Terms and Conditions
Last updated March 9, 2021
Thank you for visiting the Build Your Life Resume website located at www.buildyourliferesume.com (the “Site”). The Site is owned and operated by BYLR, LLC and Live Boundless, LLC (collectively, “BYLR,” “we,” “our” or “us”). Each end-user visitor to the Site (“User,” “you” or “your”) agrees to these Build Your Life Resume Website Terms and Conditions (“Terms and Conditions”), in their entirety, when she/he: (a) accesses or uses the Site; (b) accesses and/or views any of the course work, blog posts, text, video, and/or other information pertaining to health, fitness, motivation, challenges, events, and other subject matter shared, posted and/or discussed on the Site (the “Content”); (c) accesses the comments sections associated with the Condtent, BYLR Courses (as defined below), BYLR Events (as defined below), and/or other interactive features made available on the Site (“Interactive Services”); (d) accesses links to any social media pages/accounts on, or otherwise links to or interacts with, third party social media mobile applications or websites, such as Facebook®, Instagram®, and Twitter® (collectively, “Social Media Pages”); (e) enters one of the promotions, sweepstakes, and/or contests featured on the Site from time-to-time (collectively, “Promotions”); (f) participates, for a fee, in one of the life-coaching, self-improvement, and other similar courses, programs and related offerings, including the BYLR Events (collectively, the “BYLR Courses”); (g) participates, either for a fee or in connection with enrolling in a BYLR Course, in live events, fitness challenges, fitness classes, and/or other special events (collectively, “BYLR Events”); and/or (h) utilizes the various contact forms and/or contact information made available on the Site as a means to contact directly, or request to be contacted by, BYLR (collectively, the “Contact Services,” and together with the Site, Content, Interactive Services, Social Media Pages, Promotions, BYLR Courses, and BYLR Events, the “Site Offerings”).
THE AGREEMENT CONTAINS DISCLAIMERS OF WARRANTIES, LIMITATIONS OF LIABILITY, RELEASES, A CLASS-ACTION WAIVER, AND THE REQUIREMENT TO ARBITRATE ANY AND ALL CLAIMS THAT MAY ARISE HEREUNDER AGAINST BYLR, AS WELL AS THE COACHES (AS DEFINED BELOW) AND THEIR RESPECTIVE PARENTS, SUBSIDIARIES, RELATED PARTIES, THIRD-PARTY SERVICE PROVIDERS, MARKETING PARTNERS, AND MR. JESSE ITZLER (COLLECTIVELY, “COVERED PARTIES”), WHO ARE EXPRESS THIRD-PARTY BENEFICIARIES OF THE MANDATORY ARBITRATION PROVISION. THE AFOREMENTIONED PROVISIONS ARE AN ESSENTIAL BASIS OF THE AGREEMENT.
NEW JERSEY STATE RESIDENTS ARE ENCOURAGED TO REVIEW THEIR RIGHTS UNDER THE AGREEMENT, AS PROVIDED UNDER THE NEW JERSEY TRUTH-IN-CONSUMER CONTRACT WARRANTY AND NOTICE ACT (“TCCWNA”).
Please be advised that BYLR does not itself provide health-related advice, products, and/or services, and no BYLR personnel should be considered as a substitute for your health care provider, psychologist, social worker, therapist, or similar licensed practitioner. The Content presented by and through the BYLR Courses, the BYLR Events, and other Site Offerings, including the Content provided by Coaches, is in no way intended as medical advice, or the advice offered by a psychologist, social worker, therapist, or similar licensed practitioner. All Content that is made available by and through the BYLR Courses, the BYLR Events, and other Site Offerings, including the Content provided by Coaches, should be discussed and confirmed with your physician or other healthcare provider before adopting any exercise regimen, wellness program, or other activity. Your physician should allow for proper follow-up visits and individualize your treatment plan as appropriate. If you have or suspect that you have a medical problem as a result of any Coach’s recommendation, Content, BYLR Courses, BYLR Events, and/or health and fitness advice, products and/or services, promptly contact your health care provider. Never disregard professional medical advice (or the advice of your psychologist, social worker, therapist or similar licensed practitioner) or delay in seeking such professional advice because of something recommended by a Coach, or something that you have read on the Site, in connection with the BYLR Courses or BYLR Events, and/or any other Site Offerings.
Not everyone is healthy enough to engage in strenuous physical activity. You should consult with your physician before engaging in any exercise routine or other physical activity, whether recommended by any Coaches, or otherwise featured by and through the BYLR Courses, BYLR Events, and/or any other Site Offerings. Engaging in any exercise routine or other activity recommended by a Coach or otherwise associated with the Content, BYLR Courses, BYLR Events, or Site Offerings is at your own risk. If you have or suspect that you have developed a medical problem associated with any physical activity undertaken in connection with a Coach’s recommendation, the Content, BYLR Courses, BYLR Events, and/or other Site Offerings, promptly contact your health care provider.
Without limiting the foregoing, Coaches’ recommendations, BYLR Courses and/or Content that contains recipes, cooking tips, healthy meal recommendations, dietary advice and/or other similar material made available by and through and/or in connection with the Site Offerings (collectively, the “Dietary Advice”) may include ingredients that you are allergic to. You should always check the ingredients in any recipe included in the Dietary Advice to avoid potential allergic reactions. If you have or suspect that you have an allergic reaction or other adverse health event, promptly contact your health care provider.
Reliance on any information made available to you by and through the Site Offerings, including information made available by any Coach, the BYLR Courses, BYLR Events, and/or Content, is solely at your own risk. BYLR, the Coaches, and all Covered Parties disclaim any and all liability for any damage or injury based on Content, BYLR Courses, BYLR Events, or other information directly or indirectly obtained through the Site Offerings.
Facebook® is a registered trademark of Facebook, Inc. (“Facebook”). Instagram® is a registered trademark of Facebook (“Instagram”). Twitter® is a registered trademark of Twitter, Inc. (“Twitter”). Please be advised that BYLR is not in any way affiliated with Facebook, Instagram or Twitter, and the Site Offerings are not endorsed, administered or sponsored by Facebook, Instagram or Twitter.
1. Scope; Modification of Agreement. The Agreement constitutes the entire and only agreement between Users and BYLR with respect to Users’ use of the Site Offerings, and supersedes all prior or contemporaneous agreements, representations, warranties and/or understandings with respect to same. BYLR may amend the Agreement from time to time in its sole discretion, without specific notice to Users; provided, however, that any amendment or modification to the: (a) arbitration provisions, prohibition on class action provisions or any other provisions applicable to dispute resolution (collectively, “Dispute Resolution Provisions”) shall not apply to any disputes incurred prior to the applicable amendment or modification; and (b) pricing and/or billing provisions (“Billing Provisions”) shall not apply to any charges incurred prior to the applicable amendment or modification. The latest Agreement will be posted on the Site, and Users should review the Agreement prior to using any Site Offerings. By a User’s continued use of the Site Offerings, that User hereby agrees to comply with all of the terms and conditions contained within the Agreement effective at that time (other than with respect to disputes arising prior to the amendment or modification of the Dispute Resolution Provisions, or charges incurred prior to the amendment or modification of the Billing Provisions, which shall be governed by the Dispute Resolution Provisions and/or Billing Provisions then in effect at the time of the subject dispute or incurred charges, as applicable).
2. Requirements; Termination of Access to the Site Offerings. The Site Offerings are available only to individuals who can enter into legally binding contracts under applicable law. The Site Offerings are not intended for use by individuals under eighteen (18) years of age (or the applicable age of majority, if greater than eighteen (18) years of age in their respective jurisdictions). If a User is under eighteen (18) years of age (or the applicable age of majority, if greater than eighteen (18) years of age in her/his jurisdiction) and/or if that User is unable to enter into legally binding contracts under applicable law, that User does not have permission to use and/or access the Site Offerings. BYLR may terminate a User’s access to the Site Offerings at any time and for any reason, in its sole discretion. Such reasons may include, without limitation, where BYLR believes that such User is: (a) in any way in breach of the Agreement; and/or (b) engaged in any improper conduct in connection with the Site Offerings.
You shall be responsible, at all times, for ensuring that you have an Internet connection, computer/mobile device, up-to-date Internet browser versions, a functioning e-mail account, applicable software, applicable hardware and/or other equipment necessary to access the Site Offerings. BYLR does not guarantee the quality, speed or availability of the Internet connection associated with your mobile device and/or computer. BYLR does not guarantee that the Site Offerings can be accessed: (a) on all mobile devices; (b) through all wireless service plans; (c) in connection with all Internet browsers; or (d) in all geographical areas. Standard messaging, data and wireless access fees may apply to your use of the Site Offerings through your wireless device. You are fully responsible for all such charges and BYLR has no liability or responsibility to you, whatsoever, for any such charges billed by your wireless carrier.
4. Content. The Site Offerings contain Content which may include, but is not limited to, course work, text, video and other information pertaining to health, fitness, motivation, challenges, events, and other subject matter. Please be advised that BYLR does not itself provide health advice, products, and/or services. The Content presented by and through the Site Offerings shall at all times remain subject to any and all disclaimers appearing on the Site and in the Agreement, and is in no way intended as medical advice. All Content that is made available by and through the Site Offerings should be discussed and confirmed with your physician or other healthcare provider before adopting any exercise regimen, wellness program or other activity.
5. BYLR Courses. The BYLR Courses offer Users the opportunity to participate in remote-learning coursework taught by our BYLR coaches (“Coaches”), including interactive sessions with our Coaches, pertaining to health, fitness, motivation, challenges, events, and other subject matter. Please be advised that BYLR does not itself provide health-related advice, products, and/or services. The BYLR Courses presented by and through the Site Offerings shall at all times remain subject to any and all disclaimers appearing on the Site and in the Agreement, and are in no way intended as medical advice. All Content that is made available by and through the BYLR Courses should be discussed and confirmed with your physician or other healthcare provider before adopting any Dietary Advice, exercise regimen, wellness program, or other activity. BYLR does not represent or warrant that the Content and/or other information provided by and through the BYLR Courses and other Site Offerings is accurate, complete, up-to-date, or appropriate.
6. BYLR Events. Users that take BYLR Courses, or other Users upon registering and paying a separate fee, shall have the opportunity, from time-to-time, to participate in live events, fitness challenges, fitness classes, and/or other special events. Details pertaining to each BYLR Event shall be made available by and through the Site Offerings. You are solely responsible for your interactions with other Users at the BYLR Events.
You acknowledge and agree that participation in any BYLR Event: (a) may be considered hazardous; (b) may involve a test of your physical and mental limits; and (c) may carry with it the potential for death, serious injury and/or property loss. The risks may include, but are not limited to, those associated with terrain, facilities, temperature, weather, lack of hydration, participants’ mental and physical condition, equipment, vehicular traffic, actions of others including, but not limited to, other participants, volunteers, spectators, coaches, event officials, event monitors, and/or producers of the BYLR Event, and the possibility of the presence of, or transmission of, any bacteria, viruses, or infectious diseases, including but not limited to, the novel coronavirus referred to as “COVID-19” or any similar virus. By participating in a BYLR Event, you represent and warrant that: (i) you are physically and mentally capable of engaging in the subject BYLR Event; (ii) you do not have any known medical condition(s) or disabilities incompatible with safe participation in the subject BYLR Event; and (iii) you will immediately advise a BYL staff member present at the subject BYLR Event if you learn of any such medical condition or disability. By participating in a BYLR Event, you waive any and all rights, claims, actions, suits, damages, judgments, executions, demands or causes of action of any kind whatsoever, including for negligence (where permitted by law) on the part of the BYLR, arising out of or related to your participation in any aspect of the subject BYLR Event, and do hereby release and forever discharge BYLR and its respective affiliates, subsidiaries, parents, managers, members, agents, attorneys, staff, nurses, medical personnel, volunteers, heirs, representatives, predecessors, successors, licensees, designees and assigns, for any physical, emotional or psychological injury including, but not limited to, illness, paralysis, disfigurement, death, damages, economic and/or emotional loss, that you may suffer as a result of your participation in the subject BYLR Event, including: (A) training for the subject BYLR Event; (B) traveling to and from the subject BYLR Event; or (C) any advice or recommendation provided to you in connection with the subject BYLR Event. In the event that you should require medical care or treatment, you consent to such treatment and you agree to be financially responsible for any and all costs incurred as a result of such treatment. In the event that any damage to equipment, facilities or the premises associated with a BYLR Event occurs as a result of your willful actions, neglect or recklessness, you acknowledge and agree to be held liable for any and all costs associated with, or that result directly or indirectly from, same. Finally, BYLR has taken a very serious approach to COVID-19 and has implemented recommended preventive measures to help reduce the spread of COVID-19. However, it is possible that by participating in a BYLR, you may contract COVID-19. You hereby acknowledge, and assume the risk, that COVID-19 is highly contagious, you may be exposed to COVID-19 if you participate in a BYLR Event, whether through my own actions or actions of others, including actions by employees and owners of BYLR, and you understand that such exposure may result in personal injury, illness, permanent disability and/or death.
Please be advised that not everyone is healthy enough to engage in all physical activity depending on the range of activities and intensity levels. All aspects of each BYLR Event, including any preparatory exercise regime, wellness program, or other activity associated therewith, should be discussed with your physician or other healthcare provider before participating in any BYLR Event(s) and/or adopting any exercise regimen, wellness program or other activity associated with same. Engaging in any preparatory exercise routine, program, or other activity associated with any BYLR Event(s) is done at your own risk. Please use caution, common sense and safety when participating in any BYLR Event(s). If you have, or suspect that you have, a medical problem, promptly contact your health care provider.
7. Billing Provisions. Certain of our Site Offerings, including the BYLR Courses or BYLR Events, may be subject to fees due now or in the future (the “Paid Services”), which in certain cases may include recurring, automatically renewing payment obligations (as further described in the “Auto-Renewals and Recurring Billing for Renewal Plans and Other Subscription Services” subsection below). Please see our FAQ page for a description of the current Paid Services, our shipping terms, if applicable, and cancellation and refund policies. Please note that any payment terms presented to you in the process of using or signing up for a Paid Service are deemed part of the Agreement. UNLESS OTHERWISE INDICATED TO THE CONTRARY ON THE SITE OR IN THE AGREEMENT, ALL PAID SERVICES PURCHASES ARE FINAL AND NON-REFUNDABLE.
You may place an order for Paid Services at any time (subject to any planned or unplanned downtime). When you submit your Paid Services order by clicking the “Submit Purchase” or other similar button on the checkout page, your submitted order constitutes a legally binding offer given by you to us to purchase the Paid Services specified in that order, subject to the Agreement, at the price and on the terms stated when you place your order. All orders are subject to acceptance by us. Your order will not be considered accepted until we have received payment of the purchase price for your order. We may send an acknowledgment of our receipt of your order to the email address you provide, after your payment for the order has been processed, so that you may print the information for your records.
Our products and services, including, without limitation, our Paid Services, are for your personal, non-commercial use, and once delivered to you may not be resold, redistributed, exported or used for any commercial purpose. The rights you have under the Agreement are personal to you and are non-transferable.
We use third-party payment processors (collectively, “Payment Processor”) to process your payments for the Paid Services. The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processors in addition to the Agreement. We are not responsible for errors made by the Payment Processors. By choosing to obtain Paid Services, you agree to pay, through the Payment Processors, all charges at the prices then in effect for any use of such Paid Services in accordance with the applicable payment terms and you authorize us, through the Payment Processor, to charge your chosen Payment Method. We reserve the right to correct any errors or mistakes that the Payment Processor makes even if it has already requested or received payment. The fees associated with your purchases will appear on your Payment Method statement through the identifier: BYLR, LLC.
Auto-Renewals and Recurring Billing for Renewal Plans and Other Subscription Services
Some of the Paid Services, such as the purchase of auto-renewal products and/or services, may consist of an initial period for which there is a one-time charge or a Trial Offer (as defined below), followed by recurring periodic charges as agreed to by you when you sign up for such auto-renewal products (“Subscription Services”). Unless you opt out of a Subscription Service, which can be done via the methods described below, the Subscription Services that you have signed up for will be automatically extended for successive renewal periods of the same duration as the subscription term you originally selected, at the rate established when you registered. More information on Subscription Services can be found at our FAQ page. By choosing a Subscription Service, you acknowledge that such Subscription Service has an initial and recurring payment feature, and you accept responsibility for all recurring charges prior to the effective date of cancellation of such Subscription Service. You acknowledge and agree that BYLR will not obtain any additional authorization from you for this recurring payment. All recurring payments relating to Subscription Services are fully earned upon payment.
To change or cancel your Subscription Services at any time, fill out this form to cancel 30 DOE or this form to cancel BACC. If you terminate a Subscription Service, your subscription will not be renewed after your then-current subscription term expires.
Free Trials and Other Promotions
Any free trial or other promotion that provides access to a Paid Service (a “Trial Offer”) must be used within the specified time of the Trial Offer. You will be required to have a valid Payment Method on file in order to initiate a Trial Offer. You must cancel a Paid Service before the end of the Trial Offer period in order to avoid being charged for that Paid Service. If you cancel prior to the end of the Trial Offer period and are inadvertently charged for a Paid Service, please contact us at info@BYLR.com. Trial Offers are one (1)-time only for new customers and are limited to one (1) per household. Additional terms and limitations may apply and will be more fully explained at the time you sign up for the Trial Offer. Any such additional terms and limitations are deemed part of the Agreement.
WE MAY SUBMIT PERIODIC CHARGES (E.G., MONTHLY) TO YOUR PAYMENT METHOD WITHOUT FURTHER AUTHORIZATION FROM YOU, UNTIL YOU PROVIDE PRIOR NOTICE (RECEIPT OF WHICH IS CONFIRMED BY US) THAT YOU HAVE TERMINATED THIS AUTHORIZATION OR WISH TO CHANGE YOUR PAYMENT METHOD. SUCH NOTICE WILL NOT AFFECT CHARGES SUBMITTED BEFORE WE REASONABLY COULD ACT. TO TERMINATE YOUR AUTHORIZATION, PLEASE CONTACT US AT THE EMAIL ADDRESS OR TOLL-FREE NUMBER LISTED ABOVE.
Current Information Required
You must provide current, complete and accurate information for your Payment Method. You must promptly update all information to keep your Payment Method current, complete and accurate (such as a change in billing address, credit card number or credit card expiration date), and you must promptly notify us or our Payment Processor if your Payment Method is canceled (e.g., for loss or theft) or if you become aware of a potential breach of security, such as the unauthorized disclosure or use of your user name or password. Changes to such information can be made through your account. IF YOU FAIL TO PROVIDE ANY OF THE FOREGOING INFORMATION, YOU AGREE THAT WE MAY CONTINUE CHARGING YOUR PAYMENT METHOD FOR ANY USE OF PAID SERVICES UNTIL YOU HAVE TERMINATED YOUR PAID SERVICES AS SET FORTH ABOVE.
Change in Amount Authorized
If the amount to be charged to your Payment Method varies from the amount you preauthorized (other than due to the imposition or change in the amount of state sales taxes), you have the right to receive, and we shall provide, notice of the amount to be charged and the date of the charge before the scheduled date of the transaction. If, on receipt of such notice, you do not wish to continue with the purchase, you may cancel at any time before the scheduled date of the transaction. Any agreement you have with your payment provider will govern your use of your Payment Method. You agree that we may accumulate charges incurred and submit them as one or more aggregate charges during or at the end of each billing cycle.
General Billing Terms
Your non-termination or continued use of a Paid Service (including, without limitation, Subscription Services) reaffirms that we are authorized to charge your Payment Method for that Paid Service. We may submit those charges for payment and you will be responsible for such charges. This does not waive our right to seek payment directly from you. Your charges may be payable in advance, in arrears, per usage or as otherwise described when you initially selected to use the Paid Service. Failure to use the Paid Services does not constitute a basis for refusing to pay any of the associated charges. Subject to the conditions set forth herein, you agree to be bound by the Billing Provisions of BYLR in effect at any given time. Upon reasonable prior written notice to you (with e-mail sufficing), BYLR reserves the right to change its Billing Provisions whenever necessary, in its sole discretion. Continued use of the Site and/or purchase of Paid Services after receipt of such notice shall constitute consent to any and all such changes; provided, however, that any amendment or modification to the Billing Provisions shall not apply to any charges incurred prior to the applicable amendment or modification. BYLR’s authorization to provide and bill for Paid Services is obtained by way of your electronic signature or, where applicable, via physical signature and/or voice affirmation. Once an electronic signature is submitted, this electronic order constitutes an electronic letter of agency. BYLR’s reliance upon your electronic signature was specifically sanctioned and written into law when the Uniform Electronic Transactions Act and the Electronic Signatures in Global and National Transactions Act were enacted in 1999 and 2000, respectively. Both laws specifically preempt all state laws that recognize only paper and handwritten signatures
8. Interactions. To the extent applicable, Users are solely responsible for their interactions with other Users, Coaches, and third parties. Because BYLR is not involved in User interactions, except as set forth in these Terms and Conditions, in the event that you have a dispute with one or more User, Coach, and/or other third-party, you hereby release BYLR from any and all claims, demands and/or damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of, or in any way connected with, such disputes.
9. Interactive Services.
(a) Subject to the restrictions contained herein including, without limitation, those contained below, the Interactive Services may allow Users to post comments, and engage in other interactive communication, by and through the Site Offerings. In connection with the Interactive Services, each User shall be solely responsible for the comments, opinions, statements, offers, propositions, feedback and other content (collectively, “Feedback”) posted by and through the Interactive Services. BYLR reserves the right to prohibit any conduct by Users, or to remove any materials or Feedback posted by Users by and through the Interactive Services, that BYLR deems, in its sole and absolute discretion, to be in violation of the Agreement and/or which BYLR believes to be illegal, potentially harmful to others, otherwise objectionable or that same may expose BYLR to harm, damage to reputation or liability. Notwithstanding the foregoing, BYLR undertakes no responsibility to monitor or otherwise police the actions of Users, Feedback and/or other material posted by Users and/or other third parties. BYLR shall have no obligation and incur no liability to such Users in connection with any Feedback. Users may find certain Feedback to be outdated, harmful, inaccurate and/or deceptive. Please use caution, common sense and safety when viewing Feedback. You agree to use the Interactive Services in a manner consistent with, and in full compliance with, any and all applicable laws and regulations.
(b) In connection with your use of the Interactive Services and other of the Site Offerings, you agree not to: (i) display any telephone numbers, street addresses, last names, URLs, e-mail addresses, or any confidential information of any third party; (ii) display any audio files, text, photographs, videos, or other images containing confidential information; (iii) display any audio files, text, photographs, videos, or other images that may be deemed indecent or obscene in your community, as defined under applicable law; (iv) impersonate any person or entity; (v) “stalk” or otherwise harass any person; (vi) engage in unauthorized advertising to, or commercial solicitation of, other Users; (vii) transmit any chain letters, spam, or junk e-mail to other Users; (viii) express or imply that any statements that you make are endorsed by BYLR, without BYLR’s specific prior written consent; (ix) harvest or collect personal information of other Users whether or not for commercial purposes, without their express consent; (x) use any robot, spider, search/retrieval application or other manual or automatic device or process to retrieve, index, “data mine” or in any way reproduce or circumvent the navigational structure or presentation of the Site Offerings; (xi) post, distribute, or reproduce in any way any copyrighted material, trademarks or other proprietary information without obtaining the prior consent of the owner of such proprietary rights; (xii) remove any copyright, trademark, or other proprietary rights notices contained on the Site; (xiii) interfere with or disrupt the Site and/or the servers or networks connected to same; (xiv) post, offer for download, e-mail, or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (xv) post, offer for download, transmit, promote, or otherwise make available any software, product or service that is illegal or that violates the rights of a third party including, but not limited to, spyware, adware, programs designed to send unsolicited advertisements (i.e. “spamware”), services that send unsolicited advertisements, programs designed to initiate “denial of service” attacks, mail bomb programs, and programs designed to gain unauthorized access to mobile networks; (xvi) “frame” or “mirror” any part of the Site without BYLR’s prior written authorization; (xvii) use metatags or code or other devices containing any reference to any Site Offerings in order to direct any person to any other mobile application or website for any purpose; and/or (xviii) modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile, or otherwise disassemble any portion of the Site Offerings or any software used in or in connection with Site Offerings. BYLR reserves the right to pursue any and all legal remedies against Users that engage in the aforementioned prohibited conduct.
10. Third Party Websites, Mobile Applications, and Social Media Pages. The Site Offerings may contain links to other websites, Social Media Pages, and mobile applications on the Internet (“Third Party Sites”) that are owned and operated by third parties, as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties (the “Third Party Materials”). The Third Party Sites are hosted and made available on third party websites by third party entities. You understand and agree that BYLR shall not be liable to you, any other User or any third party for any claim in connection with your use of, or inability to use, the Third Party Sites. The Third Party Materials are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Sites accessed through the Site or any Third Party Materials posted on, available through or installed from the Site, including the content, accuracy, appropriateness, opinions, reliability, privacy practices, or other policies of or contained in the Third Party Sites or the Third Party Materials. The inclusion of any link does not imply endorsement by BYLR of the applicable Third Party Site or any association with the Third Party Site’s operators. Because BYLR has no control over such Third Party Sites and/or resources, each User agrees that BYLR is not responsible or liable for the availability or the operation of such external Third Party Sites, for any material located on or available from or through any such Third Party Sites or for the protection of any User’s data privacy by third parties. Each User further agrees that BYLR shall not be responsible or liable, directly or indirectly, for any loss or damage caused by the use of or reliance on any such material available on, by or through any such Third Party Site. If you decide to leave the Site and access the Third Party Sites or to use or install any Third Party Materials, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any Third Party Site to which you navigate from the Site. The Site may contain links to the various BYLR Social Media Pages. The Social Media Pages are hosted and made available on third party websites (“Social Media Websites”) by third party entities. Your use of Social Media Pages and Social Media Websites shall be governed by those Social Media Websites’ applicable agreements, terms, and conditions. You understand and agree that BYLR shall not be liable to you, any other User or any third party for any claim in connection with your use of, or inability to use, the Social Media Pages and/or Social Media Websites.
11. Promotions. From time-to-time, BYLR may make certain Promotions available to Users. By providing true and accurate information in connection with the applicable Promotion entry form(s) and agreeing to the Contest Rules applicable to each Promotion, you can obtain, or attempt to obtain, entries for the chance to win prizes in the applicable Promotion(s). You understand and agree that BYLR shall not be liable to any end-user or any third-party for any claim in connection with your participation in any of the Promotions.
12. Representations and Warranties. Each User hereby represents and warrants to BYLR as follows: (a) the Agreement constitutes such User’s legal, valid, and binding obligation which is fully enforceable against such User in accordance with its terms; and (b) such User understands and agrees that such User has independently evaluated the desirability of utilizing the Site Offerings and that such User has not relied on any representation and/or warranty other than those set forth in the Agreement.
13. Indemnification. Each User agrees to indemnify, defend and hold the Covered Parties (including Coaches), their respective members, officers, directors, employees, agents and attorneys, harmless from and against any and all liabilities, claims, actions, suits, proceedings, judgments, fines, damages, costs, losses and/or expenses (including reasonable attorneys’ fees, court costs and/or settlement costs) arising from and/or related to: (a) any dispute between that User and any other User and/or third party; (b) User’s breach of the Agreement and/or any representation or warranty contained herein; and/or (c) User’s improper and/or unauthorized use of the Site Offerings. The provisions of this Section 13 are for the benefit of the Covered Parties, their respective owners, parents, subsidiaries and/or affiliates, and each of their respective officers, directors, members, employees, agents, shareholders, licensors, suppliers and/or attorneys. Each of these individuals and entities shall have the right to assert and enforce these provisions directly against you on its own behalf.
14. License Grant. Each User is granted a non-exclusive, non-transferable, revocable and limited license to access and use the Site Offerings. BYLR may terminate this license at any time for any reason. Unless otherwise expressly authorized by BYLR, Users may only use the Site Offerings for their own personal, non-commercial use. No part of the Site Offerings may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical. No User or other third party may use any automated means or form of scraping or data extraction to access, query or otherwise collect material from the Site Offerings except as expressly permitted by BYLR. No User or other third party may use, copy, emulate, clone, rent, lease, sell, modify, decompile, disassemble, reverse engineer or transfer the Site Offerings, or any portion thereof. No User or other third party may create any “derivative works” by altering any aspect of the Site Offerings. No User or other third party may use the Site Offerings in conjunction with any other third-party content. No User or other third party may exploit any aspect of the Site Offerings for any commercial purposes not expressly permitted by BYLR. Each User further agrees to indemnify and hold BYLR harmless for that User’s failure to comply with this Section 14. BYLR reserves any rights not explicitly granted in the Agreement.
15. Proprietary Rights. The Site Offerings, as well as the organization, graphics, design, compilation, magnetic translation, digital conversion, software, services and other matters related to same, are protected under applicable copyrights, trademarks, patents and other proprietary (including, but not limited to, intellectual property) rights. The copying, redistribution or publication by any User or other third party of any part of the Site Offerings is strictly prohibited. No User or other third party acquires ownership rights in or to any content, document, software, services or other materials viewed by or through the Site Offerings. The posting of information or material by and through the Site Offerings does not constitute a waiver of any right in or to such information and/or materials.
The trademarks, logos, images and service marks (“Trademarks”) displayed on this Site are the property of BYLR or other third parties. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes. Users are not permitted to use these Trademarks without the prior written consent of BYLR or such third parties which may own the Trademarks. Any request for permission to publicly use the trademarks of BYLR must be made in writing and must be approved and acknowledged by BYLR.
16. Legal Warning. Any attempt by any individual to damage, destroy, tamper with, vandalize and/or otherwise interfere with the operation of the Site Offerings is a violation of criminal and civil law and BYLR will diligently pursue any and all remedies against any offending individual or entity to the fullest extent permissible by law and in equity.
17. Disclaimer of Warranties. THE SITE OFFERINGS AND ANY OTHER PRODUCTS AND/OR SERVICES OFFERED BY AND/OR THROUGH SAME ARE PROVIDED TO USERS ON AN “AS IS” AND “AS AVAILABLE” BASIS AND ALL WARRANTIES, EXPRESS AND IMPLIED, ARE DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND/OR FITNESS FOR A PARTICULAR PURPOSE). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, THE COVERED PARTIES (INCLUDING COACHES) MAKE NO WARRANTY THAT THE SITE OFFERINGS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED BY AND/OR THROUGH SAME: (A) WILL MEET ANY USER’S REQUIREMENTS; (B) WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE OR THAT DEFECTS WILL BE CORRECTED; (C) WILL BE FREE OF HARMFUL COMPONENTS; (D) WILL ENABLE ANY USER TO REALIZE ANY EDUCATIONAL, HEALTH, DIETARY, EXERCISE AND/OR WELLNESS BENEFIT; AND/OR (E) WILL BE ACCURATE OR RELIABLE. THE SITE OFFERINGS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED BY AND/OR THROUGH SAME MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. BYLR WILL NOT BE LIABLE FOR THE AVAILABILITY OF THE UNDERLYING INTERNET CONNECTION ASSOCIATED WITH THE SITE OFFERINGS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY ANY USER FROM THE COVERED PARTIES (INCLUDING COACHES) OR OTHERWISE THROUGH OR FROM THE SITE OFFERINGS SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.
18. Limitation of Liability. EACH USER EXPRESSLY UNDERSTANDS AND AGREES THAT THE COVERED PARTIES (INCLUDING COACHES) SHALL NOT BE LIABLE TO THAT USER OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL AND/OR EXEMPLARY DAMAGES INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE COVERED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), TO THE FULLEST EXTENT PERMISSIBLE BY LAW FOR: (A) THE USE OR INABILITY TO USE THE SITE OFFERINGS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED BY AND/OR THROUGH SAME; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, CONTENT AND/OR ANY OTHER PRODUCTS OR SERVICES PURCHASED OR OBTAINED FROM OR THROUGH THE SITE OFFERINGS; (C) ANY DISPUTE BETWEEN ANY USERS AND/OR OTHER THIRD PARTIES; (D) THE UNAUTHORIZED ACCESS TO, OR ALTERATION OF, ANY REGISTRATION DATA; (E) THE FAILURE TO REALIZE ANY EDUCATIONAL, HEALTH, DIETARY, EXERCISE, AND/OR WELLNESS BENEFIT; AND/OR (F) ANY OTHER MATTER RELATING TO THE SITE OFFERINGS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED BY AND/OR THROUGH SAME. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION, IN THE AGGREGATE INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION AND ANY AND ALL OTHER TORTS. EACH USER HEREBY RELEASES THE COVERED PARTIES (INCLUDING COACHES) FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THE LIMITATIONS STATED HEREIN. IF APPLICABLE LAW DOES NOT PERMIT SUCH LIMITATIONS, THE MAXIMUM LIABILITY OF THE COVERED PARTIES (INCLUDING COACHES), COLLECTIELY, TO ANY USER UNDER ANY AND ALL CIRCUMSTANCES WILL BE FIVE HUNDRED DOLLARS ($500.00). NO ACTION, REGARDLESS OF FORM, ARISING OUT OF THE SITE OFFERINGS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED BY AND/OR THROUGH SAME, MAY BE BROUGHT BY ANY USER OR COVERED PARTY MORE THAN ONE (1) YEAR FOLLOWING THE EVENT WHICH GAVE RISE TO THE CAUSE OF ACTION. THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN EACH USER AND THE COVERED PARTIES (INCLUDING COACHES). ACCESS TO THE SITE OFFERINGS WOULD NOT BE PROVIDED TO USERS WITHOUT SUCH LIMITATIONS. SOME JURISDICTIONS, SUCH AS THE STATE OF NEW JERSEY, MAY NOT ALLOW CERTAIN LIMITATIONS ON LIABILITY SET FORTH ABOVE AND IN SUCH JURISDICTIONS THE LIABILITY OF THE COVERED PARTIES (INCLUDING COACHES) SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
19. Intellectual Property/Copyright Policy.
(a) BYLR and all of BYLR’s graphics, logos, designs, page headers, button icons, scripts and service names are the trademarks, service marks or trade dress of BYLR in the United States and/or other countries and may not be used, including as part of trademarks, service marks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion in the marketplace and may not be copied, imitated or used, in whole or in part, without BYLR’s prior written permission.
(b) BYLR reserves the right to terminate any User’s access to the Site Offerings where such User infringes upon third-party copyrights or trademark rights.
20. Editing, Deleting and Modification. BYLR reserves the right in its sole discretion to edit and/or delete any documents, information, BYLR Courses, BYLR Events, or Content appearing on the Site.
21. Submissions, Uploads, Copyrights and Copyright Agents (DMCA Policy)
(a) By using the Site Offerings and/or uploading any material to the Site (“Uploaded Content”), you represent and warrant as a material part of this Agreement that any and all intellectual property, content, or media that you upload does not in any way infringe upon the intellectual property rights of any third party, including such rights manifested in registered or unregistered copyrights, trademarks, patents, or trade secrets, whether at common law, by statute or under the terms of the Digital Millennium Copyright Act, as amended.
(b) By uploading, publishing, modifying or displaying Uploaded Content to any part of the Site Offerings or our Site, you automatically grant, and you represent and warrant that you have the right and all necessary licenses to grant, to us an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part), transmit, and distribute the Uploaded Content for any purpose on or in connection with the Site Offerings or our Site or the promotion thereof, to prepare derivative works of, or incorporate into other works, the Uploaded Content, and to grant and authorize sublicenses of the foregoing. You also grant each user of the Site Offerings and our Site a non-exclusive license to access the Uploaded Content through the Site Offerings or the Site, and to use, reproduce, distribute, display and perform the Uploaded Content as permitted through the functionality of the Site Offerings and/or the Site and under the Agreement.
(c) WE RESERVE THE RIGHT TO IMMEDIATELY REMOVE ANY MATERIAL THAT IS OR MAY BE INFRINGING OF ANY THIRD PARTY RIGHTS AT ANYTIME, WITHOUT REFUND OR PRIOR NOTICE TO YOU. YOU AGREE THAT WE MAY TERMINATE YOUR ACCESS TO THE SITE OFFERINGS AND/OR SITE AT ANY TIME FOR ANY REASON WITHOUT NOTICE.
(d) If you believe the Site Offerings or our Site contain(s) content that infringes upon your rights, please notify us immediately. We respect the intellectual property rights of others, and we ask that our users do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, and you wish for the content to be removed, please provide our Copyright Agent with the following information:
(i) An electronic or physical signature of the person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed;
(ii) An identification of the copyrighted work that you claim has been infringed;
(iii) A description of where the material that you claim is infringing is located on the Site;
(iv) Your address, telephone number, and if available, e-mail address;
(v) A statement by you that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Our Copyright Agent for Notice of claims of copyright infringement on the Site can be reached as follows:
By e-mail to: email@example.com
(e) Counter Filing. Pursuant to sections 512(g)(2) and (3) of the Digital Millennium Copyright Act, we may reinstate content if we receive a counter notification by the provider of the affected content. If you are the content provider, and you feel you must submit a counter notification regarding content that has been removed from our Site, you must submit — in writing — a counter notification that must include the following:
(i) Your physical or electronic signature;
(ii) Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
(iii) A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;
(iv) Your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if your address is outside of the United States, in the District of Colombia, and that you will accept service of process from the person who provided notification under the preceding Section 17(f) or an agent of such person.
(v) Send the notice:
By e-mail to: firstname.lastname@example.org
Please note that you will be liable for any damages (which include costs and attorney fees) if you materially represent that your content and or activity is not infringing upon the copyrights of others. If you are not sure if your content and or activity infringes on the copyrights of others, we advise you to consult with an attorney. You may find a sample counter claim form here: EFF.org
23. Dispute Resolution Provisions. The Agreement shall be treated as though it were executed and performed in New York, New York and shall be governed by and construed in accordance with the laws of the State of New York (without regard to conflict of law principles). You hereby agree to arbitrate all claims that may arise under the Agreement that you may have against BYLR or any of the Covered Parties, who are express third-party beneficiaries of the mandatory arbitration provision. Without limiting the foregoing, should a dispute arise between you and BYLR and/or any Covered Party including, without limitation, any matter concerning the Site Offerings, the terms and conditions of the Agreement or the breach of same by any party hereto: (a) the parties agree to submit their dispute for resolution by arbitration before a reputable arbitration organization as mutually agreed upon by the parties in New York, New York, in accordance with the then current Commercial Arbitration rules of the American Arbitration Association; and (b) you agree to first commence a formal dispute proceeding by completing and submitting an Initial Dispute Notice which can be found here. The applicable Covered Party(ies) named in the arbitration proceeding (collectively, the “Named Parties”) may choose to provide you with a final written settlement offer after receiving your Initial Dispute Notice (“Final Settlement Offer”). If the Named Parties provide you with a Final Settlement Offer and you do not accept it, or the Named Parties cannot otherwise satisfactorily resolve your dispute and you wish to proceed, you must submit your dispute for resolution by arbitration before a reputable arbitration organization as mutually agreed upon by the parties, in your county of residence, by filing a separate Demand for Arbitration, which is available here. For claims of Ten Thousand Dollars ($10,000.00) or less, you can choose whether the arbitration proceeds in person, by telephone or based only on submissions. If the arbitrator awards you relief that is greater than the applicable Final Settlement Offer, then the applicable Named Parties will pay all filing, administration and arbitrator fees associated with the arbitration and, if you retained an attorney to represent you in connection with the arbitration, the applicable Named Parties will reimburse any reasonable attorneys’ fees that your attorney accrued for investigating, preparing and pursuing the claim in arbitration. Any award rendered shall be final and conclusive to the parties and a judgment thereon may be entered in any court of competent jurisdiction. Nothing contained herein shall be construed to preclude any party from: (i) seeking injunctive relief in order to protect its rights pending an outcome in arbitration; and/or (ii) pursuing the matter in small claims court rather than arbitration. Although the Named Parties may have a right to an award of attorneys’ fees and expenses if they prevail in arbitration, the Named Parties will not seek such an award from you unless the arbitrator determines that your claim was frivolous.
To the extent permitted by law, you agree that you will not bring, join or participate in any class action lawsuit as to any claim, dispute or controversy that you may have against any Covered Entity and/or BYLR (including their respective employees, officers, directors, members, representatives and/or assigns). You agree to the entry of injunctive relief to stop such a lawsuit or to remove you as a participant in the suit. You agree to pay the attorney’s fees and court costs that BYLR and/or any Covered Entity incurs in seeking such relief. This provision preventing you from bringing, joining or participating in class action lawsuits: (i) does not constitute a waiver of any of your rights or remedies to pursue a claim individually and not as a class action in binding arbitration as provided above; and (ii) is an independent agreement. You may opt-out of these dispute resolution provisions by providing written notice of your decision within thirty (30) days of the date that you first access the Site.
24. Miscellaneous. To the extent that anything in or associated with the Site Offerings is in conflict or inconsistent with the Agreement, the Agreement shall take precedence. Notwithstanding the foregoing, to the extent that there is any inconsistency between these Terms and Conditions and any Contest Rules, insofar as an applicable Promotion is concerned, the Contest Rules shall govern. BYLR’s failure to enforce any provision of the Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. The parties do not intend that any agency or partnership relationship be created through operation of the Agreement. Should any part of the Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. BYLR may assign its rights and obligations under the Agreement, in whole or in part, to any party at any time without notice to you. The Agreement, may not however, be assigned by you, and you may not delegate your duties under it. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
25. Contact Us. If you have any questions about the Agreement, Site Offerings, you may email us as at: email@example.com.
26. California Consumer Rights and Notices. Residents of California are entitled to the following specific consumer rights information: you may contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs by mail at: 400 R St., Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254. Their website is located at: http://www.dca.ca.gov.
27. Communications. By purchasing any of our products, you agree to receive certain electronic communications from Build Your Life Resume®, subject applicable to law.
You agree that any notice, agreement, disclosure or other communication that Build Your Life Resume® sends you electronically will satisfy any legal communication requirements, including that such communications be in writing.