BeWell Digital Terms of Service


  1. General Information 


1.1. The Products. These Terms + Conditions (the “Terms”) contain the terms and conditions on which BeWell in School (“BWS,” “we,” “us,” or “our”) supply content, products, or services  listed on digital.bewellglobal.com (the “Website”), BeWell Digital mobile phone and TV applications (the “Apps”), or other online services offered by BeWell in School or associated with BeWell Digital (the Website, the Apps, and such other products, services, and features are collectively referred to herein as the “Product” or “Products”, which may be updated from time-to-time at the sole discretion of BeWell in School). Please read these terms + conditions carefully before purchasing any Products from the Website or third party App Stores. The term “Device” refers to the device which is used to access the Products, including but not limited to computers, smart phones, smart TVs, and tablets. The term “you” refers to the user of the Products. When you purchase any Products, or otherwise use or access the Products, you agree to be bound by these Terms and all applicable laws, rules, and regulations. By using the Products, you indicate that you accept these Terms and that you agree to abide by them. If you do not agree to these Terms, please refrain from using the Products.


1.2. Arbitration Clause. Any dispute, claim, or controversy arising out of or relating to your use of the Products, including but not limited to the formation, interpretation, breach, or termination of these Terms, shall be settled by binding arbitration in accordance with the rules of the American Arbitration Association (“AAA”) then in effect, subject to the provisions of this section.


The arbitration shall be conducted by a single arbitrator mutually agreed upon by the parties or, if no agreement can be reached, appointed by the AAA in accordance with its rules. The arbitration shall take place in Nashville, TN, unless otherwise mutually agreed upon by the parties. 


The arbitrator shall have the authority to award any form of individual relief, including monetary damages, injunctive relief, as permitted by applicable law. The arbitrator’s award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. 


Each party shall bear its own costs and expenses in connection with the arbitration, including attorney’s fees, unless the arbitrator determines that a party has acted in bad faith with chase the arbitrator may award attorneys fees and costs to the prevailing party. 


You understand and agree that, by entering into these Terms, you are waiving the right to a trial by jury or to participate in a class action lawsuit. Any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. 


The arbitration clause shall survive the termination of these Terms and any discontinuation of your use of the Products. 


1.3 Changes to Terms. BWS reserves the right to change or update these Terms, or any other of our policies or practices, at any time, and will notify users by posting such changed or updated Terms on this page. Any changes or updates will be effective immediately upon posting to the Website. Your continued use of the Products constitutes your agreement to abide by the Terms as changed. Under certain circumstances we may also elect to notify you of changes or updates to our Terms by additional means, such as a pop-up on the Website, within the Products, or via email. 


  1. Product Access  


2.1. Eligibility. You must be 18 years of age, or the age of majority in your province, territory or country, to sign up as a registered user of the Product. Individuals under the age of 18, or the applicable age of majority, may view the audiovisual content displayed in the Product only with the involvement and consent of a parent or legal guardian, under such person's account, and otherwise subject to these Terms. This provision shall not be applicable to student registrations made through a School Partner Account. 


2.2 License. We grant you a limited, non-exclusive, non-transferable license to access and use the Products, all documentation, and all updates only for personal, non-commercial purposes relating to video streaming and related activities through the Product. 


2.3. Access. Users must register to access the Product. Access is either purchased through the Website or given to you if you are a student or teacher accessing the Product through a School Partner Account.


When you register for the Product, you will be asked to provide certain information including a valid email address. You warrant and represent that all such information is current and accurate, and will be kept up-to-date.


If you elect to access any component of the Products for which there is a fee, you agree to pay all fees and charges associated with your account on a timely basis. All such fees and charges (including any taxes and late fees, as applicable) will be charged on your credit card. Each user agrees to maintain valid credit card information as part of your account information when applicable. Receipts are sent once the charge is successful to the registered email account. 


You are responsible for maintaining the confidentiality of your information as it relates to the Products, including your username and password, and are responsible for all uses of your username and password whether or not authorized by you. You agree to immediately notify BWS of any unauthorized use of your username and password.


BWS makes no guarantees as to the resolution and quality of your digital content when streaming. The quality and speed of your stream of digital content has many different variables, including your connection speed, location, download speeds, devices, player and bandwidth.

  1. Prohibited Activities 


The Products may be used only for lawful purposes. BWS specifically prohibits any use of the Products, and all users agree not to use the Products, for any purposes other than designated by BWS.

You agree not to: 

  • Upload, post, email or otherwise send or transmit or introduce any material that contains software viruses or any other computer code, files or programs designed to interrupt, harm, damage, destroy or limit the functionality of any computer software or hardware or equipment linked directly or indirectly with the Products. You agree not to interfere with the servers or networks underlying or connected to the Products or to violate any of the procedures, policies or regulations of networks connected to the Products. You may not attempt to gain unauthorized access to the Products or its related systems. 

  • Impersonate any other person while using the Products, conduct yourself in an offensive manner while using the Products, or use the Products for any illegal, immoral or harmful purpose. You agree not to post or transmit any harmful, infringing, or otherwise objectionable content. 

  • Use the Products for any purposes related to scientific research, analysis or evaluation of the Products without the express written consent of BWS.

  • Access data not intended for you or log into a server or account which you are not authorized to access

  • Attempt to probe, scan, or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization

  • Forge any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting

  • Scrape or harvest data 

  • Use robots to skew payouts

By breaching the provisions of this section 3, you may commit a criminal offense under applicable laws. We may report any such breach to the relevant law enforcement authorities and we may cooperate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Products will cease immediately.

  1. Your Conduct 


You are solely responsible for your conduct in the community forum. We ask that all parties create a welcoming environment. Treat everyone with respect. Kindness is required. Make sure everyone feels safe. Bullying of any kind is prohibited, and degrading comments about things like race, religion, culture, sexual orientation, gender, or identity will not be tolerated. We do not allow promotions of your own business and brands such as promotions, self-promotion, spam, and irrelevant links to third party sites. If you experience or you see anyone else on the community forum experiencing harassment or inappropriate behavior, please contact our community admins immediately. All contributions you make to this site will be accessible to the public. As a registered member, you have agreed to follow our community guidelines and acknowledge that by not abiding by these rules your account will be suspended or removed.

  1. Cancellation 


5.1. Cancellation by You. You may cancel a monthly or annual subscription plan at any time. Cancellation of a monthly plan is effective at the end of the applicable monthly period. Cancellation of an annual plan is effective at the end of the applicable annual period. You can cancel or update payment information by logging into your Website account and clicking the settings tab under your username. You may also email digital@bewellinschool.org with cancellation requests. 


5.2. Cancellation by Us. We reserve the right to suspend or terminate your access to the Products at our discretion, without notice, for any violation of these Terms.


  1. Privacy 


Your use of the Products is also governed by our Privacy Policy, which can be found at [Link]. Please review the Privacy Policy to understand how we collect, use, and protect your personal information. 


  1. Intellectual Property Rights 


7.1. Trademarks. BeWell in School, BeWell Digital, all related logos, trademarks, trade names, and all other BWS product or service marks are trademarks of BeWell in School. All intellectual property, other trademarks, logos, images, product and company names displayed or referred to on or in the Products are the property of their respective owners. Nothing grants you any license or right to use, alter or remove or copy such material. Your misuse of the trademarks displayed on the Products is strictly prohibited. BWS will enforce its trademark rights to the fullest extent of the law, including the seeking of criminal prosecution.


The Products (including without limitation all content, videos, programs, compiled binaries, interface layout, interface text, documentation, resources and graphics) is the sole and exclusive property of BWS and is protected by copyright, trademark, and other intellectual property common and statutory laws of the United States and other countries.

7.2. User Content. In the course of using the Product, you may provide BWS with feedback, including but not limited to suggestions, observations and problems regarding the Product (collectively, “Feedback”). The Organization hereby grants BWS a worldwide, irrevocable, perpetual, royalty-free, transferable, sub-licensable, non-exclusive right to use, copy, modify, distribute, display, perform, create derivative works from, and otherwise exploit all such Feedback. By posting or submitting content on the Products, you grant BWS a non-exclusive, worldwide, royalty-free license to use, modify, reproduce, and distribute your content for the purpose of operating and improving the Products. BWS shall own exclusively all rights to submissions made through the Products and shall be entitled to unrestricted use of the submissions for any purposes whatsoever, commercial or otherwise, without compensation to users or any other third party. 


7.3a. Copyright. All materials (including software and content whether downloaded or not) contained in the Products are owned by BWS, unless indicated otherwise. You agree and acknowledge that the materials are valuable property and that other than any specific and limited license for use of such materials, you shall not acquire any ownership rights in or to such materials. The materials may not be used except as provided for in these Terms, and any other relevant terms and conditions provided to you without our prior written permission.


Audio or video content from BWS not explicitly indicated as downloadable may not be downloaded or copied from the Products or any Device.


The Products are not intended for your commercial use. Commercial advertisements, affiliate links, and other forms of solicitation may be removed by us without notice and may result in termination of privileges. You must not use any part of the materials used in or on the Products for commercial purposes without obtaining a written license to do so from us. Material from the Products may not be copied or distributed, or republished, or transmitted in any way, without our prior written consent. Any unauthorized use or violation of these Terms immediately and automatically terminates your right to use the Products and may subject you to legal liability. You agree not to use the Products for illegal purposes (including, without limitation, unlawful, harassing, libelous, invasion of another’s privacy, abusive, threatening or obscene purposes) and you agree that you will comply with all laws, rules and regulations related to your use of the Products. Appropriate legal action may be taken for any illegal or unauthorized use of the Products.


You may not download, display, copy, reproduce, distribute, modify, perform, transfer, create derivative works from, sell or otherwise exploit any content, code, data or materials in the Products. If you make other use of the Products, or the content, code, data or materials thereon, except as otherwise provided above, you may violate copyright and other laws of the United States, other countries, as well as applicable state laws and may be subject to liability for such unauthorized use. BWS will enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.


The warranty and limitation of liability provisions set forth in sections 8 and 9 also apply to the use of the Product.

7.3b. Digital Millennium Copyright Act “DMCA” Notice. If you believe that any copyrighted work is accessible through the Products in a way that constitutes copyright infringement, please notify BWS by providing our designated copyright agent with the following information:


The physical or electronic signature of either the copyright owner or of a person authorized to act on the owner's behalf;


A description of the copyrighted work you claim has been infringed, and a description of the activity that you claim to be infringing;

Identification of the URL or other specific location on the Product where the material or activity you claim to be infringing is located or is occurring; You must include enough information to allow us to locate the material or the activity;

Your name, address, telephone number, and e-mail address;

A statement by you, made under penalty of perjury, that (i) the information you have provided is accurate and that you are the copyright owner or are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; and (ii) you have a good faith belief that use of the copyrighted materials is not authorized by the copyright owner, any agent of the copyright owner, or the law.

If you believe in good faith that a notice of copyright infringement has been wrongly filed against, you can send BWS a counter-notice that includes the following:

Your name and address, and telephone number;

The source address of the removed content;

A statement under penalty of perjury that you have a good faith belief that the content was removed in error; and

A statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, for any judicial district in which the Website may be found, and that you will accept service of process from the person who provided the original complaint.

Please note that the United States Copyright Act prohibits the submission of a false or materially misleading Notice or Counter-Notice, and any such submission may result in liabilities, including perjury.

BWS has designated Riki Rattner as our agent to receive notices of claims of copyright infringement. You can contact riki@bewellinschool.org.

  1. Warranty Disclaimers 

THE PRODUCTS ARE PROVIDED "AS IS" AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND BWS HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE PRODUCTS, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS.

BWS DOES NOT WARRANT THAT THE PRODUCTS WILL MEET USER REQUIREMENTS OR BE OF BENEFIT, THAT THE OPERATION OF PRODUCTS WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THE PRODUCTS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. SHOULD THE LICENSED APPLICATION OR PRODUCTS PROVE DEFECTIVE, BWS IS NOT RESPONSIBLE FOR THOSE COSTS ASSOCIATED WITH THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA.

BWS MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF THE PRODUCTS OR USER GENERATED CONTENT OFFERED OR ANY OTHER CONTENT ACCESSED THROUGH THE PRODUCTS.

THE TRANSMISSION OF DATA OR INFORMATION INCLUDING COMMUNICATIONS BY E-MAIL OVER THE INTERNET OR OTHER PUBLICLY ACCESSIBLE NETWORKS IS NOT SECURE, AND IS SUBJECT TO POSSIBLE LOSS, INTERCEPTION OR ALTERATION WHILE IN TRANSIT. ACCORDINGLY, BWS DOES NOT ASSUME ANY LIABILITY FOR ANY DAMAGE USERS MAY EXPERIENCE OR COSTS USERS MAY INCUR AS A RESULT OF ANY TRANSMISSIONS OVER THE INTERNET OR OTHER PUBLICLY ACCESSIBLE NETWORKS, SUCH AS TRANSMISSIONS INVOLVING THE EXCHANGE OF E-MAIL. IN NO EVENT WILL SUCH DATA OR INFORMATION BE DEEMED TO BE CONFIDENTIAL, CREATE ANY FIDUCIARY OBLIGATIONS ON THE PART OF BWS, OR RESULT IN ANY LIABILITY TO YOU IN THE EVENT THAT SUCH INFORMATION IS INADVERTENTLY RELEASED OR ACCESSED BY THIRD PARTIES WITHOUT CONSENT.

BWS TAKES NO RESPONSIBILITY WHATSOEVER FOR THE INFORMATION YOU HAVE UPLOADED TO THE PRODUCTS AND SHALL NOT BE RESPONSIBLE OR LIABLE FOR THE DELETION, CORRECTION, DESTRUCTION, DAMAGE, OR LOSS OF SUCH INFORMATION, OR FAILURE TO STORE ANY OF SUCH INFORMATION.  NOR IS BWS RESPONSIBLE FOR LOSS OF INFORMATION THROUGH THE ACTION OF ANY THIRD PARTY OR BECAUSE OF CIRCUMSTANCES BEYOND THE CONTROL OF BWS. ALL USERS ARE EXPECTED TO HAVE THEIR OWN BACKUP OF ALL OF THEIR INFORMATION.

TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, USER UNDERSTANDS AND AGREES THAT NEITHER BWS NOR ANY OF ITS AFFILIATES OR SUBSIDIARIES, OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, PARTNERS, REPRESENTATIVES, CONTRACTORS OR AGENTS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR ANY OTHER DAMAGES RELATING TO OR RESULTING FROM USE OF THE PRODUCTS OR FROM ANY ACTIONS BWS TAKES OR FAILS TO TAKE. THESE INCLUDE BUT ARE NOT LIMITED TO DAMAGES FOR ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAYS, COMPUTER VIRUSES, LOST PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, UNAUTHORIZED ACCESS TO AND ALTERATION OF TRANSMISSIONS AND DATA, BODILY INJURY, EMOTIONAL DISTRESS AND OTHER TANGIBLE AND INTANGIBLE LOSSES. THIS LIMITATION APPLIES REGARDLESS OF WHETHER THE DAMAGES ARE CLAIMED UNDER THE TERMS OF A CONTRACT, AS THE RESULT OF NEGLIGENCE OR OTHERWISE, AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BWS’S MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS PRODUCT OR USE OF THE PRODUCTS, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY OR OTHERWISE), WILL NOT EXCEED THE AMOUNT, IF ANY, PAID FOR THE PRODUCTS.

BWS IS NOT RESPONSIBLE FOR DELETION OR LOSS OF FILES OR INFORMATION UPLOADED TO THE PRODUCTS. ALL USERS ARE EXPECTED TO HAVE THEIR OWN BACKUP OF ALL FILES AND INFORMATION UPLOADED TO THE PRODUCTS. 

  1. Limitation of Liabilities

9.1. NO LIABILITY FOR CONSEQUENTIAL OR INDIRECT DAMAGES. EXCEPT FOR OBLIGATIONS TO MAKE PAYMENT UNDER THESE TERMS, LIABILITY FOR BREACH OF CONFIDENTIALITY, OR LIABILITY FOR MISAPPROPRIATION OF INTELLECTUAL PROPERTY RIGHTS, IN NO EVENT SHALL BWS NOR ANY OF ITS AFFILIATES OR SUBSIDIARIES, OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, PARTNERS, REPRESENTATIVES, CONTRACTORS OR AGENTS BE LIABLE FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR ENHANCED DAMAGES, LOST PROFITS OR REVENUES, OR DIMINUTION IN VALUE, ARISING OUT OF OR RESULTING FROM YOUR USE OR INABILITY TO USE THE PRODUCTS OR FROM ANY ACTIONS BWS TAKES OR FAILS TO TAKE,  REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE FORESEEABLE, (B) WHETHER OR NOT THE OTHER PARTY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (C) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT, OR OTHERWISE) UPON WHICH THE CLAIM IS BASED, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE. THESE INCLUDE DAMAGES FOR ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAYS, COMPUTER VIRUSES, LOSS OF PROFITS, LOSS OF DATA, UNAUTHORIZED ACCESS TO AND ALTERATION OF TRANSMISSIONS AND DATA, EMOTIONAL DISTRESS AND OTHER TANGIBLE AND INTANGIBLE LOSSES. 

9.2. MAXIMUM LIABILITY FOR DAMAGES. EXCEPT FOR OBLIGATIONS TO MAKE PAYMENT UNDER THESE TERMS, LIABILITY FOR BREACH OF CONFIDENTIALITY, OR LIABILITY FOR MISAPPROPRIATION OF INTELLECTUAL PROPERTY RIGHTS, IN NO EVENT SHALL BWS’S LIABILITY ARISING OUT OF OR IN CONNECTION TO YOUR USE OF THE PRODUCT, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE TOTAL OF THE AMOUNTS PAID, AND AMOUNTS ACCRUED BUT NOT YET PAID, FOR THE PRODUCT IN THE ONE YEAR PERIOD PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

9.3. ASSUMPTION OF RISK. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ABSENT GROSS NEGLIGENCE FROM BWS, YOU ASSUME ALL RISK AND LIABILITY FOR THE RESULTS AND/OR CONSEQUENCES OBTAINED OR INCURRED BY USE OF THE PRODUCTS, INCLUDING BUT NOT LIMITED TO, OPERATING COSTS, GENERAL EFFECTIVENESS, AND SUCCESS OR FAILURE, AND REGARDLESS OF ANY ORAL OR WRITTEN STATEMENTS.

  1.  Indemnification

BWS IS AN INDEPENDENT CONTRACTOR AND IS NOT AN AGENT, JOINT VENTURER, OR EMPLOYEE OF THE USER. THESE TERMS SHALL BE GOVERNED BY AND SHALL BE CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF TENNESSEE. USERS AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS BWS AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, AND PARTNERS, HARMLESS FROM AND AGAINST ANY LOSS, LIABILITY, CLAIM, ACTION, OR DEMAND, INCLUDING WITHOUT LIMITATION REASONABLE LEGAL AND ACCOUNTING FEES, ALLEGING OR RESULTING FROM (I) YOUR USE OF THE PRODUCTS; (II) ANY USER GENERATED CONTENT OR COMMUNICATIONS, OR (III) YOUR BREACH OF THE TERMS OF THIS AGREEMENT. BWS SHALL PROVIDE NOTICE TO YOU PROMPTLY OF ANY SUCH CLAIM, SUIT, OR PROCEEDING AND SHALL ASSIST YOU, AT YOUR EXPENSE, IN DEFENDING ANY SUCH CLAIM, SUIT OR PROCEEDING. BWS RESERVES THE RIGHT TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER SUBJECT TO IMMEDIATE INDEMNIFICATION.

  1.  Contact Us 

If you have any questions or concerns about these Terms don’t hesitate to contact us at digital@bewellinschool.org