Terms & Conditions
THE FOLLOWING DESCRIBES THE TERMS ON WHICH BUSINESS BUILDING ACADEMY INCOPORATE OFFERS YOU ACCESS TO OUR WEBSITE, PLATFORM AND SERVICES:
We may update the Agreement at any time. When we do, we will revise the "Revision date" at the top of this Agreement, and you may view the most recent version at [www.businessbuildingacademy.com]. It is your responsibility to review the most recent version of the Agreement frequently and remain informed about any changes to it. By continuing to use the Platform, you consent to any updates to this Agreement. This version of the Agreement supersedes all earlier versions, and comprises the entire agreement between you and Business Building Academy regarding the Platform. By accessing or using the Platform, you accept this Agreement and any modifications that we may make to this Agreement from time to time. If you do not agree to any provision of this Agreement, you should not use the Platform.
Our Platform provides our members with a variety of resources, including forums, listing of properties, business directories, facilitating the organizing of groups, (a "Business Building Academy Group"), communication between groups, including non- Business Building Academy groups ("Business Building Academy ").
You agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our Platform, including without limitation your participation in or involvement with any Business Building Academy activities (as defined in Section 6 ) and your submission of acceptable Public Information (as defined in Section 4.1 ("Your Information")). You also agree to comply with all applicable laws, statutes, ordinances and regulations regarding the transmission of technical data exported from the United States or the country in which you reside.
Use of this Platform represents and warrants that you are at least 18 years old and that all information that you submit to Business Building Academy is truthful and accurate. This includes, but is not limited to your registration information, profile content, property listing info and item submissions. You agree to update such account information as necessary to keep it accurate. If you misrepresent your age, we may terminate your account at any time without warning, and without any liability. You are solely responsible for maintaining the security and confidentiality of your password and other Member account information. You agree not to permit others to use your password or other Member account information, and you agree to notify Business Building Academy immediately of any unauthorized use of that information. Business Building Academy, Inc. will not be responsible for any loss or damage arising out of the unauthorized use of your password or other Member account information; and you agree to indemnify and hold harmless Business Building Academy, its officers, directors, agents, employees, subsidiaries, and affiliates for any unauthorized, improper, or illegal use of that information. You, and not BusinessBuildingAcademy.com, are solely responsible for all Content or Items published, distributed, or displayed through your account, including without limitation any messages, weblog posts, events, forum posts, internal or externally embedded "widget" code, or tags, and for your interactions with other Members or users. You further represent and warrant that your use of the Site will not violate any applicable law or regulation.
Additional eligibility requirements for a particular Business Building Academy Group, Forum or Event may be set by the organizer (an "Organizer").
We have the right, in our sole discretion, to suspend or terminate your use of our Platform and refuse any and all current or future use of all or any portion of our Platform.
Access to our website and use of selected features of our Platform is free. We may charge fees for various premium features and services that we offer. We may, in our sole discretion, change this policy and begin charging for access to our website and other features and services, and we may, in our sole discretion, add, remove or change the features and services we offer or the fees (including the amount or the type of fees) we charge at any time. If we introduce a new service, we will establish the fees for that service at the launch of the service. If we impose new fees or change the fees for an existing service, you agree to pay all fees and charges specified and all applicable taxes for your continued use of the applicable service. We are not responsible for any charges or expenses you incur resulting from being billed by us in accordance with these Terms of Service (e.g., overdrawn accounts, exceeding account limits, etc.) see Section 3
3. Fees and Payments
3.1. Levels of service
Business Building Academy, Inc. offers several level of service:
(a) Guest: guest is a visitor to the page and has no account on the Portal
(b) Bronze Membership: registered at portal; no charges arise; limited access to web; no support; no access to BBA events
(c) Silver Membership: registered at portal; monthly non-refundable subscription fee; limited access to web; access includes adding of videos (in compliances with Video Center Rules), adding of business listing in Business Directory; creating of groups (coming soon)
(d) Gold Membership: registered at portal; monthly non-refundable subscription fee; limited access to web; access includes adding of videos (in compliances with Video Center Rules), adding of business listing in Business Directory; creating of groups (coming soon); limited Real Estate Investing Mentorship and Business Building Consultation (contact us for details).
3.2. Subscriptions and Payment Terms
By accepting these standard terms, you authorize Business Building Academy automatically bill the credit or debit card ("Payment Card") you have provided until you cancel this subscription. Your Payment Card will be billed in advance for the monthly subscription fee, plus any applicable tax, beginning on the date you subscribe plus any applicable free trial period (which shall be the beginning of your billing cycle), and, as applicable for monthly subscriptions, every anniversary day per month thereafter until you cancel your subscription or it is otherwise terminated. You agree to provide Business Building Academy with valid, accurate and up-to-date Payment Card and contact information. Failure to comply may result in the immediate termination of this subscription. You agree to notify Business Building Academy regarding any billing issues or disputes within 30 days after they have been charged. If any issues or disputes are not brought to Business Building Academy attention within this term, you waive your right to dispute them. Except as expressly set forth below, all subscription fees are nonrefundable and there are no refunds or credits for partially used monthly periods. If you want to use a different Payment Card or if there is a change in your Payment Card information, you can update your account by accessing your PayPal account and making the appropriate changes there. If your Payment Card expires or otherwise becomes invalid, you remain responsible for any uncollected amounts until you cancel your subscription as set forth below or until Business Building Academy, Inc. cancels your subscription. Business Building Academy, Inc. reserves the right to cancel accounts that remain unpaid at any t ime.
3.3. Automatic Renewal
Monthly subscription accounts will be automatically renewed on a monthly basis. We will bill the monthly subscription fee plus any applicable tax to the Payment Card you provide to us during registration (or to a different Payment Method if you change your account information). Your subscription will automatically renew for successive monthly subscriptions, without prior notice to you, unless and until you cancel your membership or we terminate it. You must cancel your membership before the beginning of the next billing cycle in order to avoid billing of the next month's subscription fees to your Payment Card.
You may cancel your subscription at any time by accessing your PayPal account and cancelling your Business Building Academy, Inc. subscription in your account history. Cancellation shall be effective immediately but, except as set forth below, if you cancel during your billing cycle we do not provide any refund or credit for the remainder of such cycle.
3.5. Free Registration
Business Building Academy may offer free registration for new register users with a limited access set by Business Building Academy. Free Registration is only available to first time customers of the Service and cannot be combined with any other offer. Users that create several accounts and alter any false information will be terminated. Free Registration may contain different content than the content available to paying subscribers. Only one free Registration may be redeemed per user. You must provide a valid email address to redeem a free registration offer. Upon registering for your free registration, your email address will be emailed a notification for verification purposes.
If for any reason you are dissatisfied during the first 72 hours of your initial Fee Subscription, you may request a refund of your initial Fee Subscription payment and/or Business Building Academy Activation Fees. You may not receive a refund more than once. We reserve the right to refuse service to a Business Building Academy user or member that in our determination is abusing this policy or otherwise acting in bad faith.
You are responsible for maintaining the confidentiality of your password and you agree to notify Business Building Academy immediately of any unauthorized account use. Business Building Academy is in no way responsible for any loss that you may incur as a result of any unauthorized use of your user account and password.
3.8. Consent to Disclosure.
You acknowledge and agree that Business Building Academy may disclose Your Information (as defined in Section 4.1 ) if required to do so by law or in the good faith belief that such disclosure is reasonably necessary to:(a) comply with a current judicial proceeding, a court order or legal process served on us or our website, (b) enforce this Agreement, (c) respond to claims that Your Information violates the rights of third parties; (d) protect the rights, property or personal safety of Business Building Academy, its employees, users and the public; or (e) enable the transfer or sale to another entity of all or substantially all of our stock or assets in the line of business to which this Agreement relates, or upon any other corporate reorganization, subject to the promises made in this Agreement. We also may disclose any information about you to law enforcement or other government officials as we, in our sole discretion, believe necessary or appropriate, in connection with an investigation of fraud, intellectual property infringements, or other activity that is illegal or that we believe may expose us or you to legal liability.
4. Content Guidelines
"Your Information" is defined as any information post or other material you provide (directly or indirectly), including through the registration process for a Business Building Academy Group, or through the use of our Platform, in any public message board (including the personal introduction section of each topic group, or paid services of the BusinessBuildingAcademy.com website) or through email. You are solely responsible for Your Information, and we act as a passive conduit for your online distribution and publication of your Public Information (as defined below).
Any of Your Information that, through the use of our Platform or otherwise, you submit or make available for inclusion on publicly accessible areas of our website is referred to as "Public Information" (your name (if provided) and location are considered Public Information); any other portion of Your Information shall be referred to as "Private Information." "Publicly accessible" areas of our website are those areas that are available either to some or all of our members (i.e., not restricted to your viewing only) or to the general public.
You should understand that your Public Information may be accessible by and made public through syndication programs (including data feed tools) and by search engines, metasearch tools, crawlers, metacrawlers and other similar programs.
In consideration of your use of our Platform, you agree that Your Information:
a) shall not be fraudulent;
b) shall not infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
c) shall not violate any law, statute, ordinance or regulation;
d) shall not be defamatory, trade libelous, unlawfully threatening or unlawfully harassing;
e) shall not be obscene or contain, pornography, child pornography, or photographs of unclothed person(s);
f) shall not contain any viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
g) shall not create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers;
h) shall not link directly or indirectly to any materials to which you do not have a right to link to or include.
In addition, you agree that you will provide us with your valid, current email address, both at the time of your registration with us and from time to time as your email address changes.
4.1.4. Restriction on Use of Your Information
We may provide, or third parties may provide, links to other websites or resources. Because we have no control over such websites or resources, you acknowledge and agree that we are not responsible for the availability of such websites or resources, and do not endorse and are not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. You also acknowledge and agree that Business Building Academy, Inc. shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites or resource.
4.3. Dealings with Marketing Partners and Third Parties
Your correspondence or business dealings with, or participation in promotions of, marketing partners or other third parties found on our website or through our Platform, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such marketing partner or other third party. You agree that Business Building Academy, Inc.. shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such marketing partners or other third parties on our website or located through the use of our Platform.
4.4. Trademarks; Copyrights; Proprietary Rights
4.4.1. Business Building Academy, Inc. Trademarks
Business Building Academy, Inc. trademarks and service marks, and other Business Building Academy, Inc. logos, products and service names, are trademarks of Business Building Academy, Inc. (the " Business Building Academy, Inc.. Trademarks"). Except as otherwise permitted by law, you agree not to display or use in any manner the Business Building Academy, Inc.. Trademarks without Business Building Academy, Inc. prior written consent.
4.4.2. Copyrights and Trademarks of Others
Business Building Academy, Inc. respects the intellectual property of others, and we ask our users to do the same. To the extent Business Building Academy, Inc. uses a trademark that is the property of a third party, Business Building Academy, Inc. shall provide clear notice to anyone viewing Business Building Academy, Inc. use of that trademark that
(a) Business Building Academy, Inc. does not own the trademark and that the trademark is the property of a third party,
(b) Business Building Academy, Inc. has no affiliation, connection or association with that third party, and
(c) if applicable, that third party has not approved or sponsored Business Building Academy, Inc. use of the trademark in any way.
We may, in appropriate circumstances and in our discretion, remove, or disable access to, material that infringes on the rights of others, and terminate access to our Platform to those who may be repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide our Copyright Agent the following information: 1.an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; 2.a description of the copyrighted work or other intellectual property that you claim has been infringed; 3.a description of where the material that you claim is infringing is located on the site; 4.your address, telephone number, and email address; 5.a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; 6.a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
Our Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows:
P.O Box 963
Pflugerville, TX 78691-0963
By phone: 512-961-6545
By fax: 512-388-1572
By email: admin@ BusinessBuildingAcademy.com
4.4.3. Proprietary Rights
You acknowledge and agree that our Platform contains proprietary and confidential information that is protected by applicable intellectual property and other laws. You also acknowledge and agree that content contained in sponsor advertisements or information presented to you through our Platform or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as consented to by Business Building Academy, Inc. or advertisers in writing, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on our Platform, in whole or in part.
4.5. No Resale
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of Business Building Academy Platform, use of the Platform, or access to the Platform for any sales of goods or services, or promotion of a company, good, or service unrelated to the topic or spirit or the Business Building Academy Inc..
5. Use of Platform
You, and not Business Building Academy, Inc., are entirely responsible for all of your Public Information that you upload, post, email, transmit or otherwise make available via our Platform. We do not control your Public Information or the Public Information of or posted by other users and do not guarantee the accuracy, integrity or quality of Your Information or the Information of or posted by other users. Nor do we endorse any opinions expressed by you or other users. You understand that by using our Platform, you may be exposed to information that is offensive, indecent or objectionable. We do not have any obligation to monitor, nor do we take responsibility for, Your Information, Public Information or information of or posted by other users. You agree that under no circumstances will Business Building Academy, including but not limited to, its directors, officers, shareholders, employees, consultants, agents, advisers, affiliates, subsidiaries or its third-party partners be liable in any way for any information, including, but not limited to, for any errors or omissions in Your Information or the Information posted by other users and members, or for any loss or damage of any kind incurred as a result of the use of Your Information or Information posted by other users and members, emailed, transmitted or otherwise made available in connection with our Platform, or for any failure to correct or remove information.
5.2. API License.
Subject to the terms and conditions of this Agreement, Business Building Academy grants you a limited, non-exclusive, non-transferable, non-sublicensable license to use any application programming interface ("API") that Business Building Academy makes available via the Platform for the sole purpose of integrating or making available Public Information on another web site. Business Building Academy reserves all rights not expressly granted under this Agreement.
5.3. Grounds for Removal, Sanction and/or Suspension
Notwithstanding any other provision of this Agreement, the following types of actions are cause for immediate removal, repeal and/or suspension or termination of your account:
(a) The use of our Platform to (including, without limitation, eligibility requirements):
i. harm or intimidate another person in any way, including restricting or inhibiting any other user from using our Platform;
ii. impersonate any person or entity (including Business Building Academy , Business Building Academy staff and other members), or falsely state or otherwise misrepresent your affiliation with any person, through the use of similar email addresses, nicknames, or creation of false account(s) or any other method or device;
iii. disguise the origin of any Public Information that is transmitted to any third party;
iv. "stalk" or otherwise harass another;
v. advertise merchandise, auctions, services or commercial websites, including offers to trade or charitable solicitations unrelated to the topic or spirit of the Business Building Academy;
vi. use for the primary purpose of that as a lead generator or listing service for another website;
vii. resell Public Information or access to Public Information; or
viii. collect or store personal data about other users;
(b) Posting any Public Information or other material:
i. that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, intimidating, vulgar, obscene, profane, libelous, invasive of another's privacy (including the posting of private emails or contact information about another individual), hateful, or racially, ethically or otherwise objectionable, including any Public Information or other material that may be considered hate speech;
ii. that is obscene, pornographic or adult in nature;
iii. that you do not have a right to make available under any law or under contractual or fiduciary relationships;
iv. that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party or rights of publicity or privacy;
v. that is unsolicited or unauthorized advertising, promotional materials, or any other form of solicitation (including, but not limited to, "spam," "junk mail," and "chain letters");
vi. that is inappropriate, posted in bad faith, or contrary to the spirit of any Business Building Academy Group; or
(c) Encouraging others to violate this Agreement;
(d) Refusing to follow Business Building Academy staff instruction or direction; or
(e) Violation (intentional or unintentional) of this Agreement, or of any applicable local, state, national or international law, statute, ordinance or regulation.
(f) Transmit money to Business Building Academy or any Organizer through financial accounts that are stolen, fraudulent or otherwise unauthorized.
Also, your posting of other inappropriate actions, Public Information or other materials may also warrant removal and/or suspension from our website. Business Building Academy reserves the right to remove any post or other material without warning or further notice.
While we prohibit such conduct and content, you understand and agree that you nonetheless may be exposed to such conduct or content and that you use the Platform and attend Business Building Academy Meetings at your own risk.
For purposes of this Agreement, "posting" includes uploading, posting, emailing, transmitting or otherwise making available. Without limiting the foregoing, Business Building Academy and its designees shall have the right to remove any Public Information or other material that violates this Agreement or is otherwise objectionable.
5.4. Interference with Platform
You agree that you will not:
(a) upload, post, email, or otherwise transmit any computer routines, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
(c) take any action that imposes an unreasonable or disproportionately large load on our infrastructure; or
(d) copy, reproduce, alter, modify, or publicly display any information displayed on our website (except for Your Information), or create derivative works from our website (other than from Your Information), to the extent that such action(s) would constitute copyright infringement or otherwise violate the intellectual property rights of Business Building Academy or any other third party, except with the prior written consent of Business Building Academy or the appropriate third party.
5.5. General Practices Regarding Use of Platform
You acknowledge and agree that we may establish general practices and limits concerning the use of our Platform. You agree that we have no responsibility or liability for the storage or the deletion of, or the failure to store or delete any of Your Information. You acknowledge that we reserve the right to log off users who are inactive for an extended period of time. In addition, you acknowledge that we reserve the right to change these general practices and limits at any time, in our sole discretion, with or without notice.
6. Meetings at Venues
6.1. Business Building Academy Meetings
Through our Platform we provide tools that enable our users to arrange physical meetings (a " Business Building Academy Meeting") at venues that include, but are not limited to, public parks, private homes or private enterprises (such as coffee shops or retail stores). We do not supervise these Business Building Academy Meetings and are not involved in any way with the actions of any individuals at these Business Building Academy Meetings. As a result, we have no control over the identity or actions of the individuals who are present at these Business Building Academy Meetings, and we request that our users exercise caution and good judgment when attending these Business Building Academy Meetings.
Because we do not supervise or control the Business Building Academy, Inc. Group Meetings or interactions among or between members of Business Building Academy, Inc. and other persons or companies, and because we are not involved in any way with physical transportation to or from Business Building Academy, Inc. Group Meetings or with the actions of any individuals at Business Building Academy, Inc. Meetings, and because we do not control PayPal, credit card companies or other payment processing companies, and because we cannot guarantee the true identity, age, nationality of Platform users, and because we have very limited control, if any, over the quality, safety, morality, legality, truthfulness or accuracy of various aspects of the Platform you agree that you bear all risk and you agree to release us (and our officers, directors, shareholders, agents, employees, affiliates, subsidiaries, and third party partners) and Organizers and their designees from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, now and in the future, arising out of or in any way connected with your use of the Platform, your Third Party Transactions, our resolution of any disputes among users, and/or your transportation to or from, attendance at, or the actions of you or other persons at, a Business Building Academy, Inc. Gathering. You further waive any and all rights and benefits otherwise conferred by any statutory or non-statutory law of any jurisdiction that would purport to limit the scope of a release or waiver. You waive and relinquish all rights and benefits which you have or may have under Section 1542 of the Civil Code of the State of California or any similar provision of the statutory or non-statutory law of any other jurisdiction (including without limitation the states of Missouri, Delaware and Pennsylvania) to the full extent that you may lawfully waive all such rights and benefits.
7. Communications from Business Building Academy, Inc. and Members of the Business Building Academy, Inc. Community
7.1. Business Building Academy Communications
You understand and agree that we may send you certain communications, such as Business Building Academy, Inc. service announcements and newsletters, as well as offers of sponsorship or promotion relevant and beneficial to you or your Business Building Academy, and that these communications are considered part of our Platform. You may manage your subscriptions to forum newsletters and other newsletters in your profile; however, we deem some basic communications to be a necessary part of our Platform and may not be disabled.
7.2. Communications with Members and users of the Business Building Academy, Inc. Community
- Your Organizer:
By joining a Business Building Academy, Inc. Group, you understand and agree that you may receive communication from your Organizer and their designees in the normal course of utilizing our Platform. Your Organizer's messages will be relayed to your email address through our Platform, which does not disclose your email address.
- Business Building Academy, Inc. Group Mailing List:
You may receive email from other members of your Business Building Academy, Inc. via your Business Building Academy, Inc. private messaging (for members only).
- Business Building Academy, Inc. Members.
If you are an Organizer, you agree to receive messages from individual members of your Business Building Academy, Inc. Groups.
7.3. Role of Organizer
You understand that the Organizer of a Business Building Academy, Inc. Group in which you are a member has the right, in his or her sole discretion, to temporarily suspend, indefinitely suspend or terminate your membership in his or her Business Building Academy, Inc., Group to charge fees in connection with membership in his or her Business Building Academy, Inc. Group, limit or set eligibility requirements for Business Building Academy, Inc. members, and to temporarily or permanently remove any content or information that you have posted in connection with such Business Building Academy, Inc. Group.
7.4. Use of Pop-up Windows
Business Building Academy, Inc. will not launch pop-up windows to advertise third-party products or services.
7.5. Other Users
We do not control the information provided by other users, which is made available through our system. You may find other users' information to be offensive, harmful, inaccurate or deceptive. Please use caution and common sense when using our website. Please note there is a risk that you may be dealing with underage persons or people acting under false pretense.
8. Warranties; Liability
8.1. Disclaimer of Warranties
Your use of our Platform is at your sole risk. Our Platform is provided to you "as is" and on an "as available" basis. We specifically disclaim all warranties and conditions of any kind, whether express, implied or statutory, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. We disclaim any warranties regarding the security, reliability, timeliness, and performance of our Platform. We disclaim any warranties for any information or advice obtained through our Platform. We disclaim any warranties for services or goods received through or advertised on our Platform or received through any links provided by our Platform, as well as for any information or advice received through any links provided through our Platform.
In addition, no advice or information (oral or written) obtained by you from us shall create any warranty.
You understand and agree that you download or otherwise obtain material or data through the use of our Platform at your own discretion and risk and that you will be solely responsible for any damages to your computer system or loss of data that results from the download of such material or data.
8.2. Limitation of Liability
You agree that in no event shall Business Building Academy, Inc. be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Business Building Academy, Inc. has been advised of the possibility of such damages), arising out of or in connection with our Platform or this Agreement or the inability to use our Platform (however arising, including negligence), arising out of or in connection with Third Party Transactions or arising out of or in connection with your use of our Platform or transportation to or from Business Building Academy, Inc. Gatherings , attendance at Business Building Academy, Inc. Gatherings, participation in or exclusion from Business Building Academy, Inc., and the actions of you or others at Business Building Academy, Inc.. Our liability to you or any third parties in any circumstance is limited to the greater of (a) the amount of fees, if any, you pay to us in the twelve (12) months prior to the action giving rise to liability, and (b) $100.
Some jurisdictions do not allow the exclusion or limitation of certain warranties or of incidental or consequential damages. Accordingly, some of the limitations in this Section 8 may not apply to you.
9. Dispute Resolution
The parties will attempt in good faith to resolve through negotiation any dispute, claim or controversy arising out of or relating to this Agreement including the documents it incorporates by reference, your use of our Platform, Your Information, your violation of any law or the rights of a third party, or your participation in Business Building Academy, Inc. Gatherings (whether the dispute, claim or controversy is due to or arising out of your transportation to or from, attendance at, or the actions of you or other users at Business Building Academy, Inc. Gatherings). In the event that the dispute, claim or controversy is not resolved by these negotiations, the matter will be submitted to Judicial Arbitration and Mediation Services, Inc. (a.k.a. "JAMS"), or its successor, for mediation pursuant to Section 9.3, and if the matter is not resolved through mediation, then it shall be submitted to JAMS, or its successor, for final and binding arbitration pursuant to Section 9.4 . Nonetheless, legal action taken by Business Building Academy, Inc. to collect any fees and/or recover damages for, or obtain an injunction relating to, our website operations, intellectual property or our Platform, shall not be submitted to mediation or arbitration except as otherwise agreed to in writing by Business Building Academy, Inc.. In addition, either you or Business Building Academy may seek any interim or preliminary relief from a Court of competent jurisdiction in Delaware, necessary to protect the rights or property of you or Business Building Academy, Inc. pending the completion of arbitration.
Either party may initiate negotiations by providing written notice in letter form to the other party, setting forth the subject of the dispute and the relief requested. The recipient of such notice will respond in writing within fifteen (15) business days with a statement of its position on and recommended solution to the dispute. If the dispute is not resolved by this exchange of correspondence, then representatives of each party with full settlement authority will meet in person or otherwise at a mutually agreeable time and place within thirty (30) business days of the date of the initial notice in order to exchange relevant information and perspectives, and to attempt to resolve the dispute.
Either party may commence mediation by providing to JAMS and the other party a written request for mediation, setting forth the subject of the dispute and the relief requested. The parties will cooperate with JAMS and with one another in selecting a mediator from JAMS' panel of neutrals, and in scheduling the mediation proceedings. The parties agree that they will participate in the mediation in good faith, and that they will share equally in its costs. All offers, promises, conduct and statements, whether oral or written, made in the course of the mediation by any of the parties, their agents, employees, experts and attorneys, and by the mediator or any JAMS employees, are confidential, privileged and inadmissible for any purpose, including impeachment, in any arbitration or other proceeding involving the parties, provided that evidence that is otherwise admissible or discoverable shall not be rendered inadmissible or non-discoverable as a result of its use in the mediation. Either party may initiate arbitration with respect to the matters submitted to mediation by filing a written demand for arbitration at any time following the initial mediation session or forty-five (45) days after the date of filing the written request for mediation, whichever occurs first. The mediation may continue after the commencement of arbitration if the parties so desire. Unless otherwise agreed by the parties, the mediator shall be disqualified from serving as arbitrator in the case.
The parties agree that any and all disputes, claims or controversies arising out of or relating to this Agreement that are not resolved by their mutual agreement by negotiation or mediation under Sections 9.2 and 9.3 shall be submitted to final and binding arbitration before JAMS, or its successor, pursuant to the United States Arbitration Act, 9 U.S.C. Sec. 1 et seq. Either party may commence the arbitration process called for in this Agreement by filing a written demand for arbitration with JAMS, with a copy to the other party. The arbitration will be conducted in accordance with the provisions of JAMS' Streamlined Arbitration Rules and Procedures in effect at the time of filing of the demand for arbitration. The parties will cooperate with JAMS and with one another in selecting an arbitrator from JAMS' panel of neutrals, and in scheduling the arbitration proceedings. The parties covenant that they will participate in the arbitration in good faith, and that they will share equally in its costs.
The provisions of Sections 9.3 and 9.4 may be enforced by any Court of competent jurisdiction, and the party seeking enforcement shall be entitled to an award of all costs, fees and expenses, including attorneys fees, to be paid by the party against whom enforcement is ordered.
9.6. Notice; Waiver
By agreeing to this Agreement you have, except as otherwise specified in Section 9.1, all disputes, claims or controversies arising out of or relating to this Agreement decided by negotiation, neutral mediation and/or neutral arbitration as provided in this Section 9, and you are giving up any rights you might possess to have those matters litigated in a court or jury trial. Also, by agreeing to this Agreement you are giving up your judicial rights to discovery and appeal except to the extent that they are specifically provided for under this Agreement. If you refuse to submit to arbitration after agreeing to this provision, you may be compelled to arbitrate under federal or state law. Your agreement to this arbitration provision is voluntary.
9.7. Dispute Resolution By Business Building Academy, Inc. for the Benefit of Users
We may try to help Business Building Academy members resolve disputes. We do so in our sole discretion, and we have no obligation to try to resolve disputes between users. To the extent we attempt to resolve disputes, we will do so in good faith based solely on the general rules and standards of the Platform, and we will not make judgments regarding legal issues or claims.
We reserve the right at any time or times to modify or discontinue, temporarily or permanently, all or any portion of our Platform with or without notice.
Business Building Academy may terminate your subscription at any time upon notice to you, provided that you will be entitled to receive the subscription for any period for which you have already paid, or receive a pro-rated refund (to be determined at Business Building Academy sole discretion). Business Building Academy may provide notice by publishing the changes on its web site. Upon any termination of your subscription (whether by you or Business Building Academy), you shall discontinue use of the Business Building Academy Service immediately upon completion of any period for which you have already paid. Your obligation to pay accrued charges and fees shall survive any termination of your subscription. You agree that we shall not be liable to you or to any third party for any modification, suspension or termination of our Platform.
11. Termination; Breach
You agree that we, in our sole discretion, may issue a warning, temporarily suspend, indefinitely suspend, remove content or information you have posted, or terminate your account your status as a particular Business Building Academy Group, or your ability to use all or any portion of our Platform (including any APIs), for any reason, including, without limitation, (a) for lack of use, (b) if we believe that you have violated or acted inconsistently with the letter or spirit of this Agreement or the documents or agreements it incorporates by reference, (c) if we are unable to verify or authenticate any information you provide to us, or (d) if we believe that your actions may cause legal liability for you, our users or us. You agree that any termination of your account or access to all or any portion of the Platform under any provision of this Agreement may be effected without prior notice, and acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or our Platform. You also agree that we shall not be liable to you or any third party for any termination of your use of or access to all or any portion of the Platform. Termination or suspension of your use of our Platform in violation of Section 4 will not result in refunds of membership fees paid, if any, and you will forfeit the remaining period of your paid membership, if any.
12. Additional Terms
12.2. Entire Agreement
This Agreement constitutes the entire agreement between you and Business Building Academy, Inc., superseding any prior agreements between you and Business Building Academy, Inc. To the extent that you have previously registered with Business Building Academy, Inc. and provided Your Information, this Agreement now governs how Business Building Academy, Inc. may use Your Information, whether provided in the past or the future.
12.3. No Agency
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship between you and Business Building Academy, Inc. is intended or created by this Agreement.
12.4. Governing Law
This Agreement and the relationship between you and Business Building Academy, Inc. shall be governed by the laws of the State of Delaware without regard to its conflict of laws provisions, as such laws are applied to agreements entered into and to be performed entirely within New York between New York residents. You and Business Building Academy, Inc. agree to submit to the personal and exclusive jurisdiction of the courts located within the State of New York.
You agree that this Agreement, all rights herein, and all incorporated agreements may be automatically assigned by Business Building Academy, Inc., in our sole discretion, to one or more third parties in the event of a merger, acquisition, corporate reorganization, sale of all or substantially all of Business Building Academy, Inc. assets, or similar transaction.
12.6. No Guaranty
We do not guarantee continuous, uninterrupted or secure access to our Platform, and operation of our website may be interfered with by numerous factors outside of our control.
12.7. No Waiver
Business Building Academy, Inc. failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision and does not waive our right to act with respect to subsequent or similar breaches.
If any provision of this Agreement is found to be invalid by a court of competent jurisdiction, you and Business Building Academy, Inc. nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and that the other provisions of this Agreement will remain in full force and effect.
Sections 3.2 (Fees Assessed by Organizers; Payments to Organizers), 3.3 (Business Building Academy, Inc. Fees; New Group Activation Fee) 4.3 (License), 5.4 (Interference with Platform), 6.2 (Release), 11 (Indemnity), 12 (Warrants; Liabilities), 13 (Dispute Resolution) and 13.5 (Governing Law) shall survive any termination or expiration of this Agreement.
You and Business Building Academy, Inc. each agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of our Platform or this Agreement must be filed within one (1) year after the claim or cause of action arose or be forever barred.
12.11. Table of content
The section titles in this Agreement are for convenience only and have no legal or contractual effect.
13. Disclosures; Violations
The Platform offered under this Agreement is offered by Business Building Academy, Inc., P.O Box 963 Plugerville, TX 78691. Please report any violations of this Agreement by sending a notice of the violation to the Secretary of Business Building Academy, Inc. by postal mail or email, as follows:
Business Building Academy, Inc.
P.O. Box 963
Pflugerville, TX 78691-0963
By indicating during registration that you have read and agreed to this Agreement, you are agreeing that you have read and understand this Agreement and agree to all of the terms of this Agreement, including Section 9 which provides that, except as otherwise specified in Section 9.1 , all disputes, claims or controversies arising out of or relating to this Agreement shall first be dealt with through negotiation and mediation and if the dispute is not resolved shall then be submitted to binding, neutral arbitration.
You agree to indemnify and hold us and our officers, directors, shareholders, agents, employees, consultants, affiliates, subsidiaries and third-party partners harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of your representations and warranties or this Agreement or the documents it incorporates by reference, your use of our Platform, Your Information, your violation of any law, statute, ordinance or regulation or the rights of a third party, or your participation as an Organizer or in Business Building Academy, Inc. Meetings(whether the claim or demand is due to or arising out of your transportation to or from, attendance at, or the actions of you or other users at Business Building Academy, Inc. Gatherings). Without limiting the foregoing, you, as an Organizer, agree to indemnify and hold us and our officers, directors, shareholders, agents, employees, consultants, affiliates, subsidiaries and third-party partners harmless from any claim or demand, including reasonable attorneys' fees, made by any Business Building Academy, Inc. member or third party due to or arising out of your actions as an Organizer, including your use of money paid to you by members of your Business Building Academy, Inc..
15. General Disclaimer
THIS SITE AND ALL CONTENTS OF THE SITE ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU ACKNOWLEDGE, BY YOUR USE OF THE SITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF OUR SITE, AND THAT BUSINESS BUILDING ACADEMY, INC. SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THIS SITE. MOREOVER, YOU SPECIFICALLY INDEMNIFY BUSINESS BUILDING ACADEMY, INC. AGAINST ANY LEGAL ACTION OF ANY NATURE, BROUGHT BY A THIRD PARTY AGAINST US INCLUDING, BUT NOT LIMITED TO COPYRIGHT, TRADEMARK AND PRIVACY INFRINGEMENT. AT BUSINESS BUILDING ACADEMY, INC'S OPTION YOU SHALL EITHER DEFEND BUSINESS BUILDING ACADEMY, INC. AGAINST SUCH ACTION OR RIEMBURSE BUSINESS BUILDING ACADEMY, INC. FOR THE COST OF DEFENSE INCLUDING, BUT NOT LIMITED TO ANY FINES, JUDGEMENTS, SANCTIONS OR OTHER PENALTIES.
15.1 Additional Disclaimers:
(a) Blog Disclaimer
The purpose of blogs is to create an ongoing publication from a user about a particular topic or a series of topics. It is mean to stand as the user's opinion or analysis of an issue of their choice. The blog feature is not to be used to advertise or market the user's business, products or services. Any blogs may be removed from the website at discretion if Business Building Academy finds the posting to be in violation of these conditions. Repeated violations can result in the termination of the account of the user.
(b) Vulgarity Disclaimer
Any postings by users anywhere on the website that consist of abusive or vulgar language can result in the immediate termination of the account of the user responsible.
(c) Uploading Video Disclaimer
The purpose of uploading videos to the website is twofold; educate the public about a particular topic and distinguish the author of the video to be the go-to expert in their respective field. Video's that provide little education and serve merely to announce a new business, product or service will be deleted. Any videos that include pornography or any other material deemed inappropriate or illicit may be deleted. All users will be able to flag videos for Business Building Academy to review. Violations of these parameters can result in the immediate termination of the account of the user responsible.
(d) Forum Rules
The purpose of the forums is to create an ongoing dialog between users concerning a variety of topics covering Entrepreneurship and Investing. Postings to found in the wrong section may be moved to their proper location at the discretion of Business Building Academy. Vulgarity or abusive language can result in the immediate termination of the account of the user responsible.