GUEST AGREEMENT & CONSENT
TERMS OF SERVICE
PRIVACY POLICY
GUEST AGREEMENT & CONSENT
Consent to be recorded: Any Guest appearing on the Productivity Gladiator® show and all related programs (“Podcast”), consents to the audio and video recording of their voice, name, image, brand and all other video and audible assets recorded as part of their appearance on the Podcast (“Recording”).
Broadcast the recording: The Guest further consents to the distribution and broadcast of their appearance, including any information and content they provide, in audio, video, visual, or text form, including without limitation the name of their employer, without restriction.
No Compensation: The Guest will receive no monetary compensation for their appearance.
Ownership of Episode and Recording: BNP Endeavors LLC and Productivity Gladiator® (“Producer”) own the rights, title, and interest in and to the Recording and all intellectual property rights including rights under copyright. All such rights, including all rights to the Recordings, are transferred and assigned to the Producer.
Publish all content: The Guest is granting the Producer and its direct and indirect licensees an exclusive, irrevocable, royalty-free, perpetual, worldwide license to publish any copyrighted work the Guest supplies as part of their appearance on the Podcast.
Right to publicize: The Guest is waiving any right to publicity and privacy claims and any moral rights, and agrees their name, employer’s name, likeness, and business information may be used by the Producer in the episode in which the Guest appears, future reproductions and the marketing materials supporting the Producer or the Podcast such as teaser videos, video ads, testimonials, reviews, audio clips, and other distributions of this Podcast. Information shared by the Guest will, in no case, include any proprietary, sensitive, or confidential information of any individual or entity.
Right to edit the content: The Producer is the sole owner of any and all rights to the Podcast and Recording, including the episode in which the Guest appears. The Guest further agrees that the Producer has the right to edit the content of the Guest’s appearance and publish the same in any media now and in the future without first getting the Guest’s approval or the Guest’s employer’s approval.
Liability release: The Guest is releasing and discharging Producer and the Podcast, together with the Producer and the Podcast’s principals, equity holders, officers, employees, agents, successors, and assignees (“All Related Parties”) from all liability relating to the Guest’s appearance on the Podcast or the subsequent reproduction and distribution of the episode in which the Guest appears in any medium.
Indemnification: The Guest agrees to indemnify, defend and hold harmless the Producer and the Podcast and all of their respective principals, equity holders, officers, employees, agents, successors, and assigns from any and all claims, damages, liability, losses and expenses (including reasonable attorneys’ fees, court costs and disbursements) arising out of or relating to any breach by me of this Release.
Guest is allowed to agree to this: The Guest represents and warrants that they have the right and authority to enter this Agreement and grants the Producer the rights set forth. This Agreement makes up the entire agreement between the parties and supersedes all previous agreements related to the subject.
TERMS OF SERVICE
1. TERMS
By accessing the website at http://www.productivitygladiator.com, a website operated by BNP Endeavors LLC, you are agreeing to be bound by these terms of service, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this website are protected by applicable copyright and trademark law.
2. USE LICENSE
Permission is granted to temporarily download or view one copy of the materials (information or software) on Productivity Gladiator's website for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
modify or copy the materials;
use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
attempt to decompile or reverse engineer any software contained on Productivity Gladiator's website;
remove any copyright or other proprietary notations from the materials; or
transfer the materials to another person or "mirror" the materials on any other server.
This license shall automatically terminate if you violate any of these restrictions and may be terminated by Productivity Gladiator® at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
3. DISCLAIMER
The materials on www.productivitygladiator.com are provided on an "as is" basis. Productivity Gladiator® makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights.
Further, Productivity Gladiator® does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its website or otherwise relating to such materials or on any sites linked to this site.
4. LIMITATIONS
In no event shall Productivity Gladiator® or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on Productivity Gladiator's websites, even if Productivity Gladiator® or a Productivity Gladiator® authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
5. ACCURACY OF MATERIALS
The materials appearing on Productivity Gladiator's website could include technical, typographical, photographic, audiographic, and videographic errors. Productivity Gladiator® does not warrant that any of the materials on its website are accurate, complete or current. Productivity Gladiator® may make changes to the materials contained on its website at any time without notice. However Productivity Gladiator® does not make any commitment to update the materials.
6. LINKS
Productivity Gladiator® has not reviewed all of the sites linked to its website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Productivity Gladiator® of the site. Use of any such linked website is at the user's own risk.
7. MODIFICATIONS
Productivity Gladiator® may revise these terms of service for its website at any time without notice. By using this website you are agreeing to be bound by the then current version of these terms of service. Dates of the changes will be posted on the website indicating the new effective date. Continued use after the effective date constitutes acceptance of those changes.
If any portion of these terms are modified or terminated, any and all other provisions shall remain in effect.
8. GOVERNING LAW
This Website shall be governed by the laws of the United States, including federal copyright and trademark laws, and the laws of the Virginia applicable to contracts entered into and to be wholly performed therein without regard to conflict of laws or choice of law principles. By visiting and using this Website, You consent to the jurisdiction of the courts presiding in the District of Columbia and You agree to accept service of process by mail. You hereby waive any and all jurisdictional and venue defenses that might otherwise be available.
9. COOKIES
You should be aware that non-Personal Information and data may be automatically collected on the Website through the use of “cookies.” “Cookies” are small text files stored as text on a computer hard drive. Websites can use “cookies” to recognize repeat visitors, facilitate the visitor’s ongoing access to and use of a site, and allow a site to track usage behavior and compile aggregate data that will allow content improvements. “Cookies” are not programs that come onto a visitor’s system and damage files. The use of “cookies” is common in the Internet industries, and many major websites use them to provide useful features to their customers. Generally “cookies” work by assigning a unique number to the visitor that has no meaning outside the assigning site. If a visitor does not want information collected through the use of “cookies,” there is a simple procedure in most browsers that allows the visitor to deny or accept the cookie feature. This website may use “cookie” technology, but only to obtain non-Personal Information from online visitors in order to improve their online experience and facilitate their visit within the Website.
10. DISPUTE RESOLUTION
Any action based on a breach of the terms herein shall be brought to the federal or local courts presiding in Florida, United States, whichever is appropriate, and to whose jurisdiction You consent in such an action. If a breach is found by the court, the court shall have the right to issue an injunction, and grant to BNP Endeavors LLC its damages and attorneys’ fees and such other and further relief as the court may deem appropriate.
11. INTELLECTUAL PROPERTY LIMITATION OF LIABILITY
This Website respects the intellectual property of others, and we ask visitors to our Website to do the same. If You believe your work has been used in a way that constitutes copyright infringement, the following information in the form of a written notification (pursuant to 17 U.S.C. § 512(c)) must be provided to the designated Copyright Agent of BNP Endeavors LLC:
Identification of the copyrighted work(s) that You claim has been infringed;
Identification of where the material that You claim to be infringing is located on the Site;
A statement that You have a good faith belief that use of the disputed material is not authorized by the copyright owner, its agent, or the law, including the law of copyright fair use;
A statement that the information in the notification is accurate, and under penalty of perjury, that You are the owner of an exclusive copyright that is allegedly infringed or are authorized to act on the copyright owner’s behalf;
Your address, telephone number, and e-mail address; and
Your physical or electronic signature.
The designated agent of BNP Endeavors LLC for notification of claims of copyright infringement on this Website is Brian Nelson-Palmer, who can be reached as follows:
Email: productivitygladiator@gmail.com
Similarly, if you believe any of your trademarks or service marks have been infringed, or if you believe that your image has been used without your consent, please notify the designated agent of BNP Endeavors LLC.
12. Accessibility Compliance
BNP Endeavors LLC strives to make our platforms accessible to all users, including those with disabilities. We acknowledge that we may not be fully compliant with all accessibility laws and guidelines. We encourage users with accessibility needs to reach out to us with any concerns or suggestions for improvement. We are committed to continually enhancing the accessibility of our platform to ensure equal access for all users. However, by accessing and using our platform, you acknowledge that we cannot guarantee full compliance with all accessibility standards at all times. We disclaim any liability for issues related to accessibility and urge users to inform us of any accessibility barriers they encounter so that we may attempt to address them. Not all issues may be within our power to remediate.
13. Data & Security Crisis Scenarios
BNP Endeavors LLC has developed and implemented policies and procedures to safeguard the confidentiality, security and integrity of data on the Productivity Gladiator platform. However, the transmission of data over the internet is never 100% secure or error-free.
In the event of a security breach, cyber-attack, viral infection or other malicious incident (a "Security Event") that compromises or is reasonably likely to compromise the confidentiality, security or integrity of your personal information, BNP Endeavors LLC will undertake reasonable measures to contain, investigate, and mitigate the Security Event.
If BNP Endeavors LLC determines that a Security Event poses a significant risk of harm to you or your personal information, BNP Endeavors LLC will take appropriate steps to notify you of the Security Event in accordance with applicable laws and regulations.
In such circumstances, BNP Endeavors LLC reserves the right to suspend access to the Productivity Gladiator platform, in whole or in part, in order to minimize or prevent further risk and harm. BNP Endeavors LLC shall not be liable for any losses or damages resulting from any interruption, suspension or termination of the Productivity Gladiator platform or services in response to a Security Event.
You agree that BNP EndeavorsLLC may take any lawful actions it deems necessary or appropriate under the circumstances to preserve the confidentiality, security and integrity of data on the Productivity Gladiator platform, including disabling or removing any account accessing the platform.
BNP Endeavors LLC's obligation to mitigate harmful effects will be satisfactorily met upon taking these actions. Under no circumstances shall BNP Endeavors LLC be liable for any direct, indirect, incidental or consequential damages resulting from a Security Event.
Online Courses And Membership
In 2024, Productivity Gladiator added an online course and membership platform. All of the Terms Of Service and Privacy Policy on this page also apply to the Online Courses And Memberships, and these terms below were added on. This includes all third party sites for Productivity Gladiator operated by BNP Endeavors LLC.
14. User Conduct and Responsibilities
As a member of the Productivity Gladiator community, you agree to use the website, courses, and related services in a manner that is legal, ethical, and respectful of others. You understand and agree to the following:
a) You shall not engage in any conduct that is abusive, threatening, obscene, defamatory, or promotes discrimination based on race, gender, religion, nationality, disability, sexual orientation, or age.
b) You shall not upload, post, email, or transmit any content that infringes upon the intellectual property rights of others or contains viruses or other malicious code.
c) You shall not use the Productivity Gladiator platform for any illegal or unauthorized purposes, including but not limited to fraud, hacking attempts, or spreading malware.
d) You are solely responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your account. BNP Endeavors LLC shall not be liable for any losses arising from the unauthorized use of your account.
e) You agree to promptly notify BNP Endeavors LLC of any unauthorized use of your account or any other breach of security.
f) BNP Endeavors LLC reserves the right, in its sole discretion, to terminate or suspend your account and access to the Productivity Gladiator platform if you violate these Terms of Service, without notice or liability.
By using Productivity Gladiator, you acknowledge and agree to comply with these User Conduct and Responsibilities requirements. BNP Endeavors LLC shall not be liable for any damages, losses, or causes of action arising out of or relating to your conduct or the conduct of other users.
15. Limitation of Liability
In no event shall BNP Endeavors LLC or its affiliates, directors, officers, employees, agents, or third-party partners be liable for any indirect, special, incidental, consequential, or punitive damages, including but not limited to personal injury, loss of data, loss of profits, or business interruption arising out of or relating to your use or inability to use the Productivity Gladiator platform and services.
The Productivity Gladiator courses, materials, and information are provided on an "as is" basis without warranties of any kind, either express or implied, including but not limited to warranties of title, merchantability, fitness for a particular purpose, or non-infringement.
The information, content, and materials provided through the Productivity Gladiator platform, including courses, videos, guides, and any other products or services, are intended for educational and informational purposes only. They should not be construed as professional advice or instruction.
Any products, services, ideas, tips, or recommendations accessed through the platform are used solely at your own risk. BNP Endeavors LLC does not assume any responsibility or liability for the accuracy, completeness, safety, legality or application of any transactions, interactions or communications you may have as a result of accessing the platform.
It is your responsibility to evaluate the accuracy, completeness and usefulness of any information, opinions, advice, services or other content available through the Productivity Gladiator platform. You are solely responsible for the results obtained from implementing any ideas or strategies acquired through use of the platform.
Please consult appropriate professionals for advice concerning legal, financial, medical, business, or other regulated endeavors before making any decisions that could result in legal, financial or other substantive impact.
BNP Endeavors LLC does not warrant that the Productivity Gladiator platform or services will be uninterrupted, error-free, or secure. You acknowledge that your use of the platform and services is at your sole risk.
BNP Endeavors LLC and its affiliates, employees, agents, and third-party partners provide no warranties and disclaim all liability for any claims, losses or damages arising directly or indirectly from your reliance on the information, content, guidance, or application of techniques described on the Productivity Gladiator platform.
In no event shall BNP Endeavors LLC's total liability to you for all damages, losses, and causes of action exceed the amount paid by you, if any, for accessing the Productivity Gladiator platform and services during the twelve (12) months preceding your claim.
Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
By using the Productivity Gladiator platform and services, you understand and agree that any claim against BNP Endeavors LLC shall be limited by the foregoing terms.
16. Data Protection
BNP Endeavors LLC is committed to protecting your personal information. Please review our Privacy Policy, which explains how we collect, use, disclose, and safeguard the personal information you provide when using the Productivity Gladiator platform and services.
By using the Productivity Gladiator platform, you consent to the collection, use, and disclosure of your personal information in accordance with the Privacy Policy. If you do not agree with the terms of the Privacy Policy, you should not use the Productivity Gladiator platform and services.
BNP Endeavors LLC may update the Privacy Policy from time to time by posting a new version on the website. You should review the Privacy Policy periodically to be informed of any changes. Your continued use of the Productivity Gladiator platform after any updates to the Privacy Policy constitutes your agreement to the new terms.
You acknowledge and agree that BNP Endeavors LLC may disclose your personal information if required to do so by law or in the good faith belief that such disclosure is necessary to comply with applicable laws, protect and defend the rights or property of BNP Endeavors LLC, or protect the personal safety of its employees, users, or the public.
17. User-Generated Content
The Productivity Gladiator platform may allow users to post, upload, or submit comments, reviews, suggestions, ideas, questions, or other content (collectively, "User Content"). You retain ownership of any intellectual property rights in the User Content you submit.
However, by submitting User Content to the Productivity Gladiator platform, you grant BNP Endeavors LLC a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such User Content in any existing or future media, for any purpose, including promotional and advertising purposes, without compensation to you.
You represent and warrant that you own or have secured all necessary rights to the User Content, and that such User Content does not infringe upon any proprietary rights, including but not limited to intellectual property rights, of third parties.
BNP Endeavors LLC reserves the right, but not the obligation, to review, edit, or remove any User Content that violates these Terms of Service or that BNP Endeavors LLC deems inappropriate, offensive, or illegal, at its sole discretion.
You are solely responsible for the User Content you submit, and BNP Endeavors LLC shall not be liable for any claims relating to the User Content posted or transmitted through the Productivity Gladiator platform.
18. Payment, Subscription, and Cancellation Terms
The Productivity Gladiator platform offers various paid membership plans and course offerings. By subscribing to a paid plan or purchasing a course, you agree to pay all applicable fees and taxes. All fees are quoted in U.S. Dollars.
For recurring membership subscriptions, your payment method on file will be automatically charged on the renewal date. It is your responsibility to keep your payment method information current to ensure uninterrupted service. If payment cannot be processed, BNP Endeavors LLC reserves the right to suspend or terminate your account and access. BNP Endeavors LLC reserves the right to modify pricing for memberships or courses at any time, and will provide notice of any pricing changes.
BNP Endeavors LLC uses third-party payment processors to bill you for membership fees and purchases made through the website. By providing your payment information, you authorize BNP Endeavors LLC's payment processor to charge the applicable fees to your payment method.
Refund Policy:
There are no refunds unless otherwise noted in writing in advance on the website (such as, for example, under the Good Gladiator Guarantee) or in writing with BNP Endeavors LLC.
BNP Endeavors LLC reserves the right to modify these Payment and Subscription Terms at any time. Continued use of the Productivity Gladiator services after such modifications constitutes acceptance of the updated terms.
You may cancel your paid membership or subscription at any time by following the cancellation procedures in your account settings. If you cancel, you will retain access until the end of your current billing cycle, and renewals will be terminated. BNP Endeavors LLC reserves the right to collect any fees owed up to the cancellation date.
BNP Endeavors LLC may suspend or terminate your account and access to the platform if payment cannot be processed, if you violate these Terms, or at its sole discretion without notice or liability. Upon termination, your rights and licenses granted herein shall immediately cease.
PRIVACY POLICY
Your privacy is important to us.
It is BNP Endeavors LLC’s policy to respect your privacy regarding any information we may collect while operating our website. Accordingly, we have developed this privacy policy in order for you to understand how we collect, use, communicate, disclose and otherwise make use of personal information. We have outlined our privacy policy below.
We will collect personal information by lawful and fair means and, where appropriate, with the knowledge or consent of the individual concerned.
Before or at the time of collecting personal information, we will identify the purposes for which information is being collected.
We will collect and use personal information solely for fulfilling those purposes specified by us and for other ancillary purposes in the operation of www.productivitygladiator.com, unless we obtain the consent of the individual concerned or as required by law.
Personal data should be relevant to the purposes for which it is to be used, and, to the extent necessary for those purposes, should be accurate, complete, and up-to-date.
We will protect personal information by using reasonable security safeguards against loss or theft, as well as unauthorized access, disclosure, copying, use or modification.
We will make readily available to customers through display on this page and our website, information about our policies and practices relating to the management of personal information.
Information submitted through the website which does not contain personal information, such as information gained through the use of online calculators, may be saved with other anonymous user data and used in further work product and research of Productivity Gladiator® & BNP Endeavors LLC.
We are committed to conducting our business in accordance with these principles in order to ensure that the confidentiality of personal information is protected and maintained. BNP Endeavors LLC may change this privacy policy from time to time at BNP Endeavors LLC’s sole discretion.
OUR COMMITMENT TO THE PRIVACY OF MINORS
BNP Endeavors LLC and Productivity Gladiator® will not knowingly collect personally identifiable information from Website visitors who are under eighteen (18) years of age. We encourage parents to speak with minors about their use of the Internet and the information they disclose online. If a minor has provided us with personally identifiable information, a parent or guardian of that minor may contact us at productivittygladiator@gmail.com if they would like us to delete that information from our records. We will use reasonable efforts to delete the minor’s information from our database.
Track Changes
Updated June 1, 2024 - Corporation Name changed from BNP Enterprises LLC to BNP Endeavors LLC
Updated Apr 5, 2024 - Added:
‘Online Courses And Membership’ section including all its terms
‘12. Accessibility Compliance’ term under the Terms of Service section
‘13. Data & Security Crisis Scenarios’ term under the Terms of Service section
“7. Modifications” term updated.
Updated Mar 23, 2023 - Added bullet under privacy clarifying that information submitted through calculator will be saved, though the information used in those calculators does not contain directly personally Identifiable Information
Updated April 9, 2022 - Added Guest Agreement Section
Page Created: Mar 5, 2019 - Terms of Service & Privacy Policy Posted