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Terms and Conditions

Effective/Last Updated: May 25, 2018

BNI ®

TERMS OF SERVICE

BNI Global, LLC (“BNI”, “our” or “we”) operates bni.com (“Site”) and is making it available to you subject to these evolving Terms of Service (“ToS“). The ToS govern your access to and use of BNI’s services available via the Site. The Site includes BNI’s related websites, SMS, APIs, email notifications, applications, buttons, widgets, ads, commerce services, and any other related services that can be accessed via our Site or that link to these ToS (collectively, the “Services“), and any information, text, links, graphics, photos, videos, or other materials or arrangements of materials uploaded, downloaded or appearing on the Services (collectively referred to as “Content“). By using the BNI Site and Services you agree to be bound by these ToS. Since these ToS are evolving, expect frequent changes to them, and with such changes, your use, rights and privacy expectations may also change.

In the event of inconsistency between any terms of this contract and any translation into another language, the English version will control and prevail on any question of interpretation or otherwise.

 

1. Who May Use the Services.

If the law in your jurisdiction allows you to enter into agreements with third parties, you agree to these ToS then you can use the Site and Services. However, if your mind is legally incapacitated (mental disability, intoxication, under the age of 18, etc.) for any reason, then you are not allowed to use the BNI Site and Services. For those who are accepting these ToS and using the BNI Site and Services on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so.

 

2. Privacy.

Our Privacy Policy, accessible at https://www.bni.com/privacy-policy, describes how we collect, process, store and share the information you provide to us when you use our BNI Site and Services. You acknowledge that through your use of the Services, your personal data will be collected and used (as set forth in the Privacy Policy), including the transfer of your data to the United States, United Kingdom, and/or other countries for storage, processing and use by BNI, its franchisees and members, and its affiliates.

 

3. Content on the Services.

You are responsible for your use of the BNI Site and Services and for any Content you provide, including compliance with applicable laws, rules, and regulations. Don’t hit the submit/send button, unless you are prepared to be held accountable for your Content.

Like with any content published via the Internet, you must consider the source of the Content or materials before using or relying upon it. Your use of the Content and BNI Site are at your own risk.

BNI is an intellectual property owner and understands the costs and expenses in developing and maintaining intellectual property. BNI also respects the intellectual property rights of others and expects its users of the BNI Site and Services to do the same. We reserve the right to remove Content alleged to be infringing without prior notice, at our sole discretion, and without liability to you. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us, as summarized for you in our Digital Millennium Copyright Act (“DMCA”Copyright Infringement Report and Counter Notice forms. Here you will find BNI’s instructions for reporting copyright infringement to it, and responding to infringement allegations against you by others. We will respond to notices of alleged trademark and other intellectual property infringement that comply with applicable law and are properly provided to us, as described in our Trademark Infringement Report and Counter Notice forms. Here you will find BNI’s instructions for reporting trademark infringement to it, and responding to infringement allegations against you by others.

Users of the Services will operate in a lawful, ethical and professional manner. Users shall conduct themselves in a fair, responsible and businesslike manner at all times and will avoid any discourteous, deceptive, misleading or unethical practices. You are solely responsible for any comments or posts you leave on our Site, blogs or any BNI site. BNI does not control content posted and does not guarantee the accuracy, integrity or quality of the content. In using the Site or the Services you may be exposed to content that you may find offensive, indecent or objectionable. Under no circumstances will BNI be liable in any way for any content, including but not limited to any errors or omissions in any content or any loss or damage of any kind incurred as a result of the use of any content posted or otherwise made available via the Site or the Services.

Examples of unethical or unlawful activities include, but are not limited to the following:

  • False, misleading or disparaging statements of any kind including but not limited to about BNI or its affiliated entities or any person or entity using the Site or the Services;
  • Any unauthorized use of the name, logo, trademark or copyrighted material of BNI, its affiliated entities or any other person or entity;
  • Violation of any federal, state or local laws or regulations;

“Spamming” is the abuse of electronic messaging systems to indiscriminately send unsolicited bulk messages. While the most widely recognized form of spam is e-mail spam, the term is applied to similar abuse in other media, such as but not limited to, instant messaging, Usenet newsgroups, web search engines, spam in blogs, wiki spam, mobile phone messaging spam, Internet forum spam, and junk fax transmissions.

Spamming is strictly prohibited by BNI and will result in the immediate termination of your account. Spamming may also be illegal under applicable laws and may subject you to civil or criminal penalties.

Your use of software made available via a BNI Site is subject to any applicable license agreement or user agreement or the documentation that accompanies or is included with the software (“License Terms“). In the event that software that is provided on or through a BNI Site and is not licensed for your use through License Terms specific to the software, you may use the software subject to the following: (a) the software may not be modified or altered in any way; and (b) the software may not be redistributed.

BNI has the right (but not the obligation) in its sole discretion to screen, refuse, move or remove any content that violates the ToS or is otherwise objectionable.

You bear all risks associated with the use of any content on the BNI Site or in connection with the Services including any reliance on the accuracy, completeness, or usefulness of such content.

You acknowledge that BNI may access, preserve and disclose your information if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the provisions of this ToS; (c) respond to claims that any content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of BNI, its users and the public.

The Services and software embodied within the Service may include security components that permit digital materials to be protected. The use of these materials is subject to usage rules set by BNI and/or its technology providers. You may not attempt to override or circumvent any of the usage rules embedded in the Services.

A. Fees and Payments

When you order a service you have an opportunity to review and accept the fees that will be charged. Prices, availability, and other purchase terms are subject to change. BNI reserves the right without prior notice to discontinue or change specifications and prices on services offered on and outside of the BNI Site without incurring any obligation to you. All fees may be subject to taxes.

You are responsible for providing true, accurate, current, and complete information when ordering services through the BNI Site or otherwise. If you use the BNI Site or other means to purchase a service, payment must be received prior to acceptance of an order. BNI may need to verify information you provide before BNI accepts your order, and may cancel or limit your order any time after it has been placed. Subject to applicable membership policies, if payment has already been made and your order is cancelled or limited, BNI will refund any payment you made for the service that will not be delivered due to cancellation or limitation of an order in the same tender as the original purchase.

If, for any reason, your credit card company declines or otherwise refuses to pay the amount owed for the service you have purchased, you agree that we may, at our option, suspend or terminate delivery of service and may require you to pay any overdue amounts incurred (including third-party chargeback fees or penalties) by other means acceptable to us. In the event legal action is necessary to collect on balances due, you agree to reimburse us for all expenses incurred to recover sums due, including attorney fees and other legal expenses.

Purchases of other products and services through the BNI Site may be subject to other terms and conditions that are presented to you at the time of purchase.

B. No Automated Querying.

You may not send automated queries of any sort to the BNI Site or its systems without express written permission in advance from BNI.

C. Intellectual Property.

All content included on the BNI Site and in connection with the Services such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations and software, is the property of BNI or its content suppliers and is protected by international copyright laws. All software used on the Site is the property of BNI or its software suppliers and is protected by international copyright laws. All of the trademarks, service marks, logos, brand and trade names appearing on the Site are the proprietary intellectual property of the owners of such marks, logos or names and you may not use, modify, remove or otherwise infringe any of such proprietary intellectual property. BNI retains full ownership rights with respect to the Site and the Services including but not limited to design, functionality, and documentation. You may not copy, edit, or reproduce any part of the Site or the Services.