THE BFS GROUP, LLC's TERMS OF SERVICE

Welcome to The BFS Group, LLC’s (BFS) website. BFS provides website features, applications, products, and services to You when You visit bfsnetwork.com (the “Website”), download, install, or use our online or mobile application(s) (the “App”), sign up for a membership with BFS (the “Membership”), or access and use any content, information, services, features, products, or resources made available or enabled via the Website or App. These offerings, collectively referred to as the “Services,” are subject to this BFS Network Terms of Service (“Agreement”) between You and BFS, (BFS or “We”, “Us”, or “Our”). By viewing, accessing or using Our Website or any of these Services, You agree to the terms of this Agreement. THIS IS A BINDING CONTRACT that We first posted on about December 11, 2024.

This Agreement contains the complete and entire understanding and agreement and supersedes any previous communications, representations, or verbal or oral agreements related to Your use of the Services. Our Privacy Policy is incorporated into this User Agreement.  Each provision of this User Agreement shall be construed separately and independently of each other. If any provision is deemed invalid, void or otherwise unenforceable, that provision shall be deemed severable from and shall not affect the enforceability of any of the other provisions of this Agreement. Sometimes additional terms apply to certain Services, in which case You also will be subject to the guidelines, terms and agreements applicable to that Service. If this Agreement is inconsistent with the terms for a particular Service, the terms for that Service will control. BFS may modify this Agreement or add additional terms any time in its discretion by posting changes on the Internet. These modifications are effective when We post them. You agree no other notice is required. You agree to regularly check the Website for updates to this Agreement, including checking these terms each time You log onto the Website. Your continued use of the Services following any changes to this Agreement constitutes Your acceptance of the changes. IF AT ANY TIME YOU DO NOT AGREE TO OUR BFS USER AGREEMENT OR INCORPORATED POLICIES OR TO OTHER TERMS OF SERVICE ON OUR WEBSITE, YOU MUST IMMEDIATELY CEASE USING OUR SERVICES.

BFS is the operator of the BFS Network Website and Provider of the Services.

This Website is owned by The BFS Group, LLC and is hosted by Hubspot, Inc., Mighty Software, Inc. and Liquid Web, LLC.  

In order for You to use Our Website and Our Services as described in section 6.1, We give You certain limited rights. The content of Our Website is protected by United States and international laws, including intellectual property laws like copyright and trademark laws. Since We own or license the rights conveyed by these laws, which are reflected in the content on the Website, WE GRANT YOU A LIMITED, RBFSCABLE, NONEXCLUSIVE, NONTRANSFERABLE LICENSE TO ACCESS THE SERVICES TO MAKE PERSONAL AND NON-COMMERCIAL USE OF THEIR CONTENT. IF YOU ARE NOT WILLING TO BE BOUND BY THE TERMS OF THIS AGREEMENT, YOU ARE NOT PERMITTED TO USE OR ACCESS THE SERVICES OR CONTENT OF THE WEBSITE.    

Except as authorized in this Agreement, no copies of the Services (including the Website) or any part thereof may be made by or for You. You agree that You will not alter, publish, copy, cut, modify or transform the content, or any component of the content of this Website, in any form to any storage medium, known or unknown, for any purpose, except as authorized by Us in advance in writing. You agree not to make any commercial use of any Service or content without express written consent from BFS, including not collecting and/or using product or service information, descriptions, or prices, not creating any derivative use of any Service or content, not to download or copy instructor or customer information for the benefit of another merchant, and not to use robots, data mining, or similar data extraction or gathering tools. You agree not use any meta tags or any other “hidden text” including or derived from Our copyrights, names or trademarks. You agree not misuse the Services and only to use those Services as permitted by and in compliance with all applicable laws. All rights not expressly granted to You are reserved and retained by BFS and its licensors.

The license granted in this Agreement terminates automatically if You fail to comply with any term of this Agreement or the additional terms of any Service. BFS may deny You access or terminate this license if We reasonably believe that You are not abiding by the terms of this Agreement, or for any other reason in Our sole discretion. You may be legally responsible for trademark or copyright infringement if You fail to abide by the terms of this license.

You acknowledge and agree that all content associated with the Services is Our property, protected under copyright and trademark laws. You agree that all right, title, and interest in and to the Services and content, including associated intellectual property rights, are and shall remain with BFS and its licensors. You agree not to take any action inconsistent with Our rights and not to challenge them. If You believe Our content infringes Your copyright, please follow Our Copyright Complaint procedure.

You agree to provide current, complete and accurate purchase, delivery, and account information for any Services. You agree to promptly update Your account and other information, including Your email address and payment method details so that We can complete Your transactions and contact You as needed.

You may submit suggestions, ideas, comments, questions, information, reviews, photos and other content or communications to Us in connection with or separate from Your access to Our Website. In some cases, You may also add, post or provide content. In all cases, You agree not to provide or submit anything or use Our Website for any action, that is illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You agree not to use a false e-mail address, impersonate any person or entity, or otherwise mislead anyone in Your use of Our Website. You agree that We alone have discretion to determine what is objectionable.

If You do submit anything to Us or post any content, You grant Us a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable and transferable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display whatever You sent Us throughout the universe, perpetually, in any media, and without any obligation to compensate You in any form. You also grant Us and Our sublicensees or assigns the right to use Your name in connection with the content, at Our (or their) option. You represent and warrant that You own or otherwise control all of the rights to what You submit or post, that it is accurate, that it and its use does not violate this Agreement and will not cause injury to any other person or entity, and that You will indemnify and hold Us harmless for all claims and/or losses resulting from Your supplying Us that material (including for anything We do with it). 

We take no responsibility and assume no liability for any content resulting or derived from Your submission or posts or those of any third party. Likewise, we do not monitor or maintain links or content provided by third parties (or even by us).  If You click on a third party link or any content that takes You away from our Website or Our Service (whether or not we put the link there), You may be directed to that third party's site. We strongly advise You to review the Privacy Policy of every site You visit.  We have no control over and assume no responsibility for the content, privacy policies or practices of any third party sites or services, including those we provide links to in Our Service and those posted by others.  In all cases, You acknowledge and agree that We are not responsible for any content, including, user generated content, that purports to give advice, including fitness, medical, health, equipment use or installation, or other advice.

BFS reserves the right at its sole discretion, but has no obligation, to block or remove (in whole or part) any User Generated Content posted or transmitted by You and which BFS believes is not in accordance with these Terms and Conditions (including materials which infringe or may infringe third party intellectual property rights, rights of privacy or moral rights), or is otherwise unacceptable to BFS. BFS reserves the right, but has no obligation, to suspend or terminate user accounts or user IDs and to take technical and legal steps to prohibit access to the Website if we think that those users are creating problems, possible legal liabilities, or acting inconsistently with the letter or spirit of this User Agreement or our policies. BFS reserves the right to cancel unconfirmed user accounts.

The content of Our Website is provided on an “as is” and “as available” basis without any warranties, express or implied. By accessing the content of Our Website, You agree to release BFS and its affiliates and their owners, directors, successors, employees, assigns, licensees, and legal representatives from all claims, damages, costs and expenses of every kind (including reasonable attorneys’ fees) (“Claims”) that directly or indirectly result from Your use of the Services or the content of Our Website. 

YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES AND OUR WEBSITE IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. YOU AGREE TO RELEASE AND WAIVE ANY CLAIMS AGAINST BFS AND THAT BFS WILL NOT BE LIABLE FOR ANY CLAIMS, DAMAGES, COSTS, OR EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES) OF ANY KIND ARISING FROM YOUR USE OF ANY OF THE SERVICES OR FROM ANY INFORMATION, ADVICE, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY OF THE SERVICES, INCLUDING DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. Certain state laws may not allow limitations on warranties or exclusion or limitation of certain damages. If these laws apply to You, some or all of the above disclaimers, waivers, releases, exclusions, or limitations may not apply to You.

6. Services

BFS offers a variety of Services, including, but not limited to, its Membership options such as an online membership the Community Membership, an executive peer network, personal executive coaching, education courses, and a Corporate vendor and supplier membership. Additionally, BFS provides other ancillary programs and benefits to its Members.

The initial term of BFS Memberships are for a period of twelve (12) months from the Effective Date (the "Initial Term"), and shall automatically renew for indefinite successive one-month periods unless or until Member breaches this Agreement or cancels their  membership in accordance with this Agreement (the "Term"). Notwithstanding the foregoing, BFS may cancel this Agreement and Member's Membership at any time, with or without cause, by giving Member written notice of termination. Upon termination without cause, any Member Fees paid but not used shall be returned to the Member. Likewise, Member may cancel this Agreement and its Membership at any time after the Initial Term. If Member cancels their Membership prior to expiration of the Initial Term, Member shall pay a termination fee equal to two (2) months of their membership fee.

You are responsible for and required to maintain a current credit card on file with BFS at all times or include BFS in your company’s automatic monthly account payables. In the event that your credit card is declined for any reason, you are required to provide BFS with a new credit card or notify BFS of your payment arrangements within five (5) business days of the failed transaction.

BFS reserves the right to offer discounts or other promotions. Additionally, the Membership Fee is subject to change at any time in BFS’ sole and absolute discretion. BFS reserves the right to establish, revise, modify or amend at any time its billing practices, methods and fees, including without limitation collection practices, payment practices, supplemental fees and separate fees for content or services provided on BFS's website(s), and further including offering and accepting different time options. In the event that Member objects to any fee changes, Member's sole remedy and recourse is to voluntarily cancel their Membership and terminate this Agreement.

Members participating on peer network teams, educational sessions, or similar activities  will each be required to sign a Code of Conduct that is substantially similar to section 7. 

1. You may not terminate a BFS Membership before the end of the Term because doing so will negatively impact the membership experience for the other Members of Member’s Team.
2. In the event that the Member has a conflict with another Member of their team, we will make our best effort to place the Member on another team.
3. After the Initial Term, a Member may cancel their membership by providing a 60-day written notice. The membership will end once the notice period is complete.
4. Notwithstanding the foregoing, BFS may terminate Member’s Membership at any time at BFS’ sole discretion and you will not be eligible for a refund of any of the Member's membership fee paid to BFS prior to termination.
5. You agree, during the Term and all times thereafter, not to publish or communicate in any way, whether orally or in writing (including, but not limited to, writings that appear in any electronic format), any statements, comments, or representations of any kind based on or arising out of your BFS Membership which are derogatory toward, negative, or detrimental to the Covered Parties.

7. Code of Conduct

You are expected to be accountable to the other Members of your Team by using your best efforts to attend each Team Meeting.

1. You are required to attend all Team Meetings, however, if you miss two meetings during the Term, BFS reserves the right to terminate your membership.
2. If you cannot attend a Meeting, so that the Team can prepare accordingly, please notify BFS via email to support@bfsnetwork.com by 9 am EST on the morning of your Team’s meeting. Please note that sending a text message to your Team’s Moderator or to a BFS executive is not an acceptable method of notification.
3. In the event that you miss one of your Team’s Meetings, we invite you to review the recap from that meeting, but please note that, in an effort to ensure maximum confidentiality at each meeting, BFS will not share a recording of the Meeting with you.

The success of the BFS Peer Network program depends on the spirit of collaborative learning where each member is an active participant in their team meetings by sharing your insights, related experiences, case studies and best practices and by asking questions of your fellow Members.

You shall maintain high standards of ethical & professional conduct and you should refrain from all illegal and morally reprehensible conduct.

1. Generosity and sharing are the foundation of the BFS Network, nevertheless, You are expected to be respectful with your requests for information, advice and recommendations from other Members.
2. You are encouraged to meet with other Members outside of the monthly meetings and to do so in a manner that is respectful of their time.

We welcome and support people of all backgrounds and identities because different people have different perspectives on issues, and that can be valuable for solving problems or generating new ideas. No one approach is the right way, and all ideas and suggestions should be valued and appreciated. 

You shall:

1. Listen to and consider different perspectives with an open mind.
2. Share your experiences where appropriate and refrain from giving unsolicited advice to other Members
3. Arrive at your Team’s Meeting on time, logged in from a quiet place with limited distractions, a secure internet connection, your camera on and fully engaged & present during the meeting.
4. Refrain from defaming another Member (including the Member’s business and/or its employees) in any form, for any reason, to any person, including but not limited to, other BFS CEO Mastermind Members and non-Mastermind Members.
5. Be mindful of how much time you speak at meetings and leave space for other Members to participate in the meetings.
6. Vulnerable - During your Team meetings, you are expected to go beyond the superficial answer and engage in a deeper, more meaningful discussion of the topic at hand.

1. Confidentiality; No Recording - The unlimited possibilities of our BFS Network are realized when our Members form a zone of trust with each other that enables you to explore and discuss sensitive and confidential matters with other Members in a supportive environment.
2. Members (or any person affiliated with a Member) may not record any Meeting, or utilize the name, image or likeness of any Member or person from BFS without the foregoing’s prior written consent, or otherwise quote or attribute any statements of such persons in a Meeting to any person who is not subject to the confidentiality terms herein. See also your additional Confidentiality se forth herein. Recording includes using an AI transcription service.
3. During the Term, you may be provided with or become aware of certain Confidential Information (as defined below) of other Members, its affiliates, employees, clients, prospects, suppliers, distributors, business partners and other parties (the “Disclosing Member”) and other Covered Parties and you agree to maintain such Confidential Information in strict confidence pursuant to the terms of this Agreement.
4. You shall, at all times, during and after the duration of the Term and your membership, respect and preserve the privacy of the Disclosing Member.
5. “Confidential Information” means any non-public information, no matter how obtained, that is clearly identified as proprietary or confidential, or which by its nature should be reasonably construed to be confidential including, without limitation, any and all processes, know-how, business methods, creative methods, trade secrets, research, customer lists, customer needs, prices, costs, marketing plans, strategy, sales, financial information and personal and family information regarding BFS, its employees, consultants, owners, managers, and each other Member (collectively, the “Covered Person”) . “Confidential Information” also includes any material or information relating to Company or Company’s business or financial condition, affairs or operations of any entity owned or controlled by Company. This Agreement and the terms herein, is confidential information of Company.
6. You acknowledge and agree that:
   1. each Team Meeting will be recorded for BFS’ internal note-taking purposes and the audio recording will not be shared with any Member, in any format and under any circumstances; and
   2. you will be identified publicly by BFS as a BFS Member.
   3. BFS shall adhere to the aforementioned confidentiality & nondisclosure provisions regarding information that you disclose in the Team Meetings and with any BFS representative.

1. The purpose of the BFS Peer Network program is to provide a safe forum where Members can engage in collaborative learning by sharing their experiences and insights with other Members in an environment that is devoid of commercialization, marketing campaigns and sales pitches.
2. Therefore, you shall refrain from promoting your or your company’s products and services (“Services”) to other Members in any forum or platform that is owned and operated by BFS, under any circumstance.

You release and hold harmless BFS and its affiliates and their owners, directors, successors, employees, assigns, licensees, and legal representatives from any liability concerning any accident, injury, illness, death, loss, damage to person or property, or other consequences suffered by You arising or resulting directly or indirectly from Your use of the Services, Your purchase and use of BFS products, Your participation in recreational or fitness activities, and Your use of the License under this Agreement. You acknowledge and agree that recreational and fitness activities are physically demanding and may not be appropriate for everyone. You acknowledge and agree that the Services simply include general information and are not a substitute for medical or healthcare advice. You should seek the advice of a physician or other qualified healthcare professional if You experience any condition (medical or otherwise) in connection with the Services, products or activities or that may cause injury or health issues, and generally before beginning these or any other exercise or recreational activities. We assume no responsibility for any consequence relating directly or indirectly to any act or omission an Instructor or other third party may take based on the Services, products, or activities, or the information, services, or other content provided on Our Website or elsewhere.

The content has been prepared and/or obtained for education and entertainment purposes only and is not intended to provide legal, medical, tax, professional, or other advice. You acknowledge that BFS and its affiliates and their owners, directors, successors, employees, assigns, licensees, and legal representatives do not promise or guarantee that the content is correct, complete, or up to date.

BFS Network is committed to making our website's content accessible and user friendly to everyone. If you are having difficulty viewing or navigating the content on this website, or notice any content, feature, or functionality that you believe is not fully accessible to people with disabilities, please call our Customer Service team by emailing our team at legal@bfsnetwork.com with “Disabled Access” in the subject line and provide a description of the specific feature you feel is not fully accessible or a suggestion for improvement.  We take your feedback seriously and will consider it as we evaluate ways to accommodate all of our customers and our overall accessibility policies.  Additionally, while we do not control such vendors, we strongly encourage vendors of third-party digital content to provide content that is accessible and user friendly.

The content or Our Website may include third party intellectual property, whether informational, comparative, or with permission.  Just because we do this does not mean that You can, or that You should.  We undertake our own assessments respecting our content, just as You should.  You agree that We do not have any liability for infringement of anyone else’s intellectual property rights if You replicate any use of third-party intellectual property in the Services and You agree to indemnify us (including for reasonable attorneys’ fees) if Your use of anyone else’s intellectual property rights results in Us getting accused of violating that person’s rights.

You warrant and represent that Your performance under this Agreement and use of the Services and products will comply with all applicable laws, rules, regulations, including teaching, training, advertising, marketing, electronic communication, solicitation, mobile device communication, telephone, fax, privacy, collection, and intellectual property laws, and that Your use does not and will not conflict with any other obligations to third parties that You have or undertake in the future. If You violate this promise to Us, You agree indemnify and hold harmless BFS and its affiliates and their owners, directors, successors, employees, assigns, licensees, and legal representatives from any claims, damages, or expenses (including reasonable attorneys’ fees) that result from the conflict.

You agree to hold harmless, indemnify, and defend BFS and its affiliates and their owners, directors, successors, employees, assigns, licensees, and legal representatives for any and all claims, damages, costs, or expenses (including reasonable attorneys’ fees) that arise directly or indirectly from (a) Your breach of this Agreement or the incorporated Privacy Policy or Intellectual Property Agreement, (b) Your activities related to Our Website or Your related activities, (c) anything You submit to Us or post on Our Website, and (d) Your use of the Services or products in a way that is not consistent with any instruction provided by Us (including in product manuals). You acknowledge and agree that We may investigate violations of this Agreement (including gathering information in response to complaints by or about You) and authorize Us to cooperate with law enforcement, system administrators, third party service providers, or other third parties to investigate violations or enforce this Agreement. You agree to waive and release BFS or anyone acting for it from any claims that result from the investigation or enforcement of this Agreement.

Any dispute or claim relating in any way to Your use of any of the Services, access to the content on Our Website, or concerning any products or services sold or distributed by BFS or through BFSnetwork.com will be resolved by individual (non-class) binding arbitration, rather than in court. The Federal Arbitration Act and federal arbitration law, and the laws of the State of New York without regard to conflicts of laws principles, apply to this Agreement. You agree that the arbitration will be conducted in New York County, New York.

To begin an arbitration proceeding, You must send a letter requesting arbitration and describing Your claim to the attention of Our legal department at the address in this Agreement. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes (if applicable). The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879. AAA rules govern payment of all filing, administration and arbitrator fees. You agree to pay half of the arbitration costs no matter what.

We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration, We each waive any right to a jury trial. We also both agree that You or We may bring suit in court to enjoin infringement or other misuse of intellectual property rights.  To be clear:

YOU AGREE TO WAIVE YOUR RIGHT TO A JURY TRIAL.  

YOU WAIVE YOUR RIGHTS TO ANY DEFENSE BASED ON PERSONAL JURISDICTION, VENUE OR AN INCONVENIENT FORUM.  

YOU AGREE NOT TO SERVE AS A REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO BE A MEMBER OF A CLASS, IN ANY ACTION INVOLVING ANY DISPUTE WITH US.

Whenever You give Us any notice, it must be in writing to the attention of The BFS Group, LLC’s Legal Department at Our address in this Agreement. We must actually receive Your notice and You must have tracking information to prove We did. Whenever We give You any notice, We may email You or send You notice at any address where You are or may be found or that You provide Us when You use Our Website. Our notice is effective upon emailing (absent undeliverable return message), three (3) days after mailing in the same country, and seven (7) days after mailing internationally.  Email is NOT sufficient for legal notices, but email to the address here at the time You dispatch the notice IS required for Your notice to be effective.

Mandatory Email at Time of Dispatch of Notice:  legal@bfsnetwork.com

Sometimes unforeseen events may delay Your shipment or our providing of the Services, like extreme weather, internal or vendor-related delays, acts of god, government regulations or actions, pandemic and so forth, shipments or Service availability may be delayed or compromised. You agree that We are not liable for anything that results from these things that are outside Our control or not a result of Our intentional acts or omissions.