PLEASE NOTE - By using this Web site and availing yourself of services, courses and products offered by The Business Development Academy, you are agreeing to the following Terms of Use. If you are unwilling to accept these terms and adhere to the conditions of the Membership Agreement, you should not use this site or avail yourself of services, courses and products offered by The Business Development Academy.

Summary Of Terms Of Use

• You agree to provide true and accurate information about yourself in The Business Development Academy Member Enrollment Form.
• You agree not to use the services at this site or information gained from this site or from services, courses and products offered by The Business Development Academy for illegal purposes or for the transmission of material that is unlawful, harassing, libelous, invasive of another's privacy, abusive, threatening, harmful, vulgar, obscene, tortious, improper or otherwise objectionable, or that infringes or may infringe the intellectual property or other rights of another individual or organization.
• You agree not to use services at this site or information gained from this site for commercial purposes or for the transmission of junk mail, spam, chain letters or unsolicited mass distribution of e-mail.
• You agree that The Business Development Academy, in its sole discretion, may terminate your membership in The Business Development Academy if it is believed that you have violated the Membership Agreement or Terms of Use in any way. In such cases, any monies paid by you for membership and the like will not be refundable.

Membership Agreement

Acceptance Of The Agreement
Fees And Payments
Terms Of Use
Proprietary Rights To Content, User Submissions and Trademarks
Disclaimer Of Warranties And Liability
Indemnification
Termination
Applicable Law And Venue
Enforcement
Revisions

• Acceptance Of The Agreement

1.1 This Member Agreement is your entire agreement with The Business Development Academy (BDA), the owner of this Web site and the information provided under the auspices of The Business Development Academy. The Agreement encompasses the Terms of Use and the Discussion Forum Rules referenced below.

1.2 In using this Web site and when enrolling for courses, seminars, lectures, conferences, social events and the like and when making purchases via this site, you represent, warrant and agree that (a) the information you have provided to The Business Development Academy is accurate, complete and current as prompted by the Member Profile/Enrollment Form, and (b) you will notify BDA of any change in your Member Profile information. If you fail to do so, BDA reserves the right to terminate your membership. You must use your real name at all times when using this Web site.

1.3 BDA reserves the right to disclose information about member usage and demographics in forms that do not reveal member's personal identities, as further specified in the Business Development Academy's Privacy Policy.

1.4 By using this site and completing the member enrollment process, you agree to comply at all times and to be bound by the terms and conditions of this Membership Agreement.

1.5 This agreement expressly holds that BDA assumes no liability for the accuracy, completeness, timeliness, relevance, thoroughness or applicability of any advice, information, consultation given at any of its programs, courses, seminars, conferences, workshops, summits, lectures, social events and the like. BDA shall not be liable for any action taken on the part of its members, enrollees, registrants to any of its programs, courses, seminars, conferences, workshops, summits, lectures, social events and the like. BDA takes no responsibility nor liability for any advice, thoughts, recommendations or utterances given to any of its members, enrollees, registrants, or guests by any speaker, panelist, moderator, lecturer or the like from any of its programs, courses, seminars, conferences, workshops, summits, lectures, social events and the like. Members further are informed that BDA can not assure that their participation in the Expert Answers section of the BDA site will result in qualified experts responding to their queries. In any event, such responses or lack thereof will not cause BDA to be liable for any consequences of such responses. Also, should members be contacted by the media as a result of their membership in BDA, BDA will assume no responsibility for the media’s use of such interview. Members agree that BDA will have absolutely no liability for any media misquoting, misidentifying, or misconstruing any part of an interview with a BDA member. This includes the media publishing an article in which a member is identified even though the media indicated that the member’s confidentiality would be protected. Members agree and will asset that BDA has absolutely no liability, no matter the circumstances or context, for any trade secrets or intellectual property that is compromised by a member interviewing with the media.

1.6 It is understood that each place in this agreement in which use of BDA’s web site is discussed, the same clauses and conditions will govern the courses, seminars, lectures, conferences, social events, articles and research reports and the like offered by BDA.

• Fees And Payments

2.1 There is a yearly fee for BDA Membership. BDA will automatically renew your membership on a yearly basis at the then current rate for the category for which you are eligible using the credit card information on file.

2.2 All enrollment fees, product purchases, membership dues, activation fees and any other monies paid by you to BDA are non-refundable unless expressly stated in marketing materials. This includes your initial membership dues and activation fees unless you inform us in writing within 48 hours of becoming a member.

• Terms Of Use

3.1 This Web site and the services provided by BDA such as courses, seminars, lectures, conferences, social events provide information regarding many aspects of business development.

3.2 BDA assumes no responsibility for the accuracy, timeliness, completeness or usefulness of information in any material available on or accessed through this Web site or from its products and services including its research reports, conferences, seminars, lectures, and articles, and BDA does not endorse any opinions or recommendations posted by The Business Development Academy members or faculty. You are advised that you should exercise discretion before relying on information from such sources, because that information may be incorrect and/or misleading. You are further advised that this Web site and reports, articles, and course materials may include technical inaccuracies and/or typographical errors. Also, you understand that changes, including corrections, may be made periodically to the information or materials provided at or through this site or from other services offered by BDA.

3.3 The following actions, among others, may result in the termination of your membership in The Business Development Academy at BDA's sole discretion:

• Using the service for illegal purposes or for the transmission of material that is unlawful, harassing, libelous, invasive of another's privacy, abusive, threatening, harmful, vulgar, obscene, tortious or otherwise inappropriate or objectionable.
• Posting or transmitting third-party copyrighted information without permission of the copyright owner or in any way infringing on the intellectual property rights, contractual or fiduciary rights of others.
• Providing false information on your enrollment form, impersonating someone else, or allowing another person to use your password to access the member-only areas of this site.
• Using the service for the transmission of junk mail, spam, chain letters or unsolicited mass distribution of e-mail.
• Posting improper or off-topic messages.
• Violating the letter or spirit of this Agreement.

3.4 You acknowledge that certain areas of The Business Development Academy Web site are password protected and intended for use only by enrolled members of the BDA. You agree that you are responsible for all statements made and acts or omissions that occur in connection with your membership in The Business Development Academy.

You also agree that you are solely responsible for maintaining the confidentiality and security of your member password, and that you will not share your password, exchange passwords or use anyone else's password in using this site. You further agree that you will be responsible for all access to and use of the information, materials and products available through this site by any individual or organization using your password, whether or not you have knowledge of or authorize such access and use.

3.5 BDA reserves the right to access and disclose any information, including member names and other information, to comply with applicable laws and lawful government requests, to operate its systems properly or to protect itself or its members.

• Proprietary Rights To Content, User Submissions and Trademarks

1 © Copyright The Business Development Academy - 2007. This Web site and the information accessible or available through it are subject to the copyright and intellectual property rights of The Business Development Academy, and other parties providing content for this site. Any content that is accessible or that you receive through this Web site may be used for your personal, non-commercial use only. You agree not to reproduce, retransmit, repost, recompile, reverse engineer, disassemble, reformat, distribute, sell, rent, lease, loan, sublicense, publish, broadcast, create derivative works from, perform, or in any way commercially exploit any of said content through any media or in any format or version, or infringe upon trademarks or service marks displayed or received through this Web site, including, but not limited to, the distribution of the content to others in your company, firm or organization, without express prior written consent of The Business Development Academy and or the owner of the specific information at issue. All rights to such information and materials not expressly waived herein are reserved. Parties that provide content for publication on or sale through this site are third-party beneficiaries to this provision.

4.2 Other than personally identifiable information, which is covered under the BDA's Privacy Policy, any material, information or other communication that you transmit or post to this Site will be considered non-confidential and non-proprietary. The Business Development Academy will have no obligations with respect to such material, information or communications; and BDA and its designees will be free to copy, disclose, distribute, incorporate and otherwise use the material, information or communications and all data, images, sounds, text, and other things embodied therein for any and all commercial or non-commercial purposes.

4.3 “The Business Development Academy" names, logos and any other "Business Development" marks that are indicated as being trademarks or service marks are the exclusive property of The Business Development Academy and any use of these names, logos or marks without the express prior written permission of The Business Development Academy is strictly prohibited. All other product names, logos or marks mentioned or displayed at this Web site are the property of their respective owners.

• Disclaimer Of Warranties And Liability

7.1 This Web site and its resources are provided by The Business Development Academy "as is" and "as available," without warranty of any kind. BDA expressly disclaims any and all warranties of any kind, whether express or implied, including, but not limited to:

• Any warranties as to the availability, accuracy, completeness, reliability or current status or value of the content or services available at or through this Web site;
• Any warranties that the content or services will be uninterrupted, timely, secure, or error free, or that defects in software supporting this Web site will be corrected; and
• Any warranties of merchantability, fitness for a particular purpose or non-infringement of intellectual property.

7.2 You acknowledge and agree that any information, advice, material and/or data downloaded or otherwise obtained through your use of this Web site is done at your own discretion and risk, and that you will be solely responsible for any damages to your computer system or loss of data that may result from your use of such information and/or the download of such material and/or data.

7.3 No advice or information, whether oral or written, obtained by you from BDA or the Business Development Academy through this Web site or the services provided shall create any warranty not expressly made herein.

7.4 This Web site includes links to other business development resources and Internet Web sites, solely as a convenience to you. If you use these links, you will leave this Site. BDA has not reviewed all of these third party resources and does not control and is not responsible for any of these sites or their content. Accordingly, BDA is not responsible for the availability of these outside resources, or their contents, nor does BDA endorse nor is it responsible for any of the contents, advertising, products or materials on such other sites. If you choose to use such sites, you do so at your own risk. Under no circumstances shall BDA be held responsible or liable, directly or indirectly, for any loss or damages caused or alleged to have been caused by use of or reliance on any content, goods or services available on any such sites. Any concerns regarding such external links should be directed to their respective site administrators or webmasters.

7.5 The Business Development Academy its officers, directors, owners, agents and employees, and other third parties mentioned at this Web site, shall not be liable to you or anyone else for any loss or injury resulting from use of this site or the services provided herein (including, without limitation, those resulting from lost profits, lost data or business interruption), whether caused in whole or in part by the company's negligence or contingencies beyond its control. In no event will BDA, its officers, directors, owners, agents and employees be liable to you or anyone else for any decision made or action taken by you in reliance on such content. Also, BDA, its officers, directors, owners, agents and employees, shall not be liable to you or anyone else for any direct, consequential, special, incidental, indirect, or similar damages, even if advised of the possibility of such damages, resulting from the use or the inability to use this Web site or the services provided herein. Moreover, you specifically acknowledge and agree that BDA shall not be liable to you, your employer or your business for any defamatory, offensive, negligent, fraudulent, or illegal conduct of any user of this site.

7.6 You further agree that the liability of BDA, if any, arising out of any kind of legal claim (whether in contract, tort or otherwise) in any way connected with the operation of this Web site, the services provided herein or the content available at or through this Web site shall not exceed the amount you paid to BDA or any provider of content for the use thereof.

7.7 BDA acknowledges that some jurisdictions do not allow the exclusion of certain warranties. Accordingly, some of the above warranty exclusions may not apply to you.

• Indemnification

8.1 You agree to indemnify and hold The Business Development Academy its officers, directors, owners, agents and employees, harmless from any claim or demand, including reasonable attorneys fees, made by any third party due to or arising out of your use of this Web site or the services provided herein, your violation of the terms and conditions of this Member Agreement, or the infringement by you, or other person using the Web site under your membership identity, of any intellectual property or other right of any person or entity. BDA reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

• Termination

9.1 You agree that BDA may, in its sole discretion, terminate or suspend your access to all or part of The Business Development Academy’s Web site for any reason, including, without limitation, your breach of the terms and conditions of this Agreement or any subsequent modifications thereof. Any suspected fraudulent, abusive or illegal activity may be grounds for termination of your membership in The Business Development Academy and referral of the matter to appropriate law enforcement authorities for investigation. BDA shall not be liable to you or any third party for any claim or cause of action related to the termination of your membership in The Business Development Academy or your use of this Web site.

9.2 You also agree that your continuing use of the services available through this Web site subsequent to your becoming dissatisfied with this site for any reason constitutes your acceptance of the terms and conditions of this Agreement applicable at such time.

• Applicable Law And Venue

10.1 The Business Development Academy administers this Web site from its offices within the State of New Jersey, USA. This site can be accessed from all 50 states, as well as from other countries around the world. Because the laws and regulations of such jurisdictions may differ from those of New Jersey, by accessing this site you agree that the statutes and laws of the State of New Jersey, without regard to conflicts of laws principles thereof or of any jurisdiction, will apply to all matters and any cause or action arising out of or relating to the terms and conditions of this Agreement and/or your use of the site and its contents. In the case of a dispute between you and The Business Development Academy or any provider of content to this site, you agree to submit to, and in any action against BDA to cause BDA solely to submit to, the exclusive personal jurisdiction and venue of the state and federal courts located in New Jersey, USA, where BDA resides.

10.2 By using this site and accepting this Agreement, you also agree that any cause of action arising out of or related to this Agreement or your use of BDA's Web site must be commenced within one (1) month after the cause of action arose; and that your failure to commence an action within this time shall permanently bar any cause of action or claim.

10.3 BDA makes no representation that materials or services at this site are appropriate or available for use outside the United States. If you choose to access this Site from outside the United States, you do so on your own initiative and are responsible for compliance with applicable local laws.

• Enforcement

11.1 The failure of The Business Development Academy to enforce any provision of the Membership Agreement or Terms of Use shall not constitute or be construed as a waiver of such provision or of the right to enforce it at a later time.

11.2 If any provision of the Membership Agreement or Terms of Use is adjudged to be invalid, void, or unenforceable, BDA and you agree that the remaining provisions hereof will not be affected thereby, that the provision in question may be replaced by the lawful provision that most nearly embodies the intention of the original provision, and that the Membership Agreement and Terms of Use will in any event remain valid and enforceable.

• Revisions

12.1 The Business Development Academy reserves the right, at its sole discretion, to modify, enhance, add, or delete any portion of this Web site, including information, materials and products, at any time.

12.2 The Business Development Academy reserves the right, at its sole discretion, to amend this Membership Agreement and Terms of Use of this Web site at any time. Any amended Membership Agreement or Terms of Use will be made available online and will be effective immediately upon being posted. You should visit this page from time to time to review the then-current Terms of Use because they are binding on you if you choose to use this site. Your continued use of this site following the posting of any changes to the Membership Agreement or Terms of Use will signify your agreement to be bound by the terms thereof as amended.