Nội Quy BNI

Effective/Last Updated: May 25, 2018
BNI Connect®
TERMS OF SERVICE
BNI Worldwide Development Ltd controls data related to BNI’s operating management system
known as BNI Connect® for and on behalf of BNI Global, LLC, together with its related affiliates
BNI Singapore Enterprises Pvt Ltd, BNI India Enterprises Pvt Ltd, BNI Franchising, LLC, BNI
Connect Global, LLC, BNI Hong Kong Enterprises Pvt Ltd, BNI Lanka Enterprises Pvt Ltd, and BNI
Enterprise Business Network (Guangzhou) Co Ltd (“BNI”, “our” or “we”) is making its BNI
Connect® tool available to you subject to these evolving Terms of Service (“ToS”). The ToS
govern your access to and use of BNI’s services available via our BNI Connect® Website and
Mobile App, each as and if applicable, (collectively “BNI Sites”). The BNI Sites include BNI’s
related websites, SMS, APIs, email notifications, applications (web and/or mobile), buttons,
widgets, ads, commerce services, and any other related services that can be accessed via our
BNI Sites or that link to these ToS (collectively, the “Services”), and any information, text, links,
graphics, photos, videos, or other materials or arrangements of materials uploaded,
downloaded or appearing on the Services (collectively referred to as “Content”). By using the
BNI Sites and Services you agree to be bound by these ToS. Since these ToS are evolving,
expect frequent changes to them, and with such changes, your use, rights and privacy
expectations may also change.
In the event of inconsistency between any terms of this contract and any translation into
another language, the English version will control and prevail on any question of interpretation
or otherwise.

  1. Who May Use the Services.
    If the law in your jurisdiction allows you to enter into agreements with third parties, you agree
    to these ToS, and you are a member of BNI in good standing, then you can use the BNI Sites and
    Services. However, if (a) your mind is legally incapacitated (mental disability, intoxication,
    under the age of 18, etc.) for any reason, or (b) you are no longer or not yet a member in good
    standing of BNI, then you are not allowed to use the BNI Sites and Services. For those who are
    accepting these ToS and using the BNI Sites and Services on behalf of a company, organization,
    government, or other legal entity, you represent and warrant that you are authorized to do so.
  2. Privacy.
    Our Privacy Policy, accessible at http://bnitos.com/privacy.html, describes how we collect,
    process, store and share the information you provide to us when you use our BNI Sites and
    Services. You acknowledge that through your use of the Services, your personal data will be
    collected and used as set forth in the Privacy Policy, including the transfer of your data to the
    United States, United Kingdom, and/or other countries for storage, processing and use by BNI,
    its franchisees and members, and its affiliates.
    2
  3. Content on the Services.
    You are responsible for your use of the BNI Sites and Services and for any Content you provide,
    including compliance with applicable laws, rules, and regulations. Don’t hit the submit/send
    button, unless you are prepared to be held accountable for your Content.
    Like with any content published via the Internet, you must consider the source of the Content
    or materials before using or relying upon it. Your use of the Content and BNI Sites are at your
    own risk.
    Users of the Services will operate in a lawful, ethical and professional manner. Users shall
    conduct themselves in a fair, responsible and businesslike manner at all times and will avoid
    any discourteous, deceptive, misleading or unethical practices. You are solely responsible for
    any comments or posts you leave on our Sites, Blogs or the BNI Connect® tool. BNI does not
    control content posted and does not guarantee the accuracy, integrity or quality of the content.
    In using the Site or the Services you may be exposed to content that you may find offensive,
    indecent or objectionable. Under no circumstances will BNI be liable in any way for any content,
    including but not limited to any errors or omissions in any content or any loss or damage of any
    kind incurred as a result of the use of any content posted or otherwise made available via the
    BNI Sites or the Services.
    Examples of unethical or unlawful activities include, but are not limited to the following:
    • False, misleading or disparaging statements of any kind including but not limited to
    about BNI or its affiliated entities or any person or entity using the BNI Sites or the
    Services;
    • Any unauthorized use of the name, logo, trademark or copyrighted material of BNI, its
    affiliated entities or any other person or entity;
    • Violation of any federal, state or local laws or regulations;
    “Spamming” is the abuse of electronic messaging systems to indiscriminately send unsolicited
    bulk messages. While the most widely recognized form of spam is e-mail spam, the term is
    applied to similar abuse in other media, such as but not limited to, instant messaging, Usenet
    newsgroups, web search engines, spam in blogs, wiki spam, mobile phone messaging spam,
    Internet forum spam, and junk fax transmissions. Spamming is strictly prohibited by BNI and
    will result in the immediate termination of your account. Spamming may also be illegal under
    applicable laws and may subject you to civil or criminal penalties.
    Your use of software made available via a BNI Site is subject to any applicable license
    agreement or user agreement or the documentation that accompanies or is included with the
    software (“License Terms”). In the event that software that is provided on or through a BNI site
    is not licensed for your use through License Terms specific to the software, you may use the
    software subject to the following: (a) the software may not be modified or altered in any way;
    and (b) the software may not be redistributed.
    3
    You agree NOT to use the BNI Sites or the Services to:
    • upload, post, email, transmit or otherwise make available any content that is unlawful,
    harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, invasive
    of another’s privacy, hateful, or racially, ethnically or otherwise objectionable or that
    harm minors in any way;
    • impersonate any person or entity, including, but not limited to, a BNI representative,
    forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation
    with a person or entity;
    • forge headers or otherwise manipulate identifiers in order to disguise the origin of any
    content transmitted through the Site or the Services;
    • upload, post, email, transmit or otherwise make available any content that you do not
    have a legal right to make available;
    • upload, post, email, transmit or otherwise make available any content that infringes any
    patent, trademark, trade secret, copyright or other proprietary rights of any party;
    • upload, post, email, transmit or otherwise make available any unsolicited or
    unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” or
    any other form of solicitation or promotion;
    • upload, post, email, transmit or otherwise make available any material that contains
    malicious software;
    • interfere with or disrupt the Site or Services or servers or networks connected to the
    Site or the Services;
    • violate any applicable laws or any regulations having the force of law; or
    • “stalk” or otherwise harass another person.
    BNI has the right (but not the obligation) in its sole discretion to screen, refuse, move or
    remove any content that violates the ToS or is otherwise objectionable.
    You bear all risks associated with the use of any content on the BNI Sites or in connection with
    the Services including any reliance on the accuracy, completeness, or usefulness of such
    content.
    You acknowledge that BNI may access, preserve and disclose your account information and
    content if required to do so by law or in a good faith belief that such access preservation or
    disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the provisions
    of this ToS; (c) respond to claims that any content violates the rights of third parties; (d)
    respond to your requests for customer service; or (e) protect the rights, property or personal
    safety of BNI, its users and the public.
    The Services and software embodied within the Service may include security components that
    permit digital materials to be protected. The use of these materials is subject to usage rules set
    by BNI and/or its technology providers. You may not attempt to override or circumvent any of
    the usage rules embedded in the Services.
    4
    BNI is an internet service provider, and BNI is not responsible for the Content of its users. As an
    internet service provider, BNI may not monitor or control the Content posted via the BNI Sites.
    This means that BNI does not endorse, support, represent, verify or guarantee the
    completeness, truthfulness, accuracy, or reliability of any Content or communications posted
    via the BNI Sites and Services, or endorse any opinions expressed via the BNI Sites and Services.
    This means that you may read or view Content that is offensive, false, misleading, deceptive, or
    otherwise inappropriate, or in some cases, postings that have been mislabeled. All Content is
    the sole responsibility of the user who authored or published such Content, which is you when
    you author and publish content via the BNI Sites and Services.
    BNI is an intellectual property owner and understands the costs and expenses in developing
    and maintaining intellectual property. BNI also respects the intellectual property rights of
    others and expects its users of the BNI Sites and Services to do the same. We reserve the right
    to remove Content alleged to be infringing without prior notice, at our sole discretion, and
    without liability to you. We will respond to notices of alleged copyright infringement that
    comply with applicable law and are properly provided to us, as summarized for you in our
    Digital Millennium Copyright Act (“DMCA”) Copyright Infringement Report and Counter Notice
    forms. Here you will find BNI’s instructions for reporting copyright infringement to it, and
    responding to infringement allegations against you by others. We will respond to notices of
    alleged trademark and other intellectual property infringement that comply with applicable law
    and are properly provided to us, as described in our Trademark Infringement Report and
    Counter Notice forms. Here you will find BNI’s instructions for reporting trademark
    infringement to it, and responding to infringement allegations against you by others.
  4. Your Rights.
    You are to be responsible for what you submit or post via the BNI Sites and Services. This may
    be your opinions, photos, videos, logos and any other thing that you can submit or post via the
    BNI Sites and Services.
    Please note that when you submit or post Content via the BNI Sites and Services, you are
    granting to BNI a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to
    use it for BNI’s business interests. You acknowledge that any of this submitted Content, as well
    as any other existing Content, can be used to create relationship/networking information
    related to BNI Members (“Relationship Data”). You acknowledge and agree that Relationship
    Data is owned exclusively by BNI, and neither you, nor anyone else, can use this Relationship
    Data without the express written consent from BNI. The purpose of this acknowledgement of
    BNI’s ownership of the Relationship Data is in part to prevent others from creating competing
    network groups or the like from the Content that BNI has spent significant money, time and
    allocation of resources in collecting and sorting for its business interests.
    Accordingly, BNI owns the member relationship and the Relationship Data. Similarly, if you are
    a BNI Franchisee, you acknowledge that we may share your performance data with other
    franchisees and that Relationship Data may similarly be shared.
    5
  5. Using the Services.
    You may use the Services only in compliance with these ToS and all applicable laws, rules and
    regulations.
    BNI’s Services are constantly evolving and our Services are likely to change from time to time, at
    our discretion and in accordance to our terms. BNI has the right and may stop (permanently or
    temporarily) providing Services or any features within the Services to you or to any user. BNI
    also retains the right to create limits on your use and storage at our sole discretion at any time.
    BNI may also remove or refuse to distribute any Content via the BNI Sites and Services, suspend
    or terminate users, and reclaim usernames without liability to you.
    You acknowledge and agree that in consideration for BNI granting you access to and use of the
    BNI Sites and Services, BNI and its third-party providers and partners may place advertising to
    you via the BNI Sites and Services, or in connection with the display of Content (including your
    submitted or posted Content) or information from the Services whether submitted by you or
    others. You also agree not to misuse our BNI Sites or Services, for example, by interfering with
    them or accessing them using a method other than the interface and the instructions that we
    provide
    BNI also reserve the right to access, read, preserve, and disclose any information as we
    reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or
    governmental request, (ii) enforce the ToS, including investigation of potential violations
    hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv)
    respond to user support requests, or (v) protect the rights, property or safety of BNI, its users
    and the public. BNI does not disclose personal identifying information to third parties except in
    accordance with its Privacy Policy.
    You are not allowed to develop the BNI Sites and Services except as authorized in the ToS.
  6. Your Account.
    You need to join BNI and create a BNI online account to use our online Services on the BNI
    Sites. You are responsible for safeguarding your BNI Connect account, so use a strong password
    and limit its use to this account. BNI cannot and will not be liable for any loss or damage arising
    from your failure to comply with the above.
  7. Ending These Terms of Service.
    You may end your legal agreement and membership with BNI at any time by deactivating your
    accounts and discontinuing your use of the Services.
    BNI may suspend or terminate your account or cease providing you with all or part of the
    Services at any time for any or no reason, including, but not limited to, if we reasonably believe:
    6
    (i) you have violated these ToS, (ii) you create risk or possible legal exposure for us; (iii) your
    account should be removed due to prolonged inactivity; (iv) your BNI membership expires or is
    otherwise not renewed or terminated, or (v) our provision of the Services to you is no longer
    commercially viable. We will make reasonable efforts to notify you by the email address
    associated with your account or the next time you attempt to access your account, depending
    on the circumstances. In all such cases, the ToS shall terminate, including, without limitation,
    your license to use the Services, except that the following Sections shall continue to apply: 1, 2,
    3 and 8.
  8. Third Party Beneficiaries.
    You agree that these ToS is not an agreement between you and Apple®, Google® or any other
    third party. BNI grants you the right to use the BNI Sites on either an iOS or Android product
    that you own or control, and as permitted by such product’s applicable usage rules. In the
    event of any failure of the BNI Sites to conform to any applicable warranty, you may notify
    Apple®, Google® or other applicable third party to request a refund of your purchase price, if
    applicable, for the BNI Sites; and to the maximum extent permitted by applicable law. BNI shall
    provide maintenance and support services to the BNI Sites. If you have any intellectual
    property or other claim in association with the BNI Sites, please see BNI at legal@bni.com.
    Apple®, Google® or other applicable third party, and their subsidiaries are third party
    beneficiaries of this ToS and Privacy Policy, and, upon your acceptance, these third-party
    beneficiaries thereof will have the right (and will be deemed to have accepted the right) to
    enforce these ToS against you.
  9. All Other Terms.
    The following additional terms apply both to your use of the BNI Connect® Mobile App and to
    the BNI Connect® website.
    A. Fees and Payments.
    If you choose to join BNI as a member in a BNI chapter, you will be provided access to our BNI
    Sites and you agree to pay all fees associated with the membership. Moreover, the BNI
    Connect® Sites are only available if you are a member of BNI in good standing.
    When you order a service you have an opportunity to review and accept the fees that will be
    charged. Prices, availability, and other purchase terms are subject to change. BNI reserves the
    right without prior notice to discontinue or change specifications and prices on services offered
    on and outside of the BNI Sites without incurring any obligation to you. All fees may be subject
    to taxes.
    7
    You are responsible for providing true, accurate, current, and complete information when
    ordering services through the BNI Sites or otherwise. If you use the BNI Sites or other means to
    purchase a service, payment must be received prior to acceptance of an order. BNI may need to
    verify information you provide before BNI accepts your order, and may cancel or limit your
    order any time after it has been placed. Subject to applicable membership policies, if payment
    has already been made and your order is cancelled or limited, BNI will refund any payment you
    made for the service that will not be delivered due to cancellation or limitation of an order in
    the same tender as the original purchase.
    If, for any reason, your credit card company declines or otherwise refuses to pay the amount
    owed for the service you have purchased, you agree that we may, at our option, suspend or
    terminate delivery of service and may require you to pay any overdue amounts incurred
    (including third-party chargeback fees or penalties) by other means acceptable to us. In the
    event legal action is necessary to collect on balances due, you agree to reimburse us for all
    expenses incurred to recover sums due, including attorney fees and other legal expenses.
    Purchases of other products and services through the BNI Sites may be subject to other terms
    and conditions that are presented to you at the time of purchase.
    B. No Automated Querying.
    You may not send automated queries of any sort to the BNI Sites or its systems without express
    written permission in advance from BNI.
    C. Representations and Warranties.
    For each piece of information and/or content that you submit, you represent and warrant that:
    (i) you have the right to submit the content to BNI and grant the licenses set forth above; (ii)
    BNI will not need to obtain licenses from any third party or pay royalties to any third party; (iii)
    the content does not infringe on any third party’s rights, including intellectual property rights
    and privacy rights; and (iv) the content complies with this ToS and all applicable laws. If you are
    submitting information and/or content that relates to a third party (e.g. a Chapter visitor’s or a
    Referral’s contact information), you are representing and warranting that (a) you’ve secured
    consent from such third party for use of the information in the manner reasonably anticipated
    (and in any event to the extent that you’ve consented to for use of your own information), (b)
    you will pass on and ensure delivery of any breach notification to such third parties, and (c)
    you’ll update BNI to the extent such third party desires to revise or withdraw its consent,
    change, remove or otherwise exercise its data privacy rights concerning use of its information.
    D. Intellectual Property.
    All content included on the BNI Sites and in connection with the Services such as text, graphics,
    logos, button icons, images, audio clips, digital downloads, data compilations and software, is
    the property of BNI or its content suppliers and is protected by international copyright laws. All
    8
    software used on the Site is the property of BNI or its software suppliers and is protected by
    international copyright laws. All of the trademarks, service marks, logos, brand and trade
    names appearing on the Site are the proprietary intellectual property of the owners of such
    marks, logos or names and you may not use, modify, remove or otherwise infringe any of such
    proprietary intellectual property. BNI retains full ownership rights with respect to the Site and
    the Services including but not limited to design, functionality, and documentation. You may not
    copy, edit, or reproduce any part of the Site or the Services.
    E. Copyright.
    The DMCA provides protections to BNI relating to material posted online at the discretion of
    users of our Sites. If you are a copyright owner and believe that any content on our Site
    infringes your copyrights, you may inform us by completing our Copyright Infringement Report
    form and mailing it to:
    BNI Global, LLC
    11525 N Community House Road
    Suite 475
    Charlotte, NC 28277
    • a specific description of the alleged infringement and the copyrighted work that you
    believe has been violated;
    • the exact location of the infringing material on the Site;
    • your contact information; and
    • a statement by a person authorized to take action on behalf of the owner of the
    copyright certifying that the information provided is true and correct.
    F. Indemnity and Defense.
    You will defend, indemnify and hold harmless BNI and its affiliates (and their respective
    employees, directors, agents and representatives) from and against any and all claims, costs,
    losses, damages, judgments, penalties, interest and expenses (including reasonable
    attorneys’ fees) that arise out of or relate to: (i) your use of the Site or the Services; (ii) any
    actual or alleged breach of your representations, warranties, or obligations set forth in this
    ToS; (iii) any content you provide including but not limited to any actual or alleged
    infringement of any intellectual property or proprietary rights of any third party.
    G. Limitation of Liability.
    BNI will not be liable for direct or indirect damages of any kind, including without limitation
    incidental, punitive or consequential damage or loss arising out of or in connection with this
    ToS, the Site, the Services, inability to use the Site or the Services, or resulting from any goods
    9
    or services obtained or messages received or transactions entered into through the Site or
    the Services.
    H. Disclaimer of Warranties.
    The BNI Sites and the Services are provided on an “as is” and “as available” basis. BNI makes
    no representations or warranties of any kind, express or implied, concerning the Site, the
    Services or the content thereof. To the fullest extent permissible under applicable law BNI
    disclaims any and all such warranties including without limitation:
    • Any implied warranties of merchantability, fitness for a particular purpose, title, and
    non-infringement;
    • That the Site or the Services will meet your requirements, will always be available,
    accessible, uninterrupted, timely, secure, or operate without error;
    • That the information, content and materials included on the Site will be as
    represented;
    • Any implied warranty arising from course of dealing or usage of trade; and
    • Any obligation, liability, right, claim or remedy in tort, whether or not arising from the
    negligence of BNI.
    I. Third Party websites.
    The BNI Sites may redirect or link to other websites on the Internet, or may otherwise include
    references to information, products or services made available by unaffiliated third parties.
    While we make every effort to work with trusted, reputable providers, from time to time such
    sites may contain information, material or policies that some may find inappropriate or
    personally objectionable. You understand that we are not responsible for the accuracy,
    completeness, decency or legality of content hosted by third party websites, nor are we
    responsible for errors or omissions in any references made on those websites. The inclusion of
    such a link or reference is provided merely as a convenience and does not imply endorsement
    of, or association with the Site or party by us, or any warranty of any kind, either express or
    implied. You are solely responsible for and assume all risk arising from your access to and/or
    use of any such linked websites.
    J. Electronic Delivery of Notices.
    By using the BNI Sites or the Services you consent to electronically receive from BNI any
    communications including notices, agreements, legally required disclosures or other
    information in connection with the Services. BNI may also provide such notices by posting them
    10
    on the Site. If you desire to withdraw your consent to receive notices electronically you must
    discontinue your use of Site and the Services.
    K. Venue and Applicable Law.
    The BNI Sites are created, operated and controlled by BNI in the State of North Carolina, United
    States of America. The laws of the State of North Carolina govern this ToS without giving effect
    to principles of conflicts of laws. Any action arising under this ToS shall be brought only in
    courts located in Mecklenburg County, North Carolina, which shall have exclusive jurisdiction
    and you consent to the exclusive jurisdiction of such courts.
    L. Severability.
    In the event that any provision of this ToS is held to be invalid or unenforceable the remaining
    provisions of this ToS will remain in full force and effect.
    M. Waiver.
    BNI will not be considered to have waived any of rights or remedies described in this ToS unless
    the waiver is in writing and signed by BNI. No delay or omission by us in exercising our rights or
    remedies will impair or be construed as a waiver. Any single or partial exercise of a right or
    remedy will not preclude further exercise of any other right or remedy. Our failure to enforce
    the strict performance of any provision of this ToS will not constitute a waiver of BNI’s right to
    subsequently enforce such provision or any other provisions of this ToS.
    N. Relationship of Parties.
    BNI is not your agent, fiduciary, trustee, or representative. Nothing expressed or implied in this
    ToS is intended or shall be construed to give to any person other than the parties hereto any
    legal or equitable right, remedy, or claim under or in respect to this ToS. This ToS is intended for
    the sole and exclusive benefit of BNI and you.
    O. No Resale Right.
    You agree not to sell, resell, reproduce, duplicate, distribute, copy, or use for any commercial
    purpose any portion of this Site, or use of or access to this Site provided through this Site,
    beyond the limited rights granted to you in our ToS.
    P. Force Majeure.
    In addition to any excuse provided by applicable law, we shall be excused from liability for nondelivery or delay in delivery of Services available through our Site arising from any event
    beyond our reasonable control, whether or not foreseeable by either party, including but not
    limited to: labor disturbance, war, fire, accident, adverse weather, inability to secure
    11
    transportation, governmental act or regulation, and other causes or events beyond our
    reasonable control, whether or not similar to those which are enumerated above.
    Effective/Last Updated: May 25, 2018
    These ToS are an agreement between you and BNI Connect Global LLC, a subsidiary of and on
    behalf of BNI Global, LLC together with its sister affiliate company Corporate Connections
    Global, LLC, 11525 N Community House Road, Suite 475, Charlotte, NC 28277 U.S.A. If you have
    any questions about these ToS, please contact us at legal@bni.com.
    ©2018 BNI Global LLC. All rights reserved.
    Copyright Infringement Report
    To provide Counter-Notice to Copyright Infringement, click here.
    The Digital Millennium Copyright Act (“DMCA”), 17 U.S.C. § 512(c), limits BNI’s liability for
    copyright infringement by content residing on our servers.
    If you believe that your copyrighted work has been used or copied, and that it now resides on
    our servers in a way that constitutes copyright infringement, the DMCA details certain steps
    you may wish to take. One of these is to give us notice, by providing us certain types of
    information specifically outlined in 17 U.S.C. § 512(c).
    Notice will not be effective unless and until it is delivered by the U.S. Postal Service, or other
    delivery service, to the following address:
    BNI Global, LLC
    Attn: General Counsel
    11525 N Community House Road
    Suite 475
    Charlotte, NC 28277
    Please provide the following information:
  10. A signature of the copyright owner, or a person authorized to act on behalf of the
    owner, of an exclusive copyright that has allegedly been infringed.
  11. Identification of the copyrighted work claimed to have been infringed, or, if multiple
    copyrighted works at a single online site are covered by a single notification, a representative
    list of such works on that site.
    12
  12. 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 BNI to locate the material.
  13. Information reasonably sufficient to permit BNI to contact the Complaining Party, such
    as an address, telephone number, and, if available, an electronic mail address at which the
    Complaining Party may be contacted.
  14. 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.
  15. A statement that the information in the notification is accurate, and under penalty of
    perjury, that the Complaining Party is the owner, or is authorized to act on behalf of the owner,
    of an exclusive right that is allegedly infringed.
    Upon receipt of appropriate notification from the Complaining Party, BNI will initiate an
    investigation and forward the Complaining Party’s written notification to the alleged infringer.
    While BNI is investigating the claim, BNI, at its sole discretion and without any legal obligation
    to do so, may, temporarily remove or deny access to the allegedly infringing material from the
    Site.
    If BNI concludes that the Complaining Party has raised a legitimate copyright claim, it will
    continue to suspend the alleged infringer’s BNI account and/or if it is solely stored on a BNI
    server, deny access to the allegedly infringing material. If BNI concludes that the Complaining
    Party has not raised a legitimate claim, BNI will restore access to the allegedly infringing
    material.
    Copyright Infringement Counter-Notice
    If you have received a notice of trademark infringement that you wish to challenge based on 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, you may provide Counter Notice to
    BNI:
    The Digital Millennium Copyright Act (“DMCA”), 17 U.S.C. § 512(c), details certain steps you
    may wish to take. One of these is to give us counter-notice.
    The DMCA provides that BNI, as your service provider, may put the alleged infringing content
    back online only upon receipt of a counter-notice from you, our user/member.
    Your counter-notice must include certain types of information specifically outlined in 17 U.S.C.
    § 512(c).
    13
    Counter-notice will not be effective unless and until it is delivered by the U.S. Postal Service, or
    other delivery service, to the following address:
    BNI Global, LLC
    Attn: General Counsel
    11525 N Community House Road
    Suite 475
    Charlotte, NC 28277
    Please provide the following information:
  16. A signature of the alleged infringer (i.e. your signature).
  17. 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.
  18. A statement under penalty of perjury that the alleged infringer 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.
  19. The alleged infringer’s name, address, and telephone number, and a statement that the
    Infringer consents to the jurisdiction of the Federal District Court for the Western District of
    North Carolina, or if the alleged infringer’s address is outside of the United States, for any
    judicial district in which BNI may be found, and that the alleged infringer will accept service of
    process from the Complaining Party or an agent of such Party.
    Upon receipt of a Counter Notice, BNI shall promptly provide the Complaining Party with a copy
    of the Counter Notice, and inform such Party that it will replace the removed material or cease
    disabling access to it in ten (10) business days. BNI will replace the removed material and cease
    disabling access to it in not less than ten (10), nor more than fourteen (14), business days
    following receipt of the Counter Notification, unless BNI first receives notice from the
    Complaining Party that such Complaining Party has filed an action seeking a court order to
    restrain the alleged infringer from engaging in infringing activity relating to the material on the
    BNI App, Site or network.
    Counter Notice will not be effective unless and until it is delivered by the U.S. Postal Service, or
    other delivery service, to the following address:
    BNI Global, LLC
    Attn: General Counsel
    11525 N Community House Road
    Suite 475
    Charlotte, NC 28277
    14
    Trademark Infringement Report
    To notify BNI that there has been a trademark violation, please follow the specific instructions.
    To provide Counter-Notice to Trademark Infringement, click here.
    If you (the “Complaining Party”) would like to submit a trademark claim for violation of a mark
    on which you hold a valid, registered trademark or service mark (registered with the United
    States Patent and Trademark Office on the Principal Register or, for foreign marks, registered
    with the appropriate intellectual property organization of your country; state registrations and
    registrations on the Supplemental Register are not considered valid for these purposes), BNI
    requests that the Complaining Party substantiate such claim by providing the following
    information to it.
  20. The trademark, service mark, trade dress, name, or other indicia of origin (“mark”) that
    is claimed to be infringed, including registration number.
  21. The jurisdiction or geographical area to which the mark applies.
  22. The name, post office address and telephone number of the owner of the mark
    identified above.
  23. The goods and/or services covered by or offered under the mark identified above.
  24. The date of first use of the mark identified above.
  25. The date of first use in interstate commerce of the mark identified above.
  26. A description of the manner in which the Complaining Party believes its mark is being
    infringed upon.
  27. Sufficient evidence that the owner of the website that is claimed to be infringing is a BNI
    user/member.
  28. The precise location of the infringing mark, including electronic mail address, etc.
  29. A good faith certification, signed under penalty of perjury, stating:
  30. The content of the website [identify website] infringes the rights of another party,
  31. The name of such said party,
  32. The mark [identify mark] being infringed, and
    15
  33. That use of the content of the website claimed to be infringing at issue is not defensible.
    Your trademark claim will not be effective unless and until it is delivered by the U.S. Postal
    Service, or other delivery service, to the following address:
    BNI Global, LLC
    Attn: General Counsel
    11525 N Community House Road
    Suite 475
    Charlotte, NC 28277
    Upon receipt of the appropriate information identified above for trademark claims, BNI will
    initiate an investigation and forward the Complaining Party’s written notification to the alleged
    infringer. While BNI is investigating the claim, BNI, at its sole discretion and without any legal
    obligation to do so, may temporarily remove the allegedly infringing material from the Site.
    If BNI concludes that the Complaining Party has raised a legitimate trademark claim, it may, at
    its sole discretion and without any legal obligation to do so, permanently remove the
    challenged material from the Site, and suspend the alleged infringer’s BNI account. If BNI
    concludes that the Complaining Party has not raised a legitimate claim, BNI will restore access
    to the allegedly infringing material.
    Trademark Infringement Counter-Notice
    If you have received a notice of trademark infringement that you wish to challenge based on 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, you may provide Counter Notice by
    providing the following information to BNI:
  34. A signature of the alleged infringer (i.e. your signature).
  35. 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.
  36. A statement under penalty of perjury that the alleged infringer 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.
  37. The alleged infringer’s name, address, and telephone number, and a statement that the
    Infringer consents to the jurisdiction of the Federal District Court for the Western District of
    North Carolina, or if the alleged infringer’s address is outside of the United States, for any
    judicial district in which BNI may be found, and that the alleged infringer will accept service of
    process from the Complaining Party or an agent of such Party.
    16
    Upon receipt of a Counter Notice, BNI shall promptly provide the Complaining Party with a copy
    of the Counter Notice, and inform such Party that it will replace the removed material or cease
    disabling access to it in ten (10) business days. BNI will replace the removed material and cease
    disabling access to it in not less than ten (10), nor more than fourteen (14), business days
    following receipt of the Counter Notification, unless BNI first receives notice from the
    Complaining Party that such Complaining Party has filed an action seeking a court order to
    restrain the alleged infringer from engaging in infringing activity relating to the material on the
    BNI App, Site or network.
    Counter Notice will not be effective unless and until it is delivered by the U.S. Postal Service, or
    other delivery service, to the following address:
    BNI Global, LLC
    Attn: General Counsel
    11525 N Community House Road
    Suite 475
    Charlotte, NC 28277
093 142 3565
icons8-exercise-96 chat-active-icon