Last Updated: August 1, 2014
A. Our Commitment to Privacy
BOLD AMERICANS, LLC (“BOLDAMERICANS”) realizes the importance of respecting and protecting your privacy.
B. Information BOLDAMERICANS Collects
BOLDAMERICANS collects the following types of information from users of the Site:
1. Personally Identifiable Information
- your name, address, phone number(s), e-mail address, date of birth, nationality and gender if you are a Registered User or are otherwise asked to provide such information;
- the e-mail addresses of those who post comments, stories, photos, videos and other content on the Site;
- the names and e-mail addresses of those who communicate with BOLDAMERICANS by e-mail;
- the names and e-mail addresses of those who specifically opt-in to special offers;
- information you provide to BOLDAMERICANS in surveys, in connection with contests or sweepstakes which BOLDAMERICANS sponsors;
- information you provide to BOLDAMERICANS in the entry form for some sweepstakes and contests offered on the Site and information provided by winners of those sweepstakes and contests for a required background check or for tax purposes;
- in certain circumstances, payment and identity verification information, such as credit card number, social security number (or comparable national identifier) and driver’s license number when needed for payment information in connection with a purchase made through the Site;
- information about your family or friends, including, but not limited to, the name, address, phone number(s), e-mail address, date of birth, nationality and gender of any family member or friend, that you provide in connection with your use of the Site or any feature thereof;
- information you provide about yourself, including, but not limited to your name, e-mail address, date of birth, nationality, gender and preferences, that you provide when you register; and
- information you provide about yourself when you post to the Site.
You can choose not to provide BOLDAMERICANS with certain Personally Identifiable Information, but then you may not be able to take advantage of many features of the Site, such as posting comments, registering to use certain restricted areas of the Site, participating in BOLDAMERICANS’ online community, entering a sweepstakes or contest on the Site, participating in various promotional opportunities or receiving e-mail alerts or newsletters.
2. Automatic Information
(a) Collected By BOLDAMERICANS
BOLDAMERICANS may receive and store certain types of information whenever you interact with BOLDAMERICANS through the Site. We automatically receive and record your browser information, operating system information, IP address, cookie information and the page you requested. This information will not be stored in a manner that is personally identifiable with you and may include the following:
(1) Aggregate Information
BOLDAMERICANS uses both “session” and “persistent” cookies on the Site. Session cookies are temporary bits of information that are erased once you exit your web browser or turn off your computer. Persistent cookies are more permanent bits of information that are placed on the hard drive of your computer and stay there unless you delete the cookie. Persistent cookies store information on your computer for a number of reasons, such as retrieving certain information you have previously provided (i.e., username and password), helping to determine what areas of the Site you find most valuable and customizing the Site based on your preferences on an ongoing basis.
Many companies offer programs that help you to visit web sites anonymously. While BOLDAMERICANS will not be able to provide you with a personalized experience if BOLDAMERICANS cannot recognize you, BOLDAMERICANS wants you to be aware that these programs are available.
(3) Web Beacons
During your use of the Site, you may encounter Web Beacons, which may come from BOLDAMERICANS or from third parties that advertise or provide content on the Site. A “Web Beacon” (sometimes also called a “web bug” or “clear gif”) is a small graphic image in a web page, a web-based document or an e-mail message that generally allows the party that set the Web Beacon to monitor certain information about the viewer of the web page, web-based document or e-mail message and may allow access to certain cookies. Web Beacons are usually invisible to the user because they are very small (generally 1-by-1 pixel). In general, however, any electronic image viewed as part of a web page, including an advertisement, can act as a Web Beacon. Web Beacons on the Site typically collect the URL of the page from which the Web Beacon originates, the type of browser requesting the Web Beacon, the IP address of the computer to which the Web Beacon is sent and the time that the Web Beacon was viewed. Certain Web Beacons used by third party advertisers or content providers may collect information that allows such third parties to determine how many people are viewing and/or clicking on certain advertisements or viewing certain content for purposes of helping these parties serve and manage their advertisements and content. These Web Beacons do not collect or store Personally Identifiable Information but they may, however, be used in conjunction with cookies to identify certain aggregate information about users.
(4) E-mail Communications
When you send an e-mail to BOLDAMERICANS, either through the <Contact Us> button on the Site or otherwise, BOLDAMERICANS may retain your e-mail address and the contents of the e-mail that you send. If you want to keep the information in your e-mail(s) or posting(s) private or proprietary, please do not send such information in an e-mail or otherwise post such information to BOLDAMERICANS. To help BOLDAMERICANS make its e-mails more interesting and helpful, BOLDAMERICANS also may receive a confirmation when you open an e-mail from BOLDAMERICANS if your computer supports this type of program.
(b) Information Collected by Third Parties
BOLDAMERICANS may allow third parties to display advertisements on the Site. BOLDAMERICANS and these third parties may use tracking technologies, such as cookies and Web Beacons, to collect information about users who view or interact with these advertisements and connect to the Site.
(1) Ad Servers
BOLDAMERICANS, its partners and/or advertisers may use third party ad servers to serve or present the ads that appear on the Site and to conduct research about the advertisements. Any of these ad servers may collect non-personal information, such as your browser, operating system, date/time of viewing, IP address and clickstream data. BOLDAMERICANS cannot control the activities of such advertisers or web sites. PLEASE NOTE THAT THIS POLICY DOES NOT COVER THE COLLECTION AND USE OF INFORMATION BY SUCH AD SERVERS.
The Network Advertising Initiative (NAI) is a cooperative group of ad serving providers. The NAI has developed a set of privacy principles to which its members adhere. The NAI is committed to providing consumers with clear explanations of Internet advertising practices and how they affect you and the Internet generally. For more information about the NAI, third party ad servers generally and the opt-out options offered through the NAI, visit http://www.networkadvertising.org/index.asp.
C. How BOLDAMERICANS Uses Information
1. Public Areas
The Site offers the ability to forward content to another person via e-mail. If you use this service, BOLDAMERICANS will use the recipient’s e-mail address in order to send the content and BOLDAMERICANS will also ask for your e-mail address BOLDAMERICANS does not use the recipient’s e-mail address for any other purpose unless the recipient gives BOLDAMERICANS permission to do so.
2. Registered User Areas
If you have access to certain areas of the Site because you are a Registered User (“Registered User Areas”), the Registered User Areas may contain groups, discussions, member profiles, comment areas, blogs and similar areas where Registered Users can share information about themselves and their opinions, as well as post questions. Information you post to a Registered User Area may be viewed, accessed, or collected by, or disclosed to, other Registered Users and may be used by other Registered Users in ways neither you nor BOLDAMERICANS are able to control or predict, including, without limitation, disclosure of your information to the public or to contact you for unauthorized purposes. BOLDAMERICANS uses the Personally Identifiable Information you provide when registering to become a Registered User to send you BOLDAMERICANS publications, information about Registered User benefits and special offers, features included in the Registered User Areas and other information that BOLDAMERICANS believes is relevant and useful to its Registered Users. By using the Registered User Areas, you hereby acknowledge and agree that any information you share in a Registered User Area (including, without limitation, Personally Identifiable Information) is available to other Registered Users and to BOLDAMERICANS for use as provided herein.
If you register to become a Registered User of the Site, the information that you provide to BOLDAMERICANS may be stored in one or more profiles. These profiles, or a portion thereof, may be viewed by other Users of the Site, including, but not limited to those who are not Registered Users of the Site.
If you register at any of the Site, you may choose to receive a newsletter via e-mail from BOLDAMERICANS which may include information such as highlights from different areas on the Site and information about new features. You can unsubscribe from the newsletter at any time by clicking on the “unsubscribe” link at the bottom of any e-mail newsletter sent to you and following the instructions. You also may unsubscribe at any time by logging in to the applicable Site where you created your profile and changing your preferences.
5. Aggregate Information
The aggregate information collected by BOLDAMERICANS also is used to create profiles of the audience for the Site that include anonymous statistical demographic information but no Personally Identifiable Information. This aggregated information is used to, among other things, determine trends and needs and supply market research to potential advertisers and partners to help them understand the Site’s audiences. For example, BOLDAMERICANS may create a report that tells advertisers that thirty percent of BOLDAMERICANS’ Registered Users are males under forty years, so that they can determine which of their products or services are most appropriate for BOLDAMERICANS’ Registered Users.
D. With Whom BOLDAMERICANS Shares Information
BOLDAMERICANS reserves the right to use your Personally Identifiable Information to send you periodic e-mailings with information on new products and services, updates to BOLDAMERICANS’ Site or upcoming events.
If you “opt in” to receive information about identified advertisers or their services or products, BOLDAMERICANS may share your Personally Identifiable Information with them. If you have questions about how these companies use your Personally Identifiable Information, BOLDAMERICANS encourages you to review and understand their respective privacy policies. You may at any time “opt out” of having your Personally Identifiable Information as part of BOLDAMERICANS’ marketing mailing list or otherwise (see “Opting Out” below).
From time to time, in BOLDAMERICANS’ sole discretion, BOLDAMERICANS may use your Personally Identifiable Information to send you important administrative information regarding the Site and related services or changes to BOLDAMERICANS’ Terms and policies. Because this information may be important to your use of the Site and related services, you may not opt out of receiving such communications.
1. Fulfillment of Services
2. Sweepstakes, Contests and Editorial Uses
Often times, sweepstakes, contests and giveaways (together, “Contests”) offered on the Site are sponsored by unaffiliated third parties. Information that you provide as part of an entry into a Contest sponsored by an unaffiliated third party will be shared with the sponsor if BOLDAMERICANS advises you of such in the Contest’s official rules. Some Contests also may require consent to the release of information contained within the entry form for background check purposes or tax purposes if you become a winner. You should carefully review the official rules of each Contest that you enter as they may contain additional important information about BOLDAMERICANS’ or the Contest sponsor’s use of your Personally Identifiable Information.
BOLDAMERICANS also may use your Personally Identifiable Information in response to a solicitation for editorial, online and/or on-air purposes and for marketing and promotional purposes in connection with such solicitation. If such information is used online, on a mobile application or in a telecast, no Personally Identifiable Information, other than name, city and state, will be disclosed without your specific consent.
3. Compliance with Law and Fraud Protection
4. Sale or Transfer of Information
In the event of a sale, merger, liquidation, dissolution or sale or transfer of substantially all of the assets of BOLDAMERICANS or the Site, personal Information and/or other information collected about you from the Site may be sold, assigned or transferred to the party acquiring all or substantially all of the equity and/or assets of BOLDAMERICANS or the Site in order to permit the party to continue the operation of the Site, including the Registered User Areas. Subject to your ability to opt-out, you consent to the sale and transfer of your information as described in this paragraph.
5. Accessing, Updating or Deleting your Personally Identifiable Information
If you are a Registered User and would like to review, update or delete your profile, please log in to and select the profile in which you would like to review, modify or delete information (i.e., the Personally Identifiable Information you have provided to us).
6. Opting Out
BOLDAMERICANS respects the privacy of your Personally Identifiable Information. If you tell BOLDAMERICANS that you do not wish to have this information used as a basis for further contact with you, BOLDAMERICANS will respect your wishes. You also may choose not to provide BOLDAMERICANS with certain information, but that may result in you being unable to use certain features of the Site.
You may instruct BOLDAMERICANS to stop sending you certain promotional materials (e.g., e-mail messages, newsletters, postcards and letters) by following the unsubscribe instructions provided in those materials. BOLDAMERICANS may, however, continue to contact you to provide service to your account. Please note that if you use more than one name or e-mail address when communicating with BOLDAMERICANS or participating on the Site, you may continue to receive communications from BOLDAMERICANS to any name and/or e-mail address which you have not specified in your opt-out request.
BOLDAMERICANS provides you with the following options for removing your Personally Identifiable Information from BOLDAMERICANS’s database for marketing purposes:
- You can send an email to email@example.com; or
- You can send mail to the following postal address:
BOLDAMERICANS.COM, 1323 Queens Rd., Suite 220, Charlotte, North Carolina 28207 USA
Attention: Tony Holden, Publisher
E. Important Disclosures, Practices and Contact Information
1. Third Party Links
The Site contains links to third-party web sites. Please be aware that BOLDAMERICANS cannot control and is not responsible for the information collection practices of such web sites, which may differ from those of BOLDAMERICANS. BOLDAMERICANS encourages you to review and understand the privacy policies of these web sites before providing any information to them.
2. Interactive Features
The Site may make groups, discussions, chat rooms, forums and message boards available to users (see “Public Areas” described above). While you are required to register with the Site to post in these areas, you are not required to provide any Personally Identifiable Information when using these areas but you may choose to do so. If you post Personally Identifiable Information online, it will be publicly available and you may receive unsolicited messages from other parties. BOLDAMERICANS cannot ensure the security of any information that you choose to make public in a group, discussion, chat room, forum or message board. Also, BOLDAMERICANS cannot ensure that parties who have access to such Personally Identifiable Information will respect your privacy. Please exercise caution when deciding to disclose Personally Identifiable Information in these areas.
3. Data Security
BOLDAMERICANS maintains a variety of commercially reasonable physical, electronic and procedural safeguards designed to protect your Personally Identifiable Information from unauthorized access and disclosure. For example, BOLDAMERICANS uses accepted tools and techniques to protect against unauthorized access to BOLDAMERICANS’ systems. You should be aware that BOLDAMERICANS has no control over the security of other sites on the Internet that you might visit or with which you might interact even when a link may appear to another site from one of the Site.
BOLDAMERICANS wants you to feel confident using the Site but no system can be completely secure. Therefore, although BOLDAMERICANS takes steps to secure your information, BOLDAMERICANS does not promise, and you should not expect, that your personal information, searches or other communications will always remain secure. In the event of a breach of the confidentiality or security of your information, including your Personally Identifiable Information, BOLDAMERICANS will notify you as necessary and if possible so you can take appropriate protective steps. BOLDAMERICANS may notify you under such circumstances using the e-mail address(es) that BOLDAMERICANS has on record for you and/or by regular mail (if available). You also should carefully handle and disclose your Personally Identifiable Information. Please refer to the Federal Trade Commission’s web site at http://www.ftc.gov/bcp/menus/consumer/data.shtm for information about how to protect yourself against identity theft.
The Site is a general audience site and is not intended for children under 13. BOLDAMERICANS requires that only persons 13 years of age or older use any of the Site. By using the Site, you hereby represent that you are at least 13 years old.
BOLDAMERICANS does not knowingly market to, solicit information, accept service or collect information from children under the age of 13. The Site may ask users for their birth dates to ensure that the Site is not collecting information from children under age 13 or to identify when additional steps may need to be taken in connection with information collected from children under age 18. When the Site has actual knowledge that it collects information from children or offers a service directed toward children, it will comply with applicable laws, including the U.S. Children’s Online Privacy Protection Act.
6. California Privacy Rights Under California Civil Code Section 1798.83
Please note that BOLDAMERICANS is only required to respond to one request per customer each year. BOLDAMERICANS is not required to respond to requests made by means other than through this e-mail address firstname.lastname@example.org.
7. Users From Outside the United States
The Site is controlled and operated by BOLDAMERICANS from the United States. BOLDAMERICANS does not represent or warrant that the Site, or any part thereof, are appropriate or available for use in any particular jurisdiction. Those who choose to access the Site do so on their own initiative and at their own risk, and are responsible for complying with all local laws, rules and regulations. You also are subject to United States export controls in connection with your use of the Site and/or services related thereto and are responsible for any violations of such controls, including, without limitation, any United States embargoes or other federal rules and regulations restricting exports. BOLDAMERICANS may limit the availability of the Site, in whole or in part, to any person, geographic area or jurisdiction that BOLDAMERICANS chooses, at any time and in BOLDAMERICANS’ sole discretion.
8. No Rights of Third Parties
9. Contacting BOLDAMERICANS
Our goal is to maintain a community where readers feel free to express themselves in a civil and productive manner. On the occasions where this does not happen, we reserve the right to remove comments and/or close comments on article pages without notice.
We encourage comments that:
- Are “on topic” and respond to the content in the article
- Are in response to comments left by other members
- Are brief and to-the-point
- Are constructive and productive to the overall conversation
- Are free from personal insults or attacks on other members
- Are free to agree to disagree with the content of the article or comments in a civil manner
We discourage comments that:
- Are not “on topic” or are not responding to other comments or the content in the article
- Insult or personally attack other members
- Bait other members
- “Gang up” on other members
- Are excessively long
- Are copy and paste of articles from other sites – please provide your summary of the article instead
We will delete comments, without notice, that:
- Are abusive, harassing, threatening or vulgar
- Contain advertising or spam including signature lines to other sites
- Are disruptive to the conversation or overall site
The Site offers users (“Users”) a collection of online resources, including forums, message boards, blogs, surveys, polls, shopping services, searchable databases, software, specialized audio, video, information, materials and other content (collectively, the “Content”). The Content is provided free of charge to you (unless otherwise indicated).
1. ACKNOWLEDGEMENT AND ACCEPTANCE
2. ADDITIONAL TERMS
From time to time, BOLDAMERICANS may supplement these Terms with additional terms that pertain to specific Content, such as new or expanded services and products, courses or events (“Additional Terms”). You understand and agree that such Additional Terms are hereby incorporated by reference into these Terms.
3. MODIFICATIONS TO TERMS
BOLDAMERICANS may modify these Terms from time to time. When BOLDAMERICANS posts modifications to these Terms, BOLDAMERICANS will revise the “Last Updated” date at the bottom of this page. The modified Terms will be effective immediately upon posting. Your continued use of the Site after the posting of the modified Terms constitutes your agreement to abide and be bound by them, as modified. If you object to any modification, your sole recourse is to terminate your use of the Site. BOLDAMERICANS recommends that you check the Site from time to time to inform yourself of any changes in these Terms or any of BOLDAMERICANS’ other policies.
4. CHANGES TO THE SITE
BOLDAMERICANS may modify or discontinue the Site, any portion thereof or any service, tool, digital product, product, event or course related to or contained on the Site without notice to you and without liability to you or any third party, except as otherwise provided in these Terms. We may also impose links on the use or access to certain features or portions of the Site, or restrict your access to any part or all of the Site, in all cases with or without notice to you or liability to us.
5. REGISTRATION INFORMATION
Certain activities on the Site require registration which require you to provide your name, e-mail address and, in some cases, a physical address. You also may be asked to select a username and password. You agree to register only once using a single username. In addition to the required registration information, you may be asked (but are not required to provide) your gender, personal interests and other such information. You agree to provide accurate and complete information during registration and any edits to your member profile and agree to not (i) register under the name of another person, (ii) choose a username that is vulgar, profane or otherwise offensive, (iii) choose a username that impersonates or suggests representation of another entity, (iv) choose a username that incorporates a solicitation.
7. PERSONAL INFORMATION, ACCOUNT INFORMATION AND SECURITY
You are responsible for maintaining the confidentiality of your password(s) and other information. You are entirely responsible for any and all activities that occur under your username and password whether or not authorized by you. You agree to immediately notify BOLDAMERICANS at email@example.com of any unauthorized use of your username or password.
Although BOLDAMERICANS will not be liable for losses caused by any unauthorized use of your username or other information, you may be liable for the losses of BOLDAMERICANS or others due to such unauthorized use.
Members should be aware that disclosure of personal information such as full name, address posted in Community Services may result in unwanted solicitations from third parties or unwanted communications. BOLDAMERICANS disclaim any responsibility or liability from your discloser of such personal information or any other information in the Community Services.
8. COMMUNITY SERVICES; USER-GENERATED CONTENT AND MEMBER MANAGEMENT
The Community Services areas of the Site may contain information intended only for Users who create usernames or join or register to use the Site (“Members”) and BOLDAMERICANS reserves the right to limit features and these areas to Members.
Although BOLDAMERICANS may from time to time monitor the Content posted on the Site, BOLDAMERICANS is under no obligation to do so. BOLDAMERICANS attempts to create a safe and supportive environment for all individuals by taking measures to prevent offensive behavior but BOLDAMERICANS makes no guarantee with respect to your experience of the Site. You understand that content posted by a Member is based on their personal opinion and experience and that the Site does not endorse nor guarantee the accuracy of any User-Generated Content and cannot be held liable for any damages incurred as a result of the submission or use thereof.
BOLDAMERICANS reserves the right (but is not obligated) to, without limitation and in BOLDAMERICANS’ sole discretion,: (a) record the communications in the Community Services; (b) investigate any allegation that a communication does not conform to these Terms and determine in its sole discretion to remove or request the removal of the User-Generated Content; (c) remove User-Generated Content which is abusive, illegal, or disruptive or that otherwise fail to conform with the Member conduct below or otherwise with these Terms; (d) monitor, edit or disclose any communication in the Community Services; (e) edit or delete any communication posted on the Site; (f) disclose any communication posted on any portion of the Site as necessary to satisfy any law, regulation or governmental request, regardless of whether such communications violates these standards and/or (g) reserve the right in our sole discretion to decline to remove any User-Generated Content that is submitted even if it violates these Terms.
By reading, viewing, browsing or submitting user-generated content to Community Services you agree that you are solely responsible for your own communications, the consequences of posting those communications and your reliance on communications. BOLDAMERICANS is not responsible for the consequences of communications within the Community Services areas.
Any communication sent to you personally concerning your participation in the Community Services or related matters are not intended to be made public and you agree not to post these communications in the Community Services or elsewhere on the Internet.
Please notify BOLDAMERICANS at firstname.lastname@example.org immediately if you feel that a posted User-Generated Content is in violation of the Terms. If you feel threatened or believe someone else is in danger, please contact your local law enforcement agency immediately. If you are dissatisfied with communications posted to the Site, your sole recourse is to terminate your use of the Site.
9. COMMUNITY SERVICES CONDUCT
You agree that when using the Site, you will act in a manner consistent with the goals of the Site, and by way of example as per our Comment Policy, and not as a limitation, you specifically agree that:
a. You will not violate any applicable local, state, national or international law, including but not limited to any rule, regulation, decree or ordinance.
b. You will not post information on or download information from the Site unless you have all rights and authority necessary to do so.
c. You will not post any inappropriate, defamatory, vulgar, obscene, sexually explicit, potentially libelous or slanderous, infringing, harmful, harassing, threatening, illegal or other material or information that BOLDAMERICANS in its sole discretion views as objectionable to the Site, including but not limited to text, graphics, audio and video files.
d. You will not defame, abuse, harass, stalk, threaten, embarrass, cause distress, unwanted attention or discomfort or otherwise violate the legal rights (including without limitation rights of privacy and publicity) of any User, Member or representative of BOLDAMERICANS.
e. You may express your disagreement with someone’s point-of-view but personal attacks, or attacks based on another person’s race, national origin, ethnicity, religion, gender, sexual orientation, disability or other such condition or circumstance, are strictly prohibited.
f. You will not impersonate another person or entity, including but not limited to a BOLDAMERICANS representative, or communicate under a false name or a name that you are not entitled or authorized to use.
g. You will not post surveys, contests, chain letters, pyramid schemes, unnecessarily long messages, unnecessary or repetitive posts, multiple ratings for the same item, meaningless text, spamming, offensive declarations or other similarly disruptive content.
h. You will not 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 posted on the Site.
i. You will not post files that contain viruses, corrupted files or other similar software, programs or routines that may damage the operation of another’s computer or the Site.
j. You will not attempt to “crack,” “hack,” “bomb,” manipulate or otherwise gain unauthorized access to another account username(s) or other information, BOLDAMERICANS servers, BOLDAMERICANS software or areas of the Site not intended for your access.
k. You will not post, transmit or distribute any unsolicited advertising, promotional materials or other forms of solicitation to Users or Members, individuals or entities, except in areas designated by BOLDAMERICANS for such purposes.
l. You will not harvest, mine or otherwise collect or store personal information about others, including without limitation e-mail addresses and Member profiles.
m. You will not use or 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 BOLDAMERICANS 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, BOLDAMERICANS 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. BOLDAMERICANS reserves the right to revoke these exceptions either generally or in specific cases.
n. You agree not to collect or harvest any personally identifiable information, including without limitation usernames, from the Site or to use the communication systems provided by the Site for any commercial solicitation purpose.
o. You agree not to solicit, for commercial purposes, Users, including Members, of the Site.
p. You agree not to include in any User-Generated Content any email addresses or telephone numbers of any entity or person, including your own.
q. You agree not to submit any User-Generated Content that infringes on the copyright, trademark or intellectual property rights of any person, entity or that may contain proprietary information that otherwise violates the legal rights of any person or entity. BOLDAMERICANS does not permit copyright infringing activities and infringement of intellectual property rights on its Site. BOLDAMERICANS will remove all Content and User-Generated Content if properly notified that such Content or User-Generated Content infringes on another’s intellectual property rights. BOLDAMERICANS reserves the right to remove Content and User-Generated Content without prior notice and expressly reserves it rights under the Good Samaritan provisions of Communications Decency Act, Title 47, United States Code, Section 230(c).
r. You agree not to include links as part of your signature line as they will be considered a form of solicitation and removed
10. USER-GENERATED CONTENT LICENSE
As a Member, you may post or submit content to the Site. You understand that whether or not such User-Generated Content is published, BOLDAMERICANS does not guarantee any confidentiality with respect to any User-Generated Content.
You shall be solely responsible for your own User-Generated Content and the consequences of posting or publishing it. In connection with User-Generated Content, you affirm, represent and/or warrant that you own or have the necessary licenses, rights, consents and permissions to use and authorize BOLDAMERICANS to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all of your User-Generated Content to enable use of the User-Generated Content in the manner contemplated by the Site and these Terms.
For clarity, you retain all of your ownership rights in your User-Generated Content. By submitting your User-Generated Content to the Site, you hereby grant BOLDAMERICANS a worldwide, perpetual, irrevocable, non-exclusive, royalty-free, sub-licenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User-Generated Content in connection with the Site and BOLDAMERICANS’ business, including without limitation for promoting and redistributing part or all of the Site (and derivative works thereof) in any and all media formats and through any and all media channels. You also hereby grant each User of the Site a non-exclusive license to access your User-Generated Content through the Site and to use, reproduce, distribute, display and perform such User-Generated Content as permitted through the functionality of the Site and under these Terms.
You further agree that you will not submit material that is: (a) copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including without limitation privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner(s) to post the material and to grant BOLDAMERICANS all of the license rights granted herein; and (b) in connection with User-Generated Content, contrary to applicable local, national, and international laws and regulations.
11. LICENSE GRANT AND CONTENT
Subject to these Terms, BOLDAMERICANS hereby grants you a nonexclusive, nontransferable right to: (a) access the Site; (b) access the Content and the software which includes, but is not limited to files, images incorporated in or generated by the software, and data accompanying the software (collectively, the “Software”), made available through the Site; and (c) download, print and use one copy of the Content for your personal or internal use only. Unauthorized access to the Site, or to the telecommunications or computer facilities used to deliver the Site, is a breach of the Terms and is a violation of law.
If you download Software from the Site, the Software is licensed to you by BOLDAMERICANS pursuant to the above license grant and pursuant to other terms and conditions that accompany the Software, if any. BOLDAMERICANS does not transfer title to the Software to you. You may own the medium on which the Software is recorded, but BOLDAMERICANS or its licensors retains full and complete title to the Software and all intellectual property rights therein.
No Content, or trademarks, service marks and logos contained in the Content (collectively, “Marks”), may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way without the prior written consent of BOLDAMERICANS or the applicable owner of such Content and Marks. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. Modification of the Content or use of the Content for any other purpose is a violation of BOLDAMERICANS’ copyright and other proprietary rights. For purposes of these Terms, the use of any such Content on any other website or networked computer environment is prohibited.
Except as specifically permitted in these Terms, you may not, directly or indirectly,: (i) transfer, sell, sublicense, rent or lease the Content on the Software; (ii) circumvent any encrypted data or gain access to more materials or data than was licensed or use the Site in any manner which violates this these Terms or any applicable law; (iii) reverse engineer, decompile, disassemble, translate or convert any Software or computer programs used to access the Site; and/or (iv) copy (except as provided herein), reproduce, disclose, distribute, display, perform, publish, adapt, create derivative works of, translate or otherwise modify the Content and/or Software or permit any third party to engage in any of the acts proscribed in clauses (i) through (iv). Upon request, you must provide BOLDAMERICANS with evidence of compliance with this Section. Any special rules for the use of the Content or Software, accessible on the Site may be included elsewhere within the Site and are incorporated into these Terms by reference.
The Content of the Site is protected by copyright and other United States and foreign intellectual property and related laws, rules and regulations. The Content includes both material owned or controlled by BOLDAMERICANS and material owned or controlled by third parties and licensed to BOLDAMERICANS. Except for Content you post to the Site, title to all Content remains with BOLDAMERICANS or the third party owners of such Content. Any use of the Content not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark and other laws. All rights not expressly granted herein are reserved by BOLDAMERICANS.
12. TERMINATION OF MEMBERSHIP
You furthermore agree not to re-register as a Member of the Site. You acknowledge that we reserve the right to take action – technical, legal or otherwise – to block, nullify or deny your ability to utilize or participate on the Site. You understand that we may exercise this right in our sole discretion.
BOLDAMERICANS reserves the right to: (a) delete any or all content provided by you or your agent(s) to the Site; (b) discontinue your registration with the Site; (c) discontinue your subscription to any digital product, product, course, event, content, tool or service used or purchased through the Site; (d) notify and/or send content to and/or fully cooperate with the proper law enforcement authorities for further action; and/or (e) any other action which BOLDAMERICANS deems to be appropriate.
If your ability to access the Site and/or any other service, product, content, course, event, tool or digital product provided to you by BOLDAMERICANS is discontinued by BOLDAMERICANS due to your violation of any portion of these Terms or for conduct otherwise inappropriate for the Site, then you agree that you shall not attempt to re-register with or access the Site and/or any other digital product, course content or service provided by BOLDAMERICANS, through use of a different username or otherwise, and you acknowledge that you will not be entitled to receive a refund for fees related to those digital products, products, courses events or content and services to which your access has been terminated. If you violate the immediately preceding sentence, BOLDAMERICANS reserves the right, in its sole discretion, to immediately take any or all of the actions set forth in clauses (a) – (e) of this Section without any notice or warning to you.
A Member may delete his/her registration information at any time by sending an email (including username and password) to email@example.com. BOLDAMERICANS may, in its sole discretion, terminate a Member if he/she has been inactive for a period of twelve (12) months. A Member will be defined as inactive if she/he has not logged into the Site with her/his username and password.
13. THIRD PARTY LINKS
These Terms apply only to the Site. The Site may provide links to other web sites and resources, the content and features of which may change over time. Because BOLDAMERICANS has no control over such third-party sites and resources, you acknowledge and agree that BOLDAMERICANS is not responsible for the availability of such websites or resources and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such web sites or resources.
YOU AGREE THAT YOUR USE OF THIRD PARTY WEB SITES AND RESOURCES, INCLUDING WITHOUT LIMITATION YOUR USE OF ANY CONTENT, INFORMATION, DATA, ADVERTISING, PRODUCTS OR OTHER MATERIALS ON OR AVAILABLE THROUGH SUCH WEB SITES AND RESOURCES, IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS APPLICABLE TO SUCH WEB SITES AND RESOURCES.
It is possible that other web sites and resources provide links to the Site (whether with or without BOLDAMERICANS’ authorization). BOLDAMERICANS has no control over web sites and resources that provide links to the Site and you acknowledge and agree that BOLDAMERICANS does not endorse such web sites and is not responsible for any links from those web sites or resources to the Site or for any content, advertising, products or other materials available on such other web sites. You further acknowledge and agree that BOLDAMERICANS is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or inability to use (i) web sites or resources to which BOLDAMERICANS provides links or that provide links to the Site, or (ii) any content, goods or services available on or through any such web sites or resources.
BOLDAMERICANS has the right, at any time and in its sole discretion, to block links to the Site through technological or other means, without prior notice.
14. DEALINGS WITH THIRD-PARTY PROVIDERS OF GOODS AND SERVICES
Your correspondence or business dealings with, or participation in promotions sponsored by, any third party advertisers or other third party providers of goods or services made available on or through the Site, including payment and delivery of goods or services (and expressly including, without limitation, travel or tours arranged through the Site), and any other term, condition, warranties or representations associated with such dealings, are solely between you and such third-party advertiser or provider and solely at your own risk. You agree that BOLDAMERICANS is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third-party advertisers or providers on the Site.
16. SWEEPSTAKES, CONTESTS AND PROMOTIONS
Any sweepstakes, contest or similar promotion made available through the Site or for which BOLDAMERICANS may, from time to time, send e-mail messages to you will be governed by official rules that are separate from and may vary from these Terms. By participating in any such sweepstakes, contest or similar promotion, you will become subject to its specific official rules. Note, however, that you remain subject to these Terms to the extent they do not conflict with the applicable official rules.
17. SYSTEM OUTAGES
BOLDAMERICANS periodically schedules system downtime for maintenance and other purposes. Unplanned system outages also may occur. BOLDAMERICANS has no liability whatsoever for: (a) the resulting unavailability of the Site; (b) any loss of data or transactions caused by planned or unplanned system outages; (c) the resultant delay, misdelivery or nondelivery of information caused by such system outages; or (d) any third party acts or any other outages of web host providers, Internet service providers or the Internet facilities and networks.
YOU EXPRESSLY AGREE THAT USE OF THE SITE, INCLUDING BUT NOT LIMITED TO ALL CONTENT, SERVICES, DIGITAL PRODUCTS, COURSES, EVENTS, TOOLS AND PRODUCTS PURCHASED THROUGH THE SITE, IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW. BOLDAMERICANS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. BOLDAMERICANS DOES NOT WARRANT THAT THE SITE WILL MEET YOUR REQUIREMENTS, OR THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED OR THAT SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR ANY OTHER HARMFUL COMPONENTS. BOLDAMERICANS DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE CONTENT ON THE SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE. YOU (AND NOT BOLDAMERICANS) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION OF ANY DEVICE THAT YOU USE TO ACCESS THE SITE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
19. LIMITATION OF LIABILITY
BOLDAMERICANS IS A PROVIDER OF AN INTERACTIVE COMPUTER SERVICE WITHIN THE MEANING OF THE COMMUNICATIONS DECENCY ACT (TITLE 47, UNITED STATES CODE, SECTION 230) AND RESERVES ALL RIGHTS GRANTED UNDER SUCH LAW.
BOLDAMERICANS IS NOT LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE SITE OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS, SERVICES, DIGITAL PRODUCTS, EVENTS, COURSES AND/OR CONTENT PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SITE OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES EVEN IF THEBLAZE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 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.
You agree to defend, indemnify and hold each of BOLDAMERICANS and/or its parent corporations, subsidiaries and affiliated entities and their respective members, shareholders, officers, directors, employees and agents, harmless from and against any and all third party claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to reasonable attorneys’ fees) due to or arising out of: (a) your use of and access to the Site; (b) your violation of any provision of these Terms; (c) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (d) any claim that any of your User-Generated Content caused damage to a third party.
BOLDAMERICANS and BOLDAMERICANS’ logo and other product and service names of BOLDAMERICANS are trademarks of BOLDAMERICANS, LLC (the “BOLDAMERICANS Marks”). You agree not to display, reproduce or otherwise use in any manner the BOLDAMERICANS Marks without BOLDAMERICANS’ prior written permission.
22. CLAIMS OF COPYRIGHT INFRINGEMENT
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you are a copyright owner or an agent thereof and believe in good faith that materials hosted by BOLDAMERICANS infringe your copyright, you (or your agent) may send BOLDAMERICANS’ designated copyright agent a notice requesting that the material be removed or access to it blocked by providing BOLDAMERICANS’ 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 the Site are covered by a single notification, a representative list of such works at the 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 BOLDAMERICANS to locate the material;
- Information reasonably sufficient to permit a BOLDAMERICANS representative to contact you, such as a name, address, telephone number, and, if available, an e-mail address;
- 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.
If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you (or your agent) to send BOLDAMERICANS’ copyright agent a counter-notice with the following information in writing (see 17 U.S.C 512(g)(3) for further detail):
- Your physical or electronic signature;
- Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
- A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;
- Your name, address, telephone number, and a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located or, if your address is outside of the USA, for any judicial district in which BOLDAMERICANS may be found, and that you will accept service of process from the person who provided notification of the alleged infringement or an agent of such person.
If a counter-notice is received by our copyright agent, BOLDAMERICANS 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 or the 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 BOLDAMERICANS’ sole discretion.
Notices and counter-notices with respect to this website should be sent to BOLDAMERICANS’ copyright agent:
BOLD AMERICANS, LLC
1323 Queens Road, Suite 220
Charlotte, North Carolina 28207 USA
BOLDAMERICANS suggests that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the DMCA. BOLDAMERICANS will terminate a Member and a Member’s access to the Site or the Services if, under appropriate circumstances, the Member is determined to be a repeat infringer.
For clarity, only DMCA notices and counter-notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to BOLDAMERICANS at firstname.lastname@example.org. You acknowledge that if you fail to comply with all of the requirements of this Section, your DMCA notice may not be valid.
23. USER DISPUTES
You are solely responsible for any interaction with other Users or Members of the Site. BOLDAMERICANS reserves the right but shall have no obligation to monitor disputes between you and any other Users or Members of the Site.
24. PARENTAL CONTROLS
Parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that may be considered harmful to minors.
25. USERS FROM OUTSIDE THE UNITED STATES
By visiting the Site, submitting information or using any of BOLDAMERICANS’ products or services, you acknowledge that you accept the practices and policies outlined in these Terms and consent to having your data transferred to and processed in the United States. If you do not agree to these Terms, please do not use the Site.
The Site is controlled and operated by BOLDAMERICANS from the United States. BOLDAMERICANS does not represent or warrant that the Site, or any part thereof, is appropriate or available for use in any particular jurisdiction. Those who choose to access the Site do so on their own initiative and at their own risk, and are responsible for complying with all local laws, rules and regulations. You also are subject to United States export controls in connection with your use of the Site and/or services related thereto and are responsible for any violations of such controls, including, without limitation, any United States embargoes or other federal rules and regulations restricting exports. BOLDAMERICANS may limit the availability of the Site, in whole or in part, to any person, geographic area or jurisdiction that BOLDAMERICANS chooses, at any time and in BOLDAMERICANS’ sole discretion.
26. MOBILE TERMS AND CONDITIONS
The Site also includes versions designed for mobile content that can be viewed on mobile devices (the “Mobile Sites”). Content available through the Mobile Sites includes newsletters, alerts, ring tones, streaming and/or downloading of images and videos (collectively, the “Mobile Content”). In order to use the Mobile Sites, you must have a wireless mobile device capable of two-way messaging and wireless service (with SMS (text messaging) capability) through a participating mobile service provider.
(a) You agree that are solely responsible for all message and data charges that you incur from your mobile service provider for your use of the Mobile Sites. These charges may include standard and premium SMS charges and may be recurring or one-time. All charges are billed by and payable to your mobile service provider. Please contact your mobile service provider for pricing plans and details.
(b) BOLDAMERICANS reserves the right, for any reason and in its sole discretion, to modify, suspend or discontinue any of the Mobile Content, the Mobile Sites and your use thereof without prior notice. The Mobile Sites are offered on an “as is” basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other service changes made by your mobile service provider.
(c) BOLDAMERICANS does not warrant or represent that your use of Mobile Content will not infringe rights of third parties not owned by or affiliated with BOLDAMERICANS. The trademarks, logos and service marks displayed in the Mobile Content are registered and unregistered trademarks of BOLDAMERICANS and others. Nothing contained in the Mobile Content should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of the trademarks, logos and service marks displayed in the Mobile Content without the written permission of their owners. You should assume that everything you see or read on the Mobile Sites is copyrighted unless otherwise noted and may not be used except as provided in these Mobile Terms without the written permission of BOLDAMERICANS. Your misuse of the trademarks, logos and service marks displayed on the Mobile Sites except as provided in these Mobile Terms and the Web Terms may violate copyright laws, trademark laws, the laws of privacy and publicity and communications regulations and statutes and is strictly prohibited. You also are advised that BOLDAMERICANS will aggressively enforce its intellectual property rights to the fullest extent of the law, including by criminal prosecution.
(d) While we use reasonable efforts to include accurate and up-to-date information in the Mobile Content, we make no warranties or representations as to its accuracy and assume no liability or responsibility for any error or omission in the Mobile Content.
(e) Your use of the Mobile Sites is at your own risk. Neither BOLDAMERICANS nor any other party involved in creating, producing or delivering the Mobile Content is liable for any direct, incidental, consequential, indirect or punitive damages arising out of your access to, or use of, the Mobile Sites. Without limiting the foregoing, everything on the Mobile Sites is provided to you “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. BOLDAMERICANS encourages you to check your local laws for any restriction or limitation regarding the exclusion of implied warranties. BOLDAMERICANS is not responsible for any damage to your mobile device that may occur from your use of the Mobile Sites. BOLDAMERICANS also does not assume any responsibility, and shall not be liable for, any damage to or virus that may infect your computer equipment or other property as a result of your use of the Mobile Sites, including the downloading of Mobile Content. Further, BOLDAMERICANS has not reviewed all the sites linked to the Mobile Site and is not responsible for the content of any other site linked to the Mobile Site. You link to off-site content at your own risk.
(f) BOLDAMERICANS and its affiliated companies, subsidiaries, advertising agencies and any other entity involved in the Mobile Content available on the Mobile Sites (“Released Parties”) are not responsible for and shall not be liable for any claim or liability of any kind arising in whole or in part, directly or indirectly, out of your use of the Mobile Sites, including but not limited to (i) errors in transmission, including but not limited to any incomplete, lost, late, stolen, delayed, misdirected or garbled message or failure to receive messages; (ii) service outages or delays or for any human or other errors or problems of any kind or technical or electrical malfunctions of any computer, network, telephone network or lines, computer on-line systems, servers or providers, computer equipment, software, failure of email due to technical problems or traffic congestion on the Internet or at any web site or combination thereof; (iii) injury or damage to your or to any other person’s computer or wireless device related to or resulting from participating in, or downloading materials or software, or attempts to participate in or download materials or software related to your use of the Mobile Sites; and/or (iv) failures or malfunctions of wireless phone/headsets and other devices, cellular equipment towers, telephone systems or wireless services or other communications malfunctions. Released Parties are not responsible for and shall not be liable for any condition caused by events beyond the control of Released Parties that may cause the Mobile Sites to be disrupted or corrupted or for typographical or other errors in the printing, the offering or the administration of these Mobile Terms. By using the Mobile Sites, you assume all liability for any injury or damage caused or claimed to be caused by your use of the Mobile Sites and release and hold the Released Parties harmless from any claim or liability of any kind arising in whole or in part, directly or indirectly, out of your use of the Mobile Sites.
(g) Software available from the Mobile Sites may be further subject to United States Export laws, rules and regulations, as amended from time to time. No software available from the Mobile Sites may be downloaded or exported (i) into (or to a national or resident of) Cuba, Libya, North Korea, Iran, Syria, Sudan or any other country to which the United States has embargoed goods; or (ii) anyone on the United States Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading Mobile Content and otherwise using the Mobile Sites, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
BOLDAMERICANS reserves the right to modify the Mobile Terms from time-to-time, in its sole discretion. Please check back periodically for modifications. Your continued use of any of the Mobile Sites will constitute your acceptance of such modifications. In the event of conflict between the Mobile Terms and the Web Terms, the Mobile Terms will govern.
Any notice or other communication required or permitted to be made under these Terms or the Mobile Terms may be delivered in person, by telecopier transmission, by United States certified or registered mail, by a nationally-recognized overnight courier or, as provided below, by electronic means. Except as otherwise provided herein, a notice shall be effective (a) upon receipt, if delivered in person; (b) upon receipt (confirmed by automatic answer back or like evidence of receipt), if sent by telecopier during normal business hours at the office of the recipient thereof and otherwise at the opening of business at such recipient’s office on the next business day; (c) three (3) days after deposit into the United States mail, if sent by certified or registered mail, return receipt requested; (d) at 11:00 a.m. on the next business day, if sent by overnight courier; and (e) as provided below, if sent by electronic means. In each case, such notice to any party shall be made to the address of such party indicated (i) in the case of the BOLDAMERICANS below, or (ii) in the case of the User, the address provided by the User upon registration. Either party may from time to time change its address for receiving notices in writing, or its electronic address, in the case of BOLDAMERICANS, by posting a change of address on the Site or, for either party, by sending a notice to the other party in writing or by electronic means promptly confirmed in writing. Any notice or other communication to be made hereunder, even if otherwise required to be in writing under other provisions of these Terms, may alternatively be made in an electronic record transmitted electronically to the electronic addresses set forth (1) in the case of BOLDAMERICANS, below, or (2) in the case of the User, the electronic address provided by the User upon registration. Any notice or other communication made in electronic form will have the same legal effect and enforceability as if made in non-electronic form. BOLDAMERICANS also may broadcast notices, messages or other matters of importance on the Site; such broadcasts shall constitute notice to all Users.
Governing Law:These Terms and the Mobile Terms are governed and interpreted in accordance with the laws of the State of North Carolina and the United States of America, without giving effect to any choice of law or conflict of law provisions that would cause the application of any other state’s or nation’s laws.
Arbitration:THIS SECTION PROVIDES FOR RESOLUTION OF DISPUTES THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY. All disputes arising under or relating to these Terms or the Mobile Terms or to your use (or inability to use) of the Site shall be settled by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules and Supplementary Procedures for Consumer-Related Disputes (“Supplementary Procedures”), as amended by the terms of these Terms. The Supplementary Procedures are available online at www.adr.org. To the extent that the arbitrator deems reasonable, the arbitrator may conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances. Any in-person appearances requested by the arbitrator shall be held in the County of Mecklenburg in the State of North Carolina. The arbitrator’s decision shall be based upon the substantive laws of the State of North Carolina without regard to its principles of conflicts of law. Arbitration proceedings shall be conducted in English and shall be conducted in a manner that preserves confidentiality. The arbitrator’s decision shall follow the plain meaning of the relevant documents and shall be final and binding. The award rendered by the arbitrator(s) may be confirmed and enforced in any court having jurisdiction thereof. The foregoing shall not preclude BOLDAMERICANS from seeking any injunctive relief in U.S. state or federal courts for protection of its intellectual property rights (including the rights of its licensors), and you agree to exclusive jurisdiction by the federal and state courts located in Mecklenburg County in the State of North Carolina, and waive any jurisdictional, venue or inconvenient forum objections to such courts.
No Rights of Third Parties: These Terms do not create rights enforceable by third parties.
Other: These Terms do not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between the parties hereto. These Terms will bind and inure to the benefit of each party’s successors and permitted assigns. You may not assign, transfer, or sublicense any of your rights or obligations under these Terms without BOLDAMERICANS’ prior express written consent. No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. If any part of these Terms is found by a court of competent jurisdiction to be invalid or unenforceable, it will be replaced with language reflecting the original purpose in a valid and enforceable manner, and the enforceable Sections of these Terms will remain binding upon the parties. Any heading, caption or Section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any Section or provision hereof. These Terms, together with all policies referred to herein, constitute the entire agreement between you and BOLDAMERICANS’ with respect to your use of the Site and the Mobile Sites and supersedes all prior or contemporaneous communications and proposals between you and BOLDAMERICANS regarding such subject matter. Without limitation, you agree that a printed version of these Terms 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.
28. CONTACTING BOLDAMERICANS
If you have any questions about BOLDAMERICANS generally, these Terms or the Site, please feel free to contact BOLDAMERICANS at:
- BOLDAMERICANS, LLC 1323 Queens Road, Suite 220, Charlotte, North Carolina 28207 USA
- Email: email@example.com
29. NOTICE TO CALIFORNIA RESIDENTS
Under California Civil Code Section 1789.3, California residents are entitled to the following specific consumer rights information:
- The provider of the website is BOLDAMERICANS 1323 Queens Road, Suite 220, Charlotte, North Carolina 28207 USA
To file a complaint regarding the website or to receive further information regarding use of the Site, send a letter to the above address, or contact BOLDAMERICANS via e-mail at firstname.lastname@example.org. You may also contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs in writing at 400 R Street, Suite 1080, Sacramento, California 95814
BOLDAMERICANS, LLC 1323 Queens Road, Suite 220, Charlotte, North Carolina 28207 USA
Attn: Tony Holden, Publisher