NOTICE: You are entering into a legally binding agreement that is subject to the following terms and conditions:
Business Service Finder's Mission
Business Service Finder's ("BSF") goal is to help businesses, professionals, entrepreneurs, and consumers to pinpoint the best service providers and businesses in their local area based on what matters to them and criteria they choose, including from services, to client experience, to industry expertise. BSF's website is the first and only place where you can find every type of business or service you need ñ from legal and financial to IT, marketing and more - and get real, verified ratings to help you choose the specialists that are the best match for your unique personal and business needs.
To achieve our goal, BSF makes this offering and services available through BSF's website to help you develop a network of trusted relationships with service providers and companies relevant to you and your needs.
If you decide you do not want to enter into this Agreement, create an account, register as a BSF User, or use the Website in any manner, do not enter into any Subscription Agreement and do not access, view, download or otherwise use any information or services on the Website or offered by BSF.
By choosing to enter into any Subscription Plan or otherwise using the Website you acknowledge, agree, represent, and warrant that you (i) Consent to use electronic signatures and agree that your selection to enter into a Subscription Plan is an electronic signature that BSF may rely upon; (ii) You are 18 years of age or older; (iii) Have read the terms of this Agreement; (iv) Have relied fully and completely on your own judgment in entering into this Agreement; (v) Are legally competent and authorized to enter into this Agreement; and (vi) Agree to be bound by the terms of the Agreement.
PAYMENT AND REFUNDS.
By choosing to enter into any Subscription Plan with BSF or to otherwise use any Services offered for a fee, either on a one-time or subscription basis (incorporated into the previous definition of "Services") you agree to pay the fee indicated for that service. Payments will be charged on the day your Service goes into effect and will cover the use of that service for the period indicated.
Thereafter, you agree that the applicable fee will continue to be charged to you and/or your credit card on a recurring basis until you cancel your service. Any renewal fee will be the then applicable Subscription Fee in effect for the Service you previously selected. You acknowledge and agree that the amount of the recurring charge may increase if the applicable subscription fee increases.
Services must be cancelled prior to your renewal in order to avoid billing of the next term's Service fee. Fees are not prorated. After you have completed your registration for an account with BSF's Website, you may cancel your Services by accessing the Control Panel. You also agree that BSF's Services are subject to this Agreement and any additional terms related to the provision of the Service.
If your payment method fails or your account is past due, BSF reserves the right to either suspend or terminate your Premium Services. Any such suspension or termination will result in the cancellation of any promotional programs applicable to your Services. You agree that BSF will be entitled to recover all applicable fees for Services you have elected to purchase, including without limitation, periodic fees, annual fees, and renewal fees as they become due plus all related taxes, as well as reimbursement for all collection costs and expenses, including all attorney fees, and interest for any overdue amounts. You agree to submit any disputes regarding any charge to your account in writing to BSF within 30 days of such charge, otherwise such dispute will be waived and such charge will be final and not subject to challenge.
BSF's refund policy is as follows: All fees and charges are nonrefundable. There are no refunds or credits for partially used periods. All Services and features acquired as part of any Subscription Plan or otherwise made available by BSF expire immediately upon cancellation or termination of your account.
YOUR OBLIGATIONS AND RESPONSIBILITIES UNDER THE AGREEMENT.
By entering into a Subscription Plan and creating a BSF account, you agree your responsibilities and obligations expressly include the following:
- In addition to complying with all terms of this Agreement you further agree to comply with all applicable laws and regulations applicable to your company, services, and products; registrations, licensing, or certification requirements; or any other required authorizations applicable to your business or your service offerings;
- If you are using BSF on behalf of a company or other legal entity, you personally agree to be individually bound by this Agreement even if your company has a separate agreement with BSF;
- For any business organization or company entering into a Subscription Plan or creating an account, it is agreed that BSF may rely upon and is expressly permitted to accept the individual person creating the account as the authorized representative of that business organization or company;
- In consideration of your use of the Website, you agree to (i) provide accurate, current and complete information about you as may be prompted by any registration forms on the Website ("Contact Information"); (ii) Maintain the security of your password and identification; (iii) Maintain and promptly update the Contact Information, and any other information you provide to BSF, to keep it accurate, current and complete; and (iv) Accept all risks of unauthorized access to the Contact Information and any other information you provide to BSF. In addition, you agree not to access or use, or attempt to access or use, the Website or any part of the Website using the identity or the Contact Information of any person other than yourself;
- You have full power and authority to enter into this Agreement and doing so will not violate any other agreement to which you are a party or otherwise obligated to comply with;
- All recommendations you receive or publish will comply with applicable state or federal requirements, including any requirements by the by the Federal Trade Commission pursuant to the Federal Trade Commission Act that pertain to endorsements and testimonials;
- By providing any information to BSF, you represent and warrant that you are entitled to submit the information and that the information is accurate, not confidential, and not in violation of any contractual restrictions or other third party rights;
- It is your responsibility to keep your BSF profile information accurate and updated;
- It is your responsibility to keep your password secure and confidential;
- Further, you are responsible for anything that happens through your account. This responsibility continues until you close your account or prove that your account security was compromised due to no fault of your own. To close your account or to report a compromised account, please visit BSF's Help Page;
- You are not a competitor of BSF and you are not using the Services for reasons that are in direct or indirect competition with BSF;
- You are solely responsible for your interactions with any other User of or Visitor to BSF's Website. BSF may limit or prohibit you from contacting other Users through use of the BSF Website or its services. BSF reserves the right, but has no obligation, to monitor disputes between you and other members and to restrict, suspend, or close your account if BSF determines, in our sole discretion, that doing so is necessary to enforce this Agreement;
- Deep-linking to the Website is only permitted (i.e. including a link to a BSF web page other than BSF's home page), unless expressly authorized in writing by BSF, for the purpose of positively promoting your profile, the profile of another BSF user/account, or sharing content found within the BSF's Website, including its digital publications; and
- BSF's Website includes areas in which users, including consumers, may post content and information, including without limitation peer and client and ratings and reviews, messages, questions and answers, guides, comments, data, text, photos, graphics or other materials ("User Content") about you or your company. You are solely responsible for your use of such interactive areas, as well as all User Content that is ultimately published for review and, therefore, you use these interactive services at your own risk.
RESTRICTIONS UNDER THE AGREEMENT.
With respect to your use of the Website and creating an account, you expressly acknowledge and agree to refrain from engaging in certain conduct as follows:
- You will not use scraping, spidering, crawling, bots, or any other methods now available or later developed to access BSF, add or download contacts, send or redirect messages, or perform other activities through BSF without the express written consent of BSF;
- You will not infringe or use BSF's brand, logos, trademarks or service marks, including, without limitation, using the word "BSF" in any business name, email, or URL or including BSF's trademarks or service marks and logos except as expressly authorized by BSF;
- You will not access, via automated or manual means or processes, BSF for purposes of monitoring BSF's availability, performance or functionality for any competitive purpose;
- You will not engage in "framing," "mirroring," or otherwise simulating the appearance or function of BSF's website;
- You will not attempt to or actually override any security component included in or underlying BSF;
- You will not engage in any action that directly or indirectly interferes with the proper working of or places an unreasonable load on BSF's infrastructure, including, but not limited to, sending unsolicited communications to other Users or BSF personnel, attempting to gain unauthorized access to BSF, or transmitting or activating computer viruses through or on BSF;
- You will not interfere with or disrupt or attempt to improperly influence BSF's Services, including BSF's search algorithms;
- You will not remove any copyright, trademark or other proprietary rights notices contained in or on BSF's Website, including those of both BSF and any of its licensors;
- You will not remove, cover, or otherwise obscure any form of advertisement included on BSF;
- You will not collect, use, copy, or transfer any information, including, but not limited to, personally identifiable information obtained from BSF except as expressly permitted in this Agreement or as the owner of such information may expressly permit;
- You will not share information of non-Users without their express consent;
- You are not currently restricted from using BSF's Website, any of its services, otherwise prohibited from having a BSF account, or restricted in any way from providing the services or products associated with your BSF profile;
- You will not violate any rights of BSF or any other party, including intellectual property rights such as patents, copyright, trademark, or trade secret rights;
- You will not to permit individuals or companies not employed or authorized on your behalf to use your account;
- You will refrain from using other Users' accounts;
- You will refrain from selling, trading, or otherwise transferring your BSF account to another party;
- You will not act dishonestly or unprofessionally by engaging in unprofessional behavior by posting inappropriate, inaccurate, or objectionable content to BSF;
- You will not publish inaccurate information in the designated fields on the profile form (e.g., do not include a link or an email address in the name field). Please also protect sensitive personal information such as your email address, phone number, street address, or other information that is confidential in nature;
- You will not harass, abuse or harm another person, including sending unwelcomed communications to others using BSF;
- You will not upload any images or media that is not you or your likeness or that is not owned or authorized to be used by your company;
- You will not create a false identity on BSF;
- You will not participate, directly or indirectly, in the setting up or development of a network that seeks to implement practices that are similar to sales by network or the recruitment of independent home salespeople to the purposes of creating a pyramid scheme or other similar practices;
- You will not duplicate, license, sublicense, publish, broadcast, transmit, distribute, perform, display, sell, rebrand, or otherwise transfer information found on BSF (excluding content posted by you) except as permitted in this Agreement, BSF's developer terms and policies, or as expressly authorized by BSF;
- You will not reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying intellectual property used to provide the Services, or any part of the Website;
- You will not use or copy information, content or any data you view on or obtain from BSF to provide any service that is competitive, in BSF's sole discretion, with BSF;
- You agree not to imply or state, directly or indirectly, that you are affiliated with or endorsed by BSF unless you have entered into a written agreement with BSF;
- You will not adapt, modify or create derivative works based on BSF's Website or technology underlying the Services, or other Users' content, in whole or part, except as expressly permitted by BSF; and
- You will not rent, lease, loan, trade, sell/re-sell access to BSF or any information on its Website, or the equivalent, in whole or part.
PROFESSIONAL AND REGULAR ADVERTISING AND PROMOTIONS
Nonprofessional Advertising and Promotions. Your business relationships or dealings with, or participation in promotions of advertisers other than BSF, as well as any terms, conditions, warranties, or representations associated with such relationships or dealings, remain solely between you and such third party. BSF is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such non-BSF advertisers on the Website.
Professional Advertising and Communications. It is solely the responsibility of professional service providers to ensure that any information or advertisements they post or place on the BSF Website (including without limitation any information pertaining to legal, medical, or other regulated services) and any communications they may have with prospective clients, customers, or patients through the Website and the Services, fully comply with all applicable laws and rules of the applicable professional conduct, including those concerning the unauthorized practice of law, accounting, or medicine and those regulations governing the form, manner, or content of communications with clients or patients, advertising, or other matters.
LICENSE, WARRANTY, AND AGREEMENT FOR CONTENT SUBMITTED TO BSF'S WEBSITE.
At all times you are the owner of any information or content that you provide to BSF under this Agreement or through its Website ("Submitted Content"), except that you agree to grant BSF a nonexclusive, irrevocable, worldwide, perpetual, unlimited, assignable, sublicenseable, royalty-free right (the "License") to BSF, prepare derivative works of, improve, distribute, publish, remove, retain, add, edit, process, analyze, use, market, and commercialize, in any way all Submitted Content you provide, directly or indirectly to BSF, including, but not limited to, any user generated content, ideas, concepts, techniques or data to the Website or that you otherwise submit to BSF in any manner (also collectively included in the definition of "Submitted Content"), without any further consent, notice, or compensation to you or to any third parties who may claim any right, title or interest in such information. The License identified in this paragraph specifically includes any common law or registered marks.
We intend to use any Submitted Content in a positive manner for the benefit of BSF and you. If, however, at any point you feel BSF's use of your Submitted Content is inconsistent with your brand, marketing strategy, or any other business profile, please contact BSF at firstname.lastname@example.org and we will discuss the issue and endeavor to work with you to resolve it to your satisfaction.
You further agree to warrant and represent that any third party who rendered services on or contributed in any way to any Submitted Content you provide or make available to BSF: (i) Does not have any payment claims; (ii) Does not have any rights of approval or consultation and no participation rights whatsoever; (iii) Are not engaged pursuant to any union or guild agreement that results in any ongoing obligations resulting from the exploitation of the Submitted Content; and (iv) Have granted to you all rights necessary to permit you to make the grant of rights to BSF under the Agreement.
You further agree that any content or information you provide to BSF or to BSF's Website will not contain, transmit, or otherwise make available or initiate any content that:
- Falsely states, impersonates or otherwise misrepresents your identity, certifications, licensing, accomplishments, awards, previous positions, qualifications, or affiliations with a person or entity, including generating, creating, or soliciting false, inaccurate, or made-up recommendations;
- Is unlawful, libelous, abusive, obscene, discriminatory or otherwise objectionable;
- Includes information that you do not have the right to disclose or make available under any law or under contractual or fiduciary relationships (such as insider information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- Infringes upon patents, trademarks, trade secrets, copyrights or other proprietary rights;
- Includes any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation that is illegal under applicable law;
- Contains software viruses, worms, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment of BSF or any User of BSF; or
- Forges headers or otherwise manipulate identifiers in order to disguise the origin of any communication transmitted through the Services.
Any information you submit to us is at your own risk of loss as provided in this Agreement.
You agree to indemnify BSF and hold BSF harmless, including BSF's DBA's, subsidiaries, affiliates, directors, employees, independent contractors, agents or any other party designated in writing by BSF in connection with its business operations for all damages, losses and costs (including, but not limited to, reasonable attorneys' fees and costs) related to all third party claims, charges, and investigations, caused by (i) your failure to comply with this Agreement, including, without limitation, your submission of content that violates third party rights or applicable laws, (ii) any content you submit to the Website or to BSF's Services, and (iii) any other activity in which you engage in through BSF and its Website.
NOTIFICATIONS AND SERVICE MESSAGES.
For purposes of providing you notices about BSF's Services or amendments or changes to those Services or any Agreements between you and BSF, BSF may place a banner notice across its Website pages to alert you to the preceding. Alternatively, notice may consist of an email from BSF to an email address associated with your account, even if we have other contact information.
You also agree that BSF may communicate with you through your BSF account or through other means including email, facsimile, mobile number, telephone, or delivery services including the postal service about your BSF account or services associated with BSF. You acknowledge and agree that we shall have no liability associated with or arising from your failure to do so maintain accurate contact or other information, including, but not limited to, your failure to receive critical information about the Services.
BSF AND THIRD PARTY APPLICATIONS.
BSF may from time-to-time offer additional services through applications built using or related to BSF's Website ("BSF Applications"). Examples of such BSF Applications include tablet applications, smart phone applications for iPhone, Android based smart phones, and Blackberries, and BSF's social media related applications, such as Facebook, Twitter, Pinterest, Google+ buttons and other interactive plugins distributed on other websites. If you use a BSF Application or interact with a website that has deployed a plugin, you agree that such use is also governed by this Agreement.
CONTRIBUTING CONTENT TO BSF
You agree that by submitting ideas, suggestions, documents, proposals, or any other content (collectively included into the prior definition of "Submitted Content") to BSF in any manner, including through its Website or any other medium or means, you acknowledge and agree that: (i) Your Submitted Content do not contain confidential or proprietary information; (ii) BSF is not under any obligation of confidentiality, express or implied, with respect to the Submitted Content; (iii) BSF will not be obligated to use or disclose (or choose not to use or disclose) such Submitted Content for any purpose, in any way, in any media worldwide; (iv) BSF may already have something or is developing something similar to the Submitted Content you provide; and (v) You are not entitled to any compensation or reimbursement of any kind from BSF under any circumstances for any Submitted Content, unless expressly agreed in writing by BSF.
On the condition that you comply with all your obligations under this Agreement, BSF grants you a limited, revocable, nonexclusive, nonassignable, nonsublicenseable license and right to access the Website and its services to view information, interact with the Website, and use the Website's services that we provide on BSF's Website and in accordance with this Agreement.
This access is made through an Internet service provider of your providing and choosing and a generally available web browser, mobile device or application also provided and chosen by you.
BSF'S OBLIGATIONS AND AVAILABILITY OF BSF'S WEBSITE AND SERVICES.
For as long as BSF continues to offer the Services, BSF may from time-to-time update, improve, and expand its Website and services. As a result, we allow you to access BSF as it may exist and be available on any given day and have no other obligations, except as expressly stated in this Agreement.
BSF may also modify, replace, refuse access to, suspend or discontinue BSF's Website or Services, partially or entirely, or change and modify prices for all or part of the Services for you or for all our users in our sole discretion.
All of these changes will be effective upon their posting on BSF's Website or by direct communication to you unless otherwise noted.
BSF further reserves the right to withhold, remove, or discard any content or information contributed to BSF's Website or made available as part of your account, with or without notice if, in BSF's sole discretion, such content or information is contrary or in violation of this Agreement. BSF expressly has no obligation to store, maintain or provide you a copy of any content that you or other Users provide when using the Services.
You understand and agree that:
- BSF does not control or in any way vet user generated content for accuracy;
- BSF does not provide any express warranty or representation as to any user generated content;
- BSF is not responsible and makes no representations or warranties for the delivery of any messages through its Website to any company or individual;
- BSF makes no representation or warranty that your use of the Service and the Website will not infringe the rights of third parties;
- BSF does not have any obligation to verify the identity of persons or companies subscribing to its Services, creating accounts, or otherwise contributing content to BSF's Website;
- BSF does not have any obligation to monitor the use of its services by other users of the Website;
- BSF disclaims all liability for identity theft or other misuse of anyone or any company's identity or information; and
- BSF does not and cannot guarantee its Website and Services will function without interruption or in an error-free manner (collectively "Interruptions"). Such Interruptions may occur due to routine maintenance, updates, or system or network failures. To the extent reasonably possible, BSF will endeavor to provide advance notice of any Interruption within its control and to reasonably identify and resolve any unscheduled Interruption as quickly as is reasonably possible, as solely determined by BSF. However, you agree that under no circumstances will BSF be liable for any damages caused by any Interruption, including for loss of data, Submitted Content, good-will, recommendations, profiles, the cost of substitute products or services, or from the inability to use Services, the Website, Submitted Content, or from any communications, interactions, or meetings with other Users of the Website or Services or those with whom you communicate or interact with as a result of your use of the Website or Services, regardless of the legal theory and whether or not BSF has been informed of the possibility of such damage or damages. Further, BSF disclaims all liability for any and all damages caused by any Interruption, as well as any liability for slow, malfunctioning, inconsistent, or impossible access conditions of BSF's Website or Services for any reason.
THIRD PARTIES AND LINKS.
BSF may include links to third party web sites ("Third Party Sites") through its Website. BSF may also enable third party developers ("Platform Developers") to create applications ("Platform Applications") that provide features and functionality using data and developer tools made available by BSF through its developer platform.
You are solely responsible for evaluating whether to use or grant access to a Third Party Site or Platform Application. You should review any applicable terms, conditions, or policies of a Third Party Site or Platform Application before using it or sharing any information with it to determine if you agree with any permissions or uses you may be granting to the Third Party Sites or Platform Application operators.
BSF is not responsible for and does not endorse any features, content, advertising, products or other materials on or available from Third Party Sites or Platform Applications. BSF also does not screen, audit, or endorse Platform Applications. Accordingly, if you decide to access Third Party Sites or use Platform Applications, you do so at your own risk and agree that your use of any Platform Application is on an "as-is" basis without any warranty as to the Platform Developer's actions, and that this Agreement does not apply to your use of any Third Party Site or Developer Application.
Please note that if you allow a Platform Application or Third Party Site to authenticate to or connect with your BSF account, that application or website may access information on BSF's Website related to you.
DISCLOSURE OF USER INFORMATION.
You acknowledge, consent and agree that we may access, preserve, and disclose your registration and any other information you provide if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary in our sole discretion to:
- Comply with legal process, including, but not limited to, civil and criminal subpoenas, court orders or other compulsory disclosures;
- Enforce this Agreement;
- Respond to claims of a violation of the rights of third parties, whether or not the third party is a User, individual, or government agency;
- Respond to customer service inquiries; or
- Protect the rights, property, or personal safety of BSF, our Users or the public.
CONSENT TO RECEIVE EMAIL AND COMMUNICATIONS FROM BSF
By using the Website, you consent to receive e-mails from BSF, which may include commercial e-mails provided such e-mails are in accordance with the preferences you select in the e-mail and notifications page of the My Account section of the Site. Please note that as long as you maintain an account, you may not "opt out" of receiving service or account-related e-mails from BSF.
MUTUAL RIGHTS OF TERMINATION.
You may terminate this Agreement, for any or no reason, at any time, with notice to BSF pursuant to this Agreement. Your notice to cancel your Agreement will be effective upon BSF processing your notice.
BSF may terminate the Agreement and your account for any reason or no reason, at any time, with or without notice. This cancellation will be effective immediately or as may be specified in the notice.
Only BSF or the party paying for the services may terminate your access to the applicable account and any Services. Termination of your BSF account includes disabling your access to BSF and may also bar you from any future use of BSF.
If your BSF account is terminated, you will lose all access to the Website and BSF's Services, but your obligations under this Agreement shall survive any termination, unless expressly noted otherwise.
MISUSE OF THE SERVICES.
BSF may restrict, suspend or terminate the account of any User who abuses or misuses the Services or for any violation of this Agreement.
Law and Forum for Legal Disputes
This Agreement or any claim, cause of action or dispute (collectively "Claim") arising out of or related to this Agreement will be governed by the laws of the state of North Carolina regardless of your state or country of origin or where you access BSF's Website, and notwithstanding of any conflicts of law principles of your geographical jurisdiction and the United Nations Convention. You and BSF further agree that all claims arising out of or related to this Agreement, as well as BSF's Website must be resolved exclusively by a state or federal court located in or with jurisdiction over Iredell County, North Carolina, except as otherwise expressly agreed in writing by the parties or as described in the Arbitration Option provision below. You and BSF agree to submit to the personal jurisdiction of the applicable courts identified in this paragraph for the purpose of litigating all such claims. Notwithstanding anything to the contrary in this Agreement, you agree that BSF may be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction. You, however, expressly agree to waive or refrain from seeking any such injunctive remedies under any circumstances.
For any claim (excluding claims for injunctive or other equitable relief as provided for in this Agreement) where the total amount of the award sought is less than $10,000, the party requesting relief may elect to resolve the dispute through binding non-appearance-based arbitration that is reasonably cost effective relative to the damages sought. If a party elects arbitration, they must initiate such arbitration through an established alternative dispute resolution ("ADR") provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: (i) The arbitration will be conducted by telephone, online, or be solely based on written submissions. The specific manner of the arbitration will be agreed to by the parties and if no such agreement is possible, then the manner will be chosen by the arbitrator; (ii) The arbitration will not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (iii) Any judgment on the award rendered by the arbitrator will be final and may be entered in any court of competent jurisdiction.
DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA)
If you believe any material on the Website, either posted by BSF, our users or any other party, is infringing, please contact BSF at the address below. Pursuant to the Digital Millennium Copyright Act, BSF has a designated agent to receive copyright infringement claims.
The agent designated to receive and act on copyright violations under the Digital Millennium Copyright Act (DMCA) is:
Jason Shinn, Esq.; Shinn Legal, PLC
4301 Orchard Lake, Rd.; Suite 180, No. 188
West Bloomfield, MI 48323
P: 248-850-2290; F: 248-850-2212
- A physical or electronic signature of the copyright owner or the person authorized to act on its behalf;
- A description of the copyrighted work claimed to have been infringed;
- A description of the infringing material and information reasonably sufficient to permit BSF to locate the material;
- Your contact information, including your address, telephone number, and email;
- A statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and, under the penalty of perjury, that you are authorized to act on behalf of the copyright owner.
CHILDREN'S ONLINE PRIVACY PROTECTION ACT (COPPA)
In compliance with the Children's Online Privacy Protection Act (COPPA), we are a general audience site and do not intend to collect any Personally Identifiable Information (PII) from children under 13 years of age, unless we believe such collection to be permitted by law. BSF's Website audience is intended to be over the age of 18 and some content may not be appropriate for all ages. Parental supervision is recommended. If you are the parent or guardian of a child under 13 and believe that he or she has disclosed PII to us, please contact our attorneys (Jason M. Shinn) at www.shinnlegal.com or through the contact information on file for Jason M. Shinn with the State Bar of Michigan. Upon request, the parent or guardian of a child under 13 may review and request the deletion of such child's PII, as well as refuse to permit the further collection or use of such PII.
MISCELLANEOUS LEGAL PROVISIONS
- Binding Upon Your Successors: This Agreement and its performance will be binding on you and your heirs, administrators, successors and assigns;
- Colors / Product Descriptions: BSF makes all reasonable efforts to accurately display the attributes of products, including the applicable colors. The actual color, however, you see will depend on your computer system and we cannot guarantee that your computer will accurately display such colors;
- Assignability: You may not assign or delegate any rights or obligations under the Agreement, without the prior written approval of BSF. Any purported assignment and delegation will be ineffective. BSF may freely assign or delegate all rights and obligations under the Agreement, including any License granted to BSF under the Agreement, fully or partially without notice to you. BSF may also substitute, by way of unilateral novation, effective upon notice to you, BSF for any third party that assumes our rights and obligations under this Agreement;
- Trademarks: Certain trademarks, trade names, service marks and logos used or displayed on this Website are registered and unregistered trademarks, trade names and service marks of BSF. Other trademarks, trade names and service marks used or displayed on this Website are the registered and unregistered trademarks, trade names and service marks of their respective owners. Nothing contained on this Website grants or should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademarks, trade names, service marks or logos displayed on this Website without the written permission of BSF or such other owner;
- Equitable Relief: You irrevocably waive any right to seek injunctive or equitable relief. Accordingly, under no circumstances will you seek or be entitled to rescission, injunctive or other equitable relief, or to enjoin or restrain the operation of BSF's Website or its Services, exploitation of any advertising or other materials issued in connection of either, or exploitation of the Website or Services or any content or other material used or displayed through the Website or Services;
- No Waiver: Any delay or failure on the part of BSF to exercise or enforce any rights under this Agreement to which it may be entitled will not, under any circumstances, be construed as a waiver of the right and privilege to exercise or enforce any such rights at any subsequent time;
- Limitation of Liability: Some jurisdictions may not permit the limitation or exclusion of liability in contracts and, as a result, some or portions of this Agreement may not apply to you. But to the extent legally permitted under applicable law, you agree that under no circumstances will BSF, its subsidiaries, affiliates, directors, employees, independent contractors, agents or any other party designated by BSF in connection with its business operations be liable, without limitation to you for any indirect, incidental, special, consequential, or exemplary damages. By way of example only, this includes, but is not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses. If for any reason this provision is prohibited or limited then, instead of this limitation of liability provision, you agree that BSF will be entitled to the maximum disclaimer, limitation, or both on damages and liability available at law and equity. You agree that this limitation of liability release is made with the knowing intent of releasing all known and unknown claims in future claims and with the intent of waiving all rights under applicable statutes requiring such waivers to be knowingly made. You further agree to the following limitations of liability:
Choice of Law: You agree that any dispute arising in any way from your purchase of any Services or Subscription Agreement, access to the Website, your use of the Website, or a violation of the Agreement are to be construed, governed and enforced exclusively according to the laws of North Carolina or applicable federal law, such as copyright, patent, or trademark law, without respect to its conflict of laws principles;
Domestic Use and Export Restriction: BSF controls the Website from our offices within the United States of America. We make no representation that the Website or its content will be appropriate or available for use in other geographic locations. Users who access the Website from outside the United States of America do so on their own initiative and must bear all responsibility for compliance with local laws, if applicable. Further, the United States export control laws prohibit the export of certain technical data and software to certain territories. Your use of BSF services, including its Website is subject to export and re-export control laws and regulations, including the Export Administration Regulations ("EAR") maintained by the United States Department of Commerce and sanctions programs maintained by the Treasury Department's Office of Foreign Assets Control. You agree to not sell, export, re-export, transfer, divert, or otherwise dispose of any software or service to any end-user without obtaining the required authorizations from the appropriate government authorities. You also warrant that you are not prohibited from receiving US origin products, including services or software;
Limitation on Access and Distribution: The information provided on the Website is not intended for distribution or access by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation, or which would subject BSF to any registration requirement within such jurisdiction or country; and
- a. BSF will be cumulatively liable for (i) Any damages in excess of two times the most recent fee that you paid for any Subscription Services, or $500.00 (U.S.), whichever amount is greater, or (ii) Any special, incidental, indirect, punitive or consequential damages or loss of use, profit, revenue or data to you or any third person arising from your use of the Website or BSF's Services, any platform applications or any of the content or other materials on, accessed through or downloaded from BSF. You agree that this limitation of liability is part of the basis of the bargain between the Parties and without it the terms and fees charged would be materially different; and
- b. This limitation of liability shall apply regardless of whether (i) You base your claim on contract, tort, statute or any other legal theory, (ii) We knew or should have known about the possibility of such damages; or (iii) The limited remedies provided in this section fail of their essential purpose; and; (iv) BSF may cause you to be damaged intentionally or knowingly in violation of this Agreement or applicable law, or as otherwise mandated by applicable law that cannot be disclaimed from in this Agreement.
Last revised on September 30, 2012