NOTE: YOU ARE CONCLUDING A LEGALLY BINDING AGREEMENT FOR USE OF THIS WEBSITE AND THE RELATED MEMBERSHIP SERVICES
BCAP.biz is the website hosting company that manages the informational services on behalf of Buoyant Capital Collective.
You understand and acknowledge that Buoyant Capital Collective “BCC” is a business consultancy membership organization providing peer advisory services that may include coaching and guidance as well as recommendations to the users and members to acquire information and skills through the use of various material and on-line resources, but in no way does this consultative business recommendation constitute investment advice, a teaching or training relationship in a school, or a course. The relationship between the users and members with the advisors, coaches, mentors, and consultants who have licensed the Buoyant Capital Collective brand are as a peer based communication within a professional membership organization for the purpose of promoting and fostering entrepreneurship without any implied economic or commercial agreement as to the fitness or applicability of the advice to each user and members business.
In order to use the website, you must be the age of majority in your jurisdiction and fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in these Terms and to abide by and comply with these Terms. You represent that you meet the eligibility requirements in this Section. In any case, you affirm that you are over the age of 21. If you are using or opening an account on the website on behalf of a company, entity, or organization (each, a “Subscribing Organization”), then you represent and warrant that you: are an authorized representative of that Subscribing Organization with the authority to bind such Subscribing Organization to these Terms and agree to be bound by these Terms on behalf of such Subscribing Organization.
2. Privacy Notice.
Your privacy is important to us. Our privacy notice is hereby incorporated into these Terms by reference. Please read this notice carefully for information relating to our collection, use, and disclosure of your personal information.
3. Modification of the Terms.
We reserve the right, at our discretion, to change, modify, add, or remove portions of these Terms at any time without notice to you. All changes shall be effective immediately. Please check these Terms periodically for changes. Your continued use of the website and related services after the posting of changes constitutes your binding acceptance of such changes.
4. Site Access.
We grant you permission to use the website as set forth in these Terms, provided that and for so long as (i) you use the website solely for your personal use; (ii) except as expressly permitted or indicated in these Terms, you do not download, reproduce, redistribute, retransmit, publish, resell, distribute, publicly display or otherwise exploit any portion of the website in any medium without our prior written authorization; (iii) you do not alter or modify any part of the website other than as may be reasonably necessary to use the website for its intended purposes; (iv) you do not engage in any of the prohibited uses described below; and (v) you otherwise fully comply with these Terms. The website is controlled and offered by us from its facilities in the United States of America. We make no representations that the website is appropriate or available for use in other locations. If you are accessing or using the website from other jurisdictions, you do so at their own risk and you are responsible for compliance with local law.
5. Ownership; Proprietary Rights.
As between the Parties, the website including the content, visual interfaces, interactive features, information, graphics, design, compilation, computer code, products, software, services, trademarks and logos, and all other elements of the website that are provided by us are owned and/or licensed by us. Except as expressly authorized by BCC, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the website or the Materials. We reserve all rights not expressly granted in these Terms. User shall not acquire any right, title, or interest to the Materials, except for the limited rights set forth in these Terms. We make no representations or warranties as to the accuracy or completeness or fitness for use of any Materials.
6. User Submissions.
- (a) General. The website may now or in the future permit the submission and posting or linking of media, text, audio and video recordings, photos, commentary or any other content submitted by you and other users, including without limitation any user and members, in the BCC membership programs (“User Submissions”), and the hosting, sharing, and/or publishing of such User Submissions. User Submissions are not controlled by BCAP.biz. We make no representations that it will publish or use your User Submissions in any way and may or may not use your User Submissions in its sole discretion. You understand that whether or not such User Submissions are published, we do not guarantee any confidentiality with respect to any User Submissions.
- (b) Grant of Rights. By submitting User Submissions to BCAP.biz, you hereby grant BCAP.biz and its affiliates a worldwide, non-exclusive, fully paid-up, royalty-free, perpetual, irrevocable, transferable license, with the right to grant and authorize sublicenses, to use, reproduce, distribute, modify, adapt, prepare derivative works of, display, perform, and otherwise exploit your User Submissions in connection with the website and BCAP.biz (and its successor’s) business, including without limitation for promoting and redistributing part or all of the website (and derivative works thereof) in any media formats and through any media channels now known or hereafter discovered. You grant BCAP.biz and its affiliates and sub-licensees the right to use the name that you submit in connection with such User Submission if they choose. You also agree to irrevocably waive (and cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Submissions. You also hereby grant to each user of the website a non-exclusive license to access your User Submissions through the website, and to use, reproduce, distribute, prepare derivative works of, display, and perform such User Submissions but only to the extent permitted by the functionality of the website and these Terms.
- (c) Your Representations and Warranties Regarding User Submissions. You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that: (i) you own, or have the necessary licenses, rights, consents, and permissions to use and authorize BCAP.biz to use, all patent, trademark, copyright, or other proprietary rights in and to any and all User Submissions to enable inclusion and use of User Submissions in the manner contemplated by BCAP.biz and these Terms, and to grant the rights and license set forth in this Section, and (ii) your User Submissions, BCAP.biz use of such User Submissions pursuant to these Terms, and BCAP.biz exercise of the license rights set forth in this Section, do not and will not: (a) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (b) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; or (c) violate any applicable law or regulation.
- (d) Prohibited Uses of User Submissions. In connection with your User Submissions, you further agree that you will not publish, post, submit, transmit through or otherwise make available to the website: (i) any falsehoods or misrepresentations that could damage BCAP.biz or any third party; (iii) any material which is unlawful, defamatory, libelous, slanderous, pornographic, obscene, abusive, profane, vulgar, sexually explicit, threatening, harassing, harmful, hateful, racially or ethnically offensive or otherwise objectionable, or which encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law or any right of privacy or publicity, or is otherwise inappropriate; (iv) advertisements or solicitations of business, products, or services; or (v) proprietary business information or trade secrets or intellectual property not owned by the user or for which the user does not want to make accessible to other members (vi) any material that would be harmful to minors in any manner.
7. Non-BCAP.biz Content Disclaimer.
You understand that when using the website you will be exposed to User Submissions and other third party content or information (together the “Non-BCAP.biz Content”) from a variety of sources, and that you may be exposed to Non-BCAP.biz Content that is inaccurate, offensive, indecent, or otherwise objectionable. We do not endorse any Non-BCAP.biz Content or any opinion, recommendation, or advice expressed therein. Under no circumstances will BCAP.biz be liable in any way for or in connection with the Non-BCAP.biz Content, including, but not limited to, for any inaccuracies, errors or omissions in any Non-BCAP.biz Content, any intellectual property infringement with regard to any Non-BCAP.biz Content, or for any loss or damage of any kind incurred as a result of the use of any Non-BCAP.biz Content posted, emailed or otherwise displayed, communicated, transmitted through or in connection with the website, including any information provided by any participant in the educational program.
8. Non-Monitoring of Users and Non-BCAP.biz Content.
You understand that you, and not BCAP.biz, are entirely responsible for all User Submissions that you upload, post, e-mail, transmit or otherwise make available through the website. BCAP.biz does not control the Non-BCAP.biz Content posted by Users or otherwise made available by other persons and does not have any obligation to monitor such Non-BCAP.biz Content for any purpose. If at any time, we choose, in our sole discretion, to monitor the Non-BCAP.biz Content, we nonetheless assume no responsibility for the Non-BCAP.biz Content, no obligation to modify or remove any inappropriate Non-BCAP.biz Content, and no responsibility for the conduct of the user submitting any such Non-BCAP.biz Content. You agree that you must evaluate, and bear all risks associated with the use of any User Submissions or other Non-BCAP.biz Content, including any reliance on the accuracy, completeness, usefulness, or legality of such User Submission or other Non-BCAP.biz Content.
9. Removal of Non-BCAP.biz Content.
BCAP.biz and its designees shall have the right (but not the obligation) in their sole discretion to refuse to post or remove any Non-BCAP.biz Content that is available on the website in whole or in part at any time for any reason or no reason, with or without notice and with no liability of any kind.
10. Account Information.
If you register you will be asked to provide a password. As you will be responsible for all activities that occur under your password, you should keep your password confidential. You are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you have reason to believe that your account is no longer secure (for example, in the event of a loss, theft, or unauthorized disclosure or use of your account ID or password), you shall immediately notify BCAP.biz. You may be liable for the losses incurred by BCAP.biz or others due to any unauthorized use of your account.
12. Prohibited Uses of the website.
- (a) As a condition of your use of the website, you hereby represent and warrant that you will not use the website for any purpose that is unlawful or prohibited (including without limitation, the prohibitions in this Section) by these Terms.
- (b) Any use by you of any of the Materials and website other than for your personal or professional use is strictly prohibited. You agree not to reproduce, duplicate, copy, sell, trade, resell, distribute, or exploit any portion of the website, use of the website, access to the website, or Non-BCAP.biz Content obtained through the website, for any purpose other than for your personal use.
- (c) You agree not to use the website if you do not meet the eligibility requirements described in Section 1 above.
- (d) You agree not to defame, harrass, abuse, threaten, stalk or defraud users of the website, or collect, or attempt to collect, personal information about users or third parties without their consent.
- (e) You agree not to intentionally interfere with or damage, impair or disable the operation of the website or any user’s enjoyment of it, by any means, including uploading or otherwise disseminating viruses, worms, spyware, adware, or other malicious code.
- (f) You agree not to remove, circumvent, disable, damage or otherwise interfere with any security-related features of the website, features that prevent or restrict the use or copying of any part of the website, or features that enforce limitations on the use of the website.
- (g) You agree not to attempt to gain unauthorized access to the website, or any part of it, other accounts, computer systems or networks connected to the website, or any part of it, through hacking, password mining or any other means or interfere or attempt to interfere with the proper working of the website or any activities conducted through the website.
- (h) You agree not to obtain or attempt to obtain any materials or information through any means not intentionally made available through the website. You agree neither to modify the website in any manner or form, nor to use modified versions of the website, including (without limitation) for the purpose of obtaining unauthorized access to the website.
- (i) You agree that you will not use any robot, spider, scraper, or other automated means to access the website for any purpose without our express written permission or bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the website.
- (j) You agree not to utilize framing techniques to enclose any trademark, logo, or other Materials without our express written consent. You agree not to use any meta tags or any other “hidden text” utilizing our name or trademarks without our express written consent.
- (k) You agree not to deep-link to the website and will promptly remove any links that BCAP.biz finds objectionable in its sole discretion. You agree not to use any BCAP.biz logos, graphics, or trademarks as part of the link without our express written consent.
- (l) You agree not to make unsolicited offers, advertisements, proposals, or send junk mail or spam to other users of the website. This includes, but is not limited to, unsolicited advertising, promotional materials or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, and petitions for signatures.
- (m) You agree not to reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the website or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
- (n) You agree not to modify, adapt, translate, or create derivative works based upon the website or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
- (o) You agree not to impersonate another person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.
13. Registered Users.
Program Content is for the private or professional non-commercial enjoyment of Registered Users only. Any other use is strictly prohibited. If you are a Registered User, you agree not to copy, publish, or in any way make available Program Content to non-Registered Users. To prevent access by multiple users sharing one Registered User’s account, we reserve the right to limit access for each Registered User to a fixed number of physical locations or machines or to a specific number of simultaneous logons.
14. Dealings with Advertisers.
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the website are solely between you and such advertiser. YOU AGREE THAT BCAP.biz WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS THE RESULT OF ANY SUCH DEALINGS OR AS THE RESULT OF THE PRESENCE OF SUCH ADVERTISERS ON THE WEBSITE.
15. Links and Third Party Websites.
We or third parties may provide links on the website to other sites including the content therein (“Reference Sites”). BCAP.biz has no control over such Reference Sites or content, and therefore makes no claim or representation regarding, and expressly disclaims responsibility for, the accuracy, quality, legality, nature, availability, or reliability of Reference Sites or content linked to by the website. BACP.biz provides links to you only as a convenience, and the inclusion of any link on the website does not imply our affiliation, endorsement, or adoption of the linked site or any information therein. ACCESS AND USE OF REFERENCE SITES, INCLUDING THE INFORMATION, MATERIAL, PRODUCTS, AND SERVICES ON REFERENCE SITES OR AVAILABLE THROUGH REFERENCE SITES, IS SOLELY AT YOUR OWN RISK. Our terms and policies do not govern your use of any site other than this website. You should review applicable terms and policies, including the privacy and data gathering practices, of any Reference Sites.
16. Availability of Service.
BCAP.biz may make changes to or discontinue any of the media, content, or services available within the website or in connection with the educational program at any time, and without notice. The media, content or services on the website may be out of date, and we make no commitment to update these materials on the website.
17. User Disagreements.
You are solely responsible for your involvement with other users of the website and program. We reserve the right, but have no obligation, to monitor disagreements between you and other users. BCAP.biz DISCLAIMS ALL LIABILITY RELATED TO ANY USER DISAGREEMENT.
- (a) BCAP.biz. You agree that BCAP.biz, in its sole discretion and for any or no reason, may terminate any account (or any part thereof) you may have through the website or your use of the website, and remove and discard all or any part of your account or any User Submission, at any time, regardless of whether you are a Registered User. You agree that your access to the website or any account you may have or portion thereof may be terminated without prior notice, and you agree that BCAP.biz shall not be liable to you or any third-party for any such termination. These remedies are in addition to any other remedies we may have at law or in equity. No refunds will be given to Registered Users upon such termination.
- (b) User. If you are dissatisfied with the website, please contact us with feedback. Your input is valuable to us. Your only remedy with respect to any dissatisfaction with (i) the website, (ii) any term of these Terms, (iii) any policy or practice in operating the website, or (iv) any content or information transmitted through the website, is to terminate these Terms and your account. You may terminate these Terms at any time by closing your account and discontinuing your use of any and all parts of the website and providing notice of termination. No refunds will be given to Registered Users upon such termination.
19. Indemnification; Hold Harmless.
You agree to indemnify and hold harmless BCAP.biz, and its parent, subsidiaries, affiliates or any related companies (including those which share substantially common ownership), and the officers, directors, employees, agents and representatives of any of them from any and all claims, losses, obligations, damages, liabilities, costs, debt, and expenses (including attorney’s fees) arising out of (i) your use or misuse of the website; (ii) your User Submissions, including BCAP.biz’s use, display or other exercise of its license rights granted herein with respect to your User Submissions; (iii) your violation of these Terms; (iv) your violation of the rights of any other person or entity, including claims that any User Submission infringes or violates any third party intellectual property rights; (v) your breach of the foregoing representations, warranties, and covenants; and (vi) any unauthorized use of your account not caused by BCAP.biz. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of BCAP.biz. We will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.
20. Disclaimers; No Warranties.
- (a) Acknowledgement. YOU EXPRESSLY ACKNOWLEDGE THAT AS USED IN THIS SECTION 20, THE TERM BCAP.biz INCLUDES BCAP.biz OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, AFFILIATES, AND SUBCONTRACTORS.
- (b) No warranties. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIMS ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM BCAP.biz, THROUGH THE WEBSITE OR THE BCAP.biz PROGRAM, WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
- (c) “As is” and “As available” and “With All Faults.” YOU EXPRESSLY AGREE THAT THE USE OF THE WEBSITE AND, IF APPLICABLE, YOUR ENROLLMENT IN THE EDUCATIONAL PROGRAM, IS AT YOUR SOLE RISK. THE WEBSITE, USER SUBMISSIONS, NON-BCAP.biz CONTENT, AND ANY OTHER THIRD-PARTY MEDIA, CONTENT, SOFTWARE, SERVICES, REFERENCE SITES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE WEBSITE AND/OR THE BCAP.biz PROGRAM ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE”, “WITH ALL FAULTS” BASIS AND WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED.
- (d) Website Operation and Non-BCAP.biz Content. WE DO NOT WARRANT THAT THE MATERIALS, USER SUBMISSIONS, NON-BCAP.biz CONTENT, WEBSITE, REFERENCE SITE, OR ANY OTHER INFORMATION OFFERED ON OR THROUGH THE WEBSITE, THE PROGRAM, OR ANY REFERENCE SITES WILL BE UNINTERRUPTED, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS AND DOES NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED.
- (e) Accuracy. BCAP.biz DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE WEBSITE, THE PROGRAM, OR ANY REFERENCE SITES IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
- (f) Harm to Your Computer. YOU UNDERSTAND AND AGREE THAT YOU USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN INFORMATION, MATERIALS, OR DATA THROUGH THE WEBSITE (INCLUDING RSS FEEDS) OR ANY REFERENCE SITES AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM) OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF SUCH MATERIAL OR DATA.
21. Limitation of Liability and Damages.
- (a) Limitation of Liability. UNDER NO CIRCUMSTANCES, AND UNDER NO LEGAL THEORY, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL BCAP.biz OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD PARTY PARTNERS OR SUPPLIERS, BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA OR USE OR COST OF COVER) ARISING OUT OF OR RELATING TO THESE TERMS OR THE PROGRAM, OR THAT RESULT FROM YOUR USE OR THE INABILITY TO USE THE MATERIALS AND USER SUBMISSIONS ON THE WEBSITE OR ANY REFERENCE SITES, THE WEBSITE ITSELF, OR ANY OTHER INTERACTIONS WITH BCAP.biz, EVEN IF BCAP.biz OR AN AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- (b) Limitation of Damages. IN NO EVENT SHALL BCAP.biz OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD PARTY PARTNERS, LICENSORS OR SUPPLIERS’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE WEBSITE (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY, OR OTHERWISE) EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100 USD) OR FEES (IF ANY) PAID BY YOU IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE CLAIM.
- (c) Reference Sites. THESE LIMITATIONS SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF ANY PRODUCTS OR SERVICES SOLD OR PROVIDED ON ANY REFERENCE SITES OR OTHERWISE BY THIRD PARTIES OTHER THAN BCAP.biz AND RECEIVED BY YOU THROUGH OR ADVERTISED ON THE WEBSITE OR RECEIVED BY YOU THROUGH ANY REFERENCE SITES.
22. Limitations by Applicable Law; Basis of the Bargain.
- (a) Limitations by Applicable Law. CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF YOU RESIDE IN SUCH A JURISDICTION, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. THE LIMITATIONS OR EXCLUSIONS OF WARRANTIES, REMEDIES, OR LIABILITY CONTAINED IN THESE TERMS APPLY TO YOU TO THE FULLEST EXTENT SUCH LIMITATIONS OR EXCLUSIONS ARE PERMITTED UNDER THE LAWS OF THE JURISDICTION IN WHICH YOU ARE LOCATED.
- (b) Basis of the Bargain. YOU ACKNOWLEDGE AND AGREE THAT BCAP.biz HAS OFFERED ITS PRODUCTS AND SERVICES, INCLUDING, IF APPLICABLE, ENROLLMENT IN THE PROGRAM, AND ENTERED INTO THESE TERMS IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND BCAP.biz, AND THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND BCAP.biz. YOU ACKNOWLEDGE AND AGREE THAT BCAP.biz WOULD NOT BE ABLE TO PROVIDE THE WEBSITE TO YOU OR, IF APPLICABLE, OFFER YOU ENROLLMENT IN THE EDUCATIONAL PROGRAM, ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS.
23. Digital Millennium Copyright Act Compliance.
If you are a copyright owner or an agent thereof, and believe that any User Submission or other Non-BCAP.biz Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our copyright agent with the following information in writing (see 17 U.S.C § 512(c)(3) for further detail):
- (a) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- (b) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the website are covered by a single notification, a representative list of such works from the website;
- (c) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit BCAP.biz to locate the material;
- (d) Information reasonably sufficient to permit BCAP.biz to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
- (e) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- (f) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- (a) Notice. When you visit the website you are communicating with BCAP.biz electronically. You consent to receive communications from BCAP.biz electronically. Although we may choose to communicate with you by regular mail, BCAP.biz may also choose to communicate with you by e-mail or by posting notices on the website. You agree that all agreements, notices, disclosures and other communications that BCAP.biz provides to you electronically satisfy any legal requirement that such communications be in writing. BCAP.biz may provide you with notices, including those regarding changes to these Terms, by email, regular mail, or postings on the website. If Notice is by e-mail or mail, it will be provided to the e-mail or regular mailing address provided by you with your account information and it is your responsibility to update such account information for any changes. Notice to you will be deemed given twenty-four hours after email is sent, unless BCAP.biz is notified that the email address is invalid, and if through postal mail, three days after the date of mailing. You may provide BCAP.biz with notices only by mail to the address indicated in subsection (l) below.
- (b) Notify us of acts contrary to the Agreement. If you believe that you are entitled or obligated to act contrary to this Agreement under any mandatory law, you agree to provide us with detailed and substantiated explanation of your reasons in writing at least 30 days before you act contrary to this Agreement, to allow us to assess whether we may, at our sole discretion, provide an alternative remedy for the situation, though we are under no obligation to do so.
- (c) Arbitration. Any dispute between you and BCAP.biz arising out of or in connection with these Terms, the website and/or the educational program shall be resolved solely and exclusively by confidential binding arbitration of our choosing using Commercial Rules of Arbitration applicable at the time of the commencement of the arbitration and heard before one arbitrator. You and BCAP.biz shall attempt to mutually select the arbitrator. In the event we are unable to mutually agree, the arbitrator shall be selected by BCAP.biz. The prevailing party will be entitled to reasonable attorneys’ fees, in addition to any other relief to which that party may be entitled.
- (d) Waiver. A provision of these Terms may be waived only by a written instrument executed by the party entitled to the benefit of such provision. The failure of BCAP.biz to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision.
- (e) Severability. If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
- (f) Assignment. The Terms and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by BCAP.biz without restriction. Any assignment attempted to be made in violation of these Terms shall be void.
- (g) No Agency. You agree that no joint venture, partnership, employment, or agency relationship exists between you and BCAP.biz as a result of these Terms or use of the website. You further acknowledge that by submitting User Submissions or other Non-BCAP.biz Content, no confidential, fiduciary, and contractually implied or other relationship is created between you and BCAP.biz other than pursuant to these Terms and the terms of any other written agreement entered into between you and BCAP.biz pursuant to your enrollment in the educational program, if applicable.
- (h) Survival. Sections 5, 6, 17, 19, 20, 21, 22, 23 and 24 will survive any termination of these Terms or your account whether by you or BCAP.biz.
- (i) Headings. The heading references herein are for convenience purposes only, do not constitute a part of these Terms, and shall not be deemed to limit or affect any of the provisions hereof.
25. Entire Agreement.
These terms and any applicable written agreement executed by you and BCAP.biz in connection with the program constitute the entire agreement between you and BCAP.biz relating to the subject matter herein and supersede all previous communications, representations, understandings and agreements, either oral or written, between the parties with respect to said subject matter. These Terms shall not be modified except in writing, signed by both parties, or by a change to these Terms or Guidelines made by BCAP.biz as set forth in Section 3 above.
YOU AGREE THAT ANY CAUSE OF ACTION BROUGHT BY YOU ARISING OUT OF OR RELATED TO THE WEBSITE OR THE PROGRAM MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
27. Export Control.
Your use of BCAP.biz website and services, including our software, is subject to export and re-export control laws and regulations, including the Export Administration Regulations (“EAR”) maintained by the United States Department of Commerce and sanctions programs maintained by the Treasury Department’s Office of Foreign Assets Control. You shall not — directly or indirectly — sell, export, re-export, transfer, divert, or otherwise dispose of any software or service to any end-user without obtaining the required authorizations from the appropriate government authorities. You also warrant that you are not prohibited from receiving US origin products, including services or software.
28. Services Availability.
For as long as BCAP.biz continues to offer the Services, we shall provide and seek to update, improve and expand the Services. As a result, we allow you to access our services as it may exist and be available on any given day and have no other obligations, except as expressly stated in this Agreement. We may modify, replace, refuse access to, suspend or discontinue BCAP.biz, partially or entirely, or change and modify prices for all or part of the Services in our sole discretion. All of these changes shall be effective upon their posting on our site or by direct communication to you unless otherwise noted. We further reserves the right to withhold, remove and or discard any content available as part of your account, with or without notice if deemed by us to be contrary to this Agreement. For avoidance of doubt, we have no obligation to store, maintain or provide you a copy of any content that you or other Users provide when using the Services.
29. No Injunctive Relief.
In no event shall you seek or be entitled to rescission, injunctive or other equitable relief, or to enjoin or restrain the operation of the Service, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Services or any content or other material used or displayed through the Services.
30. Amendments to this Agreement.
We reserve the right to modify, supplement or replace the terms of the Agreement, effective upon posting at BCAP.biz or notifying you otherwise. If you do not want to agree to changes to the Agreement, you can terminate the Agreement at any time.
31. No informal waivers, agreements or representations.
Our failure to act with respect to a breach of this Agreement by you or others does not waive our right to act with respect to that breach or subsequent similar or other breaches. Except as expressly and specifically contemplated by the Agreement, no representations, statements, consents, waivers or other acts or omissions by any Affiliate shall be deemed legally binding on any Affiliate, unless documented in a physical writing hand signed by a duly appointed officer of BCAP.biz.
- Mutual rights of termination.
You may terminate this Agreement, for any or no reason, at any time, with notice to BCAP.biz. This notice will be effective upon our processing your notice. We may terminate the Agreement for any reason or no reason, at any time, with or without notice. This cancellation shall be effective immediately or as may be specified in the notice. For avoidance of doubt, only we or the party paying for the services may terminate your access to any Services. Termination of your account includes disabling your access to the website and may also bar you from any future use of the website.
- Misuse of the Services.
We may restrict, suspend or terminate the account of any User who abuses or misuses the Services. Misuse of the Services includes abusing the messaging services; creating multiple or false profiles; using the Services commercially without our authorization, infringing any intellectual property rights, or any other behavior that we, in our sole discretion, deems contrary to its purpose. In addition, and without limiting the foregoing, we have adopted a policy of terminating accounts of Users who, in our sole discretion, are deemed to be repeat infringers under the United States Copyright Act.
- Effect of Termination.
Upon the termination of your account, you lose access to the Services. In addition, we may block access to the Services from an IP address or range of IP addresses associated with those of terminated Users.
34. Choice of Law.
Except for any Disputes relating to intellectual property rights, obligations or any infringement claims, any disputes with BCAP.biz arising out of or relating to the Agreement (“Disputes”) shall be governed by Delaware law regardless of your country of origin or where you access the website, and notwithstanding of any conflicts of law principles and the United Nations Convention for the International Sale of Goods.
Last Updated: April 15, 2010