Website User Agreement

BCIS.com Website User Agreement

 

  1. Terms of Use.
    Best Choice Imaging Solutions, LLC (“BCIS.com”) including its affiliates and subsidiaries, grants you a limited and revocable non-exclusive license to view and access BCIS.com (“Website”) subject to your unconditional acceptance of and compliance with the terms and conditions of this Website User Agreement (“Terms”). By accessing or using the Website you are agreeing to and accepting these Terms. If you do not agree with these Terms do not access or use the Website.This Website is for the use and enjoyment of persons over the age of 13. By visiting and using this Website, you confirm that you are over the age of 13. If you do not understand these Terms, find them unclear or ambiguous, you must seek an adult or other person over the age of 18 who can explain these Terms to you. If you have any questions about these terms and age restrictions, contact BCIS.com as explained in the Website Privacy Policy.We reserve the right to modify these Terms at any time without prior notice by posting such modifications or modified Terms on the Website. Your continued access or use of the Website after such modifications have been posted indicates your acceptance of and agreement to be bound by these Terms as modified. You agree to regularly review these Terms.Except as may be expressly authorized by us, any reproduction, modification or distribution of the Website materials or content is strictly prohibited. We reserve the right to modify, change, discontinue or suspend the Website in whole or in part, at any time, without prior notice to you. BCIS.com or any of its respective employees, agents, officers or directors shall not be liable to you or any third party should we exercise this right.
  2. Access to this Site.
    To access this site or some of the resources it has to offer, you may be asked to provide certain registration details or other information. It is a condition of your use of this site that all the information you provide on this site will be correct, current, and complete. If BCIS.com believes the information you provide is not correct, current, or complete, BCIS.com has the right to refuse you access to this site or any of its resources, and to terminate or suspend your access at any time.
  3. Compliance with Laws.
    In addition to complying with these Terms, you agree to use the Website for lawful purposes only and in a manner consistent with local, national or international laws and regulations. You may not use the Website in any manner that could damage, disable, overburden, or impair the Website or interfere with any other party’s use or enjoyment of the Website.
  4. Ownership and Permitted Use of the Website.
    BCIS.com owns all rights, titles and interest in the Website, including all associated market data and information.  The Website contains copyrighted material, trademarks and other proprietary information, including, without limitation, text, software, photos, video, graphics, music and sound.  You are not granted any rights and you acquire no interest in or to this Website or any Information, other than the limited right described in these Terms and any policies and procedures that BCIS.com may adopt and make available on this Website from time to time, including the Privacy Policy referenced above and below.
  5. Copyright and Proprietary Information.
    The Website and the Information, including the design, selection and arrangement thereof, are protected by copyright laws and international treaties. All rights are reserved. Any unauthorized use or any reproduction, modification or distribution of the materials is strictly prohibited. Nothing in these Terms or your use of the Website shall grant you any rights in or to the copyright or other intellectual property or proprietary rights of BCIS.com.The material and content accessible from this site, and any other World Wide Web site owned, operated, licensed, or controlled by BCIS.com (the “Content”) is the proprietary information of BCIS.com or the party that provided the Content to BCIS.com, and BCIS.com or the party that provided the Content to BCIS.com retains all right, title, and interest in the Content. Accordingly, the Content may not be copied, distributed, republished, uploaded, posted, or transmitted in any way without the prior written consent of BCIS.com, except that you may print out a copy of the Content solely for your personal use. In doing so, you may not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the Content. Modification or use of the Content except as expressly provided in these Terms of Use violates BCIS.com’s intellectual property rights. Neither title nor intellectual property rights are transferred to you by access to this site.You may print or download Website pages or other content for your personal, non-commercial use provided that you do not modify any of the Website pages or other content and you do not remove or alter any visible or non-visible identification, marks, notices, or disclaimers. You may not use the Website or its content for any other purpose or in any other way. In particular, the Website and its content may not be copied, imitated, reproduced, republished, uploaded, posted, transmitted, modified, indexed, cataloged, mirrored or distributed in any way, in whole or in part, without the express prior written consent of BCIS.com
  6. Trademark.
    All of the brands, trademarks, names and related words and logos of BCIS.com referred to on the Website and used in connection with the products and services of BCIS.com, Inc, are trademarks or trade names of BCIS.com. Nothing in these Terms or on the Website shall be construed as granting, either expressly, by implication or otherwise, a license or other right to you to use any such trademarks or trade names. The names of other companies, products or services referred to on the Website may be trademarks or trade names of their respective owners. Any unauthorized use of the trademarks or trade names of BCIS.com is strictly prohibited.You may not use this site for any other purpose, including any commercial purpose, without BCIS.com’s express prior written consent. For example, you may not (and may not authorize any other party to: (i) co-brand this site, or (ii) frame this site, or (iii) hyper-link to this site, without the express prior written permission of an authorized representative of BCIS.com. For purposes of these Terms of Use, “co-branding” means to display a name, logo, trademark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute this site or content accessible within this site. You agree to cooperate with BCIS.com in causing any unauthorized co-branding, framing or hyper-linking immediately to cease.
  7. No Framing, Mirroring, Scraping, Data Mining or Postings.
    The framing, mirroring, scraping or data mining of the Website or any of its content in any form and by any method is strictly prohibited. You may not use any collaborative browsing or display technologies in connection with your use of the Website or to post comments, communications, or any other data of any kind to or on the Website with the intention that other users of the Website may view such postings.
  8. Submissions.
    You hereby grant to BCIS.com the royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display all content, remarks, suggestions, ideas, graphics, or other information communicated to BCIS.com through this site (together, the “Submission”), and to incorporate any Submission in other works in any form, media, or technology now known or later developed. BCIS.com will not be required to treat any Submission as confidential, and may use any Submission in its business (including without limitation, for products or advertising) without incurring any liability for royalties or any other consideration of any kind, and will not incur any liability as a result of any similarities that may appear in future BCIS.com operations.BCIS.com will treat any personal information that you submit through this site in accordance with its Privacy Policy.
  9. Disclaimer and Liability Exclusion.
    You understand and agree that use of the Website is at your risk. In addition to the disclaimers below, BCIS.com disclaims any and all warranties with respect to completeness, accuracy, reliability, quality, timeliness, uninterrupted use, title and non-infringement. The downloading, reading and review of material from the Website is done solely at your own risk. BCIS.com does not guarantee or warrant that such materials are free of viruses or other destructive code or content of any kind. You are responsible for implementing safeguards to protect your computer system and data and you are solely responsible for the entire cost of any service, repairs or corrections necessary as a result of the use of the Website.IN NO EVENT SHALL BCIS.COM BE LIABLE FOR ANY (I) INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, COMPENSATORY, AGGRAVATED, EXEMPLARY OR PUNITIVE DAMAGES, (II) DAMAGES FOR ECONOMIC LOSS, LOSS OF INCOME, LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA OR BUSINESS INFORMATION, LOSS OF OR DAMAGE TO PROPERTY, OR FAILURE TO REALIZE EXPECTED REVENUES, SAVINGS OR OTHER RESULTS OF ANY KIND, (III) CLAIMS OF THIRD PARTIES, OR (IV) OTHER PECUNIARY LOSS, ARISING OUT OF OR RELATED TO THESE TERMS. THE FUNCTIONS EMBODIED ON, OR IN THE MATERIALS OF THIS WEB SITE ARE NOT WARRANTED TO BE UNINTERRUPTED OR WITHOUT ERROR. YOU, NOT BCIS.COM, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION DUE TO YOUR USE OF THIS WEB SITE.THE WEBSITE AND ITS CONTENT ARE PROVIDED “AS IS” AND BCIS.COM EXCLUDES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE.THE DISCLAIMER OF GUARANTEES, REPRESENTATIONS, WARRANTIES, CONDITIONS AND LIMITATIONS OF LIABILITY SET OUT HEREIN SHALL APPLY REGARDLESS OF THE CAUSES, CIRCUMSTANCES OR FORM OF ACTION GIVING RISE TO THE LOSS, DAMAGE, CLAIM OR LIABILITY, EVEN IF SUCH LOSS, DAMAGE, CLAIM OR LIABILITY IS BASED UPON BREACH OR CONTRACT (INCLUDING, WITHOUT LIMITATION, A CLAIM OF FUNDAMENTAL BREACH OR BREACH OF A FUNDAMENTAL TERM), TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), STRICT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND EVEN IF BCIS.COM AND ITS SERVICE PROVIDERS ARE ADVISED OF THE POSSIBILITY OF THE LOSS, DAMAGE, CLAIM OR LIABILITY OR SUCH LOSS, DAMAGE, CLAIM OR LIABILITY IS FORESEEABLE.All of the information in this site, whether historical in nature or forward-looking, speaks only as of the date the information is posted on this site, and BCIS.com does not undertake any obligation to update such information after it is posted or to remove such information from this site if it is not, or is no longer, accurate or complete.
  10. Indemnity.
    You will indemnify and hold BCIS.com, its subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, directors, and contractors (the “Indemnified Parties”) harmless from any breach of these Terms of Use by you, including any use of Content other than as expressly authorized in these Terms of Use. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys’ fees of the Indemnified Parties in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the information accessed from this site.
  11. Information You Provide.
    You may not post, send, submit, publish, or transmit in connection with this site any material that:

    • you do not have the right to post, including proprietary material of any third party;
    • illegal activity or discusses an intent to commit an illegal act;
    • is vulgar, obscene, pornographic, or indecent;
    • does not pertain directly to this site;
    • threatens or abuses others, libels, defames, invades privacy, stalks, is obscene, pornographic, racist, abusive, harassing, threatening, or offensive;
    • seeks to exploit or harm children by exposing them to inappropriate content, asking for personally identifiable details, or otherwise;
    • infringes any intellectual property or other right of any entity or person, including violating anyone’s copyrights or trademarks or their rights of publicity;
    • violates any law or may be considered to violate any law;
    • impersonates or misrepresents your connection to any other entity or person or otherwise manipulates headers or identifiers to disguise the origin of the content;
    • advertises any commercial endeavor (e.g., offering for sale products or services) or otherwise engages in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services) except as may be specifically authorized on this site;
    • solicits funds, advertisers, or sponsors;
    • includes programs that contain viruses, worms, and/or Trojan horses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications;
    • disrupts the normal flow of dialogue, causes a screen to scroll faster than other users are able to type or otherwise act in a way which affects the ability of other people to engage in real-time activities via this site;
    • includes MP3 format files;
    • amounts to a “pyramid” or similar scheme;
    • disobeys any policy or regulations established from time to time regarding use of this site or any networks connected to this site; or
    • contains hyper-links to other sites that contain content that falls within the descriptions set forth above.

BCIS.com reserves the right to monitor the use of this site to determine compliance with these Terms of Use, as well the right to remove or refuse any information for any reason. Notwithstanding these rights, you remain solely responsible for the content of your submissions. You acknowledge and agree that neither BCIS.com nor any third party that provides Content to BCIS.com will assume or have any liability for any action or inaction by BCIS.com or such third party with respect to any submission.

  1. Security.
    Any passwords used for this site are for individual use only. You will be responsible for the security of your password (if any). BCIS.com will be entitled to monitor your password and, at its discretion, require you to change it. If you use a password that BCIS.com considers insecure, BCIS.com will be entitled to require the password to be changed and/or terminate your account.You are prohibited from using any services or facilities provided in connection with this site to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools, or network probing tools) is strictly prohibited. If you become involved in any violation of system security, BCIS.com reserves the right to release your details to system administrators at other sites in order to assist them in resolving security incidents. BCIS.com reserves the right to investigate suspected violations of these Terms of Use.BCIS.com reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing BCIS.com to disclose the identity of anyone posting any e-mail messages, or publishing or otherwise making available any materials that are believed to violate these Terms of Use. BY ACCEPTING THIS AGREEMENT YOU WAIVE AND HOLD HARMLESS BCIS.COM FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY BCIS.COM DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER BCIS.COM OR LAW ENFORCEMENT AUTHORITIES.
  2. Personal Information and Privacy.
    BCIS.com collects and uses your personal information in accordance with its Website Privacy Policy. By accepting these Terms, and each time you use the Website, you consent to BCIS.com’s collection, use and disclosure of your personal information in accordance with the Privacy Policy as it then reads without any further notice or any liability to you or any other person.
  3. Governing Law.
    This Agreement shall be interpreted, construed and governed by the laws of New York state, United States of America without reference to its laws relating to conflicts of law and not including the provisions of the 1980 United Nations Convention on Contracts for the International Sale of Goods. Venue for all disputes arising under this Agreement shall lie exclusively in the state courts of New York State and the federal court of the U.S. District Court, New York Western District, and each party agrees not to contest the personal jurisdiction of this court. Notwithstanding the foregoing, however, BCIS.com shall have the right to commence and prosecute any legal or equitable action or proceeding before any court of competent jurisdiction to obtain injunctive or other relief in the event that, in the opinion of BCIS.com, such action is necessary or desirable.
  4. Other Items.
    These Terms, including any changes made to these Terms from time to time, constitute the entire agreement between you and BCIS.com relating to your use of the Website, and supersede all previous agreements, written, oral or otherwise, between you and BCIS.com with respect to your use of the Website. These Terms cannot be modified except as described elsewhere herein. These Terms supersede anything in the Website or any prior communication with you inconsistent with these Terms. No waiver of any of these Terms, or any term or condition herein, shall be deemed a further or continuing waiver of any such term or condition or any other term or condition. If in any jurisdiction, any part of these Terms is held to be unenforceable by a court of competent jurisdiction, such part of these Terms shall be restricted or eliminated to the minimum extent necessary and the remaining Terms shall otherwise remain in full force and effect

Last updated: June 17, 2014

 

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