Badassery LLC Terms of Use
Last updated: May 20, 2020
These Terms of Use are entered into by and between you and Badassery LLC (“we” or “us”). These Terms of Use, together with our Privacy Notice, https://www.badassery-hq.com/privacy, set forth the terms and conditions (collectively, “Terms”) that apply to your access and use of our website, located at https://badassery-hq.com.
By using or accessing the Site you agree to these Terms, as updated from time to time in accordance with Section 10 below. If you do not want to agree to these Terms, you must not access or use the Site.
These Terms state that any disputes between you and us must be resolved in small claims court.
1. Acceptance. To use the Site you must (i) be at least eighteen (18) years of age, or, if you are under 18 years of age but are at least 13 years old, you must use the Site with the consent of your parent or legal guardian; (ii) have not previously been suspended or removed from the Site; and (iii) use the Site in compliance with any and all applicable laws and regulations.
2. Account Registration. To access some features of the Site, you may be required to register for an account. When you register for an account, we may ask you to give us certain identifying information about yourself, including your email address and other contact information, and to create a user name and password (“Registration Information”). When registering for and maintaining an account, you agree to provide true, accurate, and current information about yourself. You also agree not to impersonate anyone, misrepresent any affiliation with anyone, use false information, or otherwise conceal your identity from us for any purpose.
You are solely responsible for maintaining the confidentiality and security of your password and other Registration Information. For your protection and the protection of other users, we ask you not to share your Registration Information with anyone else. If you do share this information with anyone, we will consider their activities to have been authorized by you. If you have reason to believe that your account is no longer secure, you must immediately notify us at danielle@badassery-hq.com.
As further described in Section 9, we have the right to disable any account, user name, password, or other identifier, whether chosen by you or provided by us, at any time, in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms.
3. Prohibited Conduct. You agree not to:
Use the Site for any illegal purpose, or in violation of any local, state, national, or international law;
Violate or encourage others to violate our rights or the rights of third parties, including intellectual property rights;
Post, or upload any content that is unlawful, defamatory, libelous, inaccurate, or that a reasonable person could deem to be objectionable, profane, indecent, pornographic, harassing, threatening, hateful, or otherwise inappropriate;
Interfere in any way with security-related features of the Site;
Interfere with the operation or any user’s enjoyment of the Site, including by uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code, making unsolicited offers or advertisements to other users, or attempting to collect personal information about users or third parties without their consent;
Access, monitor or copy any content or information of the Site using any robot, spider, scraper, or other automated means or any manual process for any purpose without our express written permission;
Perform any fraudulent activity, including impersonating any person or entity, claiming false affiliations, accessing the accounts of other users without permission, or falsifying your identity or any information about you, including age or date of birth; or
Sell or otherwise transfer the access granted herein.
4. Third Party Content. The Site may contain links to third party websites and services, including the websites and/or services of our speakers and members. We provide such links as a convenience, and do not control or endorse these websites, services and opinions expressed therein. You acknowledge and agree that we have not reviewed the content, advertising, products, services, or other materials that appear on such third party websites or services, and are not responsible for the legality, accuracy, or appropriateness of any such content, and shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of any such third party websites or services.
5. Intellectual Property. This Site and its entire contents and features (including all information, software, text, images, video, audio and the design) are owned by us, our licensors, or other providers of such material and are protected by applicable United States and international copyright, trademark, patent, trade secret and/or other intellectual property laws. No materials from the Site may be copied, reproduced, republished, uploaded, posted, publicly displayed or performed, downloaded, transmitted, or distributed in any way without our express permission, except as may be required for you to access and view the Site.
You may not access or use this Site for any commercial purposes other than as expressly described on the Site, modify copies of any materials posted on this Site, or delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this Site. Any use of this Site not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark and/or other laws. We intend to vigorously enforce our rights, including our intellectual property rights. You acknowledge and agree that you relinquish all ownership rights in any ideas or suggestions that you submit to us through this Site.
Our name, our logo, the terms and all related names, logos, product and service names, designs, and slogans are or may be or become in the future trademarks of us or our affiliates or licensors. You must not use such marks without our prior written permission.
6. User Content. This Site may contain blogs, chatrooms, message boards, forums, bulletin boards that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, “post”) content or materials, including the content posted by our speakers (collectively, “User Contributions”) on or through the Site.
By providing any User Contribution on the Site, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose. You represent and warrant that (i) you own or otherwise have the right to grant the license granted above with respect to any content you post to the Site and (ii) all of your User Contributions will comply with these Terms.
You understand and acknowledge that you are responsible for any User Contributions you post, and you, not we, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness. We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Site.]
7. Copyright Infringement.
If you believe that your content has been used in a way that constitutes copyright infringement, you may contact our Designated Agent:
Danielle Letayf
Badassery LLC
11 Hitching Post Lane, Salem, NH 03079
Phone: 603-401-5566
Email: danielle@badassery-hq.com
You must provide the following information: an electronic or physical signature of the copyright owner or the person authorized to act on behalf of the copyright owner; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located; your address, telephone number, and email address; a written statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. We have adopted and implemented a policy that provides for termination in appropriate circumstances of accounts of users who repeatedly infringe copyright or other intellectual property rights of us or others.
8. Reliance on Information Posted. The information presented on or through the Site is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such information by you or any other visitor to the Site, or by anyone who may be informed of any of the Site’s contents.
9. Termination. If you violate these Terms, your permission to use our Site will automatically terminate. In addition, we, in our sole discretion, may suspend or terminate your user account and/or suspend or terminate some or all of your access to the Site at any time, with or without notice to you. You may terminate your account at any time by contacting us at danielle@badassery-hq.com. After your account is terminated, information and content previously provided by you will no longer be accessible through your account, but we may continue to store such information and content, and it may also be stored by third parties to whom it has been transferred through your use of the Site.
Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Site. Furthermore, we have the right to disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy. We may also take any action with respect to any User Contribution that we deem necessary or appropriate, including if we believe, in our sole discretion, that such User Contribution infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Site or the public, or could create liability for us. YOU WAIVE AND HOLD HARMLESS US AND OUR AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY US/ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER US/SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
We assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party and posted on the Site, and we cannot ensure prompt removal of any such objectionable material after it has been posted. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
10. Modification of the Terms. We reserve the right at any time to modify these Terms and to impose new or additional terms or conditions on your use of our Site. Such modifications and additional terms and conditions will be effective immediately upon notice. Notification of any material changes to the Terms may be made by posting a notice to our Site or by sending an email to any address you may have provided to us. Your continued use of the Services following notice will be deemed acceptance of any modifications to the Terms.
11. Disclaimers of Warranties. OUR SITE IS PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS, WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. Although we seek to maintain safe, secure, accurate, and well-functioning services, we cannot guarantee the continuous operation of or access to our Site, and there may at times be inadvertent technical or factual errors or inaccuracies. YOUR USE OF THE SITE IS AT YOUR OWN RISK. We specifically (but without limitation) disclaim (i) any implied warranties of merchantability, fitness for a particular purpose, quiet enjoyment, or non-infringement; and (ii) any warranties arising out of course-of-dealing, usage, or trade. You assume all risk for any damages that may result from your use of or access to our Site. We do not guarantee the accuracy of, and disclaim all liability for, any errors or other inaccuracies in the information, content, recommendations, and materials made available through our Site.
12. Limitation of Liability. IN NO EVENT WILL WE BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL, DIRECT, INDIRECT, OR PUNITIVE DAMAGES (INCLUDING PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE), WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE. Some jurisdictions do not allow the disclaimer of warranties or limitation of liability in certain circumstances. Accordingly, some of the above limitations or the disclaimer of warranties in Section 11 may not apply to you.
13. Indemnification. You agree that you will be personally responsible for your use of our Site, and you agree to defend, indemnify, and hold us, our officers, directors, employees, consultants, affiliates, subsidiaries, and agents, harmless from and against any and all claims, liabilities, damages, losses, and expenses (including attorneys’ and accounting fees and costs), arising out of or in any way connected with (i) your access to, use of, or alleged use of our Site; (ii) your violation of the Terms or any applicable law or regulation; (iii) your violation of any third party right, including any intellectual property right, publicity, confidentiality, property, or privacy right; or (iv) any disputes or issues between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim.
14. Governing Law. These Terms are governed by the laws of the State of New York, without regard to conflict of law principles. Subject to Section 16 which provides that disputes are to be resolved in small claims court, to the extent that any lawsuit or court proceeding is permitted hereunder, you and we agree to submit to the exclusive personal jurisdiction of the state courts and federal courts located within New York, New York, for the purpose of litigating all such disputes.
15. Geographic Restrictions. This Site is intended for the use only by persons located in the United States. We make no claims that the Site or any of its content is accessible or appropriate outside of the United States. Access to the Site may not be legal by certain persons or in certain countries. If you access the Site from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
16. Dispute Resolution. In the interest of resolving disputes between you and us in the most expedient and cost effective manner, you and we agree to resolve disputes in small claims court if a claim is within such court’s jurisdiction, provided that such action may not be transferred, removed or appealed to a different court. Notwithstanding any of the above, you agree that either party may seek injunctive or other equitable relief in any state or federal court having jurisdiction to grant such relief in the event of actual or threatened infringement or misappropriation of intellectual property rights. You hereby expressly waive a trial by jury. You hereby agree not to participate in a class action for any claims covered by this agreement. This provision shall survive the termination of these Terms.
17. Modification of the Site. We reserve the right to modify or discontinue, temporarily or permanently, some or all of the Site at any time without any notice or further obligation to you. You agree that we will not be liable to you or to any third party for any modification, suspension, or discontinuance of any of the Site.
18. General.
Entire Agreement. These Terms constitute the entire and exclusive understanding and agreement between you and us regarding your use of and access to the Site, and except as expressly permitted above, may only be amended by a written agreement signed by authorized representatives of the parties.
No Waiver. The failure to require performance of any provision shall not affect our right to require performance at any time thereafter, nor shall a waiver of any breach or default of the Terms constitute a waiver of any subsequent breach or default or a waiver of the provision itself.
Paragraph Headers. Use of paragraph headers in the Terms is for convenience only and shall not have any impact on the interpretation of particular provisions.
Severability. In the event that any part of the Terms is held to be invalid or unenforceable, the unenforceable part shall be given effect to the greatest extent possible and the remaining parts will remain in full force and effect.
19. Notice to California Residents. Under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210 in order to resolve a complaint regarding the service or to receive further information regarding use of the service.
Membership
Membership Eligibility
You must be a registered Badassery Member in order to fully access all Website features and Slack channels. You represent and warrant that you are at least 13 years of age. We may, in our sole discretion, refuse to offer or continue to offer Membership to any person or entity and change our eligibility criteria at any time.
In order to be considered to be a Member, you must provide us with a completed Membership Application and interview process in which you demonstrate achievement as a leader with strong values with a desire to promote the Badassery mission and its objectives. The Membership Application requests certain personal information that you agree to provide to us subject to the terms of our Privacy Policy to enable us to determine whether to accept your Membership Application. Membership Applications are open intermittently throughout the year and will be reviewed during an open enrollment period (typically at least quarterly).
We may request further information or a meeting face-to-face or over-the-phone in order to decide whether to accept a Membership Application. Acceptance of a Membership shall be at our sole discretion in the furtherance of the good name and reputation of our community and its Members. No reason shall be given for refusal of any application at any stage and all information relating to the determination of a Membership Application shall be treated in accordance with the terms of our Privacy Policy.
Benefits of Membership
The benefits of Membership include access to the Badassery Slack channel, members-only events, 1:1 matching every month and access to member directory. Membership also provides ongoing opportunities to contribute to the Badassery community and to post offers, asks, questions, introductions, and other information on events and opportunities to fellow Members.
Members also receive the Badassery Members Newsletter at their option to help stay up-to-date on member community happenings. Additional benefits may also be offered from time to time at our discretion. Members may also refer individuals to be considered for membership. Prospective members who have been referred will then be invited to complete an application form. Eligibility requirements apply to all prospective members. Additional information on Membership and its benefits, which may change from time to time, and pricing can be found at: "Membership".
The Company’s Newsletter is delivered via Mailchimp and their policies can be found here and here. Mailchimp is responsible for its Terms of Use, Privacy Policy, and other policies. The Company disclaims responsibility and liability for the operation of Mailchimp.
Application / Registration
If your Membership Application is accepted, you will receive an email that will request an onboarding form and payment information. Once both are completed, you will be given access to members-only benefits like the Slack channel, newsletter and members-only events.
As part of your Membership application, you must provide accurate and complete contact information, including your name, e-mail address, social profile links, links to personal and professional websites, current occupation, geographical location, interests how you found out about Badassery, motivation behind joining Badassery, expected contributions to the community, indicate your willingness to opt into and keep your contact information updated. This information will be collected through text and video. Badassery assumes no responsibility regarding the accuracy of any information obtained from the Websites or any additional services we may provide. Use of such information is at your own risk.
As part of the Membership, your information will be automatically added to Membership Directory (which is stored via Typeform and hosted via Airtable and Squarespace). The Membership Directory includes your name, an image of you, social profile links, links to personal and professional websites, current occupation, geographical location, interests, your email, and fun information about you. The Membership Directory is password-protected via Squarespace. Badassery will only share the password to the Membership Directory with registered Members, but the Company cannot assure that all Members will comply with the restrictions on use of the Directory and takes no responsibility for any violations of those terms.
Members who access the Membership Directory may seek to communicate with other Members on the Directory through Slack, Facebook, LinkedIn, or Twitter, but Members can decide not to communicate with other Members who seek to contact them through the Directory. Badassery asks Members to focus outreach to other Members based on prior voiced interests/needs by the other party. Badassery also prohibits direct solicitation i.e., selling/promotion of services, products and events, and asks Members to report such behavior by reaching out through email (danielle@badassery-hq.com). The information in the Membership Directory may not be completely secure and the Company disclaims all liability if the Membership Directory is accessed improperly.
We reserve the right to withdraw or amend access to the Websites, and any service or material we provide on the Websites, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Websites are unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Websites, or the entire Websites, to Users, including registered Members.
You are responsible for:
Making all arrangements necessary for you to have access to the Websites, including having the ability to access the Internet and a Slack and Squarespace Account (“Account”) in order to access the Badassery Member Benefits.
Ensuring that all persons who access the Website through your Internet connection are aware of these Terms of Use and fully comply with them.
To access the Websites or some of the resources they offer, you may be asked to provide certain personal/professional information/registration details or other information. It is a condition of your use of the Websites and you represent and warrant that all the information you provide on this Website is correct, current and complete. You agree to keep it current. You agree that all information you provide to register with the Websites or otherwise, including but not limited to through the use of any interactive features on the Website, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
Membership Directory and Slack Passwords
You agree that you are fully responsible for all liability and damages related to your failure to maintain your Slack password and the Membership Directory passwords in confidence and all activities that occur through the use of your password. You are solely responsible for the activity that occurs on your Slack Account, and for keeping your passwords secure. You may never use another person’s user account or registration information without permission.
You must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your Account and Membership are personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your Account or Directory password or any other breach of security. You also agree to ensure that you exit from the Slack channel at the end of each session. You should use particular caution when accessing your Account from a public or shared computer so that others are not able to view or record your password or other personal information.
We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our sole opinion, you have violated any provision of these Terms of Use.
Membership Directory Access and Use
Members of Badassery are provided, among other benefits, access to the Badassery Membership Directory. Members are prohibited from copying, reproducing, or distributing copies of the Membership Directory to third parties. If you are aware of such a breach please notify us by emailing danielle@badassery-hq.com.
Account Security
You must notify us via e-mail at danielle@badassery-hq.com immediately of any breach of security or unauthorized use of your Account. You should never publish, distribute, share, or post login information for your Account.
Duties and Expectations of Members
Members are required to pay Membership Fees and comply with the Code of Conduct, Privacy Policy, and all items, herein, which are incorporated by reference. Members agree not to miss more than two (2) 1:1 meetings for the duration of their membership, and will contribute to the blog or host an event at least once during their membership. Otherwise, Members may be asked to leave the community. Members must also inform Badassery of any change of and personal information including email address, social media links, current occupation, credit/debit card, writing. It shall be the responsibility of members to keep their contact and personal information current.
Membership Fees
In consideration of the privileges and benefits of Membership, Badassery shall charge Membership Fees. Failure to pay Membership Fees when due may result in the termination/suspension of your Membership. Membership Fees can be paid monthly (and Badassery reserves the right to adjust pricing through discounts on an individual or community-wide level, as well as to offer occasional discount-like offerings, may or may not be tied to timing of sign-ups or perceived community-wide value of a particular member) and are due in advance of the Membership period that the fees cover. Information on the current Membership available and its benefits and costs are found here.
Badassery uses a third party payment processor to assist it in processing your personally identifiable payment information securely. Such third party processors’ use of your personal information is governed by their respective terms of Use and privacy policies. Payments are currently processed and managed using multiple providers, which include payment gateways Paypal and Stripe. See Paypal’s Privacy Policy and User Agreement. See Stripe’s Privacy Policy and Services Agreement.
The Company may change the amount and frequency of required Membership Fees payments and payment terms at any time and may, in its sole discretion, accept full Members without requiring fees or a formal application, with or without notice to you and without liability. Membership is personal and non-transferable and members must not share their membership benefits with any other person(s).
You may terminate your Membership at any time during the Membership period prior to the start of a new Membership period. Membership Fees paid are nonrefundable. Memberships are automatically renewed unless terminated prior to the start of a new Membership period.
When you cancel your Membership, and your current Membership cycle ends:
You will no longer have access to any Badassery Membership privileges (including but not limited to Badassery member-only groups, directory listing, members-only emails, and more); more details on member offerings: http://badassery-hq.com/membership.
You may however continue to have access to Badassery Non-Member offerings.
Once you have cancelled Membership, and assuming there is no conflict of interest (to be decided at Badassery's discretion):
You will continue to have "member access" until your current Membership cycle ends (Membership cycle is determined by your payment start date and ends one month from there).
To rejoin: you will need to re-apply, unless otherwise discussed with Badassery, and higher Membership fees may apply.
If your Membership is auto-renewed, unintentionally, and you let us know within 7 days (via email, danielle@badassery-hq.com and we will give you a full refund and cancel your Membership.
If your subscription renewal does not go through, and is not updated within 7 days, we will view this as a cancellation (we will send you an email to notify you when this happens, and highlight what actions are necessary to maintain your Membership)