When you use our products, services or website in any way, you're agreeing to our terms, so please read carefully the agreement below.
Restrictions on Your Use of the Services
To use the Services, you agree and affirm that:
You represent that you are 13 years old or older;
You represent that you are not already restricted by Build Up Lab from using the Services;
You represent that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms;
If you are accepting these Terms and using the Services on behalf of a company, organization, government, or other legal entity, you represent that you are authorized to do so;
You may use the Services only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations;
You may only have one Build Up Lab account;
You may not create a false identity to establish a Build Up Lab account;
You may not copy, modify, distribute, or create derivative works of any content provided in connection with the Services;
You may not rent, lease, loan, trade, sell, re-sell, sponsor, or otherwise monetize access to the Services or related any information or data;
You may not remove any copyright, trademark or other proprietary rights notices contained in or on our Service;
You may not monitor the Services' availability, performance or functionality for any competitive purpose;
You may not access the Services in a manner that has an adverse effect on our business or reputation;
You may not access, tamper with, or use non-public areas of the Services, Build Up Lab’s computer systems, or the technical delivery systems of Build Up Lab’s providers;
You may not probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures;
You may not access or search or attempt to access or search the Services by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by Build Up Lab (and only pursuant to the applicable terms and conditions), unless you have been specifically allowed to do so in a separate agreement with Build Up Labs;
You may not in any way use the Services to send altered, deceptive or false source-identifying information;
You may not interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Services, or using any means to create an undue burden on the services;
You may not imply or state that you are affiliated with or endorsed by Build Up Lab without our express consent (e.g., representing yourself as an accredited Build Up Lab trainer); and
You understand that 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.
Our Rights in Providing the Services to You
The Services that Build Up Lab provides are always evolving and the form and nature of the Services that Build Up Lab provides may change from time to time without prior notice to you. In addition, Build Up Lab may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally and may not be able to provide you with prior notice.
Our Intellectual Property
Build Up Lab owns all content, including writings, graphics, designs, layouts, methods, recordings, videos, and the like, whether or not patented or copyrighted, that is provided to you in connection with the Services. Build Up Lab grants you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the content that is provided to you by Build Up Lab as part of the Services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by Build Up Lab, in the manner permitted by these Terms. Except for your own personal Content, it is not permitted to reproduce, modify, create derivative works, distribute, sell, transfer, publicly display, publicly perform, transmit, or otherwise use the Build Up Lab Services or Content outside of the official Build Up Lab Services. All right, title, and interest in and to the Services are and will remain the exclusive property of Build Up Lab.
Build Up Lab’s products and services are protected by copyright, trademark, and other laws of both the United States and foreign countries. Nothing in the Terms gives you a right to use the Build Up Lab name or any of the Build Up Lab trademarks, logos, domain names, and other distinctive brand features.
We are happy to accept any feedback, comments, or suggestions you may provide regarding Build Up Lab or the Services. Your feedback, comments, or suggestions is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.
You may purchase Services through a one-time payment or in recurring installments, or as otherwise specified on the Websites. 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 Websites contain their own Refund Policy. Please refer to each Service’s individual refund policy for that relevant information.
Data Security and Privacy
As part of providing you the Services, we may need to provide you with certain communications, such as service announcements and administrative messages. These communications are considered part of the Services and your account, which you may not be able to opt-out from receiving.
You are responsible for safeguarding the password that you use to access the Services and for any activities or actions under your password. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. Build Up Lab cannot and will not be liable for any loss or damage arising from your failure to comply with the above.
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. Under the U.S. Digital Millennium Copyright Act, our designated copyright agent for notice of alleged copyright infringement appearing on the Services is:
Build Up Lab LLC
Attn: Copyright Agent
Termination of Services
These Terms will continue to apply until terminated by either you or Build Up Lab as follows:
(a) You may end your legal agreement with us at any time for any or no reason by deleting your account and discontinuing your use of the Services. You do not need to specifically inform us when you stop using the Services.
(b) We may suspend or terminate your account or cease providing you with all or part of the Services at any time for any or no reason, including, but not limited to, if we reasonably believe: (i) you have violated these Terms, (ii) you create risk or possible legal exposure for us; or (iii) our provision of the Services to you is no longer commercially viable. We will make reasonable efforts to notify you by the email address associated with your account or the next time you attempt to access your account.
In all such cases, the Terms shall terminate, including, without limitation, your license to use the Services, except that all provisions of these Terms that by their nature should survive termination shall survive termination, including, without limitation, content disclaimers, ownership provisions, and limitations of liability.
Disclaimers and Limitations of Liability
This section limits the liability of Build Up Lab and its parents, subsidiaries, affiliates, related companies, officers, directors, employees, agents, representatives, partners, and licensors (collectively, the “Build Up Lab Entities”). Each of the subsections below only applies up to the maximum extent permitted under applicable law. Some jurisdictions do not allow the disclaimer of implied warranties or the limitation of liability in contracts, and as a result the contents of this section may not apply to you. Nothing in this section is intended to limit any rights you may have which may not be lawfully limited.
A. The Services are Available “AS-IS”
Your access to and use of the Services is at your own risk. You understand and agree that the Services are provided to you on an “AS IS” and “AS AVAILABLE” basis. Without limiting the foregoing, to the maximum extent permitted under applicable law, THE BUILD UP LAB ENTITIES DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
The Build Up Lab Entities make no warranty or representation and disclaim all responsibility and liability for: (i) the completeness, accuracy, availability, timeliness, security or reliability of the Services or any Content; (ii) any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services or any Content; (iii) the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Services; and (iv) whether the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from the Build Up Lab Entities or through the Services, will create any warranty or representation not expressly made herein.
The Services may contain links to third-party websites or resources. You acknowledge and agree that the Build Up Lab Entities are not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by the Build Up Lab Entities of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
C. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE BUILD UP LAB ENTITIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; OR (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR USERNAME.
IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE BUILD UP LAB ENTITIES EXCEED THE LESSER OF: (I) THE AMOUNT YOU PAID BUILD UP LAB, OR (II) $150.
THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT THE BUILD UP LAB ENTITIES HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
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.
You are responsible for anything that happens through your account unless you close it or report misuse. You agree to indemnify, defend and hold harmless the Build Up Lab Entities (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. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you.
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.
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.
We may revise these Terms from time to time, and the most current version may be found at https://www.builduplab.com/terms-of-use. If the revision, in our sole discretion, is material we will notify you via a mobile notification update or e-mail to the email associated with your account. By continuing to access or use the Services after those revisions become effective, you agree to be bound by the revised Terms.
These Terms are an agreement between you and Build Up Lab Inc. If you have any questions about these Terms, please contact us at firstname.lastname@example.org.