Effective Date: March 31, 2025
Welcome to Build5Nines LLC (“Build5Nines”, “Company”, “we”, “our”, “us”). By accessing or using our websites and subdomains, and our services, including but not limited to membership subscriptions to courses, members-only forums, email newsletters, mobile app, and blog articles, you agree to comply with and be bound by the following Terms of Use. Please read them carefully.
1. Acceptance of Terms
By accessing and using our website and services, you accept and agree to be bound by these Terms of Use and our Privacy Policy. If you do not agree to these terms, you should not use our website or services.
2. Use of Services
You agree to use our website and services only for lawful purposes and in accordance with these Terms of Use. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer.
3. Membership and Subscriptions
- Eligibility: Membership and subscriptions are available to individuals who are at least 13 years old. By subscribing, you represent and warrant that you meet this age requirement.
- Payment: Payments for subscriptions are processed through Stripe. By subscribing, you agree to provide accurate payment information and authorize us to charge the subscription fee to your payment method.
- Cancellation: You may cancel your subscription at any time. Cancellations will take effect at the end of the current billing period.
- Account Sharing: Membership accounts are for individual use only. Subscribers are not permitted to share their account credentials with any other person. Any violation of this policy may result in the termination of the account without refund.
- Content Violations: We reserve the right to terminate accounts without refund if users violate our content terms, including posting unlawful, defamatory, obscene, or otherwise objectionable content.
4. Mentoring and Member Assistance Limitations
Build5Nines offers mentoring, guidance, and assistance to paying members through forums, mentoring sessions, 1:1 email, and other related avenues (“Mentoring Services”). These Mentoring Services are intended to provide general guidance, support, and advice at Build5Nines’ sole discretion and do not constitute an unlimited consulting, training, or advisory agreement. Build5Nines reserves the exclusive right to determine the scope and extent of Mentoring Services provided to each member.
If, in Build5Nines’ sole judgment, additional assistance requested by a member exceeds what is reasonably included under the Mentoring Services, Build5Nines may recommend or require a separate consulting or service agreement to continue providing assistance. Build5Nines also reserves the right to decline to provide additional assistance beyond the Mentoring Services without entering into such an agreement.
5. Content
- Author and/or User Content: You are responsible for any content you post on our website, including but not limited to forum posts and comments on blog articles. You grant us a non-exclusive, royalty-free license to use, reproduce, and distribute your content.
- Prohibited Content: You agree not to post content that is unlawful, defamatory, obscene, or otherwise objectionable. We reserve the right to remove any content that violates these terms and terminate accounts without refund for such violations.
We reserve the right in our sole discretion to edit or delete any content on our website, including but not limited to forum posts, comments, blog articles, courses, etc.
6. Sponsored Content
Sponsors are responsible for any sponsored content that is posted on our website, including but not limited to blog articles, banner ads, and newsletter emails. All sponsored content is subject to review and approval by us.
Sponsors agree not to post content that is unlawful, defamatory, obscene, or otherwise objectionable. We reserve the right to remove any content that violates these terms without refund for such violations. We reserve the right to remove any content that contains external links to content that violates these terms without refund for such violations.
Sponsored blog articles will remain on the website for a minimum of 12 months, unless content violations are found. After which, we reserve the right to remove any content we deem to be outdated or no longer useful.
Sponsors grant us a non-exclusive, royalty-free license to use, reproduce, and distribute their content.
Payment from a sponsor is considered agreement to these terms.
7. AI-Generated Content
Some of our content, including but not limited to articles, tutorials, and guides, may be generated with the assistance of artificial intelligence (AI) technologies. While we strive for accuracy and reliability, AI-generated content may contain errors or inaccuracies. The views expressed in AI-generated content do not necessarily reflect those of Build5Nines LLC. Users are encouraged to verify the information with authoritative sources.
If you have any concerns or find discrepancies, please contact us.
8. Intellectual Property
All content on our website, including text, graphics, logos, and software, is the property of Build5Nines LLC or its content suppliers and is protected by intellectual property laws. You may not reproduce, distribute, or create derivative works from our content without our express written permission.
9. Third-Party Services
Our website may include links to third-party services, including but not limited to Stripe for payment processing and Mailchimp for email newsletters. We are not responsible for the content or privacy practices of these third-party services. Your use of third-party services is at your own risk.
10. Prohibition of Content Scraping
You agree not to use any automated system, including but not limited to “robots,” “spiders,” or “offline readers,” to access our website in a manner that sends more request messages to our servers than a human can reasonably produce in the same period by using a conventional online web browser. Scraping or extracting content from our website for any purpose that may negatively impact the performance of the website and services for other users is strictly prohibited. This prohibition does not apply to legitimate search engines and non-commercial public archives that comply with our robots.txt file.
11. Limitation of Liability
To the fullest extent permitted by law, Build5Nines LLC shall not be liable for any indirect, incidental, special, or consequential damages arising out of or in connection with your use of our website or services. Our total liability to you for any claims arising from your use of our website or services shall not exceed the amount you paid us, if any, in the past six months.
12. Indemnification
You agree to indemnify, defend, and hold us and our partners, sponsors attorneys, staff, and affiliates harmless from any liability, loss, claim, and expense, including attorney’s fees, related to your violation of this Terms of Use or use of out website or services.
13. Scope of Terms
These Terms of Use apply to all websites and subdomains operated by Build5Nines LLC, including but not limited to [build5nines.com, members.build5nines.com].
14. Changes to Terms of Use
We may update these Terms of Use from time to time. We will give notice of any changes by posting the new terms on our website and updating the effective date. Your continued use of our website and services constitutes your acceptance of the new terms.
15. Governing Law
These Terms of Use are governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of law principles.
16. Third-party Content and MIT License
Certain portions of the content provided by Build5Nines LLC within our courses may include third-party materials licensed under the MIT License. These portions are made available to you under the terms of the MIT License, which allows you to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the MIT-licensed materials, provided that the original copyright notice and the MIT License are included in any copies or substantial portions of the software.
MIT License
Copyright (c) 2023 Microsoft
Permission is hereby granted, free of charge, to any person obtaining a copy
of this software and associated documentation files (the "Software"), to deal
in the Software without restriction, including without limitation the rights
to use, copy, modify, merge, publish, distribute, sublicense, and/or sell
copies of the Software, and to permit persons to whom the Software is
furnished to do so, subject to the following conditions:
The above copyright notice and this permission notice shall be included in all
copies or substantial portions of the Software.
THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR
IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE
AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER
LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM,
OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE
SOFTWARE.By accessing or purchasing our courses, you acknowledge and agree to these terms regarding MIT-licensed content where applicable.
17. Disclaimer
THE INFORMATION, CONTENT, AND DOCUMENTS FROM OR THROUGH THE SITE AND OUR SERVICES ARE PROVIDED “AS-IS,” “AS AVAILABLE,” WITH “ALL FAULTS,” AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS, OR OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE. IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THIS SITE AND THE INFORMATION WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE AND OUR SERVICES SHALL CREATE ANY WARRANTY, REPRESENTATION, OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.
18. Contact Information
If you have any questions or concerns about these Terms of Use, please contact us at support@build5nines.com
19. Business Address
Build5Nines LLC
382 NE 191st St
PMB 914531
Miami, Florida 33179-3899