Last Updated: January 1, 2020
You can contact us anytime by emailing [email protected] to unsubscribe or ask about our policies, which are all below.
Beyond Barriers LLC
102 E Broadway St, #1194
Prosper, TX 75078-1194
Phone: 1 (469) 296-8396
Email: [email protected]
Most activities on Beyond Barriers – like viewing videos, posting User Content and otherwise accessing information and materials – require You to have an account with Beyond Barriers. Beyond Barriers asks for some personal information when You create such an account, including Your name, email addresses, and password.
Beyond Barriers may request from You certain demographic information for the purposes set forth below, including for the Beyond Barriers Quiz to benchmark global data.
Beyond Barriers may record information about Your usage of the Site, including information You volunteer, purchases You make, and Your particular usage habits of the Site. We may associate this information with Your account.
To comply with state law and improve the quality of Content, Beyond Barriers may require You to complete survey information recording Your current state, Your training content needs and Your satisfaction with Content and its presentation.
Volunteered User Content.
Volunteered User Content such as postings to discussion boards and forums is recorded and displayed publicly.
If You purchase products or services through the Site, Beyond Barriers will use industry standard technology to encrypt and process your transactional information, including credit card information, phone number, and billing address.
If you submit personally identifiable information, including demographic information, to Beyond Barriers through the Beyond Barriers site (referenced above), Beyond Barriers will use this information to operate, maintain, and provide to You the features and functionality of Beyond Barriers, as well as generate special personalized Content recommendations, identify personalized networking opportunities and assess aggregate benchmarking trends.
Your Account Name is displayed to other Users when You post User Content. Any User Content that You submit to Beyond Barriers may be redistributed through the internet and other media channels and may be viewed, collected and used by the general public. Please exercise caution when making such postings. Do not disclose information in these public forums that might be personal or confidential.
Beyond Barriers may use Your email address or other personally identifiable information to send commercial or marketing messages to You regarding Content recommendations and special offers. You may choose to opt-out of these communications.
Beyond Barriers may also use Your email address without further consent for non-marketing or administrative purposes (such as notifying you of Site changes or for customer services purposes).
Beyond Barriers uses both Your personally identifiable information and certain non-personally-identifiable information to improve the quality and design of Beyond Barriers and to create new features, promotions, functionality, and services by storing, tracking, and analyzing Your user preferences and trends.
Beyond Barriers contracts with a merchant service provider to process Your transactions through the site. Purchasing information entered to make such purchase will be encrypted using industry standard technology.
INFORMATION COLLECTED AND USE – SPECIAL CATEGORY
General Benchmarking and Research Purposes
Beyond Barriers and its affiliates may use information disclosed through surveys or diagnostics or otherwise provided to or generated by Beyond Barriers or its Affiliates (collectively “Research Data”) for validation, research and benchmarking purposes and product development. Unless otherwise specified prior to collection, Research Data will be disclosed in the aggregate and presented in anonymous form and will not include (directly or by inference) any information identifying participating organizations or any identifiable individual as the source of such data.
WITH WHOM WE SHARE INFORMATION
Beyond Barriers wants you to understand when and with whom we may share personal or other information you have provided to us or that we have collected about you or your activities on our Service.
We may share information with:
Authorized service providers.
We may share your personal and non-personal information with our authorized service providers that perform certain services on our behalf. These services may include, but are not limited to, fulfilling orders, printing and mailing physical invitations and communications, processing credit card payments, processing the redemption and accounting for Beyond Barriers Services, providing customer service and marketing assistance, performing business and sales analysis, supporting the functionality and data and technology infrastructure of our Services, and supporting contests, sweepstakes, surveys and other features offered through our Services. These service providers may have access to personal information needed to perform their functions but are not permitted to share or use such information for any other purposes.
Aggregated and non-personal information.
We may combine non-personal information we collect with additional information collected from other sources. We may combine non-personal with other information collected about a user and share such with third parties for their or their partners’ advertising and/or marketing purposes. We also may share aggregated and/or non-personal with third parties, including (without limitation) advisors, advertisers and investors.
We do not share your personal information with others except as indicated herein or when we inform you and give you an opportunity to opt out of having your personal information shared. Any third parties to whom we may disclose personal information may have their own privacy policies which describe how they use and disclose personal information. Those policies will govern use, handling and disclosure of your personal information once we have shared it with those third parties as described in this Policy. Please note that these entities or their servers may be located either inside or outside the United States.
YOUR CHOICES REGARDING YOUR INFORMATION
Limiting collection of your information.
You can choose not to provide us with certain information, but that may result in you being unable to use certain features of our Services because such information may be required in order for you to register as a member; purchase products or services; participate in a contest, promotion, survey, or sweepstakes; ask a question; or initiate other transactions through our Services.
Delete your information.
You can also submit a request for the deletion or a copy of your personal information by submitting a request via email to [email protected]. Currently, we are only able to verify your identity and process deletion or copy requests based on your submitted email address. If the submitted email address has not been used to register for an account or was not otherwise provided to us by a Host, we will be unable to process your request.
We will only be able to process these types of requests through the contact methods described above. If a request is sent to any other address or through any other medium, we may not be able to process your request.
If you request deletion of your personal information or you close your account, you will no longer be able to sign into our Services or access any of your personal information through the Services. However, you can open a new account at any time. Please note that if you close your account, we may still retain, use and disclose non-personal information associated with your account.
LINKS TO OTHER WEBSITES
The Site contains links to other websites. Such websites are not governed by this statement nor is Beyond Barriers responsible for the protection and privacy of any information provided while visiting other websites. Please exercise caution when visiting these other websites.
EU USERS – YOUR RIGHTS UNDER THE GENERAL DATA PROTECTION REGULATION
We acknowledge your right to access and control your personal data in accordance with applicable Data Protection Laws.
Effective May 25th, 2018, if you are subject to European Union Data Protection Laws (“EU Users”), our processing of your personal data will comply with the Regulations (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016, known as the General Data Protection Regulation (“GDPR”).
Accessing, Correcting or Deleting Your Information. For EU Users, to request access to or correction of your personal data in accordance with applicable Data Protection Laws, you may send an e-mail to [email protected] or a letter to:
Beyond Barriers LLC
102 E Broadway St, #1194
Prosper, TX 75078-1194
Please include your registration information you provided through the Services. We may ask you to provide additional information for identity verification purposes, or to verify that you are in possession of an applicable email account.
For EU Users, if you’d like us to delete information that you have provided through the Services, please contact us at [email protected] and we will respond in a reasonable time in accordance with applicable Data Protection Laws. Please note that some or all of the information you provided may be required in order for the Services to function properly or may be automatically retained in backup storage or records retention archival storage.
Portability of Your Personal Data
For EU Users, should you request it, we will provide you with an electronic file of your basic account information and the information under your sole control in accordance with applicable Data Protection Laws.
Data portability is the ability to obtain some of your information in a format you can move from one service provider to another in accordance with applicable Data Protection Laws. Depending on the context and applicable Data Protection Laws, this applies to some of your information, but not to all of your information.
CALIFORNIA PRIVACY RIGHTS
Under the California Consumer Privacy Act, or CCPA, California residents have certain rights regarding their data, including:
Summary of types of information we may receive and collect:
California and Delaware Do Not Track Disclosures.
Various third parties are developing or have developed signals or other mechanisms for the expression of consumer choice regarding the collection of information about an individual consumer’s online activities over time and across third-party web sites or online services (e.g., browser do not track signals). Currently, we do not monitor or take any action with respect to these signals or other mechanisms.
NEVADA PRIVACY RIGHTS
Nevada law requires us to provide certain Nevada consumers the ability to opt out of the “sale” of “personally identifiable information” as such terms are defined under Nevada law. We do not engage in such activity; however, if you are a Nevada resident who has purchased goods or services from us, you may submit a request to opt out of any potential future sales under Nevada law by emailing [email protected] Once verified, we will maintain your request in the event our practices change.
PERSONAL INFORMATION UPDATES
You may update or correct Your personal profile information and email preferences at any time by submitting a request to [email protected] Beyond Barriers may periodically update this policy. If our information practices change in a significant way, we will post and highlight these policy changes. Beyond Barriers will collect and use Your information according to the most current version of this policy. Your continued use of the Site after this policy is updated constitutes Your acceptance of any changes.
Beyond Barriers LLC
102 E Broadway St, #1194
Prosper, TX 75078-1194
Phone: 1 (469) 296-8396
Email: [email protected]
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE VIEWING ANY PROGRAMS OR OBTAINING ANY MATERIALS, INFORMATION, PRODUCTS OR SERVICES THROUGH THIS WEBSITE.
Beyond Barriers, LLC (”Beyond Barriers”) presently offers access to and use of http://www.BeyondBarriers.co and/or http://www.BeyondBarriersPodcast.com/ and/or http://www.BeyondBarriersAcademy.com/ and/or http://www.IamBeyondBarriers.com and/or http://www.NikkiBarua.com and/or http://www.TheMonicaMarquez.com (the “Sites”) to you (“You”, “Your”), subject to Your acceptance of these terms and conditions (“Terms”).
By accessing, viewing, using, or obtaining any and all programs, content, data, materials or information (collectively, the “Content”) through the Site, You agree to observe these Terms and represent and warrant to Beyond Barriers that You are at least 18 years of age, possess legal parental or guardian consent or are otherwise capable of entering into and performing legal agreements.
You expressly indicate your consent to receive electronically all communications, agreements, documents, notices and disclosures (collectively, “Notices”) that we provide in connection with your User Account and your use of the Services. Notices may, without limitation, email, in-app messages and in-website chat communications. In addition, Notices may be emails with promotional, marketing, and advertising information and recommendations that we believe may be of interest to you. If you do not wish to receive commercial emails, you may unsubscribe following the instructions on any email.
USER ACCOUNTS AND USER REGISTRATION.
While any Visitor can view the Sites, in order to use the Sites and take part in online courses or live seminars or mentorship programs or membership programs, you must select a user identification (“User ID”) and a user password (“User Password”) that is unique and entirely different from your User ID (collectively, a “User Account”). You agree that you will never divulge or share access or access information to your User Account with any third party for any reason. If you do not qualify, you may not attend the online courses or live seminars or mentorship programs or membership programs.
In setting up your User Account, you may be prompted to enter additional information, including but not limited to your name and email address. Additional information may be needed to confirm your identity. You understand and agree that all information provided by you is accurate, current and complete and that you will maintain and update your information to keep it accurate, current and complete. You acknowledge that if any information provided by you is untrue, inaccurate, not current or incomplete, we reserve the right to terminate your use of the Services and your enrollment in the online courses or live seminars or mentorship programs or membership programs, to the extent applicable.
The online courses or live seminars or mentorship programs or membership programs may provide you with the ability to upload forum posts, chat with other Users, User discussions, profile pages, and other content and media for social interaction, or certain information and materials for use with the Site, online courses or live seminars or mentorship programs or membership programs, e.g., questions, hypotheticals, examples, etc. (collectively, “User Content”).
BeyondBarriers.co, NikkiBarua.com, TheMonicaMarquez.com, IamBeyondBarriers.com, BeyondBarriersPodcast.com and BeyondBarriersAcademy.com (the Providers) do not claim ownership of any User Content you may submit or make available for inclusion on the Site, Online Courses or live seminars.
Accordingly, subject to the license granted below, User will be the sole and exclusive owner of any and all rights, title and interest in and to the User Content. You hereby assign to the Providers, your entire right, title and interest (including, without limitation, all patent rights, design rights, copyrights and trade secrets) in any feedback, test results, or modifications or improvements to the Providers’ Content or Services which you may propose or make or which User and Provider may jointly make. To the extent such rights cannot be assigned, you hereby waive such rights as the Providers, their affiliates, and their customers and business partners.
With respect to any User Content you submit to the Providers (including for inclusion on the Site, online courses or live seminars or mentorship programs or membership programs) or that is otherwise made available to the Providers, you hereby grant the Providers an irrevocable, worldwide, perpetual, royalty-free and non-exclusive license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such User Content on the Site, in the Online Courses or live seminars, or otherwise exploit the User Content, with the right to sublicense such rights (to multiple tiers), for any purpose (including for any commercial purpose); except that, with regard to User Content comprised of a subtitle, caption or translation of Content, you agree that the license granted to the Providers above shall be exclusive.
The Providers reserve the right to remove any User Content at any time and for any reason. To the extent that you provide any User Content, you represent and warrant that (a) you have all necessary rights, licenses and/or clearances to provide such User Content and permit the Providers to use such User Content as provided above, (b) such User Content is accurate and reasonably complete, (c) as between you and the Providers, you shall be responsible for the payment of any third party fees related to the provision and use of such User Content, and (d) such User Content does not and will not infringe or misappropriate any third party rights or constitute a fraudulent statement or misrepresentation or unfair business practices.
With respect to any submissions of User Content, you agree to comply with all applicable local rules including but not limited to rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
All Content available at the Sites is protected by copyright that is owned or controlled by the Providers or other third-party providers (“3rd Party”). You agree to abide by any and all restrictions regarding this Content. Your access to this Content may be restricted by the Providers or the 3rd Party’s in whole or in part and granted solely upon the terms set forth in a group or individually paid fee to the Site or to specific Content on the Site (“Registration”). You will not copy, republish, reproduce, transmit, amend, post, download, upload, sell, transfer or otherwise distribute in any way the Content available through the Providers without the prior written consent of the Providers; provided, however, You may download, display, and print one copy of any materials made available to You by the Providers on any single computer for your personal, non-commercial use only, as long as You keep all copyright and other proprietary notices intact. You will not use any robot, spider or other automatic device or manual process to monitor Content available in the Site. You will not circumvent or attempt to circumvent the access to Content granted to You by Your Registration. Trademarks, logos and service marks displayed on the Providers (“Marks”) are the Providers’ or Provider’s registered and common law Marks. Your use of and access to the Providers does not grant You any license or right to use any of the Marks.
All software, applications, and modules used on the Providers are proprietary to the Providers or licensed to the Providers by other parties. You may not reproduce, reverse engineer, create derivative works of, reverse assemble or reverse compile, sell, lease, distribute, rent assign, transfer, or modify any software on the Providers. You agree to immediately cease use of any hyperlinks to this Site upon the request of any of the Providers.
Users of our Sites, and our affiliated Sites, hereby understand that the tools, processes, strategies, materials and information presented on these Sites are copyrighted and proprietary; so users agree not to record, duplicate, distribute, teach or train from our information in any manner whatsoever without our express written permission. Any unauthorized use or distribution of our Sites proprietary concepts, materials, and intellectual property by you or your representatives are prohibited. We will pursue legal action and full damages if any of these terms are violated in order to protect these rights.
The Providers, at their sole discretion, reserves the right to suspend, terminate, or restrict Your access to the Sites, any content, or Your Registration at any time and for any reason without prior notice or liability. The Providers may change or discontinue any and all aspects of the Contents, including availability or price, without prior notice of liability. If You fail to comply with any provisions of these Terms, the Providers may suspend or terminate Your access to the Site, Your Registration, or any of the Content. Upon termination, you must destroy all Content obtained from the Site and all copies thereof, whether made under these terms or otherwise. The Providers may take such further action as the Providers determine to be appropriate under the circumstances to eliminate or preclude repeat violations, and the Providers shall not be liable for any damages of any nature suffered by any customer, user, or any third party resulting in whole or part from the Providers’ exercise of its rights under these terms and conditions.
GRANT OF LIMITED LICENSE FOR USER CONTENT.
By submitting any letters, emails, postings to online discussions boards, and any other types of communications to the Providers, their providers, or their employees (collectively, the “User Content”), You grant the Providers and their designees a perpetual, royalty-free, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, adapt, publicly display, publicly perform, publish, copy, store, translate, edit or create derivative works from such materials in any form, anywhere and for any purpose. In addition, You grant the Providers and their designees the right to display advertisements in connection with any display of Your User Content.
If you participate in Beyond Barriers podcast, programs, virtual or live event, you grant permission to Beyond Barriers LLC and/or its assigns and affiliates and its representatives to take photographs or videos and to make recordings of your voice during your participation.
You further grant to the producers and representatives the right to reproduce, use, exhibit, display, broadcast and distribute and create derivative works of these images and recordings in any media now known or later developed. You acknowledge that Beyond Barriers LLC and/or its assigns and affiliates own all rights to the images and recordings.
(a) Permission to interview, film, photograph, tape, or otherwise make a video reproduction of you and/or record your voice;
(b) Permission to use your name; and
(c) Permission to use quotes from the interview(s) (or excerpts of such quotes), the film, photograph(s), tape(s) or reproduction(s) of you, and/or recording of your voice, in part or in whole, in its publications, in newspapers, magazines and other print media, on television, radio and electronic media (including the Internet), in theatrical media and/or in mailings for educational and awareness.
You hereby waive any right to inspect or approve the use of the images or recordings or of any written copy. You further waive all moral rights. You also waive any right to royalties or other compensation arising from or related to the use of the images, recordings, or materials. You hereby release, defend, indemnify and hold harmless the producers from and against any claims, damages or liability arising from or related to the use of the images, recordings or materials, including but not limited to claims of defamation, invasion of privacy, or rights of publicity or copyright infringement, or any misuse, distortion, blurring, alteration, optical illusion or use in composite form that may occur or be produced in taking, processing, reduction or production of the finished product, its publication or distribution. You fully understand the contents, meaning and impact of this consent, waiver, indemnity and release. This consent, waiver, indemnity and release is binding on you, your heirs, executors, administrators and assignees.
CHARGES AND PAYMENTS.
Any charges payable by You for Registrations or other products/services will be stated on the Site or otherwise agreed upon in writing. Payment must be received in full before Your access to the registered services or other products/services. Payments may be made with all major Credit/Debit Cards. Checks or other forms of payment are not acceptable. To purchase any services or products offered by the Providers through the Site, you must have Internet access and a current valid accepted payment method as indicated during sign-up (“Payment Method”). You agree to the Providers third-party payment provider, storing your payment information. You also agree to pay the applicable fees for the services or products you purchase through the Providers site as they become due, whether on a one-time or subscription basis.
SUBSCRIPTION PLAN AND SUBSCRIPTION MANAGEMENT.
The Beyond Barriers individual subscription plan you purchase, register for, order, or renew includes the features set forth for that plan. Beyond Barriers grants you, and you alone, access to Beyond Barriers for the subscription term length set forth at the time of redemption or purchase during online checkout (the “Initial Term”) in strict accordance with these Terms. If you purchase a monthly plan, your Initial Term is one month from the date of purchase, whereas the purchase of an annual plan results in a one year Initial Term. Any renewal of the Initial Term (or a Renewal Term), whether such renewal occurs by way of your automatic renewal or online checkout, or otherwise, shall be deemed a “Renewal Term”, and together with the Initial Term, the “Term”, as applicable.
You understand and agree that at the end of each applicable term we will automatically renew your plan (including all subscriptions on your plan at that time) for a period equal to the initial term and process your payment method or invoice for payment for the renewal term up to thirty days prior to your renewal date at the then-applicable price for your plan.
Access to Beyond Barriers is expressly conditioned on timely payment of the then-applicable fee for the Plan in the amount and on the billing frequency set forth during online checkout. Your use of and access to Beyond Barriers is expressly conditioned upon timely payment of the applicable fee(s) associated with your Plan and governed by these Terms. We reserve the right to increase or decrease any fee at any time; however, to the extent you have paid your fee(s) in advance, the increase or decrease will not become effective for your subscription Plan or service until the end of your current Term.
If your payment method fails, or if your account is past due, we may collect fees owed using other collection mechanisms—this may include charging other payment methods on file with us or retaining collection agencies and legal counsel, the fees and cost of which you hereby agree to pay. Notwithstanding anything to the contrary, your obligation to pay fees continues through the end of your applicable Term and regardless of whether you cancel your Plan during such Term. Late payments will bear an additional 1.5% interest monthly, plus taxes if applicable, which additional interest will be compounded daily.
We do not provide any refunds for membership fees or explicitly stated non-refundable fees. If you would like to cancel your membership subscription, you may request to do so at any time. However, please note that in order to avoid being charged for the next month, you must notify us of your request to cancel at least 2 business days before your next bill date. Once we process your cancellation request, you will no longer be charged. Payments for the next billing cycle will not be refunded, so please make sure to cancel at least 2 business days prior to your upcoming billing date.
Upon cancellation of your subscription, you will no longer have access to the Beyond Barriers programs and will be removed from the private Beyond Barriers groups prior to the last business day of the month in which your membership subscription is active.
You agree to provide your Payment Method during online checkout before beginning your free trial. We will not process your Payment Method for payment of your fee during your free trial though you may see an authorization on your Payment Method--see CHARGES AND PAYMENTS. On the last day of your free trial we will convert your free trial into a paid Plan and process your Payment Method for the applicable fee on the billing frequency chosen during online checkout. From that date on, the automatic renewal provisions set forth in CHARGES AND PAYMENTS section will also apply. By providing your Payment Method in conjunction with registration for a free trial, you agree to these charges and billing practices. If you do not wish to be charged, you must cancel before the end of your free trial. Upon cancellation of your free trial, your access to Beyond Barriers will terminate immediately.
YOUR REPRESENTATIONS AND WARRANTIES.
You specifically represent and warrant that You own or otherwise control all of the rights to Your User Content and that the use of the User Content by the Providers and/or its designees will not infringe or violate the rights of any third party. You shall not submit User Content that is hateful, tortuous, defamatory, slanderous, libelous, abusive, violent, threatening, profane, vulgar, obscene, pornographic, illegal, or that would otherwise constitute or encourage a criminal offense, violate the rights of any party, give rise to liability or violate any law.
You specifically warrant that any and all User Content is free of computer programming routines or viruses (including without limitations, time bombs, Trojan Horses, worms, Easter Eggs, drop dead devices or cancelbots) that are intended to damage, interfere with, intercept or expropriate any system data or personal information, permit unauthorized access to the Site or disable, damage or erase any portion of the Content processed or stored therein.
You shall not, without the Providers’ express approval, distribute or otherwise publish any User Content containing any solicitation of funds, promotion, advertising, or solicitation for goods or services. You shall keep Your user ID and password confidential. You specifically acknowledge that soliciting other guests of the Site to join or become members of any commercial online or offline service or other organization is expressly prohibited. You shall remain solely responsible for the content of Your communications. Beyond Barriers has the right but not the obligation to monitor, edit or delete any User Content as it appears on the Site at any time and for any or no reason without Your permission.
LINKS TO THIRD PARTY WEBSITES.
The Site will contain links to websites operated by third parties and are not under control of the Providers. Neither the Providers nor any member of the Providers endorses or represents the reliability, accuracy or quality of any information, goods, services or products displayed or advertised on such other websites. The Providers shall not be deemed to be a party to any contract that You may or do enter into with the providers of such goods, services or products. The Providers hereby disclaim any and all liability for the content of such websites and any loss or damage of any nature suffered by You as a result of either: (a) accessing or using such websites; or (b) availing Yourself of or acquiring any and all of the content goods, services, or products advertised or available on or via such websites. The use by You of such websites is at Your sole risk.
Your right to use this Site is not transferrable. Any password or right given to obtaining information or Content is not transferrable.
DISCLAIMER OF WARRANTIES.
All content contained on the site is provided “as is” and without any warranties of any kind, express or implied, including, but not limited to the warranties of title and non-infringement and the implied warranties of merchantability and fitness for a particular purpose. The providers do not make any representations or guarantees that the site will be available or uninterrupted, any defects or errors will be corrected, or that the site is free of viruses or other harmful components. The providers do not make any representations or guarantees regarding the accuracy, reliability, or timeliness of the content. The providers do not make any representations or warranties regarding the accreditation status of the content by any state bar or accrediting organization. You expressly assume the risk as to accuracy, completeness, and accreditation status of the content.
LIMITATION OF LIABILITY.
In no event shall the providers, their providers, licensors or suppliers be liable for any damages of any kind or nature whatsoever, whether direct, indirect, punitive, incidental, special, consequential or otherwise, that result from the use of, or the inability to use this site or the content provided on the site. This limitation applies whether the alleged liability is based on contract, tort, negligence, strict liability or any other basis, and even if the providers have been advised of the possibility of such damages. Because some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, the above limitation may not apply to you.
If, despite the limitations above, the Providers or a provider is found liable for any loss or damages which arises out of or is in any way connected with any of the occurrences described in such Sections, then the Providers liability and the provider’s liability will in no event exceed, in total, US $100. Some states do not allow the limitation of liability, so the limitations above may not apply to You. Such limitations on liability are in addition to, and not in lieu of, any limitations on liability set forth in any other agreement between You and the Providers.
IN NO EVENT SHALL BEYOND BARRIERS LLC, ITS SUBSIDIARIES AND AFFILIATES, AND EACH OF THEIR OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, ASSIGNEES, AGENTS OR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR LOST REVENUE, LOST PROFITS, DAMAGES OR LIABILITY BASED ON YOUR REVENUE, OR LOST OR DAMAGED DATA, OR DAMAGES OR LIABILITY BASED ON THE AMOUNT OR DURATION OF USE OF A PRODUCT AND/OR SERVICE, ARISING FROM ANY TYPE OF CLAIM WHATSOEVER, WHETHER ARISING IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF YOU HAVE BEEN INFORMED OF THE POSSIBILITY THEREOF OR WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE OR OTHERWISE.
You will defend and indemnify the Providers and any Provider and each of the foregoing parties’ respective officers, directors, employees and agents from and against any claim, cause of action or demand, including without limitation reasonable legal and accounting fees, brought by You or on Your behalf in excess of the liability described above or by third parties as a result of Your breach of these Terms or the documents made part of these Terms by reference. Your violation of any law or the rights of a third party or Your use of Beyond Barriers.
You acknowledge and agree that the Providers’ services, including paid services and products, may not be available at all times, and that certain usage limits may apply (for instance, for Site maintenance). You also understand that the Providers, at their sole discretion, may limit, suspend, or terminate your use of all provided services and may modify or discontinue all services related to their programs at their sole discretion.
ACCURACY AND PERSONAL RESPONSIBILITY.
As set forth more fully in the Disclaimer, we have done our best to ensure that the information provided on the Sites and the resources available for download are accurate and provide valuable information, but we cannot guarantee the accuracy of the information. Neither the Company nor any of its owners or employees shall be held liable or responsible for any errors or omissions on the Sites or for any damage you may suffer as a result of failing to seek competent advice from a professional who is familiar with your situation.
By using the Sites, you accept personal responsibility for the results of your actions. You agree to take full responsibility for any harm or damage you suffer as a result of the use, or non-use, of the information available on the Sites or the resources available for download from the Sites. You agree to use judgment and conduct due diligence before taking any actions or implementing any plans or policy suggested or recommended on the Sites.
NO GUARANTEES OF RESULTS.
As set forth more fully in the Disclaimer, you agree that the Provider has not made any guarantees about the results of taking any action, whether recommended on the Sites or not. The Provider provides educational and informational resources that are intended to help users of the Providers’ services succeed. You nevertheless recognize that your ultimate success or failure will be the result of your own efforts, your particular situation, and innumerable other circumstances beyond the control and/or knowledge of the Provider.
You also recognize that prior results do not guarantee a similar outcome. Thus, the results obtained by others – whether clients of the Provider or otherwise – applying the principles set out in the Provider’s Sites are no guarantee that you or any other person or entity will be able to obtain similar results.
From time to time, the Provider participates in affiliate marketing and may allow affiliate links to be included on some of the Sites. This means that we may earn a commission if/when you click on or make purchases via affiliate links. As a policy, the Provider will only affiliate with products, services, coaches, consultants, and other experts that we believe will provide value to our customers and followers.
You recognize that it remains your personal responsibility to investigate whether any affiliate offers are right for your business and will benefit you. You will not rely on any recommendation, reference, or information provided by the Provider but will instead conduct your own investigation and will rely upon your investigation to decide whether to purchase the affiliate product or service.
At various places on the Provider’s Sites, you may find testimonials from clients and customers of the products and services offered by the Provider. The testimonials are actual statements made by clients and/or customers and have been truthfully conveyed on the Provider’s Sites. Although these testimonials are truthful statements about results obtained by these customers, the results obtained by these customers are not necessarily typical. You specifically recognize and agree that the testimonials are not a guarantee of results that you or anyone else will obtain by using any products or services offered by the Provider.
From time to time, the Provider may report on the success of one of its existing or prior customers. The information about this success is accurately portrayed by the Customer. You acknowledge that the prior success of others does not guarantee your success.
As with any business, your results may vary and will be based on your individual capacity, business experience, expertise, and level of desire. There are no guarantees concerning the level of success you may experience. Each individual’s success depends on his or her background, dedication, desire and motivation.
NO CLASS ACTION.
You agree that you will only be permitted to bring claims against Beyond Barriers LLC on an individual basis and not as a plaintiff or class member in any purported class or representative action or proceeding. Unless both you and we agree otherwise, the dispute resolution decider (e.g., judge or arbitrator) of any such claim may not consolidate or join more than one person’s or party’s claims and may not otherwise preside over any form of a consolidated, representative, or class proceeding. In addition, such dispute resolution decider may award relief (including monetary, injunctive, and declaratory relief) only in favor of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that party’s individual claim(s). Any relief awarded cannot affect other Users.
No Joint Venture; Assignment. The headings in these Terms are for Your convenience and reference only. Such headings do not limit or affect these Terms. Your acceptance of these Terms and use of the Site do not create a joint venture, partnership, employment or agency relationship with the Providers. You may not assign, delegate or transfer Your rights or obligations under these Terms. However, the Providers may assign these Terms.
The Providers may modify these Terms at any time. Your continued use of the Providers services, following any modification of these Terms, will be subject to the Terms in effect at the time of Your use. You will review these Terms periodically. Except as described in the preceding sentences, You and the Providers can only modify these Terms in a written document signed or otherwise accepted by You and the Providers.
Breach. Other terms and conditions may apply to Your purchases of advertising services and products through the Providers and to Your use of other portions of the Site. You will observe these other terms and conditions. If Beyond Barriers fails to act with respect to Your breach or anyone else’s breach of these terms or any other terms and or conditions on any occasion, the Providers are not waiving its right to act with respect to future or similar breaches.
Entire Agreement. If a court finds any provision of these Terms to be unenforceable or invalid, that provision will be enforced to the fullest extent permitted by applicable law and the other Terms will remain valid and enforceable. These Terms, together with those items made a part of these Terms by reference, make up the entire agreement between the Providers and You relating to Your use of the Site, and replaces any prior understandings or agreements (whether oral or written) regarding Your use of the Site.
Governing Law; Legal Fees; Statute of Limitations; Electronic Documents. You agree that: (i) the Providers shall be deemed solely based in the State of Texas (USA); and (ii) the Providers shall be deemed a passive website that does not give rise to personal jurisdiction over the Providers, either specific or general, in jurisdictions other the State of Texas (USA). The laws of the State of Texas (USA), without regard to its conflict of laws rules, will govern these terms and conditions, as well as Your and our observance of them. If You take any legal action relating to Your use of the Providers or these Terms, You agree to file such action only in the state and federal courts located in Dallas, Texas (USA). If any such action or any action the Providers may initiate, the prevailing party will be entitled to recover all legal expenses incurred in connection with the action, including but not limited to costs, both taxable and non-taxable, and reasonable attorney’s fees.
YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE PROVIDERS MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
A printed version of these Terms and any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
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