PLEASE READ THESE TERMS CAREFULLY BEFORE USING OUR WEBSITE. BY USING THE WEBSITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS.
Welcome to www.theboardcurators.com (the “Website”) operated by The Board Curators, LLC, a Florida limited liability company (collectively, “we”, “our”, or “us”). This Terms of Use Agreement (this “Agreement”) sets forth the legal terms and conditions that govern your access and use of our Website. By accessing this Website, you acknowledge that you reviewed, agree and consent to the terms and conditions of this Agreement and the [Privacy Policy-hyperlink] and furthermore acknowledge that you are obligated to abide by and uphold the terms and conditions of this Agreement and the Privacy Policy as well as the processing of your data as described therein, so please read them carefully.
Through this Website, you may have access to and/or use of (i) free content and information that we may provide from time to time regarding boardroom and functioning in a boardroom and (ii) information and services to help you understand what boards do, what does it mean to be board ready and what steps you can take to become board ready, delivered via workshops of varying sizes, one-on-one concierge service, skills training and other educational services that may be delivered virtually, in person or some combination thereof (collectively, the “Services”).
Children Under the Age of 13
No one under the age of 13 may provide any information to the Website. We do not knowingly collect personal information from children under 13. If you are under 13, do not (i) use or provide any information on the Website or on or through any of its features, (ii) create an account on the Website, (iii) make any purchases through the Website or (iv) provide any information about yourself to us.
Updates to this Agreement
We may from time to time change this Agreement. Such amendments will become effective when we post them on the Website, or when we otherwise provide notice to you of any amendments. You agree to be responsible for periodically checking this Agreement for updates and you understand that any revised terms supersede any previous terms of this Agreement. Your continued access and use constitutes binding acceptance of any modified Terms of Use.
Copyrights and Trademarks; Permitted Uses
You acknowledge and agree that we own or have rights to all of the content, information, materials, tools, organization and layout and any other intellectual property contained in the Website or contained in any program or service you purchase from us (collectively, the “Website Content”). Furthermore, such Website Content is protected by the US Copyright and Trademark laws which prohibit you from copying, scraping, selling, tampering, posting, transmitting or distributing the Website Content in any way, including by email, text, chat or other electronic means. Furthermore, without prior written permission, you may not create frames around our web pages that alter in any way the visual presentation or appearance of our Website.
Without our consent, you may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, re-publish, download, store or transmit the Website Content, use the Website Content on any other website or networked computer environment or use the Website Content. However, subject to your compliance with this Agreement, we grant you a personal, non-exclusive, non-transferable, revocable license to access and use the Website Content and any programs or services you purchase solely for your own personal, non-commercial use.
It shall not be a breach of this Agreement if your computer temporarily store copies of such Website Content or files in RAM or in your browser incidental to your accessing and viewing the Website. Additionally, it shall not be a breach of this Agreement to download a single copy of any application or other Website Content that we may provide to you in connection with any program or service you may purchase from us. However, in all cases, you agree that nothing in this Agreement shall be interpreted to give you any ownership rights in the Website Content. Links to Other Websites
Our Website may contain links to other websites which are operated by unaffiliated third parties. We are not responsible for the content or policies of any linked website and/or the content or policies of any website linked within those websites. The inclusion of a link on our Website does not in any way suggest an endorsement of the content or policies of that website. You agree that we make no representations or take any responsibility for such third-party sites, including, without limitation, the accuracy or quality of their content, services, data collected, advertising, and activities conducted on or through such third-party sites. YOU AGREE THAT WE SHALL NOT BE RESPONSIBLE FOR ANY HARM RELATED TO ANY THIRD PATY SITE FOR ANY DAMAGES OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH YOUR USE OR RELIANCE ON THE CONTENT OR BUSINESS PRACTICES OF ANY THIRD PARTY.
No Warranties
The Website Content and the Services are provided solely on an “as is” and “as available” basis. We disclaim all express and implied warranties regarding the Website Content and the Services, including implied warranties of merchantability or fitness for a particular purpose, security and non-infringement.
We make no warranty that the Website Content or the Services will be uninterrupted, secure, error-free, and timely or will meet your needs or requirements. We cannot guarantee that software errors will be corrected in a timely fashion, if at all. We also are in no way responsible for the online or offline conduct of other paying customers.
No oral or written information or advice given by us or our employees or agents shall create a warranty or in any way increase the scope of our obligations hereunder. You agree that you will not rely on any such information or advice.
Limitation of Damages
WE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES THAT MAY RESULT FROM THE USE OR INABILITY TO USE THE WEBSITE, INCLUDING USE OF OR RELIANCE ON INFORMATION AVAILABLE ON THE WEBSITE, DATA LOSS, INTERRUPTIONS, ERRORS, DEFECTS, MISTAKES, OMISSIONS, DELETION OF FILES, DELAYS IN OPERATION OR TRANSMISSION, NONDELIVERY OF INFORMATION, DISCLOSURE OF COMMUNICATIONS, OR ANY OTHER FAILURE OF PERFORMANCE.
IN NO CASE, SHALL OUR LIABILITY TO YOU FOR ANY AND ALL DAMAGES, LOSSES OR CAUSES OF ACTION (TORT, CONTRACT, NEGLIGENCE OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE WEBSITE IN THE PREVIOUS SIX-MONTH PERIOD.
Release and Indemnity
YOU HEREBY RELEASE AND WAIVE ANY AND ALL CLAIMS AND/OR LIABILITY AGAINST US ARISING FROM OR IN CONNECTION WITH YOUR USE OF THE WEBSITE. YOU ALSO AGREE TO DEFEND, INDEMNIFY AND HOLD US AND OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, DISTRIBUTORS AND AFFILIATES FROM AND AGAINST ANY AND ALL THIRD PARTY CLAIMS, DEMANDS, LIABILITIES, COSTS, OR EXPENSES, INCLUDING REASONABLE ATTORNEY’S FEES, ARISING FROM OR IN CONNECTION WITH (A) YOUR USE OF THE WEBSITE OR THE WESITE CONTENT, (B) YOUR FAILURE TO ABIDE BY ALL APPLICABLE LAW, INCLUDING ALL COPYRIGHT AND TRADEMARK LAWS AND (C) YOUR BREACH OF ANY OF THE AGREEMENTS, REPRESENTATIONS AND WARRANTIES CONTAINED IN THIS AGREEMENT.
Governing Law
This Agreement shall be governed by, construed and enforced in accordance with the laws of the State of Florida, without giving effect to any principles of conflicts of law. Any action you, any third party or we may bring to enforce this Agreement (or in connection with any matter related to this Website) shall be brought only in a federal or state court located in Miami-Dade County, Florida. You expressly consent to the jurisdiction of said courts and waive any objections based upon forum non conveniens. If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between the parties relating to the matters contained herein and shall not be modified except by us in writing.
Your Warranties to Us
By making use of any portion of our Website to which you have access, you agree, represent and warrant that (i) you will comply with all of the terms and conditions of this Agreement, (ii) you will not modify the Website Content under any circumstance, (iii) you will not input or merge any libelous, unlawful or infringing material or information with the Website Content (iv) you will abide by all laws in connection with your use of the Website Content including proper attribution of us as the owner of the Website Content.
In addition to the warranties above, paying customers agree to abide by the following (i) Code of Conduct and (ii) Group Learning Etiquette rules as follows:
Code of Conduct: We may remove paying customers from any program or service we offer if we deem, solely in our discretion, that such paying customer (A) is disruptive to the learning environment, (B) is dangerous to other paying customers or faculty, (C) has violated our rules or policies (such as group learning etiquette), (D) has acted in a manner that shows lack of dignity and respect for faculty and/or other paying customers, (E) has violated any of our intellectual property rights, or (F) has engaged in serious misconduct, such as plagiarism or violating confidentiality. Paying customers removed from any program or service for violations of the Code of Conduct are not eligible for refunds or eligible to purchase other any program or service.
Group Learning Etiquette: You must follow proper behavior when participating in one of our programs or services and engaging with fellow customers and faculty online or in-person, as applicable:
Do Not Record. You cannot take images, photos or videos of others, or the presentation, without express written permission nor can you share or post images, pictures or videos of students or faculty or of our learning environment without our express written permission.
Be Professional. Dress with appropriate clothes. You are responsible for your screen name, computer screen and background displayed to others. You may not display any offensive or inappropriate material on your person or your screen.
Be Respectful and Kind. Ask appropriate questions, and be willing to listen to fellow customers and engage in the constructive process. Do not dominate other customer’s opportunity to learn by asking questions that do not contribute to the learning environment. When asking questions and making comments, keep them related to the discussion at hand. Do not abuse the chat box.
Be Prepared to Learn. Arrive to class on time and come to class prepared. Refrain from checking any other websites or messages during any online session.
Eliminate Distractions. Mute yourself until you are called on to speak. Turn mobile phones off. Choose a location that will not cause distraction for you or others who will view your screen or hear your background noise during any online session.
All information including a username, password, full name, e-mail address or other required information for the purpose of accessing the Website Content (collectively, “Log-In Information”) must be kept confidential, and may be used only by you. You may not input a username with the intent of impersonating another individual or request a username that we determine, at our sole discretion and judgment, to be inappropriate or offensive.
Any unauthorized access using your Log-In Information shall be your responsibility. If you have any reason to believe that your account is no longer secure, in the event of username/password, credit card or other theft, you will promptly notify us and provide any requested information to allow us to take necessary action.
General Billing Issues
Payment. If you purchase any of our programs or services, you will be directed to our third-party payment processing platform which will handle any and all aspects of payment and collection of payment. Once paid, you will receive any email or other communication giving you next steps regarding a username and password in order to access the program or service purchased.
Payment Terms.
You shall be responsible for full payment for the purchased program or service and you accept and acknowledge your agreement to pay such charges.
Failure to Pay.
If payment cannot be collected as per our third-party payment provider or if payment is returned for any reason, we reserve the right to suspend or terminate your purchased program or service at any time. Such termination will terminate our agreement and any our obligations we may have to you.
Refund Policy.
While you may cancel your subscription or program or service at any time, there will be no refunds of any amounts previously paid. We will consider any refund request on a case-by-case basis.
No Transfer of Intellectual Property
Our copyrighted and original materials shall be provided to you for your individual use only and a single-user license. You are not authorized to use any of our intellectual property (trademarks, etc.) for your business purposes. You are not authorized to share, copy, distribute, or otherwise disseminate any materials received from us electronically or otherwise without our prior written consent. All intellectual property, including our copyrighted Program and/or course materials, shall remain our sole property. No license to sell or distribute our materials is granted or implied.
No Guarantees
We are not responsible for your results nor can we guarantee your results. You understand that the results that you may attain are based on individual skills and effort. You take responsibility to speak up and ask for any support desired during the use of our programs and services. You accept and agree that you are 100% responsible for your progress and results from use of our programs and services. You accept and agree that you are the essential element with respect to obtaining a benefit from our programs and services and we cannot control you and/or your use of these programs and services. We make no representations, warranties, guarantees, or assurances of any nature in connection with the outcome of your use of our programs and services. You accept that, because of the nature of our programs and services as well as the extent of your participation, the results experienced from customer to customer may vary significantly. You agree that we are not responsible for your outcomes.
Relationship
The relationship hereby established between us and you is solely that of independent entities. This Agreement shall not create an agency, partnership, joint venture, franchisor/franchisee or employer/ employee relationship, or fiduciary, and nothing hereunder shall be deemed to authorize either party or any other party to act for, represent or bind the other except as expressly provided in this Agreement.
Non-disparagement
In the event that a dispute arises between us, we both agree that neither will engage in any conduct or communications, public or private, designed to disparage the other.
Controlling Agreement
In the event of any conflict between the provisions contained in this Agreement and any marketing materials used by us, our representatives, or employees, the terms in this Agreement shall control.
Entire Agreement
The parties acknowledge and agree that this writing contains the entire Agreement between the parties hereto, that there are no other representations or understandings, either verbal or written, between the parties, and that this Agreement supersedes any and all prior agreements between the parties. The Agreement shall not be modified except by written agreement signed by both us and you.
Contact Us
If you have questions or comments regarding this Terms of Use Agreement, please contact us.
