1. General Information
Waiver and Severability of Terms. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of the listed rights or provisions. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, you nevertheless agree that the court should try to give effect to our intentions as reflected in the provision, and that the other provisions of these Terms remain in full force and effect.
Modifications to the Platform. BCL reserves the right to modify the products or services offered on the Platform at any time, with or without notice and in BCL’s sole discretion. BCL shall not have any liability for any discontinuence of or modifications to Service or product offerings made on the Platform.
2. Description of Services
The Platform provides you with access to a growing variety of services and resources including, but not limited to, viewing videos, digital downloads of audio, video, art, music, and other files, sample documentation and example forms, informational content, written, audio, and video training resources, news and updates, other various communications tools, forums, and personalized content, and various apps (the “Content”) at no charge to you. The Content is protected by copyright, patent and/or other proprietary intellectual property rights under United States and foreign law. By using the Platform, you understand that this usage may include communications from us, including, but not limited to, service announcements, administrative messages, and other messages to which you have individually subscribed. You understand and agree that you are responsible for obtaining access to the Platform, which may involve equipment and third-party fees (such as Internet service provider fees, airtime charges, or other charges associated with the display and delivery of messages).
a. “Trademarks” means any trademarks owned by BCL and any trademarked material from BCL’s Partners.
b. “Partner” means individuals and organizations who have given BCL permission to place their own content, creative works, and trademarks on BCL Platform.
c. “Platform” means the website located at and all of BCL’s websites and applications.
d. “Terms” means these Terms of Service which govern all use of the Platform and the Content.
e. “User(s)” or “You(r)” means the individual using the Platform or Content themselves.
4. License Grant to You; BCL’s Intellectual Property Rights
In consideration for your agreement to these Terms, BCL grants you a personal, non-exclusive, non-transferable, revocable license to access and use the Platform solely in accordance with the Agreements. BCL may make BCL Content available to you in the time and manner as is determined in BCL’s sole discretion. You may obtain and use BCL Content only for your own personal, non-commercial use. You may only copy and modify BCL Content as necessary for your own personal, noncommercial use. Except as expressly set forth in these Terms, You may not transfer, retransmit, distribute, publish, commercially exploit or create derivative works of BCL Content. You may not reverse-engineer, decompile, disassemble or otherwise access the source code for any software that may be used to operate any or all of the Platform. Notwithstanding the foregoing, some of the Content may be made available to you with the permission of third parties, and use of that third party material may be subject to certain rules and conditions, which we will post along with the material or otherwise inform you about. You agree to abide by all such rules and conditions.
BCL logos, trademarks and service marks that may appear in the Services ("Marks") are the property of BCL and are protected under United States and foreign laws. All other trademarks, service marks and logos used in the Services, with or without attribution, are the trademarks, service marks or logos of their respective owners.
BCL and/or its affiliates and licensors reserve all rights not expressly granted herein to the Programs, Services, BCL Content, and Marks.
Nothing in these Terms or the licenses granted thereby is intended to reduce, limit, or restrict any rights arising from fair use, first sale or other limitations on the exclusive rights of the copyright owner under copyright law or any other applicable laws.
Unless otherwise expressly agreed in writing by BCL, full payment for purchase of any products or services on the Platform is required at the time of such purchase. All sales of products and services offered by BCL and purchased through the Platform are final. Prices for all products available on the Platform are subject to change without notice. BCL makes no representations with respect to the availability or quality of any products, materials or services that you purchase from a third-party website that links to or from any of our sites, or as a result of third-party content (including advertisements) posted, displayed, or included on any of our sites. BCL does not endorse any of the products, nor has BCL taken any steps to confirm the accuracy or reliability of, any of the information contained in such third-party sites or content (including advertisements).
BCL makes every effort to display the colors and images of our products that appear at the store as accurately as possible. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. Any offer for any product or service made on the Platform is void where prohibited.
7. Links to Third Party Websites
a. Linking to Third Party Sites from the Platform
From time to time, BCL may provide links on the Platform that will allow you to connect with websites of third-parties that are not under BCL’s control. BCL provides these links only as a convenience to you. Further, there may be times while on the Platform that you could be directed to sites that are beyond BCL’s control. This includes links from other entities that may use BCL’s logo(s) as part of an agreement with BCL. These other sites may send their own cookies to users, collect data, solicit personal information, or contain information that you may find inappropriate or offensive.
b. No Warranties
c. No Endorsement
Links to other websites do not imply an endorsement of the materials, products, content or ideas displayed on, or disseminated at or through those third-party websites, nor does the existence of a link to another website imply that the organization or person publishing at that website endorses any of the materials or ideas on the Platform. BCL reserves the right to disable links from third-party sites to the Platform at any time without prior notice.
d. Rules for Linking to the Platform
BCL may provide the option for you to post a link to the Platform from your website or other third-party websites.
If you link to a BCL copyrighted article on the Platform, we grant you the right to post a maximum of 50 words (per Fair Use standards) of the copyrighted article along with the link to the full article on the Platform. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the Content on the Platform is strictly prohibited. BCL does not grant you the right to link to any Third Party Content on the Platform.
BCL reserves the right to, at any time, with or without cause, and without prior notice, ask you to remove the link to the Platform. In such case, You agree to remove the link immediately upon request.
In establishing hypertext links to the Platform, you expressly agree not to represent in any way, expressly or by implication, that you have received any endorsement, sponsorship or support of BCL, including its respective employees, agents, directors, officers and shareholders.
8. User Comments, Feedback and Other Submissions
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'Comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any Comments that you forward to us. We are and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay compensation for any Comments; or (3) to respond to any Comments.
You agree that your Comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your Comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any Comments. You are solely responsible for any Comments you make and their accuracy. We take no responsibility and assume no liability for any Comments posted on the Platform by you or any third-party.
9. Mobile and Other Devices
We provide the Website for free, but please be aware that your carrier's normal rates and fees, such as text messaging and data charges, will still apply.
11. Registration and Account Security
Users agree to provide their real name and information, and we need your help to keep it that way. Here are some commitments you make to us relating to registering and maintaining the security of your account:
a. you will not provide any false personal information or create an account for anyone other than yourself without permission;
b. if we disable your account, you will not create another one without our express written permission;
c. you acknowledge that Platform is a general audience site and is not targeted at children. You will not use the Platform if you are under the age of 13. If you are under 18, we may, at our discretion, require you to obtain the consent of a parent or guardian to view certain content or participate in certain services, and we may limit access to certain content to users above a specified age. You agree to abide by any such restrictions, and not to help anyone avoid these restrictions;
d. you will keep your contact information accurate and up-to-date; and
e. if you select a username or similar identifier for your account, we reserve the right to remove or reclaim it if we believe this action is appropriate (such as when a trademark owner complains about a username that does not closely relate to a User's actual name).
You agree that we may, for any reason or no reason and without prior notice, at our sole discretion, immediately terminate your account and access to the Platform at any time and for any reason, and shall not be liable to you or any third party for any termination of your account or access to the Platform. You agree that we will not be liable to you or to any third party for termination of your access to the Platform as a result of any violation of these Terms.
14. Modifications to Service
We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Platform (or any part thereof) with or without notice. You agree that we shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Platform.
15. Governing Law & Dispute Resolution
The Terms and the relationship between you and us shall be governed by the laws of the State of California without regard to its conflict of law provisions. You agree to submit to the personal and exclusive jurisdiction by venue in the state and federal courts in the County of San Diego, California, and waive any objection to such jurisdiction or venue. Any claim under these Terms must be brought within one (1) year after the cause of action arises, or the claim or cause of action is barred. In the event of any controversy or dispute between or arising out of or in connection with your use of the Platform, then we shall attempt, promptly and in good faith, to resolve any dispute. If we are unable to resolve the dispute within a reasonable time (not to exceed thirty (30) days), then either of us may submit the controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the both of us shall be free to pursue any right or remedy available to them under applicable law.
16. Disclaimer of Warranties
The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or timelier sources of information. BCL does not offer any medical or therapeutic advice and You should seek the advice of the appropriate licensed professional if You are in need of any such services or care. Any reliance on the material on this site is at your own risk. This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only.
Further, We work to keep the Platform operating as reasonably well as possible by eliminating “bugs” or other errors that can negatively impact your experience with the Platform and the Content, both of which are provided on an “AS IS” BASIS WITHOUT ANY CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITIATION, AND WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT, WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT GUARANTEE THAT THE PLATFORM WILL ALWAYS BE SAFE, SECURE OR ERROR-FREE OR THAT THE PLATFORM WILL ALWAYS FUNCTION WITHOUT DISRUPTIONS, DELAYS OR IMPERFECTIONS. WE ARE NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY THIRD PARTIES. You are solely responsible for determining the appropriateness of using the Content and assume any risks associated with use under the license set forth in these Terms. In no event and under no legal theory, whether in tort (including negligence), contract, or otherwise, unless required by applicable law or agreed to in writing, will BCL be liable to You for damages, including any direct, indirect, special, incidental, or consequential damages of any character arising as a result of this license or out of the use or inability to use the Content (including but not limited to damages for loss of goodwill, work stoppage, computer failure or malfunction, or any and all other commercial damages or losses), even if BCL has been advised of the possibility of such damages.
You acknowledge that the Content is valuable property owned exclusively by BCL and/or BCL’s Partners. You agree that you will not challenge or dispute Licensor’s exclusive rights in and to the Content.
You agree to indemnify and hold BCL, our officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against us by any third party due to or arising out of or in connection with your use of the Platform.
You agree to defend, indemnify, and hold harmless BCL and its subsidiaries, officers, directors, employees, members, agents, and BCL Partners against any claim, dispute, loss, expenses, damages, or other liability arising in whole or in part from Your breach of this license or use of the Content.
18. Limitation of Liability
Except where prohibited by law, in no event will we be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if we have been advised of the possibility of such damages. You expressly understand and agree that any material downloaded or otherwise obtained through the use of the Platform is accessed at your own discretion and risk, and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any downloaded material.
The Platform may provide, or third parties may provide, links to other World Wide Web sites or resources. You acknowledge and agree that we have no control over, are not responsible for the availability of, and do not endorse and are not responsible or liable for, any Content, advertising, products or other materials on or available from other sites or resources. You acknowledge and agree that we are not responsible in any way for any damage or loss caused by or in connection with use of or reliance on any site or resource.
19. No Third-Party Beneficiaries
You agree that, except as otherwise expressly provided within these Terms, there shall be no third-party Beneficiaries to this agreement.
20. Dealings with Third Parties
You acknowledge that your dealings with any parties met or found on or through the Platform are solely between you and that party. You agree that we shall not be responsible or liable for any loss or damage of any sort incurred as the result of any dealings with a third party. You are urged to exercise good judgment, care, and caution when meeting with or communicating with any third party met or found on or through the Platform.
We may provide you with notices, including those regarding changes to these Terms, using methods including, but not limited postings on the Platform, or other reasonable means now known or later developed.
22. Proprietary Rights
You acknowledge and agree that the Platform contain proprietary and confidential information that is protected by copyrights, trademarks, service marks, patents, intellectual property laws, or other proprietary rights and laws. Except as expressly permitted by applicable law or authorized by us, you agree not to copy, modify, rent, lease, loan, sell, distribute, publicly display, publicly perform or create derivative works based on the Platform, in whole or in part.
23. Notice and Procedure for Making Claims of Intellectual Property Infringement
We respect the intellectual property of others. We ask you to do the same, particularly where it pertains to using the Platform. We may, in appropriate circumstances and at our sole discretion, disable and/or terminate the accounts of users who may be repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please send the following information to firstname.lastname@example.org:
a. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest in question;
b. a written description of the copyrighted work or other intellectual property that you claim has been infringed;
c. a written description of where the material that you claim is infringing is located on the Platform;
d. your address, telephone number, and email address (all that apply);
e. a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
f. a written statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner, or that you are authorized to act on the behalf of the copyright or intellectual property owner.
24. Special Provisions Applicable to Users Outside the United States
We strive to create a global community with consistent standards for everyone, but we also strive to respect local laws. The following provisions apply to Users and non-users who interact with the Platform outside the United States:
a. you consent to having your personal data transferred to and processed in the United States;
b. if you are located in a country embargoed by the United States, or are on the U.S. Treasury Department's list of Specially Designated Nationals, you will not engage in commercial activities on the Platform (such as advertising or payments) or operate a platform application or website; and
c. you will not use the Platform if you are prohibited from receiving products, services, or software originating from the United States.
If we take any legal action against you as a result of your violation of these Terms, we will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to us. You agree that we will not be liable to you or to any third party for termination of your access to the Platform as a result of any violation of these Terms.
You also agree that any violation by you of these Terms will constitute an unlawful and unfair business practice, and will cause irreparable harm to us, for which monetary damages would be inadequate, and you consent to us obtaining any injunctive or equitable relief that we deem necessary or appropriate in these circumstances. These remedies are in addition to any other remedies we may have at law or in equity.
26. Contribution to the Platform
If you are interested in being considered to contribute Content to the Platform, please contact BCL at email@example.com for consideration. BCL has no obligation to accept any content submitted by You and any decision to allow any such content on the Platform shall be at BCL’s sole discretion.
Updated September 10, 2017