Terms of Use

 

BOARDWELL LTD.

TERMS OF USE 

The website displayed at www.boardwellbetter.com (“Site”) is operated by BoardWell Ltd. (“BoardWell”, or “we”, “us” and “our”). A number of products are available through the Site, including but not limited to, the Private Community Group Monthly Membership, the Private Community Group Annual Membership and the Governance Course (the “Products”).

 This agreement describes the terms of use and access for the Site and the Products (the “Terms”) and our Privacy Policy. By accessing the Site and/or the Products, you accept the Terms and our Privacy Policy. We reserve the right, in our sole discretion, to modify or update the Terms and Privacy Policy from time to time with immediate effect. It is your responsibility to review the Terms and Privacy Policy periodically for updates.

 IF FOR ANY REASON YOU DO NOT AGREE WITH OR CANNOT ABIDE BY THE TERMS OR OUR PRIVACY POLICY, PLEASE EXIT THIS SITE IMMEDIATELY. OTHERWISE BY ACCESSING AND USING THIS SITE AND/OR THE PRODUCTS, YOU ARE AGREEING TO THE TERMS AND OUR PRIVACY POLICY EVEN IF YOU DO NOT READ ALL THE TERMS.

  1. Subscription, Billing & Cancellation

Subscription: While we may offer access to some content for free, we charge a monthly or annual fee to access the Products that require a subscription. Your subscription will continue unless and until you cancel your subscription or we terminate it. When a subscription is cancelled or terminated, you will be charged for the current billing period. When a subscription is cancelled or terminated, your access to the Product is removed at the end of the current billing period. No refunds (full or partial) are available for cancellations or terminations.

We may offer different subscription plans, including differing conditions and limitations. The following subscriptions are defined below or are described in the invoice or checkout page:

  • Private Community Group & Forum Monthly Membership: The current billing period is defined as the date of the first payment, until and excluding the same date of the following month.
  • Private Community Group & Forum Annual Membership: The current billing period is defined as the date of the first payment, until and excluding the same date of the following year.
  • The Governance Course: The current billing period is defined as the date of the first payment, until and excluding the same date of the following year. At the time of purchase, you will choose to pay on a monthly basis for the duration of current billing period or a one-time up-front payment. Your subscription and access to The Governance Course will be terminated at the end of the current billing period.
  • The Governance Foundations Mini Course: The current billing period is defined as the date of the first payment, until and excluding the same date of the following year. The payment for the Governance Foundations Course will be made via a one-time up-front payment. Your subscription and access to The Governance Foundations Course will be terminated at the end of the current billing period.

You must have Internet access and provide us with a current, valid credit card or other method of payment accepted by BoardWell (“Payment Method”) to utilize your subscription. You agree that your subscription is for personal use only, or for use within your organization, that we may limit the number of simultaneous streams and the number of devices by which you may access our Products.

Any name, logo, trademark, service mark, patent, design, copyright, or other intellectual property appearing on theSite and/or Products is owned or licensed by BoardWell or its parents, affiliates, or subsidiaries, and except as specifically allowed herein, may not be used by you without the prior written consent of BoardWell or the appropriate owner. Your use of the Site and/or Products does not grant you any right, title, interest, or license to any such intellectual property appearing on the Site, except as may be expressly permitted under these Terms.

Any unauthorized use of the content of the Site and/or Products may subject you to civil or criminal penalties.

 2. Use of Site and Products

BoardWell provides the Site and Products for your information and education for personal use, or for use within your organization.

Information provided in any of the Products is provided for general informational purposes and does not constitute legal advice. The law governing topics related to and/or discussed in the Products varies from jurisdiction to jurisdiction and is subject to change and legal advice must always be tailored to the situation at hand.  Seek appropriate, qualified professional advice about any particular situation before acting or omitting to act based upon any information provided in the Products.

The Products are licensed, not sold. As an authorized user, you are permitted to use the applicable Products, solely in connection within your role for your organization, and in a manner that is for non-commercial purposes, and is not commercially prejudicial to BoardWell, to:

  • browse, view, reproduce, download and store, in printed or electronic form, licensed materials as part of your use of the Products;
  • customize, alter and incorporate such licensed materials, in whole or part, in documents prepared by you as an authorized users for your organization’s internal use; and
  • display or distribute such customized or altered materials to others for the purposes of your organization;

provided all copyright and other proprietary notices contained on the materials are retained.

All other copying (whether in electronic, hard copy, or other format) is prohibited and may breach intellectual property laws and other laws worldwide. All commercial use of all or part of this Site is prohibited except with BoardWell’s express prior written consent. All rights not expressly granted here are reserved to BoardWell.

3. Use Restrictions

Without limitation to any other restriction, obligation or condition in these Terms, you shall not, under any circumstances by any means or for any purpose whatsoever, intentionally or unintentionally do or attempt to do any of the following:

  • search, view, print, reproduce, download, store, modify, disclose, distribute, transmit or publish anyBoardWell licensed materials, in whole or part, except as expressly permitted by these Terms;
  • remove, alter or obscure any citation or attribution of the author or source, or any notice of copyright, trademark or other proprietary rights on any BoardWell licensed materials (except in the mannerexpressly permitted by these Terms);
  • interfere with any access by other users/

4. Limitation of Liability

 In no event shall BoardWell, its parents, affiliates, subsidiaries and services providers, or the officers, directors, employees, shareholders, or agents of each of them, be liable for any damages of any kind, including without limitation any direct, special, incidental, indirect, exemplary, punitive, or consequential damages, including lost profits, whether or not advised of the possibility of such damages, and on theory of liability whatsoever, arising out of or in connection with the use or performance of, or your browsing in, or your links to other sites from, this Site.

You acknowledge by your use of the Site and/or the Products and any BoardWell licensed materials, that your use of the Site and/or the Products and any BoardWell licensed materials is at your sole risk. Certain laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages; if these laws apply to you, some or all of the above disclaimers may not apply, and you might have additional rights.

5. Indemnification

You agree to defend, indemnify, and hold BoardWell, its parents, affiliates and subsidiaries harmless from and against any and all claims, damages, costs and expenses, including reasonable attorneys' fees, arising from or related to your use of the Site, any Products or any BoardWell licensed materials.

6. Communications with the Site and/or Products

You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, 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 the law. BoardWell will fully cooperate, including but not limited to, maintaining and disclosing any transmittals or communications that you have had with the Site and/or Products, disclosing your identity or helping to identify you, with any applicable law or regulation, law enforcement authorities, court order, or governmental authority.

Users are expected to respect the confidentiality of discussion forum contents, and to refrain from disclosing any confidential information disclosed or discussed within a discussion forum. However, any communication or material you transmit to the Site and/or Products by e-mail or otherwise, including any data, questions, comments, suggestions, or the like is, and will be treated as, non-confidential and non-proprietary. BoardWell cannot prevent the “harvesting” of information from the Site and/or Products, and you may be contacted by BoardWell or other users with whom you have shared information, by e-mail or otherwise, within, or outside of the Site and/or Products.

BoardWell is free to use any product-improvement ideas, concepts, know-how, or techniques contained in any communication you send to the Site and/or Products for any purpose whatsoever including, but not limited to, developing, manufacturing, and marketing products using such information. If you transmit any product-improvement ideas or concepts to us during your use of the Site or Products, you accept that it will not be treated as confidential and may be used by BoardWell without compensation in any manner whatsoever, including without limitation reproduction, transmission, publication, marketing, product development and other business purposes.

Although BoardWell may from time to time monitor or review discussion, chats, postings, transmissions, bulletin boards, and the like on the Site and/or Products, BoardWell is under no obligation to do so and assumes no responsibility or liability arising from the content of any such locations nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any information within such locations on the Site and/or Products. BoardWell assumes no responsibility or liability for any actions or communications by you or any unrelated third party within or outside of the Site and/or Products.

7. Termination

 At its sole discretion, BoardWell may modify or discontinue the Site or Products or may modify or terminate youraccount or your access to this Site or Products, for any reason, with or without notice to you, and without liability to you or any third party.

 We do not provide any archive or data backup service. You agree that ultimately you are solely responsible for your data and you are hereby advised to implement independent disaster-recovery plans and to maintain independent archives or backup copies of any data that you are entitled to retain in your use of the Site or Products.

8. Aggregate Data

We may collect, aggregate and anonymize any usage data for the purpose of statistical analysis, data analytics, research, product improvement, benchmarking, and for other business purposes, subject to the following:

  • All aggregated data will be stripped of identifiers (such as specific users, locations, corporate orbusiness names) that would identify specifics about individual users;
  • Aggregated data will not be traceable back to any specific users; and
  • We shall have rights hereunder to use or dispose of such anonymized and aggregated data at our discretion whether during or after the term of these

9. Unaffiliated Products and Sites

 Descriptions of, or references to, products, publications or sites not owned by BoardWell or its affiliates do not imply endorsement of that product, publication or site. BoardWell has not reviewed all material linked to the Site and is not responsible for the content of any such material. Your linking to any other sites is at your own risk.

 

PRIVACY POLICY

 Welcome to www.boardwellbetter.com. BoardWell wants you to know what information we learn about you when you visit this Site; what we do with that information and any other information you voluntarily provide us through this Site; how you can view or change the information we have; and the steps that we take to ensure the security of the information that we collect from you. This privacy policy describes our information collection and use practices on this Site only. It does not apply to information you might provide on another site operated by us, or one of our partners or affiliates, nor does it apply to information you may provide to us through other forums, including offline or through electronic mail.

WHAT TYPES OF INFORMATION DO WE COLLECT AT THIS SITE?
   
There are 2 types of information that we can learn about you as you browse and use this Site. They are: 

  1. Internet-related Information that consists of generic statistical and demographic information that we gather passively from visitors to the Site.
  2. Personal Information that you provide to us when registering, engaging with our Site, or making contact with us.

Internet-Related Information Gathered Passively
 
We collect Internet-related Information from visitors to our Site, including the referring URL, your IP address, which browser you used to come to the Site, the country, state, or province you are located in, the pages of our Site that you viewed during your visit, and any search terms entered on our Site.  In addition, for mobile users, we gather information on your mobile device and operating system.  We also track users’ traffic patterns throughout their online sessions, including which pages or specific URLs you view while using the Site. We gather this information for the purposes of system administration, such as to diagnose problems with our servers and software, to gather broad demographic information, to monitor the level of activity on our Site, and to administer our Site.  We may share aggregated statistics about pages viewed on our Site, demographic information, and sales and other shopping information with third parties such as our web design vendor to enrich your visitor experience.

Actively Collected Personal Information You Provide

Users who register for mailing lists on our Site will receive the option to receive newsletters, promotions, and other special benefits.  Registered users will receive additional announcements from us about products, services, special deals, and a newsletter.  Out of respect for the privacy of our users, we present the option to not receive these types of communications.  If you do provide information about yourself by registering for a mailing list, ordering a product, filling out a survey, entering a promotion (including contests, sweepstakes, offers, and rebates), or otherwise voluntarily telling us about yourself or your activities, we will collect and use that Personal Information to respond to your request, and for other business purposes, including identifying consumer preferences and improving our products and services and the content of this Site. We may also contact you by email, regular mail, fax, text message, or telephone from time to time with information about our new products and services, special offers, upcoming events, and changes to this Site. If you do not wish to be contacted by all or any of these methods, you may let us know by sending an email message to us at [email protected] or by clicking on the opt-out link on our email messages. Please be sure to give us your exact name and address, and your detailed request so we can respond appropriately.

HOW DO WE COLLECT THIS INFORMATION?

Cookies 
When you visit this Site, we leave a "Cookie" in the memory of your Web browser. The site will only function properly if Cookies are enabled.  This Site uses session Cookies to authenticate you as a user and display content that is relevant and specific to you. Cookies are very small files that store information about your visit to and use of this Site. Most major commercial Internet sites use them and they make your Internet-surfing more useful and less time-consuming for you because they store information that is reusable each time you visit this Site, such as birthday and other preferences you have chosen to share with us. Cookies cannot access and read the files on your hard drive and cannot be used as a virus. They do allow us to provide information and products that are more meaningful to you without asking you the same questions every time you visit us. We also use Cookies to track your visit to our Site to collect aggregate data.  However, this information will only be used for analytical purposes and will be limited to the minimum necessary to perform the analysis.  We hope you will want the better service that Cookies allow, but if you prefer, you can set your browser to refuse Cookies. However by doing that, it may affect your ability to use some of the products, services, and features available on the Site. 

Internet Log Files 
BoardWell and our third party web analytics vendor may maintain log files that contain IP addresses.  An IP address is a numeric address that may be assigned to your computer by your Internet Service Provider.  In general, we use log files to monitor traffic on our Site and to troubleshoot technical problems.  

Analytic Metrics Tools 
BoardWell uses third party proprietary analytics metrics technologies such as Google Analytics to collect non-personal information when you use our online products and services on your personal computer or mobile device.  These tools and technologies use server log files, Cookies, and other tracking technologies to collect and analyze broad demographic information about the visitors to our Site.

HOW CAN YOUR INFORMATION BE USED?
 
If you provide us with your consent, we may share your Personal Information with our affiliates and business partners with whom we have joint marketing arrangements. If you do not want us to share your Personal Information with our marketing affiliates and business partners, then please let us know by contacting us at [email protected]

We employ other companies to perform certain functions on our behalf, such as fulfilling orders, delivering subscriptions, and services related to the design, maintenance, analysis, and improvement of this Site and our database and related systems. These companies have access to your information. Regardless of whether you have provided us with consent, we will share your information with those companies that perform certain functions on our behalf under contract to us, and as may be necessary to comply with applicable laws, police investigations, or in legal proceedings where disclosure of such information is relevant and permitted by law. BoardWell will also assign, sell, license, or otherwise transfer to a third party your name, address, e-mail address, member name, and any other Personal Information in connection with an assignment, sale, joint venture, or other transfer or disposition of a portion or all of the BoardWell service, or the assets, business, or stock of BoardWell.

HOW CAN YOU ACCESS OR MODIFY YOUR PERSONAL INFORMATION?
 
You have the right to access and modify your Personal Information. Once you have registered and logged in to the site, you can access and change your Personal Information by editing your Profile. You can change part or all of your information. Once you have made the appropriate changes, submit your changes and your Profile will be updated immediately. You may also contact us at [email protected] to access or make changes to your personal information.

YOU MUST READ THE PRIVACY POLICIES OF THIRD PARTY SITES

On this Site, we may provide as a convenience to you links to other websites, including sites operated by BoardWell, our partners, associates, or independent third parties such as Facebook, Twitter, LinkedIn or Youtube. These links are provided as a convenience to you. The fact that we link to a website is not an endorsement, authorization, or a representation of our affiliation with that third party.  Each website has its own privacy practices, as described in that site's privacy policy. Those practices may be different than the practices described herein, and we urge you to read each website's privacy policy carefully before you use or submit information to that site. Additionally, to the extent that you follow a link to a website operated by an independent third party, please be aware that we exercise no authority or control over that third party, and cannot and are not responsible for any information that you may submit at that site.

WE RESERVE THE RIGHT TO CHANGE OR UPDATE THIS POLICY AT ANY TIME BY POSTING A NOTICE THAT WE ARE CHANGING OUR PRIVACY POLICY OR BY SENDING AN E-MAIL MESSAGE TO PREVIOUSLY REGISTERED VISITORS.

What To Do If You Have Questions Or Concerns About Your Information, Or If You Need To Contact Us?

If you need information or have any questions or concerns about this Privacy Policy or our use of your Personal Information, or wish to review all of your Personal Information, you may contact us via e-mail [email protected]