Welcome to Bristol Who’s Who (“BWW”), and thank you for visiting us. Carefully review the following TERMS AND CONDITIONS before using this website or any associated Services. Your use of this site or the Services described below indicates your acceptance of these terms.

Our TERMS AND CONDITIONS apply to all activity occurring on this www.bristolwhoswho.com including all pages on the bristolwhoswho.com domain, any related domains, third-party domains hosting intellectual property, blogs, social networking properties, user databases, and internal or e-mail submissions, regardless of whether they are specifically referenced herein (“the Services”).

By using the Services, you warrant that (a) you are competent to understand and abide by the terms; (b) you have read and understand the terms; (c) you agree that the terms are valid; (d) you have entered into a legal agreement with Bristol Who’s Who of N.Y. Inc.; and (e) you agree to abide by the terms during your use of the Services. If you disagree with any of the terms set forth below, you should not use the Services and you should immediately contact BWW’s Customer Services department. Please be aware that BWW may amend the terms and conditions from time to time, with all changes posted here. Your continued use of the Services further warrants that you accept any amendments BWW may make.

Statement of Non-Affiliation

Bristol Who’s Who of N.Y. Inc., d/b/a BWW is a for-profit New York corporation. BWW is not associated or affiliated with any other organization or entity except for those specifically identified in the Services provided by BWW. If any other individual, organization or third-party of any type represents to a client that it is somehow affiliated with BWW, the user is asked to report and/or verify this representation to BWW by contacting: info@bristolwhoswho.com.

BWW Benefits

BWW is a New York City-based premier international registry and networking forum dedicated to aggregating and honoring top professionals, executives, and business owners of organizations, businesses, and associations throughout the world. BWW is more than just a registry of accomplished individuals. Our mission, is to provide a full service online networking platform, designed to provide our clients with the tools and means to make long lasting and valuable connections. As detailed below, BWW offers a large selection of products and services, with each program tailored specifically to suit the diverse needs of our cleints:

Complimentary Basic Listing– Limited Benefits / Non-Interactive: A basic listing with BWW is free of charge. The Basic Listing entitles the client to a basic listing within the BWW’s database which is searchable by other client of BWW, only. A Basic Listing is not interactive, and does not permit the client to actively use the services beyond what is described in other levels of service.

Paid Programs – Enhanced Benefits: Experience has shown that BWW clients reap benefits in proportion to the degree of commitment and participation. To maximize our clients opportunities, BWW has developed tiers of services which maximize client participation. Enhanced Benefits include: seminars, speaking opportunities, full search capability of our professional online networking database, continuing and professional education, and much more, which are offered to paid client at several different service tiers.

Use of Database

BWW expressly reserves the right to use all information clients provide in association with their basic or advanced profiles, including name, geographic data, professional data, and other information, keeping in mind that we are very judicious with the use of our clients information and make every effort to identify opportunities that are beneficial to our clients.

Use of Services and Proprietary Information

The Services and all information provided within the Services are the intellectual property of BWW and are proprietary to BWW (“Proprietary Information”). As such, all users of this website, the Services or Proprietary Information agree that the Proprietary Information is protected by U.S. and international copyright, trademark and/or other intellectual property laws, and that the unauthorized use, copying or appropriation of the Proprietary Information may subject the user to civil and/or criminal liability and/or termination of your usage privileges.

BWW makes its Proprietary Information available only to users, for the express purpose of furthering BWW’s mission. The provision of Proprietary Information constitutes a limited, non-exclusive, non-transferable license, granted only for this purpose and no other. Users acknowledge that the Services are subject to change according to the needs of BWW’s user, as determined solely by BWW and without specific notice to users. Users further acknowledge that circumstances may arise in which the Services are found to contain errors or other deficiencies, but that BWW shall have no liability to users in the event such circumstances arise. In addition, users agree that interruptions may periodically occur, and that BWW shall have no liability to users for such interruptions. Specifically, users agree that they have assumed these risks in exchange for the benefits BWW provides through its Services and other offline opportunities.

Users may not engage in any of the following conduct with respect to any of BWW’s Proprietary Information, including Proprietary Information found or hosted on third-party sites, social media platforms, etc. All such conduct is forbidden, and users agree that the following types of conduct may give rise to civil and/or criminal liability, and/or termination of your client privileges:

· Reproduction, in any form by any means and through any forum, of the Proprietary Information without the express written authorization of BWW
· Modification, distribution or republication of the Proprietary Information for any purpose other than that of furthering the BWW mission
· Transfer of the Proprietary Information to any other person, entity or third-party without the express written authorization of BWW
· Removal of or obscuring any copyright, trademark or other proprietary notices from the Proprietary Information
· Granting any non-user or other third-party access to or use of the Services or Proprietary Information without the express written authorization of BWW
· Participation in any conduct which disrupts or in any way interferes with the intended use or operation of the Service
· Participation in any conduct which in any way interferes with another users use of the Service
· Participation in any conduct which in any way attempts to reverse-engineer any of the Services or Proprietary Information, or which in any other way attempts to decompile any of the proprietary Information
· Participation in any conduct which otherwise violates the Terms and Conditions

Users specifically acknowledge that the Services and Proprietary Information may contain BWW’s copyrighted material as well as its trade/service marks, and further acknowledge that nothing in these Terms & Conditions, or any other aspect of service, confers any ownership interest in BWW’s copyrighted material or marks. Users acknowledge that ownership of BBW Proprietary Information, copyrighted materials and marks are exclusively BWW’s. Users agree that they have no interest in any intellectual property belonging to third-parties but licensed to BWW’s use in association with the Services or Proprietary Information. Any attempt to alter, remove, copy or otherwise misappropriate any such intellectual property shall be deemed a material breach, subjecting the user to forfeiture of client services as well as civil and/or criminal liability, and/or termination of user privileges.

If, in BWW’s sole discretion, a user is found to be in breach of these terms, BWW reserves the right to terminate the offending user’s license(s) as well as their status. BWW expressly reserves all other rights and remedies that may be available in the event of such a breach.

Confidentiality of Proprietary Information

Users agree that all Proprietary Information is confidential and that the sole ownership of such information rests with BWW and shall not be transmitted in any manner without the express, written authorization of BWW. Users further agree that all Proprietary Information is trade secret-protected, in that it is independently valuable, not generally known within the industry outside of BWW and its limited licensees to whom it is provided solely in furtherance of BWW’s mission, provides BWW with a competitive advantage in the marketplace, kept secret and subject to reasonable safeguards within the BWW organization and released only to those with a need to know or in accordance with a limited license, and not subject to reverse-engineering or independent discovery or duplication without substantial expertise or by improper means.

Further, users agree that their uses of the Proprietary Information under the limited license granted herein shall be solely in furtherance of the Mission. users acknowledge that any other use of Proprietary Information, including but not limited to unauthorized copying, editing or publication to third-parties, constitutes misappropriation which may subject the offending user to civil and/or criminal liability as well as the remedies set forth above.

Finally, users acknowledge that Proprietary Information shall not be used in any circumstances detrimental to or competitive with BWW, and that any such misuse may subject the offending user to civil and/or criminal liability as well as the remedies set forth above.

If, in BWW’s sole discretion, a user is found to be in breach of these terms, BWW reserves the right to terminate this license as well as the offending user’s client status. BWW expressly reserves all other rights and remedies available in the event of such a breach.

Acceptable Use

Users agree that the BWW client experience may be devalued by or users who violate these Terms & Conditions to the detriment of the BWW user community. To maintain the ongoing high quality of our community, users agree to the following acceptable uses of the Services and Proprietary Information:

· To use the Services and Proprietary Information only in accordance with the Terms & Conditions
· To maintain control over the secrecy of all access information, including usernames and passwords, used to gain access to the Services and Proprietary Information
· To refrain from any activity that is detrimental to BWW users, including posting disparaging information about other users
· To refrain from any activity that is competitive with or detrimental to BWW or any of its affiliates or partners
· To refrain from any activity identified as fraudulent or without authorization under Title 18 U.S. Code Sec. 1030, including the reproduction, duplication, copying, selling or trading of the Services or Proprietary Information; the transmission through or implementation in the Services or Proprietary Information of adware, malware or computer viruses; and/or the deletion or interruption of the Services or Proprietary Information, with the exception of the user’s personal information when done in accordance with the client agreement
· To refrain from any other conduct which might place BWW users or BWW itself in a negative light

If, in BWW’s sole discretion, a user is found to be in breach of these terms, BWW reserves the right to terminate this license as well as the offending user’s client status. BWW expressly reserves all other rights and remedies available in the event of such a breach.

Non-Disparagement

BWW has invested heavily and takes pride in its customer service and organizational leadership directed at building and maintaining a positive community. If any user has questions, comments or concerns about BWW services, they may be directed to info@bristolwhoswho.com. Users agree that any false, inaccurate, misleading, disparaging or otherwise defamatory statements made about BWW and/or its users would cause immediate, irreparable harm to BWW and its community. Therefore, users agree not to engage in any conduct which in any way communicates such statements, including by posting them to any Internet site of any kind, whether controlled by a third-party or the user. In the event any user breaches this agreement, the user further agrees to the following:

· User authorizes BWW to contact the Internet provider in control of the site on which any such statements are posted and demand immediate removal of the statements
· To the extent such statements are posted on a site controlled solely by the user, users agrees to immediately remove the statements upon notification by BWW and, should user refuse to do so, user will be responsible for BWW’s reasonable fees and expenses to seek removal of the statements
· User agrees that such statements have caused BWW and/or its community to suffer immediate, irreparable harm sufficient to warrant a court to award temporary injunctive relief should such relief be necessary for removal of the statements
· User agrees to cooperate in every respect with regard to the removal of such statements, including to execute any documents necessary to effect the removal

If, in BWW’s sole discretion, a user is to be in breach of these terms, BWW reserves the right to terminate this license as well as the offending user’s client status. BWW expressly reserves all other rights and remedies available in the event of such a breach.

Limitation of Liability / Legal Conditions

Users agree that the Services and Proprietary Information are made available as-is, with all faults and without any express or implied warranties of any type. Users further agree that BWW is a service provider as that term is understood under Section 230 of the Communications Decency Act. As such, users understand that BWW is immune from tort liability with respect to, inter alia, liability for false, misleading, or defamatory information or content that may be contained within the website provided, that was posted or provided by third-parties.

Users expressly waive any and all warranty claims, and BWW expressly disclaims all warranties, including:

· warranties of merchantability
· warranties of fitness for a particular purpose
· warranties related to infringement of third-party rights
· warranties related to accuracy or completeness of information provided by BWW or its user
· warranties that the Services or Proprietary Information will be free from disruption or malicious problems such as viruses
· warranties that being a client in BWW or use of the Services or Proprietary Information will yield a particular business result or otherwise enhance the user’s career in any way
· warranties related to the utility, reliability or safety of third-party sites or content referenced or linked to by the Services or Proprietary Information, and BWW specifically disclaims any endorsement of or control over any content provided by any third-party source

Users agree to indemnify and hold harmless BWW from any losses, damages, claims, demands or obligations arising out of user’ breach of these Terms & Conditions. Users agree to bear sole responsibility for such breach and to remunerate BWW for any expense or burden whatsoever associated with such breach, including the payment of reasonable attorneys’ fees and costs. Users are 100% responsible for the content that they post to BBW’s website. Accordingly, the user agree and hereby holds BBW harmless and agrees to indemnify BBW from any damages, suits, actions, or liabilities that arise out of the users postings with respect to any cause of action whatsoever, including but not limited to, defamatory remarks or publications, trademark or copyright infringement, or infringement of any intellectual property right. BWW’s maximum liability and user’ sole remedy for any cause whatsoever shall be limited to the amount of a user’s program fees. BWW shall not be liable for any damages whatsoever associated with users client status or use of the Services or Proprietary Information or any interruption of same. Should any term of user agreement with BWW be found by a court of competent jurisdiction to be unconscionable or otherwise invalid or unenforceable, all other terms shall continue in full force and effect.

Choice of Law / Arbitration

Users agree that all disputes shall be governed by the law of New York State, without regard to any other principles, including conflicts of law, comity of nations or any United Nations convention, except that users agree that “misappropriation” as defined in the Uniform Trade Secrets Act shall govern with respect to controversies or actions sounding misappropriation of trade secrets and/or the use of BWW Proprietary Information. Only those disputes arising out of BWW client services or BWW’s delivery of Service and/or Products to its user or users shall be settled by arbitration in accordance with the rules of the U.S. Arbitration Act, as administered by the American Arbitration Association. Users agree that any arbitration should be held within the City of New York, New York, before a panel of three neutral arbitrators. Further, users agree that any arbitration award in favor of user and/or users under these Terms & Conditions shall not include any consequential, exemplary, special or punitive damages. Users agree that the result of any such arbitration shall remain confidential and subject to the entry of a suitable non-disclosure order. Any other suits or choses in action, not specifically referenced above as being arbitrated, must be venued and/or commenced in the New York State Supreme Court, New York County (Manhattan). Nothing contained in this paragraph shall limit or otherwise prohibit BWW from invoking the jurisdiction of the New York Sate Supreme Court to obtain any form of injunctive or equitable relief.

Complete Agreement

Users agree that these Terms & Conditions and the associated Privacy Policy constitute the complete agreement between them and BWW, and that any other purported agreement, in any form, is wholly superseded.