Terms of service

Last Updated: January 2026

IMPORTANT NOTICE: THESE TERMS CONTAIN A BINDING ARBITRATION PROVISION AND CLASS ACTION WAIVER THAT APPLY TO ALL CLAIMS BROUGHT AGAINST CONTINUANCE. THEY AFFECT YOUR LEGAL RIGHTS AS DETAILED IN THE MANDATORY ARBITRATION AND CLASS ACTION WAIVER SECTIONS BELOW. BY ACCEPTING THESE TERMS, YOU AGREE TO BE BOUND BY THE ARBITRATION PROVISION AND CLASS ACTION WAIVER CONTAINED IN THOSE SECTIONS. PLEASE READ IT CAREFULLY.

OVERVIEW

We are Continuance LLC (along with our subsidiaries, “Continuance”, “we”, “us”, or “our”) and we operate a number of websites and other services under the brand names "Immortals", “Blueprint,” “Don’t Die,” and/or “Bryan Johnson” and any brands we develop in the future. These Terms of Service (“Terms”) govern access to and use of all of our websites that link to these Terms (each a “Site” and together the “Sites”) as well as the use of any mobile application that link to these terms (each an “App” and together the “Apps”) and all of our products, and services that we make available on the Websites and/or Apps including the Store as defined below (collectively, together with the Sites, the “Services”).

ACCEPTANCE OF TERMS

These Terms are a legally binding agreement. Our Privacy Policy is incorporated and forms a part of these Terms. Please review these documents prior to using the Services. To the extent allowed by applicable law, by using the Services, you agree to these Terms and our handling of your information as set forth in our Privacy Policy. If you don’t agree with these Terms or don’t want us to handle your information as set forth in our Privacy Policy, please don’t use the Services or visit a Site.

All references to “you” or “your,” as applicable, mean the person who accesses or uses the Services in any manner, and each of your heirs, assigns, and successors. If you use the Services on behalf of an entity, organization, or company, you represent and warrant that you have the authority to bind that entity to these Terms, your acceptance of the Terms will be deemed an acceptance by that entity, and “you” and “your” herein shall refer to that entity.

We reserve the right to change or update these Terms from time to time at our sole discretion. Except for changes to Section 19 which provides for binding arbitration, we reserve the right, at our discretion, to change, modify, add, or remove portions of these Terms any time by posting the amended Terms here with an updated “Last Updated” date above. Please review the Terms frequently for any changes. If the changes include material changes that affect your rights or obligations, we will notify you of the changes by reasonable means, which could include notification through the Services or via email. Your continued use of the Services following the effective date of any changes to these Terms constitutes acceptance of those changes. If you do not agree to the new Terms, you may not use the Services.

1. GENERAL CONDITIONS

We reserve the right to refuse to provide the Services to anyone for any reason at any time. We may change, add, or remove features, products, or functionalities, or we may also suspend or stop the Services altogether. We may take any of these actions at any time for any reason, with or without notice. We are not liable to you or to any third party for any modification, suspension, or discontinuance of the Services.

The Services, including the Sites and Apps, are not intended for children, and you must be at least 18 years old to use the Services. By agreeing to these Terms, you represent and warrant that (a) you are over 18 years old and at least the age of majority in your state or province of residence, or (b) you are the age of majority in your state or province of residence, and you have given us your consent to allow any of your minor dependents to use the Services.

You represent and warrant that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in these Terms or in the performance of such obligations will place you in breach of any other contract or obligation.

2. ACCESS TO SERVICES

To use some or all of our Services or certain features of the Services, you may need to create an account by providing information like a username, email, or password. You may not create an account unless you are 18 years of age or the age of majority in the jurisdiction in which you reside. Anyone who creates an account on our Sites is a “Registered User.”

You are solely responsible for maintaining the security and confidentiality of your account and you may not share your login information or transfer your account to another individual without our written permission. You are solely responsible and liable for all activity that takes place in connection with your account, including purchases, whether or not authorized by you. If you think your account has been compromised, you must notify us immediately. Continuance will not be liable to you for any loss or damage that occurs in connection with any unauthorized activity on your account.

In creating an account, you represent and warrant that (i) all information you provide is true, accurate, and correct, (ii) you will update your information as necessary to keep it accurate, (iii) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country, (iv) you are not on any list of individuals prohibited from conducting business with the United States (for example, the U.S. Treasury Department’s list of Specially Designated Nationals or any similar government agency list) nor do you face any other similar prohibition), and (v) you are not prohibited by law from using our Services. You may not impersonate someone else, create or use an account for anyone other than yourself, provide an email address other than your own, create multiple accounts except as otherwise authorized by us, or provide or use false information. You may not access the Services if we have notified you that you are prohibited from accessing the Services. We reserve the right to remove or reclaim any usernames at any time and for any reason, including but not limited to claims by a third party that a username violates a third party’s rights.

Our services are available in:  AL, AK, AZ, AR, CA, CO, CT, DE, FL, GA, HI, ID, IL, IN, IA, KS, KY, LA, ME, MD, MA, MI, MN, MS, MO, MT, NE, NV, NH, NJ, NM, NY, NC, ND, OH, OK, OR, PA, RI, SC, SD, TN, TX, UT, VT, VA, WA, WV, WI, WY

3. SUBSCRIPTION

Billing. We may charge a subscription fee for access to certain parts of the Services and such fees will be made clear during the order process. To use any Services that require a paid subscription, you must provide us with a valid form of payment, and you authorize us to charge such form of payment in connection with your subscription. All fees will be payable in accordance with our policies in effect at the time the fee becomes payable. Your subscription will continue for the period of time of the subscription plan that you selected and will automatically renew until terminated. You must cancel your subscription at least 24 hours prior to the end of your current subscription period in order to avoid billing of the subscription fees for the next billing cycle. Your billing will include your subscription fees and any applicable taxes and transaction fees. We may receive updated credit card information (new credit card number or updated expiration date) from your credit card issuer and may use these new details in order to help prevent any interruption to your subscription. If you would like to use a different payment method or if there is a change in payment method, please visit your account settings to update your billing information. If any subscription fee is not paid in a timely manner, or your transaction cannot be processed, we reserve the right to suspend, disable, cancel or terminate your access to the Services or cancel your subscription. You will be responsible for paying all past due amounts.

Free Trial. If the Services are offered as a paid subscription, your use of the Services may start with a free trial period. Any free trial period is at the sole discretion of Continuance, and we may limit eligibility or duration to prevent misuse. We reserve the right to terminate any free trial period at any time. We may charge you a subscription fee upon expiration of your free trial period. To view the subscription price, please access your account information when you login for the Services.

Cancellation. You can cancel your subscription at any time through the settings in your account. When you cancel a paid subscription, you cancel only future charges associated with your subscription, but the cancellation will become effective at the end of your current subscription period. In order to avoid future charges, you must cancel your subscription at least 24 hours prior to the end of your current subscription period. If you cancel, your right to use the subscription Services will continue until the end of your then-current subscription period (unless we provide you with a refund or otherwise allow you to use the unused portion towards another service or subscription) and will then terminate without further charges).

No Refunds. EXCEPT AS OTHERWISE STATED HEREIN OR REQUIRED BY APPLICABLE LAW, YOUR PAYMENT IS NONREFUNDABLE. If you cancel your subscription, you will not receive any refund and you will continue to have access to the subscription services through the end of the subscription period. We reserve the right to issue refunds, credits, or discounts at our sole discretion. If we issue a refund, credit, or discount, we are under no obligation to issue the same or similar refund in the future and we may terminate your subscription and access to the Services.

Suspension and Termination. We may terminate these Terms at any time. We may also suspend or terminate your subscription or the Services at our sole discretion for any reason or no reason and without any notice. We may do so, for example, for any conduct that Continuance, in its sole discretion, believes violates any applicable law, violates these Terms or is otherwise harmful to the interests of Continuance. If we terminate your subscription, we may, in our sole discretion, give you a prorated refund based on the amount of time remaining that you cannot use; provided, however, that we will not be obligated to grant you a refund if we terminate your account or your subscription because we determine, in our sole discretion, that your actions or your use of the Services violate these Terms, any applicable law, or has harmed another user of the Services (a “User”).

Changes to Subscription or Services. We may change the subscription terms or subscription fees at any time on a going forward basis in our discretion. If the pricing for your subscription increases, we will notify you and provide you an opportunity to change your subscription before applying those changes to your account or charging you in connection with an automatic renewal. We may choose in our sole discretion to add, modify, or remove benefits and features from a subscription. Your continued use of the Service after the changes become effective will constitute your acceptance of the changes. If you do not wish to continue subscribing with the new fees or features, you may cancel your subscription. If you accept the new subscription, its terms and conditions will apply for that renewal and all renewals going forward.

4. USER CONTENT; FEEDBACK

The Services may enable you to submit, post, upload, or otherwise make available through the Services content such as profile information, communications with other users, whether privately or made publicly available, video clips, photographs, public messages, ideas, comments and other content (collectively, “User Content”) that may or may not be viewable by other Users.

You acknowledge and agree that all User Content submitted under your account or in your name, whether publicly posted or privately transmitted, is your sole responsibility. This means that you, not Continuance, are entirely responsible for all User Content that you upload, post, share, email, transmit, or otherwise make available via the Services. You further agree that you have all required rights to submit, post, upload or otherwise use or disseminate such User Content without violation of any third-party rights. Under no circumstances will Continuance be liable in any way for any User Content.

You acknowledge that Continuance and its designees have the right (but not the obligation) in their sole discretion to pre-screen, refuse, permanently delete, undelete, modify and/or move any User Content available via the Services. Without limiting the foregoing, Continuance and its designees shall have the right to remove any User Content that violates these Terms or is otherwise offensive or objectionable in Continuance’s sole discretion.

The Services may provide you with the ability to designate certain User Content that you submit to the Services as private, public, or available only to select users of the Services. If you do not elect to designate your User Content as private or available for a limited group of users, or later change such designation to allow such User Content to be made available to anyone, you are responsible for the public nature of the content.

With respect to User Content you submit or otherwise make available on or to the Services, you grant Continuance an irrevocable, fully sub-licensable, perpetual, world-wide, royalty-free, non-exclusive license to use, distribute, reproduce, modify, adapt, create derivative works from, publish, translate, publicly perform and publicly display such User Content (in whole or in part), and to incorporate such User Content into other works, in any format or medium now known or later developed, including for marketing and advertising purposes.

You understand that by using the Services, you may be exposed to User Content that you may consider to be offensive or objectionable. You agree that you must evaluate, and bear all risks associated with, the use or disclosure of any User Content. You further acknowledge and agree that you bear the sole risk of reliance on any User Content available on or through the Services and that we disclaim all liability in connection with User Content. While you will have access to such User Content, it is not yours and you may not copy or use User Content for any purpose except as contemplated by these Terms. Without limiting the generality of the foregoing, you may not copy such User Content or use User Content for commercial purposes, to spam, to harass, or to make unlawful threats. We reserve the right to terminate your account if you misuse User Content of other Users.

Feedback. To the extent you submit any ideas, suggestions, proposals, plans, or other materials related to our business (“Feedback”), you acknowledge and agree that you are submitting that Feedback at your own risk and that Continuance has no obligation (including of confidentiality or privacy) with respect to your Feedback. Any Feedback will be considered non-confidential and non-proprietary to you. By submitting the Feedback, you grant to Continuance a non-exclusive, royalty-free, fully paid, unlimited, worldwide, sublicensable (through multiple tiers of sublicenses), perpetual, and irrevocable license, in any and all manner and media, whether now known or hereinafter invented or devised, to reproduce, license, distribute, modify, adapt, publicly perform, publicly display, create derivative works of (for example, translations, adaptations, or other changes), and otherwise use and exploit in any manner (including commercially), any and all Feedback, without compensation to you. You hereby waive any and all moral rights or “droit moral” that you may have in Feedback, and you represent and warrant that no third party has any moral, “droit moral” or other rights in the Feedback.

Artificial Intelligence. We may enable you to use tools powered by artificial intelligence to power certain features of the Services (“AI Tools”). These AI Tools will review inputs such as questions and other User Content to generate responses. AI Tools do not provide medical advice. AI Tools also may not be appropriate and may be inaccurate, offensive, infringing, and objectionable. Continuance provides the AI Tools as a convenience to you, and they are provided to you on an as-is basis with no representations or warranties of any kind, whether express or implied.

5. COMMUNITY FEATURES; ADDRESS BOOK

Connecting with other Users. The Services may have features designed to connect you with other Users, such as a forum, content feed, or messaging feature. As a neutral facilitator of such connections, Continuance is not directly involved in the actual interactions between Users. As a result, Continuance has no control over the truth, accuracy, quality, legality, or safety of postings made by Users, including any User Content. Continuance shall have no responsibility to confirm the identity of Users or any information about themselves that they submit. You should exercise common sense and good judgement when interacting with other Users.

Hosted Groups. One way our Services allow you to connect with other Users is to enable Users to form groups based on special interests, shared goals and the like (each group a “Don’t Die Group”). Each Don’t Die Group will have a host that will be responsible for managing the membership of the group, planning in-person events for the group and determining rules related to the group’s organization. While the Services facilitate the formation of Don’t Die Groups, we are not responsible for the actions or decisions of the hosts or the other members of a group. We reserve the right to revoke a host’s ability to manage a group and/or remove a group at any time.

If you are the host of a group, you are responsible for ensuring that your group (a) abides by these Terms of Service and (b) does not claim, suggest an affiliation with, or impersonate Continuance or any of our brands, whether by using our intellectual property or otherwise. Hosts hereby agree to indemnify and hold Continuance harmless from any and all claims arising out of its group.

Address Book. You can elect to use the contact upload feature in the Services and provide us, if permitted by applicable laws, with the phone numbers in your mobile address book. If you use this feature, you are authorizing us to collect the information in your mobile address book and check on a regular basis, the contacts in your address book, including Users of our Services and your other contacts. This feature allows us to check to see which of your contacts in your device’s address book are Users of the Services. You represent that you are authorized to provide any third party contact information that you provide to us, and that you are authorized to use such information to contact (including for us to contact on your behalf) the third party. You are solely responsible for your interactions with other Users. Continuance reserves the right, but has no obligation, to monitor disputes between you and other Users. In addition, Continuance disclaims all liability related to the activities of the Don’t Die Groups, and the actions of its members and hosts.

6. PROHIBITION ON USER CONTENT AND CODE OF CONDUCT

You must use the Services only in compliance with these Terms and applicable law. You may not do, attempt to do, enable, or encourage anyone else to do, anything illegal or (as determined by us) anything objectionable or inappropriate in connection with the Services and the User Content you share with us, including but not limited to the following:

  • Post, upload, create, publish, store, submit, transmit, or otherwise share any User Content that: (i) is confidential and for which you do not have all necessary rights to disclose or to grant us the license described above; (ii) may or does infringe, misappropriate, or violate a third-party’s patent, copyright, trademark, trade secret, moral rights, or other intellectual property rights, or rights of publicity or privacy; (iii) violates, or encourages any conduct that would violate, these Terms, the rights of any party, or otherwise create liability or violate any applicable local, state, national, or international law or regulation or would give rise to civil or criminal liability; (iv) is fraudulent, false, misleading, or deceptive; (v) impersonates or misrepresents your affiliation with, any person or entity or contains or depicts any statements, remarks, or claims that do not reflect your honest views and experiences; (vi) is defamatory, obscene, pornographic, vulgar, offensive, unlawful, libelous, indecent, lewd, suggestive, abusive, or inflammatory; (vii) promotes discrimination, bigotry, racism, hatred, harassment, or harm against any individual or group; (viii) is violent or threatening or promotes violence or actions that are threatening to any person or entity; (ix) promotes illegal or harmful activities or substances; or (x) contains any viruses, corrupted data, or other harmful, disruptive, or destructive files or content;
  • use the Services in violation of, or in connection with violating, any applicable law or any legal or contractual rights of us or any third party, or any obligations you may have to any party (including, without limitation, intellectual property rights, privacy or publicity rights, and confidentiality obligations);
  • reproduce, duplicate, copy, sell, resell or exploit any portion of the Services, or use of or access thereto;
  • interfere with, disrupt, or create undue burden on the Services or the networks or services connected thereto by any means;
  • crawl, scrape, or use other automated means like “spiders” and “robots” to access or collect data from the Services;
  • circumvent any of the Services’ security measures, reverse engineer any portion of Services, obtain any source code, or create back doors or any form of unauthorized access to the Services;
  • upload, email, or otherwise transmit any material that contains viruses, corrupted files, Trojan horses, worms, or any other computer code, software, files, or programs which might interrupt, limit, or interfere with the functionality of any computer software or hardware or telecommunications equipment or that may adversely affect the operation of the Services; or
  • use the Services in any way not specifically permitted by these Terms.

If you violate any provisions or restrictions of these Terms, we reserve the right, in our sole discretion and without notice to you, to terminate, delete, and/or deactivate your account, and/or block or limit your access to the Services. We are not liable to you or any third party for any termination of your account or access to the Services. Our failure to enforce this Section in some instances does not constitute a waiver of our right to enforce it in other instances. In addition, this Section does not create any private right of action on the part of any third-party or any reasonable expectation that the Services will not contain any User Content that is prohibited hereunder, and we disclaim all liability in connection with User Content that violates these Terms.

7. ACCURACY AND COMPLETENESS OF INFORMATION

We do not warrant that information made available on or through the Services is accurate, complete, reliable, error-free or current. Occasionally the Services may contain typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, offers, product shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information if any information in connection with the Services is inaccurate at any time without prior notice. We undertake no obligation to update, amend or clarify information in the Services, except as required by law.

8. MEDICAL DISCLAIMERS

The Services, any information or content on the Services, and any statements made on or in connection with the services are provided for general informational and educational purposes only, and it should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. This includes any statements on or in connection with the services about how any products, services, activities, etc. may affect your health. Any reliance on the materials on the Services is at your own risk.

Not all activities described as part of the Services are suitable for everyone. Do not use the Services while driving, operating heavy machinery, or performing other tasks that require attention and concentration. You are solely responsible for your use of the Services.

The Services are not intended to provide and do not constitute medical advice. For medical advice, please consult with a physician or other health professional. We do not claim our products or services will alleviate, heal, or cure any health condition or symptom. The Services, any information or content on the Services, and any statements made on or in connection with the services, are not meant to diagnose, treat, prevent, or cure any medical condition, and should not be used as a substitute for consulting a physician or other health professional. Any information that you find on the Services, on websites we link to, or that you otherwise receive in connection with the Services should be verified with your physician or other health professional. If you think you have a medical emergency or any condition requiring immediate attention, call your physician or 911 immediately. The statements made by us on or in connection with the Services have not been evaluated by the Food and Drug Administration.

The Services may allow you to connect with telehealth providers that may provide you with medical advice. These Terms do not govern your relationship with these unaffiliated entities.

The Services may contain certain historical information. Historical information is necessarily not current and is provided for your reference only. We reserve the right to modify the contents of the Services at any time, but we have no obligation to update any information on the Services. You agree that it is your responsibility to monitor changes to the Services.

9. DISCLAIMERS AND RISKS REGARDING CERTAIN PRODUCTS AND SERVICES

When ordering certain products or services, whether from our Store (as defined below) or elsewhere on the Services, Blueprint disclaims all liability relating to:

  • Inaccurate test results, including due to the person taking the test not strictly followed the directions provided;
  • any harm resulting from the improper handling of food products such as not promptly refrigerating food after delivery or heating food to the recommended temperature;
  • substitutions in ingredients from time to time without notice; and
  • delays in delivery of a product or service due to third parties outside of our control.

NONE OF THE TESTS WE MAKE AVAILABLE ARE INTENDED TO DIAGNOSE OR TREAT ANY CONDITION OR DISEASE AND NO TEST IS A REPLACEMENT FOR MEDICAL ADVICE.

10. INTELLECTUAL PROPERTY RIGHTS

All content on the Services is owned by Continuance and its licensors, including exhibits, information, material, software, images, text, graphics, “look and feel” of the Services, and all related intellectual property rights (“Continuance Content”). The Services are protected by copyright, trade dress, patent, and trademark laws, international conventions, other relevant intellectual property and proprietary rights, and applicable laws. You may not copy, display, create derivative works from, or otherwise use any Continuance Content without Continuance’s or our licensors’ explicit authorization. Continuance grants you a non-exclusive, non-transferable, and revocable limited license to access and use the Service consistent with these Terms. Any rights not expressly granted herein are reserved by Continuance and its licensors. Continuance will have no liability to you for any damage or loss arising from unauthorized uses.

The Blueprint and Don’t Die name and logos are trademarks and service marks of Continuance (collectively the “Continuance Trademarks”). Other product and service names and logos used and displayed via the Website may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to Continuance. Nothing in this Terms or the Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of Continuance Trademarks displayed on the Website, without our prior written permission in each instance. All goodwill generated from the use of Continuance Trademarks will inure to our exclusive benefit.

11. THIRD-PARTY SERVICES

The Services may contain links to or integrations with third-party websites, platforms, applications, or services (collectively, “Third-Party Services”) that are subject to different terms and privacy practices. Third-Party Services may include telehealth providers who provide medical care. Your use of and interactions with any Third-Party Services (including any purchases made on Third-Party Services) are governed by the third party’s terms and not by these Terms. You interact with Third-Party Services at your own risk.

We do not own or control Third-Party Services, and we are not responsible or liable for any aspect of such Third-Party Services, including but not limited to any harm or damages related to any interactions or transactions you may have with Third-Party Services (such as any information, content, or materials provided by Third-Party Services or your purchase or use of any products or services from Third-Party Services). Links and integrations to Third-Party Services are not an endorsement or recommendation.

You may be able to purchase certain products via Third-Party Services. Some third parties provide us with a commission when a User makes a purchase from the third party using the link on our Services.

Please review carefully any third party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.

12. TERMS FOR BLUEPRINT STORE

These Terms govern the use of, and orders made from our ecommerce Site (“Store”), and this Section 12 contains additional terms that govern the use of the Store. These Terms do not cover any purchases made from, or other interactions with, Third-Party Services.

12.1. Accuracy; Errors

We do not warrant that information made available via Store is accurate, complete, reliable, error-free or current. Occasionally the Store may contain typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, offers, product shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, change or update information on the Store, and cancel any orders if any information in the order is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information on the Store including without limitation pricing information except as required by law.

We have made every effort to display the images of our products that appear on the Store as accurately as possible. We cannot guarantee that your computer monitor’s display of any color will be accurate.

YOU AGREE THAT THE PRODUCTS AND OTHER MATERIALS YOU RECEIVE IN YOUR ORDER MAY VARY FROM THE PRODUCTS AND MATERIALS DISPLAYED ON THE SITES DUE TO A NUMBER OF FACTORS, INCLUDING, WITHOUT LIMITATION, SYSTEM CAPABILITIES AND CONSTRAINTS OF YOUR COMPUTER, MANUFACTURING PROCESS OR SUPPLY ISSUES, THE AVAILABILITY AND VARIABILITY OF PRODUCTS. THE SITES MAY CONTAIN INFORMATION ABOUT PRODUCTS THAT ARE NOT AVAILABLE IN EVERY LOCATION. A REFERENCE TO A PRODUCT ON THE SITES DOES NOT IMPLY OR GUARANTEE THAT IT IS OR WILL BE AVAILABLE IN YOUR LOCATION OR AT THE TIME OF YOUR ORDER. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND REGARDING ANY CONTENT RELATED TO OUR PRODUCTS PROVIDED BY OR DISPLAYED THROUGH A THIRD PARTY CHANNEL, INCLUDING, WITHOUT LIMITATION, REGARDING ITS ACCURACY OR COMPLETENESS.

12.2. Order Acceptance and Billing

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, household, or order. We also reserve the right to correct an order in the event of an error in an order confirmation, processing or delivery, and revise your order accordingly, or cancel your order and issue a refund. We may exercise these rights with orders placed by or under the same customer account, the same credit card, or orders that use the same billing and/or shipping address. If we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail, phone number, or physical address provided when you placed the order. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate information as requested for all purchases made on our Store. If you have created an account, you agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

By confirming your purchase at the end of the checkout process, you agree to accept and pay for the item(s).

12.3. Pricing

Prices are subject to change without notice. We cannot confirm the price of an item until after your order is placed. Pricing errors may occur on the Store. We reserve the right to cancel any orders containing pricing errors, with no further obligations to you, even after your receipt of an order confirmation or shipping notice from us. We may, in our discretion, either contact you for instructions or cancel your order and notify you of such cancellation. Pricing for products on the Store may differ from pricing for product sold in stores.

12.4. Shipping and Delivery; Title and Risk of Loss

We may not ship to all locations outside of the U.S. If we do not ship to your location, you will be notified when trying to place your order.

For orders that are shipped outside of the U.S., you may be required to pay taxes and duties upon delivery. Knowledge and payment of these fees is your responsibility, and we do not reimburse such fees. For more information, please check with your local customs before placing your order.

All items purchased through the Store are made pursuant to a shipment contract. The risk of loss and title for such items pass to you upon our tender of the item to the carrier.

12.5. Refunds and Exchanges

If you are not satisfied with your purchase, we will accept returns and make refunds within 30 days of the initial order for the item you seek to return. While we will strive to provide returns and refunds, excessive or abusive returns or attempted returns will void these Terms and any guarantees on future orders.

12.6. Right to Cancel – EU and UK Users Only

Under EU and UK law, you have the right to cancel your order, meaning that you have the right to return items within 14 days after the item is delivered to you and to receive a refund. If you wish to cancel your order and return the item you ordered, please email us at support@bryanjohnson.com. To receive a refund, you must return the item to us as soon as possible and with no marks, scratches, or other visible signs of use. We will make your refund to the same card used for payment within 14 days of receiving your cancellation request.

12.7. Third-Party Products and Services

You may be able to purchase products or services provided by third parties on the Store. If you are purchasing a product or service directly from a third party, that third party’s terms will apply to the purchase, including any terms related to shipping, reimbursement, and the right to cancel your order. We are not responsible for any statement or claims that any third party makes regarding its products or services, and advise you to exercise discretion in evaluating any such statements and claims.

13. TERMS FOR BLUEPRINT QUANTIFIED

13.1 Campaigns. A Registered User may create a campaign (the “Campaign”) to crowdsource money to pay to test foods for contaminants. Other Registered Users may contribute to the Campaign and if enough money is raised, we will order the test for the food identified in the Campaign.

13.2 Test Results. Blueprint will publish the results of the test for successful Campaigns on the Services. All tests are performed by third parties and Blueprint does not warrant that any such tests are accurate and disclaims all liability in connection with the test results. You are solely responsible for any decisions you make as a result of information you receive from such result.

13.3 Refund of Money for Unsuccessful Campaigns. If a Campaign does not raise sufficient funds to pay for the test (as determined by us in our sole discretion). Blueprint will refund all contributions made to such Campaign. You acknowledge that Blueprint is facilitating the Campaigns but makes no guarantee that a Campaign will be successful.

14. COMMUNICATIONS

14.1. In General

We may communicate with you using email or autodialed or prerecorded calls and text messages, at any telephone number that you provide us, to: (a) notify you regarding your account; (b) troubleshoot problems with your account; (c) resolve a dispute; (d) collect a debt; or (e) as otherwise necessary to service your account or enforce these Terms, our policies, applicable law, or any other agreement we may have with you.

You agree to receive electronic communications from us. These communications may include notices about your account and information concerning or related to the Services. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing, and will have full legal effect.

You also agree that any transaction or agreement undertaken on or through the Services, including your agreement to these Terms, is an electronic transaction or agreement.

We may route phone and text communications through a third-party service provider, and we or the service provider may record telephone conversations you have with us or its agents for quality control and training purposes, or for our own protection or legal compliance purposes.

14.2. SMS Terms

Signing Up for SMS Text Messages. You may sign up for SMS text messages in connection with the Services, including marketing text messages. By Opting In to text messages, you authorize us or our provider to use autodialer or non-autodialer technology to send text messages to the mobile phone number associated with your Opt-In. You authorize us to include marketing content in any such messages. You do not have to Opt In or agree to Opt In as a condition of any purchase. (For purposes of these SMS Terms, “Opting In,” “Opt In” and “Opt-In” refer to requesting, joining, agreeing to, enrolling in, signing up for, acknowledging, providing your phone number, or otherwise consenting to receive any text messages.)

To opt out, you must text STOP in response to any SMS message sent from or on behalf of us. You understand and agree that any other method of opting out, including (but not limited to) texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, may not be a reasonable means of opting out. If you have consented to multiple text message programs, you must also separately opt out of each program.

By Opting In to text messages:

  • You are signing your Opt-In to the text messages.
  • You accept these Terms. Our text message-related activities are part of the Services as defined above.
  • You represent that you are the subscriber to the relevant phone number or that you are the customary user of that number on a family or business plan and for which you are authorized to provide an Opt In.
  • You confirm that you are the subscriber to the relevant phone number or that you are the customary user of that number on a family or business plan and that you are authorized to Opt In.
  • You consent to the use of an electronic record to document your Opt-In. To withdraw that consent, request a free paper or email copy of the Opt-In, or to update our records with your contact information, please contact us as described at the end of our Privacy Policy. To view and retain an electronic copy of these SMS Terms or the rest of your Opt-In, you will need (i) a device (such as a computer or mobile phone) with Internet access, and (ii) and either a printer or storage space on such device. For an email copy, you’ll also need an email account you can access from the device, along with a browser or other software that can display the emails. These SMS Terms still will apply if you withdraw the consent mentioned above or opt out of the text messages.
  • By Opting In, you authorize us to use automated or nonautomated technology to send text messages to the number associated with your consent. You may opt into receiving texts with marketing content, and consent to receiving marketing texts is not a condition of purchase.

After Opting In, in addition to the main messages the service offers, you may receive one or more welcome messages or administrative messages, such as (in some cases) a request to confirm your Opt-In.

Message and data rates may apply to messages that we send you or that you send us. You may receive multiple, recurring messages. We may terminate our text message programs or your participation in them at any time with or without notice, including, for example, before you have received any or all messages that you otherwise would have received, but these SMS Terms still will apply. You may receive one or more confirmation messages when you opt out or when your participation in the program otherwise ends. We and mobile carriers (including T-Mobile) are not liable for delayed or undelivered messages.

For customer service regarding our SMS programs, contact us as provided at the end of these Terms.

Discontinuing or Transferring Your Phone Number. If at any time you intend to stop using the mobile telephone number that has been used to subscribe to text messaging, including canceling your service plan or selling or transferring the phone number to another party, you agree that you will complete the user opt out process set forth above prior to ending your use of the mobile telephone number. You understand and agree that your agreement to do so is a material part of these Terms. You further agree that, if you discontinue the use of your mobile telephone number without notifying us of such change, you agree that you will be responsible for all costs (including attorneys’ fees) and liabilities incurred by us, or any party that assists in the delivery of the mobile messages, as a result of claims brought by individual(s) who are later assigned that mobile telephone number. This duty and agreement shall survive any cancellation or termination of your account or these Terms.

YOU AGREE THAT YOU SHALL INDEMNIFY, DEFEND, AND HOLD US HARMLESS FROM ANY CLAIM OR LIABILITY RESULTING FROM YOUR FAILURE TO NOTIFY US OF A CHANGE IN THE INFORMATION YOU HAVE PROVIDED, INCLUDING ANY CLAIM OR LIABILITY UNDER THE TELEPHONE CONSUMER PROTECTION ACT, 47 U.S.C. § 227, et seq., OR SIMILAR STATE AND FEDERAL LAWS, AND ANY REGULATIONS PROMULGATED THEREUNDER RESULTING FROM US ATTEMPTING TO CONTACT YOU AT THE MOBILE TELEPHONE NUMBER YOU PROVIDED.

15. DISCLAIMER OF WARRANTIES

YOUR USE OF OR INABILITY TO USE THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, CONTINUANCE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT.

CONTINUANCE MAKES NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS; THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE; OR THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS, OR THAT ANY ERRORS IN THE SERVICE WILL BE CORRECTED.

YOU AGREE THAT FROM TIME TO TIME WE MAY REMOVE SOME OR ALL OF THE SERVICES FOR INDEFINITE PERIODS OF TIME OR CANCEL SOME OR ALL OF THE SERVICES AT ANY TIME, WITHOUT NOTICE TO YOU.

IF YOU RELY ON ANY DATA OR INFORMATION OBTAINED THROUGH THE SERVICES, YOU DO SO AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS THAT RESULTS FROM YOUR USE OF SUCH DATA OR INFORMATION.

CERTAIN LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE FOREGOING DISCLAIMERS, EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

16. LIMITATION OF LIABILITY

TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, IN NO CASE WILL CONTINUANCE OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SUPPLIERS, SERVICE PROVIDERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF CONTINUANCE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF THE SERVICES OR ANY PRODUCTS PROCURED USING THE SERVICES, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR ANY PRODUCT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICES OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES.

IN NO EVENT WILL CONTINUANCE’S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED $100.00.

IF THE JURISDICTION WHERE YOU RESIDE DOES NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR LIMITATION OF LIABILITY PROVIDED IN THESE TERMS, THAT LIMITATION WILL NOT APPLY TO THE EXTENT PROHIBITED.

THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN CONTINUANCE AND YOU.

17. INDEMNITY

To the fullest extent allowed by applicable law, you agree to release, indemnify, defend, and hold harmless Continuance and its officers, directors, employees, affiliates, agents, contractors, suppliers, service providers, and licensors from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of the Services, your connection to the Services, your violation of these Terms, your violation of any rights of another, or any disputes you may have with another user of our Services.

Continuance reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Continuance in asserting any available defenses. This provision does not require you to indemnify Continuance for any unconscionable commercial practice by Continuance or for Continuance's negligence, fraud, deception, false promise, misrepresentation or concealment, suppression or omission of any material fact. You agree that the provisions in this section will survive any termination of your account, these Terms or your access to the Services, including the purchase of any items on the Services.

If you are a California resident, you waive California Civil Code Section 1542, which provides: A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release, and that if known by him or her would have materially affected his or her settlement with the debtor or released party.

If you are not a California resident, you waive your rights under any statute or common law principle similar to Section 1542 that governs your rights in the jurisdiction of your residence.

18. APPLICABLE LAW

These Terms shall be governed by the laws of the United States and the State of California, without giving effect to any conflict of laws principles that may provide the application of the law of another jurisdiction.

19. DISPUTE RESOLUTION

PLEASE READ THIS SECTION CAREFULLY. IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS—INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT (BY REQUIRING YOUR DISPUTE TO BE SUBMITTED TO ARBITRATION) AND LIMITING YOUR RIGHTS TO RESOLVE YOUR DISPUTE AS PART OF A CLASS OR REPRESENTATIVE ACTION.

Informal Dispute Resolution. Most disputes between you and Continuance arising from or relating to the Services or these Terms (“Disputes”) can be resolved informally, so if you have an issue with the services, you agree to reach out to us before initiating a lawsuit or arbitration, except as set forth in the Exceptions paragraph below (“Informal Dispute Resolution”). This requires emailing support@bryanjohnson.com a written notice (“Written Notice”), which must include: (1) your name; (2) the email address(es) associated with your relationship with Continuance; (3) a detailed description of the issue; and (4) how you’d like to resolve it. You must engage in this informal resolution process before starting any formal dispute resolution unless exempted by law. Applicable statutes of limitations and due dates for arbitration filing fees or other deadlines will be tolled upon receipt of the Written Notice to support@bryanjohnson.com, while the parties attempt informal resolution.

The Written Notice must be provided on an individualized basis, and you and Continuance agree to personally meet and confer, via telephone or videoconference, to attempt to resolve the Dispute. If either party is represented by counsel, that party’s counsel may participate in the conference, but the party shall also personally attend the conference, unless one party states in writing that the other party is not required to personally attend.

If the dispute is not resolved within sixty (60) days after receipt of the Written Notice, you and Continuance agree to resolve any remaining dispute through further informal discussions or one of the formal dispute resolution provisions below.

AGREEMENT TO ARBITRATE.

Either party may initiate binding arbitration as the sole means to resolve disputes, and the provisions following this paragraph through and including the paragraph titled “Changes to this Arbitration Agreement” (collectively, the “Arbitration Agreement”).

The parties agree that this Arbitration Agreement is made pursuant to a transaction in commerce and is governed by the Federal Arbitration Act (“FAA”). The arbitration will be administered by National Arbitration and Mediation (“NAM”). If NAM is not available to arbitrate, the parties will mutually agree on an alternative arbitration provider.

In accordance with the notice and opt-out provisions set forth herein, this Arbitration Agreement is intended to be interpreted broadly and it applies to all disputes between you and Continuance arising from or relating to the Services or the Terms, including but not limited to (1) claims that arose, were asserted, or involve facts occurring before the existence of this Arbitration Agreement, or any prior agreement; and (2) claims that may arise after the termination of this Arbitration Agreement (together, “Disputes”).

Except as set forth in the paragraph below titled “Exceptions to Informal Dispute Resolution and Arbitration Agreement,” the arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve all Disputes. You and Continuance further agree that arbitrable Disputes include but are not limited to issues arising out of or relating to the interpretation, applicability, enforceability, formation, or performance of this Arbitration Agreement, including, but not limited to, any claim that all or any part of these terms are void or voidable, whether a claim is subject to arbitration, and any dispute regarding the payment, non-payment, or timing of any administrative or arbitrator fees.

WAIVER OF RIGHTS INCLUDING JURY TRIAL.

THE PARTIES UNDERSTAND THAT ARBITRATION MEANS THAT AN ARBITRATOR AND NOT A JUDGE OR JURY WILL DECIDE ANY DISPUTE, AND THAT RIGHTS TO DISCOVERY AND APPEALS MAY BE LIMITED IN ARBITRATION. THE PARTIES FURTHER UNDERSTAND THAT THE COSTS OF ARBITRATION COULD EXCEED THE COST OF LITIGATION IN SOME INSTANCES.

YOU HEREBY ACKNOWLEDGE AND AGREE THAT BY AGREEING TO THE TERMS, INCLUDING THIS ARBITRATION AGREEMENT, YOU AND CONTINUANCE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY TO THE MAXIMUM EXTENT PERMITTED BY LAW.

CLASS ARBITRATION AND COLLECTIVE RELIEF WAIVER.

YOU AND CONTINUANCE ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT ALLOWED BY LAW, AND EXCEPT AS PROVIDED HEREIN BELOW, ANY ARBITRATION SHALL BE CONDUCTED IN AN INDIVIDUAL CAPACITY ONLY AND NOT AS A CLASS OR OTHER REPRESENTATIVE ACTION (INCLUDING, WITHOUT LIMITATION, ANY PRIVATE ATTORNEY GENERAL ACTION), AND THE ARBITRATOR MAY AWARD RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO RESOLVE AN INDIVIDUAL PARTY’S CLAIM; NOTWITHSTANDING THIS ACKNOWLEDGEMENT, YOU AGREE THAT ANY ARBITRATION INVOLVING YOU MAY PROCEED ON A CONSOLIDATED BASIS IF AND ONLY IF CONTINUANCE PROVIDES ITS CONSENT TO CONSOLIDATE IT IN WRITING.

With the exception of the paragraph titled “Class Arbitration and Collective Relief Waiver” and the paragraph titled “Mass Filings,” if any part of this Arbitration Agreement is deemed to be invalid, unenforceable, or illegal, then the balance of this Arbitration Agreement shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, or illegal provision(s) were not contained herein. If, however, the paragraph titled “Class Arbitration and Collective Relief Waiver” and the paragraph titled “Mass Filings,” are found to be invalid, unenforceable, or illegal, then the entirety of this Arbitration Agreement shall be null and void, and neither you nor Continuance shall be entitled to arbitrate the dispute in question.

This provision does not prevent you or Continuance from participating in a class-wide settlement of claims.

Arbitration Rules. Except as modified by this Arbitration Agreement, NAM will administer any arbitration in accordance with the NAM “Comprehensive Dispute Resolution Rules and Procedures,” “Fees For Disputes When One of the Parties is a Consumer,” and the “Mass Filing Supplemental Dispute Resolution Rules and Procedures” in effect at the time any demand for arbitration is filed with NAM, excluding any rules or procedures permitting class or representative actions (“NAM Rules”). The applicable NAM rules and procedures are available at www.namadr.com or by emailing National Arbitration and Mediation’s Commercial Department at commercial@namadr.com.

Except where prohibited by applicable law, the arbitrator shall apply the law of the state of California without giving effect to any law that would result in the application of the law of any other jurisdiction. You and Continuance agree that dispositive motions will be allowed in the arbitration.

If the amount in controversy is less than $10,000, then the arbitration will be conducted solely on the basis of written materials that you and Continuance submit to the arbitrator, unless (i) the arbitrator determines that a hearing is necessary; (ii) applicable law requires otherwise; or (iii) the parties agree otherwise. If the amount in controversy exceeds $10,000, either party may request (or the arbitrator may determine) to hold a hearing.

Arbitration Demand. Any arbitration demand or counterclaim asserted by either party must contain sufficient information to provide fair notice to the other party of the asserting party’s identity, the claims being asserted, and the factual allegations on which they are based, and must include proof that the claimant is party to this Arbitration Agreement and to the User Agreement. The arbitrator and/or NAM may require amendment of any demand or counterclaim that does not satisfy these requirements.

Arbitration Fees. Each party is responsible for its own attorneys’ fees unless the arbitration rules and/or applicable law provide otherwise.

The parties agree that NAM has discretion to reduce the amount or modify the timing of any administrative or arbitration fees due under NAM Rules where it deems appropriate, provided that such modification does not increase the costs to you, and you further agree that you waive any objection to such fee modification. The parties also agree that a good-faith challenge by either party to the fees imposed by NAM does not constitute a default, waiver, or breach of this Arbitration Agreement while such challenge remains pending before NAM, the arbitrator, and/or a court of competent jurisdiction, and that any and all due dates for those fees shall be tolled during the pendency of such challenge.

Arbitration Location. The arbitration proceedings will presumptively be held via video- or telephone-conference unless (A) the arbitrator determines there is good cause to hold an in-person hearing or (B) the parties agree otherwise. Except as otherwise provided in the paragraph titled “Mass Filings” or unless you and Continuance agree otherwise, in the event there is an in-person proceeding: if you live in the United States, any in-person proceedings will take place in the county of your primary residence or, if no arbitrator is available in that county, then at the closest arbitration location available in the state or if you live outside the United States, to the extent permissible in your country, any in-person proceedings will take place in California.

Mass Filings. To increase the efficiency of administration and resolution of arbitrations, in the event 100 or more similar arbitration demands (those asserting the same or substantially similar facts or claims, and seeking the same or substantially similar relief) presented by or with the assistance or coordination of the same law firm(s) or organization(s) are submitted to NAM (or another arbitration provider selected in accordance with the provisions set forth herein if NAM is unavailable) against Continuance within reasonably close temporal proximity (“Mass Filing”), the parties agree, subject to the provisions of this “Mass Filings” paragraph: (A) to administer the Mass Filing in batches of 100 demands per batch (to the extent there are fewer than 100 arbitration demands left over after the batching described above, a final batch will consist of the remaining demands) with only one batch filed, processed, and adjudicated at a time; (B) to designate one arbitrator for all demands in each batch; (C) to accept applicable fees, including, without limitation, any related fee reduction determined by NAM (or another arbitration provider selected in accordance with the provisions set forth herein if NAM is unavailable) in its discretion; (D) that fees associated with a demand for arbitration included in a Mass Filing, including, without limitation, fees owed by Continuance and the claimants, shall only be due after your demand for arbitration is included in a set of batch proceedings and that batch is properly designated for filing, processing, and adjudication; and (E) that the staged process of batched proceedings, with each set including 100 demands proceeding through filing, processing and adjudication, shall continue until each demand (including your demand) is adjudicated or otherwise resolved. If your demand for arbitration is included in the Mass Filing, any statute of limitation applicable to your claims will remain tolled until your demand for arbitration is decided, withdrawn, or settled.

Arbitrator selection for each batch shall be conducted to the greatest extent possible in accordance with the applicable NAM rules and procedures for such selection and shall be subject to any rights to strike an arbitrator provided under applicable state law if the rights granted by law exceed those provided for in the NAM rules. In accordance with applicable law and to the extent an in-person proceeding is deemed necessary by the arbitrator or mutual party agreement, the arbitrator will determine the location where the proceedings will be conducted.

You agree to cooperate in good faith with Continuance and the arbitration provider to implement such a “batch approach” or other similar approach to provide for an efficient resolution of claims, including, without limitation, the payment of combined reduced fees, set by NAM in its discretion, for each batch of claims. The parties further agree to cooperate with each other and the arbitration provider or arbitrator to establish any other processes or procedures that the arbitration provider or arbitrator believe will provide for an efficient resolution of claims. For example, if the number of cases filed makes batches of 100 cases too small for the prompt resolution of all filed claims, you and Continuance agree that NAM may increase or decrease the batch size, transfer a case between batches, or proceed with adjudication of more than one (but no greater than five) batches at a time as determined in the reasoned discretion of the NAM procedural arbitrator, following the input of the parties. Any and all disagreements between the parties as to whether this provision applies or as to the process or procedure for batching shall be resolved by a NAM procedural arbitrator.

This “Batching” provision shall in no way be interpreted as increasing the number of claims necessary to trigger the applicability of NAM’s Mass Filing Supplemental Dispute Resolution Rules and Procedures or authorizing class arbitration of any kind.

The results of the first completely adjudicated batch of demands in a Mass Filing will be given to a NAM mediator selected from a group of five mediators proposed by a NAM, with Continuance and the remaining claimants’ counsel being able to strike one mediator each and then rank the remaining mediators. The highest collectively ranked mediator will be selected. The selected mediator will try to facilitate a resolution of the remaining demands in the Mass Filing. Continuance, the remaining claimants, and their counsel, and the mediator will then have 90 days (the “Mediation Period”) from the date the results are provided to the mediator to agree on a resolution or substantive methodology for resolving the outstanding demands. If the parties are unable to resolve the outstanding demands during the Mediation Period and cannot agree on a methodology for resolving them through further arbitrations, either Continuance or any remaining claimant may opt out of the arbitration process and have the demand(s) proceed in a court of competent jurisdiction. Notice of the opt-out will be provided in writing within 60 days of the close of the Mediation Period. If neither Continuance nor the remaining claimants opt out and they cannot agree to a methodology for resolving the remaining demands through further arbitration, the arbitrations will continue with the batching process. Absent notice of an opt out, the arbitrations will proceed in the order determined by the sequential numbers assigned to demands in the Mass Filing.

Arbitrator’s Authority and Arbitration Award. The arbitrator shall be empowered under this Arbitration Agreement to grant whatever relief would be available in a court under law or in equity. The arbitrator has the right to impose sanctions in accordance with the arbitration provider’s rules and procedures for any frivolous claims or submissions the arbitrator determines have not been filed in good faith, as well as for a party’s failure to comply with this Arbitration Agreement or the Informal Dispute Resolution Process.

The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator will have the authority to award monetary damages on an individual basis and to grant, on an individual basis, any non-monetary remedy or relief available to an individual to the extent available under applicable law, the arbitral forum’s rules, and this Arbitration Agreement. The parties agree that the damages and/or other relief must be consistent with the Terms, including but not limited to the paragraphs titled “Class Arbitration and Collective Relief Waiver” and “Limitation of Liability” as to the types and the amount of damages or other relief for which a party may be held liable.

Except for decisions in arbitrations that are joined together in a single batch, no arbitration award or decision will have any preclusive effect, except to preclude the same or similar claims and issues addressed by the award from being re-arbitrated between the same parties. Attorneys’ fees will be available to the prevailing party in the arbitration only if authorized under applicable substantive law governing the claims in the arbitration.

Exceptions to Informal Dispute Resolution and Arbitration Agreement. Notwithstanding the parties’ agreement to resolve all disputes through the Informal Dispute Resolution process and, if necessary, binding arbitration:

  • Either party’s claims of infringement or misappropriation of the other party’s patent, copyright, trademark, or trade secret (and any motions to enforce such proceedings) shall be exclusively brought in the state and federal courts located in California.
  • Either party may elect to have disputes or claims resolved in a small claims court regardless of what forum the filing party initially chose, provided the disputes or claims are within the scope of that court’s jurisdiction. Judgments of small claims courts may be enforced as set forth in the rules of such court.
  • Either party may apply to any court of competent jurisdiction for a provisional remedy in connection with an arbitrable controversy, including without limitation injunctive relief.
  • Either party may elect to have disputes regarding whether a complaining party has satisfied the Informal Dispute Resolution procedures resolved by a court as a precursor to arbitration.

30-Day Right to Opt-Out. You have the right to opt-out and not be bound by the Arbitration Agreement by sending written notice, signed by you, of your decision to opt-out to the following address: support@bryanjohnson.com with the subject line, “ARBITRATION OPT-OUT. The notice must be sent within 30 days of January 05, 2026 or your first use of the Services, whichever is later; otherwise, you shall be bound to arbitrate disputes in accordance with the terms of the Arbitration Agreement. If you opt-out of the arbitration provisions, Continuance also will not be bound by them.

If you opt out of the Arbitration Agreement, you may exercise your right to a trial by judge, as permitted by applicable law, but any prior existing agreement to arbitrate disputes under a prior version of the Arbitration Agreement will not apply to claims not yet filed. If you opt out of the Arbitration Agreement, you will not be opting out of any other provisions of these Terms and you agree to be bound by all other provisions of these Terms, which shall remain in effect as allowable by law.

Changes to this Arbitration Agreement. Continuance will provide 30 days’ notice of the date of any material changes to this Arbitration Agreement. Changes will become effective on the 30th day and apply to all claims not yet filed, regardless of when they accrued. If you consent to these terms on or before the 30th day or continue to use the Services after the 30th day, you agree that any unfiled claims of which Continuance does not have actual notice under the Informal Dispute Resolution process are subject to the revised clause. If Continuance changes this Arbitration Agreement after the date you first accepted it (or accepted any subsequent changes to the agreement), you agree that your continued use of the Services 30 days after such change will be deemed acceptance of those changes. If you do not agree to such change, you may opt out of this Arbitration Agreement by emailing an opt-out notice to support@bryanjohnson.com with the subject line, “ARBITRATION OPT-OUT before the 30-day period expires.

Disputes not Subject to Arbitration. For any dispute not subject to arbitration you and Continuance agree to submit to the personal and exclusive jurisdiction of and venue in the federal and state courts located in California. You further agree to accept service of process by mail and hereby waive any and all jurisdictional and venue defenses otherwise available.

Class Action Waiver

YOU AGREE THAT ANY DISPUTE BETWEEN YOU AND CONTINUANCE THAT IS NOT SUBJECT TO ARBITRATION FOR ANY REASON MAY ONLY BE PURSUED BY YOU ON AN INDIVIDUAL BASIS, AND YOU MAY NOT BRING A CLAIM AS A PLAINTIFF OR A CLASS MEMBER IN A CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION.

Jury Trial Waiver

IF FOR ANY REASON A DISPUTE PROCEEDS IN COURT RATHER THAN THROUGH ARBITRATION, YOU AND CONTINUANCE AGREE THAT THERE WILL NOT BE A JURY TRIAL. YOU AND CONTINUANCE UNCONDITIONALLY WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY ACTION, PROCEEDING OR COUNTERCLAIM IN ANY WAY ARISING OUT OF OR RELATING TO THE AGREEMENT OR USE OF THE SERVICES.

20. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

Continuance may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of Users who infringe the intellectual property of others. If you believe that your copyright or the copyright of a person on whose behalf you are authorized to act has been infringed, please provide Continuance’s a written notice containing the following information:

  • an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
  • a description of the copyrighted work or other intellectual property that you claim has been infringed;
  • a description of where the material that you claim is infringing is located on the Services;
  • your address, telephone number, and email address;
  • a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  • a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

Continuances’ Copyright Agent can be reached at copyright@bryanjohnson.com.

To be valid, a notice must be in writing and must follow the instructions above. You also may use the contact information in this Section to notify us of alleged violations of other intellectual property rights.

21. Termination

Continuance reserves the right at any time to modify, suspend, discontinue, or terminate, temporarily or permanently, some or all of the Services (or any part thereof), with or without notice. You agree that Continuance shall not be liable to you or any third party for any modification, suspension or discontinuance of the Services.

We do not guarantee that any of our Services will be available at all times or at any given time or that we will continue to offer all or any of our Services for any particular length of time. We may change and update our Services without notice to you. We make no warranty or representation regarding the availability of our Services and reserve the right to modify or discontinue the Services in our sole discretion without notice, including for example, ceasing a contest or other Services for technical reasons (such as technical difficulties experienced by us or on the internet) or to allow us to improve user experience. NOTWITHSTANDING ANYTHING TO THE CONTRARY, YOU ACKNOWLEDGE AND AGREE THAT ANY OR ALL OF OUR SERVICES MAY BE TERMINATED IN WHOLE OR IN PART AT OUR SOLE DISCRETION WITHOUT NOTICE TO YOU. YOU ASSUME ANY AND ALL RISK OF LOSS ASSOCIATED WITH THE TERMINATION OF OUR SERVICES.

Continuance may terminate or suspend your right to access some or all of the Services, without prior notice or liability, if you breach any of the terms or conditions of these Terms or the Continuance Privacy Policy.

All provisions of these Terms, which by their nature should survive termination, shall survive termination, including, without limitation: Accuracy and Completeness of Information; Not Medical Advice; Intellectual Property Rights; Disclaimer of Warranties; Limitation of Liability; Indemnity; Mandatory Arbitration and Class Action Waiver; Termination; and General.

22. TECHNOLOGY AND RESOURCES

The use of the App requires use of a mobile device. Use our App and other Services made available online or that are capable of connecting to the Internet (collectively, “Online Services”) may require an Internet connection (such as wireless mobile data service), which you must obtain at your cost from your wireless carrier or other Internet service provider. You are responsible for obtaining and paying for such additional services and obtaining a suitable device, including without limitation all related usage charges. You may be required to send and receive, at your cost, electronic communications related to the Online Services, including without limitation administrative messages, service announcements, diagnostic data reports, and App updates, from Continuance, your mobile carrier or third-party service provider. If you do not have an unlimited data plan with the provider you use for an Internet connection, you may incur additional charges. The Online Services may cause your device to send and receive data at your cost for those and other reasons over the Internet whether or not you have taken a specific action in the Services. These and other aspects of the Services may involve activity that uses your device’s battery or other resources with or without involvement from or notice to you (including in the background while you have closed and are not actively interacting with the Services), which may shorten the life of your battery or other resources and cause you to incur unexpected energy costs. Continuance will have no liability for any of that.

You are solely responsible for obtaining any additional subscription, connectivity, or energy services or equipment necessary to access and use the Online Services, including but not limited to payment of all third-party fees associated therewith, including fees for information sent to or through the Online Services.

We do not warrant that the Online Services will be compatible with your network provider or device. You acknowledge and agree that we may release updates to the Online Services and that you may be required to install any such update (and/or, in some cases, an update or replacement to your browser or device) in order for the Online Service to continue functioning properly. You may not export any Services except in compliance with all applicable laws.

iOS App

The following applies if you obtain the App from Apple, Inc.’s (“Apple”) App Store. You acknowledge and agree that these Terms are solely between you and Continuance, not Apple, and that Apple has no responsibility for the App or the contents thereof. Your use of the App must comply with the App Store Terms of Service or other terms applicable to the use of the App. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple and Apple will be responsible for any refund of the purchase price for the App, if any, to you. To the extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App. You acknowledge that Apple is not responsible for addressing any claims by you or by any third party relating to the App or your possession and/or use of the App, including but not limited to, (i) product liability claims, (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement, and (iii) claims arising under consumer protection or similar legislation. All such claims between you and us are governed solely by these Terms and any law applicable to Continuance as the provider of the App, taking into consideration the choice-of-law provisions in these Terms.

You acknowledge that, as between Continuance and Apple, in the event of a claim that the App and your possession and use thereof infringes a third party’s intellectual property rights, Continuance, not Apple, will be solely responsible for any investigation, defense, settlement, and discharge of any such intellectual property infringement claim to the extent required by these Terms.

You represent and warrant that (a) you are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a “terrorist supporting’’ country; and (b) you are not listed on any U.S. government list of prohibited or restricted parties.

You and Continuance acknowledge and agree that Apple and its subsidiaries are third-party beneficiaries of these Terms and that, upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof.

Google Play App

The following applies if you obtain the App from Google Play (or its successors) operated by Google, Inc. (“Google”). You acknowledge and agree that these Terms are solely between you and Continuance, not Google and that Google has no responsibility for the App or the contents thereof. Your use of the App must comply with the Google Play Terms of Use or other terms applicable to the use of the App. You acknowledge that Google bears no obligation or responsibility for maintenance and support services with respect to the App. To the extent permitted by applicable law, Google will have no warranty obligation whatsoever with respect to the App and any claims, losses, liabilities, damages, costs, or expenses attributable to any failure of the App to conform to any warranty will be solely governed by these Terms and any law applicable to Continuance as a provider of the App, taking into consideration the choice-of-law provisions in these Terms.

23. GENERAL

23.1. Section titles. The section titles in these Terms are for convenience only and have no legal or contractual effect.

23.2. Non-breach. Our failure to comply with these Terms because of an act of God, war, fire, riot, terrorism, earthquake, actions of federal, state or local governmental authorities or for any other reason beyond our reasonable control shall not be deemed a breach of these Terms.

23.3. Non-waiver. Our failure to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision.

23.4. Remedies. All remedies under these Terms shall be cumulative and not exclusive.

23.5. Severability. If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms of use and shall not affect the validity and enforceability of any remaining provisions.

23.6. No Partnership. You and we acknowledge and agree that no partnership is formed and neither you nor we has the power or the authority to obligate or bind the other.

23.7. Assignment. You may not assign your rights under these Terms to any third party. We may assign our rights under this Terms without condition.

23.8. Entire Agreement. These Terms constitute the entire agreement between you and Continuance and govern your use of the Services, superseding any prior agreements between you and Continuance with respect to the Services. You also may be subject to additional terms and conditions that may apply when you use Third Party Services.

23.9. Governing Law and Venue. These Terms will be governed by the laws of Delaware without regard to its conflict of law provisions. With respect to any disputes or claims not subject to arbitration, as set forth above, you and Continuance agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within Delaware.

24. CONTACT US

If you have any questions or concerns about these Terms or the Services, or to report any violations of these Terms, please contact us at support@bryanjohnson.com.