Terms of Use - Bridgespan Leadership Accelerator

01/05/2018 |

1. Introduction; Changes

Please read these Terms of Use and the other agreements described immediately below (collectively, the “Agreements”) before registering for, accessing or using the Bridgespan Leadership Accelerator or any other websites, applications, programs or online or mobile products or services of The Bridgespan Leadership Accelerator (collectively, the “Services”). These Agreements are an agreement between you and The Bridgespan Group (“Bridgespan”). By registering for, accessing or using any Services, you accept and agree to be legally bound by the Agreements, whether or not you are a registered user or have an account. If you do not understand or do not wish to be bound by the terms of the Agreements, do not register for, access or use any Services.

As used in these Terms of Use, “we,” “us” and “our” refer to Bridgespan acting through Bridgespan’s Leadership Accelerator via our digital platform.

2. Programs

Through the Services, Bridgespan offers online courses, programs or other offerings in specific areas of study or on particular topics (each, a “Program”). Bridgespan reserves the right to cancel, interrupt or reschedule any Program or modify its content as well as the point value or weight of any assignment, exam or other evaluation of progress that may be provided in connection with any Program. 

3. Conduct

You agree that you are responsible for your own use of the Services and for your User Content as well as any content of others that you submit, post, contribute, publish or distribute on any of the Services. 

THE FOLLOWING KINDS OF CONTENT (“PROHIBITED CONTENT”) ARE STRICTLY PROHIBITED ON THE SERVICES:

  1. Content that defames, harasses, discriminates against, harms or threatens others;
  2. Content that discusses illegal activities, with the intent to commit them;
  3. Content that infringes or misappropriates intellectual property rights;
  4. Content that you do not have the right to disclose;
  5. Profane, pornographic, obscene, indecent or unlawful content;
  6. Advertising or any form of commercial solicitation;
  7. Content related to partisan political activities; and
  8. Content that contains intentionally inaccurate information or that is posted with the intent of misleading others.

Bridgespan reserves the right to remove Prohibited Content of which it becomes aware, but is under no obligation to do so.

4. User Accounts and User Registration

In order to participate in most Services, you must register for a personal account on the relevant Service (a “User Account”) by providing an email address and a password for your User Account, as well as any additional information required herein or on the relevant Service (“Login Credentials”). In certain circumstances, this account may be created by an administrator or other representative of your Team (as defined below) on your behalf. You agree that you will never divulge or share access or access information to your User Account or Login Credentials with any third party for any reason. You also agree that you will create, use, and/or access only one User Account or set of Login Credentials, and that you will not access the Services using any User Account or Login Credentials other than your own.

We process your personal information for membership administration, to deliver member benefits to you, and to inform you of related events, content, and other benefits or opportunities associated with your participation in the program. We may also use this information to help us understand our members’ needs and interests to better tailor our products and services to meet those needs.

If you are admitted to a Bridgespan Leadership Accelerator Program, or as part of your registration, you may be required to submit a headshot photo of yourself (via webcam or such other method). You may also be subject to spontaneous identity verification checks throughout the applicable Program. The authentication of your identity may be performed by a Bridgespan third party service provider.

5. License Grant to You; Bridgespan’s Intellectual Property Rights

In consideration of your assent to the Agreements, Bridgespan grants you a personal, non-exclusive, non-transferable, revocable license to access and use the Services solely in accordance with the Agreements. Bridgespan may make Leadership Accelerator Content (as defined below) available to you through the Programs or otherwise via the Services. You may obtain and use Leadership Accelerator Content only for your own personal, non-commercial use in connection with the Services and participating in Programs. You may only copy and modify Leadership Accelerator as necessary for your own personal, noncommercial use. You may not transfer, retransmit, distribute, publish, commercially exploit or create derivative works of Leadership Accelerator Content. You may not reverse-engineer, decompile, disassemble or otherwise access the source code for any software that may be used to operate any of the Services. Notwithstanding the foregoing, certain reference documents, digital textbooks, articles and other information on the Services may be made available to you with the permission of third parties, and use of that third party material may be subject to certain rules and conditions, which will be posted along with the material or otherwise disclosed to you. You agree to abide by all such rules and conditions.

6. User Submissions

The Services may provide you with the ability to upload or otherwise provide certain User Content, as well as information regarding the Services (“Feedback”). With respect to User Content you submit or otherwise make available in connection with your use of the Services, and subject to The Bridgespan Group Privacy Policy, you allow Bridgespan to view and share these materials internally, and otherwise as necessary to properly administer the Services or any Program and as explicitly or implicitly disclosed therein. Any use of these materials outside of Bridgespan will only be done in a disguised, anonymous, unattributed way, or with the expressed permission of the User.

7. Cookies

We use browser cookies to improve site functionality and provide you with a better browsing experience.

8. Payment

Unless otherwise expressly agreed in writing by Bridgespan, full payment for participation in a Program (where applicable) is required at the time of registration. Specific payment requirements and related terms may be provided to you at the time of registration on the applicable Program-specific web page, in a contract document, or otherwise on the applicable Service.

9. Refunds

If you or your Team withdraws before the start of a Program or an otherwise agreed-upon date per your Team's contract, you or your Team, as applicable, may be eligible, at Bridgespan’s discretion, for a refund of all or part of the fees and expenses associated with the applicable Program, minus a processing fee at Bridgespan’s discretion. If you or your Team withdraws after the start of a Program or agreed-upon date, or if you or your Team are found to be in violation of the Agreements or any other Bridgespan or Program-specific policy, you or your Team (as applicable) will not be issued a refund unless Bridgespan elects to do so.

10. Termination of Services

You agree that Bridgespan, in its sole discretion, may terminate your use of any or all of the Services or your participation in any Program, for any reason or no reason, and that Bridgespan shall not have any liability to you for any such action; provided, however, that if Bridgespan terminates your participation in a Program other than for cause (including, without limitation, your failure to comply with any term of the Agreements), you will receive a pro-rata refund of any fees you paid in connection with the Program (if applicable). Without limiting any of Bridgespan’s other rights or remedies, it is Bridgespan’s policy to terminate in appropriate circumstances users of the Services who are repeat copyright infringers. The rights granted to you hereunder will terminate upon any termination of your right to use the Services or your participation in a Program, but the other provisions of the Agreements will survive any such termination.

11. Links

The Services may include hyperlinks to websites or applications maintained or controlled by others. Bridgespan is not responsible for and does not routinely screen, approve, review or endorse the contents or use of any of the products or services that may be offered at these websites or applications. If you decide to access linked third-party websites or applications, you do so at your own risk.

12. Eligibility

Account registration and participation in any Program or other Service is generally restricted to those individuals 18 years of age or older who are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties herein. By registering for or participating in a Program or Service, you hereby represent that you are 18 years of age or older and have the authority and legal capacity to enter into the Agreements.

13. Choice of Law; Dispute Resolution

You agree that the Agreements and any claim or dispute arising out of or relating to the Agreements, any Program or other Service, or any content obtained from or through any of the Services will be governed by the laws of the Commonwealth of Massachusetts, excluding its conflicts of law principles.

14. Disclaimers of Warranty; Limitations of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ALL PROGRAMS AND SERVICES (AS DEFINED AT THE OUTSET OF THESE TERMS OF USE) AND ANY RELATED INFORMATION OR PRODUCTS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND (EXPRESS, IMPLIED OR OTHERWISE), INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. BRIDGESPAN DOES NOT WARRANT THAT ANY SERVICE WILL OPERATE IN AN UNINTERRUPTED OR ERROR-FREE MANNER OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. 

EXCEPT INSOFAR AS THE FOLLOWING LIMITATION MAY BE PROHIBITED BY APPLICABLE LAW, BRIDGESPAN SHALL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INDIRECT, PUNITIVE, SPECIAL OR INCIDENTAL DAMAGES, WHETHER FORESEEABLE OR UNFORESEEABLE (INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS OR EARNING POWER, LOSS OF DATA, LOSSES DUE TO ERRORS OR INTERRUPTION IN AVAILABILITY OF ANY SERVICES, UNAVAILABILITY OF ANY PROGRAM, SERVER OR COMMUNICATIONS FACILITY, OR DAMAGES DUE TO ACTS OR OMISSIONS OF OTHERS USING ANY SERVICE OR PARTICIPATING IN A PROGRAM), ARISING OUT OF OR RELATING TO THE AGREEMENTS, THE SERVICES OR THE PROGRAMS, INCLUDING WITHOUT LIMITATION YOUR AND OTHERS' USE OF OR INABILITY TO USE ANY SERVICE, OR YOUR PARTICIPATION IN ANY PROGRAM, OR YOUR SUBMISSION OR USE OF USER CONTENT, OR OTHERS’ USE OF YOUR USER CONTENT, OR YOUR INTERACTION WITH OTHER PROGRAM PARTICIPANTS (WHETHER ONLINE OR IN PERSON), OR YOUR RELIANCE UPON INFORMATION OBTAINED FROM OR THROUGH ANY PROGRAM OR SERVICE, WHETHER BASED IN CONTRACT, TORT, STATUTORY OR OTHER LAW. BRIDGESPAN'S TOTAL CUMULATIVE LIABILITY TO YOU ARISING OUT OF OR RELATED TO THE AGREEMENTS, THE SERVICES OR THE PROGRAMS (INCLUDING, WITHOUT LIMITATION, IN THE WAYS DESCRIBED IN THE PRECEDING SENTENCE), WHETHER BASED IN CONTRACT, TORT, STATUTORY OR OTHER LAW, WILL NOT EXCEED THE GREATER OF (1) THE TOTAL AMOUNT OF FEES RECEIVED BY BRIDGESPAN FROM YOU OR ON YOUR BEHALF FOR OR IN CONNECTION WITH THE SERVICES AND ANY PROGRAMS IN ANY TWELVE MONTH PERIOD OR (2) U.S.$100. THE DISCLAIMERS AND LIMITATIONS SET FORTH IN THIS SECTION SHALL APPLY, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WHETHER OR NOT BRIDGESPAN HAS BEEN NEGLIGENT OR OTHERWISE AT FAULT.

YOU ACKNOWLEDGE AND AGREE THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH IN THESE TERMS OF USE REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND BRIDGESPAN, AND THAT THESE LIMITATIONS ARE ESSENTIAL TO BRIDGESPAN'S WILLINGNESS TO MAKE THE SERVICE AND PROGRAMS AVAILABLE TO YOU. EACH OF THESE DISCLAIMERS AND LIMITATIONS IS INTENDED TO BE SEPARATELY ENFORCEABLE, REGARDLESS OF WHETHER ANY OTHER REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

FOR PURPOSES OF THE FOREGOING DISCLAIMERS AND LIMITATIONS, AS WELL AS THE INDEMNITY IN SECTION 15 BELOW, “BRIDGESPAN” INCLUDES THE ORGANIZATION, THE MEMBERS OF ITS GOVERNING BOARDS, AND ITS OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, AND REPRESENTATIVES.

CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THE LAWS OR REGULATIONS OF THESE JURISDICTIONS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

15. Indemnity

You agree to indemnify and hold harmless Bridgespan (as defined for this purpose in Section 13 above) and Harvard, as intended third-party beneficiaries, from any and all claims, liabilities, damages, losses and expenses, including reasonable attorneys’ fees and costs, relating to or arising out of (a) your use or attempted use of any of the Programs or other Services in violation of the Agreements; (b) your violation of any law or rights of any third party; or (c) information or content that you post or otherwise make available through any Program or otherwise via any of the Services, including without limitation any claim of infringement or misappropriation of intellectual property or other proprietary rights.

16. Release and Waiver

For certain Programs, you may be required to take one or more exams at a designated test site (each, a “Test Site”). A Test Site may be operated by third parties and not by Bridgespan. Going to and using a Test Site may involve risks not found in study conducted solely online. You are responsible for making your own investigation of those risks and assuming them knowingly and willingly.

17. Copyright Policy

Bridgespan takes the intellectual property rights of others seriously and requires that users do the same. The Digital Millennium Copyright Act established a process for addressing claims of copyright infringement that have been implemented for the Services.

The Bridgespan designated copyright agent to receive such claims can be reached as follows:

By mail:

Copyright Agent
The Bridgespan Group, Inc.
2 Copley Place, #3700b
Boston, MA 02116
By phone: 617-572-2833

By fax: (617) 572-2834

By email: [email protected]

Bridgespan may, in appropriate circumstances, disable or terminate the accounts of Users who may be repeat infringers. This process does not limit Bridgespan’s ability to pursue any other remedies that may be available to address suspected infringement.

18. Integration

These Terms of Use and the Bridgespan Group Privacy Policy together constitute the entire agreement between you and Bridgespan with respect to your use of the Services, superseding any prior agreements between you and Bridgespan regarding your use of any of the Services. 

19. Waiver

The failure of Bridgespan to exercise or enforce any right or provision of the Agreements shall not constitute a waiver of such right or provision. If any provision of the Agreements is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, to the extent that may lawfully be done, and the other provisions of these Terms of Use shall remain in full force and effect.

20. Assignment

Bridgespan may freely transfer or assign any portion of its rights or delegate its obligations under the Agreements. You may not transfer or assign, by operation of law or otherwise, any portion of your rights or delegate your obligations under the Agreements without the prior written consent of Bridgespan, and any attempted such transfer or assignment shall be void and of no effect.

21. Personal Data and Erasure

Your personal data is stored by the Bridgespan on its servers, and on the servers of the cloud-based database management services the we engages, located in the United States. We retain data for the duration of the customer’s business relationship with the us. For more information on where and how long your personal data is stored, and for more information on your rights of erasure and portability, please contact the our privacy team at [email protected].