BOLD GUIDANCE, INC.TERMS OF USE 

PLEASE READ THESE TERMS AND CONDITIONS OF USECAREFULLY BEFORE USING THIS SITE. 


Introduction 

BOLD Guidance, Inc., a Delaware corporation (“BOLD”), offers this website (“Website”) to you, the user, conditioned upon your acceptance of all of the terms, conditions, policies and notices posted in these Terms of Use as well as in BOLD’s Privacy Policy (collectively “Agreement”).  By using the Website, you signify your assent to this Agreement and any subsequent modifications. Although you may “bookmark” a particular portion of this Website and thereby bypass this Agreement, your use of this Website still binds you to this Agreement.  BOLD may revise this Agreement from time to time without prior notice to you by updating this posting, with the new terms taking effect on the date of posting.  You should review this Agreement every time you use this Website as it is binding on you.  IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT USE THIS WEBSITE. 

Contents

All materials, including images, text, illustrations, designs, icons, photographs, programs, music clips or downloads, video clips and written and other materials that are part of this Website (collectively, “Contents”) are intended solely for personal, non-commercial use.  You may download or copy the Contents and other downloadable materials displayed on the Website for your personal use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying.  Except as otherwise expressly permitted under the copyright laws of the United States, you may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Contents, the Website or any related software.  All software used on this Website is the property of BOLD and protected by U.S. and international copyright laws.  Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the Contents on this Website is strictly prohibited.

Use

With respect to your use of this Website, you agree that you will (1) comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, export control laws, tax laws, and regulatory requirements; (2) provide accurate information to BOLD and update it as necessary; (3) review and comply with notices and rules sent by BOLD concerning the services provided by BOLD; and (4) use the services provided by BOLD in a manner as define by BOLD.

Privacy

Any personal information that you provide through this Website will be used by BOLD in accordance with BOLD’s Privacy Policy and the Terms of Use.

Site Security

You must comply with all applicable laws, rules and regulations while using this Website.  You are prohibited from violating or attempting to violate the security of this Website, including, without limitation, (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting to this Website any virus, worm, Trojan Horse, easter egg, time bomb, spyware or other computer code, file or program that is harmful or invasive or may or is intended to damage or hijack the operation of, or to monitor the use of, any hardware, software or equipment; (d) overloading, “flooding,” “spamming,” “mailbombing” or “crashing”; the Website; (e) sending unsolicited email, including promotions and/or advertising of products or services; (f) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting; (g) using this Website to post or transmit any infringing, threatening, false, misleading, abusive, harassing, libelous, defamatory, vulgar, obscene, scandalous, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability or otherwise violate any law; (h) using this Website to impersonate any person or entity, including any Website moderator or any representative of BOLD, or falsely stating or otherwise misrepresenting your affiliation with any person or entity in connection with this Website; or stating or implying that BOLD endorses any statement you make; (i) using this Website to advertise or perform any commercial solicitation, or otherwise exploiting for any commercial purposes any portion of, use of or access to this Website; (j) using this Website to violate the legal rights of others or harvest or collect personally identifiable information about users of this Website; (k) restricting or inhibiting any other person from use of this Website, and from interfering with or disrupting the operation of this Website or the servers or networks used to make this Website available or violating any requirements, procedures, policies or regulations of such networks; (l) modifying, adapting, translating, reverse engineering, decompiling or disassembling any portion of this Website; (m) using any device, software or routine to interfere or attempt to interfere with the proper working of this Website or any activity being conducted on this Website; (n) using this Website for any unlawful purpose; or (o) using or attempting to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Website other than the search engine and search agents available from BOLD on this Website and other than generally available third party web browsers (e.g., Netscape Navigator or Microsoft Explorer).

Violations of system or network security may result in civil or criminal liability.  BOLD will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.

Copyrights and Trademarks

Unless otherwise noted, all Contents are copyrights, trademarks, trade dress and/or other intellectual property owned, controlled or licensed by BOLD, one of its affiliates or by third parties who have licensed their materials to BOLD and are protected by U.S. and international copyright laws. The compilation (meaning the collection, arrangement, and assembly) of all Contents on this Website is the exclusive property of BOLD and is also protected by U.S. and international copyright laws.

BOLD and its suppliers and licensors expressly reserve all intellectual property rights in all text, programs, products, processes, technology, content and other materials which appear on this Website, except as provided in this Agreement. Access to this Website does not confer and shall not be considered as conferring upon anyone any license under any of BOLD’s or any third party’s intellectual property rights.

The BOLD names and logos and all related product and service names, design marks and slogans are the trademarks or service marks of BOLD. All other marks are the property of their respective companies. No trademark or service mark license is granted in connection with the materials contained on this Website. Access to this Website does not authorize anyone to use any name, logo or mark in any manner.

Linked Websites and Advertising

As a convenience to users, BOLD may provide links to third party content, websites, or services.  BOLD does not endorse, sponsor, control, or otherwise accept responsibility for this material.

BOLD has no official or unofficial affiliation with any educational institutions linked from this Website unless specifically noted. Changes are periodically made to their admissions process, application, or deadlines. Always check the college or university’s website to confirm accurate information. BOLD is not responsible for inaccurate information. Using BOLD does not guarantee acceptance into your college of choice.  The college or the university is the best source of accuracy.

You should be aware that third party websites are not covered by this Agreement and we therefore cannot be responsible for the content or practices of such websites, even if it links to this Website.

User Content That You Post on Publicly Available Portions of the Website

With respect to information or materials that you choose to display or post on any interactive services of the Website that are viewable by the general public on this Website (“Viewable User Content”), you grant BOLD a worldwide, non-exclusive, transferable, royalty-free, perpetual, irrevocable right and license, without compensation to you: (a) to use, reproduce, distribute, adapt (including without limitation edit, modify, translate, and reformat), derive, transmit, display and perform, publicly or otherwise, such Viewable User Content (including without limitation your voice or likeness as embodied in such Viewable User Content), in any media now known or hereafter developed, for those purposes that BOLD chooses, in its sole discretion, and (b) to sublicense the foregoing rights, through multiple tiers, to the maximum extent permitted by applicable law. The foregoing licenses shall survive termination of this Agreement for any reason. For each item of Viewable User Content, you represent and warrant that you have all rights necessary for you to grant the licenses granted in this section and that such Viewable User Content (as applicable), and your provision or creation thereof through the Site, complies with all applicable laws, rules and regulations and does not infringe or otherwise violate the copyright, trademark, trade secret, privacy or other intellectual property or other rights of any third party. You further irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of materials regarding each item of Viewable User Content that you may have under any applicable law under any legal theory.

For Viewable User Content, you acknowledge and agree that (a) BOLD reserves the right (but has no obligation) to evaluate all Viewable User Content before allowing it to be posted on this Website or otherwise stored in connection with the Site; and (b) BOLD may do one or all of the following, at its discretion: (i) monitor Viewable User Content; (ii) alter, remove, or refuse to post or allow to be posted or stored any Viewable User Content; (iii) monitor and/or filter any of your communications through this Website (including without limitation by means of blocking or replacing expletives or other language that may be deemed harmful or offensive); and/or (iv) disclose any Viewable User Content or any communication through this Website, and the circumstances surrounding the transmission thereof, to any third party in order to operate the Website; to protect BOLD, employees, officers, shareholders, directors, trustees, agents, representatives and affiliates, and the Website’s users and visitors; to comply with legal obligations or governmental requests; to enforce these Terms of Use; or for any other reason or purpose. In addition, BOLD has no control over and shall have no liability for any damages resulting from, the use (including without limitation re-publication) or misuse by any third party of information voluntarily made public through any Viewable User Content or any other part of this Website.

Please note that other visitors of this Website may post messages or make statements on this Website that are inaccurate, misleading, deceptive, or offensive. BOLD neither endorses nor is responsible for any opinion, advice, information or statements made on this Website by third parties. Without limitation, BOLD is not responsible for any information or materials made available through this Website (including without limitation errors or omissions in postings or links or images embedded in messages or profiles) or results obtained by using any such information or materials. The opinions expressed in Viewable User Content reflect solely the opinions of the individuals who submitted such opinions, and may not reflect the opinions of BOLD.

IF YOU CHOOSE TO MAKE ANY OF YOUR PERSONALLY IDENTIFIABLE OR OTHER INFORMATION PUBLICLY AVAILABLE IN ANY VIEWABLE USER CONTENT,

YOU DO SO AT YOUR OWN RISK.

 

User Reviews, Feedback, Submissions

For all reviews, comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered to BOLD on or through this Website, by e-mail or telephone, or otherwise disclosed, submitted or offered in connection with your use of this Website (collectively, “Comments”) you grant BOLD a royalty-free, irrevocable, transferable right and license to use the Comments however BOLD desires, including without limitation, to copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such Comments and/or incorporate such Comments into any form, medium or technology throughout the world.

BOLD will be entitled to use, reproduce, disclose, modify, adapt, create derivative works from, publish, display and distribute any Comments you submit for any purpose whatsoever, without restriction and without compensating you in any way. BOLD is and shall be under no obligation: (1) to maintain any Comments in confidence; (2) to pay to user any compensation for any Comments; or (3) to respond to any user Comments. You agree that any Comments submitted by you to this Website will not violate the terms in this Agreement or any right of any third party, including without limitation, copyright, trademark, privacy or other personal or proprietary right(s), and will not cause injury to any person or entity. You further agree that no Comments submitted by you to this Website will be or contain libelous or otherwise unlawful, threatening, abusive or obscene material, or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of “spam.”

BOLD does not regularly review posted Comments, but does reserve the right (but not the obligation) to monitor and edit or remove any Comments submitted to this Website. You grant BOLD the right to use the name that you submit in connection with any Comments. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any Comments you submit. You are and shall remain solely responsible for the content of any Comments you make and you agree to indemnify BOLD and its affiliates for all claims resulting from any Comments you submit. BOLD and its affiliates take no responsibility and assume no liability for any Comments submitted by you or any third party.

Indemnification

You agree to defend, indemnify and hold harmless BOLD and its affiliates from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to your use of this Website or any breach by you of this Agreement.

Termination

This Agreement is effective unless and until terminated by BOLD. BOLD may terminate this Agreement at any time and may do so immediately without notice, and accordingly deny you access to this Website, if in BOLD’s sole discretion you fail to comply with any term or provision of this Agreement. Upon any termination of this Agreement, you must promptly destroy all materials downloaded or otherwise obtained from this Website, as well as all copies of such materials, whether made under this Agreement or otherwise. The following sections shall survive any termination of this Agreement: “Contents,” “Site Security,” “Copyrights and Trademarks,” “User Content That You Post on Publicly Available Portions of the Website,” “User Reviews,” “Feedback and Submissions,” “Indemnification,” “Termination,” “Disclaimer” “Limitation of Liability,” “Privacy” and “General.”

Disclaimer

THIS SITE IS PROVIDED BY BOLD ON AN “AS IS” AND “AS AVAILABLE” BASIS.  BOLD MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE OR THE INFORMATION, CONTENT, OR MATERIALS INCLUDED ON THIS WEBSITE. YOU ACKNOWLEDGE, BY YOUR USE OF THIS WEBSITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THESE TERMS OF USE. NEITHER BOLD NOR ITS AFFILIATES, OFFICERS, DIRECTORS, TRUSTEES, EMPLOYEES, AGENTS, THIRD-PARTY CONTENT PROVIDERS, DESIGNERS, CONTRACTORS, SHAREHOLDERS, DISTRIBUTORS, CLIENTS, SPONSORS, LICENSORS OR THE LIKE (COLLECTIVELY “ASSOCIATES”) WARRANT THAT USE OF THIS WEBSITE WILL BE UNINTERUPTED OR ERROR FREE.  NEITHER BOLD NOR ITS ASSOCIATES WARRANT THE ACCURACY, INTEGRITY, OR COMPLETENESS OF THE CONTENT PROVIDED ON THIS WEBSITE.

Limitation of Liability

UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, SHALL BOLD OR ANY OF ITS AFFILIATES, EMPLOYEES, SHAREHOLDERS, DIRECTORS, TRUSTEES, OFFICERS, AGENTS, VENDORS OR SUPPLIERS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THIS WEBSITE, INCLUDING, WITHOUT LIMITATION, RELIANCE BY YOU ON ANY INFORMATION OBTAINED FROM THIS WEBSITE THAT RESULTS IN MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OR CORRUPTION OF FILES, VIRUSES, DELAYS IN OPRATION OR TRANSMISSION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ANY FAILURE OF PERFORMANCE,  ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF BOLD HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL BOLD BE LIABLE FOR ANY DAMAGES IN CONNECTION WITH YOUR USE OF THIS WEBSITE.  YOU HEREBY ACKNOWLEDGE THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT AND SERVICES AVAILABLE THROUGH THIS WEBSITE.  THE AGGREGATE LIABILITY OF BOLD (AND ANY THIRD PARTY LICENSORS) FOR ANY CLAIM FOR DAMAGES UNDER ANY LEGAL THEORY SHALL BE LIMITED TO THE AMOUNT PAID BY YOU TO USE THIS WEBSITE.

This limitation of liability shall apply regardless of whether (1) you base your claim on contract, tort, statute or any other legal theory, (2) BOLD knew or should have known about the possibility of such damages, or (3) the limited remedies provided in this section fail of their essential purpose. 

In no event shall you seek or be entitled to rescission, injunctive or other equitable relief, or to enjoin or restrain the operation of this Website.

No Liability for Parties in Interest

No trustee, officer, SHAREHOLDER, director, employee, affiliate or agent (individually “Party in Interest”) of BOLD will be liable to you under this Agreement.  With respect to any liability of BOLD under this Agreement, you agree that you shall not: (i) name any Party in Interest in any lawsuit; (ii) seek or be entitled to any personal judgment against any Party in Interest; or (iii) have any right to levy execution against any property or assets of any kind of any Party in Interest.  No Party in Interest will be liable for any deficiency in connection with any judgment by you against BOLD with respect to or in connection with any liability of BOLD under this Agreement.

 

General

This Agreement represents the complete agreement between you and BOLD and supersedes all prior agreements and representations between you and BOLD. Headings used in this Agreement are for reference purposes only and in no way define or limit the scope of the section. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable and the other terms of this Agreement shall remain in full force and effect. The failure of BOLD to act with respect to a breach of this Agreement by you or others does not constitute a waiver and shall not limit BOLD’s rights with respect to such breach or any subsequent breaches.  This Agreement shall be governed by and construed under the laws of the State of Ohio without regard to conflicts of law provisions.  Users agree and acknowledge that venue is proper in and users submit to the jurisdiction of the U.S. federal district court in Cleveland, Ohio and the Common Pleas Court of Cuyahoga County, Ohio (collectively “Courts”) for any and all disputes between the parties and agree to accept service of process in connection with any action before such Courts.  Users shall not file any action or claim against the Company except in the Courts.  Service of process by overnight courier will be sufficient to confer personal jurisdiction over the Contractor. USERS IRREVOCABLY WAIVE ALL RIGHTS TO TRIAL BY JURY IN ANY LITIGATION ARISING FROM OR RELATED TO THIS AGREEMENT.  .

 

Digital Millennium Copyright Act

A.    If you are a copyright owner or an agent thereof and believe that any Viewable User Content or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

§  A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

§  Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

§  Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;

§  Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail 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.

 

BOLD’s designated Copyright Agent to receive notifications of claimed infringement is:  Nichelle McCall, BOLD Guidance, Inc., 1621 Euclid Ave, Suite 2150, Cleveland, Ohio, Email: copyright@boldguidance.com   For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to BOLD through support@boldguidance.com  You acknowledge that if you fail to comply with all of the requirements of this Section 5(D), your DMCA notice may not be valid.

B.     Counter-Notice. If you believe that your Viewable User Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the content in your Viewable User Content, you may send a counter-notice containing the following information to the Copyright Agent:

§  Your physical or electronic signature;

§  Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;

§  A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and

§  Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in Cleveland, Ohio and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received by the Copyright Agent, BOLD 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, member or 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 BOLD’s sole discretion.