coaching sessions take place through BDW video chat platform are automatically recorded by BDW (“Coaching Session Recordings”). We value our Users' and Coaches' privacy, and our use of Coaching Session Recordings is extremely limited. Specifically, Coaching Session Recordings are made available only to the student, and BDW staff, in order to allow them to (1) review the Coaching Session Recording, for their personal educational purposes; and (2) review the Class Recording personally in order to improve their Sessions. In addition, BDW may use Coaching Session Recordings to provide feedback to Coaches, to improve our Services, for customer support, and for compliance purposes. BDW retains Coaching Session Recordings for six months after the date of the applicable Session, subject to our Privacy Policy, after which they are deleted. Notwithstanding the foregoing, BDW will also delete Coaching Session Recordings earlier than six months under the following circumstances: (a) upon the request of a Parent for the deletion of their child’s personally identifiable information, or (b) upon the reasonable determination of BDW that a Coaching Session Recording should be removed to protect the privacy of certain Users or because of violations of these Terms of Service. We will not use Coaching Recordings containing images of you (or your children) for promotional or any other purposes without your express written consent. By using the services, you consent to you and/or your child appearing in Coaching Session Recordings for the limited purposes set forth above.
Group Class Recordings: Classes that take place through BDW’s video chat platform are automatically recorded by BDW (“Class Recordings”). We value our Users' and Coaches' privacy, and our use of Class Recordings is limited. Specifically, Class Recordings are made available only to BDW members, and the Coach providing the Class in question, in order to allow them to (1) provide a viewable copy to BDW members who missed the Class, or who wish to review the Class, for their personal educational purposes; and (2) review the Class Recording personally in order to improve their Classes. In addition, BDW may use Class Recordings to provide feedback to Coaches, to improve our Services, for customer support, and for compliance purposes. BDW retains Class Recordings for six months after the date of the applicable Class, subject to our Privacy Policy, after which they are deleted. Notwithstanding the foregoing, BDW will also delete Class Recordings earlier than six months under the following circumstances: (a) upon the request of a Parent for the deletion of their child’s personally identifiable information, or (b) upon the reasonable determination of BDW that a Class Recording should be removed to protect the privacy of certain Users or because of violations of these Terms of Service. We will not use Class Recordings containing images of you (or your children) for promotional or any other purposes without your express written consent. By using the services, you consent to you and/or your child appearing in Class Recordings for the limited purposes set forth above.
You are solely responsible for your conduct (and the conduct of anyone who uses the Services on your behalf) with respect to the Services, which you use at your own risk. Except as expressly permitted in writing by BDW, you will not do, and will not permit any third party to do, any of the following:
If you violate (or are alleged to have violated) any of the foregoing restrictions, your license to use of the Services will immediately and automatically terminate, and you may have infringed the rights of BDW, which may subject you to prosecution and damages.
When using certain aspects of the Services or using certain Services, you will be subject to any additional terms applicable to such services that may be posted on the Service from time to time, including, without limitation, our Privacy Policy, and Community Standards. All such terms are hereby incorporated by reference into these Terms.
In using the Services, including in any video chat or one-on-one interaction with other users or our Coaches, regardless of whether you believe you have been prompted by the Services, Coaches, or other users to do any of the following, you may not upload, use, create, transmit, store, display, distribute, share or otherwise make available any content, descriptions, or information that:
BDW reserves the right but is not obligated to investigate any violation of this Section 7 or misuse of the Services or the Site. Enforcement of this Section 7 is solely at BDW’s discretion, and failure to enforce this Policy in some instances does not constitute a waiver of BDW’s right to enforce this Section 7 in other instances. In addition, these rules do not create any private right of action on the part of any third party or any reasonable expectation that the Services or the Site will be free from conduct or content that violates this Section 7. BDW may, in its sole discretion, remove or disable access to any content for any reason or for no reason, including if BDW believes that such content violates these Terms or any other agreement we have with you for use of the Services or the Site.
BDW reserves all rights not expressly granted in these Terms. Except for the license expressly stated in these Terms, you are not granted any rights in or to the Services by implication, estoppel, or other legal theory, and all rights in and to the Services not expressly granted in these Terms are hereby reserved and retained by BDW. BDW reserves all right, title, and interest to and in all information, materials, and content (including text, graphics, data, formatting, graphs, designs, HTML, look and feel, photographs, music, sounds, images, software, videos, designs, typefaces, source and object code, format, queries, algorithms, and other content) (collectively “BDW Material”). BDW Material includes any information, videos, or images delivered by BDW via a Third Party Service in the course of providing the Services. BDW Material is confidential, and you may not disclose BDWMaterial that you have received in the course of the Services or otherwise. BDW Material is protected in all forms, media, and technologies now known or later developed.
BDW’s name, BDW’s trademarks, BDW’s logos, and any other BDW product, service name, or slogan included in the Services are property of BDW and may not be copied, imitated, or used (in whole or in part) without BDW’s prior written consent. The look and feel of the Services, including all custom graphics, button icons, and scripts constitute service marks, trademarks, or trade dress of BDW and may not be copied, imitated, or used (in whole or in part) without BDW’s prior written consent. All other trademarks, registered trademarks, product names, and company names or logos mentioned in the Services (“Third-Party Trademarks”) are the property of their respective owners, and the use of such Third Party Trademarks inures to the benefit of each owner. The use of such Third-Party Trademarks is intended to denote interoperability and does not constitute an affiliation by BDW and its licensors with such company or an endorsement or approval by such company of BDW or its licensors or their respective products or services.
BDW will own exclusive rights, including all intellectual property rights, to any feedback, suggestions, ideas, or other information or materials that you provide regarding BDW or the Services, whether by email, posting through the Services, or otherwise (“Feedback”). Any Feedback you submit is non-confidential and will become the sole property of BDW. BDW will be entitled to the unrestricted use and dissemination of such Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you. You waive any rights you may have to the Feedback (including any copyrights or moral rights). Do not send Feedback to BDW if you expect to be paid or want to continue to own or claim rights in your Feedback. BDW also has the right to disclose your identity to any third party who is claiming that any content posted by you constitutes a violation of their intellectual property rights, or of their right to privacy. Further, you agree not to submit any Feedback that is defamatory, illegal, offensive, or otherwise violates any right of any third party, or breaches any agreement between you and any third party.
You are granted a limited, non-exclusive right to create a text hyperlink to the services, provided such link does not portray us or the Services in a false, misleading, derogatory, or otherwise defamatory manner and provided further that the linking site does not contain any adult or illegal material or any offensive material, harassing or otherwise objectionable. This limited right may be revoked at any time. You may not use any company marks or other proprietary graphic of the company to link to the services without our express written permission. Further, you may not use, frame, or utilize framing techniques to enclose any Company trademark, logo or other proprietary information, including the BDW Materials, the content of any text, or the layout/design of any page or form on the services without our express written consent. Except as noted above, you have not conveyed any right or license by implication, estoppel, or otherwise in or under any patent, trademark, copyright, or other proprietary rights of BDW or any third party.
YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. BDW DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS (EXPRESS OR IMPLIED, ORAL OR WRITTEN) WITH RESPECT TO THESE TERMS, THE SERVICES, THE BDW MATERIAL, AND THIRD-PARTY TRADEMARKS, WHETHER ALLEGED TO ARISE BY OPERATION OF LAW, BECAUSE OF CUSTOM OR USAGE IN THE TRADE, BY COURSE OF DEALING OR OTHERWISE, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PURPOSE, NON-INFRINGEMENT, AND CONDITION OF TITLE.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, BDW DOES NOT WARRANT, AND DISCLAIMS ALL LIABILITY FOR (A) THE COMPLETENESS, ACCURACY, AVAILABILITY, TIMELINESS, SECURITY OR RELIABILITY OF THE SERVICE OR ANY BDW MATERIAL; (B) ANY HARM TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR OTHER HARM THAT RESULTS FROM YOUR ACCESS TO OR USE OF THE SERVICE OR ANY BDW MATERIAL; (C) THE DELETION OF, OR THE FAILURE TO STORE OR TO TRANSMIT, ANY COMMUNICATIONS MAINTAINED BY THE SERVICE; (D) WHETHER THE SERVICE WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS; AND (E) THE CONTENT AND NATURE OF ANY INFORMATION OR ADVICE YOU RECEIVE FROM COACHES VIA THE SERVICES. YOU ACKNOWLEDGE THAT YOU ARE RESPONSIBLE FOR YOUR USE OF ANY INFORMATION OR ADVICE RECEIVED IN THE COURSE OF USING THE SERVICES FROM BDW AND/OR ITS COACHES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM BDW OR THROUGH THE SERVICE, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE IN THESE TERMS.
THE CONTENT AND/OR INFORMATION PROVIDED VIA THE SERVICES AND OUR COACHES DO NOT CONTAIN OR CONSTITUTE AND SHOULD NOT BE INTERPRETED AS THERAPY OR AS MEDICAL ADVICE, MEDICAL OPINIONS OR MEDICAL SERVICES, AND THERE IS NO DOCTOR-PATIENT RELATIONSHIP OR THERAPIST-PATIENT RELATIONSHIP BETWEEN BDW AND YOU OR OUR COACHES AND YOU. NEITHER BDW NOR OUR COACHES PROVIDE MEDICAL SERVICES OR RENDER MEDICAL ADVICE TO YOU. THE SERVICES ARE NOT A SUBSTITUTE FOR THE ADVICE OF A MEDICAL PROFESSIONAL OR THERAPIST, AND THE INFORMATION MADE AVAILABLE ON OR THROUGH THE SERVICES OR FROM OUR COACHES SHOULD NOT BE RELIED UPON WHEN MAKING MEDICAL DECISIONS OR TO DIAGNOSE OR TREAT A MEDICAL OR HEALTH CONDITION. BDW AND ITS COACHES DO NOT DIAGNOSE OR IDENTIFY ILLNESSES OR CONDITIONS, AND NO STATEMENT FROM BDW OR ITS COACHES SHOULD BE CONSTRUED AS A DIAGNOSIS OR AS CONFIRMATION THAT YOU DO NOT HAVE ANY PARTICULAR MEDICAL CONDITION. IF YOU REQUIRE MEDICAL ADVICE, MEDICAL SERVICES, OR THERAPY, YOU SHOULD CONSULT A MEDICAL PROFESSIONAL DIRECTLY AND NOT THROUGH BDW.
At your sole expense, you will defend, indemnify and hold BDW and its coaches harmless from and against any and all actual or threatened suits, actions, proceedings (at law or in equity), claims, damages, payments, deficiencies, fines, judgments, settlements, liabilities, losses, costs, and expenses (including, but not limited to, reasonable attorney fees, costs, penalties, interest and disbursements) caused by, arising out of or resulting from (a) your use of the Services or the use of the Services by a third party accessing your account, including any infringement of rights of third parties, or (b) your breach of these Terms.
IN NO EVENT WILL BDW OR ITS COACHES BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL, INDIRECT, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES WHATSOEVER, ARISING OUT OF OR RELATED TO THESE TERMS OR THE BDW IP, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED, OR EMOTIONAL DISTRESS), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY), EVEN IF BDW HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the limitations of this section may not apply to you. FURTHER, IN NO EVENT WILL BDW OR ITS COACHES’ TOTAL LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS EXCEED THE GREATER OF US$100 OR THE AMOUNT YOU PAID TO BDW DURING THE SUBSCRIPTION PERIOD WITHIN WHICH THE DAMAGES AROSE.
PLEASE READ THE FOLLOWING PROVISIONS CAREFULLY BECAUSE THEY REQUIRE YOU AND BDW TO ARBITRATE DISPUTES AND LIMITS THE MANNER IN WHICH BOTH PARTIES CAN SEEK RELIEF.
You and BDW will arbitrate any dispute, claim, or controversy arising from or related to these Terms or the Services, except that you nor BDW is required to arbitrate any dispute in which either party seeks equitable and/or other relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade names, or patents. ARBITRATION PREVENTS YOU AND BDW FROM SUING IN COURT OR FROM HAVING A JURY TRIAL. Arbitration will be conducted confidentially in Cleveland, Ohio, by a single arbitrator in accordance with the rules of JAMS (or its successor). Except as expressly provided in these Terms, the arbitrator has the authority to grant any remedy that would otherwise be available in court. The arbitrator will render a written opinion including findings of fact and law, and the award and determination of the arbitrator will bind the parties and will not be subject to appeal. Judgment may be entered upon the award of the arbitrator in any court of competent jurisdiction. The parties will equally share the expenses of the arbitration unless the arbitrator determines to apportion fees and expenses differently. To the fullest extent permitted by applicable law, WHETHER THE DISPUTE IS HEARD IN ARBITRATION OR IN COURT, NO ARBITRATION OR CLAIM UNDER THESE TERMS WILL BE JOINED TO ANY OTHER ARBITRATION OR CLAIM, INCLUDING ANY ARBITRATION OR CLAIM INVOLVING ANY OTHER CURRENT OR FORMER USER OF THE SERVICES, AND NEITHER YOU NOR BDW WILL COMMENCE AGAINST THE OTHER A CLASS ACTION, CLASS ARBITRATION, OR OTHER REPRESENTATIVE ACTION OR PROCEEDING.
Governing Law and Dispute Resolution. These Terms will be governed by and construed in accordance with the laws of the State of Ohio, without resort to its conflict of law provisions. The state and federal courts located in Cuyahoga County, Ohio, will have exclusive jurisdiction over any suit in connection with the Services or these Terms that is not subject to arbitration, and you and BDW hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts. These Terms and your access to or use of the Services will be governed by, construed in accordance with, and enforced under the laws of the State of Ohio without resort to its conflict of law provisions. If a party initiates any proceeding regarding these Terms, the prevailing party to such proceeding is entitled to reasonable attorneys’ fees and costs for claims arising out of these Terms.
Assignment. You may not assign, delegate or transfer these Terms or any right, title, interest, or obligation hereunder without the prior written consent of BDW. Any attempted or purported assignment, delegation, or transfer in violation of the foregoing will be null and void and without effect. BDW may assign these Terms without your prior written consent. These Terms will be binding and inure to the benefit of such assignees, transferees, and other successors in the interest of the parties in the event of an assignment or other transfer made consistent with the provisions of these Terms.
Third-Party Beneficiaries. All current and former coaches are third-party beneficiaries of Sections 12-17 hereunder.
Electronic Communications. You agree to receive electronically all current and future notices, disclosures, communications, and information and that the aforementioned electronic communications satisfy any legal requirement that such communications be in writing. An electronic notice will be deemed to have been received on the day of receipt as evidenced by such email.
By creating an Account on our service, you agree to subscribe to newsletters, marketing or promotional materials, and other information we may send. However, you may opt-out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send.
Force Majeure. BDW will not be liable for any loss or damage arising from any event beyond its reasonable control, including, but not limited to, flood, extraordinary weather conditions, earthquake, or other act of God, fire, war, insurrection, riot, labor dispute, accident, the action of government, communications, power failure, or equipment or software malfunction.
Headings. Headings of sections are for convenience only and will not be used to limit or construe such sections.
Severability. If any provision of these Terms is invalid, illegal, or incapable of being enforced by any rule of law or public policy, all other provisions of these Terms will nonetheless remain in full force and effect so long as the economic and legal substance of the transactions contemplated by these Terms is not affected in any manner adverse to any party. Upon such determination that any provision is invalid, illegal, or incapable of being enforced, the parties will negotiate in good faith to modify these Terms to affect the original intent of the parties as closely as possible in an acceptable manner to the end that the transactions contemplated hereby are fulfilled.
Survival. Notwithstanding any terms to the contrary in these Terms, Sections 7-9 and 11-15 will survive any termination of these Terms.
Community Standards: When you join the BDW community, you agree to follow our policies, including our community standards. Those expectations include thoughtful and professional communications with our community (colleagues, parents, children), modeling appropriate behavior for our learners, and acting professionally. In addition, you agree to use social media, blogs, and other online forums, in an appropriate manner. Inappropriate behavior in any BDW-affiliated online forum includes, but is not limited to: behavior intended to provoke, bully, demean, or cause harm to others, or to create conflict; or any other posts or content that BDW, in its discretion, believes to be unconducive to a respectful and welcoming community for all. Inappropriate behavior in any online forum includes, but is not limited to: posting online or speaking to the media on BDW’s behalf without prior written authorization from BDW; posts that BDW, in its discretion, finds to be offensive or inappropriate based on race, sex, age, gender, sexual orientation, gender identity or expression, national origin, disability or medical condition, veteran status, or any other legally protected characteristic; derogatory, disparaging, or disrespectful comments about students, coaches, parents, or BDW staff, even if the target is not identified by name; sharing any private material, communication, or information regarding parents of learners, including but not limited to students’ or parents’ names, photos, conversations, emails, student academic or performance information, screenshots of student work, or any other personal identifying information; posts that may be harmful to BDW’s ongoing business operations; sharing content that contains or promotes hate speech, threats of violence, or the endangerment of children; and any other violation of BDW’s community standards.
Student Safety: Each Coach is required to report to BDW any suspected case of child abuse or neglect they become aware of during their work with BDW students. Consistent with the Federal Child Abuse Prevention and Treatment Act (CAPTA) (42 U.S.C.A. § 5106g), BDW defines “abuse or neglect” as: “any recent act or failure to act on the part of a parent or caretaker, which results in death, serious physical or emotional harm, sexual abuse or exploitation”; or “an act or failure to act which presents an imminent risk of serious harm.” Coaches may also be required to report suspected abuse or neglect to local authorities, and BDW expects all Coaches to comply with their individual reporting responsibilities. BDW itself may report instances of suspected abuse or neglect as it deems appropriate.
Additional Policies When using particular Services, you are subject to any guidelines, rules and/or additional terms and conditions applicable to those Services, as may be posted on the Services from time to time. All such guidelines, rules, and/or additional terms and conditions are hereby incorporated by reference into these Terms of Service. To the extent of any inconsistency between any provision of these Terms of Service and any other guidelines, rules, and/or additional terms and conditions posted on the Services from time to time, the provision(s) of these Terms of Service shall control.
Links
The Services may contain links to third-party websites, services, or other content that are not owned or controlled by BDW. We do not endorse or assume any responsibility for such third-party sites, information, products, or services. If you access any third-party website, service, or content from BDW, you do so at your own risk and agree that we will have no liability arising from your use of or access to any third-party website, service, or content.
Contacting Us
The Services are provided by Bonfire Digital Wellness Inc., you can contact us by emailing us at support@bonfiredw.org.
