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Last updated: July 7th 2023
BJK Institute,
Inc. and/or its affiliates (“BJK
University,” “we,” “our,” “us”) provides website features, including access to proprietary
and third party products and services, to you when you visit or shop at www.bjkuniversity.com, use BJK
University products or services, use BJK University applications for mobile, or
use software provided by BJK University in connection with any of the foregoing
(collectively, “BJK University Services”). BJK University provides these
services subject to the following conditions (“collectively, the “Terms and
Conditions” or “Terms”).
Agreeing to These Terms
& ConditionsBy using BJK University.com or
other sites or online resources owned and maintained by BJK University to which
these Terms are linked (each, a “Website”), you agree to be bound
contractually by these Terms and our Privacy Policy, incorporated herein by
reference.
We offer a range of
services depending on your needs. Individuals come to BJK University.com to
both post and purchase content. A majority of these Terms and Conditions will
apply to both individuals and suppliers. In some cases, the responsibilities of
individuals purchasing products or services and suppliers providing products or
services vary depending on other terms related to such content (“Service
Terms”). If the Terms and Conditions are inconsistent with specific Service
Terms, those Service Terms will apply.
IMPORTANT – PLEASE
CAREFULLY READ AND UNDERSTAND THESE TERMS AND CONDITIONS OF USE & SALE
BEFORE ACCESSING, USING, OR SUBSCRIBING OR PLACING AN ORDER VIA WWW.BJKUNIVERSITY.COM OR OTHER OF
OUR SITES OR ONLINE RESOURCES WHICH LINK TO THESE TERMS.
THESE TERMS CONTAIN
DISCLAIMERS OF WARRANTIES AND LIMITATIONS OF LIABILITIES INCLUDING ARBITRATION
AND CLASS ACTION WAIVER PROVISIONS THAT WAIVE YOUR RIGHT TO A COURT HEARING,
RIGHT TO A JURY TRIAL, AND RIGHT TO PARTICIPATE IN A CLASS ACTION (SEE SECTIONS
10, 14, 15, AND 16). ARBITRATION IS MANDATORY AND IS THE EXCLUSIVE REMEDY FOR
ANY AND ALL DISPUTES UNLESS SPECIFIED BELOW IN SECTION 16. THESE TERMS FORM AN ESSENTIAL BASIS OF OUR
AGREEMENT.
General Use
We offer the Website,
including all information, tools, and services available from the Website to
you, the user, conditioned upon your acceptance of all Terms and Conditions stated
herein. By accessing, using, subscribing, or placing an order over the Website,
you and your business (including any sub users you may have) agree to the terms
and conditions set forth herein. If you do not agree to these Terms in their
entirety, you are not authorized to use the Website in any manner or form
whatsoever.
THIS IS A BINDING
AGREEMENT. THESE TERMS TOGETHER WITH OUR PRIVACY POLICY FORM A LEGALLY BINDING
AGREEMENT (THE “AGREEMENT”) BETWEEN YOU AND YOUR BUSINESS (“YOU”) AND BJK
UNIVERSITY. THIS AGREEMENT GOVERNS YOUR ACCESS TO AND USE OF THE WEBSITE AND
THE SERVICES PROVIDED BY BJK UNIVERSITY, ANY ORDER YOU PLACE THROUGH THE
WEBSITE, BY TELEPHONE, OR OTHER ACCEPTED METHOD OF PURCHASE AND, AS APPLICABLE,
YOUR USE OR ATTEMPTED USE OF THE PRODUCTS OR SERVICES OFFERED ON OR AVAILABLE
THROUGH THE WEBSITE. PLEASE PRINT AND RETAIN A COPY OF THIS AGREEMENT FOR YOUR
RECORDS.
BJK University reserves
the right to modify these Terms at any time, and without prior
notice, by posting amended Terms that are always accessible through the “Terms
of Service” link on this Website’s home page. Your continued use of this
Website indicates your acceptance of the amended Terms. You should check these
Terms through this link periodically for modifications. We may also, from time
to time, issue additional guidelines and rules with respect to using our
Website or products purchased from us. We will endeavor to notify you on the
Website when we issue any such additional information. By using our Website,
you agree that you will comply with any such additional guidelines and rules..
Table of Contents
SECTION 1 – Website
Use
The Website is intended
for businesses operated by adults. If you use the Website, you are affirming
that you are at least 18 years old or the legal age of majority in your state
or province of residence (whichever is greater), operate a business, have the
legal capacity to enter into a binding contract with us, and have read these
Terms and understand and agree to its terms.
SECTION 2 – Website
User Conduct and Restrictions-License Terms
All aspects of our
Website are protected by U.S. and international copyright, trademark, and other
intellectual property laws, including all content, information, design
elements, text material, logos, taglines, metatags, hashtags, photographic
images, testimonials, personal stories, icons, video and audio clips, and
downloads. No material on the Website may be copied, reproduced, distributed,
republished, uploaded, displayed, posted, or transmitted in any way whatsoever.
The BJK University trademark and logo are proprietary marks of BJK University,
and the use of those marks is strictly prohibited. Nothing herein gives you the
right to use, copy, register as a domain name, reproduce, or otherwise display
any logo, tagline, trademark, trade name, copyrighted material, patent, trade dress,
trade secret, or confidential information owned by BJK University.
Subject to your
continued strict compliance with all Terms, BJK University provides to you a limited
non-exclusive, non-transferable, and revocable license to access and use the
Website, only for your personal use and not for purposes of resale. This
license terminates automatically if you breach these Terms. You do not have the
right to modify this Website, its content, or any copyright or other
proprietary notices. Unauthorized use of this Website or any content may
violate copyright laws, trademark laws, the laws of privacy and publicity, and
communications regulations and statutes
If you purchase a
subscription to any of BJK University’s products or services, BJK University
provides to you a revocable, limited, non-exclusive, non-sublicenseable,
non-transferrable license to use the products or services, subject to any
separate terms that we may provide from time to time. You acknowledge and agree that: (1) the products
and services are copyrighted material under United States and
international copyright laws that are exclusively
owned by BJK University; (2) you do not acquire any ownership rights in the products
and services; (3) you may not modify, publish, transmit, participate in the
transfer or sale, or create derivative works from the products or services; (4)
except as otherwise expressly permitted under copyright law, you may not copy, redistribute, publish, display or
commercially exploit any products or services without the express written
permission of BJK University; and (5) you may not make changes in or deletion
of author attribution, trademark, legend or copyright notices with respect to
any of the products or services.
You agree not to use or
attempt to use the Website, or any products or services provided by BJK
University, whether alone, or in conjunction with other products or services ,
in any unlawful manner or a manner harmful to BJK University. You further agree not to commit any harmful
or unlawful act or attempt to commit any harmful or unlawful act on or through
the Website or through use of any products or services including, but not
limited to, refraining from:
A. HARMFUL ACTS. Any
dishonest or unethical practice; any violation of the law; infliction of harm to BJK University reputation; hacking
and other digital or physical attacks on the Website; scraping, crawling, downloading,
screen-grabbing, or otherwise copying content on the Website and/or transmitting it in any way we haven’t
specifically permitted; introducing, transmitting, or storing viruses or other malicious code;
interfering with the security or operation of the Website; framing or mirroring the Website; creating,
benchmarking, or gathering intelligence for a
competitive offering; infringing another party’s intellectual property
rights, including failing to obtain
permission to upload/transfer/display works of authorship; intercepting or
expropriating data; and the violation of
the rights of BJK University or any third party;
B. “SPAMMING” AND
UNSOLICITED COMMUNICATIONS. We have zero tolerance for spam and unsolicited
communications. Any communications sent or authorized by you reasonably deemed
“spamming,” or any other unsolicited solicitations (including without
limitation postings on social media or third-party blogs) will be deemed a
material threat to BJK University reputation and to the rights of third
parties. It is your obligation, exclusively, to ensure that all business
communications comply with state and local anti-spamming or analogous
laws.
C. OFFENSIVE
COMMUNICATIONS. Any communication sent, posted, or authorized by you, including without limitation postings on any
website operated by you, or social media or blog, which are: sexually explicit,
obscene, vulgar, or pornographic; offensive, profane, hateful,
threatening, harmful, defamatory,
libelous, harassing, or discriminatory; graphically violent; or solicitous
of unlawful behavior.
D. SENSITIVE
INFORMATION. You will not import, or incorporate into, any contact lists or
other content you upload to any website, software, or other electronic service
hosted, provided by or connected to BJK University, any of the following
information: social security numbers, national insurance numbers, credit card
data, passwords, security credentials, bank account numbers, or sensitive
personal, health or financial information of any kind.
SECTION 3 – Our Privacy
Statement and Your Personal Information
We respect your privacy
and the use and protection of your non-public, personal information. Your
submission of personal information through the Website is governed by our
Privacy Policy and, if you and/or your end users are located in the European
Union or United Kingdom. Our Privacy Policy
may be viewed here. BJK
University reserves the right to modify its Privacy Policy and DPA in its
reasonable discretion from time-to-time. Our Privacy Policy is incorporated
into these Terms by reference.
SECTION 4 – Information
You Provide; Registration; Passwords
As a BJK University
user, you will be required to create an account with BJK University. You
warrant that the information you provide us is truthful and accurate, and that
you are not impersonating another person. You are responsible for maintaining
the confidentiality of any password you may use to access your BJK University
user account, and you agree not to transfer your password or username or lend
or otherwise transfer your use of or access to your user account, to any third
party. You are fully responsible for all transactions with, and information
conveyed to you as BJK University Subscriber/User, including technical
information, pricing, business strategy, and data about other past or current
BJK University users or your customers.
SECTION 5 – Order
Placement and Acceptance
If you order a service
or product, payment must be received by us before your order is accepted. We
may require additional information regarding your order if any required
information was missing or inaccurate and may cancel or limit an order any time
after it has been placed. Your electronic order confirmation, or any form of
confirmation, does not signify our acceptance of your order. You must contact
us immediately at support@bjkuniversity.com. in order to modify or cancel your
pending order. We cannot guarantee that we will be able to amend your order in
accordance with your instructions.
All items are subject
to availability. We will notify you if any item is not available, the expected
availability date, and may offer you an alternative product or service. If the
availability of any product or service is delayed and you do not wish to
substitute the product or service, upon your request, we will cancel your order
and if previously charged, your payment card will be fully refunded for that
specific order. We reserve the right to limit the sales of our products and
services to any person, geographic region, or jurisdiction. We may exercise
this right on a case-by-case basis at our sole and exclusive discretion.
Your purchase order of
products and other services is conditioned on you re-affirming your acceptance
of these Terms.
All advertised prices
are in, and all payments shall be in, U.S. Dollars.
SECTION 6 –
Refunds
Except as may be
expressly stated in our refund policies that apply to your purchase of certain
products or services, BJK University has no refund or exchange policy.
Intangible online are
not refundable. As our service are
digital products, it is deemed “used” after being emailed, downloaded and/or
opened.
If you are not happy
with our services, your only recourse is to unsubscribe from using the
services.
If you choose to stop
using our services before the end of your billing cycle, you understand and
accept that we will not be able to offer a refund, whether partially or in
full, for the remaining part of your cycle.
For the sake of
emphasis, we do not provide refunds, credit, or prorated billing for any
canceled subscription.
If you wish to cancel
your subscription, please email: support@bjkuniversity.com. You must complete a cancellation survey form
prior to having your subscription cancelled, failure to submit your survey in a
timely manner may result you being liable for the next billing cycle. Once your
survey has been received our customer service can begin to process your
cancellation request.
SECTION 7 –
Subscription Terms and Automatic Payments
If you purchase any
monthly subscriptions from us, you are responsible for paying all sums due to
BJK University in connection with your monthly subscription in accordance with
these Terms. Unless otherwise indicated in separate terms that apply with
respect to products or services that you purchase, the first fee payable in
accordance with these Terms is due when the user account is set up and payment
of the monthly fee is a condition of access, or after your free trial ends and
you have not canceled the automatic subscription with us. Every calendar month,
your account will be charged the subscription fee plus applicable tax for the
following month’s subscription, together with any other fees for the following
month’s subscription plus any accumulated charges for the past period
(collectively “Fees”).
Failure by the BJK
University user to use any of the services available through the service
provided by BJK University does not relieve the BJK University user of their
payment obligations under these Terms. Potential users can pay by credit card
or debit card. Payment details shall be collected by us through our secure
financial data collection mechanism. You acknowledge and agree that we hold
data relating to the transaction, including the last four digits and the
expiration date of the card used to purchase the products or services together with
details on when payment is due.
You further acknowledge
and agree that payments are due on a recurring basis in accordance with the
payment terms for the specific service
purchased (unless the subscription is cancelled in accordance with these
Terms) and therefore authorize the
automatic payment collection terms applicable to that specific service (e.g.,
on a monthly basis and for a specific
amount).
IF YOU WISH TO CANCEL
YOUR BJK UNIVERSITY SUBSCRIPTION (INCLUDING SUBSCRIPTIONS FOR SERVICES) AT ANY
TIME AFTER A FREE TRIAL OR DISCOUNTED PERIOD ENDS, YOU MUST SUBMIT A
CANCELLATION REQUEST TO US VIA OUR SUPPORT EMAIL ADDRESS SUPPORT@BJKUNIVERSITY.COM.
OR THROUGH YOUR ACCOUNT DASHBOARD, AS DETAILED HERE. FOR MONTHLY SUBSCRIPTIONS
(INCLUDING SUBSCRIPTIONS FOR SERVICES), WE REQUIRE AT LEAST TEN (10) DAYS’
NOTICE OF CANCELLATION BY EMAIL. IF YOU PROVIDE SUCH NOTICE LESS THAN TEN (10)
DAYS BEFORE THE FIRST DAY OF YOUR NEXT SUBSCRIPTION MONTH.
BJK University reserves
the right to immediately terminate a user’s account and/or service for any
unpaid (in whole or part) period of the subscription (with or without notice).
Termination of service in no way relieves or excuses the user from any
obligation to pay outstanding charges or expenses. In the event BJK University
starts collection processes of any type, you will be liable for all collection
costs, including legal fees and expenses, as provided in Section 18 below. In
addition to any Fees, BJK University may also charge applicable value added or
other tax.
SECTION 8 – Shipping
Fees
Unless otherwise stated
on the Website at the time of purchase, if we ship you a physical product, we
reserve the right to add applicable shipping and handling fees to your order.
Unless otherwise stated, we will use commercially reasonable efforts to fulfill
your order within a reasonable time after receipt of your properly completed
and verified order. Accurate shipping address and phone number information is
required. Although we may provide delivery or shipment timeframes or dates,
such dates are good-faith estimates and are subject to change. If your order
will be delayed, we will contact you at the e-mail address you provided when
placing your order. If we are unable to contact you or you would like to cancel
your order, we will cancel the order and refund the full amount charged. We
shall not be liable for any loss, damage, cost, or expense related to any delay
in shipment or delivery caused by any third-party carrier or other delivery
service not owned or controlled by us.
The risk of loss and title for such items pass to you upon our delivery
to any third-party carrier.
SECTION 9 – Products,
Services, and Prices
Products, services, and
prices are generally posted at the following URL, but are subject to
change: www.bjkuniversity.com. BJK
University reserves the right, without notice, to discontinue products or
services or modify specifications and prices on products and services without
incurring any obligation to you. Except as otherwise expressly provided for in
these Terms, any price changes to your subscription or purchase of product(s)
or services will take effect following email notice to you.
Unless otherwise
indicated, price changes are effective immediately after the price change is
posted. By accessing, using, subscribing or placing an order over the Website,
you authorize BJK University to charge your account in the amount indicated for
the value of the services you select, including any future price changes. If
you request a downgrade in services, the downgrade (and corresponding price
reduction) will become effective on the first day of the month following your
requested downgrade. By your continued use of BJK University services, and
unless you terminate your subscription as provided herein, you agree that BJK
University may charge your credit card monthly for the products and services
you have selected, and you consent to any price changes for such services after
e-mail notice has been provided to you.
BJK University takes
reasonable steps to ensure that the prices set forth on the Website are
correct, and to accurately describe and display the items available on the
Website. If the correct price of our product is higher than its stated price,
we will, at our discretion, either contact you for instructions or cancel your
order and notify you of such cancellation.
When ordering products
or services, please note that BJK University does not warrant that product or
service descriptions are accurate, complete, current, or error-free, or that
packaging will match the actual product that you receive. All sales are deemed
final except as provided otherwise. BJK University descriptions of, or
references to, products or services not owned by BJK University are not
intended to imply endorsement of that product or service or constitute a
warranty by BJK University.
SECTION 10 – Disclaimer
– Your Individual Results Will Vary
Every online business
is different, employing different strategic approaches and organizational
structures, and offering different products and services. Therefore, individual
results will vary from user to user. YOUR BUSINESS’ INDIVIDUAL RESULTS WILL
VARY DEPENDING UPON A VARIETY OF FACTORS UNIQUE TO YOUR BUSINESS, INCLUDING BUT
NOT LIMITED TO YOUR CONTENT, BUSINESS MODEL, AND PRODUCT AND SERVICE OFFERINGS.
BJK University does not
promise, guarantee, or warrant your business’ success, income, or sales. You
understand and acknowledge that BJK University will not at any time provide
sales leads or referrals to you or your business. Those businesses who purchase
our products or services will receive access to our course and training.
However, we do not guarantee your business’ success and based upon many market
factors that we cannot control, the software and tools we provide may or may
not be applicable to your specific business.
Further, we do not make
earnings claims, efforts claims return on investment claims, or claims that our
software, tools, or other offerings will make your business any specific amount
of money, and it is possible that you will not earn your investment back. We do
not sell a business opportunity, “get rich quick” program, guaranteed system,
franchise system, or a business in a box. You should not purchase our products
or services if that is your expectation.
Instead, you should
purchase with the understanding that using the information and training
purchased will take time and effort and may be applicable in some situations
but not others. Also, we do not offer any tax, accounting, financial, or legal
advice. You should consult your business’ accountant, attorney, or financial
advisor for advice on these topics.
SECTION 11 – Your
Responsibilities in Running Your Business
You represent and
warrant that you operate a business in good-standing and you agree that there
are no prior or pending government investigations or prosecutions against you
or your business. You also agree that you and your business will only use BJK
University’s products and services for lawful purposes and that you shall not
use such products or services, whether alone or in connection with other
software, hardware, or services, for any unlawful or harmful purpose.
You are solely and
exclusively responsible for complying with all applicable laws and regulations
in running your business, including, but not limited to, all laws governing
advertising and marketing claims, subscriptions, refunds, premium offers, tax
laws, and all additional laws applicable to your business.
You agree to notify BJK
University if any investigation or lawsuit is threatened or filed against you,
whereupon BJK University shall have the right to terminate these Terms without
liability. BJK University shall have no liability for your violation of any
laws.
You are solely and
exclusively responsible for collecting and reporting all sales and use tax, and
any other taxes, which may apply to sales of products or services by your
business. BJK University shall not be responsible to collect or report any
taxes which may apply to your business or sales of products or services by your
business.
You agree to indemnify
BJK University as set out below in the event that you and/or your business
violates any law and a claim is threatened or asserted against BJK University
as a result.
SECTION 12 –
Testimonials, Reviews, and Pictures/Videos
BJK University is
pleased to hear from users and customers and welcomes your comments regarding
our services and products. BJK University may use testimonials and/or product
reviews in whole or in part together with the name, city, and state of the
person submitting it. Testimonials may be used for any form of activity
relating to BJK University services or products, in printed and online media,
as BJK University determines in its sole and exclusive discretion. Testimonials
represent the unique experience of the participants and customers submitting
the testimonial, and do not necessarily reflect the experience that you may
have using our services or products. As set forth above in Section 10, your
results will vary depending upon a variety of factors unique to and beyond BJK
University’s control. Note that testimonials, photographs, and other
information that you provide to us will be treated as non-confidential and
nonproprietary, and, by providing them, you grant BJK University a
royalty-free, worldwide, perpetual, nonexclusive and irrevocable license to use
them.
Additionally, BJK
University reserves the right to correct grammatical and typing errors, to
shorten testimonials prior to publication or use, and to review all
testimonials prior to publication or use. BJK University shall be under no
obligation to use any, or any part of, any testimonial or product review
submitted.
You may post reviews,
comments, photos, videos, and other content; send e-cards and other
communications; and submit suggestions,
ideas, comments, questions, or other information, so long as the content is not
illegal, obscene, threatening,
defamatory, invasive of privacy, infringing of intellectual property rights
(including publicity rights), or
otherwise injurious to third parties or objectionable, and does not consist of
or contain software viruses, political
campaigning, commercial solicitation, chain letters, mass mailings, or any form
of “spam” or unsolicited commercial
electronic messages. You may not use a false e-mail address, impersonate any
person or entity, or otherwise mislead as to the origin of a card or other
content. BJK University reserves the right (but not the obligation) to remove
or edit such content but does not regularly review posted content.
If you do post content
or submit material, and unless we indicate otherwise, you grant BJK University
a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable
right to use, reproduce, modify, adapt, publish, perform, translate, create derivative
works from, distribute, and display such content throughout the world in any
media. You grant BJK University and sublicensees the right to use the name that
you submit in connection with such content if they choose. You represent and
warrant that you own or otherwise control all of the rights to the content that
you post; that the content is accurate; that use of the content you supply does
not violate this policy and will not cause injury to any person or entity; and
that you will indemnify BJK University for all claims resulting from content
you supply. BJK University has the right but not the obligation to monitor and
edit or remove any activity or content. BJK University takes no responsibility
and assumes no liability for any content posted by you or any third party.
SECTION 13 – Compliance
with the Laws, Including Commitment Against Harassment and Interference with
Others (“Targeting”)
As a BJK University
user, you must comply with all laws,
both U.S. and foreign, including, but not limited to, laws prohibiting
deceptive and misleading advertising and
marketing, e-mail marketing laws (including the federal CAN-SPAM Act (15
U.S.C. § 7701)), telemarketing laws
(including the federal Telephone Consumer Protection Act (47 U.S.C. § 227) and
the Federal Trade Commission’s
Telemarketing Sales Rule (16 C.F.R. § 310)), laws governing testimonials
(including the Federal Trade
Commission’s Revised Endorsements and Testimonials Guides (16 CFR Part 255)),
and/or any similar laws, laws relating
to intellectual property, privacy, security, terrorism, corruption, child
protection, or import/export laws. You
are solely responsible for ensuring their compliance with all applicable laws,
rules, regulations, and court orders of any kind of any jurisdiction applicable
to you and your business, and any recipient to whom you send digital messages
using our products or services. You have the responsibility to be aware of,
understand, and comply with all applicable laws and ensure that you and all
users of your account comply with such applicable laws at all times.
If you use any
messaging software, or any other messaging system or other software or hardware
provided by you or a third-party, you agree that you will follow all applicable
laws with respect to sending messages, including without limitation the federal
Telephone Consumer Protection Act. You further agree to indemnify and defend
BJK University from any claims, damages, losses, and lawsuits of any kind or
nature that may be made or brought against BJK University relating in any way
to your violation of law or third-party rights by use or misuse of any
messaging software or hardware, whether provided by BJK University. You further
understand and agree that BJK University has no control over, and therefore
cannot be responsible for, the functionality or failures of any third-party
software or websites and internet
browser notifications. BJK University DOES NOT WARRANT THAT ANY BJK UNIVERSITY
MESSAGING SOFTWARE WILL BE COMPATIBLE WITH ANY THIRD-PARTY SOFTWARE. YOU ARE
SOLELY AND EXCLUSIVELY RESPONSIBLE FOR YOUR USE OF ANY AND ALL MESSAGING
SOFTWARE AND/OR HARDWARE.
COMMITMENT AGAINST
TARGETING AND HARASSMENT AND INTERFERENCE WITH OTHERS. You must not use our services, whether alone,
or in connection with other software or hardware, to: (i) store, distribute, or transmit any malware or other
material that you know, or have reasonable grounds to believe, is or may be tortious, libelous, offensive,
infringing, harassing, harmful, disruptive, or abusive; or (ii) commit, promote, aid, or abet any behavior, which you
know, or have reasonable grounds to believe, is or may be tortious, libelous, offensive, infringing, harassing,
harmful, disruptive, or abusive.
SECTION 14 –
Disclaimers of Other Warranties
EXCEPT WHERE OTHERWISE
INAPPLICABLE OR PROHIBITED BY LAW:
THE WEBSITE AND ALL
CONTENT, PRODUCTS AND SERVICES ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” BASIS
WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT
LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR
FITNESS FOR A PARTICULAR PURPOSE. WE MAKE NO, AND EXPRESSLY DISCLAIM ANY AND
ALL, REPRESENTATIONS AND WARRANTIES AS TO THE RELIABILITY, TIMELINESS, QUALITY,
SUITABILITY, AVAILABILITY, ACCURACY, AND/OR COMPLETENESS OF ANY INFORMATION ON
THIS WEBSITE, PRODUCTS AND SERVICES. WE DO NOT REPRESENT OR WARRANT, AND
EXPRESSLY DISCLAIM THAT: (A) THE USE OF
THE WEBSITE OR ANY PRODUCTS AND SERVICES WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE, OR OPERATE IN
COMBINATION WITH ANY OTHER HARDWARE,
SOFTWARE, SYSTEM OR DATA, (B) THE WEBSITE, PRODUCTS AND SERVICES WILL MEET YOUR
REQUIREMENTS OR EXPECTATIONS, (C) ANY STORED DATA WILL BE ACCURATE OR RELIABLE, (D) THE QUALITY OF ANY
PRODUCTS, SERVICES, SOFTWARE,
INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH
THE WEBSITE WILL MEET YOUR REQUIREMENTS
OR EXPECTATIONS, (E) ERRORS OR DEFECTS IN
THE WEBSITE, PRODUCTS OR SERVICES WILL BE CORRECTED, OR (F) THE WEBSITE
OR THE SERVER(S) THAT MAKE THE WEBSITE
AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ALL CONDITIONS,
REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR
OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT OF
THIRD-PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW.
SECTION 15 –
Limitations of Liabilities
EXCEPT WHERE OTHERWISE
INAPPLICABLE OR PROHIBITED BY LAW, IN NO EVENT SHALL BJK UNIVERSITY OR ANY OF ITS OFFICERS,
DIRECTORS, SHAREHOLDERS, EMPLOYEES,
INDEPENDENT CONTRACTORS, TELECOMMUNICATIONS PROVIDERS, AND/OR AGENTS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL,
EXEMPLARY, CONSEQUENTIAL, PUNITIVE, OR
ANY OTHER DAMAGES, FEES, COSTS OR CLAIMS ARISING FROM OR RELATED TO THIS AGREEMENT, THE PRIVACY POLICY, THE
SERVICES OR PRODUCTS, YOUR OR A THIRD
PARTY’S USE OR ATTEMPTED USE OF THE WEBSITE OR ANY SOFTWARE, SERVICE, OR PRODUCT, REGARDLESS OF WHETHER BJK UNIVERSITY
HAS HAD NOTICE OF THE POSSIBILITY OF
SUCH DAMAGES, FEES, COSTS, OR CLAIMS. THIS INCLUDES, WITHOUT LIMITATION, ANY
LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, COST OF
PROCUREMENT OF SUBSTITUTE SERVICES OR PRODUCTS, OR ANY OTHER INDIRECT, SPECIAL,
INCIDENTAL, PUNITIVE, CONSEQUENTIAL, OR OTHER DAMAGES. THIS APPLIES REGARDLESS
OF THE MANNER IN WHICH DAMAGES ARE ALLEGEDLY CAUSED, AND ON ANY THEORY OF
LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND
STRICT LIABILITY), WARRANTY, OR OTHERWISE.
SECTION 16 – Dispute
Resolution by Mandatory Binding Arbitration and Class Action Waiver
PLEASE READ THIS
ARBITRATION PROVISION CAREFULLY TO UNDERSTAND YOUR RIGHTS. EXCEPT WHERE
PROHIBITED BY LAW, YOU AND YOUR BUSINESS AGREE THAT ANY CLAIM THAT YOU OR YOUR
BUSINESS MAY HAVE IN THE FUTURE MUST BE RESOLVED THROUGH FINAL AND BINDING
CONFIDENTIAL ARBITRATION. YOU ACKNOWLEDGE AND AGREE THAT YOU ARE WAIVING THE
RIGHT TO A TRIAL BY JURY. THE RIGHTS THAT YOU AND YOUR BUSINESS WOULD HAVE IF YOU
WENT TO COURT, SUCH AS DISCOVERY OR THE RIGHT TO APPEAL, MAY BE MORE LIMITED OR
MAY NOT EXIST. YOU AGREE THAT YOU MAY ONLY BRING A CLAIM IN AN INDIVIDUAL
CAPACITY AND NOT AS A PLAINTIFF (LEAD OR OTHERWISE) OR CLASS MEMBER IN ANY
PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. YOU FURTHER AGREE THAT THE
ARBITRATOR MAY NOT CONSOLIDATE PROCEEDINGS OR CLAIMS OR OTHERWISE PRESIDE OVER
ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.
THERE IS NO JUDGE OR
JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATIONAWARD IS LIMITED.
HOWEVER, AN ARBITRATOR CAN AWARD ON AN INDIVIDUAL BASIS THE SAME DAMAGES AND
RELIEF AS A COURT (INCLUDING INJUNCTIVE AND DECLARATORY RELIEF OR STATUTORY
DAMAGES) AND MUST FOLLOW THESE TERMS AS A COURT WOULD.
If you have a
complaint, dispute, or controversy, you agree to first contact us at
support@bjkuniversity.com. to attempt to
resolve the dispute or controversy informally. Any controversy or claim arising
out of or related to the use of the
Website, any product, service, or software, these Terms, the Privacy Policy,
any affiliate agreement, or your
relationship with us that cannot be resolved through such informal process or
through negotiation within 120 days
shall be resolved by binding, confidential arbitration administered by the
American Arbitration Association (“AAA”), and judgment on the award rendered
may be entered in any court having
jurisdiction thereof. We agree that any claim we may have against you or
your business will also be subject to his arbitration provision, except as
provided in Sections 20 and 21 below. The arbitration will be conducted by a
single neutral arbitrator in the English language in the United States, unless
we both agree to conduct the arbitration by telephone or written submissions.
The arbitrator shall be selected by agreement of the parties or, if the parties
cannot agree, chosen in accordance with Rules of the AAA. The arbitration will
be conducted in accordance with the provisions of the AAA’s Commercial
Arbitration Rules and Procedures, in effect at the time of submission of the
demand for arbitration. The AAA’s Rules are available at www.adr.org or by
calling 1-800-778-7879. The arbitrator shall have the exclusive and sole
authority to resolve any dispute relating to the interpretation, construction,
validity, applicability, or enforceability of these Terms and Conditions of Use
and Sale, the Privacy Policy, this arbitration provision, and any other terms
incorporated by reference into these Terms and Conditions of Use and Sale. The
arbitrator shall have the exclusive and sole authority to determine whether any
dispute is arbitrable. The arbitrator shall have the exclusive and sole
authority to determine whether this arbitration agreement can be enforced
against a non-signatory to this agreement and whether a non-signatory to this
agreement can enforce this provision against you or BJK University.
Payment of all filing,
administration, and arbitrator fees will be governed by the AAA’s Rules. In all
other respects, the parties shall each pay their own additional fees, costs,
and expenses, including, but not limited to, those for any attorneys, experts,
documents, and witnesses.
The arbitrator shall
follow the substantive law of the State of Florida without regard to its
conflicts of laws principles. Any award rendered shall include a confidential
written opinion and shall be final, subject to appeal under the Federal
Arbitration Act, 9 U.S.C. §§ 1-16, as amended. Judgment on the award rendered
by the arbitrator may be entered in any court of competent jurisdiction.
You and BJK University
agree that disputes will only be arbitrated on an individual basis and shall
not be consolidated, on a class wide, representative basis, or with any other
arbitration(s) or other proceedings that involve any claim or controversy of
any other party. You and BJK University expressly waive any right to pursue any
class or other representative action against each other.
Failure or any delay in
enforcing this arbitration provision in connection with any particular claim
will not constitute a waiver of any
rights to require arbitration at a later time or in connection with any other
claims except that all claims must be
brought within 1 year after the claim arises (the 1 year period includes the
120 day informal resolution procedures described above).
This arbitration
provision sets forth the terms and conditions of our agreement to final and
binding confidential arbitration and is governed by and enforceable under the
Federal Arbitration Act, 9 U.S.C. §§ 1-16, as amended.
This provision survives
termination of your account or relationship with BJK University, bankruptcy,
assignment, or transfer. If the class action waiver is deemed unenforceable (i.e., unenforceability would allow arbitration
to proceed as a class or representative action), then this entire arbitration
provision shall be rendered null and void and shall not apply. If a portion of
this arbitration provision (other than the class action waiver) is deemed
unenforceable, the remaining portions of this arbitration provision shall
remain in full force and effect.
YOU UNDERSTAND THAT YOU
AND YOUR BUSINESS WOULD HAVE HAD A RIGHT TO LITIGATE THROUGH A COURT, TO HAVE A
JUDGE OR JURY DECIDE YOUR CASE, AND TO BE PARTY TO A CLASS OR REPRESENTATIVE
ACTION. HOWEVER, YOU UNDERSTAND AND AGREE TO HAVE ANY CLAIMS DECIDED
INDIVIDUALLY AND ONLY THROUGH BINDING, FINAL, AND CONFIDENTIAL ARBITRATION IN
ACCORDANCE WITH THIS ARBITRATION PROVISION.
SECTION 17– BJK
University’s Additional Remedies
In order to prevent or
limit irreparable injury to BJK University, in the event of any breach or
threatened breach by you of the
provisions of these Terms or any infringement or threatened infringement by you
of the intellectual property of BJK University or a third-party, BJK University
shall be entitled to seek a temporary restraining order and preliminary and
permanent injunctions or other equitable relief from a court of competent
jurisdiction located in Florida restraining such breach, threatened breach,
infringement, or threatened infringement. Nothing in these Terms shall be
construed as prohibiting BJK University from pursuing in court any other
remedies available to it for such breach, threatened breach, infringement, or
threatened infringement, including the recovery of monetary damages from you
and your business. You and your business hereby irrevocably consent to the
exclusive personal jurisdiction of, and exclusive venue in, the courts governing
Miami, Florida, for all such claims, and forever waive any challenge to said
courts’ exclusive jurisdiction or venue.
SECTION 18 –
Indemnification
To the fullest extent
permitted by law, you agree to defend, indemnify, and hold harmless BJK
University, its directors, officers,
employees, shareholders, licensors, independent contractors, subcontractors,
suppliers, affiliates, parent companies,
subsidiaries, and agents from and against any and all claims, actions, loss,
liabilities, damages, expenses, demands,
and costs of any kind, including, but not limited to attorneys’ fees and costs
of any litigation or other dispute
resolution, arising out of, resulting from, or in any way connected with or
related to (i)
any inaccuracies, errors or omissions with respect to any information contained
on the Website, (ii) your activities in connection with this Website and/or
products and services made available therein, including your purchase and/or
use of products or services purchased from us; (iii) your violation of these
Terms or the Privacy Policy; (iv) your failure to comply with
any written instructions relating to any products or services purchased from BJK
University; and (v) your negligence, carelessness, or any action or inaction
relating to any products or services purchased from BJK University. This
indemnification obligation is in addition to other obligations set forth
elsewhere in these Terms. .
SECTION 19 – Notice and
Takedown Procedures; Digital Millennium Copyright Act
If you believe that
materials or content available on the Website infringes any copyright you own,
you or your agent may send BJK University a notice requesting that BJK
University remove the materials or content from the Website. If you believe
that someone has wrongly filed a notice of copyright infringement against you,
you may send BJK University a counter-notice. Notices and counter-notices
should be sent to BJK University, Attention Legal Department, 698 NE 1st Ave,
Miami Florida 33132, or by e-mail to support@bjkuniversity.com. These Terms fully incorporate by reference
the DMCA Policy.
SECTION 20 –
THIRD-PARTY LINKS
The Website may contain
links to other websites. The views, information or opinions expressed on or
during any BJK University or otherwise publicized on our online and mobile
resources are solely those of the creating authors or contributors and not
those of BJK University or any of its affiliates. Further, BJK University is not responsible for and
does not verify the accuracy of any of the information contained in any BJK
University or content. The primary purpose of these resources is to educate,
inspire and inform. Some authors’ or contributors’ content may discuss
strategies and methods for earning income in business, and you should feel free
to reach out to those authors or contributors about their proof that such
strategies and methods work. BJK University assumes no responsibility for the
content or functionality of any non-BJK University website to which we provide
a link. Please see our Privacy Policy for more details.
SECTION 21 –
Termination
This Agreement will
take effect (or shall re-take effect) at the time you click “ACTIVATE MY
ACCOUNT NOW,” “PAY NOW,” “ORDER NOW”,
“SUBMIT”, “BUY NOW”, “PURCHASE”, “I ACCEPT”, “I AGREE” or similar links or buttons, otherwise
submit information through the Website, respond to a request for information, begin installing, accessing, or
using the Website, complete a purchase, select a method of payment, and/or enter in payment method information,
whichever is earliest. If, in our sole discretion, you fail, or we suspect that
you have failed, to comply with any term or provision of the Agreement or
violated any law, whether in connection with your use of BJK University or
otherwise, we may terminate the Agreement or suspend your access to the Website
at any time without notice to you. Sections 10, 18, 20 through 30 of these
Terms, as well as any representations, warranties, and other obligations made
or undertaken by you, shall survive the termination of these Terms and/or your
account or relationship with BJK University. Upon termination, you remain
responsible for any outstanding payments to BJK University.
SECTION 22 – No Waiver
No failure or delay on
the part of BJK University in exercising any right, power or remedy under these
Terms may operate as a waiver, nor may any single or partial exercise of any
such right, power, or remedy preclude any other or further exercise of such
right, power, or remedy, or the exercise of any other rights, power, or remedy
under these Terms. A waiver of any right or obligation under these Terms shall
only be effective if in writing and signed by BJK University.
SECTION 23 – Governing
Law and Venue
This Agreement and any
issue or dispute arising out of or otherwise related to these Terms or your
access to or use of the Website, our Privacy Policy or any matter concerning
BJK University, including your purchase and use or attempted use of any service
or product, shall be governed exclusively by the laws of State of Florida
without regard to its conflicts of laws principles. To the extent that any
claim or dispute is found by the arbitrator
or (if proper) a court of competent jurisdiction to be excluded from the
arbitration agreement in Section 17 above,
the parties agree any such claim or dispute shall be exclusively brought
in and decided by the state or federal courts located in Florida, and you
hereby irrevocably consent to the exclusive personal jurisdiction of, and exclusive venue in, such
courts, and forever waive any challenge to said courts’ exclusive jurisdiction
or venue. All such claims must be brought on an individual and non-class,
nonrepresentative basis, and you forever waive any right to bring such claims
on a class wide or representative basis.
SECTION 24 – Force
Majeure
BJK University will not
be responsible to you for any delay, damage, or failure caused or occasioned by
any act of nature or other causes beyond our reasonable control.
SECTION 25 – Assignment
BJK University may
assign its rights under these Terms at any time, without notice to you. Your
rights arising under these Terms cannot be assigned without the express written
consent of BJK University (or its assigns’).
SECTION 26 – Electronic
Signature
All information
communicated on the Website is considered an electronic communication. When you
communicate with BJK University through or on the Website or via other forms of
electronic media, such as email, you are communicating with the company
electronically. You agree that we may communicate electronically with you and
that such communications, as well as notices, disclosures, agreements, and
other communications that we provide to you electronically, are equivalent to
communications in writing and shall have the same force and effect as if they
were in writing and signed by the party sending the communication.
SECTION 27 – Changes To
The Agreement
You can review the most
current version of the Terms at any time on our Website. We reserve the right,
at our sole discretion, to update, change or replace any part of the Agreement,
including the Privacy Policy by posting updates and changes to our Website. It
is your responsibility to check our Website periodically for changes. Your
continued use of or access to our Website following the posting of any changes
to the Agreement constitutes acceptance of those changes.
SECTION 28 – Your
Additional Representations and Warranties
You hereby further
represent and warrant: (1) that you have read these Terms and thoroughly
understand and agree to the terms contained in these Terms; and (2) that you
will not resell, re-distribute, or export any product or service that you order
from the Website. You further represent that BJK University has the right to
rely upon all information provided to BJK University by you, and BJK University
may contact you and your business by email, telephone, or postal mail for any
purpose, including but not limited to (i) follow-up calls, (ii) satisfaction
surveys, and (iii) inquiries about any orders you placed, or considered
placing, on or through the Website.
You further represent
and warrant that there are no prior or pending government investigations or
inquiries of, or prosecutions against
you, or any business related to you, by the Federal Trade Commission, any other
federal or state governmental agency, or any industry regulatory authority,
anywhere in the world, nor any prior or pending private lawsuits against you.
If at any time during the life of the Agreement you, or any business related to
You, becomes the subject of a government investigation, inquiry, or prosecution
by the Federal Trade Commission, any other federal or state governmental
agency, or any industry regulatory authority anywhere in the world, or the
subject of any lawsuit, you will notify BJK University of the same within 24
hours. BJK University, at its sole discretion, may terminate the Agreement
based on any investigation, proceeding, or lawsuit identified pursuant to this
paragraph or otherwise discovered by BJK University without incurring any
obligation or liability to you.
SECTION 29 –
Severability
If any provision of these
Terms is found by the arbitrator or (if proper) a court of competent
jurisdiction to be invalid or unenforceable, the remaining provisions shall not
be affected thereby and shall continue in full force and effect and such
provision may be modified or severed from these Terms to the extent necessary
to make such provision enforceable and consistent with the remainder of the
Agreement.
SECTION 30- ECPA Notice
This
Website treats email messages and other communications through this Website as
private. Exceptions are those permitted by law, included under the Electronic
Communications Privacy Act of 1986, 18 U.S.C. Sections 2701-2711 (the “ECPA”). The ECPA permits our limited ability to
intercept and/or disclose electronic messages, including, for example (i) as
necessary to operate our system or to protect our rights or property, (ii) upon
legal demand (court orders, warrants, subpoenas), or (iii) where we receive
information inadvertently which appears to pertain to the commission of a
crime. This Website is not considered a “secure communications medium” under
the ECPA.
SECTION
31- USA Patriot Act Notice
The
U.S. federal USA Patriot Act (“USA Patriot Act”) provides generally for the
operator of a communication host and law enforcement to be able to monitor any
content, upon request of the operator.
We anticipate fully complying with all our obligations, and availing
ourselves of all our rights, under the USA Patriot Act.
SECTION 32- California Residents
IF
YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE YOUR RIGHTS WITH RESPECT TO CALIFORNIA
CIVIL CODE SECTION 1542, WHICH SAYS “A GENERAL RELEASE DOES NOT EXTEND TO
CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE
TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY
AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
SECTION 33 – Entire
Agreement
These Terms, the
Agreement, and any policies or operating rules posted by us on the Website or
in respect to the Website constitutes the entire agreement and understanding
between you and your business and BJK University and governs your access to and use of the Website
and your ordering, purchasing, and use and/or attempted use of any service or
product, and supersedes and replaces any prior or contemporaneous agreements,
representations, communications, and proposals, whether oral or written,
between you and BJK University. We may also, in the future, offer new services
and/or features through the Website. Such new features and/or services shall
also be subject to these Terms, the Agreement, and any policies or operating
rules posted by us on the Website. Any ambiguities in the interpretation of
these Terms or the Agreement shall not be construed against the drafting party.
SECTION 34 – Contacting
Us
We encourage our
customers to contact us with questions or comments about our products and
services. Please feel free to do so by sending an e-mail to
support@bjkuniversity.com.
If you have any
questions or inquiries concerning any of the Terms, you may contact BJK
University by email at support@bjkuniversity.com. or by regular mail at 698 NE
1st Ave, Miami Florida 33132.
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© 2024 BJK University. All rights reserved.
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