By Intent LLC Terms and Conditions
Last Updated: 22 March 2019
This page describes the Terms and Conditions of By Intent LLC (“By Intent,” “we,” “us,” or “our”).
These Terms and Conditions (“Terms”) apply to your engagement with and usage of:
Elements listed above under (ii), (iii), (iv) such as the products, services, online courses, content and offline engagement (via phone and email) will be referred to as the “Service” in these Terms.
These Terms apply to: visitors to the Website who view only publicly-available content (“Visitors”), users who subscribe to By Intent (“Subscribers”) and purchase (or wish to purchase) a product or service (“Customers”) through our Website and all users of the Website, including without limitation users who are browsers, vendors, merchants, and/ or contributors of content.
Visitors, Subscribers and Customers may collectively be referred to as the “By Intent Community”.
By visiting our Website, Visitors are agreeing to these Terms including those additional terms and conditions and policies referenced herein and/or available by hyperlink, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local and international laws.
By subscribing (providing your name and email for free content and communication messages) with us through our Website, each Subscriber is agreeing to these Terms including those additional terms and conditions and policies referenced herein and/or available by hyperlink, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local and international laws
By purchasing (or aiming or attempting to purchase) a product or service through our Website, each Customer is agreeing to these Terms including those additional terms and conditions and policies referenced herein and/or available by hyperlink, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local and international laws
By providing us information offline (such as by phone and email), you are also agreeing to these Terms including those additional terms and conditions and policies referenced herein and/or available by hyperlink, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local and international laws
Please note that when you follow us, view our content, communicate with us or engage with us in any manner on our social media sites on platforms such as Instagram, Twitter, Pinterest, Facebook, Youtube, Soundcloud and similar, you are agreeing to these Terms and the Terms and Conditions of those respective platforms.
Any new features or tools which are added to the current Website shall also be subject to these Terms.
You acknowledge that these Terms are in electronic form and have the same force and effect as an agreement in writing.
Please read these Terms carefully. You can access these Terms at any time. If you cannot agree with these Terms, please do not use the Website.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
By agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence. You represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction.
Our Website is not directed toward children under the age of 13 and we do not knowingly collect information from children under the age of 13 through our Website. Due to the nature of the Internet, we cannot prohibit minors from visiting the Website. If you believe that a child under the age of 13 has provided information to us through our Website, please contact us. We will do our best to remove all of the information provided by the child from our system.
You agree to transact with us electronically. This means that if you wish to purchase a product or service from By Intent or communicate with By Intent, you agree to do so by electronic means. You authorize us to send you important notices about our Website and any pending transactions to an email address you provide to us. It is your duty to keep your email address up to date and to maintain a valid email address and to ensure that emails we send you are not filtered or stopped by spam filters or other types of email blocking functionalities.
You are responsible for your own access to the Website. You are responsible for obtaining at your own expense all equipment and services needed to access and use the Website, including all devices, Internet browsers and Internet access. If you access the Website through a mobile or wireless device, you are responsible for all fees that your carrier may charge you for data, text messaging and other wireless access or communications services.
You understand that your information (not including credit card or banking information) may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card and banking information is always encrypted during transfer over networks.
You must abide by all applicable local and international laws. Due to the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside. You will comply with all applicable laws in your use of the Website and will not use the Website for any unlawful purpose.
In addition to other prohibitions set forth in the Terms, you are prohibited from using the Website or its contents as follows:
We reserve the right, in our sole and absolute discretion, to deny you access to the Website, or any portion of the Website, without notice, and to remove any content that does not adhere to these Terms.
We reserve the right to refuse service and/or access to anyone for any reason at any time.
The Website, materials contained on our Website and in our products or services are protected by applicable copyright and trademark law.
Our name and logo and all related names, logos, product and service names, service marks, designs and slogans are registered and unregistered trademarks and/or copyrights of By Intent. You must not use such marks without our prior written permission. All other names, logos, product and service names, designs and slogans on our Website are the trademarks of their respective owners. Nothing on the Website should be construed as granting, by implication, or otherwise, any license or right to use the trademarks, without our prior written permission specific for each such use. Use of the trademarks as part of a link to or from any site is prohibited unless establishment of such a link is approved in advance by us in writing. All goodwill generated from the use of By Intent trademarks inures to our benefit.
All individual articles, blogs, videos, content and other elements comprising our Website are also copyrighted works, and we have all rights therein. You must abide by all additional copyright notices or restrictions contained on our Website.
In applicable instances, fictitious names and pictures of people may have been used on the Website, products, services, content and/or online courses and are meant to serve as fictitious representations and any resemblance to actual persons living or dead is purely coincidental.
You may not use our Website and/or Service for any illegal or unauthorized purpose. You may not use our Website and/or Service to violate any laws in your jurisdiction (including but not limited to copyright laws).
You will not upload, post, email, transmit, or otherwise make available any content that infringes any copyright, trademark, right of publicity, or other proprietary rights of any person or entity.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Website, Service or any contact on the Website through which the product or service is provided, without express written permission by us. You agree not to delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from our Website and/or Service.
Visitors may view all publicly-available content for their own personal, non-commercial use. Subscribers may download onto their own machines and view any content provided to them (be it purchased or free content) for their own personal, non-commercial use.
You may not sell, transfer, assign, license, sublicense, modify the content, publicly perform or make a derivative version of the content in any way for any public or commercial purpose.
Users who purchase and register for online courses must abide by the By Intent Terms stipulated on the learning platform.
If you violate any part of these Terms, your permission to access and/or use the content and the Website automatically terminates and you must immediately destroy any copies you have made of the content.
A breach or violation of any of the Terms will result in an immediate termination of your access, account or subscription with By Intent and if necessary and applicable, legal action too.
We are not responsible if information made available on the Website, our Service and other sites such as our social media sites is not accurate, complete or current. The material on the Website and/or Service (and other related social media sites) is provided for general information only and should not be relied upon or used as the sole basis for making any decisions without consulting primary, professional, expert and more accurate, more complete or more timely sources of information. Any reliance on the material on the Website and/or Service (and other related social media sites) is at your own risk.
Occasionally there may be information on our Website, our Service or related sites that contains typographical errors, inaccuracies or omissions that may relate to the content itself, product descriptions, people, pricing, promotions, offers and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the product or service or on any related websites is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service, Website or on any related sites, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Website or on any related sites should be taken to indicate that all information on the Website or on any related social media or other sites has been modified or updated.
The Website may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of the Website and/or Service at any time, but we have no obligation to update any information on our Website and/or Service. You agree that it is your responsibility to monitor changes to our Website and related social media and other sites.
We reserve the right, but are not obligated, to limit the sales of our products, services and/or courses to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products, services and/or courses that we offer.
We do not warrant that the quality of our Website, Service or any other material either purchased or obtained from By Intent will meet your expectations, or that any errors, omissions or inaccuracies will be corrected.
Prices for our products, services and/or courses are subject to change without notice. All descriptions of products, service, courses and pricing are subject to change at anytime without notice, at our sole discretion.
We reserve the right at any time to modify or discontinue the Website (or any part or content thereof) and/or our Service (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, price change, suspension or discontinuance of our Service (or any part or content thereof) and/or the Website (or any part or content thereof).
We do not offer refunds for consulting services. As a general rule, you may cancel a consulting session anytime until 24 hours before a session start time and you will not be billed. If you cancel a session within a 24 hour period before the session start time, you will be billed 50% of the full consulting session fee.
Please note that arrangements and agreements for consulting services may differ and depend on the contract signed between you and By Intent, please refer to such contract/s for the accurate and final guidelines regarding refunds for consulting services.
We do not offer refunds for online courses offered through Teachable, on our Website and any other learning platforms. Please refer to the Terms for the specific course for further details.
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
As consideration for any purchase you make through the Website or for/through our Service you shall pay By Intent all applicable fees and taxes. We (or our third-party payment processor/s) shall authorize your credit card, bank account, or other approved payment facility you provided during the registration process for the full payment of the fees and any applicable taxes, and you hereby consent to the same. In certain instances, the issuer of your credit card may charge you a transaction fee, a foreign transaction fee or related charges, which you will be responsible to pay. You are advised to check with your bank and credit card issuer for details.
You agree to provide current, complete and accurate purchase, billing, credit card and account information for all purchases made on our Website and for our consulting services paid for through PayPal or Zelle. You agree to promptly update your account and other information if and when there are any changes, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
You must promptly contact us if your credit card is lost or stolen, or if you become aware of a potential breach of account security (such as an unauthorized disclosure or use of your username/sign-in name or password on Teachable).
You hereby authorize By Intent (or our third-party payment processor/s) to obtain or determine updated or replacement expiration dates for your credit card in the event that the credit card you provided us expires. We reserve the right to charge any renewal card issued to you to the same extent as the expired card.
If payment is not received from your credit card issuer, you hereby agree to pay all amounts due upon demand. You agree to pay all costs of collection, including attorney’s fees and costs, on any outstanding balance.
Our Service and/or Website may include materials, tools or resources from third-parties. Third-party links on our Website and/or in our Service may direct you to third-party websites that are not affiliated with us. Third-party links are provided solely as a convenience to you and not as an endorsement by us of the content on such links. Resources and links provided to third-party products, services, processes or other information are purely informational and do not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation with us.
By Intent does not control, monitor or guarantee the information contained in external websites that are linked to from our Website and/or Service, and does not endorse any views expressed or products or services offered therein. You acknowledge and agree that we provide access to such sites and tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
You should take precautions when downloading files from all websites to protect your computer from viruses and other destructive programs. If you decide to access linked third-party sites and tools, you do so at your own risk and at your own discretion. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party 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 should be directed to the third-party. We shall have no liability whatsoever arising from or relating to your use of optional third-party sites and tools.
The Website allows you to post comments, provide recommendations and email us using a contact form. You expressly acknowledge and agree that once you submit your comments and recommendations for inclusion into the Website and/or Service, it will be accessible by others, and that there is no confidentiality or privacy with respect to such information, including, without limitation, any personally identifying information that you may make available. You are entirely responsible for all your comments, recommendations and other content that you post, upload, email or otherwise transmit via the Website and/or our Service. Although we encourage you to email us, we do not want you to, and you should not, email us any content that contains confidential information.
With respect to all emails and communications whether online, by email, through and on the Website, by postal mail, on social media or otherwise, you send to us, including, but not limited to, feedback, questions, contest entries, survey responses, comments, suggestions, proposals, plans, creative ideas and the like, we shall be free to use, at any time, without restriction, any ideas, concepts, know-how, or techniques contained in your communications for any purpose whatsoever, including but not limited to, the development, production, and marketing of products and services that incorporate such information without notification, compensation or attribution to you. You hereby grant us a non-exclusive, royalty-free, freely sublicensable, perpetual license to modify, compile, combine with other content, copy, record, synchronize, transmit, translate, format, distribute, publicly display, publicly perform, and otherwise use or exploit (including for profit) your comments, recommendations, suggestions, feedback, questions and the like in any form and on any platform be it on our Website, printed materials of By Intent, our social media accounts or any medium and location of our choosing. You also grant us the right, but not the obligation, to use such information, with your username, name, likeness, and photograph in connection with any use of the related information to advertise and promote the Website, By Intent, and our products and services, as well as for other commercial purposes, including for profit.
We are and shall be under no obligation to maintain any comments, recommendations, suggestions, feedback, questions and the like in confidence, to pay compensation for them or to respond back to you.
You agree that your comments and communication messages in any form and on any medium, will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments and communication messages will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Website or any related websites. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments or communication messages. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion as unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms.
We do not guarantee, represent or warrant that your use of our Website and/or Service will be uninterrupted, timely, secure or error-free. There may delays, omissions, or inaccuracies in our content. Accordingly such content is for your reference only and should not be relied upon by you for any purpose.
We reserve the right to make changes, corrections and/or improvements to the Website and/or Service at any time without notice. You agree that from time to time we may remove the Website and/or Service for indefinite periods of time or permanently cancel the Website or Service at any time, without notice to you.
We do not warrant that the results that you may or may not obtain from the use of the Website and/or Service will be accurate or reliable. We make no representations that our Website and/or Service will meet your requirements or the results that you may or may not gain from your use of the Website and/or Service.
You expressly agree that your use of, or inability to use, the Website and/or Service is at your sole risk. The Website and/or Service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including that the Website and/or Service will operate error-free or that the Website, servers or the Service are free of computer viruses or other contamination and also including all implied warranties or conditions of quality.
In no case shall By Intent, our members, directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, licensees or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Website and/or Service procured using the Website, or for any other claim related in any way to your use of the Website and/or Service, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Website, Service or any content (or product) posted, transmitted, or otherwise made available via the Website or through the Service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
Our Website and all the information contained within, and our Service are based on our personal experience, which we are sharing for educational and informational purposes only. By Intent assumes no responsibility or liability for any consequence resulting directly or indirectly from any action or inaction you take based on the information found on or material linked to on this Website and/or our Service. The opinions are not necessarily the views of By Intent.
As with any business, your results may vary, and will be based on your individual capacity, personal resources and level of desire. There are no guarantees concerning the level of success you may experience. The testimonials and examples used are exceptional results, which do not apply to the average purchaser, and are not intended to represent or guarantee that anyone will achieve the same or similar results. We cannot guarantee your future results and/or success. We are not responsible for your actions. The use of our information, products and services should be based on your own due diligence and you agree that By Intent is not liable for any success or failure you experience that is directly or indirectly related to the purchase and use of our information, products and services reviewed, provided or advertised on this Website.
You recognize and agree that we have made no implications, warranties, promises, suggestions, projections, representations or guarantees whatsoever to you about future prospects, and that we have not authorized any such projection, promise, or representation by others.
By Intent, its products, including our online courses, and the presenters of these online courses are not accredited or evaluated by any governmental, academic or other independent body. The completion of any By Intent online course does not convey academic credit, and cannot be recognized or transferred to academic educational institutions. Completion of a By Intent course and any certificate or other evidence thereof provided by us may not be recognized by third-parties, including employers, governmental bodies and educational institutions, as imparting upon the participant any particular qualification, skill-set or knowledge to practice or perform any particular task or profession, and By Intent makes no representations or warranties to that effect.
Our Website and/or Service include information and guidance relating to wellness topics, such as nutrition fitness, relationships, stress, anxiety and personal development and you acknowledge and agree that the following warnings and disclaimers shall apply to all aspects of our Service and the Website.
If you have any concerns around your mental, emotional or physical health – please consult a professional prior to using our Website and/or our Service.
Any claim against us shall be limited to the amount you paid, if any, for access to and use of the applicable product, service and/or online course from us during the three (3) months immediately preceding the events giving rise to the claim. Some states do not allow the exclusion or limitation of liability of consequential or incidental damages, so the above exclusions may not apply to all users; in such states liability is limited to the fullest extent permitted by law.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to our Website, your use of our Website, our Service and/or your access to and use of the online courses or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
You agree to indemnify, defend and hold harmless By Intent and our subsidiaries, affiliates, partners, members, officers, directors, agents, contractors, licensors, licensees, successors, service providers, subcontractors, suppliers, interns and employees, harmless from any losses, expenses, damages, liabilities, claims, actions or demands, including without limitation, reasonable legal fees, made by any third-party due to or arising out of your breach of these Terms or the documents they incorporate by reference, or your misuse of our content or Website, or your violation of any law or the rights of a third-party.
We reserve the right to assume the exclusive defense and control (at your expense) of any matter that is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting our defense of such matter.
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.
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms are effective unless and until terminated by either you or us. You may terminate these Terms at any time by ceasing use of our Website and all content contained within, and our Service.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Website and/or Service (or any part thereof).
We reserve the right, in our sole discretion, to restrict, suspend, or terminate this agreement and your access to all or any part of the Website and/or our Service, at any time and for any reason without prior notice or liability.
The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
These Terms and any policies or operating rules posted by us on the Website or in respect to our Service constitutes the entire agreement and understanding between you and us and govern your use of the Website and your use of our Service superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms).
Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.
These Terms and any separate agreements whereby we provide you with our products, services, content and/or online courses shall be governed by and construed in accordance with the laws of the State of California without regard to its conflict of laws provisions.
The Website is based in the United States. We make no claims concerning whether the content contained within may be downloaded, viewed, or be appropriate for use outside of the United States. If you access the Website or the content contained within from outside of the United States, you do so at your own risk. Whether inside or outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.
You can review the most current version of the Terms at any time on this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms 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 and/or our Service following the posting of any changes to these Terms constitutes acceptance of those changes.
You may contact us using this form for any questions.