Please read these Terms of Services carefully. These Terms of Services create an agreement (the “Agreement”) between you and Become A Leader, Inc. regarding your use of Become A Leader’s On Demand Services and associated software (“Services”).
If you do not agree to this Agreement, please click the “Cancel”/”Back” button and do not use the Services.
If you are under 18, or if you are considered a minor in your state or country, you must obtain the consent of your parent or legal guardian to register for the Services.
To register, you will need a user name, physical address, email address, password and credit card information (the “Registration Information”). You are responsible for maintaining the confidentiality and security of your Registration Information and for any and all activity that occurs under your account. You agree to notify Become A Leader of any unauthorized use or breach of your account. Data, Information and Privacy You agree that Become A Leader may collect, use, process and store information about you and your use of the Services, including the transfer of such information to the United States and/or another country outside the United States.
We have created the website and its contents (the “Content”) for customers and partners of Become A Leader. You may not use this website or the Content for purposes not related to your business with Become A Leader. We specifically prohibit: (a) downloading, copying, re- distributing, or re-transmitting any or all of the Website or the Content without a written license or agreement with Become A Leader; (b) using any data mining, or data gathering robots or similar technologies or extraction methods; (c) manipulating or otherwise displaying the Website or the Content by using framing or similar navigational technology; (d) registering, subscribing, unsubscribing, or attempting to register, subscribe, or unsubscribe any party for any Become A Leader product or Services, if you are not expressly authorized by such party to do so; and (e) using the Website or the Content other than for its intended purpose. You may not interfere with the security of, or otherwise abuse this Website or any system resources, Services or networks connected to or accessible through this Website. You may only use this Website for lawful purposes.
You agree that Become A Leader may charge your credit card or bill you for all amounts due and owing for your use of the Services. You agree to notify Become A Leader in writing of any disputed fees within fifteen (15) days from the date that your account is charged. Become A Leader may suspend the Services for non-payment of fees. Become A Leader is entitled to recover a reasonable amount expended in connection with the collection of fees not paid when due. You agree to pay any taxes or governmental charges charged for your use of the Services.
Sharing Your Content and Information
You own all of the content and information you post on Become A Leader, and you can control how it is shared or not shared through your public/private settings.
- For content that is covered by intellectual property rights, like text, pdfs, videos, reviews, user comments, and photos (IP content), you specifically give us the following permission, subject to your privacy and application settings: you grant us a non-exclusive, transferable, sub- licensable, royalty-free, worldwide license to use any IP content that you post on or in connection with Become A Leader (IP License). This IP License ends when you delete your IP content or your account unless your content has been shared with others, and they have not deleted it.
- When you delete IP content, it is deleted in a manner similar to emptying the recycle bin on a computer. However, you understand that removed content may persist in backup copies for a reasonable period of time.
- When you use our Services, your content and information is shared with the application. When you publish content or information using the Public setting, it means that you are allowing everyone, including people off of Become A Leader, to access and use that information, and to associate it with you (i.e., your name and profile picture).
- You shall be solely responsible for your own Content and the consequences of submitting and publishing your Content on the Services. You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish Content you submit.
- You further agree that Content you submit to the Services will not contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant Become A Leader all of the license rights granted herein.
- Become A Leader does not endorse any Content submitted to the Services by any user or other licensor, or any opinion, recommendation, or advice expressed therein, and Become A Leader expressly disclaims any and all liability in connection with Content. Become A Leader does not permit copyright infringing activities and infringement of intellectual property rights on the Services, and Become A Leader will remove all Content if properly notified that such Content infringes on another’s intellectual property rights. Become A Leader reserves the right to remove Content without prior notice.
- We always appreciate your feedback or other suggestions about Become A Leader, but you understand that we may use them without any obligation to compensate you for them (just as you have no obligation to offer them).
Your Use of Content
In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of Content.
- The Content on the Services, and the trademarks, service marks and logos (“Marks”) on the Services, are owned by or licensed to Become A Leader, subject to copyright and other intellectual property rights under the law.
- Content is provided to you AS IS. You may access Content for your information and personal use solely as intended through the provided functionality of the Services and as permitted under these Terms of Services. You shall not download any Content unless you see a “download” or similar link displayed by Become A Leader on the Services for that Content. You shall not copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any Content for any other purposes without the prior written consent of Become A Leader or the respective licensors of the Content. Become A Leader and its licensors reserve all rights not expressly granted in and to the Services and the Content.
- You agree not to circumvent, disable or otherwise interfere with security-related features of the Services or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Services or the Content therein.
- You understand that when using the Services, you will be exposed to Content from a variety of sources, and that Become A Leader is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content. You further understand and acknowledge that you may be exposed to Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Become A Leader with respect thereto, and, to the extent permitted by applicable law, agree to indemnify and hold harmless Become A Leader, its owners, operators, affiliates, licensors, and licensees to the fullest extent allowed by law regarding all matters related to your use of the Services.
Become A Leader Accounts
In order to access some features of the Services, you will have to create a Become A Leader account. You may never use another’s account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify Become A Leader immediately of any breach of security or unauthorized use of your account. Although Become A Leader will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Become A Leader or others due to such unauthorized use.
Suspension or Termination of Your Account
You agree that Become A Leader may suspend or terminate your access to the Services without notice if: (a) Become A Leader determines that you have violated this Agreement or (b) Become A Leader is required to do so by any court or government authority in any country. Become A Leader may, upon such termination, deactivate or delete your account and any related data, information, and files, and bar any further access to such data, information, and files. Such action may include, among other things, accessing your Content or data and/or discontinuing your use of the Services without refund or compensation. Become A Leader will issue a refund when appropriate. You agree that Become A Leader has no obligation to monitor your use of the Services but has the right to do so to ensure your compliance with this Agreement, or to comply with any law, order, or requirement of any court or government authority in any country. You agree that, even after you are no longer using the Services, you will continue to comply with all of the provisions of this Agreement that relate in any way to confidentiality and/or privacy, payments due and owing, sharing of your content and information, your use of content, accounts, termination, disputes, assignments of rights, enforceability, waivers, disclaimers of warranties and limitation of liabilities, and that all of such provisions shall survive any termination of this Agreement.
Digital Millennium Copyright Act
If you are a copyright owner or an agent thereof and believe that any Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the Services provider to locate the material;
- Information reasonably sufficient to permit the Services provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Become A Leader’s designated Copyright Agent to receive notifications of claimed infringement is Kevin Sheehan, 14 Clark Street, Belmont, MA, email: copyright@BecomeALeader.com. For clarity, only DMCA notices should go to the Copyright Agent You acknowledge that if you fail to comply with all of the requirements of this Section 5(D), your DMCA notice may not be valid.
Counter-Notice. If you believe that your Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the material in your Content, you may send a counter-notice containing the following information to the Copyright Agent:
- Your physical or electronic signature;
- Identification of the Content that has been removed or to which access has been disabled and the location at which the Content appeared before it was removed or disabled;
- A statement that you have a good faith belief that the Content was removed or disabled as a result of mistake or a misidentification of the Content; and
- Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in Boston, Massachusetts, and a statement that you will accept Services of process from the person who provided notification of the alleged infringement.
- If a counter-notice is received by the Copyright Agent, Become A Leader may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed Content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the Content provider, member or user, the removed Content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at Become A Leader’s sole discretion.
You will resolve any claim, cause of action, or dispute (claim) you have with us arising out of or relating to this Terms of Services with Become A Leader exclusively in a state or federal court located in Middlesex County, Commonwealth of Massachusetts. The laws of the Commonwealth of Massachusetts will govern this Terms of Services, as well as any claim that might arise between you and us, without regard to conflict of law provisions. You agree to submit to the personal jurisdiction of the state and federal courts located in Middlesex County, Massachusetts for the purpose of litigating all such claims
If anyone brings a claim against us related to your actions, content or information on Become A Leader, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim.
WE TRY TO KEEP BECOME A LEADER UP, BUG-FREE, AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. WE ARE PROVIDING BECOME A LEADER AS IS WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT BECOME A LEADER WILL BE SAFE OR SECURE. BECOME A LEADER IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. WE WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS STATEMENT OR BECOME A LEADER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY ARISING OUT OF THIS STATEMENT OR BECOME A LEADER WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, BECOME A LEADER’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
This Statement makes up the entire agreement between the parties regarding Become A Leader, and supersedes any prior agreements.
- If any portion of this Statement is found to be unenforceable, the remaining portion will remain in full force and effect.
- If we fail to enforce any of this Statement, it will not be considered a waiver.
- Any amendment to or waiver of this Statement must be made in writing and signed by us.
- You will not transfer any of your rights or obligations under this Statement to anyone else without our consent.
- All of our rights and obligations under this Statement are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
- Nothing in this Statement shall prevent us from complying with the law.
- This Statement does not confer any third party beneficiary rights.
- You will comply with all applicable laws when using or accessing Become A Leader.
Become A Leader may make available a “beta” version the Services (“Beta Services”) for evaluation and feedback. Beta Services are Services that are in an early development stage and not available as standard product offerings. You are not obligated to use Beta Services, but if you elect to do so, you agree to the following additional terms: (a) Beta Services may contain bugs, errors and other problems and as provided to you “AS IS”; (b) Become A Leader makes no warranties and disclaims all liability with respect to the Beta Services; and (c) you agree to respond to Become A Leader’s questions and inquiries regarding your use of the Beta Services. You agree that Become A Leader has not made any promises or guarantees that Beta Services will be announced or made available in the future and that Become A Leader has no obligation to announce or introduce the Beta Services. If you provide feedback regarding the Beta Services, you agree that Become A Leader may use and incorporate into Become A Leader products and Services any suggestions, ideas, recommendations, bug reports, or other feedback that you provide to Become A Leader without compensation. Become A Leader may suspend or terminate access to Beta Services (and delete any Content or data provided to Become A Leader with respect to such Beta Services(s)) at any time, without notice and without compensation.
Limitation of Liability
YOU SPECIFICALLY ACKNOWLEDGE THAT BECOME A LEADER SHALL NOT BE LIABLE FOR CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
The Services is controlled and offered by Become A Leader from its facilities in the United States of America. Become A Leader makes no representations that the Services is appropriate or available for use in other locations. Those who access or use the Services from other jurisdictions do so at their own volition and are responsible for compliance with local law. Ability to Accept Terms of Services You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Services, and to abide by and comply with these Terms of Services. In any case, you affirm that you are over the age of 18, as the Services are not intended for children under 18. If you are under 18 years of age, then please do not use the Services. There are lots of other great websites for you. Talk to your parents about what sites are appropriate for you.