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Beyond Barriers Labs Inc | Terms & Conditions
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING OUR SITE OR SERVICES AS THEY CONTAIN IMPORTANT TERMS, INCLUDING DISCLAIMERS, LIMITATIONS, WAIVERS AND OTHER OBLIGATIONS.
These Terms of Use (these “Terms”) apply to the use of this website including all content, materials and information (“Content”) made available on, through or in connection with it (collectively, the “Site”) and all related services, whether provided through the Site or other means (collectively with the Site, the “Services”) provided by or on behalf of Beyond Barriers Labs Inc. (“Beyond Barriers,” “we” or “us”). References to the Services include the Services in their entirety and any portion(s) of them, including the Member Services (defined below).
By using the Services, you agree and, if you are under 18 years old, your parent or guardian agrees to these Terms. If you or, if applicable, your parent or guardian do(es) not agree to these Terms, you must not use the Services.
We reserve the right to change, modify, add, or remove portions of these Terms at any time. Your continued use of the Services following the posting of changes will act as your and, if applicable, your parent’s or guardian’s acceptance of those changes.
1. SCOPE OF USE
You may use the Services only for your own personal, non-commercial use and in compliance with all applicable laws, rules, and regulations.
2. ELIGIBILITY
To use the Services, you must (i) be at least 18 years of age, or possess legal parental or guardian consent to your use of the Services; and (ii) not have been previously suspended or removed from using the Services.
3. MEMBER SERVICES
If you are granted access to the “member” portion of the Site or otherwise receive services offered only to members, you may only use that portion of the Site and any such services (collectively, “Member Services”) during the term of your employment by the entity which has procured your access (or such lesser amount of time for which such entity has procured your access to Member Services), and through the user credentials assigned to your account. You may not transfer your account to anyone else. You must maintain the security of your account by not sharing your password or access to your account, and promptly notify Beyond Barriers if you suspect any security breaches related to your account. If you do not have an account, you must not use or attempt to use the Member Services. We reserve the right to suspend or terminate your account at any time without notice.
4. RESTRICTIONS
You must not do or attempt to do any of the following: (i) rent, lease, lend, sell, resell or sublicense the Services; (ii) distribute the Services or make the Services available to, or use the Services to benefit, anyone else, including over a network where it could be used by multiple devices at the same time; (iii) copy, modify or create derivative works of the Services; (iv) reverse engineer, decompile, or disassemble the Services; (v) remove, alter, or obscure any proprietary rights notice or labels on or in the Services; (vi) use the Services in any manner that could negatively affect Beyond Barriers’ other users or that could impair the functioning of the Services; (vii) attempt to gain unauthorized access to the Services or their related systems, or any other user’s information; (viii) impersonate or use the Services by misrepresenting your affiliation with others; (ix) build a competitive product or service, or copy any functions of the Services; (x) disclose to any third party any analysis relating to the Services; or (xi) upload, use, create, transmit, store, display, distribute, share or otherwise make available (collectively and singularly, “Submit”) any Content prohibited under Section 7 in connection with your use of the Services.
5. OWNERSHIP; FEEDBACK
We and our affiliates, representatives and third-party providers (and each of our and their respective successors and assigns), as applicable, are and will remain the sole and exclusive owner or any and all rights, title and interest in and to the Services, including all modifications thereto, and all underlying materials. From time to time you may provide feedback regarding the Services. Beyond Barriers will own all rights in such feedback and you assign to us, and otherwise waive, any and all rights you may have to such feedback.
6. USAGE DATA
We own and have an irrevocable, worldwide, perpetual, transferable, sublicensable, royalty-free, fully paid-up, exclusive right to use data that is collected, provided or processed in relation to your use of the Services for our business and marketing purposes, including improving the operation of the Services (including development, maintenance, support, and training services), developing products and services, creating benchmarks, performing research, conducting statistical analysis, and distributing aggregated statistics to clients, potential clients and the general public. We will not publicly share any such data unless it is in aggregated, anonymous form.
7. USER CONTENT
You must not Submit any Content in connection with your use of the Services that: (i) is prohibited by the entity which has procured your access; (ii) is illegal or fraudulent or that would support any criminal or civil offense; (iii) is inaccurate, false or misleading; (iv) is libelous or defamatory; (v) may create a risk of injury, damage or loss to you, any other person, any animal or any property; (vi) is obscene, pornographic, indecent or sexually explicit; (vii) depicts or encourages violence, or make any threats to commit violent acts; (viii) is offensive, harassing, derogatory, tortuous or otherwise objectionable to others; (ix) contains any viruses or other malicious code, file, or program; (x) contains any advertising, promotional, or solicitation material; (xi) you do not have a right to make available; or (xii) violates the intellectual property or proprietary rights of others. We reserve the right, at any time without notice, to remove any Content that you Submit. If you Submit Content, you hereby grant us an irrevocable, worldwide, perpetual, transferable, sublicensable, royalty-free, fully paid-up, non-exclusive license to use, distribute, reproduce, exhibit, display, broadcast, modify, adapt, publicly perform, publicly display and create derivative works of such Content, or otherwise exploit such Content, for our business and marketing purposes.
8. MEDIA CONSENT AND WAIVER
If you participate in any Beyond Barriers podcasts, programs, virtual or live event, you agree to make only statements that are truthful and not misleading during your participation, and you grant permission to us and our affiliates, representatives and third-party providers (and each of our and their respective successors and assigns), to take photographs, images, videos and other recordings (collectively, “Recordings”) of you and/or your voice during your participation. You further grant to us and our affiliates, representatives and third-party providers (and each of our and their respective successors and assigns) an irrevocable, worldwide, perpetual, transferable, sublicensable, royalty-free, fully paid-up, exclusive right to use, distribute, reproduce, exhibit, display, broadcast, modify, adapt, publicly perform, publicly display and create derivative works of the Recordings, including your image and likeness therein, in whole or in part, and with or without your name in connection therewith, in any media now known or later developed, for our business and marketing purposes. You acknowledge that we and our affiliates, representatives and third-party providers (and each of our and their respective successors and assigns) own all rights to the Recordings (including all intellectual property rights therein). You hereby waive any right to inspect or approve the use of the Recordings or any modified version or written copy thereof. You further waive all moral rights therein. You also waive any right to royalties or other compensation arising from or related to the use of the Recordings. You hereby release, and agree to defend, indemnify and hold harmless us and our affiliates, representatives and third-party providers (and each of our and their respective successors and assigns) from and against any claims, damages or liability arising from or related to the use of the Recordings, including 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.
9. LIMITED PURPOSES; NO MEDICAL ADVICE
The Services are provided for informational purposes only. We do not represent or guarantee any particular outcome or result, and nothing provided to you through the Services constitutes therapy, health care or medical advice. Beyond Barriers is not a health care provider, and there is no doctor-patient relationship or therapist-patient relationship created in connection with the Services. The Services are not a substitute for the advice of a medical professional and any information provided through the Services cannot be relied upon when making medical decisions. If you require medical advice, you should consult with a medical professional.
10. THIRD-PARTY WEBSITES AND THIRD-PARTY TOOLS
The Site may contain links to websites operated by third parties (“Third-Party Websites”) and you may choose to utilize certain third-party videoconferencing, communications tools, and other services in connection with the Services, e.g., Skype or FaceTime (“Third-Party Tools”). The reference to or use of Third-Party Websites or Third-Party Tools does not constitute an affiliation, endorsement or approval by us with such Third-Party Websites or Third-Party Tools or the providers thereof. Your use of Third-Party Websites and Third-Party Tools is at your sole risk and is subject to the terms and conditions of the providers thereof. We are not responsible for the operation of the Third-Party Tools or the acts or omissions of the providers thereof.
11. INDEMNIFICATION
You agree to indemnify, defend and hold harmless us and our affiliates, representatives and third-party providers (and each of our and their respective successors and assigns) from and against any claims, damages or liability arising from or related to your breach of these Terms.
12. GENERAL DISCLAIMER AND LIABILITY LIMITATION
The Services are provided “as-is” and “as available”. We may modify or discontinue the Services at any time. We do not guarantee, represent or warrant that your use of the Services will be uninterrupted, timely, reliable, accurate, correct, secure, error-free or otherwise, and explicitly disclaim all warranties, express or implied. Your use of the Services is at your sole risk. We are not liable for any damage or loss you may suffer in connection with the Services, whether direct, indirect, punitive, incidental, special, consequential or otherwise, even we have been advised of the possibility of such damages. We are also not responsible for issues resulting from non-Beyond Barriers’ systems or equipment, Third-Party Websites, Third-Party Tools, general internet problems, or force majeure events. If, despite the limitations above, we are found liable for any loss or damages which arises out of or is in any way connected with the Services, then our and our affiliates’, representatives’ and third-party providers’ liability will in no event exceed, in total, US $100.
13. GOVERNING LAW; CLAIMS
These Terms are governed by and will be interpreted in accordance with the laws of the State of New York, excluding its conflicts of law principles. If you take any legal action relating to the Services or these Terms, you agree to file such action only in the state and federal courts located in New York, New York, U.S.A.. You agree that any claims in connection with the Services or these Terms will be brought and adjudicated on an individual basis, and you waive the right to participate in a class or other joint action in respect of such claims. Any claim arising out of or related to these Terms or the Services must be brought no later than one year after it has accrued.
14. INJUNCTIVE RELIEF; REMEDIES
Recognizing and acknowledging that any breach of the provisions of Section 4 and/or 5 will cause irreparable damage for which other remedies may be inadequate, in addition to monetary damages and any other remedies available at law or in equity, we will have the right to petition for such equitable relief as may be necessary to prevent such a breach or threatened breach without having to post a bond or prove actual damages. The rights and remedies provided herein are cumulative and not exclusive of any rights or remedies to which a party would otherwise be entitled.
15. PARTIAL INVALIDITY
If any provision of these Terms is held invalid or unenforceable by competent authority, that provision will be construed so as to be limited or reduced to be enforceable to the maximum extent compatible with the law as it will then appear. The total invalidity or unenforceability of any provision of these Terms will not affect its other provisions and these Terms will be construed in all respects as if the invalid or unenforceable provision were omitted.
16. NOTICES
You agree to receive electronically all communications, agreements, documents, notices and disclosures that we provide in connection with these Terms, your account and your use of the Services. Notices may include email, in-app messages and in-website chat communications.
17. ENTIRE AGREEMENT
These Terms make up the entire agreement between us and you relating to your use of the Services, and replaces any prior understandings or agreements (whether oral or written) regarding your use of the Services.
18. WAIVER
No waiver by us of a breach of any these Terms will be effective unless in writing and duly executed by us. No such waiver will constitute a waiver of any subsequent breach of the same or any other term of these Terms. No failure or delay on our part to exercise any of our rights hereunder will operate as a waiver thereof, nor will any single or partial exercise by us of any right preclude any other or future exercise thereof or the exercise of any other right. No course of dealing between you and us will be deemed effective to modify, amend or discharge any part of these Terms or the rights or obligations hereunder.
19. THIRD-PARTY BENEFICIARIES
Our affiliates, representatives and third-party providers (and each of our and their respective successors and assigns) will be considered third-party beneficiaries of these Terms and will be entitled to bring a direct action against you in the event of breach of any applicable provisions of these Terms.
20. SURVIVAL
The provisions of these Terms that by their nature would survive its termination and the cessation or termination of your use of the Services will survive indefinitely.
21. EXPORT LAWS
You will comply with all, and will not use, export or re-export the Services, or any Content or other information derived therefrom, in violation of any, applicable export laws or regulations.
22. CONSTRUCTION
The headings in these Terms are for convenience only. They do not constitute a portion of these Terms and will not be used in any construction of it. Any signatures that delivered electronically will be deemed effective for all purposes and will be deemed originals. The words “include” and “e.g.” will be deemed to be followed by the words “without limitation”.
23. ELECTRONIC ACCEPTANCE
Although it may be not required, if you accept these Terms via a click-through, you agree that your acceptance of these Terms by electronic means is binding on you and enforceable in the same manner as a handwritten signature.