Terms of Use

Acceptance of Terms of Use (“Terms”)

These Terms cover all of the Big Heart Technologies (“BHT”) domains (including BigHeartTechnologies.com, ResilienceMultiplier.com, AlliancesForDiscovery.org, BigHeartIntelligence.org, and ExplorersWheel.com), subdomains, and the servers and networks which power them (“BHT Site”) and all content, which may be updated by BHT from time to time.  BHT will provide notice of any change to the Terms at: http://bigheartintelligence.org/terms-of-use

Please read this statement carefully before accessing the BHT Site. Your access to the BHT Site indicates your agreement to abide by the Terms. If you do not agree to these Terms, please do not access or use the BHT Site.

Proprietary Rights

All rights reserved. All materials contained in the BHT Site are protected by copyright and trademark and shall not be used for any purpose whatsoever other than private, non-commercial viewing purposes. Reproduction, duplication, distribution, derivative works, and other unauthorized copying or use of postings, messages, text, files, images, photos, video, sounds, or other materials (“Content”) or any other materials contained herein are expressly prohibited.

Although BHT does not claim ownership of content that its users post, by posting Content to any public area of the BHT Site, you automatically grant, and you represent and warrant that you have the right to grant, to BHT an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute said Content and to prepare derivative works of, or incorporate into other works, said Content, and to grant and authorize sublicenses (through multiple tiers) of the foregoing. Furthermore, by posting Content to any public area of the BHT Site, you automatically grant BHT all rights necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the Content on the BHT Site by any party for any purpose.

Any violation of BHT’s proprietary rights may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.

BHT Site RSS Feed

We invite you to make noncommercial use of the BHT Site’s RSS feed on your website subject to these Terms. If you incorporate our feed onto your website, please also:

• attribute the feed to the BHT Site;
• attribute non-BHT Content to its provider, using the provider name as it appears in the BHT Site;
• include a link to the BHT Site using the link provided in the BHT Site feed; and
• identify the search terms used to generate the feed.

Content & External Link Disclaimer

You understand that all Content posted on, transmitted through, or linked from the BHT Site, are the sole responsibility of the person from whom such Content originated. You are responsible for all Content that you post, email or otherwise make available via the BHT Site. BHT does not control, and is not responsible for Content made available through the BHT Site. By using the BHT Site, you acknowledge that you may be exposed to Content from other users that is offensive, indecent, inaccurate, misleading, or otherwise objectionable.

The BHT Site may contain links to external, third party web sites along with relevant commentary to provide our visitors with an up-to-date digest of current news. By providing links to other sites, BHT does not guarantee, approve or endorse any linked site or the information or products available at these sites. Visitors to the BHT Site assume full responsibility and accept all risks in using any linked third party web sites. Visitors should direct any concerns regarding any external link to the administrator or webmaster of that web site.

Comments and Discussion Groups Terms of Use

In order to make our Comments and Discussion Groups interesting and informative for our users, the following guidelines must be adhered to by all users posting and/or viewing comments.

You agree not to post on the BHT Site or to email or otherwise make available any Content:

• that is unlawful, harmful, threatening, abusive, profane, harassing, defamatory, libelous, invasive of another’s privacy, or is harmful to minors in any way;
• that is pornographic or depicts sexual conduct;
• that harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
• that impersonates any person or entity, including, but not limited to, a BHT employee, or falsely states or otherwise misrepresents your affiliation with a person or entity (this provision does not apply to messages that are lawful non-deceptive parodies of public figures);
• that includes personal or identifying information about another person without that person’s prior express written consent;
• that is false, deceptive, or misleading;
• that infringes any trademark, trade name, trade secret, copyright or other proprietary rights of any party;
• that constitutes or contains “affiliate marketing,” “link referral code,” “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or unsolicited commercial ads;
• that advertises any illegal services or the sale of any items the sale of which is prohibited or restricted by applicable law;
• that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or
• that disrupts normal online dialogue with an excessive number of messages (flooding attack) to the BHT Site, and/or sourced from the BHT Site to attack another site, network, or computer system, and any other conduct that negatively affects other users’ ability to use the BHT Site.

If BHT receives notice that any posting is not in keeping with these terms and conditions or the intended use of the Comments, BHT may remove that posting and/or any other related postings. Unless a particular BHT Site is notified of a posting that violates these Terms, we will not remove it. We do not exercise any form of editorial control or censorship of Comments except as specified above.

Third Part Services and Sites

The Online Services feature may also make available web sites and/or web pages operated by third parties offering material, information and services (the “Third Party Sites”). Your use of the Third Party Sites and the use of information collected by the operators of such sites are governed by the terms of use and privacy policies found at such sites.   Third Party Sites are made available only as a convenience, and the inclusion within the Online Services feature of any link to a Third Party Site does not imply endorsement by BHT of the operator of such site or any association between BHT and such operator. Any dealings between you and any third party in connection with a Third Party Site, including the delivery of and payment for goods and services and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and the operator of such site. BHT will not be responsible or liable for any part of any such dealings.

Use of Services

You will not use the Online Services feature, including the Services and Materials, for any unlawful purpose, or in any manner or for any purpose which is prohibited by these Terms of Use. In using the Online Services feature, including the Services and Materials, you will not: (a) disrupt or interfere with any other user’s enjoyment of such services or materials or any affiliated or linked sites, (b) upload, post or otherwise transmit any viruses or other harmful, disruptive or destructive files, (c) create a false identity, (d) use or attempt to use another’s account, password, service or system without authorization from BHT, (e) access or attempt to access any service or content which you are not authorized to access, (f) disrupt or interfere with the security of, or otherwise cause harm to, any system resources, accounts, passwords, servers or networks connected to or accessible through such feature or any affiliated or linked sites, (g) conduct any surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise), (h) threaten, defame, abuse, harass, stalk or otherwise violate the legal rights (such as rights of privacy and publicity) of others, (i) publish, post, upload, distribute or disseminate any defamatory, obscene, or unlawful topic, name, material or information; (j) upload or otherwise make available files that contain images, photographs, software or other material protected by intellectual property laws, including, without limitation, copyright, trademark, privacy and publicity laws unless you own or control the rights thereto or have received all necessary consents to do the same, (k) advertise or offer to sell or buy any goods or services for any purpose, (l) violate any applicable laws or regulations.

No Warranty

Except as expressly provided otherwise in a written agreement between you and BHT or you and a third party with respect to such party’s materials or services, and except for any warranty, condition, representation or term to the extent to which the same cannot or may not be excluded or limited by law applicable to you in your jurisdiction, the online services feature, and all materials and services offered through or in association with such feature, are provided “as is” without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability or fitness for a particular purpose, or the warranty of non-infringement. Without limiting the foregoing, BHT and its suppliers make no warranty that (a) the services and materials will meet your requirements, (b) the services and materials will be uninterrupted, timely, secure, or error-free, (c) the results that may be obtained from the use of the services and materials will be effective, accurate or reliable, (d) the quality of any products or the services and materials will meet your expectations and (e) any errors in any software obtained from or used through the services and materials, or any defects in the services and materials, will be corrected.

The online services feature and the services and materials could include technical or other mistakes, inaccuracies or typographical errors. BHT may make changes to the online services feature and the services and materials, including the prices and descriptions of any products, at any time without notice. The services and materials may be out of date, and BHT makes no commitment to update such services or materials.

You understand and acknowledge that (i) BHT does not control, endorse or accept responsibility for any services or materials offered by third parties, (ii) BHT makes no representation or warranties whatsoever about any such third parties, their content, products or services, (iii) any dealings you may have with such third parties are at your own risk and (iv) BHT will not be liable or responsible for any content, products, or services offered by third parties.

The use of the services and materials is made at your own discretion and risk and with your agreement that you will be solely responsible for any damage to your computer system, loss of data, or other harm that results from such activities. BHT assumes no liability for any computer virus or other similar software code that is downloaded to your computer in connection the online services feature or services and materials. No advice or information, whether oral or written, obtained by you from BHT will create any warranty not expressly stated in these terms of use.

Some states or jurisdictions do not allow the exclusion of implied warranties or limitations on how long an implied warranty may last, so the above limitations may not apply to you.

Limitation of Liability

In no event, including without limitation, negligence, will BHT, its subsidiaries, affiliates, agents, officers, directors, employees, partners or suppliers be liable to you or any third party for any damages whatsoever, including, without limitation, special, punitive, incidental, indirect or consequential damages of any kind, or those resulting from loss of use, data or profits, whether or not BHT has been advised of the possibility of such damages, and on any theory of liability, arising out of or in connection with the use of or the inability to use the online services feature or the materials and services, the statements or actions of any third party on or through the online services feature, any dealings with vendors or other third parties, any unauthorized access to or alteration of your transmissions or data, any information that is sent or received or not sent or received, any failure to store or loss of data, files or other content, any services available through the online services feature that are delayed or interrupted, or any web site referenced or linked to from the online services feature.

BHT will have no liability related to your files containing images, photographs, software or other materials arising under laws of copyright, libel, privacy, obscenity or otherwise. BHT also disclaims all liability with respect to the misuse, loss, modification or unavailability of such files.

Some jurisdictions prohibit the exclusion or limitation of liability for consequential or incidental damages. Accordingly, the limitations and exclusions set forth above may not apply to you.

Nothing contained in these Terms of Use limits BHT’s liability to you in the event of death or personal injury resulting from BHT’s negligence or from the tort of deceit (fraud). BHT is acting on behalf of its subsidiaries, affiliates, agents, officers, directors, employees, partners and suppliers for the purpose of disclaiming, excluding and/or limiting obligations, warranties and liability as provided in these Terms of Use, but in no other respects and for no other purpose.

Indemnity and Liability

You agree to indemnify and hold BHT, and its subsidiaries, affiliates, officers, agents, cobranders or other partners, employees and suppliers harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of (a) files or other material containing images, photographs, software or other material you upload, submit or otherwise transmit, (b) your use of the Online Services feature or Services and Materials, (c) your violation of these Terms of Use or (d) your violation of any law, rule or regulation or the rights of any other person or entity.

Language Translation

It is the express wish of the parties that the Terms of Use and all related documents have been drawn up in English. The English version of these Terms of Use will be the version used when interpreting or construing these Terms of Use.

General

These Terms of Use and the other rules, guidelines, licenses and disclaimers posted on the BHT Web Sites constitute the entire agreement between BHT and you with respect to your use of the Online Services feature and the Services and Materials, and supercedes any prior representations, discussions, undertakings, communications or advertising relating thereto. If for any reason a court of competent jurisdiction finds any provision of these Terms of Use or portion thereof, to be unenforceable, that provision will be enforced to the maximum extent permissible so as to effect the intent of the parties as reflected by that provision, and the remainder of these Terms of Use will continue in full force and effect. Any failure by BHT to enforce or exercise any provision of these Terms of Use or related right will not constitute a waiver of that right or provision. The section titles used in these Terms of Use are purely for convenience and carry with them no legal or contractual effect. Nothing in these Terms of Use is intended to be, or will be construed as, altering, revising, modifying or otherwise amending any agreement, arrangement or understanding between you and BHT or its affiliates, licensees or suppliers with respect to any matter other than the Online Services feature and the Services and Materials, including, without limitation, the end-user license agreement governing your use of the Software. These Terms of Use will not prejudice the statutory rights of any party dealing as a consumer. For example, for consumers in New Zealand who use the Online Services feature for personal, domestic or household use (not business purposes), these Terms of Use may be subject to the Consumer Guarantees Act.

Miscellaneous Provisions

These Terms are governed by, and construed in accordance with, the laws of the State of California without giving effect to any principles of conflicts of law. You agree to submit to the exclusive jurisdiction of the courts of the State of California or, if appropriate, the United States District Court for the Central District of California for resolution of any dispute, action or proceeding arising in connection with these Terms or your use or non-use of the BHT Site.

These Terms constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the Terms will be effective only if in writing and signed by BHT.

Contact Information

If you have any questions regarding these Terms or wish to report a violation, please contact the editor of the BHT Site in question, or send an email to service@resiliencemultiplier.com