The Bootcamp.com website is owned and operated by Bootcamp Prep LLC. PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING THE WEBSITE.

1. Definitions

“Agreement” refers to these Terms of Service.

“Content” shall refer to the contents of the Website, including without limitation the text, graphics, images, audio, and video. “Content” does not include User Submitted Content as defined below.

“Bootcamp” refers to Bootcamp Prep LLC, a Florida limited liability company and the owner of the Website.

“Services” shall refer to the services provided by Bootcamp through the Website.

“User Submitted Content” shall refer to any content that You submit to the Website, including, but not limited to, text, graphics, images, audio, and video.

“Users” shall refer to anyone who uses Bootcamp’s Services, including users of the Website.

“Website” refers to the Bootcamp.com website.

“You” shall refer to you, the person who is entering this Agreement with Bootcamp.

2. Acceptance of the Terms of Service

By visiting the Website and/or using the Services, You accept and agree to these Terms of Service and the Privacy Policy (available at www.bootcamp.com/privacy), which is incorporated by reference into these Terms of Service. These Terms of Service constitute a legal agreement between You and Bootcamp and spell out the terms and conditions to which You must adhere. If You do not agree to any of these terms and conditions, then do not use the Website or Services.

3. Use of Website, Content, and Services

The Website, Content, and Services are owned by Bootcamp and constitute proprietary information and property that are protected by United States copyright and/or trademark law, as well as applicable foreign laws.

Bootcamp hereby grants You permission to use the Content, provided that (i) your use is solely for your personal, noncommercial use; (ii) You do not modify or sell the Content; and (iii) You do not reproduce, display, publicly perform, distribute, or otherwise use the Content for any public or commercial purpose, including the use of the Content on any other website. To the extent the Website provides features allowing You to distribute the content by email, social media, or another method, You may distribute the Content using such features. If You violate any of these terms, your permission to use the Content automatically terminates.

4. Rules of Use

As a condition for your use of the Website and Services, You agree (i) not to use the Services for any illegal or unauthorized purpose and to comply with all applicable laws, rules, and regulations (whether federal, state, or local); (ii) not to engage in any behavior that is violent, threatening, pornographic, racist, defamatory, hateful, or otherwise objectionable as determined by Bootcamp in its sole discretion; and (iii) not to interfere or disrupt the Services or servers or networks connected to the Services, including, but not limited to, transmitting any works, viruses, spyware, malware, or any other destructive code. Bootcamp has the right to interrupt, suspend, or terminate the Services if it suspects that You are engaging in unlawful, fraudulent, or abusive activity.

5. Relationship of Parties

No joint venture, partnership, employment, or agency exists between You and Bootcamp, and nothing in these Terms of Service shall be construed as creating any joint venture, partnership, or employment relationship.

6. Account Information

You will need an account to use the Services. You shall protect any passwords and account information and take full responsibility for your own, and any third party, use of your account. If You learn of any unauthorized use of your password or account, contact Bootcamp immediately.

You must be a human. Accounts registered by “bots” or other automated methods are not permitted. The “Account Owner” is considered to be the individual who creates the account. Your account may only be used by one person – a single login shared by multiple people is not permitted.

You are responsible for all User Submitted Content posted and activity that occurs under your account.

7. Payment and Fees

If You choose to sign up for an account and use the Services, You agree to pay and be responsible for all applicable charges and fees for such Services. All fees are set out in U.S. dollars. You acknowledge and agree that You are the owner of any credit card account, PayPal account, and/or any other payment method that You submit to Bootcamp for payment of the Services.

Bootcamp uses third party payment processors for all payments made through the Website. By making any payment through the Website, you agree the terms for service for such third party payment processor.

To the fullest extent permitted by law, fees paid to Bootcamp are non-refundable. In extraordinary circumstances, Bootcamp may consider refunding fees paid to Bootcamp but is under no obligation to do so and any such refunds are at the discretion of Bootcamp. Nothing in these Terms of Service obligates Bootcamp to extend credit to any party.

All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) income taxes.

8. Reviews and Ratings

Through the Website, You may submit reviews to describe your experience and/or to assist others in evaluating the Website or Services. You may submit such reviews provided that (i) You submit the review in good faith, and (ii) You have actually purchased Services through the Website. Bootcamp may impose reasonable restrictions on any such reviews and may establish rules to ensure that such reviews are legitimate and appropriate. To the extent You rely on any reviews on the Website, You understand that the reviews are submitted by other users and that Bootcamp disclaims any and all responsibility for the content or accuracy of such reviews.

9. User Submitted Content

You warrant that You own all intellectual property rights in any User Submitted Content or that You have the appropriate license rights from the owner for any User Submitted Content. You retain all ownership rights to your User Submitted Content. By submitting content to the Website, You grant Bootcamp a worldwide, perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, adapt, publish, translate, create derivative works, and distribute your User Submitted Content.

10. IP Ownership and Notices

Bootcamp disclaims any liability for any User Submitted Content or third party content submitted to, or posted on, the Website. If You believe that any materials on the Website infringe your copyright, trademark, or other intellectual property right, please send a written notification of your claim to Bootcamp at the following address:

Bootcamp.com
Attention: IP Notices
2093 PHILADELPHIA PIKE #1760
CLAYMONT, DE 19703
team@bootcamp.com

To provide effective notification, please provide the following information:

1. An electronic or physical signature of a person authorized to act on behalf of the owner of the intellectual property right that is allegedly being infringed;
2. A description of the copyrighted work, trademark, or other intellectual property right that is allegedly being infringed;
3. The location of the allegedly infringing material on the Website;
4. Your name, address, email address, and telephone number;
5. The following statement: “I have a good faith belief that the use of the material is not authorized by the intellectual property owner”; and
6. A statement under penalty of perjury that the information in the notification is accurate and that You are the owner of the intellectual property right or that You are authorized to act on behalf of the intellectual property right owner.

11. Links to Other Sites

The Website may contain links to third party websites. These links are provided solely as a convenience to You and not as an endorsement by Bootcamp of the contents, products, services, or business practices of such third party websites. Bootcamp is not responsible for the content, products, services, or business practices of linked third party websites and does not make any representations regarding the content, products, services, or business practices of such third party websites. If You decide to access and/or use linked third party websites, You do so at your own risk. You are responsible for taking precautions as necessary to protect yourself and your computer system from viruses, worms, Trojan horses, and other harmful or destructive content.

12. Disclaimer of Warranties

THE WEBSITE AND SERVICES ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, BOOTCAMP DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.  BOOTCAMP DOES NOT WARRANT THAT THE WEBSITE OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE, SERVICES, OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. BOOTCAMP DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE WEBSITE OR SERVICES IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU ASSUME ALL RISK FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM USE OF THE WEBSITE OR SERVICES, INCLUDING ANY DAMAGES RESULTING FROM COMPUTER VIRUSES.  BOOTCAMP DOES NOT AUTHORIZE ANYONE TO MAKE ANY WARRANTIES ON ITS BEHALF, AND YOU SHOULD NOT RELY ON ANY WARRANTIES MADE BY THIRD PARTIES.

13. Limitation of Liability

NEITHER BOOTCAMP NOR ANY OTHER PARTY INVOLVED IN CREATING OR DELIVERING THE WEBSITE OR SERVICES SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH ANY USE OF, OR INABILITY TO USE, THE WEBSITE OR SERVICES.

THE FOREGOING LIMITATION APPLIES REGARDLESS OF THE NATURE OF THE CAUSE OF ACTION (WHETHER BREACH OF CONTRACT OR TORT, INCLUDING NEGLIGENCE) AND EVEN IF BOOTCAMP HAS PREVIOUSLY BEEN ADVISED OF, OR REASONABLY COULD HAVE FORESEEN, THE POSSIBILITY OF SUCH DAMAGE OR LOSS.

THE FOREGOING LIMITATION APPLIES TO ALL DAMAGES ARISING OUT OF OR IN CONNECTION WITH ANY USE OF, OR INABILITY TO USE, THE WEBSITE OR SERVICES, INCLUDING BUT NOT LIMITED TO: (I) ERRORS, MISTAKES, OR INACCURACIES; (II) PERSONAL INJURY OR PROPERTY DAMAGE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS, INCLUDING ANY PERSONAL OR FINANCIAL INFORMATION STORED THEREIN; AND/OR (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED THROUGH THE WEBSITE OR SERVICES.

TO THE EXTENT THAT ANY JURISDICTION DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE ABOVE LIMITATION SHALL APPLY TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAW.

BOOTCAMP’S AGGREGATE LIABILITY TO YOU IN ANY CIRCUMSTANCE IS LIMITED TO EITHER THE AMOUNT PAID BY YOU TO BOOTCAMP OR $10, WHICHEVER IS GREATER.

14. Indemnification

You agree to defend, indemnify, and hold harmless Bootcamp, its licensors, licensees, distributors, agents, representatives and other authorized users, and all of the foregoing entities' respective officers, directors, owners, employees, agents, representatives, and assigns from and against any and all claims, damages, obligations, losses, liabilities, costs, attorneys’ fees, and expenses arising out of or in connection with (i) your use of the Website or Services, (ii) your violation of these Terms of Service, (iii) your violation of any third party right, including, but not limited to, copyright, trademark, or privacy right, and (iv) any submission by You that causes damage to a third party.

You shall cooperate as fully as reasonably required in the defense of any claim. Bootcamp reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by You. You shall not enter into any settlement agreement that affects the rights of Bootcamp without Bootcamp’s prior written approval.

15. Representation of Age and Ability to Accept Terms of Service

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, abide by, and comply with the terms and conditions in these Terms of Service.

In any event, You affirm that You are over the age of 13, as the Website and Services are not intended for children under 13. If You are under 13 years of age, then please do not use the Website or Services.

16. Termination and Cancellation

Bootcamp may, in its sole discretion, terminate or suspend your access or refuse service at any time, without notice, to all or any part of the Website or Services for any or no reason, including, but not limited to, breach of these Terms of Service.

You are solely responsible for properly canceling your account. You can cancel your account at any time by logging into your account profile.

17. Assignment

These Terms of Service may not be assigned by You without the prior written approval of Bootcamp. Bootcamp may assign these Terms of Service without your consent.

18. Severability

If any provision of these Terms of Service is deemed invalid or unenforceable under any statute, regulation, ordinance, or by an arbitrator or court of competent jurisdiction, then such provision shall be deemed reformed or deleted but only to the extent necessary to comply with such statute, regulation, ordinance, arbitrator, or court, and the remaining provisions shall remain in full force and effect.

19. No Waiver

The failure of Bootcamp to enforce any right or provision in these Terms of Service shall not constitute a waiver of such right or provision unless agreed to in writing by Bootcamp. In addition, Bootcamp’s waiver of any breach of this Agreement by You will not be a waiver of any other prior or subsequent breach.

20. Integration

These Terms of Service constitute the complete and final expression of the entire and only understanding between You and Bootcamp relating to the subject matter of this Agreement and supersedes any prior written or oral representations.

21. Governing Law and Venue

These Terms of Service shall be governed by the laws of the State of Florida, without respect to its conflict of laws principles. Any claim or dispute between You and Bootcamp that arises in whole or in part from your use of the Website, Services, Privacy Policy, or these Terms of Service shall be decided exclusively by an arbitrator located in Orange County, Florida in accordance with the arbitration provision below.

22. Arbitration

You agree to resolve any disputes, controversies, or claims between You and Bootcamp arising from or relating to use of the Website, Services, Privacy Policy, or these Terms of Service through binding and final arbitration instead of through court proceedings. You and Bootcamp hereby waive any right to a jury trial and agree that all claims shall be submitted for binding arbitration in accordance with the Rules of the American Arbitration Association ("AAA Rules"). The arbitration will be heard and determined in Orange County, Florida before a single arbitrator. The arbitrator's decision in any such arbitration will be final and binding upon the parties and may be enforced in any court of competent jurisdiction. The parties agree that the arbitration will be kept confidential and that the existence of the proceeding and any element of it (including, without limitation, any pleadings, briefs or other documents submitted or exchanged and any testimony or other oral submissions and awards) will not be disclosed beyond the arbitration proceedings, except as may lawfully be required in judicial proceedings relating to the arbitration or by applicable disclosure rules and regulations of governmental agencies.

23. Class Action Waiver

You agree not to act as a class representative or private attorney general, nor participate as a member of a class of claimants, with respect to any claim arising from or relating to use of the Website, Services, Privacy Policy, or these Terms of Service. Claims may not be arbitrated on a class or representative basis. The arbitrator can decide only your individual claims. The arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated.