Policies and Code of Ethics of Baz Porter LLC™ Subscribers
All subscribers are expected to adhere to the following Code of Ethics when advertising on Baz Porter LLC™:
- Giving your customers good and accurate information;
- Providing a clear & concise refund policy;
- Refraining from Targeting other Subscribers;
- Communicating with customers in professional manner;
- Adhering to Baz Porter LLC™ sales process in a way not to circumvent its compliance policies;
- Collecting taxes when necessary;
- Offering products which are legal, non-hate related, and ethical; and
- Multi-Level Marketing
- Proper Use of Baz Porter LLC™ Intellectual Property.
against your account including, but not limited to, suspension of listings and/or termination of your subscriber
- Accurate Information
Presenting accurate information depends largely on the impression we leave on our customers. When presenting our products and services we need to leave customers with the right expectations. If you promise someone that you will teach them how to become a good writer, your course should provide the best information about writing. The key is to deliver what you are promising. Be honest. Don’t use phrases that will create the wrong net impression. Clients will not be happy if you promise them a Porsche but deliver a Volkswagen Bug. Over promising and under delivering makes unhappy customers, who will want a refund. There are several ways you can create the wrong impression including; A) misleading earnings claims;
- B) making undocumented claims;
- C) misrepresenting your product or service; and/or
- D) representing your product or service is easier to use than it is.
Your Baz Porter LLC™ Course must not contain statements that a client will expect a certain income if they join your training. Promises of individuals attaining a certain monthly income1 within a certain time frame of joining your program, are prohibited unless you can prove that the typical participant can expect that result. For example, a claim that a client could make $10,000 in two (2) months of joining your program is unacceptable unless you have documented proof that typical students see similar results. Since you do not know how a client will utilize your service, you will be unable to predict the outcome. The result you should focus on is helping the client learn the skill you are teaching, not a promise of certain income. This is a narrow-minded approach that solely focuses on one outcome, which is unpredictable. Avoid making earning type claims
Unsubstantiated Claims & Testimonials
Claims in Your Baz Porter LLC™ Course require a reasonable basis. For example, a claim of increased health benefits from a supplement or nutrient; action; and/or health program must have scientific evidence to support it. A reasonable basis exists when you have support from the claim that is from a reliable source. Wikipedia and general search results from the internet do not constitute a reliable source. A reliable source would include scientific studies, published accredited materials, and generally acceptable practices. Basically, a source which could withstand criticism. Furthermore, Baz Porter LLC™ is not responsible to verify the accuracy of the statements made in stories or “testimonials” shared in your advertisements. All testimonials shared in your advertisements require documentation. Substantiation of your content is a prerequisite of using such material in Your Baz Porter LLC™ Course. Even with substantiation you should avoid using testimonials that create an impression of typicality when they really represent the rare occasional client experience. In all cases where you use a testimonial it should be accompanied with a proper disclosure that the results shown “are not typical, are not guarantees, and the client’s results may vary.” The federal guidelines for using endorsements and testimonials in advertising is found at:
Your Baz Porter LLC™ Course must not contain material misrepresentations. Advertisements are deceptive if they contain a “material” representation that would likely affect the consumer’s decision to purchase your services. The standard for determining if a claim is deceptive is as follows:
1) did the representation affect the consumer’s decision to purchase your training;
2) was there sufficient evidence (documentation) to prove that the representation was true. Unfair methods of competition including misrepresentations or the concealment of any material fact with the intent to deceive is prohibited. As discussed, you should go to great measures to ensure your representations are not misleading and convey a clean message.
3) This is also true if you are claiming to help clients create a certain level of followers, enroll a certain number of customers, or any promise of results must be documented with proof that typical students see similar results.
Unless you are otherwise licensed you should not offer any medical, tax, accounting, financial, or legal advice. Your clients should consult with their accountant, attorney, physician, or financial advisor for advice on your topics. Specific advice on any subject is considered professional advice. For example, generally stating that there are tax deductions available to individuals who own businesses is general advice a lay person can discuss. On the other hand, conducting a detailed conversation with a client about a pending legal issue, and then giving them instructions on how to resolve the issue they face is professional advice. Telling a client that your product will cure, eliminate, or eradicate any type of medical condition is strictly prohibited.
- Ease of Use
You should avoid making it appear that the training or services you offer is easier than it actually is. Making the
ad seem risk free creates the illusion that the process of application or learning that no real work is necessary and
that there is no chance of failure. You should always convey to your clients that effort is required to learn any
process, and that most ventures involve risk.
- Clear & Precise Refund Policy
Baz Porter LLC™ offers purchasers a standard thirty (30) day refund period. While most Subscribers offer a refund policy equivalent to Baz Porter LLC™, as is our requirement, you may offer a period longer than thirty (30) days as long as it is clearly and easily found by your customer. A clear and precise disclosure is one that the customer sees before they purchase. A small and hidden disclosure is not sufficient. This disclosure must be readily visible (proximate and predominant) to the offer of your service. It is also necessary for clients to be able to quickly review your return/refund policy even after they have purchased. It is essential that you follow whatever policy. Baz Porter LLC™ will not be responsible for your customer refunds. We may remove your account if you fail to abide by your refund policy.
- Subscriber Targeting
You must not use target other Subscribers in an attempt to deter, deflect, or steal customers. These actions may infringe on your co-Subscriber’s ability to acquire customers. Targeting includes activities which discriminate against, harass, provoke, or disparage customers from using another Subscriber’s products and/or services. Subscribers should not directly or indirectly create or make negative reviews of another Subscriber’s service solely as an attempt to detract buyers from that Subscriber’s products and services. Baz Porter LLC™ will immediately suspend or terminate your subscription if it is deemed you have Targeted another Subscriber.
- Customer Communications
A good client is a happy client. Providing your customers with the service you promise is a good start, but it is not enough by itself. You must also communicate with clients and be responsive. Being proactive with your clients can tell you a lot about their experience. When you consistently ask your customers about their experience, it can help you improve your product and service. Once a customer has purchased you need to provide them with a means to communicate with you if there are any problems with your product or service. No one will understand your product and service better than you. Consequently, Baz Porter LLC™ is not in the best situation to always help your clients. That responsibility is yours. You should at minimum always have an email address and telephone number in which the customer may communicate with you listed on your offer. This way you will better be able to service the customer’s needs, especially if they have questions about your service. Baz Porter LLC™ is there if there are technical problems with the service related to the hosting website but is not a great resource for customers who have specific questions about your training. It’s always a good rule of thumb to communicate with your clients. Make it easy for customers to start a conversation.
- Code of Ethics
Your reputation is everything. How we relate with one another is the essence of business. If you are not ethical in your dealings with your clients, not only will that cause cancellations and refunds, but it will harm the most valuable asset you have, your reputation. Ethics do not only apply to your buyers, but to other Baz Porter LLC™ Subscribers. Adherence to these Code of Ethics is essential to ensure the satisfaction and reasonable expectation of the customer. By subscribing to Baz Porter LLC™ you agree to follow these ethical guidelines and to avoid making representations that could be harmful to your customers. Failure to abide by this code may result in Baz Porter LLC™ suspending or terminating your subscription.
Because you are selling goods and services you may be responsible to collect sales tax for the transaction. Sales tax is owed to the state you are selling into, not the state where you are located. Each state has their own rules regarding sales tax. Some states don’t collect sales tax at all. There are several external services that will help you determine sales tax. If you are unsure use one of those services or contact the state tax agency in the state you are selling into. This all sounds very complicated, but we are working on a solution for you. Shortly we will have a solution for sales tax integrated into our software, which you may use. The service is optional, but the requirement to collect sales tax in states that have it, is not.
- Legal & Ethical Products
Your Baz Porter LLC™ Course must not constitute, facilitate, or promote illegal products, services or activities. Your Baz Porter LLC™ Course targeted to minors must not promote products, services, or content that are inappropriate, illegal, or unsafe, or that exploit, mislead, or exert undue pressure on the age groups targeted. Your Baz Porter LLC™ Course must not discriminate or encourage discrimination against people based on personal attributes such as race, ethnicity, color, national origin, religion, age, sex, sexual orientation, gender identity, family status, disability, medical or genetic condition. Your Baz Porter LLC™ Course must not promote the sale or use of tobacco products and related paraphernalia. Advertisements must not promote electronic cigarettes, vaporizers, or any other products that simulate smoking. Your Baz Porter LLC™ Course must not promote the sale or use of illegal, prescription, or recreational drugs. Your Baz Porter LLC™ Course must not promote the sale or use of unsafe supplements, as determined by Baz Porter LLC™ in its sole discretion. Furthermore, you cannot claim that supplements prevent, treat, or cure diseases. You should also provide an appropriate disclosure when using supplements as required by the Federal Food and Drug Administration (“FDA”): “Unlike drugs, dietary supplements are not evaluated by the FDA for safety and effectiveness. Dietary Supplements are not meant to prevent, treat or cure diseases.” Remember in Your Baz Porter LLC™ Course that “natural” does not always mean safe. Your Baz Porter LLC™ Course must not promote the sale or use of adult products or services, except for Your Baz Porter LLC™ Course promoting training and/or education of family planning and contraception. Your Baz Porter LLC™ Course for contraceptives must focus on the contraceptive features of the product, and not on sexual pleasure or sexual enhancement, and must be targeted to people 18 years or older. Your Baz Porter LLC™ Course must not contain adult content. This includes nudity, depictions of people in explicit or suggestive positions, or activities that are overly suggestive or sexually provocative. Your Baz Porter LLC™ Course that assert or imply the ability to meet someone, connect with them or view content created by them must not be positioned in a sexual way or with an intent to sexualize the person featured in Your Baz Porter LLC™ Course. Your Baz Porter LLC™ Course must not contain content that infringes upon or violates the rights of any third party, including copyright, trademark, privacy, publicity, or other personal or proprietary rights. Your Baz Porter LLC™ Course must not contain shocking, sensational, inflammatory or excessively violent content. Your Baz Porter LLC™ Course must not contain profanity or bad grammar and punctuation. Symbols, numbers and letters must be used properly without the intention of circumventing our ad review process.
Your Baz Porter LLC™ Course may be used to train on how to create or market a multi-level marketing business. All users, however, agree that all content will comply with the Federal Trade Commission’s Business Guidance Concerning Multi-Level Marketing, see
- Use of Baz Porter LLC™ Intellectual Property
Advertisements that include any reference to Baz Porter LLC™ must be approved by Baz Porter LLC™. Clients cannot create an impression that your relationship with Baz Porter LLC™ is anything more than it is, which is an independent forum for you to promote your training or services. Furthermore, all other Your Baz Porter LLC™ Course and landing pages must not use our copyrights, trademarks, or any confusingly similar marks, except as expressly permitted by Baz Porter LLC. Ensure any ad data collected, received or derived from your Baz Porter LLC ad (“Baz Porter LLC advertising data”) is only shared with someone acting on your behalf, such as your service provider. You are responsible for ensuring your service providers protect any Baz Porter LLC advertising data or any other information obtained from us, limit their use of all of that information, and keep it confidential and secure. Don’t use Baz Porter LLC advertising data for any purpose (including retargeting, commingling data across multiple advertisers’ campaigns, or allowing piggybacking or redirecting with tags), except on an aggregate and anonymous basis (unless authorized by Baz Porter LLC) and only to assess the performance and effectiveness of your Baz Porter advertising campaigns. Don’t use Baz Porter LLC advertising data, including the targeting criteria for your ad, to build, append to, edit, influence, or augment user profiles, including profiles associated with any mobile device identifier or other unique identifier that identifies any particular user, browser, computer or device. Don’t transfer any Baz Porter LLC advertising data (including anonymous, aggregate, or derived data) to any ad network, ad exchange, data broker or other advertising or monetization-related service.
PRIVACY STATEMENT Last Updated 19 January, 2023
Baz Porter, LLC and Ace Referral, LLC, (www.bazporter.com, “us,” “we,” or “our”) thanks you for visiting the online and mobile resources we publish. We use the words “you” and “your” to mean you, the reader, and other visitors to our online and mobile resources who are, in all cases, over the age of 13. Our privacy statement (“this statement,” “this privacy statement,” and “our statement”) informs you about from whom and the types of personal information we collect, how we use it, who we share it with and why, and what we do to try to protect it. Online and mobile resources mean the websites and other internet features we own that allow you to interact with our websites, as well apps we’ve created and distributed to let our customers and followers view our online and mobile resources or otherwise interact with the content we provide.
WHO WE COLLECT PERSONAL INFORMATION FROM
We may collect personal information from the following groups of data subjects: visitors to, and users of, our online and mobile resources; our customers; current members of our workforce and those who apply for posted jobs; and third-party vendors and business partners. Personal information generally means information that can be used to identify you or that can be easily linked to you (for example, your name, address, telephone number, email address, social security number and date of birth). The privacy laws in some jurisdictions include unique elements in what they consider to be the personal information of the consumers or data subjects they protect. If those laws apply to us, as in the case of the California Consumer Privacy Act (“CCPA”) or European General Data Protection Regulation (“GDPR”), our use of the phrase “personal information” includes the unique elements required by such laws. The categories of information we collect from each of these groups, and the ways in which we use it, differs. As you may have noticed, it’s possible that the same person could fall into more than one group. Most of this statement addresses our processing and sharing of personal information collected from visitors to and users of our online and mobile resources and our customers. Nonetheless, we collect and retain the types of professional or employment related personal information you would expect an employer to have about its existing and former workforce and new job applicants. We provide legally required notices of collection and describe our use and sharing of the personal information of our workforce and applicants in greater detail in confidential internal human resource manuals and documents accessible to members of our workforce, or by publication on the proprietary workforce/applicant portals and apps we operate. In some cases, such portals and apps may be operated by third parties who transfer the personal information to us. In those situations, the legal responsibility to provide notice usually rests with the third party, not us. In addition, like all corporate enterprises, we buy goods and services, lease equipment and office space and attend industry events. In doing so, we interact with many existing and potential vendors and business partners from whom we necessarily collect certain personal information in connection with our contractual and business relationships. As with our customers, this information is typically limited to minimum business contact information. We use and share personal information collected from our vendors and business partners to manage, administer and perform under our contracts with them, or share information about our products. We describe our use of vendor and business partner personal information in greater detail in our confidential contracts with those parties or on the internal vendor management portals we operate.
WHAT WE COLLECT
There are two types of information that we obtain from you online and then store and use:
(i) nonpersonal information that’s collected automatically from each visitor, such as your device operating system;
(ii) personal information that you voluntarily provide to us or that is collected automatically.
By using our online and mobile resources or purchasing our products or services, you are signifying to us that you agree with this section of our privacy statement and that we may use and disclose your information as described. Voluntarily Submitted Information. If you participate in certain activities via our online and mobile resources, you may be asked to provide us with information about yourself. The types of personal information we collect in those situations includes identifiers (such as your name, email address, physical address, and phone number), professional information (such as the business you are in), and financial account information (such as your credit card information). We do not sell, rent, or trade voluntarily submitted personal information with third parties. If you don’t want us to collect this type of personal information, please don’t provide it.
This means you shouldn’t participate in the activities on our online and mobile resources that request or require it and you may want to communicate with us by phone or regular mail instead. Participation is strictly your choice. Not participating may limit your ability to take full advantage of the online and mobile resources, but it will not affect your ability to access certain information available to the general public on the online and mobile resources. Some of the ways you voluntarily give us your personal information and how we use it: Emails and Online Forms – When you send us an email or fill out an online form, such as to contact us, your email address and any other personal information (e.g., home address or phone number) that may be in the content of your message or attached to it, are retained by us and used to respond back directly to you and to process your request. Depending on the personal information provided, communications from us may be in the form of emails, telephone calls, and/or text messages.
For more information on how Google uses this data, go to www.google.com/policies/privacy/partners/.
You can learn more about how to opt out of Google Analytics by going to https://tools.google.com/dlpage/gaoptout.
The internet activity information collected through cookies and other similar means includes such things as: the domain name and IP address from which you accessed our online and mobile resources; the type of browser and operating system you use; the date and time and length of your visit; the specific page visited, graphics viewed and any documents downloaded; the specific links to other sites you accessed from our online and mobile resources; and the specific links from other sites you used to access our online and mobile resources.
Additionally, if you access our online and mobile resources from a phone or other mobile device, the mobile services provider may transmit to us uniquely identifiable mobile device information which allows us to then collect mobile phone numbers and associate them with the mobile device identification information. Some mobile phone vendors also operate systems that pinpoint the physical location of devices and we may receive this information as well if location services are enabled on your device. If you do not want us to collect and use geolocation data, disable location services through your device settings.
Regardless, we use both automatically collected information and mobile device information to compile generic reports about popular pages on our online and mobile resources, and to see how our customers and followers are accessing our online and mobile resources. We then use that data to administer the online and mobile resources and make them better, make your activities more convenient and efficient and to enhance the functionality of our online and mobile resources, such as by remembering certain of your information in order to save you time. We use and retain your personal information in accordance with applicable law and as long as necessary to carry out the purposes described above in accordance with our internal data retention procedures.
WHEN/WITH WHOM DO WE SHARE PERSONAL INFORMATION
We use non-personal information to administer our online and mobile resources, make them better, and to make business decisions about what programs our customers might like. We use voluntarily provided personal information to respond to your inquiries and provide you with the services you have requested, amongst other uses as further described below. We do not sell or rent your personal information to third party data vendors or marketing companies. As you might expect, we disclose your information when required by law. Affiliates. In addition to those third parties set forth above, we may share your information, including personal information, within our family of companies including but not limited to Mastermind. Those companies will use such information in generally the same manner as we do under this privacy statement which includes sending you information about their products, services, or initiatives that may be of interest to you.
Legally Compelled Disclosures.
We may disclose your information, including personal information, to government authorities, and to other third parties when compelled to do so by such government authorities, or at our discretion or otherwise as required or permitted by law, including but not limited to responding to court orders and subpoenas. To Prevent Harm. We may disclose your information, including personal information, when we have reason to believe that someone is causing injury to or interference with our rights or property, other users of the online and mobile resources, or anyone else that could be harmed by such activities. Business Transfer. If we or any of our affiliates, or substantially all of its or their assets, are acquired by one or more third parties as a result of an acquisition, merger, sale, reorganization, consolidation, or liquidation, personal information may be one of the transferred assets. Vendors and Business Partners. We may share your information, including personal information, with our vendors and other third parties with whom we have a contractual relationship. We may also share your information, including personal information, with vendors who provide third-party software services that you have chosen to assist you with your sales funnels. We do our best to disclose only the information each of those parties needs. We have adopted standards for those vendors and business partners who receive personal information from us. We attempt to bind such vendors and business partners to those standards via written contracts. We further attempt to contractually restrict what our vendors and business partners can do with the personal information we provide to them such that it is used only to the extent necessary to carry out the business purpose for which it was provided; is not disclosed to anyone else without our consent or under our instruction; remains, as between us and the applicable vendor or business partner, our property; and is not transferred out of the United States without our consent. Please note, however, that we cannot guarantee that all of our vendors and business partners will agree to these contractual requirements; nor can we ensure that, even when they do agree, they will always fully comply.
YOUR RIGHTS AND OPTIONS
You do not have to provide personal information to enjoy most of the features of our online and mobile resources. Moreover, you can opt out of certain activities like newsletters and announcements. Residents of California and data subjects whose personal information was obtained while they were in the GDPR Jurisdictions have certain additional rights. GDPR Jurisdictions means the countries composed of the European Economic Area (including Iceland, Lichtenstein, and Norway) and the following countries: Austria, Belgium, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, the Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, and Sweden. Furthermore, Andorra, Argentina, Canada (only commercial organizations), Faroe Islands, Guernsey, Israel, Isle of Man, Jersey, New Zealand, Switzerland, Uruguay and Japan have received an “adequacy decision” from the European Commission, adheres to the material terms of the GDPR. Switzerland also has its own data protection via its Federal Act of Data Protection (“DPA”). GDPR longer has jurisdiction over The United Kingdom. Since the United Kingdom (“UK”) has now formally left the European Union, it is no longer regulated domestically by the material terms of the GDPR. The United Kingdom General Data Protection Regulation (“UK-GDPR”) is the UK's data privacy law that governs the processing of personal data domestically.
If we are using personal information you provided to us in order to enable us to send you materials, such as newsletters or product alerts via text or email, and you decide you don’t want to receive such materials, you may opt out by following the opt-out instructions in the email or other communication (e.g., by responding to the text with “STOP”), or by contacting us using the contact information below. When we receive your request, we will take reasonable steps to remove your name from our distribution lists. You need to understand it may take a period to remove your name from our lists after your request and due to such latency, you may still receive materials for a period of time after you opt out. In addition to opting out, you have the ability to access, amend, and delete your personal information by contacting us using the contact information below. Some browsers have a “do not track” feature that lets you tell websites that you do not want to have your online activities tracked. At this time, we do not specifically respond to browser “do not track” signals.
Federal law imposes special restrictions and obligations on commercial website operators who direct their operations toward, and collect and use information from, children under the age of 13. We take those age-related requirements very seriously, and consistent with it do not intend for our online and mobile resources to be used by children under the age of 13 without first obtaining the verifiable consent of such child’s parent or legal guardian. Moreover, we do not knowingly collect personal information from minors under the age of 13, only a parent or legal guardian may provide such information after adhering to our verification process for submitting such information via the online and mobile resources. If we become aware that anyone under the age of 18 has submitted personal information to our online and mobile resources, we will delete that information and will not use it for any purpose whatsoever.
If you believe that someone under the age of 18 has submitted personal information to our online and mobile resources, please contact us at [email protected].
We encourage parents and legal guardians to talk with their children about the potential risks of providing personal information over the Internet.
HOW WE PROTECT COLLECTED PERSONAL INFORMATION
We will take all reasonable security precautions to protect your personal information provided to our online and mobile resources. We have adopted a security program that includes technical, organizational, administrative, and other security measures designed to protect, in a manner consistent with accepted industry standards and applicable law, against anticipated or actual threats to the security of personal information (the “Security Program”). We cannot, however, guarantee that your information, whether during transmission or while stored on our systems or otherwise in our care, will be free from unauthorized access or that loss, misuse, destruction, or alteration will not occur. Except for our duty to maintain the Security Program under applicable law, we disclaim any other liability for any such theft or loss of, unauthorized access or damage to, or interception of any data or communications including personal information. We have every reason to believe our Security Program is reasonable and appropriate for our business and the nature of foreseeable risks to the personal information we collect. We further periodically review and update our Security Program, including as required by applicable law. Nonetheless, as part of our Security Program, we have specific incident response and management procedures that are activated whenever we become aware that your personal information was likely to have been compromised. We further require, as part of our vendor and business partner oversight procedures, that such parties notify us immediately if they have any reason to believe that an incident adversely affecting personal information, we provided to them has occurred.
THE CALIFORNIA CONSUMER PRIVACY ACT
When we collect personal information from California residents, we become subject to, and those residents have rights under, the California Consumer Privacy Act or “CCPA”. This section of our statement is used to allow us to fulfill our CCPA obligations and explain your CCPA rights. For purposes of this section, the words “you” and “your” mean only such California residents. What did we collect from California Residents? We collect the following categories of personal information: identifiers such as name, address, IP address, and other similar identifiers; personal information described in subdivision (e) of Section 1798.80 (California customer records statute) such as a name, address, telephone number, credit card number; commercial information such as products or services purchased; internet/electronic activity such as browsing history and search history; geolocation data including geographic coordinates/physical location; and audio, video, electronic or other similar information. We may disclose this information for one or more business purposes permitted by the CCPA. We do not sell, and within the last 12 months have not sold, personal information to third parties.
Rights of California Residents
You have the following rights under the CCPA, in summary disclosure, access and delete. More information can be found here. It’s important to us that you know that if you exercise these rights, we will not “discriminate” against you by treating you differently from other California residents who use our sites and mobile resources or purchase our services but did not exercise their rights. You can exercise these rights up to two different times every 12 months. To do so, just contact us [email protected] We may ask you to fill out a request form. The CCPA only allows us to act on your request if we can verify your identity or your authority to make the request so you will also need to follow our instructions for identity verification. If you make a verifiable request per the above, we will confirm our receipt and respond in the timeframes prescribed by the CCPA.
THE EU GENERAL DATA PROTECTION REGULATION
We do collect or otherwise obtain personal information from data subjects located in the GDPR Jurisdictions. We fulfill our GDPR obligations with respect to our workforce/job applicants, our customers (and their own end-clients), and our vendors and business partners through a series of separate notices, contracts or other terms provided to them at the time, and in the manner and form, GDPR and local law within each GDPR Jurisdiction requires. We describe, in the immediately following section of this statement, how we comply with the GDPR for personal information collected from visitors to and users of our online and mobile resources while they were in a GDPR Jurisdiction. Thus, for purposes of that section, the words “you” and “your” mean only such GDPR Jurisdiction-based visitors and users. What do we collect from you in the GDPR Jurisdictions and how do we use it? We collect from you the categories of personal information already described. The lawful basis on which we rely for such collection, later use and disclosure, is what the GDPR refers to as legitimate interest. As stated elsewhere in this statement, we do not sell any of your personal information to third parties nor do we use it for automated decision making. Cross-border Data Transfers and Third-Party Processors If we transfer personal information from the GDPR Jurisdictions to a location that has not been deemed by the European Commission to have adequate privacy protections, we do so in the manner the GDPR permits. Rights of Data Subjects in the GDPR Jurisdictions. While we attempt to allow all visitors and users of our online and mobile resources to exercise a degree of control over their personal information, under the GDPR we have a legal obligation to do so for you. More specifically, with respect to personal information collected from you while you were in a GDPR Jurisdiction, you have these rights: transparency, access, correction and deletion, portability, who, what, why and where, and restriction/objection.
If you would like to exercise any of these rights, please contact [email protected] Your ability to exercise these rights is subject to certain conditions and exemptions that you can read about in Articles 12 through 23 of the GDPR. Among those conditions is our right to decline part or all of a request if we cannot satisfy our reasonable doubts and concerns about your identity in a manner that helps us minimize the risk that unauthorized persons might use a GDPR right to access your personal information. We will respond to all requests without undue delay, and in accordance with the time frames, if any, prescribed by the GDPR. If you are not satisfied with how we use your personal information or respond to your requests, you have the right to complain to your data protection regulator. Contact information for the EU data protection regulators can be found here. RIGHTS OF DATA SUBJECTS IN OTHER JURISDICTIONS In other jurisdictions, with similar data privacy regulations, we may collect from you the categories of personal information already described. We collect and manage (including disclose) such data in compliance with applicable local law(s). As noted, we do not sell any of your personal information to third parties nor do we use it for automated decision making.
CHANGES TO THIS PRIVACY STATEMENT
This privacy statement was drafted on January 19, 2023, and is effective as of this date. The English language version of this privacy statement is the controlling version regardless of any translation you may attempt. We reserve the right to change or update this statement from time to time. Please check our online and mobile resources periodically for such changes since all information collected is subject to the statement in place at that time.
If you have questions about our privacy statement or privacy practices, please contact us at:
Attention Legal Department
Baz Porter LLC™
PO Box 574
Copyright 2023, Baz Porter LLC™. - All Rights Reserved
Terms of Service
Last Updated on January 19, 2023
PURPOSE OF THIS AGREEMENT
Welcome to Baz Porter LLC™. We look forward to helping You grow Your on-line sales beyond anything You have done before, so You can takeYour business as far as You can imagine. This Agreement sets forth Your rights and obligations
as a Baz Porter LLC™ User. By clicking “I Agree,” You indicate that You have read and understood this Agreement and You will be bound by its Terms.
IMPORTANT – PLEASE CAREFULLY READ AND UNDERSTAND THESE TERMS AND CONDITIONS OF USE & SALE BEFORE ACCESSING, USING, OR
SUBSCRIBING OR PLACING AN ORDER OVER WWW.BAZPORTER.COM. THESE TERMS CONTAIN DISCLAIMERS OF WARRANTIES AND LIMITATIONS OF LIABILITIES (see Sections 11, 17, and 18). THESE TERMS FORM AN ESSENTIAL BASIS OF OUR AGREEMENT. PLEASE PRINT AND RETAIN A COPY OF THIS AGREEMENT FOR YOUR RECORDS.
The use of www.bazporter.com (hereafter “Website”), which is owned and maintained by bazporter.com/Baz Porter LLC™ (“Baz Porter LLC™” “we,” “our,” “us”), is governed by the terms and conditions set forth below. We offer the Website, including all information, tools, and services available from the Website to you, the user, conditioned upon your acceptance of all terms and conditions stated here. By accessing, using, subscribing, or placing an order over the Website, you and your business agree to the terms set forth herein. If you do not agree to these terms and conditions in their entirety, you are not authorized to use the Website in any manner or form whatsoever.
THIS IS A BINDING AGREEMENT. THESE TERMS AND CONDITIONS OF USE & SALE (“TERMS”) TOGETHER WITH OUR PRIVACY STATEMENT FORM A LEGALLY BINDING AGREEMENT (“AGREEMENT”) BETWEEN YOU AND YOUR BUSINESS (“YOU”) AND MASTERMIND. THIS AGREEMENT GOVERNS YOUR ACCESS TO AND USE OF THE WEBSITE AND THE SERVICES PROVIDED BY Baz Porter LLC™, ANY ORDER YOU PLACE THROUGH THE WEBSITE, BY TELEPHONE, OR OTHER ACCEPTED METHOD OF PURCHASE AND, AS APPLICABLE, YOUR USE OR ATTEMPTED USE OF THE PRODUCTS OR SERVICES OFFERED ON OR AVAILABLE THROUGH THE WEBSITE. THIS AGREEMENT CONTAINS ARBITRATION AND CLASS ACTION WAIVER PROVISIONS THAT WAIVE YOUR RIGHT TO A COURT HEARING, RIGHT TO A JURY TRIAL, AND RIGHT TO PARTICIPATE IN A CLASS ACTION. ARBITRATION IS MANDATORY AND IS THE EXCLUSIVE REMEDY FOR ANY AND ALL DISPUTES UNLESS SPECIFIED BELOW IN SECTION 18.
Baz Porter LLC™ reserves the right to update and change, from time to time, these Terms and all documents incorporated by reference by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. You can find the most recent version of these Terms at Terms of Service. Use of the Website after such changes constitutes acceptance of such changes. Any new features or tools which are added to the current website shall also be subject to the Terms.
Table of Contents
- Website Use
- Website User Conduct and Restrictions-License Terms
- Our Privacy Statement and Your Personal Information
- Information You Provide; Registration; Passwords; Prohibition Against Hosting ThirdParty Agency Accounts
- Order Placement and Acceptance
- Trial Offer, Automatic Enrollment and Payment, and Cancellation
- Subscription Terms and Automatic Payment
- Shipping Fees
- Products, Services, and Prices Available on the Website
- DISCLAIMER - YOUR BUSINESS’ INDIVIDUAL RESULTS WILL VARY
- Your Responsibilities in Running Your Business
- Testimonials, Reviews, and Pictures/Videos
- COMPLIANCE WITH THE LAW, INCLUDING COMMITMENT AGAINST
HARASSMENT AND INTERFERENCE WITH OTHERS
- DISCLAIMERS OF OTHER WARRANTIES
- LIMITATIONS OF LIABILITIES
- DISPUTE RESOLUTION BY MANDATORY BINDING ARBITRATION AND
CLASS ACTION WAIVER
- Mastermind’ Additional Remedies
- Notice and Takedown Procedures; Copyright Agent
- Third-Party Links
- No Waiver
- Governing Law and Venue
- Force Majeure
- Electronic Signature
- Changes to the Agreement
- Your Additional Representations and Warranties
- Entire Agreement
- Contacting Us
SECTION 1 – WEBSITE USE
The Website is intended for businesses operated by adults. If you use the Website, you are affirming that you are at least 18 years old or the legal age of majority in your state or province of residence (whichever is greater), operate a business, have the legal capacity to enter into a binding contract with us, and have read this Agreement and understand and agree to its terms.
SECTION 2 – WEBSITE USER CONDUCT AND RESTRICTIONS-LICENSE TERMS
All aspects of our website are protected by U.S. and international copyright, trademark, and other intellectual property laws, including all content, information, design elements, text material, logos, taglines, metatags, hashtags, photographic images, testimonials, personal stories, icons, video and audio clips, and downloads. No material on the Website may be copied, reproduced, distributed, republished, uploaded, displayed, posted, or transmitted in any way whatsoever. The Baz Porter LLC trademark and logo are proprietary marks of Baz Porter LLC™, and the use of those marks is strictly prohibited. Nothing herein gives you the right to use, copy, register as a domain name, reproduce, or otherwise display any logo, tagline, trademark, trade name, copyrighted material, patent, trade dress, trade secret, or confidential information owned by Baz Porter LLC™. Subject to your continued strict compliance with all Terms, Baz Porter LLC™ provides you with a revocable, limited, non-exclusive, royalty-free, non-sublicensable, non-transferrable license to use the Website. You acknowledge and agree that you do not acquire any ownership rights in any material protected by intellectual property laws. If you purchase a subscription to Baz Porter LLC™ software over the Website, Baz Porter LLC™ provides you with a revocable, limited, non-exclusive, non-sublicensable, non-transferrable license to use the software. You acknowledge and agree that:
(1) The software is copyrighted material under United States and international copyright laws that is exclusively owned by Mastermind;
(2) You do not acquire any ownership rights in the software;
(3) You may not modify, publish, transmit, participate in the transfer or sale, or create derivative works from the content of the software;
(4) Except as otherwise expressly permitted under copyright law, you may not copy, redistribute, publish, display or commercially exploit any material from the software without the express written permission of Baz Porter LLC™,
(5) In the event of any permitted copying (e.g., from the Website to your computer system), no changes in or deletion of author attribution, trademark, legend or copyright notice shall be made. You agree not to use or attempt to use the Website, or any software provided by Baz Porter LLC™,
whether alone, or in conjunction with other software or hardware, in any unlawful manner or manner harmful to Baz Porter LLC™. You further agree not to commit any harmful or unlawful act or attempt to commit any harmful or unlawful act on or through the Website or through use of anysoftware or hardware including, but not limited to, refraining from:
- HARMFUL ACTS. Any dishonest or unethical business practice; any violation of the law;
infliction of harm to Mastermind’ reputation; hacking and other digital or physical attacks on the Website; and the violation of the rights of Mastermind or any third party; “SPAMMING” AND UNSOLICITED COMMUNICATIONS. We have zero tolerance for spam and unsolicited communications. Any communications sent or authorized by you reasonably deemed “spamming,” or any other unsolicited solicitations (including without limitation postings on social media or third-party blogs) will be deemed a material threat to Baz Porter LLC™’ reputation and to the rights of third parties. It is your obligation, exclusively, to ensure that all business communications comply with state and local anti-spamming or analogous laws.# OFFENSIVE COMMUNICATIONS. Any communication sent, posted, or authorized by you, including without limitation postings on any website operated by you, or social media or blog, which are: sexually explicit, obscene, vulgar, or pornographic; offensive, profane, hateful, threatening, harmful, defamatory, libelous, harassing, or discriminatory; graphically violent; or solicitous of unlawful behavior.
- SENSITIVE INFORMATION. You will not import, or incorporate into, any contact lists or other content you upload to any website, software, or other electronic service hosted, provided by or connected to Mastermind, any of the following information: social security numbers, national insurance numbers, credit card data, passwords, security credentials, bank account numbers, or sensitive personal, health or financial information of any kind.
- ILLEGAL BUSINESS ACTIVITY. Any promotion of illegal business activity, promoting the sale or use of illegal drugs (including but not limited to Marijuana-derived CBD Oil); or infringing or promoting the infringement of the intellectual property rights of another. In addition to the foregoing, Mastermind requires you to follow these best practices when sending electronic communications:
- Use only permission-based marketing electronic communications lists (i.e., lists in which each recipient affirmatively opted-in to receiving those electronic communications).
- Always include a working “unsubscribe” mechanism in each marketing electronic communication that allows the recipient to opt out from your mailing list
(receipt/transactional messages that are exempt from “unsubscribe” requirements of applicable law are exempt from this requirement).
- Comply with all requests from recipients to be removed from your mailing list within the earlier of ten (10) days of receipt of the request, or the deadline under applicable law.
- Include in each electronic communication your valid physical mailing address or a link to that information.
- Do not send electronic communications to addresses obtained from purchased or rented lists.
- Do not use third party electronic addresses, domain names, or mail servers without proper permission from the third party.
- Do not routinely send electronic communications to non-specific addresses (e.g., [email protected] or [email protected]).
- Do not engage in spamming.
- Do not disguise the origin, or subject matter of, any electronic communications or falsify or manipulate the originating message address, subject line, header, or transmission path information for any electronic communication.
- Do not send offers to obtain or attempt to obtain personal information, or generate leads, for third parties.
- Do not send “chain letters,” “pyramid schemes,” or other types of electronic messages that encourage the recipient to forward the content to strangers.
- Do not send to lists of addresses that are programmatically generated or scraped from the Internet.
- Do not employ sending practices, or have overall message delivery rates, which may cause harm to our services or other users of our services.
- Do not send messages that may be considered junk mail. Some examples of these types of messages include, but are not limited to, messaging related to penny stocks, gambling, multi-level marketing (except in compliance with the FTC’s Business Guidance Concerning Multi-Level Marketing, see www.ftc.gov/tips-advice/business-center/guidance/business-guidanceconcerning-multi-level-marketing), direct to consumer pharmaceutical sales, and payday loans. You further agree to conduct yourself and all of your businesses in full compliance with all applicable laws, whether through the use of Baz Porter LLC™ or otherwise.
We respect your privacy and the use and protection of your non-public, personal information. Your submission of personal information through the Website is governed by our Privacy Statement. Baz Porter LLC™ reserves the right to modify its Privacy Statement in its reasonablediscretion from time-to-time. Our Privacy Statement is incorporated into this Agreement by reference.
SECTION 4 – INFORMATION YOU PROVIDE; REGISTRATION; PASSWORDS; PROHIBITION AGAINST HOSTING THIRD-PARTY AGENCY ACCOUNTS
As a Baz Porter LLC™ user, you will be required to create an account with Mastermind. You warrant that the information you provide us is truthful and accurate, and that you are not impersonating another person. You are responsible for maintaining the confidentiality of any password you may use to access your Baz Porter LLC™ user account, and you agree not to transfer your password or user name, or lend or otherwise transfer your use of or access to your user account, to any third party. So called “agency accounts,” or accounts in which you host funnels for third parties, are prohibited. Should your usage data indicate, in Mastermind’ sole and exclusive discretion, that you are operating an agency account, you will be subject to cancellation of your Baz Porter LLC™ user account or enhanced pricing for your Baz Porter LLC™ user account, at Baz Porter LLC™’ sole and exclusive discretion. You are fully responsible for all transactions with, and information conveyed to, Baz Porter LLC™ under your user account. You agree to immediately notify Baz Porter LLC™ of any unauthorized use of your password or user-name or any other breach of security related to your user account. You agree that Baz Porter LLC™ is not liable, and you will hold Baz Porter LLC™ harmless, for any loss or damage arising from your failure to comply with any of the foregoing obligations.
Please see Section 21 below for additional information.
SECTION 5 – ORDER PLACEMENT AND ACCEPTANCE
If you order a service or product, payment must be received by us before your order is accepted. We may require additional information regarding your order if any required information was missing or inaccurate and may cancel or limit an order any time after it has been placed. Your electronic order confirmation, or any form of confirmation, does not signify our acceptance of your order. You must contact us immediately at [email protected] in order to modify or cancel your pending order. We cannot guarantee that we will be able to amend your order in accordance with your instructions. All items are subject to availability. We will notify you if any item is not available, the expected availability date, and may offer you an alternative product or service. If the availability of any product or service is delayed and you do not wish to substitute the product or service, upon your request, we will cancel your order and if previously charged, your payment card will be fully refunded for that specific order. We reserve the right to limit the sales of our products and services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis at our sole and exclusive discretion. Your purchase order of products and other services is conditioned on you re-affirming your acceptance of this Agreement. All advertised prices are in, and all payments shall be in, U.S. Dollars.
SECTION 6 – REFUNDS FOR HARD GOODS
If you have purchased a “hard good” (for example, a book or other tangible product) from Baz Porter LLC™ or any related brands, you may receive a limited refund if you comply with the
- You must request a refund in writing by contacting [email protected];
- Your request for a refund must be made within thirty (30) days of your purchase;
- You must return the hard goods to Baz Porter LLC™ immediately, according to the shipping and other instructions you will receive by email after requesting a refund;
- The hard goods must be returned to Baz Porter LLC™ in like-new, or re-sellable condition, as determined in Baz Porter LLC™’ sole, reasonable discretion.
SECTION 7 - AUTOMATIC ENROLLMENT AND PAYMENT, AND CANCELLATION
If you do not want to continue your subscription after your free trial comes to an end, you must contact us at least 24 hours before your free trial period ends by submitting a cancellation request to us via our support email address [email protected] If you do not contact us at least 24 hours before your free trial period ends to cancel, your subscription will automatically continue and the payment card that you provided at the time of enrolment online will be charged the full Baz Porter LLC™ monthly membership subscription rate provided at the time of enrollment each month until you cancel. Baz Porter LLC™ can change the monthly membership subscription rate at any time. If the membership subscription rate changes after you subscribe, we will notify you by e-mail and give you an opportunity to cancel. If you wish to cancel your Baz Porter LLC™ subscription (including subscriptions for services) at any time after a free trial or discounted period ends, you must submit a cancellation request to us via our support email address [email protected] or through your Account Dashboard, as detailed here. For monthly subscriptions (including subscriptions for services), we require at least ten (10) days’ notice of cancellation by email. If you provide such notice less than ten (10) days before the first day of your next subscription month, your credit card may still be charged. You will not be entitled to prorate your last month’s use, nor will you be entitled to any refund for any payments to Baz Porter LLC™; Baz Porter LLC™ in its sole discretion may charge a cancellation fee equal to the amount the subscription was discounted.
SECTION 8 – SUBSCRIPTION TERMS AND AUTOMATIC PAYMENT
A Baz Porter LLC™ user is responsible for paying all sums due to Mastermind in connection with their monthly subscription in accordance with these Terms. The first fee payable in accordance with these Terms is due when the user account is set up and payment of the monthly fee is a condition of access, or after your free trial ends and you have not canceled the automatic subscription with
- Every calendar month, your account will be charged the subscription fee plus applicable tax for the following month’s subscription, together with any other fees for the following month’s subscription plus any accumulated charges for the past period (collectively, “Fees”). Failure by the Baz Porter LLC™ user to use any of the services available through the service provided by Baz Porter LLC™ does not relieve the Baz Porter LLC™ user of their payment obligations under these Terms. Potential users can pay by credit card or debit card. Payment details shall be collected by us through our secure financial data collection mechanism. You acknowledge and agree that we hold data relating to the transaction, including the last four digits and the expiration date of the card used to purchase the products or services together with details on when payment is due. You further acknowledge and agree that payments are due on a recurring basis in accordance with the payment terms for the specific service purchased (unless the subscription is cancelled in accordance with these Terms) and therefore authorize the automatic payment collection terms applicable to that specific service (e.g., on a monthly basis and for a specific amount).
IF YOU ARE A BAZ PORTER USER WITH A MONTHLY SUBSCRIPTION AND YOU HAVE PROVIDED US WITH A VALID CREDIT OR DEBIT CARD NUMBER OR AN ALTERNATE PAYMENT METHOD, EACH PAYMENT WILL BE AUTOMATICALLY PROCESSED AT THE TIME OF YOUR DESIGNATED PAYMENT DATE (MONTHLY) AND WILL BE BILLED TO THE PAYMENT METHOD YOU PROVIDED TO US AT THE TIME OF YOUR ENROLLMENT. IF YOU WISH TO CANCEL YOUR SUBSCRIPTION TO BAZ PORTER LLC , YOU MAY DO SO THROUGH YOUR ACCOUNT DASHBOARD OR BY E-MAILING [email protected].COM AT LEAST TEN (10) DAYS BEFORE THE FIRST DAY OF YOUR NEXT SUBSCRIPTION MONTH.
Baz Porter LLC™ reserves the right to immediately terminate a user’s account and/or service for any unpaid (in whole or part) period of the subscription (with or without notice). Termination of service in no way relieves or excuses the user from any obligation to pay outstanding charges or expenses. In the event Baz Porter LLC™ starts collection processes of any type, you will be liable for all collection costs, including legal fees and expenses, as provided in Section 20 below. In addition to any Fees, Baz Porter LLC™ may also charge applicable value added or other tax.
SECTION 9 – SHIPPING FEES
Unless otherwise stated on the Website at the time of purchase, if we ship you a physical product, we reserve the right to add applicable shipping and handling fees to your order. Unless otherwise stated, we will use commercially reasonable efforts to fulfill your order within a reasonable time after receipt of your properly completed and verified order. Accurate shipping address and phone number information is required. Although we may provide delivery or shipment timeframes or dates, such dates are good-faith estimates and are subject to change. If your order will be delayed, we will contact you at the e-mail address you provided when placing your order. If we are unable to contact you or you would like to cancel your order, we will cancel the order and refund the full amount charged. We shall not be liable for any loss, damage, cost, or expense related to any delay in shipment or delivery caused by any third-party carrier or other delivery service not owned or controlled by us. The risk of loss and title for such items pass to you upon our delivery to any third-party carrier.
SECTION 10 – PRODUCTS, SERVICES, AND PRICES AVAILABLE ON THE WEBSITE
Products, services, and prices are generally posted, but are subject to change on Terms and Service. Baz Porter LLC™ reserves the right, without notice, to discontinue products or services or modify specifications and prices on products and services without incurring any obligation to you. Except as otherwise expressly provided for in these Terms, any price changes to your subscription or purchase of product(s) or services will take effect following email notice to you. Price changes are effective on the first day of the month after the price change is posted. By accessing, using, subscribing or placing an order over the Website, you authorize Baz Porter LLC™ to charge your account in the amount indicated for the value of the services you select, including any future price changes. If you request a downgrade in services, the downgrade (and corresponding price reduction) will become effective on the first day of the month following your requested downgrade. By your continued use of Baz Porter LLC™ services, and unless you terminate your subscription as provided herein, you agree that Baz Porter LLC™ may charge your credit card monthly for the products and services you have selected, and you consent to any price changes for such services after e-mail notice has been provided to you. Baz Porter LLC™ takes reasonable steps in an effort to ensure that the prices set forth on the Website are correct, and to accurately describe and display the items available on the Website. If the correct price of our product is higher than its stated price, we will, at our discretion, either contact you for instructions or cancel your order and notify you of such cancellation. When ordering products or services, please note that Baz Porter LLC™ does not warrant that product or service descriptions are accurate, complete, current, or error-free, or that packaging will match the actual product that you receive. All sales are deemed final except as provided in Section 6 of these Terms. Baz Porter LLC™’ descriptions of, or references to, products or services not owned by Baz Porter LLC™ are not intended to imply endorsement of that product or service or constitute a warranty by Baz Porter LLC™.
SECTION 11 – DISCLAIMER - YOUR BUSINESS’ INDIVIDUAL RESULTS WILL VARY
Every online business is different, employing different strategic approaches and organizational structures, and offering different products and services. Therefore, individual results will vary from user to user.
YOUR BUSINESS’ INDIVIDUAL RESULTS WILL VARY DEPENDING UPON A VARIETY OF FACTORS UNIQUE TO YOUR BUSINESS, INCLUDING BUT NOT LIMITED TO YOUR CONTENT, BUSINESS MODEL, AND PRODUCT AND SERVICE OFFERINGS.
Baz Porter LLC™ does not promise, guarantee, or warrant your business’ success, income, or sales. You understand and acknowledge that Baz Porter LLC™ will not at any time provide sales leads or referrals to you or your business. Those businesses who purchase our products or services will receive access to software and tools to create Internet sales funnels and otherwise assist with their respective online offerings. However, we do not guarantee your business’ success and based upon many market factors that we cannot control, the software and tools we provide may or may not be applicable to your specific business. Further, we do not make earnings claims, efforts claims, return on investment claims, or claims that our software, tools, or other offerings will make your business any specific amount of money, and it is possible that you will not earn your investment back. We do not sell a business opportunity, “get rich quick” program, guaranteed system, franchise system, or a business in a box. You should not purchase our products or services if that is your expectation. Instead, you should purchase with the understanding that using the information and software purchased will take time and effort and may be applicable in some situations but not others. Also, we do not offer any tax, accounting, financial, or legal advice. You should consult your business’ accountant, attorney, or financial advisor for advice on these topics.
SECTION 12 – YOUR RESPONSIBILITIES IN RUNNING YOUR BUSINESS
You represent and warrant that you operate a business in good standing, and you agree that there are no prior or pending government investigations or prosecutions against you or your business. You also agree that you and your business will only use Baz Porter LLC™ products and services for lawful purposes and that you shall not use such products or services, whether alone or in connection with other software, hardware, or services, for any unlawful or harmful purpose. You are solely and exclusively responsible for complying with any and all applicable laws and regulations in running your business, including, but not limited to, all laws governing advertising and marketing claims, subscriptions, refunds, premium offers, tax laws, and all additional laws applicable to your business. You agree to notify Baz Porter LLC™ if any investigation or lawsuit is threatened or filed against you, where upon Baz Porter LLC™ shall have the right to terminate this Agreement without liability. Baz Porter LLC™ shall have no liability for your violation of any laws. You are solely and exclusively responsible for collecting and reporting any and all sales and use tax, and any other taxes, which may apply to sales of products or services by your business including, but not limited to, taxes which may apply to voluntary donations provided by your customers (as described in Section 13 below). Baz Porter LLC™ shall not be responsible to collect or report any taxes which may apply to your business or sales of products or services by your business. You agree to indemnify Baz Porter LLC™ as set out in Section 21 below in the event that you and/or your business violates any law and a claim is threatened or asserted against Baz Porter LLC™ as a result.
SECTION 13 – COMMISSIONS PROGRAM AND INDEPENDENT Baz Porter LLC™AFFILIATE PROGRAM
Baz Porter LLC™ may offer you an opportunity to become an independent Baz Porter LLC™ Affiliate (“Affiliate”), wherein you have the opportunity to earn additional money for Mastermind accounts that you sell to other users. Baz Porter LLC™ reserves the sole and exclusive right to determine the amount of remuneration each Affiliate will receive in exchange for the Affiliate’s efforts. Affiliate commission is further discussed in the Baz Porter LLC™ Affiliate Agreement. For avoidance of doubt, Affiliates are independent contractors and are not employees or agents of Baz Porter LLC™. Affiliates have no authority to act on behalf of or bind Baz Porter LLC™. Affiliates shall be solely and exclusively responsible for all costs and other expenses incurred. Sections 18 and 20 below – in their entirety (as well as all other terms in this Agreement) – apply to Affiliates, and further govern the relationship between Baz Porter LLC™ and each Affiliate. Affiliates are responsible for following local, state, and federal laws, including but not limited to those laws outlined in Section 16 below and avoiding making misrepresentations or creating the wrong net impression of the products and services offered by Baz Porter LLC™. To find out more information about the Affiliate program and the additional terms that apply. For avoidance of doubt, all Sections of these Terms and Conditions apply to you in your role as Affiliate, unless expressly provided otherwise.
SECTION 15 – TESTIMONIALS, REVIEWS, AND PICTURES/VIDEOS
Baz Porter LLC™ is pleased to hear from users and customers and welcomes your comments regarding our services and products. Baz Porter LLC™may use testimonials and/or product reviews in whole or in part together with the name, city, and state of the person submitting it. Testimonials may be used for any form of activity relating to Baz Porter LLC™’ services or products, in printed and online
media, as Baz Porter LLC™ determines in its sole and exclusive discretion. Testimonials represent the
unique experience of the participants and customers submitting the testimonial, and do not
necessarily reflect the experience that you and your business may have using our services or
products. As set forth above in Section 11, your business’ results will vary depending upon a
variety of factors unique to your business and market forces beyond Mastermind’ control. Note
that testimonials, photographs, and other information that you provide to us will be treated as nonconfidential and nonproprietary, and, by providing them, you grant Baz Porter LLC™ a royalty-free, worldwide, perpetual, non-exclusive and irrevocable license to use them. Additionally, Baz Porter LLC™ reserves the right to correct grammatical and typing errors, to shorten testimonials prior to publication or use, and to review all testimonials prior to publication or use. Baz Porter LLC™ shall be under no obligation to use any, or any part of, any testimonial or product review submitted.
SECTION 16 – COMPLIANCE WITH THE LAWS, INCLUDING COMMITMENT
AGAINST HARASSMENT AND INTERFERENCE WITH OTHERS
As a Baz Porter LLC™ user and/or Affiliate, whether or not you display the Baz Porter LLC™’ Badge, you must comply with all laws, both U.S. and foreign, including, but not limited to, laws prohibiting deceptive and misleading advertising and marketing, e-mail marketing laws (including the federal CAN-SPAM Act (15 U.S.C. § 7701)), telemarketing laws (including the federal Telephone Consumer Protection Act (47 U.S.C. § 227) and the Federal Trade Commission’s Telemarketing Sales Rule (16 C.F.R. § 310)), laws governing testimonials (including the Federal Trade Commission’s Revised Endorsements and Testimonials Guides (16 CFR Part 255)), and/or any similar laws, laws relating to intellectual property, privacy, security, terrorism, corruption, child protection, or import/export laws. You are solely responsible for ensuring their compliance with all applicable laws, rules, regulations, and court orders of any kind of any jurisdiction applicable to you and your business, and any recipient to whom you send digital messages using our products or services. You have the responsibility to be aware of, understand, and comply with all applicable laws and ensure that you and all users of your account comply with such applicable laws at all times.
If you use any messaging software, or any other messaging system or other software or hardware provided by you or a third-party, you agree that you will follow all applicable laws with respect to sending messages, including without limitation the federal Telephone Consumer Protection Act. You further agree to indemnify and defend Mastermind from any claims, damages, losses, and lawsuits of any kind or nature that may be made or brought against Baz Porter LLC™ relating in any way to your violation of law or third-party rights by use or misuse of any messaging software or hardware, whether or not provided by Baz Porter LLC™. You further understand and agree that Baz Porter LLC™ has no control over, and therefore cannot be responsible for, the functionality or failures of any third-party software, including without limitation Facebook, Facebook Messenger, and internet browser notifications.
Baz Porter LLC™ DOES NOT WARRANT THAT ANY BAZ PORTER LLC MESSAGING SOFTWARE WILL BE COMPATIBLE WITH ANY THIRDPARTY SOFTWARE. YOU ARE SOLELY AND EXCLUSIVELY RESPONSIBLE FOR YOUR USE OF ANY AND ALL MESSAGING SOFTWARE AND/OR HARDWARE. COMMITMENT AGAINST HARASSMENT AND INTERFERENCE WITH OTHERS.
You must not use our services, whether alone, or in connection with other software or hardware, to:
(i) store, distribute, or transmit any malware or other material that you know, or have reasonable grounds to believe, is or may be tortious, libelous, offensive, infringing, harassing, harmful, disruptive, or abusive;
(ii) commit, promote, aid, or abet any behavior, which you know, or have reasonable grounds to believe, is or may be tortious, libelous, offensive, infringing, harassing, harmful, disruptive, or abusive. Non-limiting examples may include emails or other digital messages that promote.
SECTION 17 – DISCLAIMERS OF OTHER WARRANTIES
EXCEPT WHERE OTHERWISE INAPPLICABLE OR PROHIBITED BY LAW: THE WEBSITE AND ALL CONTENT ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE MAKE NO, AND EXPRESSLY DISCLAIM ANY AND ALL, REPRESENTATIONS AND WARRANTIES AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY, AND/OR COMPLETENESS OF ANY INFORMATION ON THIS WEBSITE. WE DO NOT REPRESENT OR WARRANT, AND EXPRESSLY DISCLAIM THAT: (A) THE USE OF THE WEBSITE OR ANY SOFTWARE WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE, OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA,
(B) THE WEBSITE, SOFTWARE, OR SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS,
(C) ANY STORED DATA WILL BE ACCURATE OR RELIABLE,
(D) THE QUALITY OF ANY PRODUCTS, SERVICES, SOFTWARE, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEBSITE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS,
(E) ERRORS OR DEFECTS IN THE WEBSITE WILL BE CORRECTED,
(F) THE WEBSITE OR THE SERVER(S) THAT MAKE THE WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT OF THIRD-PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
You agree to protect, defend, indemnify and hold harmless Baz Porter LLC™, its officers, directors, employees, owner(s), and parent company(ies) and assigns from and against all claims, demands, and causes of action of every kind and character without limit arising out of Your conduct. Your indemnity obligation includes, but is not limited to, any third-party claim against Baz Porter LLC™ for liability for payments for, damages caused by, or other liability relating to, You.
SECTION 18 – LIMITATIONS OF LIABILITIES
This provision survives termination of your account or relationship with Baz Porter LLC™, bankruptcy, assignment, or transfer. If the class action waiver is deemed unenforceable (i.e., unenforceability would allow arbitration to proceed as a class or representative action), then this entire arbitration provision shall be rendered null and void and shall not apply. If a portion of this arbitration provision (other than the class action waiver) is deemed unenforceable, the remaining portions of this arbitration provision shall remain in full force and effect.
YOU UNDERSTAND THAT YOU AND YOUR BUSINESS WOULD HAVE HAD A RIGHT TO LITIGATE THROUGH A COURT, TO HAVE A JUDGE OR JURY DECIDE YOUR CASE, AND TO BE PARTY TO A CLASS OR REPRESENTATIVE ACTION. HOWEVER, YOU UNDERSTAND AND AGREE TO HAVE ANY CLAIMS DECIDED INDIVIDUALLY AND ONLY THROUGH BINDING, FINAL, AND CONFIDENTIAL ARBITRATION IN ACCORDANCE WITH THIS ARBITRATION PROVISION.
SECTION 20 – BAZ PORTER LLC™’ ADDITIONAL REMEDIES
In order to prevent or limit irreparable injury to Baz Porter LLC™, in the event of any breach or threatened breach by you of the provisions of this Agreement or any infringement or threatened infringement by you of the intellectual property of Baz Porter LLC™ or a third-party, Baz Porter LLC™ shall be entitled to seek a temporary restraining order and preliminary and permanent injunctions or other equitable relief from a court of competent jurisdiction located in Denver Colorado restraining such breach, threatened breach, infringement, or threatened infringement. Nothing in this Agreement shall be construed as prohibiting Baz Porter LLC™ from pursuing in court any other remedies available to it for such breach, threatened breach, infringement, or threatened infringement, including the recovery of monetary damages from you and your business. You and your business hereby irrevocably consent to the exclusive personal jurisdiction of, and exclusive venue in, the courts of Denver Colorado for all such claims, and forever waive any challenge to said courts’ exclusive jurisdiction or venue.
SECTION 21 – INDEMNIFICATION
To the fullest extent permitted by law, you agree to defend, indemnify, and hold harmless Baz Porter LLC, its directors, officers, employees, shareholders, licensors, independent contractors, subcontractors, suppliers, affiliates, parent companies, subsidiaries, and agents from and against any and all claims, actions, loss, liabilities, damages, expenses, demands, and costs of any kind, including, but not limited to attorneys’ fees and costs of any litigation or other dispute resolution, arising out of, resulting from, or in any way connected with or related to
(1) your use, misuse, or attempt to use the Website, software, products, or services,
(2) information you submit or transmit through the Website,
(3) your breach of these Terms, the documents they incorporate by reference,
the Agreement, or the representations and warranties provided by you in this Agreement, or (4) your violation of any law or the rights of a third-party.
SECTION 22 – NOTICE AND TAKEDOWN PROCEDURES; DIGITAL MILLENNIUM COPYRIGHT ACT
If you believe that materials or content available on the Website infringes any copyright you own, you or your agent may send Baz Porter LLC a notice requesting that Baz Porter LLC remove the materials or content from the Website. If you believe that someone has wrongly filed a notice of copyright infringement against you, you may send Baz Porter LLC a counter-notice. Notices and counter-notices should be sent to:
Baz Porter LLC, Attention Legal Department, PO BOX Coffman street Longmont, CO 80502, or by e-mail to [email protected]
These Terms fully incorporate by reference the DMCA Policy.
SECTION 23 – THIRD-PARTY LINKS
SECTION 24 – TERMINATION
This Agreement will take effect (or shall re-take effect) at the time you click “ACTIVATE MY ACCOUNT NOW,” “PAY NOW,” “ORDER NOW”, “SUBMIT”, “BUY NOW”, “PURCHASE”, “I ACCEPT”, “I AGREE” or similar links or buttons, otherwise submit information through the Website, respond to a request for information, begin installing, accessing, or using the Website, complete a purchase, select a method of payment, and/or enter in payment method information, whichever is earliest. If, in our sole discretion, you fail, or we suspect that you have failed, to comply with any term or provision of the Agreement or violated any law, whether in connection with your use of Mastermind or otherwise, we may terminate the Agreement or suspend your access to the Website at any time without notice to you. Sections 11, 12, 13, 15 through 21, and 24 through 33 of this Agreement, as well as any representations, warranties, and other obligations made or undertaken by you, shall survive the termination of this Agreement and/or your account or relationship with Baz Porter LLC. Upon termination, you remain responsible for any outstanding payments to Baz Porter LLC.
SECTION 25 – NO WAIVER
No failure or delay on the part of Mastermind in exercising any right, power or remedy under this Agreement may operate as a waiver, nor may any single or partial exercise of any such right, power, or remedy preclude any other or further exercise of such right, power, or remedy, or the exercise of any other rights, power, or remedy under this Agreement. A waiver of any right or obligation under this Agreement shall only be effective if in writing and signed by Mastermind.
SECTION 26 – GOVERNING LAW AND VENUE
This Agreement and any issue or dispute arising out of or otherwise related to this Agreement or your access to or use of the Website, our Privacy Statement or any matter concerning Baz Porter LLC, including your purchase and use or attempted use of any service or product, shall be governed exclusively by the laws of State of Colorado without regard to its conflicts of laws principles. To the extent that any claim or dispute is found by the arbitrator or (if proper) a court of competent jurisdiction to be excluded from the arbitration agreement in Section 19 above, the parties agree any such claim or dispute shall be exclusively brought in and decided by the state or federal courts located in Denver Colorado , and you hereby irrevocably consent to the exclusive personal jurisdiction of, and exclusive venue in, such courts, and forever waive any challenge to said courts’ exclusive jurisdiction or venue. All such claims must be brought on an individual and non-class, non-representative basis, and you forever waive any right to bring such claims on a class wide or representative basis.
SECTION 27 – FORCE MAJEURE
Baz Porter LLC will not be responsible to you for any delay, damage, or failure caused or occasioned by any act of nature or other causes beyond our reasonable control.
SECTION 28 – ASSIGNMENT
Baz Porter LLC may assign its rights under this Agreement at any time, without notice to you. Your rights arising under this Agreement cannot be assigned without Baz Porter LLC’ (or its assigns’) express written consent.
SECTION 29 – ELECTRONIC SIGNATURE
All information communicated on the Website is considered electronic communication. When you communicate with Baz Porter LLC through or on the Website or via other forms of electronic media, such as e-mail, you are communicating with the company electronically. You agree that we may communicate electronically with you and that such communications, as well as notices, disclosures, agreements, and other communications that we provide to you electronically, are equivalent to communications in writing and shall have the same force and effect as if they were in writing and signed by the party sending the communication.
SECTION 30 – CHANGES TO THE AGREEMENT
SECTION 31 – YOUR ADDITIONAL REPRESENTATIONS AND WARRANTIES
You hereby further represent and warrant:
(1) that you are at least eighteen (18) years of age, or the legal age of majority in your jurisdiction, whichever is greater;
(2) that you own, operate, and/or have the right to bind the business for which you are using the Website;
(3) have read this Agreement and thoroughly understand and agree to the terms contained in this Agreement;
(4) that you will not resell, re-distribute, or export any product or service that you order from the Website.
You further represent that Baz Porter LLC has the right to rely upon all information provided to Baz Porter LLC by you, and Baz Porter LLC may contact you and your business by email, telephone, or postal mail for any purpose, including but not limited to (i) follow-up calls, (ii) satisfaction surveys, and (iii) inquiries about any orders you placed, or considered placing, on or through the Website. You further represent and warrant that there are no prior or pending government investigations or inquiries of, or prosecutions against you, or any business related to you, by the Federal Trade Commission, any other federal or state governmental agency, or any industry regulatory authority, anywhere in the world, nor any prior or pending private lawsuits against you. If at any time during the life of the Agreement you, or any business related to You, becomes the subject of a government investigation, inquiry, or prosecution by the Federal Trade Commission, any other federal or state governmental agency, or any industry regulatory authority anywhere in the world, or the subject of any lawsuit, you will notify Baz Porter LLC of the same within 24 hours. Baz Porter LLC, at its sole discretion, may terminate the Agreement based on any investigation, proceeding, or lawsuit identified pursuant to this paragraph or otherwise discovered by Mastermind without incurring any obligation or liability to you.
SECTION 32 – SEVERABILITY
If any provision of this Agreement is found by the arbitrator or (if proper) a court of competent jurisdiction to be invalid or unenforceable, the remaining provisions shall not be affected thereby and shall continue in full force and effect and such provision may be modified or severed from this Agreement to the extent necessary to make such provision enforceable and consistent with the remainder of the Agreement.
SECTION 33 – ENTIRE AGREEMENT
These Terms, the Agreement, and any policies or operating rules posted by us on the Website or in respect to the Website constitutes the entire agreement and understanding between you and your business and Baz Porter LLC and governs your access to and use of the Website and your ordering, purchasing, and use and/or attempted use of any service or product, and supersedes and replaces any prior or contemporaneous agreements, representations, communications, and proposals, whether oral or written, between you and Mastermind. We may also, in the future, offer new services and/or features through the Website. Such new features and/or services shall also be subject to these Terms, the Agreement, and any policies or operating rules posted by us on the Website. Any ambiguities in the interpretation of these Terms or the Agreement shall not be construed against the drafting party.
SECTION 34 – CONTACTING US
We encourage our customers to contact us with questions or comments about our products and services. Please feel free to do so by sending an e-mail to [email protected]
If you have any questions or inquiries concerning any of the Terms, you may contact Baz Porter LLC by email at [email protected] or by regular mail at: PO Box 547 Coffman Longmont, Colorado 80502.
For additional inquiries, please feel free to send an email to the relevant address listed below.
Compliance: [email protected]
Spam or Abuse: [email protected]
Affiliates: [email protected]
For General Support and Inquiries: [email protected]
Notices to you may be made by posting a notice (or a link to a notice) on Terms and Conditions by email, or by regular mail, at Baz Porter LLC’ discretion.
SECTION 34 – DATA PRIVACY SHIELD – GDPR
Copyright 2023 -Baz Porter LLC™- All Rights Reserved