BEYOND BARRIERS LLC
TERMS AND CONDITIONS OF USE
USER COMMUNICATIONS.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, 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.
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, to the extent applicable.
USER CONSENT.The online courses or live seminars or mentorship 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, e.g., questions, hypotheticals, examples, etc. (collectively, “User Content”). BeyondBarriers.co, NikkiBarua.com, TheMonicaMarquez.com, IamBeyondBarriers.com, GetFutureReadyFast.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 Provder 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 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.
CONTENT RESTRICTIONS. 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.
TERMINATION. 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 theirs designees the right to display advertisements in connection with any display of Your User Content.
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. The refund policy is posted on the Provider website and shall be subject to change without prior notice. The policy posted on the Providers website as of the date of the refund request shall be the policy in effect and shall control.
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, threating, 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.
NON-TRANSFERABILITY.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.
DOLLAR LIMITATION. 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.
INDEMNIFICATION. 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.
SERVICES AVAILABILITY. 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.
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.
Headings. 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.
Modification.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.
Other Terms.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.
Severability.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.
Jurisdiction.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.