TERMS AND CONDITIONS OF USE (WEBSITE)

This page describes the terms and conditions that govern your use of the BoardSuited, LLC (“BoardSuited”) website(s) (boardsuited.org) including subscriptions to BoardSuited publications, news-letters, web conferences, video content and the like (collectively the “Site”).

Please see BoardSuited’s Privacy Notice for information on BoardSuited’s data collection practices.

For more information, please contact info@boardsuited.com.

1. GENERAL

1.1 By choosing to use the Site, you are agreeing to abide by all of the terms and conditions of these Terms and Conditions of Use (the “Terms”) between you and BoardSuited.

1.2 We may change, add or remove portions of these Conditions of Use at any time, which shall become effective immediately upon posting. It is your responsibility to review these Terms prior to each use of the Site and by continuing to use this Site, you agree to any changes.

1.3 These Terms govern the access or use by you, an individual, from within the United States and its territories and possessions, or any other country or territory worldwide, of the Site. PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE SITE. In these Terms, the words “including” and “include” mean “including, but not limited to.”

Your access and use of the Services constitutes your agreement to be bound by these Terms, which establishes a contractual relationship between you and BoardSuited. If you do not agree to these Terms, you may not access or use the Site. BoardSuited may immediately terminate these Terms with respect to you, or generally cease offering or deny access to the Site or any portion thereof, at any time for any reason.

Supplemental terms may apply to certain services, such as policies for use of BoardSuited’s e-learning programs, a particular event, activity or promotion, and such supplemental terms will be disclosed to you in connection with the applicable service(s). Supplemental terms are in addition to, and shall be deemed a part of, the Terms for the purposes of the applicable service(s). Supplemental terms shall prevail over these Terms in the event of a conflict with respect to the applicable services.

2. CONTENT ON THE SITE

2.1 The contents of the Site are intended for your personal, noncommercial use. All materials published on the Site (including, but not limited to news articles, photographs, images, illustrations, audio clips and video clips, also known as the “Content”) are protected by copyright, and exclusively owned or controlled by BoardSuited or the party credited as the provider of the Content. You shall abide by all additional copyright notices, information, or restrictions contained in any Content accessed through the Site.

2.3 You may download or copy the Content and other downloadable items displayed on the Site for personal use only, provided that you maintain all copyright and other notices contained therein.

2.3 The Services and all rights therein are and shall remain BoardSuited’s property or the property of BoardSuited’s licensors. Neither these Terms nor your use of the Site convey or grant to you any rights: (i) in or related to the Site except for the limited license granted above; or (ii) to use or reference in any manner BoardSuited’s company names, logos, product and service names, trademarks or services marks or those of BoardSuited’s licensors.

3. USER-GENERATED CONTENT, COMMENTS, AND SUBMISSIONS

3.1 You are solely responsible for the content of your Submissions to the Site. You shall not upload to, or distribute or otherwise publish to the Site, any libelous, defamatory, obscene, pornographic, abusive, or otherwise illegal material.

You agree that you will not threaten or verbally abuse other users of the Site, use defamatory language, or deliberately disrupt discussions with repetitive messages, meaningless messages or “spam.”

You agree not to use language that abuses or discriminates on the basis of race, religion, nationality, gender, sexual preference, age, region, disability, etc. Hate speech of any kind is grounds for immediate and permanent suspension of access to all or part of the Site.

3.2 Without the express approval of BoardSuited, you may not distribute or otherwise publish any material containing any solicitation of funds, advertising or solicitation for goods or services through the Site.

3.3 You acknowledge that any submissions you make to the Site (i.e., user-generated content including but not limited to: comments, forum messages, reviews, text, video, audio and photographs, as well as computer code and applications) (each, a “Submission”) may be edited, removed, modified, published, transmitted, and displayed by BoardSuited and you waive any rights you may have in having the material altered or changed in a manner not agreeable to you.

3.4 You grant BoardSuited a perpetual, nonexclusive, world-wide, royalty free, sub-licensable license to Content you submit to the Site, which includes without limitation the right for BoardSuited or any third party it designates, to use, copy, transmit, excerpt, publish, distribute, publicly display, publicly perform, create derivative works of, host, index, cache, tag, encode, modify and adapt (including without limitation the right to adapt to streaming, downloading, broadcast, mobile, digital, thumbnail, scanning or other technologies) in any form or media now known or hereinafter developed, any submission posted by you on or to the Site.

4. USE OF THE SITE; REGISTRATION AND SECURITY

4.1 You may not access parts of the Site to which you are not authorized. Being exposed to advertising is a condition of accessing the Site.

4.2 The Site may contain links to other related World Wide Web Internet sites, resources, and advertisers. Since BoardSuited is not responsible for the availability of these outside resources, or their contents, you should direct any concerns regarding any external link to such site.

4.3 As part of the registration or account creation process, you will create login credentials by selecting a password and providing an e-mail address. Each registration is for a single user only. You are not allowed to share your registration login credentials or give your login credentials to anyone else. You are responsible for maintaining the confidentiality of your password.

4.4 Please notify BoardSuited of any known or suspected unauthorized use(s) of your account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password or credit card information.

4.5 You must be 13 years or older to subscribe to or access any part of the Site.

4.6 You agree and consent to our collection and use of personal information in connection with the Site, as provided in our Privacy Notice.

4.7 You may not: (i) remove any copyright, trademark or other proprietary notices from any portion of the Site; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Site except as expressly permitted by BoardSuited; (iii) decompile, reverse engineer or disassemble the Site except as may be permitted by applicable law; (iv) link to, mirror or frame any portion of the Site; (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Site or unduly burdening or hindering the operation and/or functionality of any aspect of the Site; or (vi) attempt to gain unauthorized access to or impair any aspect of the Site or its related systems or networks.

5. REPRESENTATIONS AND WARRANTIES

5.1 BoardSuited does not represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information displayed, uploaded, or distributed through the Site by any user, information provider or any other person or entity. You acknowledge that any reliance upon any such opinion, advice, statement, memorandum, or information shall be at your sole risk.

5.2 THE SITE IS PROVIDED “AS IS” AND “AS AVAILABLE.” BOARDSUITED DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, BOARDSUITED MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF THE SITE OR ANY SERVICES OR GOODS REQUESTED THROUGH THE USE OF THE SITE, OR THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE. BOARDSUITED DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF THIRD PARTY PROVIDERS. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SITE, AND ANY SERVICE OR GOOD REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.

5.3 BOARDSUITED SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY, OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE SITE, EVEN IF BOARDSUITED HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BOARDSUITED SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE SITE OR YOUR INABILITY TO ACCESS OR USE THE SITE; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY THIRD-PARTY PROVIDER, EVEN IF BOARDSUITED HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BOARDSUITED SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND BOARDSUITED’S REASONABLE CONTROL.

 

5.4 You agree to indemnify and hold BoardSuited and its officers, directors, employees, and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys’ fees), arising out of or in connection with: (i) your use of the Site or services or goods obtained through your use of the Site; (ii) your breach or violation of any of these Terms; (iii) BoardSuited’s use of your User Content; or (iv) your violation of the rights of any third party, including any third party providers.

6. GOVERNING LAW; JURISDICTION

6.1 These Terms have been made and shall be construed and enforced in accordance with the laws of the United States of America and the State of New Jersey as an agreement wholly performed therein without regard to their conflict of law provisions and the United Nations Conventions on Contracts (if applicable).

6.2 Any claim or cause of action arising out of or related to use of the Services or these Terms must be filed within one year after such claim or cause of action arose or be forever barred. Any claim by you that may arise in connection with these Terms will be compensable by monetary damages which shall under no circumstances exceed the amount you have paid for BoardSuited’s products, services or online e-learning programs and you will in no event be entitled to injunctive or other equitable relief. You also hereby expressly waive any right to resort to any form of class action.

7. TERMINATION

7.1 You may terminate your account at any time by sending written notice info@boardsuited.com. Upon termination, you will receive a confirmation via e-mail that the cancellation was processed, and your access will be suspended within 48 hours.

7.2 BoardSuited may, in its sole discretion, terminate or suspend your access to all or part of the Site for any reason, including, without limitation, breach or assignment of these Terms.

8. OTHER PROVISIONS

8.1 These Terms of Service have been made in and shall be construed and enforced in accordance with New Jersey law. Any action to enforce these Terms of Service shall be brought in the federal or state courts located in New Jersey.

8.2 Nothing in these Terms of Service will serve to preempt the promises made in our Privacy Policy.

8.3 Correspondence should be sent to info@boardsuited.com.