Agreement between User and BizArchMastery.com
BizArchMastery.com is a News and Information Site, which contains educational resources that may be applied by business professionals for the successful practice and leverage of business architecture1.
Visiting BizArchMastery.com or sending emails to Biz Arch Mastery constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Biz Arch Mastery is not responsible for third party access to your account that results from theft or misappropriation of your account. Biz Arch Mastery and its associates reserve the right to refuse, revoke or cancel service, terminate accounts, or remove or edit content in our sole discretion.
Children Under Thirteen
Biz Arch Mastery does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use BizArchMastery.com only with the permission of a parent or guardian.
Links to Third Party Sites/Third Party Services
BizArchMastery.com may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of Biz Arch Mastery and Biz Arch Mastery is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Biz Arch Mastery is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Biz Arch Mastery of the site or any association with its operators.
Certain services made available via BizArchMastery.com are delivered by third party sites and organizations. By using any product, service, or functionality originating from the BizArchMastery.com domain, you hereby acknowledge and consent that Biz Arch Mastery may share such information and data with any third party with whom Biz Arch Mastery has a contractual relationship to provide the requested product, service or functionality on behalf of BizArchMastery.com users and customers.
Tiers and Cohorts
You can go to Biz Arch Mastery Tiers and Pricing for a complete description of the three-tier options. Users that join at Tier Level 2 and 3 (Inner Circle and Tribal Leaders) are considered registrants of a cohort – companions that are joined in collective group coaching and instruction. Admission into a cohort is based on first-come, first-serve open enrollment. Cohort registrants join the next active cohort that has a vacancy. Once a cohort is filled, no further registrants will be accepted. Signing up for a cohort locks you into the next available cohort. A cohort waiting list may be available for registrant sign up.
Tier Structure, Terms, and Cancellation
Registrants are signed up for a 12 month period counted from the day you sign up. Inner Circle and Tribe Leader subscribers are auto-renew in the 13th month unless you cancel your subscription. For example, if an associate enrolled and paid for Tier 2 engagement on October 21, 2020, the first month would be measured from October 21, 2020 through November 20, 2020. The full year's enrollment would be measured from October 21, 2021, through October 20, 2021. Associates that sign up for Inner Circle or Tribal Leaders may cancel services at any time. Cancellation is finalized at the close of the month in which you register. For example, if you enroll on October 21, 2020 and cancel your service on July 1, 2021, you will receive service through July 20, 2021, with an inactive account as of July 21, 2021. A prorated refund will be issued on the remaining subscription. For example, if you cancel in month 8, you will be refunded for the remaining four full months (months 9 through 12).
Upgrading and Downgrading Subscription
Biz Arch Mastery provides the flexibility to move up or down in our tiered offerings. In other words, you can upgrade or downgrade your subscription level. To upgrade your level of engagement with Biz Arch Mastery, simply purchase a higher tier. For example, if you initially joined at the Basic (free) level and you wish to become a paid subscriber as an Inner Circle participant, simply click Inner Circle "Add to Cart" and complete your transaction. The same process works for upgrading from Inner Circle to Tribe Leader. You do not have to cancel your previous plan. The Biz Arch Mastery system will credit you for payments already made and charges you accordingly for the upgrade to a higher plan. If you wish to downgrade your level of participation, simply purchase a lower tier. For example, if you joined at the Tribe Leader level and wish to participate at the Inner Circle level, simply click Inner Circle "Add to Cart" and complete your transaction. You do not have to cancel your previous plan. The Biz Arch Mastery system will refund you the unused portion of your previous subscription and will adjust your charges moving forward.
All pricing displayed on Biz Arch Mastery is in United States Dollars (USD). For Wire Transfers: If you are requesting a wire transfer in U.S. funds, please note that Biz Arch Mastery will assess a $20 USD surcharge to cover the bank fee. There is a $45 USD surcharge if you are requesting to transfer funds in non-U.S. currency. The merchant name will appear as S2ETransformation on credit card transactions.
No Unlawful or Prohibited Use/Intellectual Property
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Biz Arch Mastery or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends, or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Biz Arch Mastery content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular, you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use and will make no other use of the content without the express written permission of Biz Arch Mastery and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Biz Arch Mastery or our licensors except as expressly authorized by these Terms.
Certain BizArchMastery assets in the form of downloadable content that are clearly identified by the Creative Commons 4.0 license grant the User the privilege to distribute and make derivative use of identified content provided the User properly credits the source of the original creation to S2E Transformation. For a complete description of CC 4.0 and its legal code, please refer to Attribution 4.0 International (CC BY 4.0).
Use of Communication Services
The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"). You agree to use the Communication Services only to post, send, and receive messages and material that are proper and related to the particular Communication Service.
By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded; restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.
Biz Arch Mastery has no obligation to monitor the Communication Services. However, Biz Arch Mastery reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Biz Arch Mastery reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
Biz Arch Mastery reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process, or governmental request, or to edit, refuse to post, or to remove any information or materials, in whole or in part, in Biz Arch Mastery's sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Biz Arch Mastery does not control or endorse the content, messages, or information found in any Communication Service and, therefore, Biz Arch Mastery specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Biz Arch Mastery spokespersons, and their views do not necessarily reflect those of Biz Arch Mastery.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction, and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.
Materials Provided to BizArchMastery.com or Posted on Any Biz Arch Mastery Web Page
Biz Arch Mastery does not claim ownership of the materials you provide to BizArchMastery.com (including feedback and suggestions) or post, upload, input or submit to any Biz Arch Mastery Site or our associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing, or submitting your Submission you are granting Biz Arch Mastery, our affiliated companies, and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. Biz Arch Mastery is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Biz Arch Mastery's sole discretion.
By posting, uploading, inputting, providing, or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
The Service is controlled, operated, and administered by Biz Arch Mastery from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Biz Arch Mastery Content accessed through BizArchMastery.com in any country or in any manner prohibited by any applicable laws, restrictions, or regulations.
You agree to indemnify, defend and hold harmless Biz Arch Mastery, its officers, directors, employees, agents, and third parties, for any losses, costs, liabilities, and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Biz Arch Mastery reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Biz Arch Mastery in asserting any available defenses.
In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator's award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding, or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.
Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Biz Arch Mastery agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. BIZ ARCH MASTERY AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
BIZ ARCH MASTERY AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. BIZ ARCH MASTERY AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
Biz Arch Mastery reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of New York and you hereby consent to the exclusive jurisdiction and venue of courts in New York in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Biz Arch Mastery as a result of this agreement or use of the Site. Biz Arch Mastery's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Biz Arch Mastery's right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Biz Arch Mastery with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Biz Arch Mastery with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the user and Biz Arch Mastery with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish of the parties that this agreement and all related documents be written in English.
Changes to Terms
Biz Arch Mastery reserves the right, in its sole discretion, to change the Terms under which BizArchMastery.com is offered. The most current version of the Terms will supersede all previous versions. Biz Arch Mastery encourages you to periodically review the Terms to stay informed of our updates.
Biz Arch Mastery welcomes your questions or comments regarding the Terms:
Biz Arch Mastery
319 Lafayette Street
New York, New York 10012
Effective as of 06 February 2020. Revised: 26 October 2020.
- 1. Business architecture as defined by the Federation of Enterprise Architecture Professional Organizations (FEAPO), business architecture “represents holistic, multidimensional business views of: capabilities, end-to-end value delivery, information, and organizational structure; and the relationships among these business views and strategies, products, policies, initiatives, and stakeholders.”