Terms & Conditions

EFFECTIVE: OCTOBER 21, 2021

These terms and conditions govern your use of this website; by using this website, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website.

LICENSE TO USE WEBSITE

Unless otherwise stated, Both Sides of the Conversation owns the intellectual property rights on the website and material on bsotc.org (the “website”). Subject to the license below, all these intellectual property rights are reserved.

You may view, download for caching purposes only, and print pages from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.

You must not:

  • republish material from this website (including republication on another website).

  • sell, rent, or sub-license material from the website.

  • show any material from the website in public.

  • reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose.

  • edit or otherwise modify any material on the website.

  • redistribute material from this website.

  • use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website.

  • use this website in any way which is unlawful, illegal, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity.

  • use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit, or other malicious computer software.

  • conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without Both Sides of the Conversation’s express written consent.

  • use this website to transmit or send unsolicited commercial communications.

  • use this website for any purposes related to marketing without Both Sides of the Conversation’s express written consent.

RESTRICTED ACCESS

Access to certain areas of this website is restricted. Both Sides of the Conversation reserves the right to restrict access to other areas of this website, or indeed this entire website, at Both Sides of the Conversation’s discretion.

If Both Sides of the Conversation provides you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential.

Both Sides of the Conversation may disable your user ID and password in Both Sides of the Conversation’s sole discretion without notice or explanation.

TERMS AND CONDITIONS OF SALE

  1. Pricing. All products listed on the Site and their descriptions, including pricing, are subject to change. Both Sides of the Conversation reserves the right to modify, suspend or discontinue the sale of any product at any time with or without notice. If a product is listed with an incorrect price or with incorrect information, we shall have the right to decline or cancel your order prior to acceptance of your order. If you have already submitted payment for your order, we will issue a refund to your credit card or PayPal account.

  2. Payment Terms. You agree to pay the price applicable for each product as of the date and time you submitted your order on the Site. We accept Visa, Mastercard, Discover and American Express credit card payments or payments made through PayPal.

  3. Product Return Policy. Both Sides of the Conversation does NOT accept returns or provide exchanges or refunds for purchased digital products or publications – no exceptions. We do NOT re-issue download links after link expiration. If your download link expires, you will need to re-purchase the product for a new download link.

  4. Shipping Policy – Physical Products. We deliver our physical products to the address you provide us at the point of sale.

  5. Product Descriptions – Both Sides of the Conversation attempts to be as accurate as possible. However, Both Sides of the Conversation does not warrant that product descriptions or other content of this Website is accurate, complete, reliable, current or error free. If a product offered by Both Sides of the Conversation is not as described, your sole remedy is to return it in unused condition.

  6. Limited Availability – Both Sides of the Conversation shall have the right to limit the number of items purchased through this Website. Both Sides of the Conversation shall have the right to refuse or cancel any order whether the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Both Sides of the Conversation shall immediately issue a credit to your credit card account in the amount of the charge.

NO WARRANTIES

ALL CONTENT, MATERIALS, PRODUCTS, SERVICES, AND INFORMATION MADE AVAILABLE ON OR THROUGH THIS WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED. SUBJECT TO THE FOREGOING, BOTH SIDES OF THE CONVERSATIONDISCLAIMS ALL IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ALL EXPRESS WARRANTIES EXCEPT THOSE EXPLICITLY MADE IN THESE TERMS AND CONDITIONS. BOTH SIDES OF THE CONVERSATIONMAKES NO REPRESENTATION THAT THE INFORMATION OR CONTENT CONTAINED ON THIS WEBSITE, YOUR RESULTS IN USING THIS WEBSITE, OR THE SERVICE ITSELF WILL BE ACCURATE, VALID, RELIABLE, COMPLETE, TIMELY OR AVAILABLE OR THAT IT DOES NOT VIOLATE OR INFRINGE THE RIGHTS OF ANY THIRD PARTY. BOTH SIDES OF THE CONVERSATIONDOES NOT WARRANT THAT THE CONTENT, MATERIALS, PRODUCTS, SERVICES, AND INFORMATION MADE AVAILABLE TO YOU THROUGH THIS WEBSITE, THEIR SERVERS, OR E-MAIL SENT FROM BOTH SIDES OF THE CONVERSATIONWILL BE UNINTERRUPTED, ERROR FREE, FREE OF VIRUSES OR OTHER HARMFUL AGENTS OR COMPONENTS, SECURE OR TIMELY. BOTH SIDES OF THE CONVERSATIONMAKES NO REPRESENTATION AND SPECIFICALLY DISCLAIMS ANY WARRANTY REGARDING ANY SITE LINKED TO THIS WEBSITE.

THIS DISCLAIMER BY BOTH SIDES OF THE CONVERSATIONIN NO WAY AFFECTS THE TERMS OF ANY MANUFACTURER’S OR THIRD-PARTY SELLER’S WARRANTY, IF ANY, RELATED TO THE GOODS PURCHASED VIA THIS WEBSITE. TITLE TO GOODS AND MERCHANDISE IS RETAINED BY BOTH SIDES OF THE CONVERSATIONUNTIL THE GOODS AND MERCHANDISE ARE PAID FOR BY THE PURCHASER AT WHICH TIME TITLE PASSES TO THE PURCHASER.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

LIMITATION OF LIABILITY

YOU AGREE THAT, EXCEPT AS OTHERWISE PROVIDED UNDER APPLICABLE LAWS, INCLUDING THOSE OF THE STATE OF CALIFORNIA, NEITHER BOTH SIDES OF THE CONVERSATIONNOR ITS AFFILIATES, NOR THE DIRECTORS, OFFICERS, OWNERS, EMPLOYEES, AGENTS, CONTRACTORS, REPRESENTATIVES, SUCCESSORS OR ASSIGNS OF EACH SHALL BE LIABLE FOR, NOR SHALL YOU BE ENTITLED TO, ANY DAMAGES WHATSOEVER ARISING OUT OF OR RELATED TO THE USE OF, OR INABILITY TO USE, THIS WEBSITE OR ANY OTHER WEBSITE LINKED TO THIS WEBSITE. THIS WAIVER OF LIABILITY APPLIES TO DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY, STATUTORY OR OTHER DAMAGES YOU OR OTHERS MAY SUFFER, AS WELL AS DAMAGES FOR LOST PROFITS, LOST REVENUE, BUSINESS INTERRUPTION OR THE LOSS OF DATA OR INFORMATION, EVEN IF BOTH SIDES OF THE CONVERSATIONIS NOTIFIED IN ADVANCE OF THE POTENTIAL FOR ANY SUCH DAMAGES AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY, STRICT OR PRODUCT LIABILITY OR OTHERWISE.

EXCEPTIONS

Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit Both Sides of the Conversation’s liability in respect of any matter which it would be illegal or unlawful for Both Sides of the Conversation to exclude or limit, or to attempt or purport to exclude or limit, its liability.

LIMITATIONS ON ACTIONS

Unless the laws of the State of California which may provide to the contrary are applicable to you, any action concerning any dispute that you may have with respect to, arising out of, or in connection with this Website must be commenced within one (1) year after the cause of the dispute first arises, and your failure to do so will permanently bar any cause of action that you may have.

REASONABLENESS

By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable. If you do not think they are reasonable, you must not use this website.

OTHER PARTIES

You accept that, as a limited liability entity, Both Sides of the Conversation has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against Both Sides of the Conversation’s officers or employees in respect of any losses you suffer in connection with the website.

Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect Both Sides of the Conversation’s officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as Both Sides of the Conversation.

UNENFORCEABLE PROVISIONS

If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.

INDEMNITY

You hereby indemnify Both Sides of the Conversation and undertake to keep Both Sides of the Conversation indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by Both Sides of the Conversation to a third party in settlement of a claim or dispute on the advice of Both Sides of the Conversation’s legal advisers) incurred or suffered by Both Sides of the Conversation arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.

BREACHES OF THESE TERMS AND CONDITIONS

Without prejudice to Both Sides of the Conversation other rights under these terms and conditions, if you breach these terms and conditions in any way, Both Sides of the Conversation may take such action as Both Sides of the Conversation deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.

THIRD PARTY WEBSITES

You agree that Both Sides of the Conversation encourages you to exercise discretion browsing the internet. Our website, products, or services may direct you to sites containing information that some people may find offensive or inappropriate. Any such link is provided solely as a convenience to you. Both Sides of the Conversation and its affiliates make no representation or warranty about the legality of any third-party website nor about its accuracy, content, products, or services. Any such website is independent from Both Sides of the Conversation, and Both Sides of the Conversation has no control over, or responsibility with respect to, the information provided, or activities undertaken by any such website. A link between Both Sides of the Conversation and another website further does not mean that Both Sides of the Conversation endorses, recommends, sponsors, or approves that website. Linking to off-site pages is done at your own risk, requiring you to make your own independent decisions regarding your interactions or communications with any other website. Both Sides of the Conversation expressly disclaims any responsibility or liability for any damage, loss, or injury arising out of the activities of any third party, the goods or services offered, or the content displayed by any such third party not under the Both Sides of the Conversation domain.

VARIATION

Both Sides of the Conversation may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website. Please check this page regularly to ensure you are familiar with the current version.

ELECTRONIC COMMUNICATIONS

When you visit this website or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

ASSIGNMENT

Both Sides of the Conversation may transfer, sub-contract or otherwise deal with Both Sides of the Conversation’s rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.

You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.

COOKIES

This website uses cookies. By using this website and agreeing to these terms and conditions, you consent to our use of cookies in accordance with the terms of our privacy policy.

SEVERABILITY

If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

MINIMUM AGE

You must be at least 18 years of age to use this website. By using this website, you warrant and represent that you are at least 18 years of age.

PRIVACY

Both Sides of the Conversation is committed to protecting your privacy and security. Please read our Privacy Policy which is incorporated into these terms and conditions by reference.

ENTIRE AGREEMENT

These terms and conditions, together with the Privacy Policy, constitute the entire agreement between you and Both Sides of the Conversation in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.

LAW AND JURISDICTION

These terms and conditions will be governed by and construed in accordance with California, and any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the courts of San Francisco County, California.

CALIFORNIA CONSUMER RIGHTS NOTICE

California users of the Site are entitled to the following consumer rights notice pursuant to California Civil Code Section 1789.3:

If you have a question or complaint about Both Sides of the Conversation, our products, or our website, please contact us via phone at (415) 314-9552 , e-mail at bothsides@bsotc.org. You may also contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer affairs via telephone at (800) 952-5210 or (916) 445-1254 or via mail to Department of Consumer Affairs, Consumer Information Division, 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834.

Both Sides of the Conversation is a California limited liability company with registration number 201627910079. You may contact Both Sides of the Conversation at the following:

CONTACT INFORMATION

Both Sides of the Conversation
Phone: (415) 314-9552

Address:
PO Box 347518
San Francisco, CA, 94134

Email: bothsides@bsotc.org