TERMS & CONDITIONS
PLEASE READ CAREFULLY BEFORE USING THIS SITE
Last Revised: November 25th, 2018
These Terms of Use describe the policies of Business Club, LLC (“BCL” or “we”) governing the use of its website, Businessclub.nyc (the “Site”). By using the Site, you indicate your acceptance of these Terms of Use. If you do not agree to the Terms of Use, please do not access this Site.
These Terms apply to all users of the site, including companies that work with (BCL) sponsor activities (“Club Members”) and others who join Business Club LLC as advisory members (“Advisory Members”). Members may also enter into further agreements with (BCL), in which case there Terms are incorporated into such other agreements.
(BCL) reserves the right to change these Terms of Use at any time, effective immediately after BCL gives notice of the change by a posting on the Site. Your use of this Site after such notice is posted indicates your acceptance of such changes.
(BCL) may change, suspend or discontinue any aspect of this Site at any time, including the availability of any feature or content. (BCL) may also impose limits on certain features and services or restrict your access to all or parts of this Site without notice or liability.
The Privacy Policy posted on this Site is incorporated into these Terms of Use by this reference.
MEMBERSHIP
To be able to use the full functionality of this Site, users must registered as Members or Honorary Members by completing a registration form, entering an email and a password, expressly indicating agreement to these Terms of Use and paying membership dues. Only Members and can participate in event gatherings designed by BCL and other Site offerings such as blogs, email and interactive functions (collectively “Forums”).
Registration is subject to BCL’s prior approval and your continued compliance with these Terms of Use. BLC reserves the right to refuse to permit participation by any applicant or participant at any time in its sole discretion. Multiple accounts held by the same individual or entities are subject to immediate termination unless expressly authorized in writing by BLC (including by e-mail). You are solely responsible for keeping your email address, payments and other contact information updated.
Registration Security:
a. You may not (i) select or use an email address or password of another person with the intent to impersonate that person; (ii) use an email or password in which another person has rights without such person's authorization; or (iii) use an email or password that BCL, in its sole discretion, deems offensive. Failure to comply with the foregoing shall constitute a breach of this Agreement, which may result in immediate termination of your account.
b. You shall be responsible for maintaining the confidentiality of your password, which you will not have to reveal to any representative or agent of BCL.
c. You shall notify BCL, by email to brodriguez@businessclub.nyc or by regular mail to 34-18 Northern Blvd, Long Island City, NY 11107, of any known or suspected unauthorized use(s) of your account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password or other personal information. You may share your password and email address with others, but you are responsible for all usage or activity on your account, including use of the account by any third party authorized by you to use your email and password. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your account, at BCL's sole discretion, and BCL may refer you to appropriate law enforcement agencies.
PARTICIPATION IN FORUMS
General Terms for Participation in all Forums include the following:
1. You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, communications or other materials, whether publicly posted or privately transmitted, that any user submits to any Forums (“User Generated Material” or “UGM”) are the user’s sole responsibility. This means that you, and not BCL, are entirely responsible for all Materials that you upload, post, email or otherwise transmit via Forums.
2. BCL does not endorse or control the UGM delivered to this Site, and BCL has no obligation to monitor UGM. As such, BCL does not guarantee the accuracy, integrity or quality of any UGM. However, BCL reserves the right (but not the obligation) in its sole discretion to edit, refuse to post or to delete any UGM, in whole or in part, that is in violation of these Terms of Use or that it deems to be objectionable or unacceptable for any reason whatsoever.
3. BCL further reserves the right at all times to preserve any UGM or to disclose any UGM as necessary to satisfy any law, regulation or governmental request or any good faith belief that such preservation or disclosure is necessary to (a) comply with legal process; (b) enforce these Terms of Use; (c) respond to claims that any UGM violates the rights of third-parties; or (d) protect the rights, property, or personal safety of BCL, its users and the public.
4. You understand that by using this Site, including its Forums, you may be exposed to UGM that is offensive, indecent or objectionable. Under no circumstances will BCL be liable in any way for any UGM, including, but not limited to, for any errors or omissions in any UGM, or for any loss or damage of any kind incurred as a result of the use of any UGM posted, emailed or otherwise transmitted via this Site, including its Forums.
5. You understand that the comments of others displayed in connection with UGM that you or others submit (“Third Party Comments”), may be disparaging, defamatory, embarrassing, or may expose you to public ridicule, humiliation or condemnation. BCL expressly disclaims any liability for any Third Party Comments. You acknowledge and agree that BCL shall have the right (a) to include any Third Party Comments on the Site and in any and all forms of advertising, promotion, and publicity for the UGM, or this Site generally, and (b) to broadcast and otherwise exploit UGM with or without Third Party Comments in any manner and in any media, whether now existing or hereafter developed.
6. By registering, accepting these Terms of Use, or uploading UGM, you represent and warrant to BLC the following: (a) you are at least 18 years of age, (b) all of the information provided by you to BCL to enroll and participate in the Site is correct and current; (c) you hold and will continue to hold the necessary rights, including but not limited to all copyrights, trademark rights and rights of publicity in the UGM to enter into this Agreement and to grant the rights granted herein; (d) you are the creator of any UGM you submit; (e) you have made any required payments to guilds, performing rights societies, or to any other body or group representing authors, composers, musicians, artists, and other participants in the production of the UGM, or other entities having legal or contractual rights of any kind to payments as a result of distribution or exhibition of the UGM; and (f) you have the legal right and authority to agree to, perform the acts required of you, and to grant the rights and licenses described in these Terms of Use.
7. It is a condition of your access and use of this Site that you do not:
a. Restrict or inhibit any other user from using and enjoying the Site;
b. Harm minors in any way;
c. Impersonate any person or entity, including, but not limited to, an employee or representative of BCL, or falsely state or otherwise misrepresent your affiliation with a person or entity;
d. Forge headers or otherwise manipulate identifiers in order to disguise the origin of any UGM transmitted by means of this Site;
e. Upload, post, email or otherwise distribute, publish or transmit on this Site any UGM that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
f. Upload, post, email or otherwise distribute, publish or transmit on this Site any unlawful, harmful, threatening, discriminatory, abusive, harassing, invasive of another's privacy, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including without limitation any transmission constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or foreign law;
g. Upload, post, email or otherwise distribute, publish or transmit on this Site any UGM that either involves nudity (including partial or complete nudity of any person under age 18); exploits persons under age 18, or discloses any personally identifying information about persons under age 18;
h. Upload, post, email or otherwise distribute, publish or transmit on this Site any information, software or other material which violates or infringes upon the rights of others, including material which is an invasion of privacy or publicity rights or which is protected by patent, copyright, trademark, trade secret or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or rights holder;
i. Upload, post, email or otherwise distribute, publish or transmit on this Site any information, software or other material which contains a virus or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, or any other harmful component;
j. Upload, post, email or otherwise distribute, publish or transmit on this Site or in any way exploit any information, software or other material for commercial purposes or which contains any form of solicitation (including, but not limited to, "junk mail," "spam," "chain letters," and "pyramid schemes"), advertising, promotion, marketing for goods or services, or any form of lottery, sweepstakes, or gambling;
k. Disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of this Site are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
l. Interfere with or disrupt this Site or servers or networks serving this Site, or disobey any requirements, procedures, policies or regulations of networks connected to this Site;
m. Intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
n. "Stalk" or otherwise harass another; or
o. Collect or store personal data about other users, except as specifically permitted hereunder.
8. By posting or submitting any materials (including but not limited to any remarks, ideas, graphics, photos, comments, product concepts, advertising concepts or ideas, and suggestions for improving or changing existing content) to this Site, you automatically grant (or warrant that the owner of such rights has expressly granted) to BCL a royalty-free, nonexclusive, perpetual and irrevocable worldwide right and license to use, reproduce, modify, publish and distribute such materials or incorporate such materials into any form or technology now known or later developed, and you waive any moral rights you may have in having the material altered or changed in a manner not agreeable to you. You further grant BCL a non-exclusive, worldwide, royalty-free license to use your name (or other identifying information that you submit) in connection with your UGM and to use your UGM for advertising and promotional purposes.
9. You warrant that any materials you upload, post, email or otherwise distribute, publish or transmit on this Site contains nothing that will give rise to civil or criminal liability or otherwise violate any local, state, national or foreign law, including nothing that is harmful, threatening, abusive, harassing, invasive of another's privacy or publicity rights, defamatory, obscene, vulgar, pornographic, profane or indecent, or that constitutes an infringement of anyone's patent, copyright, trademark, trade secret or other proprietary right, or derivative rights with respect thereto.
Specific Terms for Participation in Job Forums include the following:
Members agree: a) You are solely responsible for the content of your resume or other UGM that you post or submit to the Site and for any consequences arising from such posting; b) Resumes will contain your accurate resume seeking employment on your own behalf; c) Employers may collect and store data about you from your resume or your other postings on the Site.
Employers agree: a) You will access and use the Job Forums solely for the purpose of searching and recruiting employee prospects for your company only; b) Job postings will be for specific openings for traditional W-2 or 1099 employees; c) Resumes may not be shared with third parties without BCL’s express permission; d) You are solely responsible for the consequences of any contact you have with Members and other users and for any content you publish on the Site.
BCL assumes no responsibility or liability for the performance or nonperformance of Members or Employers. We do not endorse or make representations or warranties regarding the qualifications or qualities of Members or Employers nor do we guarantee any results regarding the effectiveness of applicants, employers, jobs or resumes posted, nor are we responsible for any employment decision made by Members or Employers.
PURCHASE OF PRODUCTS FROM THIS SITE
The purchase of any products from this Site is governed by the terms and conditions of the sales transaction with the provider of the product. BCL MAKES NO WARRANTY AS TO THE QUALITY OF SUCH PRODUCTS INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. BCL does not have any responsibility for the processing or delivery of products purchased from this Site.
Memberships purchased can be cancelled at anytime but all sales are final. No refunds. Memberships cancellation request must be made in written form to info@businessclub.nyc or brodriguez@businessclub.nyc allowed for memberships cancellation request a period of 30 days from the day of the request date.
LINKED SITES
This Site may contain links and pointers to internet sites maintained by others ("Third Party Sites"). The appearance of a link does not imply BCL's endorsement. BCL has not reviewed all of the Third Party Sites linked to the Site and is not responsible for the contents of or any products or services offered in such Third Party Sites. You access them at your sole risk, and you should direct any concerns regarding any Third Party Site to its site administrator or Webmaster.
SOFTWARE AVAILABLE ON THIS SITE
Any software that is made available to download from this Site, including any files or images incorporated in or generated by the software, and data accompanying the software (collectively, the "Software"), is the copyrighted work of the indicated author of the Software ("Author"). Use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software ("License Agreement"). An end user will be unable to install any Software that is accompanied by or includes a License Agreement, unless he or she first agrees to the License Agreement terms. The Author retains full and complete title to the Software itself and all intellectual property rights therein. You may not redistribute, sell, decompile, reverse-engineer or otherwise disassemble the Software. BCL MAKES NO WARRANTY AS TO THE QUALITY OF SUCH SOFTWARE INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Software from this Site is further subject to United States export controls. No software from this Site may be downloaded or otherwise exported or re-exported into (or to a national or resident of) any country to which the U.S. has embargoed goods. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country.
JURISDICTIONAL ISSUES
This Site is controlled and operated by BCL from its headquarters in New York City, New York, United States of America. BCL makes no representation that materials in the Site are appropriate or available for use in other locations. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
This agreement shall be governed by, construed and enforced in accordance with the laws of the State of New York, without giving effect to any principles of conflicts of law, except as to any provisions that may be governed by the laws of the United States, in which case the latter shall govern. You agree that any action at law or in equity arising out of or relating to these terms shall be filed only in the state or federal courts located in New York City and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.
ENFORCEABILITY AND TERMINATION OF AGREEMENT
If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. These Terms of Use, together with any other terms, conditions or policies set forth elsewhere in this Site, constitute the entire agreement between you and FLL in connection with your access to and use of the Site.
BCL may, in its sole discretion, terminate or suspend your access to all or part of this Site for any reason, including, without limitation, failure to comply with any of these Terms of Use. Upon termination, you must destroy all materials obtained from this Site and all copies thereof, whether made under the terms of this agreement or otherwise. In the event of termination, you are no longer authorized to access or use this Site, and the restrictions imposed on you with respect to materials downloaded from this Site and the disclaimers and limitations of liabilities set forth in this agreement shall survive.
DISCLAIMER
Your access to and use of this Site is at your sole risk. BCL makes no endorsements or guarantees whatsoever regarding any of the products or services posted or advertised on the site. Any reliance on anything posted on the Site is at your own risk. If you are dissatisfied with any of the materials contained in this Site, or with any of these Terms of Use, your sole and exclusive remedy is to discontinue accessing and using this Site.
THE MATERIALS IN THIS SITE AND ALL DOWNLOADABLE SOFTWARE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, BCL AND ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THIS SITE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THIS WEB SITE AND ANY AFFILIATED WEB SITE WITH WHICH IT IS LINKED. BCL DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE CORRECTNESS, ACCURACY, OR RELIABILITY OF THE MATERIALS, INFORMATION, OPINION OR ADVICE PROVIDED IN OR FROM THIS SITE. BCL DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
NO LIABILITY
To the fullest extent permitted by applicable law, BCL and all officers, directors, owners, employees, agents, information providers, affiliates, licensors and licensees (all of the foregoing, collectively, the "Indemnified Parties") shall in no event be liable for any claims, charges, demands, damages, liabilities, losses, or expenses of whatever nature and howsoever arising, including without limitation any compensatory, incidental, direct, indirect, special, punitive, or consequential damages, loss of use, loss of data, loss caused by a computer or electronic virus, loss of income or profit, loss of or damage to property, claims of third parties, or other losses of any kind or character, even if BCL or the Indemnified Parties have been advised of the possibility of such damages or losses, arising out of or in connection with the use of this Site or any web site with which it is linked. You assume total responsibility for establishing such procedures for data backup and virus checking as you consider necessary.
You hereby agree to indemnify, defend and hold harmless BCL and the Indemnified Parties from and against any and all claims, charges, demands, damages, liabilities, losses, and expenses of whatever nature and howsoever arising (including but not limited to any legal or other professional fees and the costs of defending or prosecuting any claim and any loss of profit, goodwill, and any other direct or consequential loss) incurred or suffered by BCL and the Indemnified Parties, directly or indirectly, by reason of any act or omission which you commit in breach of these Terms of Use (including but not limited to your obligations, representations and warranties contained herein) and any other terms and conditions or policies set forth elsewhere in this Site. You shall cooperate as fully as reasonably required in the defense of any claim. BCL reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
Because you have acknowledged that, at its sole discretion and for any reason, BCL may edit, refuse to post or to delete UGM you submit, in whole or in part, and may terminate or suspend your access to all or part of this Site, that you have granted (or warranted that the owner of such rights has expressly granted) to BCL a royalty-free, nonexclusive, perpetual and irrevocable right and license to use, reproduce, modify, publish and distribute UGM you submit or incorporate such UGM into any form or technology now known or later developed, and that you have waived any moral rights you may have in such UGM, you hereby agree that if you unsuccessfully prosecute a claim against BCL and/or any of the Indemnified Parties that arises from its exercise of its rights to edit, refuse to post or to delete UGM you have submitted, to terminate or suspend your access to all or part of this Site, to use its royalty-free, nonexclusive, perpetual and irrevocable right and license to use, reproduce, modify, publish and distribute UGM you submit, or seeking to recover for violation of your moral rights, you agree to reimburse BCL and/or the Indemnified Parties for all costs of defending any such claim, including but not limited to any legal or other professional fees).
MINORS
Business Club aims to provide a family oriented networking environment and B2B forum to its members. Even so, because the Site accepts User Generated Material, it may occasionally contain material that may not be appropriate for people under 18 years of age. If there is a concern by parents that children may visit this site, BCL recommends using a parental control software package. Please read the BCL Privacy Policy, in particular the Policy for Minors, for more information regarding the collection of personal information from children.
COPYRIGHTS AND TRADEMARKS
All materials published on this Site (including but not limited to articles, photographs, images, illustrations, audio clips and video clips) are protected by copyrights which are owned or controlled by BCL or the party credited as the provider of the material. The entire contents of this Site are also copyrighted as a collective work under the United States copyright laws, and the selection, coordination, arrangement and enhancement of such content are protected by copyright. You shall abide by all copyright notices and other restrictions contained in any material accessed through this Site. Except to the extent otherwise provided on the Site, no material from this Site may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way, except that you may download one copy of the materials on any single computer for your personal, noncommercial home use, and you may print one hard copy of the material on this Site for your personal, noncommercial use, provided you keep intact all copyright and other proprietary notices. You acknowledge that you do not acquire any ownership rights by downloading or printing copyrighted material. Modification of the materials or use of the materials for any purpose other than personal, noncommercial use is a violation of the respective owners' copyrights and other proprietary rights. The use of any such material on any other Web site or networked computer environment is prohibited.
All trademarks, service marks, and trade names are proprietary to BCL or other designated owner of a posted mark. Elements of this Site are protected by trade dress and other laws and may not be copied or imitated in whole or in part.
DIGITAL MILLENIUM COPYRIGHT ACT (DMCA) – INFRINGEMENT NOTIFICATION
BCL has a policy of responding to notices of alleged infringement that comply with the Digital Millennium Copyright Act (DMCA), which may include removing material claimed to be the subject of infringing activity. If BCL removes UGM to comply with the DMCA, BCL will attempt to contact the providers of such UGM to enable them to make a counter notification pursuant to sections 512(g)(2) and (3) of the DMCA. It is BCL’s policy to document all notices of alleged infringement on which BCL acts. A copy of the notice will be sent to a third party who will make it available to the public. Please note that you will be liable for damages (including costs and attorneys' fees) if you materially misrepresent that a product or activity is infringing your copyrights. BCL will terminate the accounts of any users (including terminating their login and password) and/or block access to the Site of any users who repeatedly infringe the copyrights of others.
To file a notice of infringement, you must provide BCL with a written notice that includes each of the following items:
- Detailed identification of the copyrighted work that you believe has been infringed.
- Detailed identification of the material you claim infringes this copyrighted work.
- Information reasonably sufficient to permit BCL to contact you (e-mail address is preferred).
- The statement: "I have a good faith belief that use of the copyrighted materials described above on the allegedly infringing web pages is not authorized by the copyright owner, its agent, or the law. I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed."
- Your signature.
Send the Infringement Notification to the following address:
Brodriguez@businessclub.nyc
or
18-34 Northern Blvd, Long Island City, NY 11101
ATTN: Benjamin Rodriguez
DIGITAL MILLENIUM COPYRIGHT ACT (DMCA) – COUNTER NOTIFICATION
The provider of affected UGM may make a counter notification pursuant to sections 512(g)(2) and (3) of the Digital Millennium Copyright Act. When BCL receives a counter notification, BCL may reinstate the material in question. Please note that you will be liable for damages (including costs and attorneys' fees) if you materially misrepresent that a product or activity is not infringing the copyrights of others.
To file a counter notification, you must provide BCL with a written notice that includes each of the following items:
- Detailed identification of the material BCL has removed.
- Your name, address, telephone number, email address, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located (or New York, New York if your address is outside of the United States), and that you will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.
- The statement: "I swear, under penalty of perjury, that I have a good faith belief that each search result or message identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled."
- Your signature.
Send the Counter Notification to the following address:
brodriguez@businessclub.nyc
or
18-34 Northern Blvd, Long Island City, NY 11101
Yonkers NY 10710
ATTN: Benjamin Rodriguez
OTHER CONTACT INFORMATION
If you have any other comments or questions regarding any content on the Site, including but not limited to comments regarding the accuracy of any information, or any content that you believe infringes any of your rights, you may contact BCL at brodriguez@businessclub.nyc or 18-34 Northern Blvd, Long Island City, NY 11101 ATTN: Benjamin Rodriguez. BCL will review all such comments and questions within seven (7) days of receipt thereof, and take any action that it reasonably believes necessary, in its sole and absolute discretion.