Terms of Services

Last Revised: March 13, 2025

1. Introduction

Welcome to Boardroom! The following Terms of Service (“Terms”) govern your use of (a) the website located at boardroom.tv and all other websites, mobile applications, and online platforms operated by Boardroom 35 LLC (“Boardroom,” “we,” “our” or “us”) where these Terms are posted (collectively, the “Platforms”) and (b) any services, features, and functionalities on the Platforms (collectively, the “Features” and, together with the Platforms, the “Sites”). These Terms represent a legally binding agreement between you and Boardroom regarding your use of the Sites.

These Terms apply to all users of the Sites, including users who are browsers, customers, vendors, merchants, and/or contributors of content. If you are an individual using the Sites on behalf of, or for the benefit of, any corporation, partnership, or other entity with which you are associated (an “Organization”), then you are agreeing to these Terms on behalf of yourself and such Organization, and you represent and warrant that you have the legal authority to bind such Organization to these Terms. In that case, references to “you” and “your” in these Terms will refer to both you, the individual using the Sites, and to the Organization you represent, unless context requires otherwise.

Certain Platforms or Features may be subject to different or additional terms, policies, guidelines, and/or rules “Additional Terms”), and we may provide such Additional Terms to you via postings, pop-up notices, links, or other reasonable means. All Additional Terms are incorporated by reference into these Terms. As such, any reference to the “Terms” herein includes all Additional Terms. From time to time, the Additional Terms may conflict with the provisions herein. In the event of such a conflict, the Additional Terms will control.

BEFORE USING THE SITES, PLEASE READ THESE TERMS CAREFULLY. BY ACCESSING, BROWSING, CREATING AN ACCOUNT OR PURCHASING GOODS OR SERVICES ON, OR OTHERWISE USING THE SITES (OTHER THAN FOR THE PURPOSE OF REVIEWING THESE TERMS), YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD AND AGREE TO BE BOUND BY THESE TERMS. IF AT ANY TIME YOU DO NOT AGREE TO THESE TERMS, OR IF THESE TERMS ARE NOT ENFORCEABLE WHERE YOU ARE LOCATED, YOU MUST IMMEDIATELY TERMINATE YOUR USE OF THE SITES. WE WOULD NOT PROVIDE THE SITES WITHOUT THE CONDITIONS IN THESE TERMS. IF YOU USE THE SITES AFTER REVIEWING THESE TERMS BUT LATER SEEK TO REPUDIATE THEM OR ANY ASPECT THEREOF, YOU AGREE THAT SUCH ACTION WOULD CONSTITUTE A BREACH OF THESE TERMS, PROHIBITING YOU FROM ENFORCING ANY ASPECT OF THE TERMS AND ENTITLING US TO DAMAGES RESULTING FROM YOUR BREACH.

ARBITRATION NOTICE: PLEASE NOTE THE ARBITRATION REQUIREMENT AND CLASS ACTION WAIVER SET FORTH IN SECTION 21, WHICH, SUBJECT TO SOME LIMITED EXCEPTIONS, REQUIRES YOU AND BOARDROOM TO ARBITRATE ANY DISPUTES (DEFINED BELOW) ON AN INDIVIDUAL BASIS. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT NEITHER PARTY WILL HAVE THE RIGHT (A) FOR A JUDGE OR JURY TO DECIDE ITS CLAIMS OR (B) TO PROCEED IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE CAPACITY WITH RESPECT TO ANY DISPUTE.

2. Age Requirement

You must have reached the age of majority in your jurisdiction of residence (which is 18 in most states of the United States, but older in some) to create an Account (defined below) or place any Orders (defined below).

If you are 13 years of age or older but under the age of majority in your jurisdiction of residence, you are otherwise permitted use the Sites, but may do so only with the consent and involvement of a parent or legal guardian who has agreed to these Terms on your behalf of on behalf of him or herself. Boardroom does not seek to collect any information from or about persons under the age of 13. If you are under the age of 13, you are not permitted to use the Sites under any condition, and you are prohibited from providing us with any information.

3. Privacy Notice

Your privacy is important to Boardroom. Your submission of information through the Sites is governed by Boardroom’s Privacy Policy, which is incorporated into these Terms by reference. Please read our Privacy Policy carefully for information relating to Boardroom’s collection, use, and disclosure of your personal information.

By using the Sites after reviewing these Terms, you are representing to Boardroom that you understand and accept how we collect, use, and disclose information concerning your use of the Sites, as set forth in our Privacy Policy. You understand and agree that (a) Boardroom is justifiably relying on this representation in granting you access to the Sites and (b) if you later take legal action inconsistent with this representation, such action will constitute evidence that your representation was false. In that case, Boardroom may elect to terminate these Terms, without prejudice to our ability to seek damages resulting from your breach. If you do not agree to the practices described in our Privacy Policy, you may not use the Sites or provide us with any information.

4. Modification of the Terms

Boardroom reserves the right, at our discretion, to change, modify, add, and/or remove portions of these Terms at any time and for any reason. Any time that we modify these Terms, we will update the “Last Revised” date set forth above. Please check these Terms periodically for changes. For material changes, we will seek to supplement such notice by email, a pop-up message on the Sites, another prominent notice on the Sites, or by other reasonable means. Your continued use of the Sites following any modifications to these Terms constitutes your binding acceptance of the modified Terms.

5. Ownership of and Access to the Sites

The contents of the Sites, including all visual interfaces, interactive features, audio and video content, other digital content, information, text, graphics, computer code, products, software, services, information, Trademarks (defined below), and the design, selection, sequence, “look and feel,” and arrangement thereof (collectively, the “Boardroom Materials”) are owned by Boardroom or its licensors and may not be used in any manner without prior written consent. For avoidance of doubt, references to the “Sites” in these Terms include the Boardroom Materials.

Boardroom grants you access to the Sites pursuant to a limited, non-exclusive, non-sublicensable, non-transferable, revocable license (the “License”). The License is available to you unless and until you or we terminate these Terms, we otherwise suspend or terminate your access to the Sites, or you are barred from using the Sites by applicable law. Under the License, you are permitted to use the Sites for your personal, non-commercial use and only in the following limited ways: (a) you may access and browse the Sites, and use the Features made available to you for their intended purposes, using a device that you own or are authorized to use (an “Authorized Device”); (b) you may download the Boardroom Materials from the Sites and print out a hard copy, provided that you do not modify them in any way and do not remove or alter any copyright or other notice contained thereon; (c) you may install a copy of any applications that we make available from time to time (collectively, the “Apps”) on an Authorized Device; and (iv) your Authorized Device may temporarily store copies of the Boardroom Materials incidental to your use of the Sites. For avoidance of doubt, your use of the Sites pursuant to the License is subject to all other terms and conditions of these Terms. Boardroom reserves all right, title, and interest not expressly granted under the License to the fullest extent possible under applicable law.

Except as expressly provided for in the License, you agree not to copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, sell, license, distribute, or otherwise use or exploit the Sites absent the prior written permission of Boardroom or its applicable licensors. Any unauthorized use of the Boardroom Materials may violate copyright, trademark, and/or other applicable laws. You agree to comply with reasonable written requests from us to help us protect our proprietary and intellectual property rights.

The Boardroom Materials includes the trademarks, service marks, logos, slogans, trade names, and trade dress used on the Sites (the “Trademarks”). The absence of a trademark notice or symbol indicating the registration or ownership of a Trademark does not constitute a waiver of Boardroom’s or its licensors’ trademark rights. These Terms do not grant you any rights to use the Trademarks. Under no circumstances are you permitted to use the Trademarks in a manner that creates a likelihood of consumer confusion.

Finally, the Sites are intended for users genuinely interested in our goods and services. Under no circumstances may the Sites be used for the purpose of, or with the intention of, initiating litigation or arbitration, including using the Sites in order to trigger or induce an alleged violation of any law (“Litigation Purposes”). Use of the Sites for Litigation Purposes is strictly prohibited, exceeds the parameters of the License, and, as such, constitutes a breach by you of these Terms. In such circumstances, Boardroom may elect to terminate these Terms, without prejudice to our ability to seek damages, including attorneys’ fees, resulting from your breach.

6. Jurisdiction

The Sites are controlled and offered by Boardroom from its facilities in New York in the United States. Boardroom makes no representation that the Sites are appropriate or available for use outside the United States. If you are accessing or using the Sites from other jurisdictions, you do so at your own risk, and you are responsible for compliance with all applicable laws, including U.S. and international export control laws and regulations.

7. Accounts

A. Account Information

Certain Platforms or Features may permit or require you to create an account with us (an “Account”). You agree to provide complete and accurate information during the Account creation process and at all other times in connection with your Account (“collectively, “Account Information”). You grant to us and our designees the right to use, store, monitor, retrieve, and transmit your Account Information in connection with the operation of the Sites and as otherwise provided for in our Privacy Policy.

B. Password

If you create an Account, you may be asked to create a password. As you will be responsible for all activities that occur under your Account, you should keep your password confidential. The Sites may implement technology that enables us to recognize you as the Account holder and provide you with direct access to your Account when you revisit the Sites, i.e., without having to enter your account credentials. Notwithstanding any such technology, you are solely responsible for maintaining the confidentiality of your password and for restricting access to your Authorized Devices. You understand agree to that you are responsible for the acts and omissions of any party that uses the Sites while logged into your Account. We recommend logging out of your Account after each use of the Sites. If you have reason to believe that your Account is no longer secure (for example, in the event of a loss, theft, or unauthorized disclosure or use of your email address or password), you agree to immediately notify Boardroom.

8. Video Content

The Sites may contain video content, audiovisual content, or content of a like nature (collectively, “Video Content”). Further, the Sites may include online technologies and code-based tools, including cookies, pixels, web beacons, and software development kits, that track information about your activity and webpage viewing history on the Sites (collectively, “Cookies”). Cookies may result in information about your activity on the Sites being transmitted from your browser to Boardroom and to third parties, which, in turn, may result in the display of targeted advertisements on third-party websites, services, and/or platforms (“External Sites”).

You understand and agree that Cookies disclosing to a third-party that you visited a particular webpage on Sites containing Video Content is different from disclosing that you “requested or obtained specific video materials or services,” as that phrase is used in the Video Privacy Protection Act (18 U.S.C.A. § 2710) (“VPPA”). Further, whether Cookies on the Sites result in your browser’s transmission of information to third parties depends on a number of factors that may be outside of Boardroom’s knowledge and control, including what External Sites you use, what information you have provided to External Sites, and whether (and the extent to which) you have limited the use of Cookies by the operators of External Sites.

YOU HEREBY ACKNOWLEDGE AND AGREE THAT, IF COOKIES ON THE SITES RESULT IN YOUR BROWSER’S TRANSMISSION OF INFORMATION TO EXTERNAL SITES, (I) SUCH TRANSMISSIONS DO NOT CONSTITUTE A “KNOWING DISCLOSURE” OF “PERSONALLY IDENTIFIABLE INFORMATION” BY BOARDROOM UNDER THE VPPA AND (II) YOU WILL NOT INITIATE ANY LITIGATION OR OTHERWISE ASSERT ANY CLAIM AGAINST ANY OF THE RELEASED PARTIES (DEFINED BELOW) BASED, IN WHOLE OR IN PART, ON SUCH TRANSMISSIONS, WHETHER UNDER THE VPPA, THE CALIFORNIA INVASION OF PRIVACY ACT (CAL. PENAL CODE § 630 ET SEQ.), OR ANY OTHER STATUTE, REGULATION, OR CAUSE OF ACTION.

9. Purchases

You may be permitted to place orders for the purchase of products or services on the Sites, including Subscription Services (defined below) (collectively, “Orders”). If you wish to place an Order, you will be asked to supply certain information, including your name, payment method, billing information, and/or shipping information (collectively, “Payment Information”).

The Payment Methods that we accept will be set forth on the Sites and may change from time to time. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY PAYMENT METHOD DESIGNATED FOR AN ORDER. You further agree to provide current, complete, and accurate Payment Information. You agree to promptly update your Account and/or Payment Information as necessary, so that we can complete your Order and contact you as needed. By submitting any Payment Information, you grant to Boardroom the right to provide such information to third parties for purposes of facilitating the completion of your Order. Verification may be required prior to the completion of an Order.

Your placement of an Order constitutes a request to purchase the relevant product or service from Boardroom. As such, your receipt of an Order confirmation or similar acknowledgment means only that your request has been received; it does not mean that your Order has been accepted or that the price or availability of the product or service has been confirmed. We reserve the right to refuse any Order you place with us. We may, at our sole discretion, limit or cancel quantities purchased per person, per household or per Order. These restrictions may include Orders placed by or under the same Account or using the same Payment Information. In the event that we make a change to or cancel an Order, we may attempt to notify you by contacting the e-mail or billing address/phone number provided at the time the Order was places or by using contact information that we otherwise have on file for you. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.

Please carefully read all applicable pricing terms and conditions prior to placing an Order. All fees and charges are payable in accordance with payment terms in effect at the time the Order is placed. You acknowledge that your placement of an Order constitutes your agreement and intent to pay all charges associated with the Order, including any applicable shipping charges. You are solely responsible for any taxes applicable to your Order, regardless of whether tax is included in the purchase price on the Sites. More generally, you agree to pay all fees and applicable taxes incurred by you or anyone using your Account. It is your responsibility to comply with all applicable laws concerning the receipt, possession, and use of any product or service purchased from the Sites. Any offer for any product or service made on the Sites is void where prohibited.

EXCEPT AS OTHERWISE SET FORTH IN ANY RETURN POLICY APPLICABLE TO OUR PRODUCTS AND SERVICES, YOU ACKNOWLEDGE AND AGREE THAT ANY AMOUNTS PAID BY YOU ARE NOT REFUNDABLE, IN WHOLE OR IN PART.

10. Errors; Product Information

The Sites may contain errors, inaccuracies, or omissions (“Errors”), and such Errors may relate to product or service information, including descriptions, pricing, promotions, offers, and availability (collectively, “Product Information”). We reserve the right to correct any Errors and to change or update any Product Information or other information on the Sites at any time, without prior notice, and without any liability or obligation to you. Without limiting the preceding sentence, we may revise the pricing for products or services offered through the Sites at any time. Unless otherwise noted, all currency references on the Sites are in U.S. dollars.

Certain products or services offered on the Sites may have limited quantities, may not always be available, and/or may be available only in certain geographic areas. We reserve the right to limit access to any products or services that we offer. We reserve the right to discontinue any products or services at any time. We do not warrant that the quality of any services, products, information, or other material purchased or obtained by you through the Sites will meet your expectations.

11. Subscriptions; Recurring Charges

A. Subscription Services

We may offer certain products or services, or access to certain Features, on a subscription basis (“Subscription Services”). While payment options will vary from time to time, Subscription Services will require you to pay a recurring fee (a “Subscription Fee”) on a monthly, bi-annual, or annual basis, or at some other recurring interval disclosed to you prior to your enrollment in the Subscription Service (each, a “Subscription Period”).

Subscription Services will likely be subject to Additional Terms presented to you prior to enrollment. Please carefully review the terms and conditions of the applicable offer before enrolling in a Subscription Service. We may change Subscription Fees from time to time, but we will communicate any price changes to you in advance in the manner required by applicable law. Changes in Subscription Fees will take effect at the start of the next Subscription Period.

By enrolling in a Subscription Service, you authorize us to charge the credit card or other payment method that you have designated on a recurring basis for the then-applicable Subscription Fee, as described in greater detail in Section 11(B).

B. AUTO-RENEWAL AND CANCELLATION

THE SUBSCRIPTION FEE WILL BE BILLED AT THE BEGINNING OF EACH SUBSCRIPTION PERIOD. SUBSCRIPTION SERVICES AUTOMATICALLY RENEW UNTIL THEY ARE CANCELLED. THIS MEANS THAT, AFTER YOUR INITIAL SUBSCRIPTION PERIOD CONCLUDES, AND AGAIN AFTER ANY SUBSEQUENT SUBSCRIPTION PERIODS, YOUR PAYMENT METHOD WILL BE AUTOMATICALLY BILLED FOR AN ADDITIONAL PERIOD OF THE SAME LENGTH UNTIL YOU CANCEL THE SUBSCRIPTION SERVICE.

YOU MAY CANCEL A SUBSCRIPTION SERVICE WITHOUT FEE OR PENALTY AT ANY TIME BY EMAILING US AT MEMBERS@BOADRDROOM.TV. CANCELLATION WILL BE EFFECTIVE AT THE END OF THE THEN-CURRENT SUBSCRIPTION PERIOD. AFTER CANCELLATION, YOU WILL HAVE CONTINUED ACCESS TO THE APPLICABLE PLATFORM, FEATURES, OR SERVICES FOR THE REMAINDER OF THE THEN-CURRENT SUBSCRIPTION PERIOD, BUT YOU WILL NOT RECEIVE ANY REFUND, UNLESS OTHERWISE STATED BY US AT THE TIME OF CANCELLATION. THE PROVISION OF A REFUND IN ONE INSTANCE WILL NOT ENTITLE YOU OR ANY PERSON TO A REFUND UNLESS SPECIFICALLY AGREED TO BY BOARDROOM.

12. User Content

A. General

The Sites may now or in the future permit you to post, contribute, submit, link, or otherwise share (“share”) media, text, ideas, questions, audio and video recordings, photos, graphics, commentary, or other information or content (collectively, “User Content”). You understand that any User Content that you share on the Sites could be made publicly available to users of the Sites, and Boardroom does not guarantee any confidentiality with respect to any such User Content, nor does it guarantee that your intellectual or proprietary rights in such User Content will not be infringed or misappropriated.

B. User Content License

By sharing User Content, you hereby (a) grant Boardroom a worldwide, non-exclusive, fully paid-up, royalty-free, transferable license, with the right to grant and authorize sublicenses, to (i) use, reproduce, distribute, modify, adapt, translate, prepare derivative works from, display, perform, and otherwise use and exploit your User Content for any purpose (including commercial purposes) in any media formats and through any media channels and (ii) use your name in connection with any such licensed uses of the User Content; and (b) irrevocably waive (and cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Content (the foregoing license terms, the “User Content License”). We may sublicense the rights granted under the User Content License through multiple tiers of sublicenses.

For avoidance of doubt, any Reviews (defined below), feedback, analysis, suggestions, or comments that you share on or through the Sites concerning Boardroom, the Sites, and/or any of our products or services (collectively, “Feedback”) are considered User Content and are licensed to Boardroom under the terms of the User Content License. You acknowledge and agree that this means Boardroom and its licensees shall be free to use any ideas, concepts, know-how, or techniques contained in your Feedback or other User Content for any purpose whatsoever, including developing, manufacturing, and marketing products and services incorporating such content, all without any notice, compensation, or attribution to you. At the same time, we may already have projects under consideration or may independently develop projects that are similar to your Feedback, and you understand and agree that such projects are not a violation of any rights that you have in your Feedback or other User Content.

C. Your Representations and Warranties

You shall be solely responsible for your User Content and the consequences of sharing such User Content. You affirm, represent, and/or warrant that: (a) your User Content is not confidential or secret; (b) you own, or have the necessary licenses, rights, consents, and permissions to grant the User Content License; (c) Boardroom’s exercise of the User Content License will not infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, or right of publicity; (d) your User Content will not violate any applicable law or regulation or any provision of these Terms; and (e) you have no expectation of compensation of any nature with respect to your User Content.

D. No Responsibility for User Content

You understand and agree that we have no obligation to monitor User Content, and that we have not necessarily reviewed, approved, or verified any User Content on the Sites. We, therefore, make no representations or warranties as to the accuracy, reliability, completeness, timeliness, legality, or any other aspect of any User Content. Further, it is possible that you will consider User Content to be offensive, indecent, or otherwise objectionable. Boardroom does not endorse any User Content, or any opinion, recommendation, or advice expressed therein. Under no circumstances will Boardroom be liable in any way for or in connection with User Content, including your interaction with or reliance on any such content.

E. Using Another Party’s User Content

All User Content on the Sites is considered part of the Boardroom Materials. As such, aside from your limited right to access and use the Sites pursuant to the License, you may not use or exploit User Content shared by another party without the prior written permission of the owner of such content.

13. Prohibited Uses of the Sites

You hereby represent and warrant that you will not use the Sites for any purpose that is unlawful or prohibited by these Terms, and agree not to:

• Use the Sites if you do not meet the eligibility requirements described in Section 1;
• Use the Sites in any manner not expressly permitted under the License absent the express prior written consent of Boardroom or its applicable licensors;
• Defame, harass, abuse, threaten, stalk, or defraud other users of the Sites, or collect, or attempt to collect, personal information about other users without their consent;
• Interfere with, damage, impair, or disable the operation of the Sites, or any user’s enjoyment of the Sites, by any means, including by uploading or otherwise disseminating viruses, worms, spyware, adware, or other malicious code, or placing a disproportionate load on the Sites;
• Remove, circumvent, disable, damage, or otherwise interfere with any security-related features of the Sites, features that prevent or restrict the use or copying of any part of the Sites, or features that enforce limitations on the use of the Sites;
• Attempt to gain unauthorized access to the Sites, including gaining access or attempting to gain access to another user’s Account or computer systems or networks connected to the Sites, or interfere or attempt to interfere with the proper working of the Sites or any activities conducted in connection with the Sites.
• Use any robot, spider, scraper, or other automated means to access the Sites for any purpose without our express prior written permission or bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Sites;
• Use framing techniques to enclose any Trademark or other Boardroom Materials without our express prior written consent;
• Sell, rent, lease, distribute, broadcast, license, sublicense, or otherwise transfer or convey any right in or to the Sites to any third party;
• Make unsolicited offers, advertisements, proposals, or send junk mail or spam to other users of the Sites or insert your own or a third party’s advertising, branding, or other promotional content on the Sites, including unsolicited advertising, promotional or solicitation materials, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, and petitions for signatures;
• Reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code of the Sites.
• Impersonate another person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity, while using the Sites; and
• Share any User Content or otherwise use the Sites in any manner that: (a) is unlawful, harmful, harassing, fraudulent, threatening, abusive, libelous, defamatory, vulgar, obscene, hateful, or discriminatory on the basis of race, religion, ethnicity, nationality, sex, sexual orientation, gender, or age; (b) infringes our or any third party’s intellectual property or other rights; (c) may incite violence or other unlawful activity; or (d) is harmful to children in any manner.

Unauthorized or prohibited use of the Sites may subject you to civil liability, criminal prosecution, or both, under federal, state, and local laws, and may result in you being barred from the Sites. Boardroom has the right, but not the obligation, to monitor the Sites for the purpose or determining and enforcing compliance with these Terms. Further, we shall be free to delete, remove, modify, or refuse to post any User Content if we determine that the content violates these Terms, is stale or off-topic for the relevant forum, or otherwise as needed in connection with our administration of the Sites.

You agree that Boardroom has the right to (a) disclose your identity or other information about you to any third party who claims that User Content shared by you violates their rights; (b) take legal action, including referral to law enforcement, with respect to any suspected illegal or unauthorized use of the Sites; and (c) cooperate with any law enforcement authorities or court order requesting or directing us to disclose your identity or information. YOU HEREBY WAIVE ANY CLAIMS RELATED TO OR RESULTING FROM ANY ACTION OR INACTION OF BOARDROOM WITH RESPECT TO (A) MONITORING THE SITES; (B) DELETING, REMOVING, MODIFYING, OR REFUSING TO POST ANY USER CONTENT; (C) DETERMINING OR ENFORCING COMPLIANCE WITH THESE TERMS; OR (D) COOPERATING WITH LAW ENFORCEMENT OR A COURT ORDER CONCERNING ANY MATTER RELATED TO THE SITES.

Notwithstanding any other provision herein, nothing in these Terms shall prohibit or restrict your ability to (a) make any “statement” protected by Cal. Civ. Code § 1670.8; (b) engage in a “covered communication” as defined by the Consumer Review Fairness Act, 15 U.S.C.A. § 45b; or (c) express or publish any review, performance assessment, or similar analysis (collectively, “Reviews”) about Boardroom, its employees or agents, its products or services, or the Sites, to the extent that such Reviews are protected under applicable law.

14. Linking to the Sites

You are permitted to establish a hyperlink to the homepage of any of the Platforms, provided that (a) the link opens in a new browser window and resolves to the full version of an HTML formatted page of the relevant Platform; (b) you do so in a manner that is legal and does not state or imply any endorsement of or affiliation with the originating website, application, or service (the “Originating Site”) by Boardroom; (c) the Originating Site contains no content that you would be prohibited from sharing on the Sites pursuant to these Terms or any applicable law; (d) the Originating Site is owned by you or you have express prior written consent from the owner to establish the link; and (e) you do not establish a deep-link or otherwise directly link to (i) any page other than a Platform homepage or (ii) any image hosted on the Sites. You agree to cooperate with us as requested to remove any links that we determine to be in violation of these Terms. We reserve all of our rights under law to insist that any link to the Sites be discontinued, and to revoke your right to link to the Sites at any time.

15. External Sites

The Sites may include links to External Sites. Boardroom has no control over External Sites or their content, and therefore makes no claim or representation regarding, and expressly disclaims responsibility for, the accuracy, quality, legality, nature, availability, or reliability of External Sites. To the extent that Boardroom provides, or allows users to share, links to External Sites, this is done only as a convenience. The inclusion of any link on the Sites does not imply our affiliation with or endorsement of the relevant External Site or any aspect thereof.

If you choose to correspond or engage in transactions with any third party associated with an External Site or otherwise found on or through the Sites, you acknowledge and agree that we are not a party to, and will not be responsible for, your interaction with such third party, including its treatment of your information or content, or the terms and conditions applicable to any transaction between you and such party. You agree that we have no responsibility or liability for any loss or damage of any kind that you may suffer as the result of any such interaction. These Terms and our Privacy Policy do not govern your use of any External Sites. You should review the applicable terms and policies, including the privacy and data gathering practices, of any External Sites. YOUR ACCESS TO AND USE OF EXTERNAL SITES, INCLUDING THE INFORMATION, CONTENT, MATERIALS, PRODUCTS, AND SERVICES ON OR AVAILABLE THROUGH EXTERNAL SITES, IS DONE SOLELY AT YOUR OWN RISK.

Certain links on the Sites may direct users to products or services for sale on External Sites, and we may earn a portion of the sales when our users complete such purchases. Importantly, the existence of any such affiliate partnerships in no way limits the disclaimers of control and liability with respect to External Sites found in the preceding paragraphs of this Section 15.

16. Changes to the Sites; Service Testing

A. Changes to the Sites

Boardroom may make changes to, suspend, or discontinue the Sites or any aspect thereof at any time and without notice, and shall have no liability to you with respect to any such actions. At the same time, Boardroom makes no commitment to update the Sites. The Sites may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only.

B. Service Testing

From time to time, we may test various aspects of the Sites, and we reserve the right to include you in or exclude you from these tests without notice.

C. Termination of these Terms

These Terms are effective unless and until terminated by either you or us. You may terminate these Terms at any time by notifying us at the contact information provided in Section 25 and informing us that you no longer wish to use the Sites and would like to terminate this agreement. We may terminate these Terms or suspend or terminate your Account and/or access to the Sites at any time if (a) we believe you have breached these Terms, (b) we stop providing the Sites or any material component thereof, or (c) as we believe necessary to comply with applicable law.

If you or we terminate these Terms, or if we suspend or terminate your Account and/or access to the Sites, you agree that (a) your right to access and use the Sites ceases immediately, (b) we shall have no liability to you in connection with such suspension or termination, and (c) except as expressly provided otherwise by Boardroom, we will not refund any amounts that you have already paid to us and you remain fully liable to us for any unpaid amounts. The following provisions shall survive the termination of these Terms: 1, 3, 5 (excluding the License), 8, 12, 13, 18, 19, 20, 21, 22, and 24, and any other provisions of these Terms that, either explicitly or by their nature, must remain in effect even after termination of these Terms.

18. INDEMNIFICATION

YOU AGREE TO INDEMNIFY, HOLD HARMLESS, AND DEFEND (AT THEIR OPTION) BOARDROOM AND ITS SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, SUPPLIERS, SUBCONTRACTORS, AND LICENSORS, AND EACH OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND REPRESENTATIVES (THE “RELEASED PARTIES”) FROM ANY AND ALL CLAIMS, LOSSES, OBLIGATIONS, DAMAGES, LIABILITIES, COSTS, DEBTS, AND EXPENSES (INCLUDING ATTORNEY’S FEES) ARISING OUT OF (A) YOUR USE OR MISUSE OF THE SITES; (B) YOUR USER CONTENT, INCLUDING BOARDROOM’S EXERCISE OF ITS RIGHTS UNDER THE USER CONTENT LICENSE; (C) YOUR VIOLATION OF THESE TERMS, INCLUDING YOUR BREACH OF ANY REPRESENTATIONS, WARRANTIES, OR COVENANTS IN THESE TERMS; (D) YOUR VIOLATION OF THE RIGHTS OF ANY THIRD PARTY; (E) ANY UNAUTHORIZED USE OF YOUR ACCOUNT; OR (F) YOUR USE OF AND/OR PARTICIPATION IN ANY PRODUCTS OR SERVICES OFFERED OR ADVERTISED ON THE SITES.

BOARDROOM RESERVES THE RIGHT, AT YOUR EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER FOR WHICH YOUR INDEMNITY IS REQUIRED, AND YOU AGREE TO COOPERATE WITH OUR DEFENSE OF THESE CLAIMS AS WE MAY REQUEST. YOU AGREE NOT TO SETTLE ANY MATTER GIVING RISE TO YOUR INDEMNIFICATION OBLIGATIONS WITHOUT THE PRIOR WRITTEN CONSENT OF BOARDROOM.

FURTHER, IF YOU INITIATE (OR THREATEN TO INITIATE) ANY LITIGATION, ARBITRATION, OR OTHERWISE ASSERT ANY CLAIM AGAINST THE RELEASED PARTIES THAT IS BASED OR RELIES, IN WHOLE OR IN PART, UPON A REPUDIATION OR BREACH OF ANY PROMISES, REPRESENTATIONS, WARRANTIES, AGREEMENTS, OR CONSENTS THAT YOU HAVE MADE TO OR WITH BOARDROOM PURSUANT TO THESE TERMS (COLLECTIVELY “PROHIBITED LEGAL ACTIONS”), YOU AGREE TO INDEMNIFY THE RELEASED PARTIES FROM AND AGAINST ANY LIABILITIES, CLAIMS, DAMAGES, COSTS, AND EXPENSES, INCLUDING ATTORNEYS’ FEES AND COSTS, ARISING FROM OR RELATED TO THE PROHIBITED LEGAL ACTION (OR YOUR THREAT OF THE SAME), REGARDLESS OF LEGAL THEORY AND WHETHER THE ACTION IS BROUGHT OR ASSERTED INDIVIDUALLY OR AS PART OF A COLLECTIVE OR CLASS PROCEEDING.

19. DISCLAIMER OF WARRANTIES

THE SITES ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND “WITH ALL FAULTS.” YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITES IS DONE AT YOUR SOLE RISK. BOARDROOM DISCLAIMS ALL WARRANTIES (WHETHER STATUTORY, EXPRESS, OR IMPLIED) RELATED TO THE SITES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

WITHOUT LIMITING THE PRECEDING PARAGRAPH, BOARDROOM DOES NOT WARRANT THAT (A) THE SITES WILL BE UNINTERRUPTED OR FREE OF ERRORS, HACKING, VIRUSES, OR OTHER HARMFUL COMPONENTS, (B) ANY OF THE FOREGOING WILL BE CORRECTED, OR (C) THE BOARDROOM MATERIALS WILL BE CORRECT, ACCURATE, OR RELIABLE. YOU UNDERSTAND AND AGREE THAT BY USING, ACCESSING, DOWNLOADING, OR OTHERWISE OBTAINING INFORMATION, MATERIALS, OR DATA THROUGH THE SITES YOU ARE DOING SO AT YOUR OWN DISCRETION AND RISK, AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR AUTHORIZED DEVICE) OR LOSS OF DATA RESULTING THEREFROM.

FURTHER, YOU UNDERSTAND AND AGREE THAT, UNLESS WE EXPRESSLY STATE IN WRITING THAT A WARRANTY APPLIES, THE PRODUCTS AND SERVICES AVAILABLE FOR PURCHASE ON THE SITES ARE PROVIDED “AS IS” AND WITHOUT ANY REPRESENTATION, WARRANTY, OR GUARANTEE OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT.

ADDITIONAL RIGHTS: SOME JURISDICTIONS DO NOT PERMIT THE DISCLAIMER OF CERTAIN WARRANTIES, SO SOME WARRANTY DISCLAIMERS IN THESE TERMS MIGHT NOT APPLY TO YOU. FOR CLARIFICATION, NOTHING IN THESE TERMS SEEKS TO DISCLAIM ANY WARRANTIES THAT CANNOT BE DISCLAIMED UNDER APPLICABLE LAW. YOU AGREE, HOWEVER, THAT ALL SUCH DISCLAIMERS IN THESE TERMS SHALL APPLY TO GREATEST EXTENT ALLOWED BY APPLICABLE LAW.

20. LIMITATION OF LIABILITY AND DAMAGES.

THE RELEASED PARTIES SHALL NOT BE LIABLE FOR THE FOLLOWING DAMAGES (IF ANY) ARISING IN CONNECTION WITH YOUR USE OF THE SITES OR ANY GOODS OR SERVICES PURCHASED OR ACQUIRED BY YOU THROUGH THE SITES: (A) SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, STATUTORY, EXEMPLARY, OR ENHANCED DAMAGES; (B) LOSS OF PROFITS, BUSINESS, DATA, USE, OR REVENUE, IN ALL CASES WHETHER DIRECT OR INDIRECT; (C) DAMAGES, INCLUDING FOR ANY DELAY OR FAILURE IN PERFORMANCE, ARISING FROM CAUSES BEYOND THE REASONABLE CONTROL OF THE RELEASED PARTIES; (D) DAMAGES ARISING FROM THE CONDUCT OF OTHER USERS OF THE SITES OR THEIR USER CONTENT; OR (V) DAMAGES RELATING TO THE DELAY, FAILURE, INTERRUPTION, DISCLOSURE, OR CORRUPTION OF ANY DATA OR INFORMATION TRANSMITTED IN CONNECTION WITH THE SITES.

IN NO EVENT SHALL THE COLLECTIVE LIABILITY OF THE RELEASED PARTIES IN CONNECTION WITH ANY DISPUTE (DEFINED BELOW) EXCEED THE GREATER OF (A) $250 USD OR (B) THE AMOUNT YOU PAID TO BOARDROOM IN CONNECTION WITH YOUR USE OF THE SITES IN THE 12-MONTH PERIOD PRECEDING THE DATE ON WHICH THE FIRST CLAIM RELATED TO THE DISPUTE AROSE.

THE LIMITATION OF LIABILITY IN THIS SECTION 20 APPLIES REGARDLESS OF LEGAL THEORY, EVEN IF THE RELEASED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF THE RELEVANT DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE. FURTHER, YOU ACKNOWLEDGE AND AGREE THAT BOARDROOM HAS GRANTED YOU ACCESS TO THE SITES AND ENTERED INTO THESE TERMS IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH IN THESE TERMS (THE “WARRANTY AND LIABILITY TERMS”), THAT THE WARRANTY AND LIABILITY TERMS REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND BOARDROOM, AND THAT WARRANTY AND LIABILITY TERMS FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND BOARDROOM. YOU ACKNOWLEDGE AND AGREE THAT BOARDROOM WOULD NOT BE ABLE TO PROVIDE THE SITES ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THE WARRANTY AND LIABILITY TERMS.

ADDITIONAL RIGHTS: CERTAIN JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF YOU RESIDE IN SUCH A JURISDICTION, SOME OF THE DAMAGES EXCLUSIONS OR LIMITATIONS IN THESE TERMS MIGHT NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS. FOR CLARIFICATION, NOTHING IN THESE TERMS SEEKS TO EXCLUDE OR LIMIT ANY DAMAGES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. YOU AGREE, HOWEVER, THAT ANY LIMITATIONS OR EXCLUSIONS OF DAMAGES IN THESE TERMS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

21. Dispute Resolution

If there is any controversy, claim, action, or dispute between you and Boardroom arising out of or related to (a) your use of (or inability to use) the Sites; (b) your purchase or use of any product or service offered on the Sites; or (c) the breach, enforcement, interpretation, or validity of these Terms or any part of them (“Dispute”), you and Boardroom agree to resolve the Dispute using the dispute resolution procedures set forth in this Section 21, even if the Dispute arose prior to the Effective Date of these Terms.

A. Informal Dispute Resolution

You and Boardroom agree to first attempt to avoid the costs of formal dispute resolution by giving each party a full and fair opportunity to address and resolve the Dispute informally. The party with the complaint (the “Complaining Party”) shall first send written notice to the other party (the “Receiving Party”) describing the facts and circumstances of the Dispute (a “Dispute Notice”).

All Dispute Notices must: (a) be personally signed by the Complaining Party; (b) include the Complaining Party’s name, physical address, and email address; (c) describe with specificity the nature and basis of the Dispute in a manner sufficient for the Receiving Party to evaluate the merits of the Complaining Party’s individualized claim, and (d) set forth the alleged damage and harm suffered and the specific relief sought with a calculation for it. Each Dispute Notice is limited to a single Dispute between you and Boardroom. As such, your Dispute and the Disputes of other parties may not be combined into a single Dispute Notice.

Dispute Notices shall be sent to:

• To Boardroom: You must send notice (1) by electronic mail to info@boardroom.tv and (2) by first-class or certified mail to 445 Hamilton Ave, #700, White Plains, NY 10601 c/o Gelfand, Rennert & Feldman.
• To You: We will send notice by (1) first class or certified mail to the physical address we have on file for you (if any) and (2) by electronic mail to the email address we have on file for you (if any). If we do not have a physical or email address on file for you, or if we are, for any reason, unable to provide notice via the contact information on file, we reserve the right to provide notice by other reasonable means.
• You and Boardroom will attempt to resolve the Dispute through informal negotiation within sixty (60) days beginning on the date that a valid Dispute Notice is sent (the “Informal Negotiation Period”). During the Informal Negotiation Period, the parties are required to conduct an individual meet-and-confer in person, or via teleconference or videoconference, that addresses only the Dispute between you and Boardroom (the “Conference”). If you are represented by counsel, your counsel may participate in the Conference, but you will also need to participate. Boardroom will participate in the Conference through one or more representatives, which may include our counsel.
• Both you and Boardroom agree that the foregoing dispute resolution procedure (the “Informal Dispute Resolution Procedure”) is a condition precedent that must be satisfied before initiating any arbitration or litigation against the other party. If any aspect of the Informal Resolution Procedure has not been met, the parties agree that (a) a court of competent jurisdiction is authorized enjoin the filing or prosecution of any arbitration or litigation and (b) unless prohibited by law, no arbitration administrator shall accept or administer an arbitration or demand fees in connection with the Dispute.

B. Binding Individual Arbitration

IF ANY DISPUTE CANNOT BE RESOLVED BY THE INFORMAL DISPUTE RESOLUTION PROCEDURE, YOU AND BOARDROOM AGREE THAT SUCH DISPUTE SHALL BE DECIDED BY BINDING ARBITRATION ON AN INDIVIDUAL BASIS. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT NEITHER PARTY WILL HAVE, AND WE EACH HEREBY WAIVE, THE RIGHT TO HAVE A JUDGE OR JURY TO DECIDE ITS CLAIMS, AND THAT NEITHER YOU NOR WE ARE PERMITTED TO PROCEED IN A CLASS, CONSOLIDATED, COLLECTIVE, OR REPRESENTATIVE CAPACITY. OTHER RIGHTS THAT YOU AND WE WOULD HAVE IN COURT WILL NOT BE AVAILABLE OR WILL BE MORE LIMITED IN ARBITRATION, INCLUDING DISCOVERY AND APPEAL RIGHTS.

All such Disputes shall be exclusively submitted to Judicial Arbitration and Mediation Services (JAMS) (www.jamsadr.com) for binding arbitration under its rules then in effect (as modified by these Terms), before one arbitrator to be mutually agreed upon by both parties (a Dispute submitted to JAMS being a “Demand for Arbitration”). The arbitration shall be conducted in accordance with the JAMS Consumer Arbitration Minimum Standards (https://www.jamsadr.com/consumer-minimum-standards/) if (and only if) it is determined by JAMS or the arbitrator that such standards are applicable to the Dispute. The location of any hearings will be determined by the applicable JAMS rules, provided that, if the claim is for $5,000 or less, you may choose to have the arbitration conducted (a) solely on the basis of the documents submitted to the arbitrator or (b) through a hearing by teleconference or videoconference.

For avoidance of doubt, you and Boardroom agree that the arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to (a) resolve any Dispute arising under or relating to the interpretation, applicability, enforceability, or formation of these Terms, including any claim that all or any part of these Terms are void or voidable and (b) rule on his or her own jurisdiction, including any objections with respect to the scope or validity of this Section 21 or the arbitrability of any claim or counterclaim. The award rendered by the arbitrator may be confirmed and enforced in a court having jurisdiction thereof.

C. Mass Arbitration

This Section 21(C) applies to Mass Arbitrations (defined below) and supersedes any provision to the contrary in these Terms.

If you or Boardroom files a Demand for Arbitration that is one of twenty-five (25) or more similar Demands for Arbitration filed against the other party (i.e., against you or Boardroom, as applicable) by parties represented by the same law firm or law firms acting in coordination (“Mass Arbitration”), the arbitration of the Dispute, and all other Disputes constituting the Mass Arbitration, shall be conducted in accordance with the JAMS Mass Arbitration Procedures and Guidelines, including the JAMS Mass Arbitration Fee Schedule (the “Mass Arbitration Procedures”). The Mass Arbitration Procedures are available at www.jamsadr.com/mass-arbitration-procedures.

You and Boardroom agree that, in the event of a Mass Arbitration, any issues arising under or relating to (a) the interpretation, applicability, enforceability, or formation of these Terms, including any claim that all or any part of these Terms are void or voidable or (b) the jurisdiction of the arbitrator, including any objections with respect to the existence, scope, or validity of this Section 21 or the arbitrability of any claim or counterclaim, shall be decided by a court of competent jurisdiction.

D. Exceptions

In lieu of the dispute resolution procedures in Sections 21(A)-(C), either you or Boardroom may (a) bring an individual claim or elect to resolve a Dispute in small claims court in the United States consistent with any applicable jurisdictional and monetary limits, so long as the action is litigated exclusively in small claims court and not removed or appealed to a court of general jurisdiction; or (b) file an individual claim in court to (i) enjoin the infringement or misuse of its intellectual property rights or (ii) seek a declaration that the other party is in breach of these Terms. You and Boardroom agree that any claims referenced in the preceding sentence must be brought and maintained on an individual basis. In addition, nothing in these Terms prohibits you or us from bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf (or vice versa).

22. Governing Law

These Terms and your use of the Sites shall be governed by and construed in accordance with the laws of the State of New York, without giving effect to any principles of conflicts of laws.

Except for claims properly lodged in a small claims court in the United States, any Disputes not subject to arbitration pursuant Section 21, including those referenced in Section 21(D), shall be resolved by the state or federal residing in New York County within the State of New York, and you hereby consent and submit to the personal and exclusive jurisdiction and venue of such courts for the purpose of litigating any such Dispute.

23. Digital Millennium Copyright Act Compliance

A. Copyright Infringement Claims

If you believe that any content of the Sites infringes your copyrights or copyrights that you are authorized to enforce, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing:

• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
• Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative listing of such works or a link or URL to all such works;
• Identification of the material that is claimed to be infringing or to be the subject of infringing activity on the Sites and that is to be removed or access to which is to be disabled, including the link or URL for all such material on the Sites;
• Information reasonably sufficient to permit Boardroom to contact the complaining party, such as an address, telephone number, and electronic mail address at which the complaining party may be contacted;
• A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
• A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Boardroom’s designated Copyright Agent to receive notifications of claimed infringement is as follows: Boardroom Copyright Agent, info@boardroom.tv.

If we receive a substantially compliant notification of claimed copyright infringement, we will respond expeditiously by removing, or disabling access to, the material that is claimed to be infringing. We will also comply with the appropriate provisions of the DMCA in the event that a counter-notification is received, as described below. We may, at our discretion, deny access to the Sites by, or disable and/or terminate the Accounts of, users that we determine to be repeat infringers.

B. Copyright Counter-Notices

When we receive a copyright infringement notice as described above, we may give notice to the user responsible for the allegedly infringing content by means of a general notice on the Sites, an email to the user’s address in our records, or a written communication sent by first-class mail to the user’s physical address in our records. If you receive such a notice and believe that the content was removed as a result of mistake or misidentification, you may send a counter-notification to the Copyright Agent that includes the following:

• The specific URLs of (or other information sufficient to allow us to identify) the material that Boardroom has removed or to which Boardroom has disabled access;
• Your full name, address, telephone number, email address and, if you are a registered user, the username of your Account;
• A statement that you consent to the jurisdiction of a federal district court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which we may be found, and that you will accept service of process from the person who submitted the original claim of copyright infringement or an agent of such person;
• The following statement: “I swear, under penalty of perjury, that I have a good-faith belief that the material was removed or disabled as a result of a mistake or misidentification”; and
• Your physical or electronic signature.

Please note that under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability.

24. Miscellaneous

A. Interpretation

In these Terms, the (a) words “include,” “includes,” and “including” are used in an illustrative sense and shall be construed as if followed by “without limitation” and (b) the word “or” is not exclusive. Titles and headings to sections herein are included for convenience only and are not intended to affect the meaning or interpretation of these Terms. Any limited or specific disclaimers or limitations of liability found in these Terms shall not limit the effect, force, or breadth of any broader or more general disclaimers or limitations of liability in these Terms. When these Terms refer to a decision or action that will or may be made or taken by Boardroom, such decision or action shall be made, taken, or refrained from in Boardroom’s sole discretion and judgment.

B. Notice; Admissibility

Boardroom may provide you with notices, including those regarding changes to these Terms, by email, regular mail, or postings on the Sites. If notice is by email or physical mail, it will be sent to the address in your Account Information, and it is your responsibility to update such Account Information for any changes. Notice to you will be deemed given twenty-four hours after an email is sent, unless Boardroom is notified that the email address is invalid, and if through postal mail, three days after the date of mailing. Unless we state otherwise in these Terms, you may provide Boardroom with notices only by email at info@boardroom.tv.

You agree that all agreements, notices, disclosures, and other communications that Boardroom provides to you (a) via a posting on the Sites or (b) an email to an address that we have on file for you will satisfy any legal requirement that such communications be in writing. You agree that a printed version of these Terms and/or any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms or your use of the Sites to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

C. Waiver

A provision of these Terms may be waived only by a written instrument executed by the party entitled to the benefit of such provision. The failure of a party to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision.

D. Notices for California Users

The following terms apply to California residents:

• You may reach Boardroom at the contact information provided in Section 25. California residents may also reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
  
• WITH RESPECT TO ANY LIMITATIONS OR DISCLAIMERS OF WARRANTIES OR LIABILITY INCLUDED IN THESE TERMS, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”

E. Severability

If any provision of these Terms is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.

F. Assignment

The Terms may not be transferred or assigned by you absent Boardroom’s prior express writer permission but may be assigned by Boardroom without restriction. Any assignment attempted to be made in violation of these Terms shall be void.

G. Entire Agreement

These Terms represent the entire agreement between you and Boardroom relating to the subject matter herein and supersede all previous communications, representations, understandings, and agreements, either oral or written, between the parties with respect to said subject matter, unless expressly stated otherwise herein.

H. No Relationship

These Terms do not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between you and Boardroom.

25. Contact Us

If you have any questions, comments, or concerns about these Terms, please contact us at info@boardroom.tv

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