Terms of Service
1. ACCEPTANCE OF TERMS Welcome! BC Corporation (Berrington Capital, BC, We) provides its service to you, subject to the following Terms of Service ("TOS"), which may be updated by us from time to time without notice to you. In addition, when using particular BC services, you and BC shall be subject to any posted guidelines or rules applicable to such services which may be posted from time to time. All such guidelines or rules (including but not limited to our Spam Policy) are hereby incorporated by reference into the TOS. BC may also offer other services that are governed by different Terms of Service.
2. DESCRIPTION OF SERVICE We currently provide users with access to a rich collection of resources through its network of properties (the "Service"). You also understand and agree that the Service may include advertisements and that these advertisements are necessary for BC to provide the Service. You also understand and agree that the service may include certain communications from BC, such as service announcements, administrative messages and the BC Newsletter, and that these communications are considered part of BC membership and you will not be able to opt out of receiving them. Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new BC properties, shall be subject to the TOS. You understand and agree that the Service is provided "AS-IS" and that BC assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to the Service and that access may involve third party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Service.
3. YOUR REGISTRATION OBLIGATIONS In consideration of your use of the Service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or BC has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, BC has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
5. AFFILIATED SITES Everywhere in these Terms of Services where you read "BC" you should read "BC and its affiliated sites".
6. MEMBER CONDUCT You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not BC, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. BC does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will BC be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service. You agree to not use the Service to: - upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; - harm minors in any way; - impersonate any person or entity, including, but not limited to, a BC official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity; - forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service; - upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); - upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party; - upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas (such as shopping rooms) that are designated for such purpose (please read our complete Spam Policy); - upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; - disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges; - interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law; - "stalk" or otherwise harass another; or - collect or store personal data about other users. You acknowledge that BC may not pre-screen Content, but that BC and its designees shall have the right (but not the obligation) in their sole discretion to refuse or move any Content that is available via the Service. Without limiting the foregoing, BC and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by BC or submitted to kpistandard.com, including without limitation information in BC Message Boards or Forums, and in all other parts of the Service. You acknowledge, consent and agree that BC may access, preserve, and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any Content violates the rights of third-parties; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety of BC, its users and the public. You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. You understand that the Service and software embodied within the Service may include security components that permit digital materials to be protected, and use of these materials is subject to usage rules set by BC and/or content providers who provide content to the Service. You may not attempt to override or circumvent any of the usage rules embedded into the Service. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Service, in whole or in part, is strictly prohibited.
7. SPECIAL ADMONITIONS FOR INTERNATIONAL USE Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
8. CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE WE DO NOT claim ownership of Content you submit or make available for inclusion on the Service. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the Service, you grant BC the following world-wide, royalty free and non-exclusive license(s), as applicable: With respect to Content you submit or make available for inclusion on publicly accessible areas of kpistandard.com, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Service or into other works in any format or medium now known or later developed, for the purposes of providing and promoting BC. With respect to photos, graphics, audio or video you submit or make available for inclusion on publicly accessible area of the Service other than kpistandard.com, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Service solely for the purpose for which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the Service and will terminate at the time you remove or BC removes such Content from the Service. With respect to Content other than photos, graphics, audio or video you submit or make available for inclusion on publicly accessible areas of the Service other than kpistandard.com, the perpetual, irrevocable and fully sublicensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content (in whole or in part) and to incorporate such Content into other works in any format or medium now known or later developed. "Publicly accessible" areas of the Service are those areas of the BC network of properties that are intended by BC to be available to the general public.
9. INDEMNITY You agree to indemnify and hold BC, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or make available through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.
10. NO RESALE OF SERVICE You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.
11. GENERAL PRACTICES REGARDING USE AND STORAGE You acknowledge that BC may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that email messages, message board postings or other uploaded Content will be retained by the Service, the maximum number of email messages that may be sent from or received by an account on the Service, the maximum size of any email message that may be sent from or received by an account on the Service, the maximum disk space that will be allotted on BC's servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that BC has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service. You acknowledge that BC reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that BC reserves the right to modify these general practices and limits from time to time.
12. MODIFICATIONS TO SERVICE BC reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that BC shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
13. TERMINATION You agree that BC may, under certain circumstances and without prior notice, immediately terminate your BC account, any associated email address, and access to the Service. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the TOS or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Service (or any part thereof), (e) unexpected technical or security issues or problems, and (f) extended periods of inactivity. Termination of your BC account includes (a) removal of access to all offerings within the Service, including but not limited to BC Mail, Groups, Messenger, Chat, Domains, Personals, Auctions, Message Boards, Greetings, Alerts and Games, (b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and (c) barring further use of the Service. Further, you agree that all terminations for cause shall be made in BC's sole discretion and that BC shall not be liable to you or any third-party for any termination of your account, any associated email address, or access to the Service.
14. DEALINGS WITH ADVERTISERS Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that BC shall not be 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 advertisers on the Service.
15. LINKS The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because BC has no control over such sites and resources, you acknowledge and agree that BC is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that BC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
16. BC'S PROPRIETARY RIGHTS You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by BC or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part. BC grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by BC for use in accessing the Service.
17. DISCLAIMER OF WARRANTIES YOU EXPRESSLY UNDERSTAND AND AGREE THAT: YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. BC EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. BC MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM BC OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS. A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE SERVICE. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO USING THE SERVICE. IMMEDIATELY DISCONTINUE USE OF THE SERVICE AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE SERVICE -- DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.
18. LIMITATION OF LIABILITY YOU EXPRESSLY UNDERSTAND AND AGREE THAT BC SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF BC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
19. EXCLUSIONS AND LIMITATIONS SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 17 AND 18 MAY NOT APPLY TO YOU.
20. SPECIAL ADMONITION FOR SERVICES RELATING TO FINANCIAL MATTERS If you intend to create or join any service, receive or request any news, messages, alerts or other information from the Service concerning companies, stock quotes, investments or securities, please read the above Sections 17 and 18 again. They go doubly for you. In addition, for this type of information particularly, the phrase "Let the investor beware" is apt. The Service is provided for informational purposes only, and no Content included in the Service is intended for trading or investing purposes. BC and its licensors shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available via the Service, and shall not be responsible or liable for any trading or investment decisions made based on such information.
21. NO THIRD PARTY BENEFICIARIES You agree that, except as otherwise expressly provided in this TOS, there shall be no third party beneficiaries to this Agreement.
22. NOTICE BC may provide you with notices, including those regarding changes to the TOS, by either email, regular mail, or postings on the Service.
23. TRADEMARK INFORMATION The BC and kpistandard.com logo, trademarks and service marks and other BC logos and product and service names are trademarks of BC. Without BC's prior permission, you agree not to display or use in any manner, the BC Marks.
24. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT BC respects the intellectual property of others, and we ask our users to do the same. BC may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide BC's Copyright Agent the following information: - an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; - a description of the copyrighted work or other intellectual property that you claim has been infringed; - a description of where the material that you claim is infringing is located on the site; - your address, telephone number, and email address; - a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; - a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf. BC's Agent for Notice of claims of copyright or other intellectual property infringement can be reached by sending an email to firstname.lastname@example.org.
25. GENERAL INFORMATION Entire Agreement. The TOS constitute the entire agreement between you and BC and govern your use of the Service, superseding any prior agreements between you and BC. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other BC services, affiliate services, third-party content or third-party software. Choice of Law and Forum. The TOS and the relationship between you and BC shall be governed by the laws of the Netherlands. You and BC agree to submit to the personal and exclusive jurisdiction of the courts located within Utrecht, The Netherlands. Waiver and Severability of Terms. The failure of BC to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect. No Right of Survivorship and Non-Transferability. You agree that your BC account is non-transferable and any rights to your BC I.D. or contents within your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted. Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the TOS are for convenience only and have no legal or contractual effect.
26. VIOLATIONS Please report any violations of the TOS to email@example.com.
BC CORPORATION MOBILE DOWNLOADABLE SOFTWARE LICENSE AGREEMENT
THIS IS A LEGAL AGREEMENT BETWEEN YOU AND BC CORPORATION & BC CORPORATION ("BC Corporation"). APPLE INC. IS NOT A PARTY TO THIS AGREEMENT. BC CORPORATION, NOT APPLE, IS SOLELY RESPONSIBLE FOR THE SOFTWARE AND THE CONTENT HEREOF. PLEASE READ THIS SOFTWARE LICENSE AGREEMENT ("LICENSE") CAREFULLY BEFORE USING THE BC CORPORATION SOFTWARE ("SOFTWARE"). BY USING THE SOFTWARE, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, DO NOT CLICK THE "I AGREE" BUTTON. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT, DO NOT INSTALL OR USE ANY PART OF THE SOFTWARE.
2. Permitted License Uses and Restrictions. a. This License allows you to install and use one copy of the Software on one iPhone or iPod Touch and one iPad device that you own or control and as permitted by the Usage Rules set forth in the App Store Terms of Service. Any such copy is subject to the terms of this License Agreement. b. Except as and only to the extent expressly permitted in this License or by applicable law, you may not copy, decompile, reverse engineer, disassemble, modify, or create derivative works of the Software or any part thereof. You may not make the Software available for access or use by any other person or entity, including but not limited to acting as a service bureau.
3. Transfer. You may not rent, lease, lend or sublicense the Software. All components of the Software are provided as part of a bundle and may not be separated from the bundle and distributed as standalone applications. If a Software update completely replaces (full install) a previously licensed version of the Software, you may not use both versions of the Software at the same time nor may you transfer them separately.
4. Consent to Use of Data. You agree that BC Corporation and its subsidiaries may collect and use technical and related information, including but not limited to technical information about your computer, your physical location, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services to you (if any) related to the Software. BC Corporation may use this information, as long as it is in a form that does not personally identify you, to improve our products or to provide services or technologies to you.
5. User Contributions. Users may post reviews, prices, comments, and other content so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of, contain or install software viruses, "worms" or other malicious or destructive content, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam," including without limitation machine generated, randomly generated, misleading, or unwanted commercial content. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of content. BC Corporation reserves the right (but not the obligation) to (i) refuse or remove any content that, in BC Corporation's reasonable opinion, violates any BC Corporation policy or is an any way harmful or objectionable, or (ii) terminate or deny access to and use of the features to any individual or entity for any reason, in BC Corporation's sole discretion. All content is to be provided in the English language. If you do post content or submit material you grant BC Corporation a nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant BC Corporation and sublicensees the right to use the first part of your account email address (excluding the domain) in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the downloading, copying, and use of the content will not infringe the proprietary or intellectual property rights of any third party (including, if applicable, your employer); that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify BC Corporation for all claims resulting from content you supply. BC Corporation has the right but not the obligation to monitor and edit or remove any activity or content. BC Corporation takes no responsibility and assumes no liability for any content posted by you or any third party.
6. Responsibility of Users. BC Corporation has not reviewed, and cannot review, all of the material posted by other Users, and cannot therefore be responsible for that material's content, use or effects. By operating the service, BC Corporation does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The User generated content may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The comments may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. BC Corporation disclaims any responsibility for any harm resulting from the use of User generated content, or from any downloading by Users of content there posted.
7. Content Posted on Other Websites. We have not reviewed, and cannot review, all of the material made available through the websites and webpages to which BC Corporation links, and that link to BC Corporation. BC Corporation does not have any control over those non-BC Corporation websites and webpages, and is not responsible for their contents or their use. By linking to a non-BC Corporation website or webpage, BC Corporation does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. BC Corporation disclaims any responsibility for any harm resulting from your use of non-BC Corporation websites and webpages.
8. Copyright Infringement and DMCA Policy. As BC Corporation asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by BC Corporation violates your copyright, you are encouraged to notify BC Corporation in accordance with standard Digital Millennium Copyright Act ("DMCA") Policy. BC Corporation will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. In the case of a visitor who may infringe or repeatedly infringes the copyrights or other intellectual property rights of BC Corporation or others, BC Corporation may, in its discretion, terminate or deny access to and use of the Website. In the case of such termination, BC Corporation will have no obligation to provide a refund of any amounts previously paid to BC Corporation.
9. Pricing and Product Availability. To the extent that products or prices offered by third parties may be displayed within the Software or User generated comments, such content is by its nature subject to change without notice by the offeror, and is neither independently confirmed by BC Corporation nor guaranteed to be accurate or current.
10. Termination. This License is effective until terminated. Your rights under this License will terminate automatically without notice from BC Corporation if you fail to comply with any term(s) of this License. Upon the termination of this License, you shall cease all use of the Software and destroy all copies, full or partial, of the Software. Upon such termination, all provisions of this License Agreement except for the License Grant in Section 1 will survive termination and continue in effect.
11. No Warranty on Media; Other Limitations. BC Corporation DOES NOT warrant the media on which the Software may be recorded to be free from defects in materials and workmanship nor does it warrant compatibility with the Software. Your exclusive remedy under this Section shall be, at BC Corporation's option, a refund of the purchase price of the software license. BC Corporation, and not Apple Inc., is solely responsible for any obligation arising under this provision or by law. Apple has no obligation whatsoever to furnish any maintenance or support services with respect to the Software. In the event of any failure of the Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Software to you. Apple shall have no other warranty obligation whatsoever with respect to the Software. Apple shall have no responsibility for the investigation, defense, settlement or discharge of any claim that the Software or your possession or use of the Software infringes the intellectual property rights of any third party.
THE SOFTWARE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. BC CORPORATION DOES NOT AND CANNOT WARRANT THE SERVICE FOR ACCURACY, RELIABILITY, COMPLETENESS, SAFETY OR FITNESS FOR LICENSEE'S PARTICULAR PURPOSES. THEREFORE, LICENSEE UNDERSTANDS AND AGREES THAT THE SERVICE AND SOFTWARE LICENSED HEREUNDER IS INTENDED SOLELY FOR INFORMATIONAL AND ENTERTAINMENT PURPOSES; THAT IT INCORPORATES INFORMATION PROVIDED BY THIRD PARTIES OVER WHICH BC CORPORATION HAS NO CONTROL; AND THAT IN NO CASE IS IT INTENDED THAT ANY INFORMATION SUPPLIED BY BC CORPORATION, WHETHER OR NOT OF ITS OWN CREATION, BE SUBSTITUTED FOR LICENSEE'S OWN BEST JUDGMENT, OR CONFIRMATION OF INFORMATION THROUGH OFFICIAL SOURCES, IN ANY GIVEN SITUATION. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS RESTRICTING WARRANTIES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN THE EVENT ANY JURISDICTION DOES NOT ALLOW THE LIMITATION OF WARRANTY AS SET FORTH ABOVE, THIS PROVISION SHALL BE CONSTRUED IN THE MANNER WHICH CLOSEST REPRESENTS ITS ORIGINAL INTENT. YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY BY JURISDICTION. THE SOFTWARE IS NOT INTENDED FOR USE IN THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL SYSTEMS, LIFE SUPPORT MACHINES OR OTHER EQUIPMENT IN WHICH THE FAILURE OF THE SOFTWARE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE. YOUR USE OF THIS REAL TIME ROUTE GUIDANCE APPLICATION IS AT YOUR SOLE RISK. LOCATION DATA MAY NOT BE ACCURATE.
12. Disclaimer of Warranties. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SOFTWARE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE IS PROVIDED "AS IS", WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND BC CORPORATION AND BC CORPORATION'S LICENSORS (COLLECTIVELY REFERRED TO AS "BC CORPORATION" FOR THE PURPOSES OF SECTIONS 7 AND 8) HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SOFTWARE, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. BC CORPORATION DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SOFTWARE, THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY BC CORPORATION OR A BC CORPORATION AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE SOFTWARE PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
13. Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL BC CORPORATION BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE SOFTWARE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF BC CORPORATION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall BC Corporation's total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
14. Export Control. You may not use or otherwise export or reexport the Software except as authorized by United States law and the laws of the jurisdiction in which the Software was obtained. In particular, but without limitation, the Software may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person's List or Entity List. By using the Software, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use these products for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture or production of missiles, and nuclear, chemical or biological weapons.
15. Government End Users. The Software and related documentation are "Commercial Items", as that term is defined at 48 C.F.R. Â§2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation", as such terms are used in 48 C.F.R. Â§12.212 or 48 C.F.R. Â§227.7202, as applicable. Consistent with 48 C.F.R. Â§12.212 or 48 C.F.R. Â§227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States.
16. Controlling Law and Severability. This License will be governed by and construed in accordance with the laws of the State of Texas. This License shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of this License shall continue in full force and effect.
18. Third Party Acknowledgements. Portions of the Software utilize or include third party software and other copyrighted material. Acknowledgements, licensing terms and disclaimers for such material are contained in the online electronic documentation for the Software, and your use of such material is governed by their respective terms. BC Corporation may utilize data from Universal Weather and Aviation, Inc. To the extent of such use, the following restriction applies: While Universal Weather and Aviation, Inc. believes the data to be accurate at the time of distribution, this data must be used as pre-flight reference information only for planning purposes, NOT as certified in-flight reference information. Universal shall not be liable for factual or editorial errors and users should only act or rely on the information after they confirm its continuing accuracy. Universal shall employ its best efforts to ensure all data provided is accurate.
19. Indemnification. Licensee shall indemnify and hold harmless BC Corporation and its respective suppliers of data from and against all claims and liabilities (including claims by third parties) and costs and expenses (including attorneys fees) incident thereto or incident to successfully establishing the right to indemnification, for injury to or death of any person or persons, including employees of Licensee, if any, including any aircraft, arising out of or in any way relating to Licensee's breach of the terms of this Agreement and/or Licensee's utilization of the Software or Service or any other things provided hereunder, whether or not arising in tort or occasioned by the negligence of BC Corporation, except to the extent of any obligation, liability, claim or remedy in tort due to the recklessness of willful misconduct of BC Corporation. Licensee's obligations under this indemnity will survive the expiration, termination, completion or cancellation of this Agreement.
20. Legal Compliance. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
21. Third Party Beneficiary. Apple Inc. and Apple's subsidiaries are third party beneficiaries of this Agreement, and upon your acceptance of the terms and conditions of this Agreement Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third party beneficiary hereof.
22. Due Authority. By accepting this Agreement, Licensee acknowledges and confirms that Licensee is at least 18 years of age and competent to enter into a contract, and agrees to be bound by the terms and conditions of this Agreement.
23. Product Claims or Questions. Any claims by you or by any third party relating to the Software or to your possession and/or use of the Software, including, but not limited to: (i) product liability claims; (ii) any claim that the Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation shall be directed to BC Corporation, and not to Apple. Questions, complaints, or claims related to the Software should be directed to: BC Corporation firstname.lastname@example.org THIS LICENSE AGREEMENT CONSTITUTES A LEGALLY BINDING AGREEMENT BETWEEN YOU AND BC CORPORATION. BY USING ANY OF OUR PRODUCT YOU AGREE TO BE BOUND BY ITS TERMS. YOU SHOULD PRINT AND RETAIN A COPY OF THIS LICENSE AGREEMENT FOR YOUR RECORDS. A COPY OF THIS AGREEMENT IS AVAILABLE AT BC CORPORATION'S WEBSITE: http://kpistandard.com/Legals_EN.html All logos and images used on this website are registered trademarks of their respective companies.