These Terms of Service apply to all users of the Behind the Hands, LLC (“BTH”) website and app.
By using the BehindtheHands app (the “App”) and/or visiting the BehindtheHands website (the “Website”), you agree to and accept (1) these terms and conditions (the "Terms of Service"), and (2) the privacy notice found at behindthehands.com/privacy-policy. If you do not agree to any of these terms, or the privacy notice, please do not use the App or the Website. The App and the Website (collectively, the “Services”) are operated by BTH through various service providers.
BTH hereby grants you permission to access and use the Services as set forth in these Terms of Service, provided that:
A. You agree not to alter or modify any part of the Services.
B. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that accesses the Services in a manner that sends more request messages to the Services servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line tools. Notwithstanding the foregoing, BTH grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials but not caches or archives of such materials. BTH reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Services, nor to use any communication systems provided by the Services (e.g. comments, email) for any commercial solicitation purposes.
C. You are current in the payment of subscription payments for any Services or components thereof that are not free.
D. You agree not to attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Services, the servers on which they are stored, or any server, computer, or database connected to the Services.
E. You agree not to attack the Website via a denial-of-service attack or a distributed denial-of-service attack, or act in any manner that interferes with the proper working of the Website.
F. You must not use the Services:
• In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
• For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
• To send, knowingly receive, upload, download, use, or re-use any material that does not comply with these Terms of Service.
• To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any "junk mail," "chain letter," "spam," or any other similar solicitation.
• To impersonate or attempt to impersonate BTH, a BTH employee, another user, or any other person or entity.
• To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which, as determined by us, may harm BtH or users of the Services, or expose them to liability.
• In any manner that could disable, overburden, damage, or impair the Services or interfere with any other party's use of them, including their ability to engage in real time activities through the Website.
• For any other purpose not expressly authorized in these Terms of Use, without our prior written consent.
In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of content on or available through the Services.
A. The content on the Services, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to BTH, subject to copyright and other intellectual property rights under the law.
B. You may access Website Content and other content only as permitted under these Terms of Use for your personal, non-commercial use only. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Services, except as follows:
• Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
• You may store files that are automatically cached by your Web browser for display enhancement purposes.
• You may print or download a reasonable number of copies of the Content for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
BTH reserves all rights not expressly granted in and to the Website Content.
C. You agree not to engage in the use, alteration, copying, or distribution of any of the Content other than as expressly permitted herein.
If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Content in breach of the Terms of Use, your right to use the Services will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Content is transferred to you, and all rights not expressly granted are reserved by BtH. Any use of the Services not expressly permitted by these Terms of Service is a breach of these Terms of Service and may violate copyright, trademark, and other laws.
D. You agree not to circumvent, disable or otherwise interfere with security-related features of the Services or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Services or the Content therein.
To file a copyright infringement notification with us, you will need to send a written communication that contains the following:
• 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.
• Identification of the material on our Services that is claimed to be infringing, with information reasonably sufficient to allow us to locate the material.
• Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted.
• A statement that the complaining party has a good faith belief that use of the material in the matter complained of is not authorized by the copyright owner, its agent or the law.
• 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.
Such written notification should be sent to:
Data Privacy Officer
Behind the Hands LLC
15 Appaloosa Lane
South Hamilton, MA 01982
The Website may contain links to third-party Websites that are not owned or controlled by BTH. BTH has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party Websites. In addition, BTH will not and cannot censor or edit the content of any third-party site. By clicking on links, you expressly relieve BTH from any and all liability arising from your use of any third-party site, or from the content of any third-party site. Accordingly, we encourage you to be aware when you leave the Website and to read the terms and conditions and privacy policy of each Website that you visit.
YOU AGREE THAT YOUR USE OF THE Services SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, BTH, ITS OFFICERS, DIRECTORS, AFFILIATES, REPRESENTATIVES AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF. BTH MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE CONTENT OF ANY SITES LINKED TO BY THE SERVICES AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD-PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES.
IN NO EVENT SHALL BTH, OR ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
The Website is operated and offered in the United States of America. BTH makes no representations that the Website is appropriate or available for use in other locations. Those who access or use the Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.
You agree to defend, indemnify and hold harmless BTH and its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Website; (ii) your violation of any term of these Terms of Service; or (iii) your violation of any third party right, including without limitation any copyright, trademark, property, publicity or privacy right.
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service.
10.1. You agree that: (i) the Services shall be deemed solely based in Massachusetts, USA; and (ii) the availability of the Services outside of Massachusetts does not give rise to personal jurisdiction over BTH, either specific or general, in jurisdictions other than Massachusetts.
10.2 These Terms of Service shall be governed by the internal substantive laws of the Commonwealth of Massachusetts, without respect to its conflict of laws principles. The parties agree to resolve all disputes related to this Agreement by binding individual arbitration before one arbitrator and will not bring or participate in any representative action. The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures and in accordance with the Expedited Procedures in those Rules, and shall take place in Boston, Massachusetts. Any challenge to arbitrability shall be decided by the arbitrator. Judgment on the arbitration award may be entered in any court having jurisdiction.
10.3 In the event a party seeks injunctive relief from a court, the parties consent to the exclusive jurisdiction and venue of the federal and state courts located in Boston, Massachusetts.
10.4 These Terms of Service, together with the Privacy Notice at behindthehands.com/privacy-policy and any other legal notices published by BTH on the Services, shall constitute the entire agreement between you and BTH concerning the Services. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect.
10.5 No waiver of any term of these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and BTH’s failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision.
10.6 BTH reserves the right to amend these Terms of Service at its discretion at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. All changes are effective immediately once posted. Your use of the Website following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms.
10.7 YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED. YOU HEREBY WAIVE ANY RIGHT TO COMMENCE OR PARTICIPATE IN A CLASS ACTION LAWSUIT AGAINST BTH BASED UPON YOUR USE OF THE SERVICES.
This Services are operated by Behind the Hands LLC. All feedback, comments, requests for technical support, and other communications relating to the Website should be directed to support@behindthehands.com.
