When you use our products, services or website in any way, you're agreeing to our terms, so please read carefully the agreement below.
To use the Services, you agree that: (i) you must be 13 years old or older; (ii) you will only have one Build Up Lab account; and (iii) you are not already restricted by Build Up Lab from using the Services.
Your account belongs to you. You agree to: (i) choose a strong and secure password; (ii) keep your password secure and confidential; (iii) not transfer any part of the products in your account and (iiii) follow the terms of this agreement. You are responsible for anything that happens through your account unless you close it or report misuse.
Build Up Lab grants you a non-exclusive, non-transferrable, revocable license to use the Services (subject to payment, where applicable), for your personal use only, in accordance with these Terms. We reserve all rights that we do not expressly grant in these Terms. We may change, suspend or end any aspect of the Services at any time, including the availability of any information. Without limitation of any of our other rights or remedies at law, in equity or under these Terms, we may terminate your license to use the Services, in whole or in part, without providing any refund, if we determine at our sole discretion, that you have breached or violated any of the provisions of these Terms.
You may purchase Services through a one-time payment or in recurring installments, as specified on the Website. When you make a purchase, you authorize us to charge the credit or debit card you provide on a one-time or recurring basis, depending on which payment plan you elect.
We reserve the right to cancel any order for the following reasons: (i) Potentially fraudulent order; or (ii) Non-Payment. If payment is not received within a reasonable amount of time after the order has been placed, we may cancel an order without notice.
Services offered by the Website contain their own Refund Policy. Please refer to each Service’s individual refund policy for that relevant information.
You agree that you will:
- Comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, anti-spam laws, export control laws, tax laws, and regulatory requirements;
- Provide accurate information to us and keep it updated;
- Use your real name and real company when you create an account or purchase a Product;
- Use the Services in a professional manner.
You agree that you will not:
- Act dishonestly or unprofessionally, including by posting inappropriate, inaccurate, or objectionable content;
- Create a false identity;
- Use or attempt to use another's account;
- Harass, abuse or harm another person;
- Send spam communications to others;
- Scrape or copy profiles and information of others through any means (including crawlers, browser plugins and add-ons, and any other technology or manual work);
- Act in an unlawful, libelous, abusive, obscene, discriminatory or otherwise objectionable manner;
- Disclose information that you do not have the right to disclose (such as confidential information of others (including your employer));
- Violate intellectual property rights of others and BuildUp Lab, including patents, trademarks, trade secrets, copyrights or other proprietary rights;
- Post any unsolicited or unauthorized advertising, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation unauthorized by BuildUp Lab;
- Post anything that contains software viruses, worms, or any other harmful code;
- Manipulate identifiers in order to disguise the origin of any message or post transmitted through the Services;
- Creating or operate a pyramid scheme, fraud or other similar practice;
- Copy or use the information, content or data of others available on the Services (except as expressly authorized);
- Copy, modify or create derivative works of BuildUp Lab or the Services (except as expressly authorized by BuildUp Lab);
- Imply or state that you are affiliated with or endorsed by BuildUp Lab without our express consent (e.g., representing yourself as an accredited BuildUp Lab trainer);
- Rent, lease, loan, trade, sell/re-sell access to the Services or related any information or data;
- Violate any program guidelines applicable to use of particular Products or interfere with, impair or disrupt the ability of others to use such Products;
- Sell, sponsor, or otherwise monetize a Service or any other feature of a Services, without BuildUp Lab's consent;
- Remove any copyright, trademark or other proprietary rights notices contained in or on our Service;
- Reproduce, modify, display, distribute, sell, re-sell, distribute, publish, disclose, videotape, share, divulge, transfer, exploit or create derivative works from any of the Services, including any Products, in whole or in part;
- Share or disclose information of others without their express consent;
- Use manual or automated software, devices, scripts robots, other means or processes to access, “scrape,” “crawl” or “spider” the Services or any related data or information;
- Monitor the Services' availability, performance or functionality for any competitive purpose;
- Engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of the Services;
- Access the Services except through the interfaces expressly provided by BuildUp Lab;
- Violate any contractual or fiduciary obligations;
- Use the Services in a manner that is threatening, harassing, discriminatory, libelous, defamatory, pornographic or obscene;
- Use the Services in a manner that has an adverse effect on our business or reputation
- Override any security feature of the Services; and/or
- Interfere with the operation of, or place an unreasonable load on, the Services (e.g., spam, denial of service attack, viruses, gaming algorithms).
As between you and us, we own the Services, including the Products, and any and all graphics, photographs, images, artwork, text, fonts, software and other technology, and the contents, design, layout, functions, appearance and other intellectual property, comprising the Services. The foregoing ownership rights include all Intellectual Property Rights inherent in or appurtenant to the Services. Without limitation of the foregoing, the Services contain proprietary material of BuildUp Lab which is protected by copyright and other laws respecting proprietary rights. The Services are also protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions, and other copyright laws. BuildUp Lab retains all rights in the Services, including all copyright and other proprietary rights worldwide in all media. You may not use the Services except as expressly permitted under these Terms.
You agree to indemnify, defend and hold harmless BuildUp Lab and its affiliates, and all officers, directors, owners, agents, or licensors thereof (collectively, the “Indemnified Parties”) from and against any and all losses, damages, liabilities and costs, including reasonable attorneys’ fees, sustained by the Indemnified Parties in connection with any claim arising out of your use of our Products, or any breach by you or any user of your account of these Terms. You shall cooperate as fully as reasonably required in the defense of any such claim. BuildUp Lab reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you.
Exclusion of liability
TO THE EXTENT PERMITTED UNDER LAW (AND UNLESS BUILDUP LAB HAS ENTERED INTO A SEPARATE WRITTEN AGREEMENT THAT SUPERSEDES THIS AGREEMENT), BUILDUP LAB (AND THOSE THAT BUILDUP LAB WORKS WITH TO PROVIDE THE SERVICES) SHALL NOT BE LIABLE TO YOU OR OTHERS FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF OPPORTUNITIES, REPUTATION, PROFITS OR REVENUES, RELATED TO THE SERVICES.
THIS LIMITATION OF LIABILITY IS PART OF THE BASIS OF THE BARGAIN BETWEEN YOU AND BUILDUP LAB AND SHALL APPLY TO ALL CLAIMS OF LIABILITY (E.G. WARRANTY, TORT, NEGLIGENCE, CONTRACT, LAW) AND EVEN IF BUILDUP LAB HAS BEEN TOLD OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF THESE REMEDIES FAIL THEIR ESSENTIAL PURPOSE.
SOME LAWS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY, SO THESE LIMITS MAY NOT APPLY TO YOU. IF THIS EXCLUSION OF LIABILITY SET FORTH ABOVE IS HELD INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, BUILDUP LAB’ MAXIMUM LIABILITY FOR ANY TYPE OF DAMAGES SHALL BE LIMITED TO THE LESSER OF (i) THE AMOUNT PAID FOR ANY PRODUCT, OR (ii) $150.
YOU ASSUME ALL RESPONSIBILITIES AND OBLIGATIONS WITH RESPECT TO ANY DECISIONS, ADVICE, CONCLUSIONS OR RECOMMENDATIONS MADE OR GIVEN AS A RESULT OF THE USE OF THE SERVICES, INCLUDING WITHOUT LIMITATION ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE UPON SERVICES.
THE SERVICES SHALL NOT CONSTITUTE OR BE CONSTRUED AS A RECOMMENDATION, SOLICITATION, OFFER OR OPINION BY BUILDUP LAB OR OUR AFFILIATES, PRINCIPALS OR CONTENT PROVIDERS, FOR ANY FINANCIAL TRANSACTION OR THE PURCHASE OF ANY FINANCIAL INSTRUMENT OR ANY KIND OF INVESTMENT.
YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SERVICES. THERE IS NO GUARANTEE THAT YOU WILL EARN ANY MONEY OR ACHIEVE ANY PARTICULAR RESULTS USING THE TECHNIQUES AND IDEAS PROVIDED BY OR IN CONNECTION WITH THE SERVICES. ALL INFORMATION PROVIDED BY OR IN CONNECTION WITH THE SERVICES IS INTENDED FOR EDUCATIONAL PURPOSES ONLY, FOR A GENERAL AUDIENCE, AND NOT AS SPECIFIC ADVICE TAILORED FOR AN INDIVIDUAL OR BUSINESS. NONE OF THE INFORMATION PROVIDED IN CONNECTION BY OR WITH THE SERVICES SHALL BE CONSTRUED TO CONSTITUTE MEDICAL, PSYCHOLOGICAL, FINANCIAL OR ACCOUNTING, LEGAL OR OTHER PROFESSIONAL ADVICE.
TO THE EXTENT ALLOWED UNDER LAW, BUILDUP LAB (AND THOSE THAT BUILDUP LAB WORKS WITH TO PROVIDE THE SERVICES) (I) DISCLAIM ALL IMPLIED WARRANTIES AND REPRESENTATIONS (E.G. WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OF DATA, AND NONINFRINGEMENT); (II) DO NOT GUARANTEE THAT THE SERVICES WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS, AND (III) PROVIDE THE SERVICE (INCLUDING CONTENT AND INFORMATION) ON AN “AS IS” AND “AS AVAILABLE” BASIS.
SOME LAWS DO NOT ALLOW CERTAIN DISCLAIMERS, SO SOME OR ALL OF THESE DISCLAIMERS MAY NOT APPLY TO YOU. IF THIS EXCLUSION OF WARRANTY SET FORTH ABOVE IS HELD INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, BUILDUP LAB’ MAXIMUM LIABILITY FOR ANY TYPE OF DAMAGES SHALL BE LIMITED TO THE LESSER OF (I) THE AMOUNT PAID FOR ANY PRODUCT, OR (II) $150.
These Terms shall be governed by the laws of the United States of America and the State of New York, without regard to conflict of laws rules. ANY ACTION OR DISPUTE BETWEEN US WILL BE RESOLVED EXCLUSIVELY IN THE STATE OR FEDERAL COURTS LOCATED IN NEW YORK COUNTY, IN THE STATE OF NEW YORK.
We may modify these Terms at any time by posting changes on the Website.
Digital Millennium Copyright Act
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides legal rights for copyright owners who believe that material appearing on the Internet infringes their rights under the U.S. copyright law. If you believe in good faith that materials hosted by us infringe your copyright, you, or your agent may send us a notice requesting that the material be removed or access to it be blocked. Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. All notices and counter notices must meet the then current statutory requirements imposed by the DMCA.
The Services may contain links to websites that we do not operate. We are not responsible for the content of any such websites.
No joint venture, partnership, employment or agency relationship exists between you and BuildUp Lab as a result of these Terms and/or your use of the Services. These Terms shall be effective as of the date accepted by you. These Terms represent the entire agreement between you and Build Up Lab with respect to the subject matter hereof, and supersede any and all prior understandings, statements or representations, whether electronic, oral or written, regarding the Services. Build Up Lab may assign these Terms at its discretion. You may not assign these Terms. No waiver of any obligation or right of either party shall be effective unless in writing, executed by the party against whom it is being enforced. In addition to money damages, Build Up Lab shall be entitled to seek equitable relief where appropriate if you breach of any of these Terms. These Terms are severable and may be construed to the extent of their enforceability in light of the parties’ mutual intent. All references herein to “you,” “your” or variations thereof shall be deemed to refer to you individually, if you are entering into these Terms on an individual basis, and to the corporation, partnership or other organization or legal entity that you represent, if you are entering into these Terms on behalf of such organization or entity. Notices to you required or permitted hereunder shall be made to you at the most recent email address in our customer database. Notices to us shall be sent by email to hellp@BuildUpLab.com or in writing to:
Build Up Lab, LLC
Attn: Customer Support
190 Sara Lane,
Newburgh, NY, 12550