APPROACHOUR STORYFOUNDERSCONTACT
email icon
hello@bypg.com
mobile phone icon
(512) 987-6543
Blue Yonder logo with bull
Blue Yonder bull glyph
APPROACH
OUR STORY
FOUNDERS
CONTACT
APPROACH
OUR STORY
FOUNDERS
CONTACT

Terms of use

This Terms of Use Agreement (this “Agreement”) is a legal agreement between you (“you” or “your”) and BYPG, LLC, its affiliates, and each of their respective successors and assigns (collectively, “bypg.com”) governing your use of (i) the information and service provided by bypg.com or otherwise accessible via any web site, IP address, or any social media accounts, or other online products and services offered or designated by bypg.com (the “Site”), and (ii) any documents, materials, content, or other offline components provided by bypg.com through the Site (the “Materials”).

By accessing this Site, you are agreeing that you have read, and agree to comply with and be bound by, the terms of this Agreement in their entirety without limitation or qualification as well as all applicable laws and regulations.  If you do not agree to be bound by the terms and conditions of this Agreement and to follow all applicable laws, do not access or use this Site or the Materials.

THIS AGREEMENT CONTAINS AN AGREEMENT TO ARBITRATE, UNDER WHICH: (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST BYPG.COM ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, AND (2) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS.

1. LICENSE GRANT

Subject to the terms and conditions of this Agreement, bypg.com hereby grants you a limited, non-exclusive, non-transferable, license to access and use the Site and the Materials solely for your own use. The license granted herein is expressly conditioned on your continued compliance with the terms and conditions of this Agreement.

This Agreement permits you to use the Site for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the content on the Site, such as text, graphics, logos, button icons, images, audio clips, information, data, forms, photographs, graphs, videos, typefaces, graphics, music, sounds or software (collectively, the “Content”) on the Site, except as follows:

  • You may temporarily store copies of such Content on your computer incidental to your accessing and viewing those materials;
  • You may store files that are automatically cached by your web browser for display enhancement purposes;
  • You may print or download one copy of a reasonable number of pages of the Site for your own personal, non-commercial use and not for further reproduction, publication, or distribution; and
  • If you have a paid account, you may download copies of the Materials to your computer or mobile device solely for your own personal, non-commercial use.

You must not:

  • Modify copies of any Content from this Site;
  • Use any Content on the Site separately from the accompanying text; or
  • Delete or alter any copyright, trademark, or other proprietary rights notices from copies of any Content from this site.

If you wish to make any use of the Content or Materials other than that set out in this section, please address your request to the contact information provided below.

2.  Restrictions on License Grant

Your use of the Site is limited to the scope of the license granted in this Agreement and this Agreement does not permit you to use the Site other than as provided herein. You acknowledge that the Site constitutes a valuable asset of bypg.com. You acknowledge and agree that except as otherwise authorized under this Agreement or otherwise specified in writing between the parties: 

  1. You shall not license, sublicense, sell, resell, rent, lease, transfer, assign, distribute, grant a security interest in, or otherwise transfer any rights to, or commercially exploit, the Site or the Content or use the Site to run, or as part of, a service bureau, outsourced, or managed services arrangement;
  2. You shall not copy, reproduce, republish, upload, post, transmit or distribute the Site, the Materials or the Content in any way;
  3. You shall not modify, translate, alter, adapt, decompile, disassemble (except to the extent applicable laws specifically prohibit such restriction), reproduce, distribute or display, or create derivative works, compilations, or collective works based on the Site or the Content;
  4. You shall not knowingly or negligently permit other individuals or entities to use or copy the Site, or create Internet “links” to the Site or “frame” or “mirror” the Site on any other server or wireless or internet-based device;
  5. You shall not access the Site for any reason, including without limitation, in order to (i) build a competitive product or service, (ii) build a product using similar ideas, features, functions, or graphics of the Site, (iii) copy any ideas, features, functions, or graphics of the Site, (iv) monitor the availability, performance, or functionality of the Site, or (v) for any other benchmarking or competitive purposes;
  6. You shall not attempt to use or gain unauthorized access to data, accounts, hosts, systems, or networks of bypg.com or any of its customers or suppliers, or those of any other party; breach the security of another user or system, or attempt to circumvent the user authentication or security of any host, network, or account, including, without limitation, accessing data not intended for you or logging into or making use of a server or account you are not expressly authorized to access;
  7. You shall not attempt to probe, scan, or test the vulnerability of a system, account, or network of bypg.com or any of its customers or suppliers;
  8. You shall not interfere, or any attempt to interfere, with service to any user, host, or network including, without limitation, mail-bombing, flooding, and attempting to deliberately overload the system or distribute programs that “crack,” or make unauthorized changes to, the software which operates the Site;
  9. You shall not forge any TCP-IP packet header or any part of any header information, falsify, alter, or remove address information or other modification of e-mail headers; collect responses from unsolicited bulk messages, falsify references to bypg.com or the Site, by name or other identifier, in messages; impersonate any person or entity, engage in sender address falsification, forge anyone else’s digital or manual signature, or perform any other similar fraudulent activity;
  10. You shall not restrict, inhibit, or otherwise interfere with the ability of any other person, regardless of intent, purpose or knowledge, to use or enjoy the Site (except for tools for safety and security functions), including, without limitation, posting or transmitting any information or software which contains a worm, virus, or other harmful feature, or generating levels of traffic sufficient to impede others’ ability to use, send, or retrieve information;
  11. You shall not restrict, inhibit, interfere with, or otherwise disrupt or cause a performance degradation, regardless of intent, purpose, or knowledge, to the Site or any bypg.com (or bypg.com supplier) host, server, backbone network, node, or service, or otherwise cause a performance degradation to any bypg.com (or bypg.com vendor) facilities used to deliver the Site; 
  12. You shall not create or use any program, tags, markers, bots, mousetraps, hijackers, or other similar computer routines or sub-routines to automatically access or manipulate the Site; and
  13. You shall not use the Site or Content for any unlawful purposes.

3. PRIVACY

Information collected by bypg.com is subject to the Privacy Policy available at http://www.bypg.com/privacy, and which is incorporated into this Agreement by reference. By using the Site, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

4.  Intellectual Property Ownership

All right, title, and interest in the Site, the Materials, and the Content, including technology and trade secrets embodied therein and any custom developments created or provided in connection with or related to this Agreement, including all copyrights, patents, trade secrets, trade dress, and other proprietary rights, and any derivative works thereof, shall belong solely and exclusively to bypg.com or its licensors, and, except as expressly set forth in this Agreement, you shall have no rights whatsoever in any of the foregoing. You acknowledge that information on the Site may constitute a valuable trade secret and/or is the confidential information of bypg.com or its licensors. Nothing in this Agreement or otherwise will be deemed to grant you an ownership interest in the Site, the Materials, or the Content, in whole or in part. All Content is copyrighted as individual works and as a collective work under the U.S. copyright laws (17 U.S.C. Section 101, et. seq.) and international treaty provisions, and bypg.com owns a copyright in the selection, coordination, arrangement, and enhancement thereof. You may not modify, remove, delete, augment, add to, publish, transmit, adapt, translate, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Content, in whole or in part. Any use other than as contemplated herein, including the reproduction, modification, distribution, transmission, adaptations, translation, republication, display, or performance, of the Content, except as specifically permitted herein, is strictly prohibited. You understand and acknowledge that unauthorized disclosure, use or copying of the proprietary products and services provided pursuant to this Agreement may cause bypg.com and its licensors irreparable injury, which may not be remedied at law, and you agree that bypg.com and its licensors’ remedies for breach of this Agreement may be in equity by way of injunctive or other equitable relief.

5.  Trademarks

The name BYPG.COM along with its associated logos, related names, design marks, product names, and feature names are trademarks of bypg.com, and may not be used, copied, or imitated, in whole or in part, without the express prior written permission of bypg.com.  In addition, the look and feel of the Site (including all page headers, custom graphics, button icons, and scripts) constitutes the service mark, trademark, and/or trade dress of bypg.com and may not be copied imitated or used, in whole or in part, without the express prior written permission of bypg.com. All other common law or registered trademarks used on this Site are the property of their respective owners.

6.  Your Data

As part of your access and use of the Site, you may upload data which may become incorporated into the Materials or Content (collectively, “Data”). You own your Data; provided, however, that you hereby irrevocably grant bypg.com a world-wide, non-exclusive, royalty-free, fully transferrable and sublicensable, license to access, reproduce, modify, use, create derivative works from, and otherwise exploit the Data in connection with the Site; for purposes including but not limited to developing, enhancing, providing, and/or improving the Site, or otherwise for the internal business purposes of bypg.com. You represent that you own or have the necessary rights, consents, and permissions to use and authorize the use of your Data as described herein.

7.  Term; Termination; Suspension of Access

The term of this Agreement commences the first time you access the Site and continues through any subsequent use of the Site thereafter.  Any unauthorized use of the Site will be deemed a material breach of this Agreement. bypg.com, in its sole discretion, may terminate your password, account, or use of the Site if you breach or otherwise fail to comply with this Agreement. 

8.  Disclaimer of Warranties

EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS AGREEMENT, (A) THE SITE IS PROVIDED “AS-IS” AND “WITH ALL FAULTS”, AND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BYPG.COM, INCLUDING ITS AFFILIATES, SUBSIDIARIES, LICENSORS, SUBCONTRACTORS, DISTRIBUTORS, SERVICES PARTNERS, AGENTS AND MARKETING PARTNERS) AND EACH OF THEIR RESPECTIVE EMPLOYEES, DIRECTORS AND OFFICERS (COLLECTIVELY, THE “BYPG.COM PARTIES”) DISCLAIM ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, REGARDING THE SITE, OR OTHERWISE RELATING TO THIS AGREEMENT, INCLUDING NON-INFRINGEMENT AND ACCURACY; (B) NEITHER BYPG.COM NOR ANY BYPG.COM PARTY WARRANTS THAT THE SITE IS OR WILL BE SECURE, ACCURATE, COMPLETE, UNINTERRUPTED, WITHOUT ERROR, OR FREE OF VIRUSES, WORMS, OTHER HARMFUL COMPONENTS, OR OTHER PROGRAM LIMITATIONS; (C) YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION OF PROBLEMS CAUSED BY VIRUSES OR OTHER HARMFUL COMPONENTS, UNLESS SUCH ERRORS OR VIRUSES ARE THE DIRECT RESULT OF GROSS NEGLIGENCE OR WILLFUL MISCONDUCT ON THE PART OF BYPG.COM; (D) BYPG.COM AND THE BYPG.COM PARTIES, JOINTLY AND SEVERALLY, DISCLAIM AND MAKE NO WARRANTIES OR REPRESENTATIONS AS TO THE ACCURACY, QUALITY, RELIABILITY, SUITABILITY, COMPLETENESS, USEFULNESS, OR EFFECTIVENESS OF THE INFORMATION OBTAINED, GENERATED, OR OTHERWISE RECEIVED BY YOU FROM ACCESSING AND/OR USING THE SITE OR OTHERWISE RELATING TO THIS AGREEMENT, AND (E) USE OF THE SITE IS ENTIRELY AT YOUR OWN RISK AND NEITHER BYPG.COM NOR ANY OF THE BYPG.COM PARTIES SHALL HAVE ANY LIABILITY OR RESPONSIBILITY THEREFOR.

9. Limitation of Liability

NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, IN NO EVENT WHATSOEVER SHALL BYPG.COM OR THE BYPG.COM PARTIES BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOST TIME OR GOOD WILL, EVEN IF BYPG.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE.  BYPG.COM SHALL NOT BE LIABLE FOR ANY CLAIMS AGAINST YOU BY THIRD PARTIES. IN NO EVENT SHALL THE MAXIMUM CUMULATIVE LIABILITY OF BYPG.COM IN CONNECTION WITH THE SITE AND/OR THIS AGREEMENT, REGARDLESS OF THE FORM OF ACTION, EXCEED $100. NO ACTION, REGARDLESS OF FORM, ARISING FROM OR PERTAINING TO THE SITE MAY BE BROUGHT BY YOU MORE THAN ONE (1) YEAR AFTER SUCH ACTION HAS ACCRUED.  Certain states and/or jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental, consequential, or certain other types of damages, so the exclusions set forth above may not apply to you.

10.  Release

You knowingly, and voluntarily do hereby indemnify, release, acquit, waive, forever discharge, and covenant not to sue bypg.com and the bypg.com Parties from and against any and all liabilities, costs, and expenses (including without limitations, any reasonable fees and expenses of its attorneys and consultants) relating to or arising out of any claims, demands, or causes of action of every kind and character as a result of the information, Content, and Materials offered by bypg.com through the Site.

11.  Account Access

If use of all or any part of the Site is contingent on you and your users accessing an “account” and/or inserting a “user-identification” and/or “password”, you agree that you will be solely responsible for any user-identifications and passwords that are provided to you (as such passwords may be changed from time to time in accordance with features of the Site) to log-in to the password protected Site. If non-authorized individuals have access to your systems or to your users’ user-identification and password, they may be able to use the Site. You shall keep any correspondence you receive relating to or through the use of the Site (including, but not limited to, your user-identification, password, and other registration or sign-in information) confidential and in a safe place and not disclose it to any third party.  You will be responsible and liable for all communications and actions that take place through the use of your user-identification, including without limitation, any actions that occur without your authorization. Accordingly, it is your responsibility to take appropriate actions immediately if any password has been stolen, leaked, compromised, or otherwise used without proper consent.

12. Modification to Terms

bypg.com may revise this Agreement from time to time at its sole discretion. All changes are effective immediately when posted and apply to all access to and use of the Site thereafter. However, any changes to the dispute resolution provisions set out below will not apply to any disputes for which the parties have actual notice on or before the date the change is posted on the Site. Your continued use of the Site following the posting of a revision of this Agreement means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

13. Notice for California Residents

Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: If you have a question or complaint regarding the Site, please send an email to the email address provided below or my mail to the mailing address provided below. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

14. Governing Law and Arbitration

This Site is controlled by bypg.com from its corporate offices in Leander, Texas, United States of America. It can be accessed from all 50 states, as well as from other countries around the world. As each of these jurisdictions have laws that may differ from the laws of the State of Texas, by accessing Site both you and bypg.com agree that the statutes and laws of Texas, without regard to the conflicts of laws principles thereof, will apply to all matters relating to use of this Site. bypg.com and you agree to arbitrate all disputes and claims between you and bypg.com except for (i) claims seeking injunctive relief in connection with the intellectual property of bypg.com, and (ii) claims for amounts less than $10,000. This agreement to arbitrate is intended to be broadly interpreted. It includes, but is not limited to:

  • claims arising out of or relating to any aspect of the relationship between you and bypg.com, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory; 
  • claims that arose before this or any prior Agreement (including, but not limited to, claims relating to advertising); 
  • claims that are currently the subject of purported class action litigation in which you are not a member of a certified class; and 
  • claims that may arise after the termination of this Agreement.

You agree that, by entering into this Agreement, you and bypg.com are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of this Agreement.

A party who intends to seek arbitration must first send to the other a written Notice of Dispute (“Notice”). The Notice must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). If bypg.com and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or bypg.com may commence arbitration proceedings. During the arbitration, the amount of any settlement offer made by bypg.com or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or bypg.com is entitled. 

The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by this Agreement, and will be administered by the AAA. The AAA Rules are available online at www.adr.org or by calling the AAA at 1-800-778-7879. The arbitrator is bound by the terms of this Agreement. All issues are for the arbitrator to decide, except that issues relating to the scope and enforceability of the arbitration provision are for the court to decide. Unless bypg.com and you agree otherwise, any arbitration hearings will take place in Austin, Texas. The arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. The payment of arbitration fees will be governed by the AAA rules.

The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. YOU AND BYPG.COM AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and bypg.com agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of representative or class proceedings. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void.

If your claim is for $10,000 or less, you agree that any such disputes will be resolved through the courts located in Austin, Texas.

15. General

  1. This Agreement shall be governed by Texas law and controlling United States federal law, without regard to the choice or conflicts of law provisions of any jurisdiction or the United Nations Convention on the International Sale of Goods, and any disputes, actions, claims or causes of action arising out of or in connection with this Agreement or the Site, with the exception of claims for injunctive relief, shall be subject to the exclusive jurisdiction of the state and federal courts located in Austin, Texas.  
  2. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then such provisions shall be construed, as nearly as possible, to reflect the intentions of the invalid or unenforceable provisions, with all other provisions remaining in full force and effect. 
  3. It may be necessary for bypg.com to perform scheduled or unscheduled repairs, maintenance, or upgrades and such activities may temporarily degrade the quality of the Site or result in a partial or complete outage of the Site.  bypg.com provides no assurance that you will receive advance notification of such activities or that access to the Site will be uninterrupted or error-free.
  4. No joint venture, partnership, employment, or agency relationship exists between you and bypg.com as a result of this Agreement or use of the Site. The failure of bypg.com to enforce any right or provision in this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by bypg.com in writing.
  5. If you have not entered into another agreement with bypg.com regarding the subject matter contained herein, then this Agreement comprises the entire agreement between you and bypg.com and supersedes all prior or contemporaneous negotiations, discussions, or agreements, whether written or oral, between the parties regarding such subject matter. However, if you and bypg.com have entered into another agreement regarding the subject matter set forth herein that is a written and signed agreement between you and bypg.com, then this Agreement should be read and interpreted in conjunction with such agreement and, in the event of a conflict between this Agreement and a written, signed agreement between the parties, the written, signed agreement shall govern and control.

‍

Questions or Additional Information:‍

If you have questions regarding this Agreement or wish to obtain additional information, please send an e-mail to hello@bypg.com, send mail to BYPG, LLC at 3550 N. Lakeline Blvd., Suite 170-1621, Leander, Texas 78641-3504.

Last updated: August 16, 2023.‍