HumBo Price Checker
HumBo Price Checker

Terms of Use

This Website’s Terms of Use was last updated on April 1, 2025.

By electronically selecting a designated option (such as clicking a button or checking a box), using any online mechanism, or accessing or utilizing https://bitsbody.com (the “Website”) in any manner—including all associated subdomains and pages operated by us—you (“you,” or “your,” or “user”) expressly confirm and agree to these Terms of Use (the “TOU”). This TOU, along with any additional terms included in the Addendum Provisions (collectively referred to as the “Agreement”), governs your access to and use of the Website and its content, provided by BitsBody LLC, a Delaware limited liability company, including its successors and assigns ("we," "us," or "our").
By accessing or using the Website, you further confirm that you have read, fully understood, and agree to the terms set forth herein, forming a legally binding Agreement with us, either personally or as an authorized representative of a legal entity. If you do not agree to these terms, you are prohibited from using the Website. Our Privacy Policy, along with other separate policies, notices or disclaimers displayed on the Website, are hereby incorporated into this Agreement by reference.

Privacy Policy Consent

By using this Website, you consent to our collection, use, and storage of any personal information you provide through your use of this Website, pursuant to the terms set forth in our Privacy Policy. You also acknowledge that you have read, understood, and agreed to these Privacy Policy terms by submitting any personal information on this Website.

Additional Provisions

We may offer products and/or certain services through this Website under additional terms and conditions specified in one or more separate agreements with you, as attached hereto, incorporated herein by reference, or provided in connection herewith, including but not limited to attachments, exhibits, annexes, and schedules (collectively referred to as the "Addendum Provisions"). The Addendum Provisions shall supplement, not alter or supersede, the terms of this Agreement, except where explicitly stated otherwise. The terms governing your purchase and use of any products and/or services we provide through this Website are exclusively defined in the Addendum Provisions. In the event of a conflict between this Agreement and the Addendum Provisions, the Addendum Provisions shall prevail.

Modifications

We may, at our sole and absolute discretion, modify the terms of this Agreement from time to time. We will post notice of any such changes on the Website prominently and/or notify all registered users the next time they login after the any changes are effective. Notwithstanding this, you agree to periodically review this TOU to stay informed of the current terms and conditions governing your use of this Website and Materials. If you object to any such modifications made by us, your sole remedy shall be to discontinue using this Website. By continuing to use this Website after notice of changes has been posted, you acknowledge and agree that such continued use constitutes your acceptance of all amendments.

Limited License to Use this Website

You are granted a single, non-exclusive and revocable license to view the content on this Website, including any logos, text, graphics, headers, banners, images, coding, tags, videos, audio recordings, podcasts and similar recordings, applications, files, and any other separate website elements made available to you (collectively referred to as "Materials"). You acknowledge and agree that no joint venture, partnership, employment or agency relationship exists between you and us as a result of this Agreement or your use of this Website. Additionally, you are solely responsible for obtaining and maintaining all equipment and services needed for your access to and use of this Website, as well as for all associated charges.

Prohibited Access for Persons Under the Age of 18

If you are under the age of 18, you are prohibited from using any part of this Website and you must leave immediately. If you are parent/guardian, please review our Privacy Policy for important information related to how we collect and use information from Website visitors and customers.

Children Online Protection Act Notification

Pursuant to 47 U.S.C. Section 230 (d), as amended, we hereby notify you that parental control protections—such as computer hardware, software, or filtering services—are commercially available to assist you in limiting access to material that may be harmful to minors. Additional helpful information and resources are available at the website https://www.webwisekids.org/parents-teachers-helpful-links.html. For details regarding policies and practices about concerning the collection and disclosure of information from our Website visitors, please refer to our Privacy Policy.

General Use Restrictions

As a condition of your access and use of this Website, you agree that:
(a) You will only use this Website and its Materials solely for personal, non-commercial purposes;
(b) You will not use this Website in any manner that could damage, disable, overburden, or impair its functionality or interfere with another user’s ability to access and enjoy the Website, including refraining from uploading or introducing files containing viruses, corrupted files, or any similar software or programs that may cause damage or disrupt any computers, servers or network;
(c) You will not engage in any unauthorized use of the Materials that infringes upon copyright laws, trademark laws or the laws of privacy and publicity of others;
(d) You will not use data mining, robots, or engage in any "harvesting” or similar data gathering or extraction methods in connection with this Website; and
(e) You will not attempt hacking or unauthorized access to any portion of this Website.
Additionally, you agree to comply with all applicable laws and regulations of the United States, as well as any relevant international treaties, laws or regulations governing your use of this Website. Any use of this Website for the above-prohibited purposes is strictly forbidden. Further restrictions on use are set forth within this Agreement.

Compliance with Applicable Laws

We make no representation regarding the appropriateness or availability of the Materials on this Website for use in your jurisdiction. You are solely responsible for ensuring compliance with local laws in your jurisdiction or territory, as applicable. Accessing and using this Website from any jurisdiction where the Materials are illegal is strictly prohibited, and we disclaim all liability to you in such case.

Our Intellectual Property

All Materials on this Website are either owned by us or licensed to us and are protected by our proprietary rights. Commercial use of any of the Materials on this Website is strictly prohibited. Except as otherwise stated, no Materials may be saved, downloaded, copied, reproduced in any electronic, digital or mechanical format, or medium–including through photocopying—or disseminated, distributed, re-published or used for any public display or performance, in any form or manner, without our prior written consent. We reserve the right to limit the amount of Materials displayed on this Website. You are prohibited from, modifying or altering any copyright notices, proprietary information, or trademarks associated with the Materials. In addition, the "look and feel" of this Website—including its unique combination of colors, page headers, graphics, icons, images and scripts—is considered valuable trade dress and may not be copied, imitated, or used, in whole or in part, by you without our prior written permission. This Website and all its elements are protected under United States copyright laws. You may not engage in any "framing" of any page or portion of this Website or its Materials. Some Materials on this Website may include embedded video, audio recordings, podcasts, and other similar downloadable media files. These files are owned by us unless explicitly stated otherwise. Additionally, this Website may contain embedded media from external servers or third-party websites such as YouTube.com or Google Video. Regardless of their hosting source, all such embedded media remain owned by us.

External Links Policy

You are granted to link to this Website, including "deep linking" to specific web pages within this Website. However, you agree to comply with the following conditions at all times:
(a) Text Links Only: You may only use a text link to link to this Website as it appears on your website. You may not use any trademark, logo, or "image link” incorporating any Materials from this Website using any of the Materials;
(b) No Scraping: You must refrain from any "scraping" of the Materials by any means, including extracting content and reformatting, aggregating, or redistributing it in any manner other than its complete and original format);
(c) No Framing: You may not engage in any "framing" of any pages on this Website, including copying, displaying, embedding any portions thereof using in-line links or by any other methods; and
(d) Full Display of Pages: You agree to display any web page from this Website in its entirety including all trademarks, advertisements, banner ads, and other promotional materials. The webpages must remain unaltered and free from any additional content not included on the original webpage, including any frames, borders, margins, designs, logos, branding, third-party trademarks, or other advertising or promotional materials not displayed on the original webpage.
We reserve the right, in our sole discretion, to revoke your permission to link to any webpage on this Website at any time. Any external links to this Website that do not comply these terms are strictly prohibited. Notwithstanding the foregoing, neither you nor any of your employees, agents, affiliates, or any other associated parties may link to this Website from any website penalized or de-indexed by Google or other major search engines due to the website's content, spam practices, malware/viruses, or other violations of search engine policies. Should any such third-party website link to this site, you agree to immediately remove the link and ensure that no further harm or penalties—such as reduced search engine rankings, are incurred due to the existence of the link.

Registration and Termination of Access

At times, we may require you to register and/or create an account in order to access and use certain portions of this Website. Upon registration and creation your user account, it is your sole responsibility to maintain the security and confidentiality of your account information, including your user ID and password. You agree to provide truthful, accurate, current, and complete information during registration and to keep this information updated through your use of this Website.
We are not responsible for and shall be not liable for any misuse or unauthorized access your account, including your login credentials. You are strictly prohibited from sub-licensing, transferring, selling, or assigning any rights of use and access associated with your account to any third party. You represent and warrant that you shall not allow unauthorized usage.
You must be the sole user of the account and agree not permit others to use or access restricted portions of this Website via your account credentials. You bear full liability and responsibility for all actions taken under your account, including but not limited to, unauthorized use by third parties. If your account information is stolen or otherwise compromised, you must promptly take action to address the breach, changing your account information or canceling your account. We reserve the right to require you to update your password if we believe it has been compromised.
We retain the right, at our sole discretion, to terminate, suspend, or modify your account and access all or portions of this Website at any time, with or without prior notice. You may choose to discontinue your registration and access to this Website at any time. If you breach any terms of this Agreement, your rights to access and use this Website or any Materials shall be immediately terminated, with or without notification. In such cases, you must destroy any downloaded or printed Materials (including all copies thereof).
When creating a user account on this Website, we may collect certain Personally Identifiable Information (“PII”) about you, including but not limited to, your email address. The handling of this information is governed by our Privacy Policy, available on this Website. Any individual using your account and login credentials will be conclusively deemed to have actual authority to perform transactions on this Website. You hereby agree and acknowledge that all transactions conducted under your account credentials are authorized by you. Additionally, you agree to indemnify, defend, and hold us harmless from any claims or damages arising from or relating to any such transactions.

Trademarks and Service Marks Notice

All logos, trademarks, trade names, service marks, and any other marks or logos posted on this Website, whether marked or unmarked, are either owned by us, our affiliates or subsidiaries, or third parties. No trademarks, trade names, service marks, or similar content posted on this Website may be used without the prior written consent of their respective owner.
We retain all rights, ownership, title, and interest in all trademarks, trade names, and service marks contained on the Website that are owned by us. This remains applicable regardless of whether such protections are registered under State or Federal law.
Any use of metatags or other tags or text not openly visible on this Website, but that utilize our name, trademarks, service marks, or the names of any products or services we offer, without our prior written permission, is strictly prohibited.
You are expressly prohibited from engaging in "co-branding” this Website with any third-party website, product, or business. This includes copying any trademarks, logos, service marks, trade names, or Materials from this Website and displaying them on any other website in a manner that might lead viewers to reasonably conclude that such a website is, or could be, affiliated with this Website or its operator, or that it has permission to display the content from this Website.

User Content Policy

The following provisions set forth the restrictions, notices, and disclaimers governing your uploading, submission, or posting of any and all materials on this Website, including but not limited to posts, comments, images, graphics, photos, videos, audio recordings, text, ideas, or any written or electronic materials ("Content"). By accessing and using this Website and its services, you acknowledge and agree to comply with the terms and conditions set forth herein.
(a) User Representations and Warranties: You represent that you are the rightful owner, authorized licensee, or authorized user of all Content you upload. You further agree that you will not post, upload, publish, or distribute any Content that:(i) Harmful or Illegal Material: Contains abusive, defamatory, excessively violent, harassing, obscene, pornographic, profane, threatening, vulgar, objectionable, unlawful, or harmful material, including content that is harmful to minors; (ii) Legal Violations: Violates any statute, ordinance, regulation, or rule, or promotes conduct that violates the law; (iii) Privacy Violations: Contains personal information about any individual without consent or violates privacy rights;(iv) Misrepresentation & Infringement: Misrepresents affiliations, infringes copyright, trademark, patent, trade secret, or other intellectual property rights;(v) Malicious Software: Contains viruses, worms, Trojan horses, or any malicious programs that could harm or interfere with systems or devices; or(vi) False Information: Is materially false, misleading, or inaccurate.
(b) User Indemnification: You agree to indemnify, defend, hold harmless the operators of this Website, including employees, agents, and representatives, from any claims or actions arising from or relating to your Content or use of this Website. You are responsible for any judgements, expenses, court costs, and attorneys' fees incurred.You are solely responsible for all Content you upload, post, or share on this Website. It is your responsibility to create and maintain back-up copies of your Content, if desired. We disclaim any responsibility or liability for the deletion, inaccuracy, failure to store, or failure to transmit any Content. Additionally, we are not responsible for the security, privacy, or storage of any communications related to your use of our Website.
(c) Content Disclaimers: We assume no responsibility for the accuracy, reliability, legality of any Content uploaded or posted by you on this Website. Additionally, we are not obligated to investigate or verify the accuracy of the Content, nor ensure that it complies with applicable laws, or does not infringe upon the rights of any third-party, or does not result in harm or damages any third-party. We do not advocate or endorse any business, organization, product and/or service referenced, reviewed or otherwise discussed on this Website. Furthermore, we are not liable for damages occurring or arising from any Content posted or transmitted by you on this Website that may be defamatory, libelous, slanderous, false, obscene, pornographic, sexually explicit, profane, or otherwise in violation any law or the rights of any third-party. You acknowledge and agree that any reliance on Content on this Website—whether yours or others—shall be at your sole risk. All Content on this Website reflects the views of the user posting/uploading it and does not represent of this Website or its administrators. We shall not have any responsibility or liability for the deletion or accuracy of any Content, nor for failures in storing, transmitting, or receiving Content. Additionally, we cannot guarantee the security, privacy, or storage of communications related to your use of this Website.
(d) DMCA and Trademark/Service Mark Policy: We reserve the right to terminate your ability to submit, upload, or post any Content if you infringe the intellectual property rights of others. We will investigate notices of copyright infringement and take appropriate actions pursuant to the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) ("DMCA").
(e) Irrevocable License to Use Content: Any Content you submit, upload or post on this Website will be treated as non-confidential and non-proprietary. We reserve the right to edit or restrict of such Content on this Website at our sole discretion. While you retain all rights and title to your Content including any copyrights, you grant us an irrevocable, non-exclusive, royalty-free, perpetual license to use the Content for any purpose, including but not limited to reproduction, disclosure, transmission, publication, broadcast, and posting for commercial or non-commercial purposes. Furthermore, we are free to use any ideas, concepts, know-how, or techniques contained in your Content for any purpose without providing you with any compensation. You hereby acknowledge and agree that: (i) We reserve the right to edit, alter, or arrange your Content as we deem necessary, in our sole discretion; (ii) We are under no obligation to credit you as the creator or provider of the Content or to offer you any kind of compensation or consideration for its use or exploitation; (iii) You waive any moral rights that you may have in relation to the Content; and(iv) We may rely upon the rights granted herein and may incur substantial expenses in doing so if we choose to use the Content.
(f) Limited Editorial Control: We may, at our sole discretion, monitor or review Content to ensure compliance with this Content Policy. We reserve the right to terminate accounts, remove Content, or restrict uploading privileges if the Content violates these terms. We are a provider of "interactive computer services" under the Communications Decency (CDA) Act, 47 U.S.C. Section 230. We intend to comply with the requirements of the CDA and shall exercise any editorial control over any of the Content in a limited fashion in order to carry out the terms of this Content Policy and/or protect its interest or rights or those of any third parties. Our liability for defamation and other claims arising out of or in any way related to the Content shall be limited as described in the CDA. We shall not have any legal obligation to assume any editorial control over the Content.

Disclaimers and Limitations

(a) No Affiliation or Sponsorship: We do not advocate, endorse, or promote any business, organization, product, or service referenced, reviewed, or otherwise discussed on this Website. We are not affiliated or sponsored by any such third parties. Additionally, we do not distribute or encourage the use of any products or services mentioned or identified on this Website. Any references or identifications are strictly provided for informational purposes only. (b) External Links Disclaimer: This Website may include links to third party websites that are not owned or controlled by us. These links are provided solely for your convenience. We do not endorse, sponsor, or claim any affiliation with the content or operators of any third party’s website linked to this Website. By clicking on any external link, you acknowledge and agree that you are leaving this Website and that you will no longer be accessing any Materials or Content provided on this Website. We have no control over the content, reliability, or performance of third-party websites and are under no obligation to review or monitor their content. If you choose to visit a third-party website, you do so do entirely at your own risk. We disclaim any responsibility or liability, directly or indirectly, for:(i) The availability, reliability, or functionality of any third-party websites.(ii) Any damages or claims arising from use of such third-party websites including, but not limited to computer viruses, data loss, or transactions involving products or services offered on those websites.
(c) Intellectual Property Disclaimer: All references made on this Website to established trade names, trademarks, service marks, product names, or other third-party intellectual property are strictly for reference and identification purposes only. We claim no ownership, affiliation, or sponsorship with the owners of any referenced trademarks, trade names, service marks, or any specific goods or services mentioned on this Website.

WARRANTY DISCLAIMER

ACCESS AND USE OF THIS WEBSITE AND OF ANY MATERIALS PROVIDED ARE ENTIRELY AT YOUR OWN RISK. THIS WEBSITE AND ALL MATERIALS ARE PROVIDED "AS IS" AND WITH ALL FAULTS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, REGARDING YOUR USE OR THE PERFORMANCE OF THIS WEBSITE OR RELATING TO YOUR USE OF ANY OF THE MATERIALS IN ANY MANNER WHATSOEVER INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE MAKE NO WARRANTY REGARDING THE QUALITY, USEFULNESS, PERFORMANCE OR RELIABILITY OF THIS WEBSITE OR OF ANY MATERIALS OR THAT THIS WEBSITE OR ANY MATERIALS WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS OF USE OR THAT THIS WEBSITE WILL OPERATE UNINTERRUPTED, SECURE, ERROR-FREE OR THAT ANY DEFECTS WILL BE CORRECTED IN A TIMELY MANNER BY US. WE HAVE NO OBLIGATION TO UPDATE ANY OF THE MATERIALS OR OTHER INFORMATION CONTAINED ON THIS WEBSITE. WE DO NOT WARRANT THAT THIS WEBSITE OR ITS MATERIALS ARE APPROPRIATE, LAWFUL, OR COMPLIANT IN YOUR JURISDICTION, NOR THAT THIS WEBSITE OR ITS MATERIALS WILL BE FREE OF HARMFUL ELEMENTS SUCH AS VIRUSES, WORMS, TROJAN HORSES, OR OTHER MALICIOUS CODE.

LIMITATIONS ON LIABILITY

YOU ACKNOWLEDGE AND AGREE THAT WE SHALL NOT BE HELD LIABLE TO YOU UNDER ANY CIRCUMSTANCES FOR ANY DAMAGES, WHETHER DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, OR ANY OTHER DAMAGES OF ANY KIND INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS, REVENUES, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES ARISING FROM OR RELATING TO THE USE OF OR INABILITY TO USE THIS WEBSITE IN ANY MANNER WHATSOEVER INCLUDING YOUR USE OR RELIANCE ON ANY OF THE MATERIALS CONTAINED ON THIS WEBSITE OR CONTAINED ON ANY THIRD PARTY WEBSITE YOU ACCESS THROUGH THIS WEBSITE. WE SHALL NOT BE LIABLE TO YOU AS STATED HEREIN REGARDLESS OF THE CAUSE OF THE DAMAGES YOU MAY INCUR, WHETHER ANY DAMAGES WERE FORSEEABLE OR UNFORSEEABLE BY US, AND REGARDLESS OF THE NATURE OF ANY CLAIM, INCLUDING FOR BREACH OF CONTRACT, STATUTE LIABILITY, TORTS (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER TORT) OR FOR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE SAME. YOU FURTHER ACKNOWLEDGE THAT YOU MAY BE WAIVING RIGHTS RELATED TO CLAIMS THAT ARE UNKNOWN OR UNSUSPECTED AT THE TIME OF THIS AGREEMENT. ACCORDINGLY, YOU EXPRESSLY WAIVE THE BENEFIT OF AND YOUR RIGHTS UNDER ANY LAWS THAT MIGHT OTHERWISE LIMIT YOUR WAIVER OF SUCH CLAIMS, INCLUDING, IF APPLICABLE, CALIFORNIA CIVIL CODE $1542.

Exceptions to Disclaimers and Limitations

Certain jurisdictions may not permit the exclusion of specific warranties or the limitation of liability for particular types of damages. Accordingly, some of the above warranty disclaimers and limitations of liability may not apply to you. Where applicable laws prohibit the exclusion of implied warranty or the restriction of liability, our responsibility and the scope and duration of any required warranties shall be limited to the maximum extent permitted by those laws.

Medical/Health Information Disclaimer

The medical and health related information provided on this Website is solely intended for general information purposes and is not a substitute for professional medical advice. We make no guarantees regarding the accuracy, reliability, or completeness of the information available on or through this Website, as it is subject to change without notice.
We do not promote, endorse, recommend, or otherwise provide any opinions or make any representations concerning the effectiveness of treatments, course of actions, tests, health providers or products or services referenced on this Website. You are encouraged to verify any information obtained from or through this Website with your physician or other qualified medical professionals. Under no circumstances should you use or rely on information from this Website to delay seeking a diagnosis, medical treatment, or professional medical advice. We assume no liability under any circumstances for any type of damages, of any kind or nature, that may arise from any information or Material provided on this Website or reliance on its Content, including damages resulting from diagnoses, treatments, advice, services, or products mentioned on this Website.

Export Policy

You agree that no products sold or licensed through this Website may be purchased or used in violation of United States (U.S.) export or re-export laws and regulations including, but not limited to, the Export Administration Act, the Arms Export Control Act any other applicable U. S. Export Controls laws. You further acknowledge and agree that you may not export, re-export, or transfer any software or products obtained from this Website to:
(a) any U.S. embargoed countries, including but not limited to Cuba, Iran, Iraq, Libya, North Korea, or Syria, or or to nationals or residents of such countries; or
(b) any individual or entity listed on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders, the U.S. Department of Commerce Entity List, or the U.S. State Department Debarred Parties List.
You agree not to facilitate, permit, or authorize the transfer, of any restricted products to prohibited destinations or individuals in violation of any U.S. export laws. By purchasing, licensing or downloading software, technology, or products containing software or technology from this Website, you represent and warrant to us that you are not located in, under the control of, or a national or resident of any prohibited country and that you are not listed on any restricted party lists referenced above.

Generally Expected “Average Results”

Any claims, statements, examples, or representations about results achieved using any product or service available on this website may describe outcomes that are extraordinary or atypical. You should not rely on any such representation or expect to achieve similar results claimed or described on this Website. While we believe such results are possible and have occurred in certain cases, achieving similar outcomes depends on several factors, including your skills, effort, and determination, or individual circumstances, which may not align with the claims or testimonials presented. These factors are unpredictable and beyond our control. Therefore, we make no express or implied guarantees or warranties regarding the accuracy or attainability of any claims or representations made or contained on this Website. We assume no responsibility for your success or failure in achieving the stated results. You acknowledge and accept the sole responsibility for any reliance on endorsements, testimonials, or claims appearing on this Website.

Indemnification

You agree to indemnify and hold harmless us and our directors, officers, shareholders, members, managers, employees, agents, and attorneys (collectively referred to as the “Indemnified Parties”) from and against any and all claims, liabilities, legal proceedings, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of, in connection with, or relating to: (a) Your use of or interaction with this Website in any manner; (b) Your violation of the terms and conditions of this Agreement; (c) Your violation of any law; or(d) Any infringement of third-party rights that results in against us.
You further acknowledge and agree that we shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from or related to any actions indemnified hereunder.
If we determine that we may be entitled to indemnification under this Section, we shall notify you with written notice. Upon receiving such notice, unless instructed otherwise, you must promptly assume control of the defense and investigation of such action and handle and defend the same, at your sole cost and expense. Our failure to fulfill obligations under this Section does not release you from your indemnification responsibilities, except to the extent that you can demonstrate that such failure has caused material prejudice to your ability to fulfill those obligations. If you use counsel of your choosing, we reserve the right to participate in and monitor the proceedings at our own cost and expense using counsel of our own choosing. You further agree that you shall not settle or compromise any action subject to this Section unless the settlement: (a) fully and unconditionally releases the Indemnified Parties from all liability relating thereto; (b) does not materially impair the Indemnified Parties’ rights under this Agreement; (c) does not admit liability on behalf of any Indemnified Party unless agreed to in writing; and (d) does not impose any financial obligation on the Indemnified Parties without prior written consent. You shall not settle or compromise any such action without our consent, which will not be unreasonably withheld.
Notwithstanding any of the foregoing, if, after receiving notice, you fail to fulfill your obligations, we reserve the right to take necessary action to protect our interests and seek full reimbursement from you for all related costs. Additionally, we retain the right to assume exclusive control of the defense in any matter otherwise subject to indemnification by you and, in such cases, you agree to fully cooperate with us in the defense of such action. We shall maintain sole and absolute discretion over the strategy, control, and proceedings in which the defense is conducted.

Anti-Spam Policy

We are committed to adhering to the CAN-SPAM Act (15 U.S.C. Sec. 7701 et. seq.) at all times. We do not send any unsolicited SPAM or junk mail of any kind, including bulk email communications or single mailings. If you have registered to this Website or subscribed to receive materials from us and provided your email address, you may receive promotional emails relating to product offers, sales, contests, or similar topics. These communications are not considered unsolicited SPAM. You will always have the option to opt-out of receiving such communications from us. For details on how we use your information, please refer to our Privacy Policy.
No user, including any registered users, may use any information collected from this Website to send any unsolicited email communications or any emails in violation of the CAN-SPAM Act. Such activities are strictly prohibited and constitute a breach of these terms. We reserve the right to terminate the account of any registered user found to be in violation of this provision. If you wish to opt-out of receiving any promotional emails from us, or if you have any concerns or complaints regarding our email communications and policies, please contact us using the details provided in the Contac Us section of this Agreement.

Miscellaneous Terms

(a) Venue and Choice of Law: All claims, demands, controversies, or legal proceedings arising out of or related to this Agreement and/or your use of this Website shall be exclusively brought in a state or federal court located in Fresno County, State of California. By using this Website, you hereby expressly agree to submit to the personal jurisdiction of such courts and consent to extra-territorial service of process. Further, you waive any right to challenge the selection and choice of jurisdiction to these courts, recognizing this waiver as a valid consideration for granting you access to and use of this Website by you. This Agreement shall be construed and enforced in accordance with the laws of the State of California, excluding conflict of laws principles, and without regard to any applicable international laws, treaties or regulations. Notwithstanding the foregoing, to the extent permitted by applicable law and provided it does not invalidate this Section, we, at our sole discretion, reserve the right to initiate legal proceedings in the jurisdiction(s) where this Website is utilized by you, including any actions to enforce our intellectual property rights or recover payment for any damage.
(b) Arbitration: You agree to waive your right to bring any claims relating to this Agreement, except for claims to protect your intellectual property or your use of this Website, before a court of law or other legal tribunal. All such matters shall be resolved exclusively through binding arbitration. Except for action to protect intellectual property rights or to enforce an arbitrator's decision hereunder, any and all claims, disputes or controversies of any kind and nature--whether pre-existing, present, or future—between you and us, including our agents, employees, principals, directors, officers, shareholders, members, managers, successors and assigns, as applicable, arising from or relating to this Agreement, its interpretation, or its validity, shall be resolved exclusively by binding arbitration pursuant to the then-current rules of the American Arbitration Association ("AAA") and administered by the AAA. Notwithstanding the foregoing, to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in state or federal court provided under this Agreement.
Any arbitration proceeding shall take place and be heard exclusively in Fresno County, State of California. The arbitrator shall have the sole authority to grant any relief available under law or in equity and any award rendered shall be final and binding upon the parties, except that the arbitrator shall not have the authority to award punitive damages to either party. Any judgment of the arbitration award may be entered in any court with jurisdiction and the arbitrator may also award reasonable costs and fees, including attorney's fees and arbitration expenses, to the prevailing party, notwithstanding the then-current rules of the AAA.
(c) Export. In compliance with U.S. export laws and regulations, you agree to adhere to our Export Policy when exporting any materials or items licensed or purchased through this Website. You also agree to comply with all applicable international, national, state, regional and local laws, and regulations, including but not limited to import and use restrictions when re-exporting such items from one country to another.
(d) Notice. All notices or other communications ("Notice”) hereunder must be provided in writing and delivered by hand, facsimile or electronic mail if receipt is confirmed, reputable overnight courier or certified mail, return receipt requested, postage prepaid. Notices must be addressed to the recipient at the address as set forth in this Agreement, or such other address as designated by the recipient in compliance with this Section. Notices will be deemed received on the date of delivery for hand, facsimile or overnight courier delivery, or three (3) days after mailing for certified mail. A party may update its address for receiving notices by providing written notification to the other party.
(e) Force Majeure: The Website's performance under this Agreement may be delayed or suspended without constituting a breach of this Agreement, if such delay or failure arises from circumstances beyond our reasonable control, including but not limited to, acts of nature, actions of civil or military authorities, labor disputes such as strikes, fires, epidemics, pandemics, public health emergencies, government mandates, interruptions in telecommunication or internet services, malicious cyber-attacks including computer viruses, power outages, and governmental restrictions.
(f) Severability: Failure to enforce any provision of this Agreement shall not constitute a waiver of that provision, and shall be deemed restated to reflect the original intentions of the parties as closely as possible under applicable law. If any provision of this Agreement, in whole or in part, is deemed invalid, illegal, or unenforceable by a court or tribunal of competent jurisdiction, the validity, legality, and enforceability of the remainder of that provision, any other remaining provisions, and of the entire Agreement shall not in any way be affected or impaired thereby, and shall be interpreted, to the extent possible, to achieve the purposes originally expressed in the provision found to be invalid, illegal, or unenforceable. Each provision hereof is intended to be severable, ensuring that the validity, legality, or enforceability of any provision of this Agreement shall not affect the validity, legality, or enforceability of the remainder of this Agreement.
(g) Waiver: No provision of this Agreement may be waived or amended except through a written document signed by both parties. Any failure or delay by us to enforce any provision of this Agreement shall not be interpreted as a waiver of our right to enforce the terms hereunder. The failure or delay of either party to exercise any right or remedy provided for herein shall not be deemed a waiver of those rights or remedies. Any waiver by us of a breach of any provision of this Agreement by you shall not be construed as a waiver of any other or subsequent breach by you.
(h) Termination of Website Services: We reserve the right, at any time and in our absolute sole discretion, to modify or terminate this Website, including any Materials, products, services, or features offered by or through it, whether temporarily or permanently, with or without notice. You agree that we shall not be liable to you or to any third-party for any such modification or termination. These terms of use shall remain in full force and effect notwithstanding any termination of your access to or use of this Website.
(i) Headings/Construction: The headings and titles in this Agreement are provided for convenience only and shall not affect the meaning, interpretation, or construction of any provision. They neither define nor alter the rights or obligations of the parties hereunder and hold no legal or contractual significance. Each provision of this Agreement shall be construed and enforced independently, without regard to such headings or titles.
(j) Assignment: This Agreement, or any rights, benefits, or licenses granted hereunder, may not be transferred or assigned by you without our prior written consent, but may be assigned by us without restriction, including through operation of law, merger, acquisition, or other means. Any such attempted assignment by you shall be invalid and without effect.
(k) Entire Agreement: Except as provided in the Privacy Policy or any Addendum Provisions, the terms of this Agreement shall supersede and replace any and all prior and existing negotiations, understandings, and agreements, whether oral or written, between you and us regarding your access to and use of this Website. This Agreement constitutes the complete and exclusive agreement between you and us. This Agreement will be expressly incorporated by reference into each and every agreement between you and us regarding your access to and use of this Website, including any Addendum Provisions.

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We provide pre-built anatomical models via on-demand downloads for orthopedic modeling & simulation.

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© 2016-2025, BitsBody, LLC. All Rights Reserved.

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