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What are Banzai's Terms of Use?

Thank you for your interest in Banzai. Before proceeding, please take a moment to read these terms which apply to your use of Banzai and its related services.

  1. Parties
  2. This agreement is between you and Banzai Inc., Banzai's owner.

  3. Definitions

  4. The words "Banzai", "we", "us", and "our" refer to Banzai Inc.
  5. "Services" refers to all services provided by the Banzai web application ("Web Application").
  6. "Data" refers to transactions you enter or upload to the Web Application which are associated with your account.

  7. Application

  8. By creating a user account with the Web Application, you acknowledge that you agree to these terms.

  9. Provision of Services

  10. Both you and we agree that either you or we may terminate this agreement at any time, for any reason, without prior notice.
    1. You may terminate this agreement by closing your account with the Web Application and requesting that your user data be permanently deleted.
    2. We may terminate this agreement at any time by closing your account with the Web Application and permanently deleting your user data.
  11. We reserve the right to change the Services in any way, at any time, including by ceasing to provide access to the Services entirely.

  12. Your Use of the Services

  13. You agree that if you are not capable of entering into a legally-binding contract with us, you will not use the Services, unless you are doing so under the direction of a qualified educational professional.
  14. If you are signing up to use the Web Application as a student, you agree to provide your truthful birth date so that we may ensure compliance with the Children's Online Privacy Protection Act.
  15. You agree to keep the password(s) you use to access the Services confidential and to immediately notify us at support@teachbanzai.com if you have any reason to believe that your account has been compromised.
  16. You agree not to use the Services in any way that would detrimentally impact the experience of other users.
    1. This includes, but is not limited to, agreeing to forbear from the following activities:
      1. Attempting to access the account of another user without their authorization
      2. Making excessive requests of our web, application, or database servers
      3. Interacting with the Services in any automated fashion, such as by using a script
      4. Attempting to access administrative accounts or functions associated with the Services
  17. We reserve the right to immediately suspend or terminate your access to the Services in the event that you violate any portion of these Terms of Use.
  18. Access to Services
  19. In the event that you choose to close your account, you will permanently and irrevocably lose access to your Data.
  20. We reserve the right to terminate access to your Web Application account if more than one year has passed since you last logged into the account, in which case you will permanently and irrevocably lose access to your Data.
  21. Privacy
  22. We agree to respect your privacy as described in our Privacy & Security Policy.
  23. EXCLUSION OF WARRANTY / LIMITATION OF LIABILITY
  24. NOTHING IN THIS AGREEMENT SHALL EXCLUDE OR LIMIT OUR WARRANTY OR LIABILITY FOR LOSSES WHICH APPLICABLE LAW INDICATES MAY NOT BE EXCLUDED OR LIMITED. ONLY THE LIMITATIONS WHICH APPLY TO YOUR JURISDICTION APPLY TO YOU. OUR LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY THE LAW. IN THE EVENT THAT A WARRANTY OR LIMITATION OF LIABILITY MAY ONLY BE LIMITED BY A BINDING CONTRACT, YOU AGREE THAT THESE TERMS OF USE CONSTITUTE SUCH A BINDING CONTRACT.
  25. YOU AGREE THAT THE SERVICES ARE PROVIDED ON AN "AS IS" BASIS AND THAT WE PROVIDE NO WARRANTY OF ANY KIND, INCLUDING WARRANTIES OF FITNESS, ACCURACY, OR FREEDOM FROM DEFECT. YOU FURTHER AGREE THAT WE MAKE NO REPRESENTATION OR WARRANTY AS TO THE ACCURACY OF CONTENT OBTAINED FROM THE BLOG OR THE FORUMS OF WHICH WE ARE NOT THE AUTHOR.
  26. YOU ACKNOWLEDGE AND AGREE THAT NO INFORMATION YOU RECEIVE FROM US OR FROM ANYONE AFFILIATED WITH US (INCLUDING OUR SPONSOR PARTNERS) CONSTITUTES INVESTMENT, TAX, LEGAL, OR OTHER COUNSEL FOR WHICH LICENSURE IS REQUIRED IN YOUR JURISDICTION. WE STRONGLY URGE YOU TO SEEK OUT A QUALIFIED FINANCIAL ADVISOR, TAX ACCOUNTANT, OR ATTORNEY (OR THEIR EQUIVALENTS IN YOUR JURISDICTION) FOR SPECIFIC ADVICE REGARDING THESE MATTERS.
  27. YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES SHALL WE OR OUR AFFILIATES (INCLUDING OUR SPONSOR PARTNERS) BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES OR DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA OR USE, WHETHER IN AN ACTION FOR CONTRACT OR TORT EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES ARISING FROM YOUR USE OF THE SERVICES. OUR LIABILITY FOR DAMAGES SHALL IN NO EVENT EXCEED THE AMOUNT THAT YOU PAID TO ACCESS THE SERVICES.
  28. Changes to These Terms
  29. In the event that this policy changes in the future, this document will be updated to reflect those changes.
  30. You agree that your continued use of the Services after the effective date of the changes constitutes your acceptance of the revisions whether or not you were aware of them, so long as the new terms were made publicly available as outlined above.
  31. Copyrights, trademarks, and service marks
  32. We claim copyright for and reserve all rights related to the look and feel of all aspects of the Services designed by us which have been implemented by us or our agents. You are not permitted to copy these design elements without our express written consent.
  33. “Banzai” and the Banzai logo are registered trademarks of Banzai.
  34. “Teach the value of a dollar” and “Banzai Jars” are trademarks of Banzai and may not be copied or used without our express written consent.
  35. Other Items
  36. Our Agreement, and all matters arising out of or relating to our Agreement is to be performed in the State of Utah, shall be governed by the laws of the State of Utah, without giving effect to principles regarding conflicts of laws, and shall be deemed to be executed in Provo, Utah. You agree that the exclusive venue for resolution of matters arising out of or relating to this Agreement shall be the state and Federal courts located in Utah County, Utah.
  37. If any provision of this Agreement is held to be invalid or unenforceable, you agree that the remaining provisions of this Agreement will remain in full force.
  38. This Agreement constitutes the entire agreement between you and us and supersedes all other statements, agreements or representations, written or oral, except subsequent modifications to this Agreement made by us as described elsewhere in the Agreement.
  39. Contact Information
  40. If you have questions or concerns concerning these terms, feel free to contact us via email at legal@teachbanzai.com or by letter at Banzai Inc., 2545 North Canyon Road, Suite 210, Provo, Utah 84604-5916.
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