TERMS AND CONDITIONS
AGREEMENT BETWEEN USER AND BORN LEADERS UNITED
Welcome to Born Leaders United. The bennygold.com website (the "Site") is comprised of various web pages operated by Born Leaders United and is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of the site constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.
Visiting bennygold.com or sending emails to Born Leaders United constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
If you use this site, you are 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. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Born Leaders United is not responsible for third party access to your account that results from theft or misappropriation of your account. Born Leaders United and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
You may not assign or transfer these Terms, by operation of law or otherwise, without Born Leaders United’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. Born Leaders United may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns. Born Leaders United does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use bennygold.com only with permission of a parent or guardian.
We have made every effort to display as accurately as possible the colors of our products on our Site. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor's display of any color will be accurate.
We want you to be completely satisfied with your order. If you’re not, let us know at firstname.lastname@example.org and we’ll make it right.
LINKS TO THIRD PARTY SITES/SERVICES
bornleadersunited.com may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of Born Leaders United not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Born Leaders United is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Born Leaders United of the site or any association with its operators.
Certain services made available via bennygold.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the bennygold.com domain, you hereby acknowledge and consent that Born Leaders United may share such information and data with any third party with whom Born Leaders United has a contractual relationship to provide the requested product, service or functionality on behalf of bennygold.com users and customers.
NO UNLAWFUL OR PROHIBITED USE/INTELLECTUAL PROPERTY
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Born Leaders United and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site without prior written permission from Born Leaders United. Products available on Born Leaders United are not intended for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Born Leaders United and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Born Leaders United or our licensors except as expressly authorized by these Terms.
USE OF COMMUNICATION SERVICES
The Site may contain bulletin board services, chat areas, news groups, social media platforms, 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.
By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded, restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.
Born Leaders United has no obligation to monitor the Communication Services. However, Born Leaders United reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Born Leaders United reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
Born Leaders United reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Born Leaders United’s sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Born Leaders United does not control or endorse the content, messages or information found in any Communication Service and, therefore, Born Leaders United specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.
Born Leaders United does not claim ownership of the materials you provide to bennygold.com (including feedback and suggestions) or post, upload, input or submit to any Born Leaders United Site or our associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Born Leaders United permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. Born Leaders United is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Born Leaders United’s sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
The Service is controlled, operated and administered by Born Leaders United from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Born Leaders United Content accessed through bornleadersunited.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
You agree to indemnify, defend and hold harmless Born Leaders United, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys' fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Born Leaders United reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Born Leaders United in asserting any available defenses.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. Born Leaders United AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
Born Leaders United AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. Born Leaders United AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
Born Leaders United reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice.
CHOICE OF LAW; ARBITRATION
These Terms are governed by and will be construed under the laws of the State of California, without regard to the conflicts of laws provisions thereof. Any dispute arising from or relating to the subject matter of these Terms shall be finally settled in San Francisco County, California, in English, in accordance with the Streamlined Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. ("JAMS") then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with such Rules. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction. Notwithstanding the foregoing obligation to arbitrate disputes, each party shall have the right to pursue injunctive or other equitable relief at any time, from any court of competent jurisdiction. For all purposes of this Agreement, the parties consent to exclusive jurisdiction and venue in the state or federal courts located in, respectively, San Francisco County, California, or the Northern District of California. Any arbitration under this Agreement will take place on an individual basis: class arbitrations and class actions are not permitted. YOU UNDERSTAND AND AGREE THAT BY ENTERING INTO THIS AGREEMENT, YOU AND COMPANY ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Born Leaders United as a result of this agreement or use of the Site. Born Leaders United’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Born Leaders United’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Born Leaders United with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Born Leaders United with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Born Leaders United with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
CHANGE OF TERMS
Born Leaders United reserves the right, in its sole discretion, to change the Terms under which bennygold.com is offered. The most current version of the Terms will supersede all previous versions. Born Leaders United encourages you to periodically review the Terms to stay informed of our updates.
Updated: April 1, 2016
INFORMATION WE GATHER OR RECEIVE
Born Leaders United will not sell or disclose your name, email address or other personal information to third parties without your explicit consent, except as specified in this policy.
Born Leaders United may require additional information, such as billing and payment information (including billing address, telephone number, credit card information), a telephone number, and/or a physical address. Credit card information on an account may be stored and used for billing purposes.
Born Leaders United automatically receives and records some information from your browser when you visit the site, such as your IP address, cookies and data about which pages you visit on the site through the use of log files provided by our third-party tracking-utility partners. This information helps us analyze and understand how the site works for customers and visitors, and provide a more personalized experience for members and visitors.
Born Leaders United may receive or collect information (for example: email address) about a person who is not yet a registered Born Leaders United customer in connection with certain Born Leaders United features, including but not limited to: a non-customer subscribing to a Born Leaders United newsletter or a non-customer asking Benny a question.
Born Leaders United uses the information described in this policy to provide and improve our services, for billing and payments, for identification and authentication purposes, to contact members or interested parties, and for general research and aggregate reporting.
CONTROLLING YOUR INFORMATION
We want you to have control over your own information, so Born Leaders United gives you the choice of providing, editing or removing certain information. You may change or correct your Born Leaders United account information at any time, such as your email address, phone number or credit card information. For various reasons, Born Leaders United may contact you about our services or your activity. Some of these messages are required, transaction-related message to customers. Other messages are not required, such as our newsletters, and you can control which optional messages you choose to receive by changing your settings in your account. If you no longer wish to use Born Leaders United’s services or receive service-related messages, please contact our support team.
MESSAGES FROM Born Leaders United
In order to fulfill orders and keep you informed, Born Leaders United will contact you. Typically, messages are delivered by email, and every account is required to keep a valid email address and phone number on file to receive messages. In some situations, Born Leaders United may contact you by telephone or physical mail in order to provide you with information about products and features you my find of interest or to provide you with customer support. You may update your contact preferences in your account settings.
Some messages from Born Leaders United are service-related and required for customers. Examples of service-related messages include, but are not limited to: a welcome/confirmation email when you register your account, confirmation of your order, or correspondence with the Born Leaders United support team. These messages are not promotional in nature. You may not opt-out of receiving service-related messages from Born Leaders United, unless you close your account.
As a customer, Born Leaders United may also send you messages related to certain features on the site or your activity. Born Leaders United may also send you news or updates about changes to our site or services. By default, customers will receive these messages via email, but you may choose to opt-out of getting certain emails under your account settings.
Born Leaders United offers optional email newsletters. When you register for an account, or choose to subscribe, you will receive newsletters from us. Newsletters are available to both customers and non-customers. Customers may subscribe or unsubscribe from optional newsletters under your account settings or by following the instructions contained in the newsletter emails. Non-customers may subscribe by providing an email address. Non-customers may unsubscribe from newsletters by following the instructions contained in the newsletter emails.
WHAT INFORMATION WE SHARE
Born Leaders United will never sell or disclose your name, email address or other personal information to third parties without your explicit consent, except as specified in this policy.
We can only speak for ourselves; this policy does not apply to the practices of third parties that Born Leaders United does not own or control, or individuals that Born Leaders United does not employ or manage. If you provide your information to others on Born Leaders United or throughout the Internet, different rules may apply to the use or disclosure of the information you provide to them. Born Leaders United does not control the privacy policies of third parties, and you are subject to the privacy policies of those third parties where applicable. Born Leaders United is not responsible for the privacy or security practices of other websites on the Internet, even those linked to or from the Born Leaders United site. We encourage you to ask questions before you disclose your personal information to others.
COOKIES & TRACKING TECHNOLOGY
Born Leaders United uses a variety of technologies to help us better understand how people use our site and services. Born Leaders United may partner with third-party services that may use various tracking technologies, such as browser cookies or Flash cookies, to provide certain services or features. These technologies allow a partner to recognize your computer each time you visit Born Leaders United, but do not allow access to personally identifiable information from Born Leaders United. Born Leaders United does not have access or control over these third-party technologies, and our privacy statement does not cover them.
Born Leaders United will retain your information only for as long as is necessary or your account is active or as needed to provide you services. If you no longer want Born Leaders United to use your information to provide you services, you may close your account. Born Leaders United will retain and use your information as necessary to improve your experience with our products and services, comply with law enforcement and resolve disputes. You may inform us of any changes or requests in regards to your personal data, and in accordance with our obligations under local data protection law, we may update or delete your personal data accordingly.
Born Leaders United reserves the right to modify this privacy statement at any time, so please review it periodically. We’ll communicate changes by posting a notice on the site. If we make material changes to this policy you will be notified here, by email, or other places Born Leaders United deems appropriate.