Terms of Use

Welcome to buildcareersuccess.com,

Build Career Success, LCC (“BCS,” “we,” or “us”) operates an online design platform and media licensing service that empowers our Members, members, artists, designers, photographers, and others to design and collaborate. We provide ready-made media and content that is licensable for use in accordance with our various licenses.

This page explains the terms by which you may use our online and/or mobile services including our website, Design Lab, ToolBox, and software provided on or in connection with our website. By accessing or using our website, you agree to be bound by this Terms of Use Agreement (“Agreement”) and to the collection and use of your information as set forth in our Privacy Policy, whether or not you are a registered Member of our Service. This Agreement applies to all visitors, Members, members, contributors and others who access our website (“Members”). This Agreement hereby incorporates the terms of the following additional documents, including all future amendments or modifications thereto:

Here are the terms that you agree to when using BuildCareerSuccess.com.

Please read this agreement carefully to ensure that you understand each provision.

  1. Use of Our Service

Eligibility. You may use our website only if you can form a binding contract with Build Career success, and only in compliance with this Agreement and all applicable local, state, national, and international laws, rules, and regulations. You must be 13 years old or older to use or access our website, unless you are under 13 years old and your use of our Website is directly supervised by your parent or guardian or another authorized adult (e.g., a teacher) who agrees to be bound by this Agreement. Any use or access to our website by anyone under 13 who is not directly supervised by an adult is strictly prohibited and in violation of this Agreement. Our Website may not be available to any Members previously removed from our website by BCS. By using our website, you represent and warrant that you have the full right, power and authority to enter into this Agreement and to fully perform all of your obligations hereunder. You further represent and warrant that you are under no legal disability or contractual restriction that prevents you from entering into this Agreement.

Use of our website including our Design Lab & ToolBox is subject to the terms and conditions of this Agreement, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable license to use our website and as permitted by the features of our website. BCS reserves all rights not expressly granted herein to use content on our website (as defined below). BCS may terminate this license at any time for any reason or no reason.

Additional terms may apply for any content that you download from, upload to, or print from our website. Any such additional terms will be made available to you prior to initiating any applicable uploads, downloads or prints.

  1. BCS Membership

Your BCS Membership gives you access to our Design Lab, ToolBox, and functionality that we may establish and maintain from time to time and in our sole discretion. We may maintain different types of accounts for different types of Members. If you open a BCS Membership on behalf of a company, organization, or other entity, then (a) “you” includes you and that entity, and (b) you represent and warrant that you are an authorized representative of the entity with the authority to bind the entity to this Agreement, and that you agree to this Agreement on the entity’s behalf. By connecting to BCS with a third-party service, you give us permission to access and use your information from that service as permitted by that service, and to store your log-in credentials for that service.

You may never use another Members account without permission. When creating your Membership, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your Membership, and you must keep your Membership password secure. We encourage you to use “strong” passwords (passwords that use a combination of upper- and lower-case letters, numbers and symbols) with your Membership. You may not allow any other party to access or use our Website with your unique Membername, password, or other security code. You must notify BCS immediately of any breach of security or unauthorized use of your Membership. BCS will not be liable for any losses caused by any unauthorized use of your Membership.

By providing BCS your email address you consent to our using the email address to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other messages, such as changes to features of our Website and special offers. If you do not want to receive such email messages, you may opt out or change your preferences in your settings page. Opting out may prevent you from receiving email messages regarding updates, improvements, or offers.

BCS Membernames are provided on a first-come, first-served basis and may not be offered for sale, sold, bought, solicited, or inactively held for future use. Inactive accounts may be renamed at any time without notification.

  1. Service Rules

3.1 General

You agree not to engage in any of the following prohibited activities: (i) copying, distributing, or disclosing any part of our website in any medium, including without limitation by any automated or non-automated “scraping”; (ii) using any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access our website in a manner that sends more request messages to the BCS servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser; (iii) transmitting spam, chain letters, or other unsolicited email; (iv) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running our website; (v) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (vi) uploading invalid data, viruses, worms, or other software agents through our website; (vii) collecting or harvesting any personally identifiable information, including account names, from our website; (viii) using our website for any commercial solicitation purposes; (ix) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (x) interfering with the proper working of our Website; (xi) accessing any content on our Website through any technology or means other than those provided or authorized by our Website; (xii) bypassing the measures we may use to prevent or restrict access to our Website, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of our Website or the content therein; (xiii) using any BCS Content (as defined below), including any BCS trademarks, in any manner that might tarnish, disparage, or reflect adversely on such BCS Content; (xiv) using our Website or any BCS Content (as defined) to support, incite or promote discrimination, hostility or violence; (xv) using any BCS trademark or any variant thereof including misspellings as a domain name or as part of a domain name, as a metatag, keyword, or any other type of programming code or data; (xvi) adopting or using, without our prior written consent, any word or mark which is similar to or likely to be confused with BCS trademarks; (xvii) copying, imitating or using, in whole or in part, the look and feel of our Website (including but not limited to all page headers, custom graphics, button icons, and scripts) without the prior written consent of BCS; (xviii) using any BCS Content to link to the BCS website without the prior written consent of BCS; or (xviv) framing or hotlinking to our Website or any content other than your own without the prior written consent of BCS.

Accessing the audiovisual content available on our Website for any purpose or in any manner other than Streaming (as defined below) is expressly prohibited. “Streaming” means a contemporaneous digital transmission of an audiovisual work via the Internet from the BCS Service to a Member’s device in such a manner that the data is intended for real-time viewing and not intended to be copied, stored, permanently downloaded, or redistributed by the Member.

We may, without prior notice, change our Website; stop providing our Website or features of our Website, to you or to Members generally; or create usage limits for our Website. We may permanently or temporarily terminate or suspend your access to our Website without notice and liability for any reason, including if in our sole determination you violate any provision of this Agreement, or for no reason. Upon termination for any reason or no reason, you continue to be bound by this Agreement. If your account is terminated for any reason, you must obtain written authorization from BCS prior to establishing another account. If you attempt to establish another account without obtaining such authorization, BCS may permanently ban you from our Website. You may not have more than one active account at any time without the written consent of BCS in each instance. If such consent is granted, you may not submit identical Stock Media (as defined below) to more than one account.

You are solely responsible for your interactions with other BCS Members. We reserve the right, but have no obligation, to monitor disputes between you and other Members. BCS shall have no liability for your interactions with other Member, or for any Member’s action or inaction.

3.2 Anti-discrimination

BCS does not support and will not tolerate our website being used to discriminate against others, especially when based on race, religion, sex, sexual orientation, age, disability, ancestry or national origin. You are not permitted to use our Website in a manner which would or would likely incite, promote or support such discrimination and you must not use our Website to incite or promote hostility or violence. If we believe in our sole determination that your use of our Website is being used to discriminate, especially if based on race, religion, sex, sexual orientation, age, disability, ancestry or national origin, we may permanently or temporarily terminate or suspend your access to our Website without notice and liability for any reason.

  1. Member Content

4.1 General

Some areas of our Website allow Members to submit and publish content such as profile information, comments, questions, photographs, illustrations, fonts, designs, and other content or information. You retain ownership of your Member Content, and you understand that if you post Member Content under a Brand, the Brand Owner will own—and be entirely responsible for—all such Member Content. For the avoidance of doubt, Member Content does not include Stock Media (which is covered in our Contributor Agreement).

4.2 Uploading and Publishing Member Content to BCS.

You agree not to submit or use Member Content that: (i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal; (ii) may create a risk of any other loss or damage to any person or property; (iii) seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise; (iv) may constitute or contribute to a crime or tort; (v) contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, hostile, violent, or that which provokes violence or hostility, profane, or otherwise objectionable; (vi) contains any information which discriminates against others based on race, religion, sex, sexual orientation, age, disability, ancestry or national origin; (vii) contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party’s trade secrets); (viii) contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; or (ix) contains any information or content that you know is not correct and current. You agree that any Member Content does not and will not violate third-party rights of any kind, including without limitation any Intellectual Property Rights (as defined below) or rights of privacy or publicity. BCS reserves the right, but is not obligated, to reject and/or remove any Member Content that BCS believes, in its sole discretion, violates these provisions. You understand that publishing your Member Content on or via our Website is not a substitute for registering it with the U.S. Copyright Office, the Writer’s Guild of America, or any other rights organization. Further, you understand that if you contribute Member Content under a Brand, the Brand Owner will own—and be entirely responsible for—all such Member Content.

For the purposes of this Agreement, “Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.

In connection with your Member Content, you affirm, represent and warrant the following:

  1. Your Member Content and BCS’s use thereof as contemplated by this Agreement and our Website will not violate any law or infringe any rights of any third party, including but not limited to any Intellectual Property Rights and privacy and publicity rights.
  2. BCS may exercise the rights to your Member Content granted under this Agreement without liability for payment of any guild fees, residuals, payments, fees, or royalties payable under any collective bargaining agreement or otherwise.
  3. There is no suit action or claim or other legal or administrative proceeding now pending or threatened which might directly or indirectly affect any of your Member Content or which might in any way impair the rights granted by you hereunder.
  4. If your Member Content contains or incorporates in any manner any components including but not limited to design elements, fonts, clipart, sprites, vectors or brush tools and the like that are included in design programs, by uploading any such Member Content to BCS, you represent and warrant that the end Member license agreement, terms of service or the equivalent license agreed to by you allows you to incorporate such elements in the Member Content created by you, and to license such Member Content to BCS for the purposes set forth herein.
  5. Your Member Content is neither obscene, defamatory, or otherwise objectionable.
  6. To the best of your knowledge, all your Member Content and other information that you provide to us is truthful and accurate.
  7. You will not transmit unsolicited emails or engage in spamming to publicize or promote your relationship with BCS.
  8. If you use our Website to post, publish or print Member Content, you agree that you have verified that the Member Content does not contain anything that is illegal, infringes (or is otherwise deceptively similar to) any third-party’s Intellectual Property Rights, or otherwise breaches these terms.
  9. You will not engage in pay per click advertising using keywords which compete with BCS’s own campaigns in order to promote your relationship with BCS nor will you use or engage a third party on your behalf to use BCS in any domain name.

Upon making or learning of any claim that is inconsistent with any of the representations or warranties made by you, BCS shall send you written notice of such claim, using the email address provided by you to BCS, specifying the details of the claim as then known to BCS. Pending the determination of such claim, BCS may withhold from royalties and/or other compensation due to you hereunder, such sums as are reasonably related to the probable value of the claim as determined by BCS.

  1. Member Content License Grant

By publishing any designs containing Member Content using our Website, you expressly grant, and you represent and warrant that you have all rights necessary to grant to BCS a multi-use, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, syndicate, publicly perform, publicly display, and make derivative works of all such Member Content and your name, voice, and/or likeness as contained in your Member Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with our Website and BCS’s (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of our Website (and derivative works thereof) in any media formats and through any media channels. For the avoidance of doubt, Member Content does not include Stock Media. Stock Media is licensed to BCS in accordance with the terms of the Contributor Agreement.

When you publish designs with Member Content, you’re granting us the rights necessary to host them in public view. These rights are only required when you publish Member Content on the platform, not for designs that you only download and publish elsewhere.

  1. Our Proprietary Rights

Except for your Member Content, our Website and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, Member Content belonging to other Members, and Stock Media belonging to other Members (the “BCS Content”), and all Intellectual Property Rights related thereto, are the exclusive property of BCS and its licensors (including other Members who post Member Content or contribute Stock Media (as defined below) to our Website). Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any BCS Content. Use of the BCS Content for any purpose not expressly permitted by this Agreement is strictly prohibited.

  1. Stock Media Licenses

7.1 General

Our Website provides certain functionality that allows you to create visual designs (“BCS Designs”). BCS Designs can be downloaded/exported from our Website in a range of formats, including without limitation PDF, JPEG, or PNG. You may create BCS Designs using only your own Member Content or content provided by us on our website.

7.2 Unsplash Reasonable Use Policy.

BCS respects the intellectual property rights of its contributors and expects its Members to do the same. Your use of Unsplash content is subject to this reasonable use policy, which has been created to ensure that Unsplash is fair for both subscribers and contributors.

The following is not permitted in connection with Unsplash:

  • using any automated or non-automated scraping process (including bots, scrapers, and spiders) in conjunction with Unsplash;
  • downloading or otherwise accessing content from Unsplash at a rate that exceeds what a human can reasonably produce using manual means and a conventional on-line web browser;
  • providing your password to any other person or using any other person’s Membername and password to access Unsplash;
  • conducting multiple concurrent sessions using a single Membername and password and downloading images concurrently;
  • abusing Unsplash, such as by stockpiling, aggregating, warehousing or hoarding content from Unsplash, in excess of what is reasonably needed or required for legitimate business or personal purposes. BCS may investigate any account that registers over 250 downloads in a single 30-day period to determine compliance with this requirement.

If BCS determines that you are in breach of this policy, BCS’s terms of use, we may temporarily or permanently suspend or terminate your Membership account. This action is entirely at BCS’s discretion and no correspondence will be entered into.

  1. Feedback

You may choose to, or we may invite you to submit comments or ideas about our Website, including without limitation about how to improve our Website or our products (“Ideas”). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place BCS under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, BCS does not waive any rights to use similar or related ideas previously known to BCS, or developed by its employees, or obtained from sources other than you.

  1. Paid Services

9.1 Billing Policies

Certain aspects of our Website may be provided for a fee or other charge. If you elect to use paid aspects of our Website, you agree to the pricing and payment listed on our Website which we may update from time to time. BCS may add new services for additional fees and charges, or amend fees and charges for existing services, at any time in its sole discretion.

9.2 No Refunds

You may cancel your BCS account at any time; however, there are no refunds for cancellation. In the event that BCS suspends or terminates your account or this Agreement, you understand and agree that you shall receive no refund or exchange for any credits, any unused time on a subscription, any license or subscription fees for any portion of our Website, any content or data associated with your account, or for anything else.

9.3 Payment Information; Taxes

All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with our Website must be accurate, complete, and current. You agree to pay all charges incurred by Members of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with our Website at the prices in effect when such charges are incurred. You will pay any applicable taxes, if any, relating to any such purchases, licenses, royalties, transactions, or other monetary transaction interactions.

  1. BCS Property

Certain aspects of our Website may allow you to obtain certain reputational or status indicators (“BCS Property”). You understand and agree that regardless of terminology used, BCS Property represents a limited license right governed solely by the terms of this Agreement and available for distribution at BCS’s sole discretion. BCS Property is not redeemable for any sum of money or monetary value from BCS at any time. You acknowledge that you do not own the account you use to access our Website, nor do you possess any rights of access or rights to data stored by or on behalf of BCS on BCS servers, including without limitation any data representing or embodying any or all of your BCS Property. You agree that BCS has the absolute right to manage, regulate, control, modify and/or eliminate BCS Property as it sees fit in its sole discretion, in any general or specific case, and that BCS will have no liability to you based on its exercise of such right. All data on BCS’s servers are subject to deletion, alteration or transfer.

Notwithstanding any value attributed to such data by you or any third party, you understand and agree that any data, account history and account content residing on BCS’s servers, may be deleted, altered, moved or transferred at any time for any reason in BCS’s sole discretion, with or without notice and with no liability of any kind. BCS does not provide or guarantee, and expressly disclaims, any value, cash or otherwise, attributed to any data residing on BCS’s servers.

  1. Privacy

We care about the privacy of our Members. You understand that by using our Websites you consent to the collection, use and disclosure of your personally identifiable information and aggregate data as set forth in our Privacy Policy and to have your personal information collected, used, transferred to and processed in the United States.

  1. Security

BCS cares about the integrity and security of your personal information. However, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.

  1. DMCA Notice

Since we respect artist and content owner rights, it is BCS’s policy to respond to alleged infringement notices that comply with the Digital Millennium Copyright Act of 1998 (“DMCA”).

If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via our Website, please notify BCS’s copyright agent as set forth in the DMCA. For your complaint to be valid under the DMCA, you must provide the following information in writing:

  1. An electronic or physical signature of a person authorized to act on behalf of the copyright owner;
  2. Identification of the copyrighted work that you claim has been infringed;
  3. Identification of the material that is claimed to be infringing and where it is located on our Website;
  4. Information reasonably sufficient to permit BCS to contact you, such as your address, telephone number, and, e-mail address;
  5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and
  6. A statement made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.

UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS’ FEES.

Please note that this procedure is exclusively for notifying BCS and its affiliates that your copyrighted material has been infringed. The preceding requirements are intended to comply with BCS’s rights and obligations under the DMCA, including 17 U.S.C. §512(c), but do not constitute legal advice. It may be advisable to contact an attorney regarding your rights and obligations under the DMCA and other applicable laws.

  1. Third-Party Links

Our Website may contain links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by BCS. BCS does not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access a third-party website from our Website, you do so at your own risk, and you understand that this Agreement and BCS’s Privacy Policy do not apply to your use of such sites. You expressly relieve BCS from any and all liability arising from your use of any third-party website, service, or content. Additionally, your dealings with or participation in promotions of advertisers found on our Website, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such advertisers. You agree that BCS shall not be responsible for any loss or damage of any sort relating to your dealings with such advertisers.

  1. Indemnity

You agree to defend, indemnify and hold harmless BCS and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to our Website, including any data or content transmitted or received by you; (ii) your violation of any term of this Agreement, including without limitation your breach of any of the representations and warranties above; (iii) your violation of any third-party right, including without limitation any right of privacy, publicity, or Intellectual Property Rights; (iv) your violation of any applicable law, rule, or regulation; (v) any claim or damages that arise as a result of any of your Member Content, your Stock Media, or any content that is submitted via your account; or (vi) any other party’s access and use of our Website with your unique Membername, password, or other appropriate security code.

  1. No Warranty

Our Website is provided on an “as is” and “as available” basis. Use of our Website is at your own risk. To the maximum extent permitted by applicable law, our Website is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Without limiting the foregoing, BCS, its subsidiaries, and its licensors do not warrant that the content, including without limitation Member Content and Stock Media, is accurate, reliable or correct; that our Website will meet your requirements; that our Website will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that our Website is free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of our Website is downloaded at your own risk and you will be solely responsible for any damage to your computer system or mobile device or loss of data that results from such download or your use of our Website.

  1. Limitation of Liability

To the maximum extent permitted by applicable law, in no event shall BCS, its affiliates, agents, directors, employees, suppliers or licensors be liable for any direct, indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data or other intangible losses, that result from the use of, or inability to use, this service, including without limitation, your submission of Member Content or Stock Media. Under no circumstances will BCS be responsible for any damage, loss or injury resulting from hacking, tampering or other unauthorized access or use of our Website or your account or the information contained therein.

To the maximum extent permitted by applicable law, BCS assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of our service; (iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein; (iv) any interruption or cessation of transmission to or from our Website; (v) any bugs, viruses, trojan horses, or the like that may be transmitted to or through our service by any third party; (vi) any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through our Website; and/or (vii) Member content or the defamatory, offensive, or illegal conduct of any third party. In no event shall BCS, its affiliates, agents, directors, employees, suppliers, or licensors be liable to you for any claims, proceedings, liabilities, obligations, damages, losses or costs in an amount exceeding the amount you paid to BCS hereunder or $100.00, whichever is greater.

No action, regardless of form or nature, arising out of this agreement may be brought by or on behalf of you more than one (1) year after the cause of action first arose.

Notwithstanding anything to the contrary contained herein, BCS shall not be liable for any damages, costs or losses arising as a result of modifications made to Member Content, Stock Media, or other content, any additions or combinations of Member Content or Stock Media with other content, or the context in which the Member Content, Stock Media, or other content is used by you.

This limitation of liability section applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if BCS has been advised of the possibility of such damage. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.

Some states do not allow the exclusion of implied warranties or the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you. This agreement gives you specific legal rights, and you may also have other rights which vary from state to state. The disclaimers, exclusions, and limitations of liability under this agreement will not apply to the extent prohibited by applicable law.

Our Website is controlled and operated from its facilities in the United States. BCS makes no representations that our Website is appropriate or available for use in other locations. Those who access or use our Website from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable United States and local laws and regulations, including but not limited to export and import regulations. You may not use our Website if you are a resident of a country embargoed by the United States, or are a foreign person or entity blocked or denied by the United States government. Unless otherwise explicitly stated, all materials found on our Website are solely directed to individuals, companies, or other entities located in the United States.

  1. Arbitration.

For any dispute with BCS, you agree to first contact us and attempt to resolve the dispute with us informally. In the unlikely event that BCS has not been able to resolve a dispute it has with you after attempting to do so informally, we each agree to resolve any claim, dispute, or controversy (excluding any BCS claims for injunctive or other equitable relief) arising out of or in connection with or relating to this Agreement, or the breach or alleged breach thereof (collectively, “Claims”), by binding arbitration by the American Arbitration Association (“AAA”) under the Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes then in effect for the AAA, except as provided herein. The arbitration will be conducted in New Hampshire, unless you and BCS agree otherwise. Each party will be responsible for paying any AAA filing, administrative and arbitrator fees in accordance with AAA rules. The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall prevent either party from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of that party’s data security, Intellectual Property Rights, or other proprietary rights. All claims must be brought in the parties’ individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding, and, unless we agree otherwise, the arbitrator may not consolidate more than one person’s claims. You agree that, by entering into this agreement, you and BCS are each waiving the right to a trial by jury or to participate in a class action.

  1. General

This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by BCS without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.

  1. Notification Procedures and Changes to the Agreement.

BCS may provide notifications, whether such notifications are required by law or are for marketing or other business-related purposes, to you via email notice, written or hard copy notice, or through posting of such notice on our website, as determined by BCS in our sole discretion. BCS reserves the right to determine the form and means of providing notifications to our Members, provided that you may opt out of certain means of notification as described in this Agreement. BCS is not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us. BCS may, in its sole discretion, modify or update this Agreement from time to time, and so you should review this page periodically. When we change the Agreement in a material manner, we will update the ‘last modified’ date at the top of this page. Your continued use of our Website after any such change constitutes your acceptance of the new Terms of Use. If you do not agree to any of these terms or any future Terms of Use, do not use or access (or continue to access) our Website.

20.1 No Waiver.

No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and BCS’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.

20.2 Contact.

Please contact us at admin@buildcareersuccess.com with any questions regarding this Agreement.