Terms & Conditions

Terms and Conditions

Welcome to the website and mobile application of Behind the Knife LLC ("Behind the Knife", "we" or "us"). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these "Terms and Conditions"), govern your access to and use of (i) any website, domain or subdomain for access to and use of components of the service made available by us, including without limitation behindtheknife.org (collectively, the "Websites"), (ii) any mobile software applications for access to and use of components of the service made available by us, including without limitation iOS and Android (collectively, the “Apps”), and (iii) any content, service, features, functionality, user interfaces and software available on or through or associated with the Websites and the Apps, whether as a guest or registered user. As used in these Terms and Conditions, the “Service” or our “Service” means the Websites, the Apps and any content, service, features, functionality, user interfaces and software available on or through or associated with the Websites and the Apps.

Please read the Terms and Conditions carefully before you start to use the Service. By using the Service or by clicking to accept or agree to the Terms and Conditions when this option is made available to you, you accept and agree to be bound and abide by these Terms and Conditions and our Privacy Policy found at behindtheknife.org which is incorporated herein by reference. If you do not want to agree to these Terms and Conditions or our Privacy Policy, you must not access or use the Service.

The Service is offered and available only to users who are 18 years of age or older. By using the Service, you represent and warrant that you are of legal age to form a binding contract with us. If you do not meet this requirement, you must not access or use the Service.

Disclaimer

Content available through the Service, such as video files, audio files, graphics, images, transcripts, text and information, is purely for educational purposes and does not constitute, and is not intended to constitute, medical advice or treatment advice by us. We do not diagnose patients, treat patients, or offer patient-specific medical advice or treatment advice.

Content available through the Service is intended for current or prospective healthcare professionals or medical students. The Service is not meant to serve as a substitute for your own clinical judgment as a healthcare professional or medical student. If you are a consumer who chooses to access the content available through the Service, you should not rely on that information as medical advice or treatment advice or use it to replace any relationship with your qualified healthcare professional. For medical concerns, consumers should always consult their qualified healthcare professional. If you are a healthcare professional, you should exercise your professional judgment in evaluating any content available through the Service, and we encourage you to confirm the content available through the Service with other sources. If you are a consumer, you should evaluate the content available through the Service with your qualified healthcare professional.

At times, content available through the Service may need updating to reflect new advances or information in the medical field. Use of the Service is only a general guide, and only intended to be a general guide, and cannot be substituted for professional healthcare advice.

The opinions of Behind the Knife shared on the Service are those of Behind the Knife and/or individual hosts and do not necessarily reflect the opinions of any medical institution or association.

Under no circumstances shall Behind the Knife or its managers, members, employees, agents, affiliates, licensors, contributors or associates be liable for damages arising from the use of content available through the Service. By engaging with content of the Service, you are agreeing to these terms.

You are Responsible for:

Making all arrangements necessary for you to have access to the Websites and the Apps.
Ensuring that all persons who access the Service through your Internet connection or on your behalf are aware of these Terms and Conditions and comply with them.

To access the Service or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Service that all the information you provide to us is correct, current, and complete. You agree that all information you provide to register for the Service or otherwise, including but not limited to through the use of any interactive features on the Service, is governed by our Privacy Policy and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Service or portions of it using your username, password or other security information. You agree to notify us immediately of any unauthorized access to, or use of, your username or password or any other breach of security.

We reserve the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason. This right to disable includes if, in our opinion, you have provided any other person with access to the Service or portions of it using your username, password or other security information or you have otherwise violated any provision of these Terms and Conditions and in these circumstances, you shall not be entitled to a refund of any amounts paid for premium content except as required by law.

Premium Content

Some content available on the Service is premium content, which is only accessible upon paying the applicable charges for such premium content. You agree to pay the applicable charges for all premium content items or products ordered through the Service as set forth in the order confirmation page ("Charges") in accordance with the terms set forth herein and any additional terms set forth on the Service, including on the order confirmation page.

You hereby authorize us or our billing agents or payment processors, as applicable, to charge your payment method on file for all Charges that become due and payable, plus any applicable taxes. You agree to provide us updated information regarding your credit card account upon our request, and any time the information earlier provided is no longer valid. If payment is not received by us from your credit card issuer, you agree to pay all amounts due upon demand by us.

Any applicable taxes and similar fees now in force, enacted or imposed in the future on the transaction, delivery of the Service, including any sales, use or value added taxes, goods and services tax, consumption tax, customs duties or similar charges, but excluding withholding taxes and taxes solely based on our net income, will be added to the Charges and you shall be responsible for payment of all such taxes, duties and charges, and any related penalties and interest arising from the payment of such amounts.

In some cases, an institution may purchase premium content for its personnel or students and pay the Charges. In those cases, both the institution and users are bound by these Terms and Conidtions.

Right to Access; Intellectual Property Rights

Subject to and conditioned upon your compliance with these Terms and Conditions, we hereby grant you a personal, non-exclusive, non-transferable, non-sublicensable, revocable right to access the Service only for your personal, non-commercial and educational use to access the content available through the Service. Your access to and use of the Service including without limitation the content available through the Service must further comply in all respects with all usage guidelines posted or otherwise communicated by us.

This includes any premium content available through the Service, where we similarly hereby grant you a personal, non-exclusive, non-transferable, non-sublicensable, revocable right to access such premium content only for your personal, non-commercial and educational use for the period specified on the order confirmation page.

The Service, including the Websites, the Apps and any content, premium content, information, services, features, functionality, user interfaces and software available on or through or associated with the Websites and the Apps (including without limitation any video files, audio files, graphics, images, transcripts, text and information and the design, selection and arrangement thereof), and all right title and interest in and to the foregoing, including all intellectual property rights, are owned by Behind the Knife and its licensors, and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. The Service is protected by U.S. and international copyright and other intellectual property laws and treaties. We reserve all rights not expressly granted to you in these Terms and Conditions.

License to Third Party Content

Behind The Knife displays certain content via the YouTube embedded player on Behind The Knife’s platforms. Any content that is provided by YouTube is subject to their terms of use and license requirements. Please review their terms of use that apply to license and usage terms. If third party content contains Behind The Knife-owned intellectual property, you are not permitted to publish, display, distribute or use these marks for any purposes without prior written authorization.

Podcasts

With respect to any MP3, MP4 audio files and XML files that are developed by Behind The Knife or are co-produced by Behind The Knife as a podcast, all rights to a podcast are as defined by the hosting provider, Behind The Knife and/or the applicable terms through a subscription, or via a third party hosting provider. However, in all instances Behind The Knife podcasts are available for personal, noncommercial use only.

Unless otherwise indicated, you may only use the content for personal, noncommercial purposes, provided that:

you do not modify or delete any of the podcast content nor individual audio files
you do not redistribute the audio files made available as part of the podcast
the use or display does not suggest that Behind The Knife promotes or endorses any third party causes, ideas, products or services
audio files made available for download are not to be reproduced, edited, re-transmitted, or in any way repurposed without prior consent from Behind The Knife.

Behind The Knife reserves the right to discontinue providing podcast(s) and to require that you cease accessing or using podcast(s) or any elements of the podcast(s) at any time for any reason.

Apple Store and Google Play Store

In addition to these Terms and Conditions, if the Apps are downloaded by you from the Apple App Store or Google Play Store, your use of the Apps is further subject to your compliance with the applicable Apple App Store or Google Play Store terms of use. These Terms and Conditions are between you and us only, and not with Apple Inc. (“Apple”), Google LLC (“Google”) or any other app store provider. Neither Apple nor Google are responsible for the Apps or the contents thereof and Apple and Google have no obligation whatsoever to furnish any maintenance and support services with respect to the Apps. We, and not Apple or Google, are responsible for addressing any claims from you or any third party relating to the Apps or your possession and/or use thereof. Apple, Google and their subsidiaries are third-party beneficiaries of these Terms and Conditions with respect to the applicable Apps.

Trademarks

The company name Behind the Knife LLC, the term Behind the Knife, the Behind the Knife logo, and any other names, logos, product and service names, designs, and slogans that we make available on the Service (the “Marks”) are property of Behind the Knife or its licensors. You must not use the Marks without the prior written permission of Behind the Knife. You will not remove or alter the Marks or any proprietary notices on the Service. The Marks may not be included in or as part of any registered corporate name, any other logo, or service or product name. You may not create any derivative works of the Marks or use the Marks in a manner that creates or reasonably implies an inaccurate sense of endorsement, sponsorship, or association with Behind the Knife. You will not otherwise use business names or logos in a manner that can mislead, confuse, or deceive any third party. All use of the Marks and all goodwill arising out of such use, will inure to Behind the Knife’s benefit.

Accessing the Service and Account Security

We will not be liable if for any reason access to all or any part of the Websites, the Apps or the Service is interrupted or unavailable at any time or for any period. This includes if access to premium content is interrupted or unavailable, and in such circumstances there shall be no refunds of any Charges paid for premium content except as required by applicable law. From time to time, we may restrict access to some parts of the Websites or the Apps, or the entire Websites or Apps, to users, including registered users. We reserve the right to amend, suspend, withdraw or terminate the Websites, the Apps and the Service, in our sole discretion without notice.

User Conduct and Obligations

In your use of the Service, you will not:

use, reproduce, modify, adapt, create derivative works from, sublicense, publicly perform, publicly display, distribute, sell, lease, rent, make, have made, assign, pledge, transfer or otherwise grant rights to the Service, except as expressly permitted under these Terms and Conditions;
reverse engineer, disassemble, decompile, translate, or otherwise attempt to derive trade secrets, algorithms, or the source code, architectural framework, or data records, within or associated with the Service;
interfere with or disrupt the integrity or performance of the Service, including by disrupting the ability of any other person to use or enjoy the Service;
provide use of the Service on a service bureau, rental or managed services basis, provide or permit other individuals or entities to create Internet "links" to the Service or "frame" or "mirror" the Service on any other server, or wireless or Internet-based device;
access the Service for the purpose of developing, marketing, selling or distributing any product or service that competes with or includes features substantially similar to the Service;
violate any applicable local, state, provincial, federal or international law or regulation, or use the Service for any illegal, unauthorized or otherwise improper purposes, including to store or transmit malicious code, or to store or transmit material in violation of third-party privacy rights;
remove or obscure any proprietary notice that appears within the Service;
impersonate any person or entity, including our personnel, or falsely state or otherwise misrepresent your affiliation with us, or any other entity or person;
forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Service;
take any action that imposes an unreasonable or disproportionately heavy load on the Services or its infrastructure;
use spiders, crawlers, robots, scrapers, automated tools or any other similar means to access the Service; or download, reproduce, or archive any substantial portion of the Service.
take any actions prohibited under the heading “Podcasts”;
take any actions that are not in compliance with these Terms and Conditions; or
upload, post, email, store, transmit, or otherwise make available any content that:

is illegal, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, indecent, abusive, offensive, violent, inflammatory, libelous, invasive of another's privacy, hateful, or otherwise objectionable;
may not be made available under any law or under contractual or fiduciary relationships (such as confidential or proprietary information learned as part of an employment relationship or under a non-disclosure agreement);
infringes any patent, trademark, trade secret, copyright, or other proprietary right of any party;
contains any personally identifiable information, including protected health information (PHI), as defined by the HIPAA Privacy Rule, located at 45 CFR Part 160 and Subparts A and E of Part 164;
promotes sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
consists of unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, commercial electronic messages, or any other form of solicitation;
gives the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case;
contains software viruses or any other code, files or programs designed to interrupt, destroy or limit the functionality of any software or hardware;
contains infringing, libelous, or otherwise unlawful or tortious material; or
consists of information that you know or have reason to know is false or inaccurate.

Our failure to enforce any of these obligations shall not act as a waiver for any future enforcement, will not be considered a breach of these Terms and Conditions by us, and does not create a private right of action for any other party.

If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Service in breach of the Terms and Conditions, your right to use the Service will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Service or any content on the Service is transferred to you, and all rights not expressly granted are reserved by us. Any use of the Service not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may violate copyright, trademark and other laws.

Updates

We may from time to time in our sole discretion develop and provide App updates, which may include upgrades, bug fixes, patches and other error corrections and/or new features (collectively, including related documentation, “Updates”). Updates may also modify or delete in their entirety certain features and functionality. You agree that we have no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. Based on your Mobile Device settings, when your Mobile Device is connected to the Internet either:

(a) the Apps will automatically download and install all available Updates; or

(b) you may receive notice of or be prompted to download and install available Updates.

You shall promptly download and install all Updates and acknowledge and agree that the Apps or portions thereof may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of the Apps and be subject to all of these Terms and Conditions.

Third Party Materials

The Service may display, include or make available third-party content (including data, information, applications and other products services and/or materials) or provide links to third-party websites or services, including through third-party advertising (“Third Party Materials”). You acknowledge and agree that we are not responsible for Third Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. We do not assume and will not have any liability or responsibility to you or any other person or entity for any Third Party Materials. Third Party Materials and links thereto are provided solely as a convenience to you and you access and use them at entirely at your own risk and subject to such third parties’ terms and conditions.

Monitoring and Enforcement

We have the right to:

Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates these Terms and Conditions, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Websites or the Apps public or could create liability for Behind the Knife.
Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Websites or the Apps.

Terminate or suspend your access to all or part of the Websites for any or no reason, including without limitation, any violation of these Terms and Conditions.
Notify your educational institution of potentially infringing or violative content posted by you, or potential acts of fraud.

Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Websites or the Apps. YOU WAIVE AND HOLD HARMLESS BEHIND THE KNIFE AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR BECAUSE OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

However, we do not undertake to review all material before it is posted on the Websites or the Apps, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from the Service infringe your copyright, you may request removal of those materials (or access to them) from the Service by submitting written notification to our Copyright Agent (designated below). In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) ("DMCA"), the written notice (the "DMCA Notice") must include substantially the following:

The physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Service, a representative list of such works.
Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).

A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.
A statement that the information in the written notice is accurate.
A statement, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Our designated Copyright Agent to receive DMCA Notices is:

Agent for Notice of Copyright Claim

Lisa Georgoff

hello@behindtheknife.org

If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective. Please be aware that if you knowingly materially misrepresent that material or activity on the Service is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.

Use of Artificial Intelligence

We intend to use artificial intelligence to transcribe episodes that are part of the content on the Service. The use of artificial intelligence for transcription is not fully accurate and can generate errors in the transcription process so all users should be aware that the transcriptions may contain errors.

Exam Guides and Materials

Some of our premium content are study guides or preparation materials for exams. There is no guaranty of success in passing an exam from use of these guides and materials.

Reliance on Information Posted

The content presented on or through the Service is made available solely for general information purposes and is intended for current or prospective healthcare professionals or medical students. We do not warrant the accuracy, completeness, or usefulness of this content. Any reliance you place on such content is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such content by you or any other visitor to the Service, or by anyone who may be informed of any of its contents.

The Service may include content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators, and reporting services. All statements and opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by us, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Behind the Knife. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

Changes to the Service

We may update the content on the Service from time to time, but its content is not necessarily complete or up to date. Any of the material on the Service may be out of date at any given time, and we are under no obligation to update such material.

Privacy and Consent to Share Certain Information

All information we collect on the Service or otherwise is subject to our Privacy Policy. By using the Service,, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

The Service does not collect any personally identifying information about you except when you expressly provide it. You agree that we can use your personal identifying information for editorial, promotional, or marketing purposes, unless you request that your information not be used in such manner.

Links from the Service

The Service may include or provide access to third party products, services, content, or offerings, including advertising for such (“Third Party Services”). You acknowledge that different terms of service and privacy policies may apply to your use of such Third Party Services and that such terms and policies are solely between you and the advertiser or other third party. You agree that we do not endorse and are not responsible or liable for any issues related to Third Party Services.

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the Service will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SERVICE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON THE SERVICE, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE SERVICE, INCLUDING ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICE IS AT YOUR OWN RISK. THE SERVICE, INCLUDING THE OR ITEMS OBTAINED THROUGH THE SERVICE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER WE NOR ANY PERSON ASSOCIATED WITH US MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SERVICE. WITHOUT LIMITING THE FOREGOING, NEITHER WE NOR ANYONE ASSOCIATED WITH US REPRESENTS OR WARRANTS THAT THE SERVICE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

YOU FURTHER UNDERSTAND AND AGREE THAT WE SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY INTERRUPTION, MALFUNCTION OR FAILURE OF HOSTING SERVICES AS APPLICABLE TO THE SERVICE, ANY DOWNTIME THAT MAY BE EXPERIENCED RELATED TO MAINTENANCE, OR ANY OTHER INACCESSIBILITY.

WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability

IN NO EVENT WILL WE, OUR AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE SERVICE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

You agree to defend, indemnify and hold harmless us, our affiliates, licensors and service providers, and our and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms and Conditions or your use of the Service, including, but not limited to, your User Contributions, any use of the content, services and products made available on the Service, other than as expressly authorized in these Terms and Conditions or your use of any information obtained from the Service.

Changes to the Terms and Conditions

We may revise and update these Terms and Conditions from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Websites thereafter.

Your continued use of the Service following the posting of revised Terms and Conditions means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.

Waiver of Class Action Rights

BY ENTERING INTO THESE TERMS, YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO JOIN CLAIMS WITH THOSE OF OTHERS IN THE FORM OF A CLASS ACTION OR SIMILAR PROCEDURAL DEVICE. ANY CLAIMS ARISING OUT OF, RELATING TO, OR CONNECTED WITH THESE TERMS MUST BE ASSERTED INDIVIDUALLY.

Governing Law and Jurisdiction

All matters relating to the Service and these Terms and Conditions and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Ohio, without giving effect to any choice or conflict of law provision or rule.

Any legal suit, action or proceeding arising out of, or related to, these Terms and Conditions or the Service shall be instituted exclusively in the federal courts of the United States or the courts of the State of Ohio in each case located in the State of Ohio although we retain the right to bring any suit, action or proceeding against you for breach of these Terms and Conditions in your place of residence or any other relevant place. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS AND CONDITIONS OR OUR SERVICE MUST BE COMMENCED WITHIN TWO (2) YEARS AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Waiver and Severability

No waiver by us of any term or condition set forth in these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of us to assert a right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision.

If any provision of these Terms and Conditions is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms and Conditions will continue in full force and effect.

Entire Agreement

The Terms and Conditions and our Privacy Policy constitute the sole and entire agreement between you and us with respect to the Service and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Service.

Your Comments and Concerns

All feedback, comments, requests for technical support and other communications relating to the Service should be directed to: hello@behindtheknife.org.

Behind the knife