BNI Worldwide Development Ltd controls your personal data for and on behalf of BNI Global,
LLC, together with its related affiliates ("BNI", "our" or "we"). BNI operates bni.com and an
operating management system known as BNI Connect® and is making its website and the BNI
Connect® tool available to you subject to these evolving Terms of Service ("ToS"). The ToS govern
your access to and use of BNI’s services available via our BNI Connect® Website and Mobile App,
each as and if applicable, (collectively "BNI Sites"). The BNI Sites include BNI’s bni.com website,
any related websites, SMS, APIs, email notifications, applications (web and/or mobile), buttons,
widgets, ads, commerce services, and any other related services that can be accessed via our BNI
Sites or that link to these ToS (collectively, the "Services"), and any information, text, links,
graphics, photos, videos, or other materials or arrangements of materials uploaded, downloaded
or appearing on the Services (collectively referred to as "Content"). By using the BNI Sites and
Services you agree to be bound by these ToS. Since these ToS are evolving, expect frequent
changes to them, and with such changes, your use, rights and privacy expectations may also
change.
In the event of inconsistency between any terms of this contract and any translation into another
language, the English version will control and prevail on any question of interpretation or
otherwise.
Eligibility for Using the Services
You are eligible to use the BNI Sites and Services if you meet the following conditions:
Our Privacy Policy, which can be found at http://bnitos.com/privacy.html, outlines the manner in which we gather, process, store, and distribute the information you furnish us when utilizing our BNI Sites and Services. By using our Services, you acknowledge that your personal data will be collected, used, and managed as outlined in our Privacy Policy. This includes the potential transfer of your data to the United States, United Kingdom, and/or other countries for storage, processing, and use by BNI, its franchisees, members, and affiliates. We will seek your consent for such actions where required by relevant laws. For further details, we recommend you consult our Privacy Policy, which we urge you to read and understand thoroughly
You bear responsibility for your use of the BNI Sites and Services, as well as for any Content you
provide. This includes adherence to all relevant laws, rules, and regulations. Do not submit or
send your Content unless you are prepared to assume responsibility for it.
Like with any content published via the Internet, you must consider the source of the Content or
materials before using or relying upon it. Your use of the Content and BNI Sites are at your own
risk.
Users of the Services are expected to conduct themselves in a lawful, ethical, and professional
manner. All users are obligated to act fairly, responsibly, and in a businesslike way at all times,
avoiding any behavior that is discourteous, deceptive, misleading, or unethical. You bear sole
responsibility for any comments or posts you contribute to our Sites, Blogs, or the BNI Connect®
tool.
BNI does not monitor or control the content posted by users and thus does not guarantee the
accuracy, integrity, or quality of such content. In the course of using the Site or Services, you may
encounter content that you deem offensive, indecent, or objectionable. BNI will not be held liable
for any content, including but not limited to any errors or omissions in any content or any loss or
damage of any kind incurred as a result of using any content posted or made available via the
BNI Sites or the Services.
Examples of unethical or unlawful activities include, but are not limited to the following:
As a user of BNI Sites and Services, you are accountable for the content you contribute or share.
This includes your views, photographs, videos, logos, and any other materials you may post or
submit via our platforms.
Please be aware that when you share content through our Sites and Services, you are granting
BNI a worldwide, non-exclusive, royalty-free license, with the right to sublicense, to utilize this
content for its business purposes. You understand that this content, along with any other
available content, may be used to generate networking and relationship information related to
BNI Members (known as "Relationship Data").
You acknowledge and agree that BNI holds exclusive ownership over this Relationship Data.
Neither you nor any other party can use this data without explicit written consent from BNI. This
acknowledgment serves, in part, to prevent the formation of competing networking groups using
the content that BNI has invested substantial resources in collecting, organizing, and using for its
business objectives.
Therefore, BNI retains ownership of the member relationships and the Relationship Data. If you
are a BNI Franchisee, please note that we may share your performance data with other
franchisees and that the Relationship Data may be shared in a similar manner.
Your use of the Services must align with these Terms of Service (ToS) and all relevant laws, rules,
and regulations.
BNI’s Services are continually evolving, and changes may occur from time to time at our discretion
and in accordance with our terms. We reserve the right to modify (either permanently or
temporarily) our Services or any features within the Services to you or any user. We also retain
the authority to impose usage and storage limits at our sole discretion at any time. BNI may
choose to remove or refuse to distribute any content via the BNI Sites and Services, suspend or
terminate users, and reclaim usernames without any liability to you.
In exchange for BNI granting you access to and use of the BNI Sites and Services, you acknowledge
and agree that BNI and its third-party providers and partners may display advertising to you via
the BNI Sites and Services, or in conjunction with the display of Content (including your submitted
or posted Content) or information from the Services whether submitted by you or others.
Furthermore, you agree not to misuse our BNI Sites or Services by interfering with them or
accessing them in a manner other than through the interface and instructions we provide.
BNI reserves the right to access, read, preserve, and disclose any information as we deem
necessary to (i) comply with any applicable law, regulation, legal process, or governmental
request, (ii) enforce the ToS, including the investigation of potential violations, (iii) address fraud,
security or technical issues, (iv) respond to user support requests, or (v) protect the rights,
property, or safety of BNI, its users, and the public. BNI does not disclose personally identifiable
information to third parties except as outlined in its Privacy Policy.
By providing your phone number, you consent to be contacted by BNI regarding events,
marketing, and future communications. These may include telemarketing calls, SMS messages,
and automated calls. You acknowledge that you have the right to opt out of these
communications at any time by following the instructions provided in the messages or contacting
BNI directly.
Unauthorized development or modification of the BNI Sites and Services is prohibited. Any
development activities must be in compliance with the ToS.
In order to utilize our online Services on the BNI Sites, it is required that you become a member of BNI and create an online BNI account. You hold responsibility for the security of your BNI Connect account; thus, it is recommended to create a robust password and limit its usage exclusively to this account. BNI will not be held accountable for any loss or damage resulting from non-compliance with these guidelines.
You have the right to terminate your legal agreement and membership with BNI at any point by
deactivating your accounts and ceasing your use of the Services.
Conversely, BNI reserves the right to suspend or terminate your account, or discontinue providing
you with all or a portion of the Services at any time for any reason or no reason at all. Such
reasons may include but are not limited to: (i) if we reasonably believe that you have breached
these ToS, (ii) if your actions create a risk or potential legal liability for us, (iii) if your account has
remained inactive for an extended period, (iv) if your BNI membership expires, is not renewed,
or is otherwise terminated, or (v) if providing the Services to you is no longer commercially viable
for us.
In such cases, we will make a reasonable effort to notify you either via the email address linked
to your account or at your next attempt to access your account, depending on the circumstances.
In all of these instances, the ToS will be terminated, including, but not limited to, your license to
use the Services. Nonetheless, the provisions of Sections 1, 2, 3, and 8 will continue to be in effect.
You agree that these ToS is not an agreement between you and Apple®, Google® or any other
third party. BNI grants you the right to use the BNI Sites on either an iOS or Android product that
you own or control, and as permitted by such product’s applicable usage rules. In the event of
any failure of the BNI Sites to conform to any applicable warranty, you may notify Apple®,
Google® or other applicable third parties to request a refund of your purchase price, if applicable,
for the BNI Sites; and to the maximum extent permitted by applicable law. BNI shall provide
maintenance and support services to the BNI Sites. If you have any intellectual property or other
claim in association with the BNI Sites, please see BNI at legal@bni.com.
Apple®, Google® or other applicable third parties, and their subsidiaries are third party
beneficiaries of this ToS and Privacy Policy, and, upon your acceptance, these third-party
beneficiaries thereof will have the right (and will be deemed to have accepted the right) to
enforce these ToS against you.
The following additional terms apply both to your use of the BNI Connect® Mobile App and to the BNI Connect® website.
If you choose to join BNI as a member in a BNI chapter, you will be provided access to our BNI
Sites and you agree to pay all fees associated with the membership. Moreover, the BNI Connect®
Sites are only available if you are a member of BNI in good standing.
When you order a service you have an opportunity to review and accept the fees that will be
charged. Prices, availability, and other purchase terms are subject to change. BNI reserves the
right without prior notice to discontinue or change specifications and prices on services offered
on and outside of the BNI Sites without incurring any obligation to you. All fees may be subject
to taxes.
You are responsible for providing true, accurate, current, and complete information when
ordering services through the BNI Sites or otherwise. If you use the BNI Sites or other means to
purchase a service, payment must be received prior to acceptance of an order. BNI may need to
verify the information you provide before BNI accepts your order, and may cancel or limit your
order any time after it has been placed.
If, for any reason, your credit card company declines or otherwise refuses to pay the amount
owed for the service you have purchased, you agree that we may, at our option, suspend or
terminate delivery of service and may require you to pay any overdue amounts incurred
(including third-party chargeback fees or penalties) by other means acceptable to us. In the event
a legal action is necessary to collect on balances due, you agree to reimburse us for all expenses
incurred to recover sums due, including attorney fees and other legal expenses.
Purchases of other products and services through the BNI Sites may be subject to other terms
and conditions that are presented to you at the time of purchase.
BNI may process, store, or transmit cardholder data on behalf of customers who elect us to do
so. When we process, store, or transmit cardholder data, we are committed to protecting the
security of cardholder data in accordance with the Payment Card Industry Data Security Standard
(PCI DSS). We have implemented and maintain the PCI DSS requirements and undergo regular
assessments to validate our compliance. We also monitor and test our security systems and
processes to ensure the ongoing protection of cardholder data.
You may not send automated queries of any sort to the BNI Sites or its systems without express written permission in advance from BNI.
For each piece of information and/or content that you submit, you represent and warrant that: (i) you have the right to submit the content to BNI and grant the licenses set forth above; (ii) BNI will not need to obtain licenses from any third party or pay royalties to any third party; (iii) the content does not infringe on any third party’s rights, including intellectual property rights and privacy rights; and (iv) the content complies with this ToS and all applicable laws. If you are submitting information and/or content that relates to a third party (e.g. a Chapter visitor’s or a Referral’s contact information), you are representing and warranting that (a) you’ve secured consent from such third party for use of the information in the manner reasonably anticipated (and in any event to the extent that you’ve consented to for the use of your own information), (b) you will pass on and ensure delivery of any breach notification to such third parties, and (c) you’ll update BNI to the extent such third party desires to revise or withdraw its consent, change, remove or otherwise exercise its data privacy rights concerning the use of its information.
All content included on the BNI Sites and in connection with the Services such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations and software, is the property of BNI or its content suppliers and is protected by international copyright laws. All software used on the Site is the property of BNI or its software suppliers and is protected by international copyright laws. All of the trademarks, service marks, logos, brand and trade names appearing on the Site are the proprietary intellectual property of the owners of such marks, logos or names and you may not use, modify, remove or otherwise infringe any of such proprietary intellectual property. BNI retains full ownership rights with respect to the Site and the Services including but not limited to design, functionality, and documentation. You may not copy, edit, or reproduce any part of the Site or the Services.
The DMCA provides protections to BNI relating to material posted online at the discretion of
users of our Sites. If you are a copyright owner and believe that any content on our Site infringes
your copyrights, you may inform us by completing our Copyright Infringement Report form and
mailing it to:
BNI Global, LLC
8240 Ballantyne Commons Pkwy
PO Box #49248
Charlotte, NC 28277
You will defend, indemnify and hold harmless BNI and its affiliates (and their respective employees, directors, agents and representatives) from and against any and all claims, costs, losses, damages, judgments, penalties, interest and expenses (including reasonable attorneys' fees) that arise out of or relate to: (i) your use of the Site or the Services; (ii) any actual or alleged breach of your representations, warranties, or obligations set forth in this ToS; (iii) any content you provide including but not limited to any actual or alleged infringement of any intellectual property or proprietary rights of any third party
BNI will not be liable for direct or indirect damages of any kind, including without limitation incidental, punitive or consequential damage or loss arising out of or in connection with this ToS, the Site, the Services, inability to use the Site or the Services, or resulting from any goods or services obtained or messages received or transactions entered into through the Site or the Services.
The BNI Sites and the Services are provided on an “as is” and “as available” basis. BNI does not
provide any representations or warranties, either expressed or implied, regarding the Site, the
Services, or their content. To the greatest extent permitted under applicable law, BNI disclaims
all such warranties, including but not limited to:
The BNI Sites may redirect or link to other websites on the Internet, or may otherwise include references to information, products or services made available by unaffiliated third parties. While we make every effort to work with trusted, reputable providers, from time to time such sites may contain information, material or policies that some may find inappropriate or personally objectionable. You understand that we are not responsible for the accuracy, completeness, decency or legality of content hosted by third party websites, nor are we responsible for errors or omissions in any references made on those websites. The inclusion of such a link or reference is provided merely as a convenience and does not imply endorsement of, or association with the Site or party by us, or any warranty of any kind, either express or implied. You are solely responsible for and assume all risk arising from your access to and/or use of any such linked websites.
By using the BNI Sites or the Services you consent to electronically receive from BNI any communications including notices, agreements, legally required disclosures or other information in connection with the Services. BNI may also provide such notices by posting them on the Site. If you desire to withdraw your consent to receive notices electronically, you must discontinue your use of Site and the Services.
The BNI Sites are created, operated and controlled by BNI in the State of North Carolina, United States of America. The laws of the State of North Carolina govern this ToS without giving effect to principles of conflicts of laws. Any action arising under this ToS shall be brought only in courts located in Mecklenburg County, North Carolina, which shall have exclusive jurisdiction and you consent to the exclusive jurisdiction of such courts.
In the event that any provision of this ToS is held to be invalid or unenforceable, the remaining provisions of this ToS will remain in full force and effect.
BNI's rights or remedies detailed in this ToS are not deemed waived unless such a waiver is expressed in writing and signed by BNI. Any delay or omission on our part in exercising our rights or remedies should not be interpreted as a waiver. Any single or partial exercise of a right or remedy does not prevent the further application of any other right or remedy. Our failure to enforce the strict performance of any provision of this ToS will not constitute a waiver of BNI’s right to subsequently enforce such provision or any other provisions of this ToS.
BNI is not your agent, fiduciary, trustee, or representative. Nothing expressed or implied in this ToS is intended or shall be construed to give to any person other than the parties hereto any legal or equitable right, remedy, or claim under or in respect to this ToS. This ToS is intended for the sole and exclusive benefit of BNI and you.
You agree not to sell, resell, reproduce, duplicate, distribute, copy, or use for any commercial purpose any portion of this Site, or use of or access to this Site provided through this Site, beyond the limited rights granted to you in our ToS.
In addition to any excuse provided by applicable law, we shall be excused from liability for non- delivery or delay in delivery of Services available through our Site arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to: labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.
These ToS are an agreement between you and BNI Worldwide Development Limited, an affiliate
of and on behalf of BNI Global, LLC, together with its affiliated companies, 8240 Ballantyne
Commons Pkwy, PO Box #49248, Charlotte, NC 28277 U.S.A. If you have any questions about
these ToS, please contact us at legal@bni.com.
©2024 BNI Global, LLC. All rights reserved.
To provide Counter-Notice to Copyright Infringement, click here.
The Digital Millennium Copyright Act (“DMCA”), 17 U.S.C. § 512(c), limits BNI’s liability for
copyright infringement by content residing on our servers.
If you believe that your copyrighted work has been used or copied, and that it now resides on
our servers in a way that constitutes copyright infringement, the DMCA details certain steps you
may wish to take. One of these is to give us notice, by providing us certain types of information
specifically outlined in 17 U.S.C. § 512(c).
Notice will not be effective unless and until it is delivered by the U.S. Postal Service, or another
delivery service, to the following address:
BNI Global, LLC
Attn: General Counsel
8240 Ballantyne Commons Pkwy
PO Box #49248
Charlotte, NC 28277
Please provide the following information
If you have received a notice of trademark infringement that you wish to challenge based on a
good faith belief that the material was removed or disabled as a result of mistake or
misidentification of the material to be removed or disabled, you may provide Counter Notice to
BNI:
The Digital Millennium Copyright Act (“DMCA”), 17 U.S.C. § 512(c), details certain steps you may
wish to take. One of these is to give us counter-notice.
The DMCA provides that BNI, as your service provider, may put the alleged infringing content
back online only upon receipt of a counter-notice from you, our user/member.
Your counter-notice must include certain types of information specifically outlined in 17 U.S.C. §
512(c).
Counter-notice will not be effective unless and until it is delivered by the U.S. Postal Service, or
another delivery service, to the following address:
BNI Global, LLC
Attn: General Counsel
8240 Ballantyne Commons Pkwy
PO Box #49248
Charlotte, NC 28277
Please provide the following information:
To notify BNI that there has been a trademark violation, please follow the specific instructions.
To provide Counter-Notice to Trademark Infringement, click here.
If you (the "Complaining Party") would like to submit a trademark claim for violation of a mark
on which you hold a valid, registered trademark or service mark (registered with the United
States Patent and Trademark Office on the Principal Register or, for foreign marks, registered
with the appropriate intellectual property organization of your country; state registrations and registrations on the Supplemental Register are not considered valid for these purposes), BNI
requests that the Complaining Party substantiate such claim by providing the following
information to it.
Your trademark claim will not be effective unless and until it is delivered by the U.S. Postal Service, or another delivery service, to the following address:
BNI Global, LLC
Attn: General Counsel
8240 Ballantyne Commons Pkwy
PO Box #49248
Charlotte, NC 28277
Upon receipt of the appropriate information identified above for trademark claims, BNI will initiate an investigation and forward the Complaining Party’s written notification to the alleged infringer. While BNI is investigating the claim, BNI, at its sole discretion and without any legal obligation to do so, may temporarily remove the allegedly infringing material from the Site.
If BNI concludes that the Complaining Party has raised a legitimate trademark claim, it may, at its sole discretion and without any legal obligation to do so, permanently remove the challenged material from the Site, and suspend the alleged infringer's BNI account. If BNI concludes that the Complaining Party has not raised a legitimate claim, BNI will restore access to the allegedly infringing material.
If you have received a notice of trademark infringement that you wish to challenge based on a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled, you may provide Counter Notice by providing the following information to BNI:
Upon receipt of a Counter Notice, BNI shall promptly provide the Complaining Party with a copy of the Counter Notice, and inform such Party that it will replace the removed material or cease disabling access to it in ten (10) business days. BNI will replace the removed material and cease disabling access to it in not less than ten (10), nor more than fourteen (14), business days following receipt of the Counter Notification, unless BNI first receives notice from the Complaining Party that such Complaining Party has filed an action seeking a court order to restrain the alleged infringer from engaging in infringing activity relating to the material on the BNI App, Site or network.
Counter Notice will not be effective unless and until it is delivered by the U.S. Postal Service, or another delivery service, to the following address:
BNI Global, LLC
Attn: General Counsel
8240 Ballantyne Commons Pkwy
PO Box #49248
Charlotte, NC 28277
BNI TorchBearers Noida - Copyright 2024. All rights reserved.