Bonfire Terms of Service

Last modified: April 23, 2021

Thank you for choosing Bonfire, brought to you Bonfire Women, Inc. (“Bonfire,” “we,” “us,” or “our”). These Terms of Service (“Terms”) govern the use of the talent development program, the online digital classroom(s) and our proprietary blended learning platform, Bonfire Beyond, (each, a “Service) offered via our website at bonfirebeyond.com, as well as on any other website that we may operate (collectively and together with any subdomains and the content and services therein, the “Site”). The Site and any Service are individually and collectively referred to herein as the “Services”.

These Terms represent a binding contract between you and us, and by creating an account or otherwise using the Services, you expressly agree to be bound by them. These Terms affect your rights and designate the governing law and forum for the resolution of any and all disputes. If you do not agree to be bound by these Terms, you should not use Bonfire.

Bonfire provides a learning and development platform and digital classroom through which women will learn how to apply and amplify their voices and individual perspectives to matter more. In order to use the Services, we require you to register an account and provide certain information about yourself, including your email address and a password (“Account Information”).

You agree that we may send communications to your email address related to the cohort activities, for customer service, confirmations, newsletters, product offers and other similar matters.

Intellectual Property
Bonfire, along with the Services, is protected by U.S. and international intellectual property laws and you agree to abide by them. Without our prior written consent, you may not download, copy or store Bonfire content in any form outside of Bonfire. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works based on, distribute, or perform any Bonfire content, except with our express written consent. You agree that as between you and us, all data used in connection with providing Bonfire to you are “trade secrets” as defined, without limitation, by applicable law. You agree to comply with reasonable written requests from us to help us in protecting our proprietary and intellectual property rights in Bonfire. All intellectual property rights in Bonfire and the Services are, as between you and us, the sole and exclusive property of Bonfire.

Some Bonfire features may allow you to post or submit content and materials for publication on Bonfire (“Your Content”). You own any intellectual property rights to Your Content, but you agree that we can use, reproduce, modify, adapt and publish Your Content for purposes of enabling us to offer Bonfire or the features you have elected to use. You are responsible for Your Content, and acknowledge that once published, we cannot always remove it.

We appreciate when you provide us feedback through customer service or by email or social features, but we may use any feedback, comments, or suggestions without any obligations to you. For purposes of clarity, you hereby assign all intellectual property rights to us in any feedback, comments, or suggestions, you provide to us.

Your License to Use Bonfire
When you enroll in a Bonfire Service, we are providing you with access pursuant to a limited, non-exclusive, non-sublicenseable, non-transferable, revocable license. You can use Bonfire for personal, non-commercial use only, and subject to these Terms. This license is available to you as long as you are not barred from Bonfire by applicable law and your account is not terminated by us or by you. If the Terms are not enforceable where you are located, you may not use Bonfire. We reserve all right, title, and interest not expressly granted under this license to the fullest extent possible under applicable laws.

While we hope you enjoy your Bonfire experience, you may cancel at any time by contacting our customer support team.

Privacy
Bonfire values and respects your privacy and protecting your information is important to us. For details on our privacy practices, please see our Privacy Policy.

Restrictions and Prohibited Uses
Bonfire is used by many of people, and we are proud of the trust our users place in us. We expect, in turn, that our users do not misuse our platform or the Services. Except with our written permission, you may not:

Attempt to impersonate another person or use another person’s Bonfire account information without authorization;
Violate or attempt to violate Bonfire’s security features, including logging into a server that you are not authorized to access, or probing the vulnerability of Bonfire systems and networks;
Redistribute, decompile, reverse engineer, publish, or copy Bonfire;
Use Bonfire for the purpose of creating a product with a substantially similar look, feel, or design;
Interfere with others’ use and enjoyment of Bonfire;
Use Bonfire or any of our trademarks, game names, trade names, service marks, copyrights, or logos, in unsolicited mailings, spam material, contests or surveys, or to create the impression that such items are associated with you;
Violate any third party’s rights, including intellectual property or privacy rights;
Threaten, stalk, harm, or harass others; or
Engage in activity that is fraudulent, abusive, defamatory, illegal or otherwise inappropriate.

Engaging in prohibited uses is grounds for immediate termination of your Bonfire account and may also subject you to civil or criminal penalties.

DISCLAIMERS
YOU AGREE THAT USE OF BONFIRE IS AT YOUR OWN RISK AND THAT BONFIRE IS PROVIDED ON AN “AS IS”, “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, BONFIRE AND ITS AFFILIATES, OFFICERS AND/OR EMPLOYEES EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING BONFIRE AND THE SERVICES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. Some jurisdictions do not allow the disclaimers in this paragraph, so they may not apply to you.

WE STRIVE TO MAINTAIN BONFIRE ON A COMMERCIALLY REASONABLE BASIS BUT CANNOT GUARANTEE THAT YOU WILL HAVE ACCESS TO BONFIRE AT ALL TIMES.

LIMITATION OF LIABILITY
IN NO EVENT SHALL BONFIRE OR ITS AFFILIATES, OFFICERS AND/OR EMPLOYEES BE LIABLE WITH RESPECT TO BONFIRE OR THE SERVICES IT PROVIDES FOR: (I) IN THE AGGREGATE, ANY AMOUNT IN EXCESS OF THE FEES PAID FOR YOUR ENROLLMENT IN ANY BONFIRE SERVICES, IF ANY; (II) LOST PROFITS, LOST DATA, OR FAILURE TO MEET ANY PURPORTED DUTY ARISING OUT OF YOUR ACCESS TO OR USE OF BONFIRE; (III) ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, OR (IV) ANY EXPECTATION OF EMPLOYMENT OR PROFESSIONAL ADVANCEMENT(S) BY YOU BASED ON YOUR PARTICIPATION IN OR ACCESS TO BONFIRE.

YOU AGREE THAT THIS LIMITATION OF LIABILITY REPRESENTS A REASONABLE ALLOCATION OF RISK AND IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. YOU UNDERSTAND THAT BONFIRE WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. Some jurisdictions do not allow the limitations in this section, so they may not apply to you.

DMCA Contact
We comply with the provisions of the Digital Millennium Copyright Act applicable to service providers. If you have any complaints with respect to material posted on Bonfire, you may contact our designated agent by email to hello@bonfirebeyond.com, subject ‘DMCA NOTICE’ or at the following address:

Bonfire Women, Inc.
ATTN: DMCA Complaint
151 N. Franklin Street, Suite 565
Chicago, IL 60606

You must include the following information in your complaint:

a description of the copyrighted work or other intellectual property that you claim has been infringed;
a description of the material that you claim is infringing and where it is located on Bonfire;
your mailing address, telephone number, and if available, email address;
a statement by you that you have a good faith belief that the use of the material on Bonfire is not authorized by the copyright owner, its agent, or the law;
a statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright or intellectual property owner or authorized to act on behalf of the copyright or intellectual property owner; and
an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other right being infringed.

Indemnity
You will indemnify and hold us, our affiliates, officers and/or employees harmless, including by paying costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of your access to Bonfire or the Services, Your Content, or the violation of these Terms by you.

Agreement to Arbitrate and Waiver of Class Action Claims
PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

If a dispute arises, our goal is to provide you a neutral and cost-effective means to resolve it quickly. Most disputes can be resolved informally. Before filing a claim against us, you agree to try to resolve the dispute by contacting us in writing at Bonfire Women, Inc., 151 N. Franklin Street, Suite 565, Chicago, IL 60606, ATTN: DISPUTE NOTICE, or by email to hello@bonfirebeyond.com, subject ‘DISPUTE NOTICE.’ Before we file a claim against you, we agree to contact you at the email address associated with your Bonfire account. If the dispute is not resolved within 30 days of notice, either you or we may bring a formal proceeding pursuant to the following procedures:

A. GENERAL. YOU AGREE THAT YOU AND BONFIRE WILL RESOLVE THROUGH BINDING ARBITRATION ANY DISPUTE, CLAIM OR CONTROVERSY BETWEEN US ARISING OUT OF OR RELATING IN ANY WAY TO BONFIRE OR YOUR USE THEREOF, INCLUDING THESE TERMS (collectively, “ARBITRAL CLAIMS”), with a few exceptions set forth below. The arbitrator, and not any court, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of this Agreement to Arbitrate, including any claim that all or any part of this Agreement to Arbitrate is void or voidable, or whether a claim is subject to arbitration.

ARBITRATION IS DIFFERENT FROM COURT. THE RULES, INCLUDING DISCOVERY, ARE DIFFERENT AND NO JUDGE OR JURY IS PRESENT AT AN ARBITRATION. IN SOME INSTANCES, THE COSTS OF ARBITRATION COULD EXCEED THE COST OF LITIGATION, AND THE RIGHT TO DISCOVERY MAY BE MORE LIMITED. THE AWARD IS FINAL AND BINDING AND SUBJECT ONLY TO LIMITED REVIEW BY A COURT. YOU UNDERSTAND THAT, ABSENT THIS MANDATORY PROVISION, YOU MAY HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.

B. ARBITRATION SERVICES AND RULES. The American Arbitration Association (“AAA”) will administer the arbitration using the AAA procedures and rules in effect on the date the Arbitration is filed (“AAA Rules”). In the event the AAA Rules are inconsistent with this Agreement to Arbitrate, this Agreement will prevail. AAA is independent from us, and you may obtain copies of the current AAA Rules, and other related materials, including forms and instructions for initiating arbitration, by contacting AAA at 150 N Michigan Ave #3050, Chicago, IL 60601 or https://adr.org.

C. LOCATION OF ARBITRATION. If your claim is for $7,500 or less, you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules, and any in-person hearing will be held in Chicago, IL, or any other location you and we mutually agree to.

D. EXCEPTIONS TO ARBITRAL CLAIMS. Either you or we may bring claims to enforce intellectual property rights without first engaging in arbitration or the informal dispute resolution described in this section.

E. CLASS ACTION WAIVER. YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. YOU FURTHER AGREE WITH US THAT NEITHER YOU NOR WE WILL JOIN ANY ARBITRAL CLAIM WITH THE CLAIM OF ANY OTHER PERSON OR ENTITY IN A LAWSUIT, ARBITRATION OR OTHER PROCEEDING; THAT NO ARBITRAL CLAIM WILL BE RESOLVED ON A CLASS-WIDE BASIS; THAT NEITHER YOU NOR WE WILL ASSERT AN ARBITRAL CLAIM IN A REPRESENTATIVE CAPACITY ON BEHALF OF ANYONE ELSE; AND BOTH PARTIES EXPRESSLY WAIVE THEIR RIGHT TO FILE A CLASS ACTION OR SEEK RELIEF ON A CLASS BASIS. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable or that arbitration can proceed on a class basis, then this Agreement to Arbitrate shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.

F. NO RIGHT TO JURY TRIAL. YOU AND WE HEREBY WAIVE THE RIGHT TO A JURY TRIAL EVEN IF THIS AGREEMENT TO ARBITRATE IS HELD NOT TO APPLY. YOU EXPRESSLY WAIVE YOUR RIGHT TO A JURY TRIAL IN THE EVENT THAT EITHER PARTY SELECTS ARBITRATION TO RESOLVE THE DISPUTE UNDER THIS AGREEMENT.

G. 30 DAY OPT OUT RIGHT. You have the right to opt-out and not be bound by the arbitration and the class action waiver provisions set forth in this section by sending written notice of your decision to opt-out to the following address: Bonfire Women, Inc., ATTN: Arbitration Opt-out, 151 N. Franklin Street, Suite 565, Chicago, IL 60606, or by email to hello@bonfirebeyond.com, subject ‘ARBITRATION OPT-OUT.’ For new users, the notice must be sent within 30 days of registering with Bonfire, and for existing users, the notice must be sent within 30 days of the effective date of this policy. If you do not opt-out, you shall be bound to the terms in this section. If you choose to opt-out, we also will not be bound.

General
(a) Severability and Waiver. If any part of the Terms is held invalid or unenforceable, the remaining provisions of the Terms will remain in full effect and an enforceable term will be substituted reflecting yours and our intent as closely as possible. Either party’s failure to enforce any term or condition of these Terms is not a waiver of its right to do so later.

(b) Governing Law, Jurisdiction and Venue. Except to the extent preempted by the Federal Arbitration Act (“FAA”), these Terms are governed by Illinois law without regard to conflict of law provisions. Except as provided above, or to the extent preempted by the FAA, both parties further consent to the personal jurisdiction of and exclusive venue in the federal and state courts in Cook County, Illinois as the legal forum for any dispute between them.

(c) Change Policy. The Terms may be updated from time to time. If we make material changes, we will provide advance notice to you either by email, by posting a notification on the Bonfire website, or by posting updated Terms here at least 30 days in advance of the effective date of the updated Terms. Please note that unless otherwise provided by applicable law, your continued use of Bonfire following the effective date means that you agree with, and consent to be bound by, the updated Terms.

(d) Miscellaneous. These Terms are the complete and exclusive statement of the mutual understanding of the parties and supersede all previous written and oral agreements relating to the subject matter herein. If there is any conflict between these Terms and any additional terms, conditions, and rules posted by us on the Bonfire website, these Terms shall govern unless expressly indicated otherwise. Sections of the Terms which by their nature should survive any termination will indeed so survive.