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Mandatory Terms of Use

Effective Date: 10.31.08

YOU MUST AGREE TO THIS MANDATORY TERMS OF USE AGREEMENT BEFORE USING THIS WEBSITE.

BNI Enterprises, Inc. (hereinafter “BNI”) provides this website and website-related services (collectively, the "Website") subject to your compliance with the mandatory terms of use set forth in this agreement (the "Agreement"). This Agreement, and the terms and conditions listed in the Privacy Policy, govern the relationship between BNI and you, the Visitor, with respect to your use of the Website. YOUR USE OF THE WEBSITE BINDS YOU TO THESE MANDATORY TERMS OF USE AND THE TERMS AND CONDITIONS CONTAINED IN THE PRIVACY POLICY. If you do not agree to these Mandatory Terms of Use, you must not use the Website.

As used in this Agreement, the words “you” and “your” refer to any person accessing the BNI Website. The words “we,” “us,” and “our” refer to BNI.

BNI may, at any time and in our sole discretion, revise or update this Agreement by posting an amended Agreement on the Website. Any changes that are made to this Agreement will be effective immediately upon posting. Please check this page periodically for changes to the Agreement. Your use of the Website following the posting of an updated Agreement constitutes acceptance of the last updated Agreement.

Further, BNI reserves the right, at any time, to modify or discontinue, temporarily or permanently, the Website (or any part thereof) without notice to you. You agree that BNI shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Website, or of any Materials (as defined below).

If you have any questions about this Agreement, please contact us at BNI@BNI.com.

SITES COVERED
This Agreement applies to the BNI Website located within the BNI.com domain, as well as various other BNI controlled websites that link to this Agreement.

LICENSE TO USE WEBSITE
BNI hereby grants you a limited, non-exclusive license to access the Website subject to and in accordance with the mandatory terms of use of this Agreement. The Mandatory Terms of Use impact your legal rights and responsibilities and should be read carefully. Any violation of the terms or conditions of this Agreement is grounds for immediate termination of this limited license. If you do not agree to these Mandatory Terms of Use, discontinue your use of this website immediately.

IMPORTANT NOTICES/DISCLAIMER
BNI makes available the information and materials on the Website, including but not limited to summaries, descriptions, publications, BNI News, SuccessNet, BNI Founder’s Award, the BNI Foundation, surveys, articles, seminars, information regarding BNI members, tutorials and any other such materials appearing on the Website (the "Materials"), for general informational purposes only.

The Materials are not intended to constitute, and DO NOT constitute, financial, investment, medical, legal or business advice. Those accessing the Materials should not act upon them without first seeking business legal, financial, medical or other such counsel, as these Materials are general in nature, and may not apply to a particular circumstance. As such, the Materials should not be used as a substitute for consultation with a professional adviser. Please consult a professional adviser should you have questions regarding any of the above mentioned issues. Neither BNI, nor its affiliates, employees, agents, officers or directors will be responsible for any decisions you may make.

The Web site may contain typographical errors or inaccuracies, including but not limited to errors or inaccuracies related to price, product information, product description or availability, and may not be complete or current. BNI therefore reserves the right to correct any errors, inaccuracies or omissions (including after any order has been submitted, confirmed and/or charged to your credit card) and to change or update information at any time without prior notice. Please note that such errors, inaccuracies or omissions may relate to pricing and availability, and we reserve the right to cancel or refuse to accept any order placed based on incorrect pricing or availability information.

We have made every effort to display as accurately and reliably as possible the colors, sizes, dimensions, materials, textures, and all other physical aspects (“Depiction”) of the goods that appear on the Website. However, we cannot guarantee, and make no warranty, promise, or agreement that any depicted or described product actually comports with its Depiction or description.

Any price quotation, service information or any other such information regarding the provision of and fees for any goods or service offered by BNI are provided purely for informational and illustrative purposes. BNI does not guarantee, and makes no warranty, promise, or agreement that any depicted or described goods or services are actually offered or comports with its description on the Website. BNI reserves the right to cease offering any such services or benefits to any prospective or actual member or customer at any time, in all cases without notice or liability.

AVAILABILITY OF SERVICE
While BNI makes reasonable efforts to ensure that the Website is available at all times, BNI does not guarantee, represent or warrant that access to the Website will be uninterrupted or error-free, and BNI does not guarantee that users will be able to access or use all or any of the Website features at all times.

BNI may change, suspend or discontinue any (or all) aspects of the Website at any time, including the availability of any Website feature. BNI may also impose limits on the use of or access to certain features or portions of the Website, or restrict your access to any part or all of the Website, in all cases without notice or liability. You are prohibited from attempting to or actually accessing those portions of the Website for which you have no permission.

RULES OF CONDUCT
You agree to comply with all applicable laws, rules and regulations in accessing and/or using the Website and/or any Materials. In addition, your use of the Website is conditioned on your compliance with the within rules of conduct as well as all other terms of the Agreement.

You agree not to use the Website for any unlawful or fraudulent purpose, including impersonating any person or entity, including, but not limited to, any BNI employee, agent, or representative; or expressing or implying that BNI endorses any statement you make.

You also may not modify, adapt, translate, copy, reverse engineer decompile or disassemble any portion of the Website or Materials. Further, you may not interfere with or disrupt the operation of the Website, including restricting or inhibiting any other person from using the Website by means of hacking, or defacing any portion of the Website. Further, transmitting or otherwise making available in connection with the Website any virus, worm, Trojan horse, root kit or other harmful code is prohibited. Moreover, you may not interfere with or violate any other Website visitor's or user's right to privacy or other rights, or harvest or collect personally identifiable information about Website visitors or users, or about BNI employees or other individuals identified on the Website, without their express written consent.

You are also proscribed from selling, reselling, transferring, licensing or exploiting for any commercial purposes any use of or access (including sharing of passwords and login information) to the Website or the Materials. Finally, you may not frame, mirror, in-line link to, or make other similar use of, all or any part of the Website or the Website’s content, including BNI’s or any other party’s intellectual property therein, without our prior express written authorization.

To the extent that you may access or download any software that is made available through BNI from the Website ("Software"), such Software is the copyrighted work of BNI and/or its various third party licensors. Your use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software. You may not install or use any Software that is accompanied by or includes such an end user license agreement unless You first agree to the terms of such agreement. Any warranty applicable to the Software will be specified in the terms of the License Agreement and no additional warranties are provided herein. If you have any inquiries concerning these terms, please consult BNI before accessing any programs

YOU UNDERSTAND AND AGREE THAT ANY UNAUTHORIZED USE OF ANY WEBSITE MATERIALS OR SOFTWARE WILL BE SUBJECT TO STIPULATED DAMAGES IN THE AMOUNT OF $50,000, TOGETHER WITH ANY OTHER REMEDIES AVAILABLE TO BNI AT LAW OR EQUITY.

CONTENT SUBMITTED OR MADE AVAILABLE TO BNI
The Website may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.

BNI will not claim ownership of any data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials (“Content”) you submit or make available for inclusion through any Communication Service. However, by agreeing to the Mandatory Terms of Use, you hereby grant BNI a worldwide, royalty-free, nonexclusive, unrestricted, sub-licensable, perpetual, irrevocable license to BNI to use, distribute, reproduce, modify, adapt, create derivative work from, publish, translate, publicly perform, publicly display the Content (in whole or in part) and to incorporate such Content into other works in any format or medium now known or later developed, for any purpose whatsoever, commercial or otherwise, without providing compensation to you or any person, without any liability whatsoever. You further expressly permit, license, and assent to BNI’s right to register, deposit, or otherwise record any modification or derivative work created by BNI from the Content with any foreign or domestic registrations body, including but not limited to the United States Copyright Office or the United States Patent and Trademark Office. You further hereby expressly and irrevocably waive all moral rights in the Content, in favor of BNI and any of its successors or assigns.

By submitting any documents, comments, questions, suggestions, plans, notes, drawings, ideas, proposals, or materials similar thereto (“Submissions”) to BNI, through any Communication Service, you hereby explicitly agree that: (a) your Submissions do not contain confidential or proprietary information; (b) your Submissions automatically become the property of BNI without any obligation of BNI to you; (c) BNI is not under any obligation of confidentiality relating to the Submissions, either express or implied; (d) BNI shall be entitled to use or disclose the Submissions in any way, manner, purpose or otherwise, worldwide; (e) BNI may have under consideration or development similar ideas to the Submissions; and (f) you are not entitled to any compensation or reimbursement of any kind from BNI in exchange for the Submissions.

You agree not to upload, distribute, make available, or otherwise publish through any Communication Service any Content that:

  • contains a virus, corrupt file, or any other similar software of programs which may damage the operation of another’s computer;
  • is unlawful or encouraging of another to commit unlawful activity;
  • violative of the rights of any party, infringing upon the patent, trademark, trade secret, copyright, or other intellectual or proprietary property right of any party;
  • defamatory, libelous, obscene, pornographic, indecent, lewd, inappropriate, invasive of privacy or publicity rights, abusing, threatening, harassing, threatening, or otherwise objectionable;
  • Constitutes advertisements or offers to sell or buy goods or services of any kind, unless authorized by BNI;
  • Contains a survey, contest, pyramid scheme or chain letter;
  • May restrict of inhibit any other user from using the Communication Services; or
  • Violate any rules of conduct which may be applicable to a particular Communication Service.

 

BNI retains the right, but not the obligation, to monitor any activity and Content submitted, posted, uploaded, or otherwise communicated to any Communication Service. BNI may block, edit, or remove any Content it deems to be violative of this Agreement, or any other Content of Submissions that BNI deems, in BNI’s sole discretion, to be objectionable or in any way not in furtherance of the goals or purposes of BNI, the Website or the particular Communication Service. However, BNI takes no responsibility and assumes no liability for any Content posted by you, or any damage caused by another user’s access to such content on the any Communication Service, whether before or after any removal of such Content by BNI. BNI in no way endorses any Content posted to any Communication Service.

Further, BNI may access and use the Website and any Communication Service and any information stored thereon, including the contents of any Content of Submissions, for any lawful purpose. Further, BNI may disclose the contents of any Content or Submissions to any third party, including any law enforcement agency, to protect our rights or property, or for any other reason.

BNI’S INTELLECTUAL PROPERTY RIGHTS
The Materials, the Website and its downloadable contents are protected by the copyright laws of the United States and other jurisdictions. You recognize that while some of the Materials available on the Website may be compiled from publicly available sources, the compilation of such materials represents protectable effort and expression exerted by BNI, and you agree not to contest same. You may print and/or download a copy of any part of the Website for your personal, non-commercial use, but you may not copy, distribute, make commercial use of or otherwise exploit any part of the Materials or the Website for any other purpose without the express written consent of BNI, and you may not modify any part of the Website for any reason. Inclusion of any part of the Website in another work, whether in printed, electronic or other form, or inclusion of any part of the Website in another website by linking, framing, in-line linking, or otherwise, is strictly prohibited without agreeing to BNI’s Mandatory Terms of Use and obtaining BNI’s prior express written authorization. Additionally, you may not remove any trademark, copyright, or other rights notice which appears on the Website.

The trademarks, service marks, logos and any designs used or displayed on the Website specific to BNI are trademarks and/or service marks owned by BNI. Any use of copyrighted works, trademarks or service marks, including the reproduction, modification, distribution or republication of same without the prior express written permission of BNI is strictly prohibited. Other copyrighted works, trademarks, service marks, trade names and company logos utilized on the Website are the property of their respective owners. All rights reserved. The appearance of any such third party trademarks does not in any way imply any connection, license, approval or other such relationship of any kind with such third party.

The website may also contain samples of BNI’s programs for informational purposes. These programs cannot be used for any commercial purpose. Moreover, certain technology and programs may be subject to intellectual property rights, and any unauthorized use is strictly prohibited.

BNI can be reached by directing communications to:

BNI
545 College Commerce Way
Upland, CA 91786
1-800-825-8286 (Outside Southern California)
1-909-608-7575 (Inside Southern California and International Calls)
1-909-608-7676 (Fax)
BNI@BNI.com

DIGITAL MILLENIUM COPYRIGHT ACT
If you believe that any Content, Submission, or other material posted on the Website infringes the copyright in your work, please contact our copyright agent, designated under the Digital Millennium Copyright Act (“DMCA”) (17 U.S.C. §512(c)(3)), with correspondence containing the following:

  • A physical or electronic signature of the owner, or a person authorized to act on behalf of the owner, of the copyright that is allegedly infringed;
  • Identification of the copyrighted work claimed to have been infringed;
  • Identification, with information reasonably sufficient to allow its location of the material that is claimed to be infringing;
  • Information reasonably sufficient to permit BNI to contact you;
  • A statement that you have 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,
  • A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

You acknowledge that if you fail to comply with all of the requirements of this Section, your DMCA notice may not be valid. For any questions regarding this procedure, or to submit a complaint, please contact BNI’s designated DMCA Copyright Agent:

Adam R. Bialek
Wilson, Elser, Moskowitz, Edelman & Dicker LLP
3 Gannett Drive
White Plains, NY 10604
Adam.Bialek@wilsonelser.com
Phone: 914-323-7000
Fax: 914-323-7001

ENFORCEMENT OF THE AGREEMENT
BNI may investigate any reported, alleged or suspected violation of this Agreement, and take any action that BNI, in its sole discretion, deems appropriate. Such action may include issuing warnings, suspension of a user’s access to the Website or complete termination of such access, at any time. BNI reserves the right to recover those amounts spent in connection with enforcement, from any violation of these terms.

LIMITATION OF LIABILITY AND DISCLAIMER OF WARRANTIES
IN NO EVENT SHALL BNI, ITS SUPPLIERS OR OTHER THIRD PARTIES MENTIONED ON THE WEBSITE BE LIABLE FOR ANY DAMAGES WHATSOEVER RESULTING FROM YOUR USE OR ANY OTHER INDIVIDUAL’S USE OF OR ACCESS TO THE WEBSITE OR ANY GOODS OR SERVICES CONTAINED HEREON. BNI DOES NOT WARRANT THAT ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE. ADDITIONALLY, BNI DOES NOT WARRANT THAT ANY INFORMATION TRANSMITTED BY BNI TO ANY INDIVIDUAL VIA THE WEBSITE IS ACCURATE OR EFFECTIVE. FURTHER, NEITHER BNI, NOR ANY OTHER PARTY INVOLVED IN THE CREATION, PRODUCTION OR HOSTING OF THE WEBSITE SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR USE AND/OR ACCESS TO THE WEBSITE OR ANY GOODS OR SERVICES CONTAINED HEREON. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE WEBSITE OR THE MATERIALS IS TO STOP USING THE WEBSITE OR THE MATERIALS.

WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THE WEBSITE IS PROVIDED TO YOU "AS IS" AND BNI SPECIFICALLY DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT WITH RESPECT TO THE WEBSITE, ITS CONTENTS, AND ANY GOODS OR SERVICE PROVIDED VIA THE WEBSITE.

INDEMNITY
You agree to defend, indemnify and hold harmless BNI, its affiliates and its suppliers, and each of their respective partners, employees, representatives and agents, from and against all claims, losses, costs, damages, liabilities and expenses (including, but not limited to, attorney fees) arising out of:

  • Your activities in connection with the Website;
  • Any violation of this Agreement by you;
  • Any improper or unauthorized use of the Materials by you; and
  • Any conduct, activity or action which is unlawful or illegal under any state, federal or common law, or violative of the rights of any individual or entity, engaged in, caused by, or facilitated in any way through the use of software or information which appears on the Website.
  • Any allegation that anything you transmit or attempt to transmit, including but not limited to any Content you submit, post, or otherwise make available, through or in connection with the Website infringes or otherwise violates the intellectual property, privacy or other rights of any third party.

 

To the extent that you voluntarily provide your login, password or member information to another, you agree to be bound by and responsible for their actions hereon.

SEVERABILITY
If any provision of this Agreement is found for any reason to be unlawful, void or unenforceable, then that provision will be deemed severable from this Agreement and will not affect the validity and enforceability of any remaining provision.

INCORPORATION OF PRIVACY POLICY
We use your information only as described in the Privacy Policy, which is expressly incorporated as terms of this Agreement. If you object to anything in the Privacy Policy, please do not use our services or contact us directly to determine whether a special exemption or modification may be warranted.

CHOICE OF LAW AND JURISDICTION
Unless otherwise specified, the Website and its contents are provided solely for providing information. The Website is controlled and operated by BNI from California, in the United States of America. You agree that any dispute arising under the Agreement shall be resolved exclusively by California State or federal courts, applying California law, regardless of any principles of conflicts of law. By your use, you waive any jurisdictional, venue or inconvenient forum objections to such courts for purposes of resolving these disputes.

Although the Website is available worldwide, you understand and agree that the law of your home jurisdiction may provide protections not provided in the United States, and that by visiting the Website, you unequivocally and unambiguously agree to submit and adjudicate any disputes which arise out of such use pursuant to the terms and conditions stated in this Choice of Law and Jurisdiction clause.

LINKS TO OTHER WEBSITES
The Website may contain links to other sites ("Third Party Websites"). These links are provided solely for the convenience of our users. BNI does not necessarily endorse, sanction or verify the accuracy of the information contained on Third Party Websites. Once you access a Third Party Website through a link on the Website, you are no longer covered by the Privacy Policy or Mandatory Terms of Use of the Website, and you may be subject to the Terms and Conditions and Privacy Policy of such Third Party Website. Concerns regarding a Third Party Website should be directed to the Third Party Website itself. BNI bears no responsibility for any action associated with any Third Party Website.

POLICIES FOR CHILDREN
The Website is not directed to individuals under the age of 13, nor does it contain information which would be potentially harmful to minors in any way. However, we advise all visitors to the Website under the age of 13 not to disclose or provide any Personally Identifiable Information. In the event that BNI discovers that a child under the age of 13 has provided Personally Identifiable Information to us, we will delete the child's Personally Identifiable Information in accordance with the Children's Online Privacy Protection Act of 1998. Please see the Federal Trade Commission's website for this act: http://www.ftc.gov/bcp/conline/edcams/kidzprivacy/ for more information.

Notwithstanding the foregoing, pursuant to 47 U.S.C. Section 230 (d), as amended, we hereby notify you that parental control protections are commercially available to assist you in limiting access to material that is harmful to minors. More information on the availability of such software can be found through publicly available sources. You may wish to contact your Internet Service Provider for more information.

© 2008, BNI, All rights reserved.


 

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