TERMS OF USE

BMP HERO Terms & Conditions of Use

Last Updated on September 1, 2024. These Terms of Service (“Terms”) are effective immediately for users accessing or using the Service without an Account or those registering Accounts on or after September 1, 2024.

PLEASE NOTE: THESE TERMS INCLUDE DISPUTE RESOLUTION PROVISIONS (SEE SECTION 12) THAT, WITH LIMITED EXCEPTIONS, REQUIRE THAT (1) CLAIMS YOU BRING AGAINST BMP HERO, LLC. OPERATING THE BMP HERO PLATFORM BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION, AND (2) YOU WAIVE YOUR RIGHT TO BRING OR PARTICIPATE IN ANY CLASS, GROUP, OR REPRESENTATIVE ACTION OR PROCEEDING.

These Terms govern your access to and use of our products and services, including those offered through our websites, events, communications (e.g., emails, phone calls, and texts), and mobile applications (collectively, the “Service”). By accessing or using the Service, you are agreeing to these Terms, which form a legally binding contract with BMP HERO, LLC, a Nevada company with its headquarters in Reno, Nevada. Do not access or use the Service if you are unwilling or unable to be bound by these Terms.

1. DEFINITIONS

A. Parties.

“You” and “your” refer to you, as a user of the Service. A “user” is someone who accesses or in any way uses the Service. “We,” “us,” and “our” refer to BMP HERO, LLC and its subsidiaries.

B. Content.

“Content” means text, images, photos, audio, video, and all other forms of data or communication. “Your Content” means Content that you submit or transmit to, through, or in connection with the Service, such as ratings, reviews, and information that you contribute to your user profile. “User Content” means Content that users submit or transmit to, through, or in connection with the Service. “BMP HERO Content” means Content that we create and make available in connection with the Service. “Third Party Content” means Content that originates from parties other than BMP HERO or its users, which is made available in connection with the Service. “Service Content” means all of the Content that is made available in connection with the Service, including Your Content, User Content, BMP HERO Content, and Third-Party Content.

C. Accounts.

“Account” means any Business Account you create to access or use the website (www.bmphero.com and related domains).

2. CHANGES TO THE TERMS

We may modify the Terms from time to time. You understand and agree that your access to or use of the Service is governed by the Terms effective at the time of your access to or use of the Service. If we make material changes to these Terms, we will notify you by email, by posting notice on the Service, and/or by other methods prior to the effective date of the changes. You should revisit these Terms on a regular basis as revised versions will be binding on you. Your continued access to or use of the Service after the effective date of changes to the Terms represents your acceptance of such changes.

3. TRANSLATION

We may translate these Terms into other languages for your convenience. Nevertheless, the English version governs your relationship with BMP HERO, and any inconsistencies among the different versions will be resolved in favor of the English version.

4. USING THE SERVICE

A. Eligibility.

To access or use the Service, you must have the requisite power and authority to enter into these Terms. You may not access or use the Service if you are a competitor of BMP HERO or if we have previously banned you from the Service or closed your Account.

B. Permission to Use the Service.

We grant you permission to use the Service subject to these Terms. Your use of the Service is at your own risk, including the risk that you might be exposed to Content that is offensive, indecent, inaccurate, objectionable, incomplete, or otherwise inappropriate.

C. Service Availability.

The Service may be modified, updated, interrupted, suspended, or discontinued at any time without notice or liability.

D. Accounts.

You must create an Account and provide certain information about yourself and/or your business to use some of the features offered through the Service. You are responsible for maintaining the confidentiality of your Account password. You are also responsible for all activities that occur in connection with your Account. You agree to notify us immediately of any unauthorized use of your Account. We reserve the right to close your Account at any time for any or no reason.

Your Account is for commercial use only, and you may not create or use an Account for anyone other than yourself and/or your business. We ask that you provide complete and accurate information when creating an Account in order to bolster your credibility as a contributor to the Service. You may not impersonate someone else, provide an email address other than your own, create multiple Accounts, or transfer your Account to another person without BMP HERO’s prior approval.

E. Communications from BMP HERO and Others.

By accessing or using the Service, you consent to receive communications from other users and BMP HERO through the Service or by other means such as emails, push notifications, text messages (including SMS and MMS), and phone calls. You may be charged by your phone carrier for certain communications such as SMS messages or phone calls. You agree to notify us immediately if your phone number(s) change or are disconnected.

5. CONTENT

A. Responsibility for Your Content.

You alone are responsible for Your Content, and once posted to BMP HERO, it cannot always be withdrawn. You assume all risks associated with Your Content, including its accuracy, quality, or reliability, and any risks associated with personal information you disclose.

B. Our Right to Use Your Content.

You grant us a worldwide, perpetual, non-exclusive, royalty-free, assignable, sublicensable, transferable license to use Your Content in various ways, including displaying, distributing, promoting, and incorporating it into other works.

C. Ownership.

As between you and BMP HERO, you own Your Content. We own BMP HERO Content, including all visual interfaces, graphics, design, compilation, computer code, and all other elements and components of the Service, excluding Your Content, User Content, and Third-Party Content.

D. Advertising.

BMP HERO may publicly display advertisements, paid content, and other information nearby or in association with Your Content. You are not entitled to any compensation for such advertisements.

6. REPRESENTATIONS AND WARRANTIES

You represent and warrant that:

You have read and understood our Content Guidelines.
You have read and understood our Privacy Policy. If you use the Service outside of the U.S., you consent to having your personal data transferred to and processed in the U.S.
You will not violate these Terms or any third-party rights.

7. ADDITIONAL POLICIES AND TERMS

A. Copyright and Trademark Disputes.

You agree to follow our Infringement Policy in notifying us about copyright and trademark disputes concerning User Content.

B. Additional Terms.

Your use of the Service is subject to any and all additional terms, policies, rules, or guidelines we may post on or link to from the Service. All such Additional Terms are incorporated by reference into these Terms.

8. SUGGESTIONS AND IMPROVEMENTS

By sending us any ideas, suggestions, or proposals ("Feedback"), you agree that:

Your Feedback does not contain third-party confidential or proprietary information.
We may have something similar to the Feedback already in consideration.
You grant us a non-exclusive, royalty-free, perpetual license to use the Feedback.

9. THIRD-PARTY CONTENT AND SERVICES

We are not responsible for the availability, accuracy, or content of any third-party services or content linked or posted on the Service.

10. INDEMNITY

You agree to indemnify BMP HERO and its affiliates, subsidiaries, officers, directors, employees, and agents from any claims, damages, and expenses arising from your use of the Service or your violation of these Terms.

11. DISCLAIMERS AND LIMITATIONS OF LIABILITY

The Service is provided "as is," without warranties or conditions of any kind. BMP HERO’s liability to you for any damages shall not exceed the amount paid by you for the Service in the preceding 12 months.

12. ARBITRATION, DISPUTES, AND CHOICE OF LAW

A. U.S. and Canadian Residents:

All disputes must be resolved by binding arbitration, except for certain excluded claims, which can be brought in small claims court or for intellectual property disputes.

B. Non-U.S./Canadian Residents:

Disputes are subject to the laws of the State of Nevada.

13. TERMINATION

You may terminate these Terms by closing your Account. BMP HERO may suspend or terminate your access at any time for any or no reason.

14. GENERAL TERMS

We reserve the right to modify, update, or discontinue the Service at our discretion. The Terms contain the entire agreement between you and BMP HERO regarding the use of the Service.

15. OFFICIAL RULES FOR BMP HERO PRIZE DRAWINGS

By participating in a prize drawing, entrants agree to abide by these Official Rules and the decisions of BMP Hero, LLC, which are final and binding in all matters related to the Drawing.

A. Eligibility

Drawings are open to all legal residents of Colorado, who are at least 18 years of age or older at the time of entry with requisite power and authority to enter into these Terms. Employees of BMP Hero, LLC and its affiliates, subsidiaries, and their immediate family members are not eligible to enter or win.

B. How to Enter

To enter a Drawing, participants must select ‘Claim Your Course’ on BMPHero.com by following the necessary steps to do so. Claims will be verified through BMP Hero's system to ensure eligibility. No purchase is necessary to enter or win. Participants may enter only once, and each entry must be received by 11:59pm EST the day prior to the drawing.

C. Entry Period

The entry period begins at 11/1/2024 and ends at 5/30/2025. Entries received after the closing date will be disqualified.

D. Prize

The winner(s) of a Drawing will receive one or more prizes selected at random from a range of prizes. The total approximate retail value of the prize(s) will vary, with examples of prize categories including, but not limited to:

Products or merchandise valued between $100.00 and $750.00
Other miscellaneous prizes with a value of $100.00 to $750.00

The total approximate retail value of the prize(s) will depend on the selection made for the winner(s).

The prize is non-transferable and cannot be exchanged for cash or other alternatives, except at the sole discretion of BMP Hero, LLC.

E. Winner Selection and Notification

Winners will be selected at random from all eligible entries received during the entry period. Drawings will take place during the entry period, and the winner(s) will be notified by email/social media within 3 business days after the drawing. If a winner does not respond within 7 days from the notification, the prize will be forfeited, and an alternate winner may be selected.

F. Odds of Winning

The odds of winning depend on the total number of eligible entries received during the entry period.

G. Taxes

The prize(s) may be subject to applicable federal, state, and local taxes. The winner(s) will be required to provide BMP Hero, LLC with their taxpayer identification number and any other information necessary for tax reporting purposes. BMP Hero, LLC will issue a [Form 1099] to the winner(s) if the prize(s) exceeds $600 in value.

H. Publicity

By entering a Drawing, participants grant BMP Hero, LLC the right to use their name, likeness, and city/state of residence for promotional purposes without further compensation, unless prohibited by law. Winners may be required to sign an affidavit of eligibility and a liability/publicity release before claiming the prize.

I. Privacy

All personal information provided by entrants will be used only for the purpose of administering the Drawing and as described in BMP Hero, LLC Privacy Policy.

J. General Conditions

BMP Hero, LLC reserves the right to cancel, suspend, or modify the Drawing if fraud, technical failures, or any other factor beyond its control that impairs the integrity of the Drawing. In such an event, BMP Hero, LLC Group may, at its discretion, select the winner(s) from all eligible entries received prior to the event causing the suspension.

By entering a Drawing, participants agree to release, discharge, and hold harmless BMP Hero, LLC, its affiliates, and their respective directors, officers, employees, and agents from any and all claims, damages, or liability arising from participation in a Drawing or the acceptance, use, or misuse of the prize(s).

K. Limitation of Liability

BMP Hero, LLC is not responsible for any technical errors or failures, such as the inability to submit an entry due to internet issues, system failures, or other circumstances beyond its control. BMP Hero, LLC is also not responsible for lost, late, or misdirected entries.

L. Governing Law

Drawings are governed by the laws of the Nevada. Any legal disputes related to a Drawing shall be resolved in the courts of Nevada and entrants consent to the exclusive jurisdiction and venue of such courts.

M. No Purchase Necessary

A purchase will not increase the participants chances of winning. A Drawing is not a lottery and does not require any consideration to enter.

N. Winner’s List

To obtain the name(s) of the winner(s), send a written request to BMP Hero, LLC, within 30 days after the Drawing date.