Business Performance USA Online Community Terms of Service
Welcome to Business Performance USA (BP-USA) Online Business Information Exchange Community. As part of our service, BP-USA agrees to provide you with online webinars and associated written material, blogs, social bulletin boards, news groups, event calendar, and other community services that BP-USA may decide to offer, subject to the terms of this Agreement. By using this site, you agree and continue to agree to use the site’s services in a manner consistent with all applicable laws and regulations and in accordance with the terms and conditions set out in the policies and guidelines outlined below. Please note that you will be referred to as ‘User’ from time to time in this Agreement.
RULES FOR ONLINE CONDUCT FOR EVENT PARTICIPATION, BUSINESS PROFILES, DISCUSSION FORUMS, AND EXTENDED SERVICES
By using the Service, you agree that you will abide by the following terms:
- You are responsible for any activity that occurs under your screen name.
- You are responsible for keeping your password secure.
- Your use of the Site as permitted is solely for personal, non-commercial use.
- You must not abuse, harass, threaten, impersonate or intimidate staff or other site members.
- You may not post any content on the community that defames, abuses or threatens others, advocates illegal activity, or contains unauthorized copyrighted material.
- You may not use the community for any illegal or unauthorized purpose. International users agree to comply with all local laws regarding online conduct and acceptable content.
- You are solely responsible for your conduct and any data, text, information, screen names, graphics, photos, profiles, audio and video clips, links that you submit, post and display on the community.
- You will not copy or distribute any part of the Site without BP-USA’s written permission.
- You must not create or submit unwanted email (‘Spam’) to any staff or member of the community.
- In using the community, you must not violate any laws in your jurisdiction (including but not limited to copyright laws).
- You will not alter or modify any parts of the Site.
Changes to Terms of Service
BP-USA reserves the right, in its sole discretion, to amend these Terms of Service at any time upon posting the amended terms on the Site, or upon providing notice thereof by electronic or conventional mail or any other reasonable means. The amended terms shall automatically be effective. You should visit this page from time-to-time to review the then-current terms, because they are binding to you. The user’s continued use of the Site and the Services following BP-USA’s posting of any changes will constitute the user’s acceptance of such changes.
You must be 18 or over, or the legal age to form a binding contract in your jurisdiction if that age is over 18 years of age, to register as a BP-USA member or to use the Site and Services. If you are under the applicable age, you can use the Site under the supervision of your parent or guardian who has agreed to the Terms of Service.
The Site and Services are administered in the United States and are intended for US and Canadian users. Any use outside of the United States is at the user’s own risk and international users are responsible for compliance with local laws.
To create a user profile on the Site and to submit content, you are required to register as a BP-USA member. If you register, you are required to provide accurate and up to date information including an email address, User ID and password that you control. You may not use a false name or User ID with the intent of impersonating another person. You may receive confirmation and thank you emails associated with your membership.
Violating any of the Terms below may result in your community account being locked or deleted. In the event that your account is locked, we may, but are not obligated to, remove forum posts you have added to our site.
- Please keep discussions on topic.
- No personal attacks or name-calling and please keep conversations cordial.
- No swearing or foul language, including the use of symbols to mask the words.
Blog Comments Terms
Violating any of the Terms below may result in your community account being locked or deleted. In the event that your account is locked, we may, but are not obligated to, remove comments you have added to our Blog.
- Please keep comments on topic (that is, specifically related to the Blog post you’re commenting on).
- Please keep comments cordial and respectful.
- No swearing or foul language, including the use of symbols to mask the words.
Photo Posts Terms
- The galleries on the community are intended for individual member use and are not a generic image hosting service. Professional or corporate use of our photo galleries is prohibited.
- Your account will be terminated if you or anyone else using your account posts inappropriate (e.g. nude, provocative, etc.) photos within our gallery.
- In the event of a change to your account, we may, but are not obligated to, remove photos you have added to our site. Account status changes would include, but are not limited to:
- 1. The expiration or termination of your community membership. 2. The locking of your account on the Sites due to inappropriate behavior. If your actions on any part of our site result in the loss of access privileges to the community, we are not obligated to remove photos you have added to our site.
- Images hosted on our site shall be limited to photos that you have produced. Please review our Photo Gallery Copyright Information below.
- Your account will be terminated if it is used for hosting graphic elements for use on other Web sites. These graphic elements include, but are not limited to, Web page designs, icons, similes, buddy icons, avatars, badges, and other non-photographic elements.
- Please keep photo comments on topic (that is, specifically related to the gallery image you’re commenting on).
- Please keep photo comments cordial and be respectful of other members.
- Use appropriate language when commenting on photos. No swearing or foul language.
Statements or postings which violate the above terms will be deleted from postings upon discovery. Postings made within discussion forums are for the groups themselves and should not be forwarded or reposted without the explicit permission of the poster. Users who violate the Terms of Service may result in the termination of User’s account. Upon review of the violation, BP-USA and/or EaglesWings Team at its sole discretion may terminate User’s account.
Use of Directories
The information contained in any directories that may be provided on the community is provided for member information only and is not to be used for marketing or telemarketing applications. This information may not be copied or redistributed and is provided ‘AS IS’ without warranty of any kind. Neither we, nor our suppliers, will be liable in any way with regard to such information.
Non-Transferability of Membership
User accounts may not be shared, transferred, or sold to other parties, nor are they to be commissioned for use or access by any person or party except the User.
Only public domain text, photos, videos or files or such items where the owner has given express permission for online distribution may be posted to the site. The posting of any other type of file and the posting of links to any other type of file is strictly forbidden. The following types of files are examples of strictly forbidden postings and links: Unauthorized copies of copyrighted photographs, drawings, graphics, text or other writings, computer programs or other software, recordings or designs; files containing advertisements or solicitations aimed at persuading other members to use certain goods or services; material of a sexually explicitly nature, including photographs and text. Copyrighted material, including without limitation text, photographs, sound, video and music, may not be placed on the site without the express permission of the author or owner of the copyright on the material. User acknowledges that only the owner or someone authorized by the owner to post the material may do so. The downloading of copyrighted material is allowed by Users only for Users’ own use. Users may not copy, reproduce, retransmit, distribute, publish, commercially exploit or otherwise transfer any copyrighted material. The burden of determining that any information, software or any other content on the site is not protected by copyright rests with the User. The burden of determining that any information, software or any other content that a User posts on the site is not protected by copyright also rests with the User. User acknowledges that BP-USA and/or third-party content providers remain the owners of the posted materials, and that User does not acquire any of those ownership rights by downloading copyrighted materials.
Online Communication Services
Communication services provided through this Online Business Information Exchange Community, such as the Member Directory, company-specific web pages, bulletin boards, newsgroups, voting/polling and other services, is a part of the Service designed for private communication between community members and staff users. BP-USA will not always monitor this communication, but reserves the right to take action against any User who is defaming, harassing or otherwise offending another User through e-mail, if it comes to BP-USA’s attention that this type of abuse is occurring, as is more fully set forth in the Rules for Online Conduct.
If BP-USA has provided links or pointers to other web sites, no inference or assumption should be made and no representation should be implied that BP-USA is connected with, operates or controls these web sites.
Limitation of Liability and Warranty
User agrees that use of this community is entirely at the user’s own risk. BP-USA’s services are provided ‘as is,’ without warranty of any kind, either express or implied including without limitation any warranty for information, services, uninterrupted access, or products provided through or in connection with this service. Specifically, BP-USA disclaims any and all warranties, including but not limited to: 1) Any warranties concerning the availability, accuracy, or content of information, products, or services; and 2) any warranties of title or warranties of merchantability or fitness for a particular purpose. This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortious behavior, negligence, or under any other cause of action. User specifically acknowledges that BP-USA is not liable for the defamatory, offensive or illegal conduct of other users or third-parties and that the risk of injury from the foregoing rests entirely with the user. Neither BP-USA nor any of its agents, affiliates or content providers shall be liable for any direct, indirect, incidental, special or consequential damages arising out of the use of the community or service or inability to gain access to or use the service or out of any breach of any warranty. User hereby acknowledges that the provisions of this section shall apply to all content on the service.
BP-USA may give notice to Users by means of a general notice on the Service, electronic mail to User’s e-mail address on record in BP-USA’s account information, or by written communication sent by first class mail to a User’s address on record in BP-USA’s account information. You may give notice to BP-USA (such notice shall be deemed given when received by BP-USA at any time by any of the following: electronic mail; letter faxed to BP-USA at the following fax number: (918) 481-5272; or letter delivered by first-class postage, prepaid mail or courier to BP-USA at the following address: 5110 E 86th Pl S, Tulsa, OK 74137.
User agrees to indemnify and hold BP-USA harmless from any dispute which may arise from a breach of terms of this Agreement. User agrees to hold BP-USA harmless from any claims and expenses, including reasonable attorney’s fees and court costs, related to User’s violation of this Agreement, including the Rules of Conduct or any information, software or other content placed on the site by User.
Termination of Service
BP-USA may terminate your account or access rights to this Service at any time, without notice, for conduct that BP-USA believes violates this Agreement. BP-USA may terminate your account or access rights to this Service for online conduct that BP-USA believes are harmful to other Users, to BP-USA’s business, or to other information providers.
This Agreement constitutes the entire agreement between the parties with respect to the subject matter contained herein and supersedes all previous and contemporaneous agreements, proposals and communications, written or oral between BP-USA representatives and User. BP-USA may amend or modify this Agreement or impose new conditions at any time upon notice from BP-USA to User as published through the site.
Restrictions on Rights to Use
You are authorized to use the Site and Services solely for your own use and you agree not to act on behalf of a third-party or to allow a third-party to have access to your password in order to use the Site or Services.
Furthermore, you shall not:
- Modify, translate or reverse engineer any portion of the Site or Services.
- Launch any automated system, including without limitation, “robots,” “spiders,” “offline readers,” etc., that accesses the Site in a manner that sends more request messages to the BP-USA servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, BP-USA grants the operators of public search engines permission to use spiders to copy materials from the Site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. BP-USA reserves the right to revoke these exceptions either generally or in specific cases.
- Collect or harvest any personally identifiable information, including member names and User IDs, from the Site, nor to use the communication systems provided by the Site for any commercial solicitation purposes.
- Solicit, for commercial purposes, any users of the Site with respect to their User Submissions (as defined below)
- Remove any copyright, trademark or other proprietary rights notices contained in or on the Site.
- Create user accounts by automated means or under false or fraudulent pretenses.
- Use the Site or Services to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including that are deemed threatening or obscene.
Copyright Infringement Policy
BP-USA does not permit copyright infringing activities and infringement of intellectual property rights on its Site, and BP-USA will remove any Content or User Submissions if properly notified that such Content or User Submission infringes on another’s intellectual property rights.
If you are a copyright owner or an agent thereof and believe that any Content or User Submission on the Site 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 service provider to locate the material.
- Information reasonably sufficient to permit the service 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.
- 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.
It is BP-USA’s policy to block access to or remove any material that it believes in good faith to be copyrighted material that has been illegally copied and distributed on the Site, and to remove repeat offenders from the Site and to deny them access to the Services.
You and BP-USA are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms of Service.
You may not assign these Terms of Service or any of your rights hereunder to a third person without first obtaining our express written consent.
All personal information given to BP-USA is held in the strictest confidence.
When joining BP-USA, you agree and consent to share your profile data and market/industry information and knowledge with other BP-USA members. BP-USA also periodically shares some of its membership data with certain constituencies. The organization may provide segments of its database, some of its membership data (in compilation form, not individually) and industry information to approved third parties such as recruiters, media, and registered users of BP-USA who are not BP-USA members (“Third Parties”).
When responding to “requests” for information from Third Parties or from other BP-USA members, if you would like your response to be confidential, notify the requester of the confidential nature of your response and the requester should respect this. Please note, however, that BP-USA does not control, and is not responsible for the actions of, any Third Parties or BP-USA members.
BP-USA reserves the right to share the member information anonymously. However, we respect your privacy. BP-USA will only share your name and contact information with prospective recruiters and job prospects on an “opt in” basis. You need do nothing to protect your anonymity from outside agencies.
BP-USA’s Privacy Commitment
BP-USA is committed to protecting the privacy of our users. We want to provide a safe, secure user experience. We will use our best efforts to ensure that the information you submit to us remains private, and is used only for the purposes as set forth herein.
This policy does not apply to the practices of companies that BP-USA does not own or control, or to people that BP-USA does not employ or manage.
When you register as a member of BP-USA, we may ask for several kinds of personal information, such as your name, e-mail address, zip code, career level, occupation, industry and functional interests. BP-USA also automatically receives and records information on our server logs from your browser including your Internet Protocol (IP) address, BP-USA cookie information, and the page you requested. BP-USA uses this information for four general purposes: to customize the content you see, to fulfill your requests for certain products and services, to inform you about updates to BP-USA services, and to alert you to products and services that we believe may be of interest to you.
Information About All BP-USA Visitors
In general, we gather information about all of our users collectively, such as what areas users visit most frequently and what services users access the most. This information helps us determine what is most beneficial for our users, and how we can continually create a better overall experience for you. We may share this information with our partners, so that they too may understand how BP-USA visitors use our site.
Information About You Specifically
In some instances, when you sign up to use a service, respond to an offer, we may need more specific information about you, such as name, address, phone number, e-mail address, etc. We will never ask you for your credit card information or social security number. During your visit to BP-USA, we may also ask you for other information, such as information on your interests, your likes and dislikes regarding the site, the types of business development opportunities and professional information you are interested in, etc., in an effort to deliver to you the best possible site experience.
These types of personal information are used solely by BP-USA.
BP-USA also provides you with the opportunity to opt-out of various types of communications. If you choose to receive these types of communications at the time of registration, but later decide you no longer want to receive them, simply communicate your preferences to our BP-USA service staff either via phone or e-mail.
General Information Disclosure
We employ other companies and individuals to perform functions on our behalf. Examples may include hosting our web servers, analyzing data, providing marketing assistance, and providing other services. These other companies will have access to your personal information as necessary to perform their functions, but they may not share that information with any third party.
BP-USA has an area on the site where you can submit feedback. Any feedback that is submitted through this area becomes the property of BP-USA. We may use this feedback, such as success stories, for marketing purposes, or to contact you for further feedback on the site.