TERMS OF USE
(Effective Date: November 2017)
IMPORTANT – THIS IS A LEGAL AGREEMENT BETWEEN YOU (referenced herein as "You" or "User" or with "Your") AND BOLD CONCEPTS, INC. (referenced herein as "Bold Concepts") THAT APPLIES EACH TIME YOU USE OR ACCESS THE BOLDCONCEPTS.COM WEBSITE (referenced herein as the "Site"). YOU SHOULD THEREFORE READ CAREFULLY THE FOLLOWING TERMS AND CONDITIONS CONTAINED IN THIS TERMS OF USE AGREEMENT ("TOU") AS THEY GOVERN YOUR USE OF THE SITE.
-
License Grant.
This TOU provides to You a personal, revocable, limited, non-exclusive, royalty-free, non-sublicenseable, non-transferable license to use the Site conditioned on Your continued compliance with the terms and conditions of this TOU. You may print and download materials and information from the Site solely for Your personal use, provided that all hard copies contain all copyright and other applicable notices contained in such materials and information.
-
Restrictions.
Notwithstanding the foregoing, You may not modify, translate, decompile, create derivative work(s) of, copy (in any way, including scraping), distribute, disassemble, broadcast, transmit, publish, remove or alter any proprietary notices or labels, license, sublicense, transfer, sell, mirror, frame, exploit, rent, lease, private label, grant a security interest in, or otherwise use in any manner not expressly permitted herein, the Site.
-
User Obligations.
You represent that You are at least eighteen (18) years of age (or the legal age of majority (whichever is greater)) and will, at all times, provide lawful and accurate information. In addition, You agree to abide by all applicable local, state, national, and international laws and regulations with respect to Your use of the Site. You access the Site on Your own volition.
-
Privacy Policy.
You understand, acknowledge, and agree that the operation of certain areas of the Site may require or involve the submission, use, and dissemination of various personally identifiable information. Please see Bold Concepts' Privacy Policy for a summary of Bold Concepts' personally identifying information collection and use practices.
-
Links to Other Websites.
Bold Concepts may provide links, in its sole discretion, to other sites on the World Wide Web for Your convenience in locating or accessing related information, products, and/or services and to provide access to the social media network groups with which Bold Concepts participates. These sites, and especially any social media network group, are maintained by third parties over which Bold Concepts exercises no control. Accordingly, Bold Concepts expressly disclaims any responsibility whatsoever for the content on these third-party websites. Moreover, these links do not imply an endorsement with respect to any third party or any website or the products or services provided by any third party.
-
DMCA Takedown Policy.
It is Bold Concepts' policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act (DMCA). Bold Concepts respects the intellectual property of others. Users who believe that their intellectual property rights have been infringed through the on-line services provided by Bold Concepts may contact Bold Concepts through their authorized agent and request that the infringing material be removed or access to it blocked. Bold Concepts' designated “Agent for Notice” of claims of copyright infringement can be reached as follows: Kevin Wimsatt, Principal, kwimsatt@boldconcepts.com, 814 W. Diamond Ave, Gaithersburg, MD 20878.
Proper notification of copyright infringement must be sent to Bold Concepts' Agent for Notice (as designated above) and must include the following information:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at the Site are covered by a single notification, a representative list of such works at that Site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Bold Concepts to locate the material;
- Information reasonably sufficient to permit Bold Concepts to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address;
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Please place the following label, “Notice of Infringement,” in the subject line of all such communications to Bold Concepts. Bold Concepts will promptly remove or disable access to materials that are the subject of a proper DMCA notification and notify the User responsible for the material about said removal.
Users who believe that their material has been removed by mistake or are not in violation of copyright law should provide Bold Concepts with a counter-notification that contains the following information:
- A physical or electronic signature;
- Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
- A statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
- The subscribers' name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of the courts of the State of Maryland, and that the subscriber will accept service of process from the person who provided the notification above, or an agent of such person.
Upon receipt of such material, Bold Concepts will restore the material and provide the counter-notification to the party who issued the notification.
-
Proprietary Rights.
This TOU provides only a limited license to access and use the Site. Accordingly, You expressly acknowledge and agree that Bold Concepts transfers no ownership or intellectual property interest or title in and to the Site to You or anyone else. Except as expressly provided herein, Bold Concepts does not grant any other express or implied right to You or any other person under any intellectual or proprietary rights. This Site and its contents are Copyright © 2017 Bold Concepts, Inc. and/or its licensors. All rights reserved. Bold Concepts also owns a copyright in the contents of the Site as a collective work and/or compilation and in the selection, coordination, arrangement, and enhancement of the content of the Site. "Bold Concepts" and all other names, designs, logos, and icons identifying Bold Concepts and its programs, events, solutions, or services are proprietary trademarks of Bold Concepts, and any use of such marks, including, without limitation, as domain names, without the express written permission of Bold Concepts is strictly prohibited. Other product, association, organization, and company names mentioned herein may be the trademarks and/or service marks of their respective owners.
-
Feedback.
Bold Concepts welcomes Your feedback and suggestions about Bold Concepts' programs or services or with respect to how to improve the Site. By transmitting any suggestions, information, material, or other content (collectively, "Feedback") to Bold Concepts, You represent and warrant that You own all rights to such Feedback and the Feedback does not infringe the rights of any third party. In addition, the submission of Feedback will include an irrevocable, perpetual, royalty-free license for Bold Concepts to use such Feedback in any manner and in any medium.
-
Disclaimer.
THE INFORMATION, SOFTWARE FUNCTIONALITY, AND MATERIALS AVAILABLE ON OR THROUGH THE SITE ARE PROVIDED ON AN "AS-IS" AND "AS AVAILABLE" BASIS AND MAY INCLUDE ERRORS, OMISSIONS, OR OTHER INACCURACIES. BOLD CONCEPTS HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OR ANY OTHER IMPLIED WARRANTY UNDER THE UNIFORM COMPUTER INFORMATION TRANSACTIONS ACT AS ENACTED BY ANY STATE.
-
Limitation of Liability.
YOU EXPRESSLY ABSOLVE AND RELEASE BOLD CONCEPTS FROM ANY CLAIM OF HARM RESULTING FROM A CAUSE BEYOND BOLD CONCEPTS' CONTROL. MOREOVER, AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL BOLD CONCEPTS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE OR FOR ANY INFORMATION AND MATERIALS AVAILABLE THROUGH THE SITE, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, AND EVEN IF BOLD CONCEPTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ADDITION, TOTAL LIABILITY OF BOLD CONCEPTS FOR ANY REASON WHATSOEVER RELATED TO USE OF THE SITE OR THIS TOU SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU TO BOLD CONCEPTS IN CONNECTION WITH THE SUBJECT MATTER OF THE PARTICULAR DISPUTE OR $100 (U.S.), WHICHEVER IS LESS.
-
Governing Law.
This TOU has been made in and will be construed and enforced in accordance with the laws of the State of Maryland as applied to agreements entered into and completely performed in the State of Maryland.
-
Enforcing Security on the Site.
Bold Concepts wishes to keep the Site as a safe and productive resource. You therefore may not use the Site or any of Bold Concepts' data, systems, network, or services to engage in, foster, or promote illegal, abusive, or irresponsible behavior. In order to maintain security, You have no reasonable expectation of privacy while using the Site because Bold Concepts reserves the right to view, monitor, and/or record activity on the Site. Such recorded activity is subject to review by law enforcement organizations. Bold Concepts will also comply with all court orders or subpoenas involving requests for information. Bold Concepts reserves the right at any time when warranted to suspend or terminate operation of or access to the Site or any portion of the Site.
-
Injunctive Relief.
You agree that Bold Concepts shall be entitled, in addition to other available remedies, to seek and be awarded an injunction or other appropriate equitable relief from a court of competent jurisdiction restraining any breach, threatened or actual, of Your obligations under any provision of this TOU. Accordingly, You hereby waive any requirement that Bold Concepts post any bond or other security in the event any injunctive or equitable relief is sought by or awarded to Bold Concepts to enforce any provision of this TOU.
-
Term & Termination.
This TOU will take effect (or re-take effect) at the moment You check the box certifying that You have read, understand, and agree to abide by the terms and conditions of the Site, register, respond through the Site to a request for information, and/or begin downloading, accessing, or using the Site, whichever is earliest. Bold Concepts reserves the right at any time and on reasonable grounds to deny Your access to the Site or to any portion thereof and this TOU will also terminate automatically if You fail to comply with its terms and conditions, subject to the survival rights of certain provisions identified below. Termination will be effective without prior notice. You may also terminate this TOU at any time by ceasing to use the Site, but all applicable provisions of this TOU will survive termination, as identified below, and each re-access or use of the Site will reapply this TOU (then in effect) to You. Upon termination, You must destroy all copies of any aspect of the Site in Your possession. The provisions concerning Bold Concepts' proprietary rights, Feedback, disclaimers of warranty, limitations of liability, waiver and severability, entire agreement, injunctive relief, and governing law will survive the termination of this TOU for any reason.
-
Waiver & Severability.
Failure to insist on strict performance of any of the terms and conditions of this TOU will not operate as a waiver of any subsequent default or failure of performance. If any part of this TOU is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most clearly matches the intent of the original provision and the remainder of this TOU shall continue in effect.
-
Entire Agreement.
No joint venture, partnership, employment, affiliate, or agency relationship exists between You and Bold Concepts as a result of this TOU or Your utilization of the Site. This TOU represents the entire agreement between You and Bold Concepts with respect to use of the Site and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written between You and Bold Concepts with respect to the Site. You may not assign or transfer any rights under this TOU without the prior written consent of Bold Concepts. Please note that Bold Concepts reserves the right to change the terms and conditions of this TOU by posting a revised TOU or mailing and/or e-mailing notice thereof to You. In addition, Bold Concepts may add, modify, or delete any aspect, program, or feature of the Site, but Bold Concepts is not under any obligation to add any upgrade, enhancement, or modification. Your continued use of the Site following any announced change will be conclusively deemed acceptance of any change to the terms and conditions of this TOU. Accordingly, please review this TOU on a periodic basis.
Privacy Notice
Effective Date: 11/02/2017
Bold Concepts, Inc. (“Bold Concepts,” “we,” “our,” or “us”) provides this privacy notice to inform you of how we may collect, use, and share personal and technical information that visitors (“you”) provide us through our website, www.boldconcepts.com (“Site”). Depending on the Bold Concepts services that you use, we may also collect or maintain other information about you or on your behalf through other platforms, which may be governed by different policies.
Information Collection
When using our Site, you may voluntarily provide personal information about yourself and others, including, for example, your name, contact information, business information, or additional information you choose to provide to us. If you apply to Bold Concepts to become a client or employee or request a consultation, we may collect any information provided in your application or request. For job applicants this information may include, for example, your education and work experience. For client applicants, this information may include, for example, detailed information about your business, its tax and financial status, and a business credit report. This information about your business may be combined with the personal information that you provide. Finally, we may receive information about you from third parties and combine that information with the personal information that we collect from you.
In addition to personal information, we may also gather technical information when you use the Site or interact with our marketing communications, including, but not limited to, IP address, browser type, pages visited, device type, and time and date of visit. We, our service providers, and other third parties may use cookies or similar technology to collect such information.
Information Use
We may use the personal and technical information we collect for any lawful purpose. These purposes include, but are not limited to, the following:
- To provide products and services you request, including to provide information to the federal government on your behalf;
- To respond to your inquiries and requests, including to respond to contact or consultation requests;
- To communicate with you (including to provide newsletters, updates, surveys and other contents) and others who may interact with our marketing communications;
- For our other business purposes, such as analytics, research, advertising and marketing, payment processing, and operational purposes;
- To maintain, operate, customize, and improve the Site;
- To comply with law enforcement and maintain the security of our Site; or
- As otherwise disclosed at the time of collection or use.
Information Sharing
We may share the personal information we collect through this Site with other parties including, to the extent permitted by law:
- With agencies of the federal government, to provide the services that you request;
- With vendors, third-party service providers, and other agents that perform services for us, including communications or marketing services;
- With selected third parties for their direct marketing purposes (see the “Your Choices” section of this privacy notice for more information);
- As part of a sale, merger or acquisition, or other transfer of all or part of our assets, including as part of a bankruptcy proceeding;
- Pursuant to a subpoena, court order, or other legal process or as otherwise required or requested by law, regulation, or government and oversight authorities, or to protect our rights or the rights or safety of third parties; or
- With your consent or as otherwise disclosed at the time of data collection or sharing.
We may share technical information, as well as any other information that has been aggregated or de-identified so that it does not identify you personally, without restriction.
Digital Advertising & Analytics
We may partner with ad networks and other ad serving providers (“Advertising Providers”) that serve ads on our behalf and others’ on non-affiliated platforms. Some of those ads may be personalized, meaning that they are intended to be relevant to you based on information Advertising Providers collect about your use of the Site and other sites or apps over time, including information about relationships among different browsers and devices. This type of advertising is known as interest-based advertising.
Bold Concepts adheres to the Digital Advertising Alliance (“DAA”) Self-Regulatory Principles in connection with this interest-based advertising activity. You may visit www.aboutads.info to learn more about this type of advertising and how to opt-out of this advertising on websites by companies participating in the DAA self-regulatory program. If you delete your cookies or use a different browser or mobile device, you may need to renew your opt-out choices exercised through the DAA tool. Note that electing to opt-out will not stop advertising from appearing in your browser or applications. It may make the ads you see less relevant to your interests. Additionally, your browser may offer tools to limit the use of cookies or to delete cookies; however, if you use these tools, our Site may not function as intended.
We may also work with third parties that collect data about your use of the Site and other sites or apps over time for non-advertising purposes. For example, Bold Concepts uses Google Analytics to improve the performance of the Site and for other analytics purposes. For more information about how Google Analytics collects and uses data when you use our Site, visit https://www.google.com/policies/privacy/partners/, and to opt out of Google Analytics, visit https://tools.google.com/dlpage/gaoptout/.
Third-Party Links
The Site may provide links to third-party websites, including federal government agency pages, websites of our clients and partners, and our social media pages. We do not control the privacy practices of those websites, and they are not covered by this privacy notice. You should review the privacy notices of other websites to learn about their data practices.
The Site may include social media tools or “plug-ins”, such as social networking and blogging tools offered by third parties. These social media companies may collect information about you and may use and share such information in accordance with your social media account settings, including by sharing such information with the general public. Your interactions with third-party social media companies and the use of their features are governed by the privacy policies of the social media companies that provide those features. We encourage you to carefully read the privacy policies of any social media accounts you create and use.
Your Choices
To opt-out of our email marketing communications or cancel your subscription to our newsletter, you can use the link provided at the bottom of each message.
For choices with respect to third-party interest-based advertising activities, please see the Digital Advertising & Analytics section above.
We may also make your personal information available to selected third parties for their direct marketing purposes. If you would like to opt out of having your information shared in this way, please contact marketing@boldconcepts.com.
Updating Your Preferences and Information
You may request to review, change, or update your personal information by emailing us at marketing@boldconcepts.com.
Changes to Our Privacy Notice
If we decide to change our privacy notice, we will post these changes on this page. We encourage you to visit this page periodically to learn about updates.
Contact Us
If you have questions, comments, or concerns about this privacy notice, please contact us at marketing@boldconcepts.com. You can also reach us at:
Bold Concepts
814 W. Diamond Ave
Gaithersburg, MD 20878
301-258-8870