LAST UPDATED: June 18, 2019
Welcome to 10X EBITDA and our Terms of Service (the “Agreement”). This Agreement is important and contains terms and conditions that affect your legal rights, so please read it carefully.
By accessing or using our website, www.10XEBITDA.com (the “Site”) provided by 10X EBITDA, LLC or our subsidiaries or affiliates (herein referred to as “10X,” “10X EBITDA,” “the Company,” “we,” “us” or “our”), pursuant to which we offer career tips and make available our interview coaching services, guides, courses and affiliates’ products and services for purchase (the “Products”) (collectively, with the Site, the “Service” or “Services”), you agree to be bound by the terms and conditions contained in this Agreement and all other terms incorporated herein by reference. Some of the Services may be subject to additional terms and conditions we specify from time to time; your use of such Services is subject to those additional terms and conditions, which are incorporated into this Agreement by reference. This Agreement applies to all users of the Site.
We reserve the right, at our sole discretion, to change or modify portions of this Agreement at any time. If we do this, we will post the changes on this page and will indicate at the top of this page the date this Agreement was last revised. You may read a current, effective copy of this Agreement at any time by selecting the “Terms of Service” link on the Site. Your continued use of the Site after any such changes constitutes your acceptance of the new Agreement. You should periodically visit this page to review the current Agreement so you are aware of any revision to which you are bound. If you do not agree to abide by this or any future Agreement, do not use or access (or continue to use or access) the Site.
ARBITRATION NOTICE AND CLASS ACTION WAIVER: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION SECTION BELOW OR WHERE PROHIBITED BY APPLICABLE LAW, YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
1.1 You must be 18 years or older to use our Services. Individuals under the age of 18 are strictly prohibited from using our Services.
1.2 We continually test new features, functionalities, services, user interfaces and Products that we are considering incorporating into or providing through our Site. We reserve the right to include or exclude you from these tests without notice.
1.3 You are solely responsible for ensuring that your use of the Services complies with all laws, rules and regulations applicable to you. If the applicable law in the country in which you reside requires that you must be older than 18 to receive certain Services, then the minimum age is the legally required one. If you are a minor, you may wish to consult your parents about what portions of the Services are appropriate for you. The right to access the Site is revoked where this Agreement or use of the Site is prohibited or to the extent offering, sale or provision of the Services conflicts with any applicable law, rule or regulation.
1.4 You must provide your full name, a valid email address, and any other information requested in order to complete product purchase process.
2.2 You agree that we may disclose your information to employees, trusted affiliates, related entities, independent contractors, and partners, who may use the information for certain business purposes deemed to be aligned with our goals and business objectives (i.e. delivering product or service by affiliates you purchased). In addition, we may transfer information collected from you in connection with a sale or restructuring of Company.
3. Use of the Site
3.1 The Site contains material, including but not limited to software, text, graphics, videos and images (collectively referred to as the “Content”). We may own the Content, or portions of the Content may be made available to us through arrangements that we have with third parties. We do not guarantee that any Content you access on or through the Site is or will continue to be accurate. The Content is protected by United States and foreign intellectual property laws. Unauthorized use of the Content may result in violation of copyright, trademark, and other laws. You have no rights in or to the Content, and you will not use, copy or display the Content, including but not limited to use of framing or mirrors, except as permitted under this Agreement. No other use is permitted without our prior written consent. You must retain all copyright and other proprietary notices contained in the original Content on any copy you make of the Content. You may not sell, transfer, assign, license, sublicense, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose. The use or posting of any of the Content on any other website or in a networked computer environment for any purpose is expressly prohibited. If you violate any part of this Agreement, your right to access and/or use the Content and Site shall automatically terminate and you shall immediately destroy any copies you have made of the Content.
3.2 You agree not to: (a) take any action that imposes an unreasonable load on the Site’s infrastructure; (b) use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any activity being conducted on the Site; (c) attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising or making up the Site; (d) delete or alter any material we or any other person or entity posts on the Site; or (e) otherwise take any action in violation of our guidelines and policies.
3.3 Nothing contained on the Site should be understood as granting you a license to use any of the trademarks, service marks, or logos owned by 10X EBITDA or by any third party.
4. Online Store
4.1 10X EBITDA sells interview coaching services, recruiting guides, online courses and other products on our website. When you purchase any of our Products, you are a Client of our firm.
4.2 When you purchase interview coaching services, you are merely purchasing our time. You understand that the interview coaching packages do not include any recruiting guides, online courses, or any other products.
4.3 The purpose of our products, including, without limitation, interview coaching services, recruiting guides, online courses, and physical books, is purely for educational purposes only. You understand and agree that we do not guarantee any types of career outcomes or employment offers from any companies.
4.4 Our role in the interview coaching services is to educate, consult and direct you, but it is your responsibility to put together your own resume, applications, cases, presentation materials, financial models, stock pitches, and any other recruiting-related materials.
4.5 When you purchase hourly coaching sessions, it is your responsibility to let us know when you’d like to schedule the coaching sessions. You must use all coaching sessions you purchased within 180 days from the time of purchase.
4.6 You must schedule coaching sessions at least 24 hours in advance to avoid last-minute scheduling. If unforeseen events come up that conflicts with the scheduled coaching sessions, you should late our team know at least 1 hour in advance. Lateness to scheduled coaching sessions, cancellations of scheduled coaching sessions and/or no-shows are subject to penalties at the Company’s discretion.
4.7 PLEASE READ THIS CAREFULLY AS THIS INCLUDES IMPORTANT INFORMATION REGARDING NON-DISCLOSURE. Through your purchases of products, including, without limitation, all interview coaching services, recruiting guides, online courses, and physical products, from the Company, you are likely to come into contact with “Confidential Information”. You understand that Confidential Information means all information learned during your relationship with the Company regarding the personal life, business practices of the Company and its consultants and any other information designated by the Company as confidential or proprietary or provided to the Company (or to you as a result of your purchase) on a confidential basis by a third party. At all times, both during and after the period in which the Company provides services to you, you will keep in strict confidence and will not disclose any Confidential Information to any person or entity, or make use of any such Confidential Information for my own purposes or for the benefit of any person or entity, except as may be necessary in the ordinary course of obtaining the services related to the purchase.
4.8 You may not pull content from recruiting guides or online courses that you purchase. You may not share these guides and online course account credentials, in whole or in part, with anyone else. You agree to compensate 10X EBITDA on any lost revenue and/or damages that may arise as a result of your violation as well as cost incurred to collect those lost revenue and/or damages.
4.9 All purchases of our Products are non-refundable and non-transferrable.
5. Third Party Sites.
5.1 The Site may contain links to third party websites, services or other resources on the Internet, including but not limited to our affiliates and Facebook, and other websites, services or resources may contain links to the Site (“External Sites”). These links are provided solely as a convenience to you and not as an endorsement by us of the content on such External Sites. The content of such External Sites is developed and provided by others. You should contact the site administrator for those External Sites if you have any concerns regarding such links or any content located on such External Sites. We are not responsible for the content of any linked External Sites and do not make any representations regarding the content or accuracy of any materials on such External Sites. 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 any External Sites, you do so at your own risk. You acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, goods or services available on or through any External Sites.
5.2 This website contains links to social media and social networking services, like Facebook, Twitter, YouTube, Instagram and LinkedIn (“Social Networking Services”). Please remember that the manner in which Social Networking Services use, store and disclose your information is governed solely by the policies of such Social Networking Services, and we shall have no liability or responsibility for the privacy practices or other actions of any third party site or service that may be enabled on or offered through the Site. In addition, we are not responsible for the accuracy, availability or reliability of any information, content, goods, data, opinions, advice or statements made available in connection with Social Networking Services. As such, we are not liable for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Social Networking Services. We enable these features merely as a convenience and the integration or inclusion of such features does not imply an endorsement or recommendation.
5.3 We may participate in affiliate marketing and may allow affiliate links to be encoded on some of our pages. This means that we may earn a commission if/when you click on or make purchases via affiliate links.
5.4 10X EBITDA is a participant in the Amazon Services LLC Associates Program, an affiliate advertising program designed to provide a means for us to earn fees by linking to Amazon.com and affiliated sites.
6. User Content
6.1 With respect to the Comments and any content or other materials you provide to or upload through the Site or share with other Site users or recipients (collectively, “User Content”), you represent and warrant that you own all right, title and interest in and to such User Content, including, without limitation, all copyrights and rights of publicity contained therein, and that all User Content provided by you is accurate, complete, up-to-date, and in compliance with all applicable laws, rules and regulations. You shall not (and shall not permit any third party to) take any action or upload, post, or otherwise distribute any User Content that infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity or violates any law or contractual duty. You shall not (and shall not permit any third party to) take any action or upload, post, or otherwise distribute any User Content that you know if false, misleading, untruthful or inaccurate, or is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, vulgar, pornographic, offensive, profane, contains or depicts nudity, contains or depicts sexual activity, or is otherwise inappropriate as determined by us in our sole discretion.
6.2 The Site may pull content from our users who share testimonials, photos and videos on Social Networking Services using our brand hashtags, including, without limitation, #10X, #10XEBITDA, (collectively, the “10X EBITDA Hashtags”), or tagging the @10XEBITDA accounts (collectively, “Social Media User Content”). You acknowledge and agree that the Social Media User Content may be used in 10X EBITDA’s marketing materials, emails and on the Site, and you hereby grant us permission to use and authorize others to use your name or social media handle in association with the Social Media User Content for identification, publicity related to the Services and similar promotional purposes, including after your termination of the Services. You represent and warrant that the posting and use of your Photos, including to the extent such Social Media User Content include your name, username, likeness, voice, or photograph, does not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademark and other intellectual property rights.
6.3 By uploading any User Content you hereby grant and will grant 10X EBITDA and its affiliated companies, successors and assigns a nonexclusive, worldwide, royalty free, fully paid up, transferable, sub-licensable, perpetual, irrevocable license to reproduce, adapt, publish, create derivative works from, copy, display, upload, publicly perform, distribute, store, modify and otherwise use your User Content and any name, username, likeness, voice or photograph provided in connection with your User Content, without compensation to you, in connection with the operation of the Site or the promotion, advertising or marketing of the Services, in any form, medium or technology now known or later developed, and including after your termination of the Services. For clarity, the foregoing license does not affect your other ownership or license rights in your User Content, including the right to grant additional licenses to your User Content, unless otherwise agreed in writing. You represent and warrant that you have all rights to grant such licenses to us without infringement or violation of any third party rights, including without limitation, any privacy rights, publicity rights, copyrights, trademarks, contract rights, or any other intellectual property or proprietary rights.
6.4 Except where prohibited by applicable law, by submitting User Content through the Site, you are waiving and agreeing not to assert any copyrights or “moral” rights or claim resulting from our alteration of the User Content or any comments, photograph(s), video, illustrations, statements, testimonials, Social Media User Content or other work contained in the User Content. You are also agreeing to appoint 10X EBITDA as your irrevocable attorney-in-fact with respect to the User Content, with the right to execute and deliver any documents, in your name and on your behalf, to ensure that we can use the User Content that you are licensing in any way we see fit, own and protect the rights in any derivative works created from your User Content, and have the User Content removed from any other website or forum.
6.5 You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Services (collectively, “Submissions”) that you provide to us are non-confidential and we will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without your acknowledgment or compensation to you.
6.6 You acknowledge and agree that we may preserve User Content and may also disclose User Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce this Agreement; (c) respond to claims that any User Content violates the rights of third parties; or (d) protect the rights, property, or personal safety of 10X EBITDA, our users and the public. You understand that the technical processing and transmission of the Site, including your User Content, may involve (i) transmissions over various networks; and (ii) changes to conform and adapt to technical requirements of connecting networks or devices.
7. Limitation of Liability and Disclaimer of Warranties
7.1 EXCEPT AS OTHERWISE PROVIDED BY US IN WRITING, 10X EBITDA, OUR AFFILIATES, AND OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS, AGENTS, SUPPLIERS, OR LICENSORS (COLLECTIVELY, THE “10X EBITDA PARTIES“) MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE CONTENT OR THE SERVICES, INCLUDING BUT NOT LIMITED TO THE SITE’S ACCURACY, RELIABILITY, COMPLETENESS, TIMELINESS OR RELIABILITY. THE 10X EBITDA PARTIES SHALL NOT BE SUBJECT TO LIABILITY FOR THE TRUTH, ACCURACY OR COMPLETENESS OF THE CONTENT OR THE SITE OR ANY OTHER INFORMATION CONVEYED TO THE USER OR FOR ERRORS, MISTAKES OR OMISSIONS THEREIN OR FOR ANY DELAYS OR INTERRUPTIONS OF THE DATA OR INFORMATION STREAM FROM WHATEVER CAUSE. YOU AGREE THAT YOU USE THE SERVICES AND THE CONTENT AT YOUR OWN RISK.
7.2 THE 10X EBITDA PARTIES DO NOT WARRANT THAT THE SITE WILL OPERATE ERROR FREE OR THAT THE SITE, ITS SERVERS, OR THE CONTENT ARE FREE OF COMPUTER VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. IF YOUR USE OF THE SITE OR THE CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, NO 10X EBITDA PARTY SHALL BE RESPONSIBLE FOR THOSE COSTS.
7.3 EXCEPT AS OTHERWISE PROVIDED BY US IN WRITING, THE CONTENT AND THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. THE 10X EBITDA PARTIES DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF TITLE, MERCHANTABILITY, NON INFRINGEMENT OF THIRD PARTIES RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE.
7.4 IN NO EVENT SHALL ANY 10X EBITDA PARTY BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE SERVICES OR THE CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF SUCH 10X EBITDA PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) $50.00.
7.5 Some jurisdictions do not allow exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the above limitations or exclusions may not apply to you. IN SUCH JURISDICTIONS, THE LIABILITY OF THE 10X EBITDA PARTIES SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. NOTHING IN THESE TERMS AFFECTS ANY LEGAL RIGHTS AND REMEDIES YOU HAVE UNDER LOCAL LAW.
8.1 To the fullest extent permitted by applicable law, you agree to defend, indemnify, and hold harmless the 10X EBITDA Parties from and against any claims, actions or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from your breach of this Agreement, any User Content or Submission you provide, or your access to, use or misuse of the Content or the Services. We shall provide notice to you of any such claim, suit, or proceeding that triggers this indemnification obligation, and you agree to do the same by writing to 10X EBITDA at [email protected] We reserve the right to assume the exclusive defense and control of any matter which is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting our defense of such matter.
9. Governing Law and Arbitration
9.1 You agree that: (i) the Service shall be deemed solely based in New York; and (ii) the Service shall be deemed a passive one that does not give rise to personal jurisdiction over 10X EBITDA, either specific or general, in jurisdictions other than New York. This Agreement shall be governed by the internal substantive laws of the State of New York, without respect to its conflict of laws principles. The parties acknowledge that this Agreement evidences a transaction involving interstate commerce. Notwithstanding the preceding sentences with respect to the substantive law, any arbitration conducted pursuant to the terms of this Agreement shall be governed by the Federal Arbitration Act (9 U.S.C. §§ 1-16). The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You agree to submit to the personal jurisdiction of the federal and state courts located in New York County, New York for any actions for which we retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a our copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights, as set forth in the Arbitration provision below.
9.2 READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES THE PARTIES TO ARBITRATE THEIR DISPUTES AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM 10X EBITDA. In the unlikely event that 10X EBITDA has not been able to resolve a dispute it has with you after 90 days, you agree that any dispute, claim or controversy arising out of or relating in any way to the Service, these Terms of Service and this Arbitration Agreement, shall be determined by binding arbitration. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award and nothing in this Arbitration Agreement shall be interpreted as limiting any non-waivable statutory rights. You agree that, by agreeing to this Agreement, the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and 10X EBITDA are each waiving the right to a trial by jury or to participate in a class action. Each party will be responsible for paying any arbitration filing, administrative and arbitrator fees. Nothing in this Section shall be deemed as preventing 10X EBITDA from seeking injunctive or other equitable relief from the courts as necessary to protect any of 10X EBITDA proprietary interests. This arbitration provision shall survive termination of this Agreement and the termination of your usage of Services.
10.1 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 Site or the Content at any time and for any reason (including if we believe that you have engaged in any suspected fraudulent or abusive activity, or violated or acted inconsistently with the letter or spirit of this Agreement) without prior notice or liability, including the right to reject any order you place for the purchase of Products, which may result in the forfeiture and destruction of all information associated with your Account. We reserve the right to change, suspend, or discontinue all or any part of the Services or the Content at any time without prior notice or liability. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, licenses of User Content, ownership provisions, warranty disclaimers, indemnity, limitations of liability, class action waivers and arbitration.
10.2 You are solely responsible for ensuring compliance with the laws of your specific jurisdiction and for abiding by all applicable local, state, provincial, national and international laws and regulations.
10.3 The United States controls the export of products and information. You expressly agree to comply with such restrictions and not to export or re-export any of the Content to countries or persons prohibited under the export control laws. By downloading the Content, you are expressly agreeing that you are not in a country where such export is prohibited or are a person or entity for which such export is prohibited. You are solely responsible for compliance with the laws of your specific jurisdiction regarding the import, export, or re-export of the Content.
10.4 In order for us to provide the Services, you agree that we may process, transfer and store information about you in the United States and other countries, where you may not have the same rights and protections as you do under local law.
10.5 This Agreement, together with any amendments and any additional agreements you may enter into with 10X EBITDA in connection with the Service, shall constitute the entire agreement between you and 10X EBITDA concerning the Service. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect, except that in the event of unenforceability of the universal Class Action/Jury Trial Waiver, the entire arbitration agreement shall be unenforceable.
10.6 No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and 10X EBITDA’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.