benjshap LLC Consulting Network Terms
These Terms (including any additional terms or policies referenced herein) govern your membership in the benjshap LLC, a California limited liability company (“our”) Consulting Network (the “Network”). Please read them carefully, as they constitute a legally binding agreement between us and you (and, if applicable, the company or organization you represent).
Fees & Payment
Membership in the Network is subject to your continued payment of the applicable fee(s), to which you separately agreed upon signing up. Fees are due and payable in advance and are nonrefundable. Nonpayment of fees may be grounds for termination of your membership, without notice. Payment processing is handled by a third-party payment processor, subject to the processor’s terms and policies. We do not receive, process or store any credit or deposit account information.
Code of Conduct
Your membership is subject to our Code of Conduct (available at http://benjshap.com/consulting/network/code-of-conduct and incorporated herein by reference as though fully set forth). Violation of the Code of Conduct may be grounds for termination of your membership without notice.
Membership in the Network is restricted to adults located in the United States.
You retain ownership of all content you post, upload to, or otherwise share via the Slack Channel. However, by posting, uploading, or sharing your content, you grant us a non-exclusive, perpetual, sub-licensable, royalty-free, worldwide license to access, use, modify, reproduce and display your content. Of course, the Slack Channel obviously allows you to share your content with other members, and there are many things that others may do with that content, including copying it, modifying it, and re-sharing it. So, please consider carefully what you choose to share and with whom; we take no responsibility for that activity.
All of our content, the selection, compilation, arrangement and presentation of all materials, and the overall design of our website(s) belong to us and are protected by applicable laws. Use of our content without our express prior written permission is strictly prohibited. Our trademarks and logos are trademarks or registered trademarks in the United States, and may not be used without our express written permission.
Content Belonging to Other Parties
You are not permitted to post any content belonging to another party without that party’s express written permission.
You may cancel your membership at any time by clicking the cancel link on https://slackpass.io/benjshap/consulting-network. No refunds will be issued upon cancellation.
THE NETWORK, OUR WEBSITES, THE SLACK CHANNEL AND OUR SERVICES (COLLECTIVELY, THE “SERVICES”) ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED.
WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES, OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED OR MADE AVAILABLE BY THE SERVICES, OR ON ANY WEBSITE LINKED TO IT. YOUR USE OF THE SERVICES OR ITEMS OBTAINED THROUGH THEM IS AT YOUR OWN RISK.
NEITHER WE NOR ANY PERSON ASSOCIATED WITH US MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER WE NOR ANYONE ASSOCIATED WITH US REPRESENTS OR WARRANTS THAT THE SERVICES, THE CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE ANY OF THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICES OR THE SERVERS THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitations on Liability
IN NO EVENT WILL WE, OUR AFFILIATES OR OUR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, MEMBERS, MANAGERS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICES OR ANY CONTENT MADE AVAILABLE THROUGH THE SERVICES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
You agree to defend, indemnify and hold us, our affiliates, licensors and service providers, and each of our respective officers, directors, members, managers, employees, contractors, agents, licensors, suppliers, successors and assigns, harmless from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Services, including, but not limited to, any content or materials you post to or make available.
Right to Terminate
We reserve the right to terminate the Network (or any portion thereof) at any time in our sole discretion, without notice.
These Terms are governed by and shall be construed in accordance with the laws of the State of California, without regard to its conflicts of laws principles.
Resolution of Disputes
Any and all disputes, claims and controversies arising out of or relating to these Terms, the Services and/or your use thereof shall be submitted to final and binding arbitration in accordance with the American Arbitration Association’s (“AAA”) Commercial Arbitration Rules. The arbitration shall be presided over by a single arbitrator affiliated with AAA. The arbitration shall be conducted in the English language in San Francisco, California. Each party shall be responsible for its own fees and costs. The arbitrator’s award shall be in writing and may be entered as a judgment in any court of competent jurisdiction.
The arbitration shall be conducted solely on an individual basis, and not as a class arbitration. No claims may be brought as a plaintiff or class member in any class or representative arbitration proceeding. The arbitral tribunal may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. If this class action waiver is found by a court of competent jurisdiction not to be enforceable, this class action waiver provision shall be severed herefrom, and the remainder of this arbitration provision (and of these Terms) shall remain in full force and effect.
Waiver and Severability
No waiver of by us of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.
We may modify these Terms from time to time. If we do, we will send you a notice via email, and you will have no less than 14 days to opt out from the changes by cancelling your membership in the Network. If you do not do so, you will be bound by the modifications.
The Services (except for the Slack Channel) are operated by benjshap LLC, located at 2102 Filbert St, San Francisco, CA 94123, and firstname.lastname@example.org. All feedback, comments, requests for technical support and other communications relating to the Services should be directed to: email@example.com.