Your use of www.bye9to5official.com
, including any sub-domains thereof, affiliated websites, and mobile applications (collectively, the “Website”), which are owned and maintained by Bye 9 to 5, LLC. (“Bye 9 to 5,” “we,” “our,” “us”), are governed by the policies, terms, and conditions set forth below. Please read our terms carefully. We offer the Website, including all information, tools, products, course materials, curriculums, interactive materials, and services available from the Website to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here. By accessing, using, placing an order, or making a transaction over the Website, you agree to the terms set forth herein. If you do not agree to these terms and conditions in their entirety, you are not authorized to use the Website in any manner or form whatsoever.
THIS AGREEMENT CONTAINS 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. ARBITRATION IS MANDATORY AND IS THE EXCLUSIVE REMEDY FOR ANY AND ALL DISPUTES UNLESS SPECIFIED BELOW IN SECTION 16 OR IF YOU OPT-OUT. PLEASE CAREFULLY REVIEW THE DISPUTE RESOLUTION PROVISIONS IN SECTION 16 BELOW, WHICH DESCRIBES YOUR RIGHT TO OPT-OUT.
You can review the most current version of the Terms at any time on this page
. We reserve the right to update, change, or replace any part of these Terms by posting updates and/or changes to our Website. It is your responsibility to check this page periodically for changes. YOUR CONTINUED USE OF OR ACCESS TO THE WEBSITE FOLLOWING THE POSTING OF ANY CHANGES CONSTITUTES BINDING ACCEPTANCE OF THOSE CHANGES.
TABLE OF CONTENTS
Table of Contents
Privacy and Security Disclosure
General Conditions and Website User Conduct Restrictions
No Professional Advice
Modifications to the Website and Prices
Order Placement and Acceptance; Subscription Billing Disclosure
Digital Millennium Copyright Notice
DISCLAIMER OF WARRANTIES
DISCLAIMER OF LIABILITIES
Dispute Resolution by Mandatory Binding Arbitration and Class Action Waiver
Third-Party Websites and Links
Testimonials, Reviews, and Other Submissions
Questions or Additional Information
By using the Website and agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence. If you use the Website, you affirm that you have the legal capacity to enter into a binding contract with us, have read this Agreement, and understand and agree to its terms.
Privacy and Security Disclosure
General Conditions and Website User Conduct Restrictions
All aspects of our Website are protected by U.S. and international copyright, trademark, and other intellectual property laws. You do not acquire any ownership or other rights by downloading or using the Website or any material on it.
You agree not to use or attempt to use the Website or any products or services in any unlawful manner or for any unlawful purpose. You further agree not to commit any unlawful act or attempt to commit any unlawful act on or through the Website including, but not limited to: (1) hacking and other digital or physical attacks on the Website; (2) publishing vulgar, abusive, obscene, or defamatory material; (3) soliciting others to perform or participate in any unlawful acts; (4) violating any international, federal, provincial or state regulations, rules, laws, or local ordinances; (5) infringing upon or violating our intellectual property rights or the intellectual property rights of others; (6) harassing, abusing, insulting, harming, defaming, slandering, disparaging, intimidating, or discriminating based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (7) submitting false or misleading information; (8) uploading or transmitting viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Website; (9) collecting or tracking the personal information of others; (10) interfering with or circumventing the security features of the Website; or (11) any other unlawful act.
Bye 9 to 5 reserves the right to terminate your access to the Website or any of its products or services if it determines that you (1) do not comply with these Terms; (2) provide false, inaccurate, or incomplete information during our registration process; (3) engage in any conduct that would otherwise harm any of Bye 9 to 5’s rights or interests in its Website, products, services, or other property; or (4) for any or no reason whatsoever without prior notice to you. Bye 9 to 5 may take any other actions necessary in this regard or seek any remedies permitted by law.
No Professional Advice
Bye 9 to 5 does not provide professional advice of any kind, and you agree that Bye 9 to 5’s products and services are provided for informational and educational purposes only. Neither the Website nor any of Bye 9 to 5’s products or services are intended to provide tax, legal, or investment advice. You alone are solely responsible for determining whether any product or service is appropriate or suitable for you based on your objectives and personal and financial situation. You should seek independent professional advice relevant to your business before making any significant decisions or taking actions based on the products and services provided. You understand that performance data is supplied by sources believed to be reliable, and that such data is not guaranteed by these sources, the information providers, or any other person or entity, and may not be complete.
From time to time, our Website may reference prior articles and opinions that we have published. These references may be selective, may reference only a portion of an article or opinion, and are likely not to be current. All content on the Website is presented only as of the date published or indicated and may be superseded by subsequent events or for other reasons. In addition, you are responsible for setting the cache settings on your browser to ensure you are receiving the most recent data
Bye 9 to 5 is a privately-owned for profit company that provides general education, and this Website is for general education and informational purposes only. It is not, and is not affiliated with any, educational institutions or other accredited entities. Bye 9 to 5 does not register students, does not offer accredited courses or programs of study, and does not grant a degree or diploma, or any licenses or certifications, upon completion of our programming. As such, Bye 9 to 5 does not intend to provide, or purport to provide, in any way, education, course materials, certification, or training that is required by any law or employer, and is not intended nor implied to be a substitute for education or training provided by an accredited entity. You assume full responsibility for how you choose to use the information provided by Bye 9 to 5. Bye 9 to 5 does not provide any guarantee regarding the amount of success students could or will have using our products or services, nor any guarantee regarding ability to get or create jobs upon completion of our programs.
Modifications to the Website and Prices
We reserve the right to modify or discontinue access to the Website (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third party for any modification, suspension, or discontinuance of access to the Website. Certain products or services may be available exclusively online through the Website.
All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion. Any offer for any product or service made on this Website is void where prohibited.
In order to access some of the products or services of the Website, you will be required to create an account. By creating this account, you agree to the following:
You may only maintain a single account;
You may never share your account user name or password or knowingly provide or authorize access to your account;
You may never use another user’s account without permission;
When creating your account, you must provide accurate and complete information;
You are solely responsible for the activity that occurs on your account, and you must keep your account password secure;
You must notify us immediately of any breach of security or unauthorized use of your account; and
You will be liable for any use made of your account or password and the losses of Bye 9 to 5 or others due to such unauthorized use. We will not be liable for your losses caused by any unauthorized use of your account.
Bye 9 to 5 has the right, in its sole discretion, to cancel your account or suspend your access to the Website.
By using any Bye 9 to 5 services, and accessing the services, you expressly consent to receive electronically all communications, agreements, documents, notices and disclosures (“Notices'') that we provide in connection with your account and your use of the services. Notices may, without limitation, take the form of electronic mail, in-app messages, and in-Website communications. Additionally, Notices may take the form of electronic mail containing promotional, marketing, and advertising information and recommendations that we believe may be of interest to you. If you do not wish to receive such promotional emails, you may unsubscribe at any time by following the instructions within, and Bye 9 to 5 will honor any requests to unsubscribe within 30 days.
Bye 9 to 5 may, at its discretion, use SMS services to deliver Notices to end users and clients. The information received is requested by the end user or is based on an existing business relationship or transaction with Bye 9 to 5. The information sent does not contain advertising or a solicitation. Message frequency varies. Message and data rates may apply. Users can text HELP to the sending number for help and reply STOP to cancel receiving text messages. Carriers are not liable for delayed or undelivered messages.
Order Placement and Acceptance; Subscription Billing Disclosure
Your electronic order confirmation, or any form of confirmation, does not signify our acceptance of your order. We reserve the right to accept or deny anyone’s order for any reason. In the event we deny your order, you will receive a refund to your original form of payment. You understand and agree that we will not be liable for any losses or damages that may result from our refusal to provide you any product or service. We reserve the right to require additional information before processing any order.
Many of Bye 9 to 5’s products and services are offered on a subscription basis. If you purchase a subscription, it is automatically billed each stated period (e.g. monthly or annual) to the payment method you provided when you purchased the subscription unless and until you cancel the subscription. We may use an account updater to automatically update your payment information in the event it changes, in which case, your renewal will be billed to the updated account information. If you wish to cancel your subscription, you may do so at any time; however, you must cancel your subscription at least forty-eight (48) hours prior to your next billing date to avoid being billed for the next renewal period. You can cancel your subscription by accessing your account. You may also cancel your subscription by contacting Customer Support by email at email@example.com. Please visit our Contact Us Page for additional contact information.
Payments are non-refundable and all sales are final unless otherwise indicated. When you cancel your subscription for any subscription product, you will have access to the product or service until the end of that subscription period.
From time to time, Bye 9 to 5 may advertise a money-back guarantee or refund in connection with the purchase of a particular product or service. The terms of that guarantee or refund policy will be stated at the time of purchase. Regardless of the specific terms of any advertised money-back guarantee or refund policy, the money-back guarantee or refund policy shall only be available for the stated period. Additionally, customers who elect a refund under any money-back guarantee and then purchase or re-subscribe to the same product or service within a two-year period will not be entitled to any applicable money-back guarantee or refund.
All charges are in U.S. Dollars. By submitting payment information to us, you represent and agree that: (i) you are fully authorized to use that card or account; (ii) all payment information provided is complete and accurate; (iv) you will be responsible for any payment card fees; and (v) that sufficient funds exist to pay us the amount(s) due.
We and our third-party payment service providers may request, and we may receive, updated payment card information from your card issuer, such as updated card numbers and expiration date information when your payment card has expired. If such updated information is provided to us and our third-party payment service providers, we will update your account information accordingly. Your payment card issuer may give you the right to opt-out of providing vendors and third-party payment service providers with your updated credit card information. If you wish to opt-out of your payment card’s updating service, you should contact your payment card issuer.
We are not responsible for any fees or charges that your bank or payment card issuer may apply. If your bank or credit card issuer reverses a charge to your credit card, we may bill you directly and seek payment by another method including a mailed statement.
This section applies to everyone who interacts with our social media presence, including comment sections, feeds, and other elements of social media presence viewable on Facebook, Instagram, YouTube, Pinterest, Twitter, Google+, LinkedIn, or any of the many other available external third-party social media platforms we may use (“Social Media Presence”).
Digital Millennium Copyright Notice
a. DMCA Notice
This Website maintains specific contact information provided below, including an email address, for notifications of claimed infringement regarding materials posted to this Website. All notices should be addressed to the following contact person:
Notification of Claimed Infringement:
Bye 9 to 5 LLC Legal Department
Attn: DMCA/Copyright Agent
530 S. 13th Street, Ste. 100
Lincoln, NE 68508
You may contact our agent for notice of claimed infringement specified above with complaints regarding allegedly infringing posted material and we will investigate those complaints. If the posted material is believed in good faith by us to violate any applicable law, we will remove or disable access to any such material, and we will notify the posting party that the material has been blocked or removed.
In notifying us of alleged copyright infringement, the Digital Millennium Copyright Act requires that you include the following information: (i) description of the copyrighted work that is the subject of claimed infringement; (ii) description of the infringing material and information sufficient to permit us to locate the alleged material; (iii) contact information for you, including your address, telephone number and/or email address; (iv) a statement by you that you have a good faith belief that the material in the manner complained of is not authorized by the copyright owner, or its agent, or by the operation of any law; (v) a statement by you, signed under penalty of perjury, that the information in the notification is accurate and that you have the authority to enforce the copyrights that are claimed to be infringed; and (vi) a physical or electronic signature of the copyright owner or a person authorized to act on the copyright owner’s behalf. Failure to include all of the above-listed information may result in a delay in the processing of your complaint.
b. Intellectual Property Rights, License
The audio and video materials, images, photographs, articles, opinions, and other text, graphics, illustrations, logos, depictions, layouts, compilations, designs, interfaces, digital downloads, software, data compilations and other content associated with the Website (the “Content”) are owned or licensed by and to Bye 9 to 5 or other authorized third parties and are protected by intellectual property, copyright, trademark, trade dress and other laws in the U.S. and in other countries. You must comply with all such laws and applicable copyright, trademark or other legal notices or restrictions. You shall not remove or alter any copyright, trademark, or other legal notices marked on the Content. As between you and Bye 9 to 5, we will retain all right, title, and interest in and to the Website and the Content. No transfer of ownership to any portion of the Content shall be made as a result of any access you are granted. Except as expressly set forth in these Terms of Sale or expressly granted to you in writing by Bye 9 to 5, no rights are granted to you. You agree to abide by any and all additional copyright notices, information or restrictions contained in any part of the Website. The compilation of the Content on the Website is the exclusive property of Bye 9 to 5.
You are only permitted to access and view the Content for personal, non-commercial purposes in accordance with these Terms of Sale, and may not build a business or other enterprise utilizing any of the Content, whether for profit or not. Except as provided in these Terms of Sale or otherwise expressly authorized by us in writing, you may not (either directly or through the use of any software, device, internet site, web-based service or other means) download, stream capture, store in a database, archive or otherwise copy any part of the Website or Content; upload, sell, rent, lease, lend, broadcast, transmit or otherwise disseminate, distribute, display or perform any part of the Website or Content; license or sublicense any part of the Website or Content; or in any way exploit any part of the Website or Content. In addition, except as provided in this Terms of Sale or otherwise expressly authorized by us in writing, you are strictly prohibited from modifying Content; creating, distributing or advertising an index of any significant portion of the Content; or otherwise creating derivative works or materials that otherwise are derived from or based in any way on the Content, including mash-ups and similar videos, montages, translations, desktop themes, fonts, icons, wallpaper, greeting cards, and merchandise. This prohibition from creating derivative works is applicable even if you intend to give away the derivative material free of charge.
The copyright in all materials provided on the Website is owned by Bye 9 to 5 or its affiliate(s). Except as stated herein, none of the material contained in the Website may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording or otherwise, without the prior written consent of Bye 9 to 5. Permission is hereby granted to view, copy, print and download the materials on the Website for personal, noncommercial use only, provided such materials are used solely for informational purposes, and all copies, or portions thereof, include this copyright notice. Bye 9 to 5 may revoke any of the foregoing rights at any time. You may not, without Bye 9 to 5’s prior written consent, "mirror" any material contained on the Website on any other server. Upon termination of any rights extended hereunder, you must immediately destroy any downloaded and printed materials obtained from any Website. Any unauthorized use of any material contained on the Website may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
The trademarks, service marks and logos ("Trademarks") used and displayed on the Website are registered or unregistered Trademarks of Bye 9 to 5. Nothing on the Website shall be construed as granting, by implication, estoppel or otherwise any license or right to use any Trademark displayed on the Website without the prior written consent of the Trademark owner. The name of Bye 9 to 5, or any Trademark may not be used in any way including in any advertising or publicity pertaining to distribution of materials on the Website without the prior written consent of Bye 9 to 5. Bye 9 to 5 prohibits the use of any Bye 9 to 5 logo and Trademark as a "hot" link to any web site unless establishment of such link is approved in advance by Bye 9 to 5 in writing.
DISCLAIMER OF WARRANTIES
EXCEPT WHERE PROHIBITED BY LAW, THIS WEBSITE AND ALL PRODUCTS AND SERVICES PROVIDED 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. WE DO NOT REPRESENT OR WARRANT, AND EXPRESSLY DISCLAIM THAT: (A) OUR PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED THROUGH THE WEBSITE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, OR (B) 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, OR NONINFRINGEMENT OF THIRD-PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
DISCLAIMER OF LIABILITIES
DISPUTE RESOLUTION BY MANDATORY BINDING ARBITRATION AND CLASS ACTION WAIVER
PLEASE READ THIS ARBITRATION AND CLASS ACTION WAIVER PROVISION CAREFULLY. IT REQUIRES YOU TO ARBITRATE DISPUTES WITH BYE 9 TO 5 ON AN INDIVIDUAL BASIS AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.
EXCEPT WHERE PROHIBITED BY LAW, YOU AGREE THAT ANY CLAIM THAT YOU 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 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 YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF (LEAD OR OTHERWISE) OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING OR AS A PRIVATE ATTORNEY GENERAL. 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 ARBITRATION AWARD 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 THE TERMS OF THESE CONDITIONS OF USE AS A COURT WOULD.
Notwithstanding anything to the contrary herein, (a) a representative action for public injunctive relief pursuant to California’s Consumer Legal Remedies Act (Cal. Civ. Code § 1750 et seq.), Unfair Competition Law (Cal. Bus. & Prof. Code § 17200 et seq.) and/or False Advertising Law (Cal. Bus. & Prof. Code § 17500 et seq.) must be arbitrated on a class basis, (b) in the event that the foregoing clause is deemed invalid or unenforceable, a representative action for public injunctive relief pursuant to California’s Consumer Legal Remedies Act (Cal. Civ. Code § 1750 et seq.), Unfair Competition Law (Cal. Bus. & Prof. Code § 17200 et seq.) and/or False Advertising Law (Cal. Bus. & Prof. Code § 17500 et seq.) may be brought in the state or federal courts located in Nebraska on a class basis, and (c) any claims other than for public injunctive relief must be arbitrated on an individual, non-class basis as otherwise set forth in this section.
Notwithstanding the foregoing, and as an exception to final and binding confidential arbitration, you and Bye 9 to 5 both retain the right to pursue, in small claims court, any claim that is within that court’s jurisdiction and proceeds on an individual (non-class) basis, including overdue account matters within the small claims court’s jurisdiction. Bye 9 to 5 will not demand arbitration in connection with any individual claim that you properly file and pursue in a small claims court, so long as the claim is and remains pending in that court.
The following claims shall not be subject to final and binding arbitration and must be adjudicated only in the state or federal courts located in Nebraska: (i) an action by Bye 9 to 5 relating to the infringement or validity of our proprietary rights, including without limitation, trademarks, service marks, trade dress, copyrights, trade secrets, or patents; or (ii) an action by Bye 9 to 5 for temporary, preliminary, or permanent injunctive relief, whether prohibitive or mandatory, or other provisional relief, against you for breach or threatened breach of this Agreement. You expressly agree to refrain from bringing or joining any claims that are excluded from final and binding arbitration pursuant to this subsection “b” in any representative or class-wide capacity, including but not limited to bringing or joining any claims in any class action or any class-wide arbitration. Small claims matters may be filed in any small claims court with personal and subject matter jurisdiction over the parties. For all other matters excluded from final and binding arbitration by this subsection “b,” the parties consent to exclusive jurisdiction and venue in the state and federal courts located in Nebraska, and forever waive any challenge to said courts’ jurisdiction and venue.
Required Pre-Dispute Procedures
Before initiating any Claim against the other, you and we agree to first contact the other with a written description of the dispute, which shall include all relevant documents and information, and the proposed resolution. You may send the written description of any dispute you have with us by certified mail to Bye 9 to 5 LLC, Attn: Legal Department, 530 S. 13th Street, Ste. 100, Lincoln, Nebraska 68508. Bye 9 to 5 will contact you by letter at the billing address you provided to us or at the email address you provided to us. You agree to negotiate with Bye 9 to 5 or its designated representative in good faith about your problem or dispute. If for some reason the dispute is not resolved within 60 days after receipt of the written dispute, we agree to the dispute resolution provisions herein.
You and Bye 9 to 5 agree to commence any arbitration proceeding within one (1) year after the Claim arises (the one-year period includes the required pre-dispute procedures set forth above) and that any arbitration proceeding commenced after one (1) year shall be forever barred.
If the amount in controversy is $500 or less, then the arbitration may be conducted by telephone or by written submissions. Otherwise, the arbitration shall be conducted in Nebraska unless Bye 9 to 5 otherwise agrees to arbitrate in another forum requested by you.
Organization, Rules and the Arbitrator
Payment of all filing, administration and arbitrator fees will be governed by the AAA’s Rules.
Governing Law and Award
The arbitrator shall follow the substantive law of the State of Nebraska 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 FAA. Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
This provision survives termination of your account or relationship with Bye 9 to 5, 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.
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 all Claims must be brought within the 1 year limitation period set forth above. This provision is the entire arbitration agreement between you and Bye 9 to 5 and shall not be modified except in writing by Bye 9 to 5.
Bye 9 to 5 reserves the right to amend this arbitration provision at any time. Your continued use of the Website, purchase of a product or service on or through the Website, or use or attempted use of an Bye 9 to 5 product or service, constitutes your consent to such changes.
YOU UNDERSTAND AND AGREE TO HAVE ANY CLAIMS DECIDED INDIVIDUALLY AND ONLY THROUGH BINDING, FINAL, AND CONFIDENTIAL ARBITRATION. YOU HAVE THE RIGHT TO OPT-OUT OF THIS ARBITRATION PROVISION WITHIN THIRTY (30) DAYS FROM THE DATE THAT YOU PURCHASE, USE, OR ATTEMPT TO USE A PRODUCT OR SERVICE PURCHASED ON OR THROUGH THE WEBSITE (WHICHEVER COMES FIRST) BY WRITING TO US VIA CERTIFIED MAIL AT BYE 9 TO 5 LLC, ATTN: LEGAL DEPARTMENT 530 S. 13th STREET, STE. 100, LINCOLN, NEBRASKA 68508. FOR YOUR OPT-OUT TO BE EFFECTIVE, YOU MUST SUBMIT A SIGNED WRITTEN NOTICE IDENTIFYING ANY PRODUCT OR SERVICE YOU PURCHASED, USED OR ATTEMPTED TO USE WITHIN THE 30 DAYS AND THE DATE YOU FIRST PURCHASED, USED OR ATTEMPTED TO USE THE PRODUCT OR SERVICE. IF MORE THAN THIRTY (30) DAYS HAVE PASSED, YOU ARE NOT ELIGIBLE TO OPT OUT OF THIS PROVISION AND YOU MUST PURSUE YOUR CLAIM THROUGH BINDING ARBITRATION AS SET FORTH IN THIS AGREEMENT.
To the fullest extent permitted by law, you agree to indemnify, defend, and hold harmless Bye 9 to 5, its parent, subsidiaries, predecessors, successors and affiliates, and their respective partners, officers, directors, agents, representatives, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, from and against any and all claims, actions, losses, liabilities, damages, expenses, demands and costs of any kind, including, but not limited to, reasonable attorneys’ fees, arising out of, resulting from, or in any way connected with or related to (1) your breach of these Terms, the documents they incorporate by reference, or the Agreement; (2) your breach of any representations or warranties in this Agreement; or (3) your violation of any law or the rights of a third-party.
Third-Party Websites and Links
Our Website may include materials from third-parties or links to third-party websites. We are not liable for any third-party materials or websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products or services should be directed to the applicable third party.
Testimonials, Reviews, and Other Submissions
Anything that you submit or post to the Website and/or provide us, including without limitation, photographs, testimonials, ideas, know-how, techniques, questions, reviews, comments, testimonials, and suggestions (collectively, “Submissions”) is and will be treated as non-confidential and nonproprietary, and we shall have the right to use, copy, distribute, display, publish, perform, sell, lease, transmit, adapt, and create derivative works from such Submissions by any means and in any form, and to translate, modify, reverse-engineer, disassemble, or decompile such Submissions. You represent and warrant that you are the owner or have sufficient rights to share the Submissions with us. Bye 9 to 5 does not guarantee anyone’s success or that anyone will earn/experience the results that are portrayed on this Website. The testimonials and reviews portrayed on this Website are exceptional results from our most successful users. These testimonials do not represent the generally expected user experience, nor do they guarantee future success.
Furthermore, by using any of the communications tools available as part of our services, you acknowledge and agree that (a) all communications tools constitute public, and not private, means of communication between you and the other party or parties, (b) communications sent to or received from third party service providers or other third parties are not endorsed, sponsored or approved by Bye 9 to 5 in any manner (unless expressly stated otherwise by Bye 9 to 5) and (c) communications are not pre-reviewed, post- reviewed, screened, archived or otherwise monitored by Bye 9 to 5 in any manner, though Bye 9 to 5 reserves the right to do so at any time at its sole discretion in accordance with these Terms. Additionally, through such communication tools, Bye 9 to 5 may make certain types of services available to you. You acknowledge and agree that such services (e.g., chat room services) may be monitored or recorded for quality control purposes and that the information or material provided as part of the services is provided for educational purposes only.
Bye 9 to 5 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. Bye 9 to 5 shall be under no obligation to use any, or any part of, any testimonial or review submitted.
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.
You may not assign any of your rights under these Terms, and any such attempt will be null and void. Bye 9 to 5 and its affiliates may, in their individual discretion, transfer, without further consent or notification, all contractual rights and obligations pursuant to these Terms if some or all of Bye 9 to 5’s business is transferred to another entity by way of merger, sale of its assets or otherwise.
No waiver by Bye 9 to 5 of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure by Bye 9 to 5 to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms. Such determination shall not affect the validity and enforceability of any other remaining provisions.
In the event that we terminate this Agreement, Sections 2-6, 12-17, 20-25, as well as any representations, warranties, and other obligations made or taken by you, shall survive the termination of this Agreement.
These Terms, the Agreement, and any policies or operating rules posted by us on the Website or in respect to the Website constitute the entire agreement and understanding between you and Bye 9 to 5, and supersedes and replaces any prior or contemporaneous agreements. Any ambiguities in the interpretation of these Terms or the Agreement shall not be construed against the drafting party.
Questions or Additional Information
If you have any questions regarding your account, any product or service, or these Terms, please contact our customer support team by phone, mail, or email at the following:
Bye 9 to 5 LLC
530 S. 13th Street, Ste. 100
Lincoln, NE 68508
We respect the privacy of children and “child” means an individual under the age of 13. All information and content on this website is intended for individuals over the age of 18 that reside in the United States. Children under the age of 13 are prohibited from using this website. We do not knowingly collect, use or disclose personal information from children under the age of 13 without prior parental or guardian consent. If you believe personal information is collected from someone under the age of 13 without parental or guardian consent, then please contact us to have that information deleted.
WHAT INFORMATION WE COLLECT AND HOW IT IS USED
When you access the website, you may provide certain personally identifiable information including but not limited to your name, email address, phone number, address, avatar image, credit card information when you make a purchase on the website.
This information is collected when you register on the site, place an order, subscribe to a newsletter, contact us, use the search feature on the website, provide comments or any other feedback, fill out a form or use live chat or enter any other information on the website to communicate with us. From time to time, we may also collect information that you submit when you participate in any online surveys that we may post on our website.
Your personal information is used to personalize your experience, improve the website to better serve you, provide customer service support, efficiently process your requests or transactions, tailor advertisements to you, elicit reviews of services or products, provide you offers, promotions and to follow up with you through correspondence (email, live chat, or phone).
We may also use this information to provide you offers and promotions from our partners and/or our affiliates in exchange for a commission without additional cost to you.
Additionally, like other websites, this website automatically collects certain information about you through Log Data and Google Analytics. Log Data is information about your computer’s Internet Protocol Address, which is your “IP” address, browser information, Internet Service Provider’s information, your operating system, and your browser type. Similarly, Google Analytics collects certain information about your location, browsing history, the pages you visit, equipment you used to access the website, traffic patterns, and other general patterns related to your use of the website.
This information is used to analyze website statistics related to user behavior and interests, improve our performance and your use of the website and to further enhance our products and services offered to you.
COMMENTS AND SOCIAL MEDIA
If you leave a comment, the comment and its metadata are retained indefinitely. This is so we can recognize and approve any follow-up comments automatically instead of holding them in a moderation queue. When you leave a comment, your name, email address and website/organization name is not shared with a third party, and may be used to communicate with you.
Social media accounts and sharing options are available on this website. Social media sites (Facebook, Twitter, YouTube, and so forth) can track your personal information. Should you choose to interact with us on social media, please note that you will be voluntarily disclosing that personal information. This information is no longer private. It becomes public information and can be collected and used by others. We have no control over and take no responsibility for the use, storage or dissemination of such publicly disclosed personal information by you.
Any such interactions via comments and social media with us do not subject us to any kind of liability related to misuse of your information by others.
When you leave a comment on our website, you may opt-in to saving your name, email address and website in cookies. These are for your convenience so that you do not have to fill in your details again when you leave another comment.
If you have an account and you log in to this website, we will set a temporary cookie to determine if your browser accepts cookies. This cookie contains no personal data and is discarded when you close your browser.
This information is only collected to better serve and understand your user experience on the website. You have the option of turning off cookies on your computer should you wish to do so. If you choose to do that, you may not be able to view all features and content of this website.
USE OF WEB BEACONS AND PIXELS
We may use social media pixels to track and collect general information about your use in compliance with different social media sites (Facebook, Twitter, etc) for the purpose of promoting products, tracking conversions, remarketing, running target advertisements and so forth.
Third parties like Facebook may use their own cookies, web beacons and other technologies to collect and receive information from our website for the purpose of providing target advertisements. You may see our ads on Facebook after you have visited our website.
THIRD PARTY LINKS AND USE
We have no control over these third parties and they have their own privacy policies. Neither are we responsible for the activities and practices of these third parties. You should contact them directly and read their privacy policies for any questions. You also agree that your use of these third party websites is solely at your risk.
DISCLOSURE OF YOUR INFORMATION
As a general rule, we do not disclose your personal information to third parties without your consent with the exception of the following circumstances:
We may disclose your information to our trusted third parties that work with us such as our website hosting partners, email marketing service provider, other service providers that assist in the operation of the website, and any other affiliates and subsidiaries we rely upon to provide you products and services offered here.
We may disclose your information in order to comply with state or federal regulations related to copyright infringement lawsuits or any other legal claims related to the website.
We do not envision offering goods or services to individuals living in the European Union as outlined in the General Data Protection Regulation (“GDPR”).
If you are in the European Union and opt in to receive any of our free products or services and/or purchase any products or services through our website then you will be subscribed to receive our free email newsletter once you affirmatively consent to it. Please see Opt Out section below should you wish to “unsubscribe” and not receive any emails from us.
But if you are NOT in the European Union then you will be automatically subscribed to receive our free email newsletter once you opt in to receive any of our free products or services and/or purchase any products or services through our website. Please see Opt Out section below should you wish to “unsubscribe” and not receive any emails from us.
We comply with the CAN-SPAM Act of 2003 and do not spam or send misleading information. Should you wish to no longer receive communication from us, you have the option of unsubscribing by clicking “unsubscribe” in the bottom of the email we send to you or by contacting us.
As for third party websites, please contact them directly to unsubscribe and/or opt out from their communications.
GDPR VISITOR RIGHTS
Under the GDPR, if you are within the European Union, you are entitled to certain rights and information listed below.
We will retain any information you choose to provide to us until the earlier of:
You ask us to delete the information by sending a request to firstname.lastname@example.org. Please note that such requests may result in you no longer being able to access paid or free content previously provided to you.
Our decision to cease using our existing data providers.
The Company decides to no longer be in business or continue to offer the services.
The data is no longer needed to provide you service, is too costly to maintain further retention, or the Company finds it outdated.
You have the right to request access to your data that we store and have the ability to access your personal data.
You have the rights to either rectify or erase your personal data. You have the right to verify the accuracy of your personal data and have it corrected or removed completely.
You have the right to seek restrictions on the processing of your data. When you restrict the processing of your data, we can store your data but cannot process it further.
You have the right to object to the processing of your data in certain circumstances including but not limited to direct marketing, profiling, scientific or historical research purposes, statistical purposes, automated decision making and profiling and tasks based on legitimate interests or in the public interest/exercise of official authority.
You have the right to the portability of your data. You have the right to request your personal data from us, receive it and transfer it to another controller.
You have the right to withdraw consent at any time. If you have provided consent to the Company’s processing of your personal data, you have the right to withdraw that consent any time without affecting the lawfulness of processing based upon consent that occurred prior to your withdrawal of consent.
You have the right to lodge a complaint with a supervisory authority that has jurisdiction over issues related to the General Data Protection Regulation.
We require only the information that is reasonably necessary to enter into a contract with you. We will not require you to provide consent for any unnecessary processing as a condition of entering into a contract with us.
The security of your personal information is important to us, and we strive to follow generally commercial industry standards to protect your personal information submitted to us voluntarily and automatically. However, no method of transmission over the Internet is 100% secure and we cannot guarantee absolute security of your information. When you make a credit card purchase or purchase through any means on the website, you will be directed to a third party vendor to complete the transaction. Any information you provide during the checkout process is not stored on our website but instead provided to the third party vendor that completes the purchase transaction.
By using this website, you agree to hold us harmless for any security breach and for any unauthorized use of your personal information by third parties. You also agree that we cannot be held responsible for any disclosure of your information through our website without our knowledge and consent.