Welcome to badlygoverned.com (the “Site”), operated by Badly Governed (“Badly Governed,” “we,” “us,” or “our”). These Terms of Use (“Terms”) govern your access to and use of the Site, including any content, features, forms, submissions, newsletters, text programs, audio, video, and other services made available through the Site.
By accessing or using the Site, you agree to be bound by these Terms. If you do not agree to these Terms, do not use the Site.
You must use the Site only in compliance with applicable law. By using the Site, you represent that you have the legal capacity to enter into these Terms. If you are using the Site on behalf of an organization, you represent that you have authority to bind that organization to these Terms.
We may update these Terms from time to time. When we do, we will revise the “Last Updated” date above. Your continued use of the Site after updated Terms are posted means you accept the revised Terms.
Badly Governed provides podcast-related content, commentary, media, informational resources, community engagement opportunities, and related digital features. We may add, remove, suspend, or modify any part of the Site at any time, with or without notice.
You may use the Site for your personal, lawful, non-commercial use only, unless we give you written permission to do otherwise.
You agree not to:
The Site and its content, including without limitation text, graphics, branding, logos, design, audio, video, episode materials, downloads, and overall look and feel, are owned by Badly Governed, our licensors, or other rights holders and are protected by copyright, trademark, and other applicable laws.
Except for the limited right to use the Site for personal, non-commercial purposes, no right, title, or interest in the Site or its content is transferred to you. Any unauthorized use of our content, marks, or other protected material is prohibited.
“Badly Governed,” our logos, show names, taglines, and related brand elements are trademarks, service marks, or trade dress owned by us or used with permission. You may not use them without our prior written consent, except for lawful nominative reference.
The Site may allow you to submit messages, comments, questions, forms, story ideas, guest inquiries, text messages, audio, images, or other content (“Submissions”).
By sending a Submission to us, you represent and warrant that:
Unless we expressly state otherwise in writing, Submissions are not confidential. By submitting content to us, you grant Badly Governed a non-exclusive, worldwide, royalty-free, transferable, sublicensable license to use, reproduce, adapt, edit, publish, distribute, display, perform, promote, and create derivative works from your Submission in connection with the Site, the podcast, our social channels, and our related media and promotional activities.
We are not obligated to use any Submission, to keep any Submission available, to compensate you for any Submission, or to respond to any Submission.
If the Site includes comments, forms, interactive tools, or community features, you agree not to post or transmit material that:
We may remove content, restrict access, or cooperate with law enforcement when we believe it is appropriate to do so.
Some Site features may require registration or the submission of contact information. If you create an account or provide information through the Site, you agree to provide accurate, current, and complete information and to keep it updated.
You are responsible for activity associated with your account or credentials and for maintaining the confidentiality of your login information. We may suspend or terminate accounts, registrations, or access at our discretion.
If you sign up for email newsletters, SMS alerts, or similar communications, you agree to receive the communications you requested, subject to any separate consent language, privacy notice, or program terms that apply. Message and data rates may apply to text messaging programs. You can opt out using the methods described in the relevant program materials.
The Site may contain links to third-party websites, platforms, content, tools, sponsors, vendors, or services. We do not control or endorse third-party sites or services, and we are not responsible for their content, policies, security, availability, or practices.
Any interaction you have with a third party is solely between you and that third party.
Content on the Site is provided for general informational, educational, editorial, or entertainment purposes only. It is not legal, medical, mental health, financial, or other professional advice, and it should not be relied upon as a substitute for qualified professional guidance.
If you are facing an emergency or crisis, do not rely on the Site; contact qualified emergency, medical, legal, or crisis resources immediately.
THE SITE AND ALL CONTENT, FEATURES, AND SERVICES MADE AVAILABLE THROUGH IT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, BADLY GOVERNED DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, ACCURACY, AVAILABILITY, AND FREEDOM FROM VIRUSES OR HARMFUL COMPONENTS.
WE DO NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR THAT ANY DEFECTS WILL BE CORRECTED.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, BADLY GOVERNED AND ITS OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AFFILIATES, LICENSORS, AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF DATA, REVENUE, PROFITS, GOODWILL, OR BUSINESS OPPORTUNITY, ARISING OUT OF OR RELATED TO YOUR USE OF, OR INABILITY TO USE, THE SITE.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THE SITE OR THESE TERMS WILL NOT EXCEED ONE HUNDRED U.S. DOLLARS ($100) OR THE AMOUNT YOU PAID US, IF ANY, TO USE THE SPECIFIC SERVICE GIVING RISE TO THE CLAIM, WHICHEVER IS GREATER.
SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.
You agree to defend, indemnify, and hold harmless Badly Governed and its owners, affiliates, officers, directors, employees, contractors, licensors, and service providers from and against any claims, losses, liabilities, damages, judgments, costs, and expenses, including reasonable attorneys’ fees, arising out of or related to:
We respect intellectual property rights and expect users to do the same. If you believe material on the Site infringes your copyright, you may send us a written notice that includes:
Copyright notices may be sent to: legal@lahens.net
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Your use of the Site is also subject to our Privacy Policy, which explains how we collect, use, and share information. If there is a conflict between these Terms and a program-specific notice or consent flow, the more specific terms will control for that program.
We may suspend, restrict, or terminate your access to all or part of the Site at any time, with or without notice, if we believe you have violated these Terms, created risk, or misused the Site.
The sections of these Terms that by their nature should survive termination will survive, including ownership, licenses, disclaimers, limitations of liability, indemnification, dispute provisions, and any accrued rights or obligations.
These Terms are governed by the laws of the Commonwealth of Massachusetts, without regard to conflict-of-law principles.[page:1]
Unless applicable law requires otherwise, any dispute arising out of or relating to these Terms or the Site shall be brought exclusively in the state or federal courts located in Massachusetts, and you consent to the personal jurisdiction of those courts.[page:1]
If any provision of these Terms is held unlawful, invalid, or unenforceable, the remaining provisions will remain in full force and effect.
These Terms, together with any referenced policies or program-specific terms, constitute the entire agreement between you and Badly Governed regarding the Site and supersede prior or contemporaneous understandings relating to the same subject matter.
Questions about these Terms may be sent to: legal@lahens.net
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