BeingFirst.com Terms of Service
Welcome to Being First!
Table of Contents
A. Requirements to Use Website
This Website is offered and available to you if you have reached the age of majority in the jurisdiction where you reside and that you are in any event 18 years of age or older, By using the Website, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.
If you are using the Website on behalf of a corporation or other organization, you represent and warrant that you have the ability to agree to these Terms on behalf of such organization and all references to “you” throughout these Terms will include such organization, jointly and severally with you personally.
You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. If any applicable law, rule or regulation prohibits you to access the Websites, you may not access them.
The Website is not directed to any person or entity in any jurisdiction where (by reason of nationality, residence, citizenship or otherwise) the publication or availability of the Website and its content, including its products and services, are unavailable or otherwise contrary to local laws or regulations. If this applies to you, you are not authorized to access or use this Website or any of the information on this Website. If you nevertheless access or use the Website, you will still be bound to these Terms and shall have all the obligations, responsibilities and liabilities as if you were eligible to do so.
C. Accessing the Website and Account Security
We reserve the right to withdraw or amend the Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.
You are responsible for both:
If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
As part of your accessing any free or paid content, programs or community memberships, either through general access or a Breakthrough Account, permission is granted to access and download the associated materials (information or software) on https://www.beingfirst.com or https://www.breakthrough.beingfirst.com for personal, non-commercial transitory viewing only. This is the grant of a limited personal license to you that may not be assigned, transferred or sublicensed. It is not a transfer of title. Under this license you may not:
This license shall automatically terminate if you violate any of the above restrictions and may be terminated by Being First, Inc. at any time for any reason. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
4.Terms of Sale
You agree that your order is an offer to buy, under these terms, all products and services listed in your order. All orders must be accepted by us or we will not be obligated to sell the products or services to you.
We will make every effort to ensure your products are shipped in a timely fashion, at the most economic rate, or at the speed requested by you during your purchase. However, dispatch times may vary according to availability and are subject to any delays resulting from postal delays or force majeure for which we will not be responsible.
In order to contract with Being First, Inc. you must be over 18 years of age and possess a valid credit or debit card issued by a bank acceptable to us. Alternatively, you may request direct enrollment or purchase of a product by contacting our home office and paying via check, cash, or wire transfer. Your enrollment or purchase will not be confirmed until funds have been received and processed unless otherwise agreed. Being First, Inc. retains the right to refuse any request made by you and will make reasonable effort to notify you when this occurs. If your order is accepted we will inform you by email and we will confirm the identity of the party which you have contracted with. This will be either www.BeingFirst.com or www.breakthrough.beingfirst.com. When placing an order you undertake that all details you provide to us are true and accurate, that you are an authorized user of the credit or debit card used to place your order and that there are sufficient funds to cover the cost of the goods. The cost of foreign products and services may fluctuate. All prices advertised are subject to such changes and, unless otherwise indicated, are in US Dollars.
(a) Our Contract
When you place an order, you will receive an acknowledgment e-mail confirming receipt of your order: this email will only be an acknowledgment and will not constitute acceptance of your order. A contract between us will not be formed until we send you confirmation by e-mail that the goods which you ordered have been dispatched to you, or you are granted access to any online products. Only those goods listed in the confirmation e-mail sent at the time of dispatch will be included in the contract formed.
(b) Pricing and Availability
While we try and ensure that all details, descriptions, and prices which appear on the Websites are accurate, errors may occur. If we discover an error in the price of any goods which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or canceling it. If we are unable to contact you, we will treat the order as canceled. If your order is canceled and you have already paid for the goods, you will receive a full refund.
Delivery costs may be charged in addition; such additional charges are clearly displayed where applicable and included in the ‘Total Cost’.
Blended Learning Courses facilitated by an instructor in person or via the internet are advertised as available based on the current availability of Being First instructors to deliver those programs. If at any point this availability changes, your enrollment may either be canceled, and a refund issued, or moved to a later date with your approval.
For any of our products that are purchased as available online, on occasion, you may experience a disruption in availability due to system maintenance. We will do our best to inform you of any planned system maintenance at least 24 hours prior to it occurring to avoid any inconvenience to you.
(c) Access to Materials or Programs
Access to any free materials is at the sole discretion of Being First as our free offerings may change at any time.
Access to individually or bulk purchased online materials shall be for the term indicated in the purchase description, unless your account is terminated by yourself voluntarily, or by Being First for Cause, prior to the end of the term.
Your access to any materials provided as part of a paid program shall be for no less than 6 months from the last date of the completed program. The exact terms of access will be included in the program information as part of your purchase. After which time, your access will be terminated unless renewed or otherwise agreed between you and Being First.
Your access to any documents associated with any Online Community, shall be for the time indicated as part of your initial agreement, plus 3 months. After which time, your access will be terminated unless otherwise agreed between you and Being First.
Cancelling your participation in any program or community will end your access to said program or community and any associated materials. Any materials that were accessed or downloaded must be destroyed.
Upon receiving your order we carry out a standard authorization check on your payment card to ensure there are sufficient funds to fulfill the transaction. Your card will be debited upon authorization being received. The monies received upon the debiting of your card shall be treated as a deposit against the value of the goods you wish to purchase. Once the goods have been dispatched and you have been sent a confirmation email the monies paid as a deposit shall be used as consideration for the value of goods you have purchased as listed in the confirmation email.
(e) Cancellations & Refunds
You may cancel your use of Being First materials or participation in Being First programs or communities at any time for any reason and Being First may cancel your use or participation at any time for Cause. All cancellation requests must be in writing to [email protected]
a. For the cancellation of a materials purchase not included in a program, a full refund will be issued if, at the time of cancellation, the materials have not been shipped. If materials have been shipped or received, you must return the materials at your cost prior to receiving your refund. At the time of cancellation, all access, or rights to access any paid materials will end. Any electronic materials that were accessed or downloaded must be destroyed.
2. Program & Community
a. If you cancel your participation in a paid program or community for any reason at any time, except if your cancellation is initiated by Being First for Cause as described in part 4 of this section, you may a) apply 100% of your paid tuition towards a future program, community or materials purchase, or b) request a full or partial refund based on what you feel is fair. We typically request a $199 cancellation fee to cover initial administrative costs. There may also be initial program or community delivery costs we incurred. We will share these with you as part of you determining what your refund request is.
b. If Being First cancels your participation in any paid program or community after it has started for Cause, we will refund a percentage of your paid tuition based on the amount of activity that has been completed.
Examples of when your participation in a program may be Terminated by Being First for “Cause” can be found in part 4 of this section.
3. Breakthrough Member Account
a. To initiate a Termination of your Breakthrough Member Account, please email your request to [email protected]. Your request will be processed and your account and data will be deleted within 30-days of receipt.
b. The Termination of your Breakthrough Member Account may be initiated by yourself at any time for any reason or by Being First at any time for Cause. Once your Breakthrough Member Account is Terminated, you will immediately lose access to any materials that you have purchased or notes that you have stored while using said Breakthrough Member Account.
c. In order to keep your Breakthrough Member Account active, you must login at least once in a 365-day period. If you have not logged-in at least once within 365 days, your Breakthrough Member Account will be immediately marked as inactive and immediately Terminated automatically by our system. Once your Breakthrough Member Account is Terminated, you will immediately lose access to any materials that you have purchased or notes that you have stored while using said Breakthrough Member Account.
4. Definition of Clause
Examples of when your participation in a program, Community, Account or Breakthrough Account may be Terminated by Being First for “Cause” include but are not limited to:
BEING FIRST, the BEING FIRST logo, CHANGE LEADERS ROADMAP, the CHANGE LEADERS ROADMAP Logo and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.
The Website may contain message boards, chat rooms, personal web pages or profiles, forums and bulletin boards, and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through the Website.
Any User Contribution you post to the site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Website, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns a royalty-free, non-exclusive, worldwide, fully paid-up, perpetual, irrevocable, transferable and fully sublicensable (through multiple tiers) license, without additional consideration to you or any third party, to reproduce, distribute, perform, and display (publicly or otherwise), create derivative works of, adapt, modify and otherwise use, analyze, exploit and practice any comment or submission, in any format or media now known or hereafter developed, and for any purpose (including promotional purposes, such as testimonials).
You represent and warrant that:
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.
You will indemnify and save us harmless from and against any liabilities, actions, proceedings, claims, causes of action, demands, debts, losses, damages, charges and costs, including reasonable legal costs, any amount paid to settle any action or to satisfy a judgment and expenses of any kind and character whatsoever incurred by us relating to or arising from your User Contributions, including instances where any of your User Contributions (a) infringes any other third-party intellectual property rights, or (b) is inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful.
We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Website.
8.Monitoring and Enforcement
We have the right to:
Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
However, we do not undertake to review all material before it is posted on the Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:
A. Reporting Claims of Copyright Infringement
We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from this site (the “Website”) infringe your copyright, you may request removal of those materials (or access to them) from the Website by submitting written notification to our copyright agent designated below. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (the “DMCA Notice”) must include substantially the following:
Our designated copyright agent to receive DMCA Notices is:
BEING FIRST, INC
1242 OAK DRIVE, DW2, DURANGO, CO, 81301
If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.
Please be aware that if you knowingly materially misrepresent that material or activity on the Website is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.
B. Counter Notification Procedures
If you believe that material you posted on the Website was removed or access to it was disabled by mistake or misidentification, you may file a counter notification with us (a “Counter Notice”) by submitting written notification to our copyright agent designated below. Pursuant to the DMCA, the Counter Notice must include substantially the following:
Our designated agent to receive Counter Notices is:
BEING FIRST, INC
1242 OAK DRIVE, DW2, DURANGO, CO, 81301
The DMCA allows us to restore the removed content if the party filing the original DMCA Notice does not file a court action against you within ten business days of receiving the copy of your Counter Notice.
Please be aware that if you knowingly materially misrepresent that material or activity on the Website was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.
C. Repeat Infringers
It is the policy of the Company to terminate the user accounts of repeat infringers.
11.Reliance on Information Posted
The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.
This Website may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
12.Changes to Website Content
We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.
13.Information About You and Your Visits to the Website
14.Linking to the Website and Social Media Features
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part.
This Website may provide certain social media features that enable you to:
You may use these features solely as they are provided by us and solely with respect to the content they are displayed with, and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:
You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.
We may disable all or any social media features and any links at any time without notice at our discretion.
15.Links from the Website
If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
The owner of the Website is based in the State of Colorado in the United States. We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
17.Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, 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 WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS 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 LAWS OF CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MIGHT NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
18.Limitation on Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, 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 WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, 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 LAWS OF CERTAIN JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MIGHT NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
20.Governing Law and Jurisdiction
22.Limitation on Time to File Claims
23.Waiver and Severability
25.Your Comments and Concerns
This website is operated by Being First, Inc. 1242 Oak Drive, DW2, Durango, Colorado 81301.
All notices of copyright infringement claims should be sent to the copyright agent designated in our Copyright Policy above in the manner and by the means set out therein.
All other feedback, comments, requests for technical support, and other communications relating to the Website should be directed to: [email protected].