The following is intended as an agreement between Business of Design™ Inc. and users of businessofdesign.com (site). Please read the following terms carefully before accessing the site and the products and services offered. By accessing this site, you are agreeing to the terms and conditions set out in this agreement. If you do not agree to these terms, you may not access this site. By using Business of Design™ Inc.’s service, you agree that you have read, understand and agree to these terms. You also agree to review this agreement periodically to be aware of modifications to this agreement, which may occur from time to time at the sole discretion of Business of Design™ Inc. Your continued use of the site will be deemed your conclusive acceptance of any modified agreement.
DEFINITIONS
BOD™ – refers to Business of Design™ Inc. and/or businessofdesign.com
Access or Accessing – means viewing or using the content or information on the website.
Agreement or Terms – refers to these Terms and Conditions and any subsequent modifications.
Downloads – the exercises, articles, samples, forms, and other reference materials prepared by site contributors for use within a program, course, or module.
Program(s), Course(s), Module(s) – video and document based learnings available on the site.
Member, BOD™ Member, or BOD™ Business Member – any person that pays a recurring fee to Business of Design™ for BOD™ Business Membership.
User – any party who accesses the site, regardless of whether or not he or she is a member.
Website or Site – refers to www.businessofdesign.com.
You or Your – refers to the user.
MODIFICATION OF TERMS
Business of Design Inc. reserves the right to modify these Terms at any time. Except as otherwise stated herein, any change to these Terms is effective immediately. Notice to users may be given through e-mail, a posting on the site or any other means by which a user may obtain notice. User agrees to check the Site periodically for changes to these Terms. Any use of the site after changes have been made shall be deemed acceptance of those changed terms and/or conditions.
LIMITED LICENSE
Business of Design Inc. hereby grants each Member a limited, non-exclusive, non-transferable license to access content on the site including, but not limited to, products, events, forum discussions, blog posts and a personal account. In addition, BOD™ Members are given a Limited License to BOD™ Business Membership content. The Limited License is subject to the provisions contained herein, and subject to the payment of the applicable membership fees and adherence to these Terms. Whether the member receives a license to the content depends on the membership plan selected.
FEES, RENEWAL AND REFUND POLICIES
All fees/prices shown on Business of Design™ are in US funds unless otherwise specified.
Site Registration
- By creating a free account on businessofdesign.com you are agreeing to receive BOD™ newsletters and other communications regarding news, events, and policy changes from Business of Design™.
- There are no fees associated with this user type.
- Registered users can unsubscribe from the BOD™ mailing list at any time.
BOD™ Business Membership (Paid Monthly or Annual)
- Access to all Program content, webinars, videos, coaching Q&A, and other content specified as BOD™ Member content.
- This membership automatically renews monthly/annually on the anniversary date of initial purchase until cancelled by the user. It is the member’s responsibility to track their renewal date.
- Monthly Membership fees are non-refundable; members may cancel their membership at any time to prevent future renewal. Renewal fees already processed will not be refunded.
- Annual Membership fees are refundable within 2 days following the renewal date and subject to a $75 administration fee. Members may cancel their membership at any time prior to their renewal date to prevent renewal and avoid administration costs. Renewal fees are non-refunded after this time.
- Discounts or other special offers are only valid for initial term; memberships renew at the current membership rates.
Business of Design™ Inc. may increase Membership fees (monthly or annual) for a subsequent membership period at any time and for any reason, provided, however, that notice is given to members at least thirty (30) days prior to the expiration of the membership. BOD™ may terminate the membership and these Terms if it is unable to renew the membership based on inaccurate or outdated credit card information. Right of access to the Program content granted under these Terms is effective only upon payment of the membership fees.
ACCESS TO PROGRAMS; MODIFICATION OF CONTENT
Business of Design Inc. strives to provide BOD™ Members with access to the Program content on a continuous basis. To that end, all reasonable efforts will be taken to provide uninterrupted access, however, from time to time, members may be unable to access the Programs or other areas of the site due to conditions beyond the control of BOD™. Also, from time to time, access may be unavailable due to software issues, server downtime, increased traffic, site maintenance and other related reasons. In response to any unavailability of the Program content to its Members, BOD™ will take all commercially reasonable steps to ensure access is restored within a reasonable period of time.
BOD™ aims to provide the highest quality content to its members. To that end, BOD™ reserves the right to change, modify, or discontinue any aspect or feature of businessofdesign.com and its content in whole or in part. Such changes, modifications, additions or deletions will be effective immediately and notice may be provided by email or by posting such changes on this site.
Users are responsible for ensuring they have sufficient and compatible hardware, software, Internet service and telecommunications equipment necessary for use of the site.
PROHIBITED CONDUCT
User agrees to refrain from any of the following:
- Transmit, install, upload or otherwise transfer any virus, advertisement, communication, or other item or process to the site that in any way affects the use, enjoyment or service of the site.
- Capture, download, save, upload, print or otherwise retain information and content available on the site other than what is expressly allowed by these Terms.
- Permit or provide others access to the BOD™ Programs using your user name and password.
- Copy, modify, redistribute, republish, alter, license, transfer or adapt any of the information, text, graphics, source code, or other content available on the site.
- Remove or modify any copyright, trademark, legal notices, or other proprietary notations from the content available on the site.
- Violate or attempt to violate BOD™’s security mechanisms or access any data or server you are not authorized to access.
- Use any device or other means to collect information about other users, the site or BOD™.
- Use the site to violate a third party’s intellectual property, personality, publicity or confidentiality.
- Misrepresent your identity or personal information when accessing the site.
- Post obscene, harassing, defamatory, violent, pornographic, threatening, objectionable or illegal material on the site.
- Advertise or otherwise solicit funds, goods or services on the site.
To ensure that users of the site do not engage in Prohibited Conduct, Business of Design™ Inc. reserves the right to monitor use of the site and reserves the right to revoke or deny access to the site to any person whose use of the site suggests Prohibited Conduct. Access of the materials available in the Course Catalogue beyond that of normal use that suggests systematic copying of the materials constitutes abuse of these Terms and will result in revocation or denial of membership to BOD™. The standard for what is considered “normal use” and “abuse” shall be determined solely by BOD™.
LIMITED WARRANTIES
Business of Design™ Inc. warrants that the software that allows Members to access the Programs, if operated as directed, will substantially achieve the functionality described on the site. BOD provides no warranty that your hardware, software, telecommunications equipment and/or internet service is compatible or sufficient to access the site.
Although BOD™ has attempted to provide accurate information on the site, it makes no guarantee or warranty, express or implied, as to the reliability, accuracy, timeliness or completeness of that information and assumes no responsibility for any errors or omissions therein.
DISCLAIMERS AND LIMITATION OF LIABILITY
User chooses to access this site at his/her own risk. The site is provided on an “as is, as available” basis without warranty of any kind (beyond the warranties set forth in this agreement), expressed or implied, and any and all warranties of merchantability, fitness for a particular purpose or non-infringement of third parties’ rights are specifically disclaimed. BOD™ does not warrant any particular result from use of the software or site, that the information on the site is accurate, complete or complies with any particular law or regulation, or that the operation of and your access to the site will be uninterrupted, error-free, virus-free or completely secure.
Under no circumstances and under no legal theory shall BOD™ or any of its affiliates, agents, employees, shareholders, directors, officers, third party content providers, successors or assigns be liable to you for any indirect, incidental, punitive or consequential damages of any character, including with limitation, damages for loss of goodwill, work stoppage, computer failure or malfunction, loss of data, loss of productivity or contract, or any and all other commercial damages or losses.
Your use of this site is at your sole risk and any content that you download is downloaded at your own discretion. You are solely responsible for any damage to your computer system in excess of the amount BOD™ received for membership access the site, and for any loss of data that results from the downloading of any such content, including any damages resulting from computer viruses.
In no event will warranties provided by law, if any, apply unless they are required to apply by statute notwithstanding their exclusion by contract. This disclaimer is applicable to any damage or injury resulting from the negligence or an omission of Business of Design™ Inc., computer virus or other similar item, telecommunications error, or unauthorized access to or use of user information through theft or any other means. BOD™ is not liable for criminal, tortious, or negligent actions or omissions of third parties that affect this site.
No dealer, agent, or employee of Business of Design™ Inc. is authorized to make any modifications, extensions, or additions to these limited warranties or disclaimers. BOD disclaims all warranties, and shall have no liability for damages in excess of the amount BOD™ received from the subscriber, arising from or related to any support services for your use of the site. The law of your jurisdiction may prohibit or modify the foregoing disclaimers and limitations on damages, and such disclaimers or limitations on damages may not apply to you.
THIRD PARTY CONTENT; HYPERLINKS
You acknowledge that Business of Design™ Inc. does not pre-screen third party materials and is not the publisher or author of any information on the site that is provided by a third party. BOD™ is not liable for any claims related to such information. Content provided by third parties is for informational purposes only, and BOD™’s use of the content constitutes neither an endorsement nor a recommendation of the content. BOD™ assumes no responsibility for third party products or services.
Businessofdesign.com may contain links and references to other third party websites and materials. BOD™ does not assume any responsibility for these websites or materials and provides these links solely for the convenience of users. BOD™ does not endorse or otherwise recommend any of these third party websites, references, or the products, services, or information they offered.
Business of Design™ Inc. makes no warranty, either expressed or implied, of the accuracy, merchantability, fitness for a particular purpose, or non-infringement of the information provided by third parties. This includes, but is not limited to, any information found on a link located on this site that allows users to access information found on another site.
COPYRIGHTS, TRADEMARKS AND OTHER PROPRIETARY RIGHTS
Business of Design Inc. or its third party content providers shall retain all worldwide rights in the intellectual property in and on the site, including, but not limited to, trademarks, service marks, trade dress, inventions, ideas, trade secrets, the source code, the HTML code, the “look and feel” of the site, its color combinations, layout, and all other graphical elements, and the copyrights in and to its original content. You should assume that everything you read or see on the site is copyrighted, trademarked, or otherwise protected and owned or licensed by BOD. Except as expressly stated on the site or in these Terms, nothing that you read or see on the site or in the Course Library may be copied, reproduced, modified, distributed, transmitted, republished, displayed or performed for commercial use without the prior written consent of Business of Design Inc.
If you submit any unsolicited intellectual property, idea, copyrightable material, invention, discovery, improvement, trade secret or know-how to BOD, you may forfeit your intellectual property rights and moral rights contained in such communication or material.
INDEMNIFICATION
User agrees to defend, indemnify and otherwise hold harmless Business of Design Inc. and its officers, directors, agents, employees, shareholders, successors and assigns from and against any cause of action or claim, including court costs, expenses and attorney fees, related to or arising from user’s Prohibited Conduct or other improper or illegal use of the site, or breach of these Terms.
SECURITY; AUTHORIZED USE
Users are prohibited from violating or attempting to violate the security of the site. BOD has the right, but not the obligation, to investigate occurrences of possible violations and will cooperate with all applicable law enforcement authorities in prosecuting violators. BOD may suspend your access while it conducts an investigation. Users are required to enter a user name and password to access portions of the site. To protect against unauthorized access to your account, it is recommended that you close the browser when you have finished using the site. You are responsible for maintaining the secrecy of your user name and password.
You represent and warrant that you are the person on whose behalf you claim to accept these Terms. You also represent and warrant that you are an adult who is legally able to enter into these Terms.
You may not use the account, user name or password of someone else at any time. You agree to notify BOD immediately of any unauthorized use or loss of your account, user name, password and/or credit card information. You also agree to notify BOD immediately if you are aware of or suspect other unauthorized use of the site and/or the site content. BOD will not be liable for any loss that you incur as a result of someone else using your user name and password with or without your knowledge. You may be held liable for any losses incurred by BOD, its affiliates, officers, directors, employees, consultants, agents or representatives due to someone else’s use of your account, user name or password.
Business of Design Inc. will never ask you for your password. If you need a new user name and/or password, BOD will generate a new user name and password automatically through its computers and send it to your e-mail or postal address.
TERMINATION OF AGREEMENT
In addition to Business of Design Inc.’s other rights, it may terminate this Agreement at any time and at its sole and absolute discretion. BOD may also terminate Access to the OTL or cancel subscriptions to the OTL without notice if it believes, in its sole judgment, that You have breached or may breach any term or condition of this Agreement, or engaged in conduct that BOD deems inappropriate.
PRIVACY POLICY
Business of Design Inc. (businessofdesign.com) has created this Privacy Policy to demonstrate our commitment to privacy. The following details our information gathering and distribution practices.
Collection of Information
We use your Internet Protocol (IP) address to help diagnose problems with our server and to administer our website. We also use your IP address to help identify you and your account. Our website places cookies on your computer’s hard drive through your web browser to keep track of your identity for the purposes of saving your account information and settings so that you do not have to log in each time you visit our businessofdesign.com. Cookies allow our website to recognize your computer when you access the website.
If you would like to prevent the placement of cookies on your computer, or remove cookies from your computer, please access the Help portion of your browser or contact your browser provider. Please be advised that if you block or remove cookies from your computer, the website will not recognize your computer and you may not have access to all portions of the website.
Contact and Financial Information
Our website’s registration and order forms require users to provide us with contact information to establish member accounts, purchase products and register for events. Businessofdesign.com may request a user’s name, address, city, state, postal code, telephone number and e-mail address. Business of Design Inc. uses this information to contact the user regarding membership, purchases and administrative matters.
Businessofdesign.com securely stores financial information entered by users, such as credit card numbers, purchase order numbers and related identification information. The financial information is used only to bill the user for products and services.
Business of Design Inc. does not sell or exchange user information, and generally restricts access to user information to qualified employees. Businessofdesign.com gathers only user information that is needed to administer its business and enhance and improve its services and products. A user’s credit card information may be transmitted only to the appropriate credit card company and/or credit card payment processing company.
Business of Design Inc. may disclose a user’s contact or financial information if required to do so by law or in the good-faith belief that such disclosure is necessary to comply with an order of a court or government authority, or a subpoena. Businessofdesign.com may also disclose a user’s contact or financial information in the good-faith belief that such disclosure is necessary to protect Business of Design Inc. or the website, or enforce the applicable Terms and Conditions, in conjunction with an investigation or legal, equitable or administrative action or proceeding.
Businessofdesign.com may collect information on the services and products viewed by you on the website. This information may be used to customize your experience and make suggestions based to your preferences. This information may be used to identify patterns and trends of use, but will only release or publish any such information in a manner that preserves your anonymity.
In the case of a merger, acquisition, bankruptcy, or other sale of all or a portion of Business of Design Inc.’s assets or stock, your information may be transferred.
Security
The security of businessofdesign.com and your information is of great importance to us. This website has security measures in place to protect the loss, misuse and modification of your information under our control. However, we make no assurances about our ability to prevent any such loss, misuse or modification, and we accept no liability to you or any third party for any loss, misuse or modification. We do not guarantee that your access to the website is completely secure.
Please notify us immediately if your account, user name or password have been lost or stolen. Business of Design Inc. or its employees will never ask you for your password. If you require a new user name and/or password, please contact us at [email protected].
Anti-Spam Policy/Opt-Out Choice
We are committed to providing users of businessofdesign.com with the choice to receive or not receive e-mails and/or other communications from us. We only send e-mails/newsletter to users who have requested or consented to receive them by signing up as a member of the site. We do not send unsolicited commercial e-mails, buy or sell e-mail lists, or use purchased or harvested e-mail lists. We offer e-mail recipients the opportunity to opt-out of further communications in every e-mail.
Modification of Contact and/or Financial Information
If you would like to make changes to your contact and/or financial information in our database, please log into your account and click on My Profile in the top right corner of your screen. If you have any questions or concerns, or would like us to assist you with removing or modifying your information, please contact us at [email protected].
Changes to the Privacy Policy
Business of Design Inc. may change this Privacy Policy from time to time at its sole discretion. Please check this policy regularly for changes.
MISCELLANEOUS
These Terms constitute the entire agreement between Business of Design Inc. and user regarding the subject matter hereof. Any previous agreement, whether oral or written, between BOD and user dealing with the subject matter hereof is superseded. These Terms may only be modified or amended in writing. If any portion of these Terms is determined to be unenforceable for any reason, such portion will be deemed severed and the remaining terms and conditions shall continue in full force and effect. Upon user’s breach or threatened breach of these Terms, BOD may pursue any legal or equitable remedy available, including but not limited to, direct, consequential and punitive damages and injunctive relief. BOD’s remedies are cumulative and not exclusive.
Failure of BOD to exercise any remedy or enforce any portion of this Agreement at any time shall not operate as a waiver of any remedy or of the right to enforce any portion of the Agreement at any time thereafter. User agrees that regardless of any statute or law to the contrary, any claim or action arising out of or regarding this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. By accessing the site, user signs for and accepts this shortening of the statutes of limitations. BOD makes no representation that the content of the site is appropriate or available for use in all locations.
You agree to comply with all applicable local laws, including any international laws, in using this site. You may not assign your rights or delegate your duties under these Terms. The parties agree that no third party is an intended beneficiary of these Terms.
GOVERNING LAW; DISPUTE RESOLUTION; FORUM AND VENUE
These Terms and any claim or action related to or arising from these Terms or content on the site shall be governed by Ontario law, without regard to any provision that would make the laws of another jurisdiction applicable. All disputes between you and Business of Design Inc. shall be finally resolved through binding arbitration in Toronto, Ontario. The parties shall conduct discovery as agreed upon or as permitted by the arbitrator.
The parties shall share equally the costs of the arbitrator, arbitration body and arbitration facilities (if applicable). Each party may bring a claim or action for injunctive relief without submitting the claim to final and binding arbitration. Neither party shall have the obligation to post a bond or demonstrate actual harm before bringing a claim or action for injunctive relief. Each party shall bear his/her/its own expenses and attorneys’ fees related to any arbitration, claim or action.
EFFECTIVE DATE: January 15, 2012
