Site Terms and Conditions
Scope
These are the Website Terms of Service (“Terms”) for Better Campgrounds & Marinas, LLC, and its subsidiaries and affiliates (collectively “BCM Solutions,” “we,” “our,” or “us”) which govern your access to and use of all BCM Solutions operated and controlled websites including www.bcmsolutions.store and www.bcmsolutions.shop (collectively the “BCM Solutions Websites”) and all other online services controlled or provided by BCM Solutions (collectively the “BCM Solutions Services”) and describes how BCM Solutions, as a data controller, collects, uses, and shares your information when you use and interact with the BCM Solutions Services. Please note your access to and use of the Services is conditioned on your acceptance of and compliance with these Terms. By accessing or using the Services you agree you are bound by these Terms.
PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE ACCESSING OR USING THE SERVICES AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, OBLIGATIONS, AND AVAILABLE REMEDIES RESULTING FROM YOUR USE OF THE BCM SOLUTIONS SERVICES. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AS DESCRIBED BELOW. BY ACCESSING OR USING THE SERVICES, YOU AGREE YOU ARE BOUND BY THESE TERMS OF SERVICE IN THEIR ENTIRETY. IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS INCLUDED WITHIN THESE TERMS, THEN YOU MAY NOT ACCESS OR USE THE SERVICES.
Your Agreement with BCM Solutions
These Terms constitute a binding legal agreement between you and BCM Solutions outlining your legal rights, obligations, and remedies arising from your use of the Services. You agree you are responsible for your use of the Services and any consequences resulting from your use of the Services. You may use the Services only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations. If you do not agree to these Terms, you may not use the Services.
You may use the Services only if you can form a binding contract with BCM Solutions and are not a person barred from receiving services under the laws of the United States or other applicable jurisdictions. If you are accepting these Terms and using the Services on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so and that you agree, on behalf of the party that you represent, to this Agreement. If you reside in a jurisdiction that restricts the use of the Services because of age, or restricts the ability to enter into agreements such as this one due to age, you must abide by such age limits and you must not use the Services.
By accessing or using the Services, you (the “User”) represent and warrant that you have the right, authority, and capacity to enter into this Agreement, you will abide by these Terms, and that you have read, understand, and agree to be bound by these Terms, and by the terms of BCM Solutions’ Privacy Policy These Terms apply to anyone who accesses or uses the Services, whether or not the individual has registered for an account with BCM Solutions. By using the Services, you agree you accept the terms and conditions of the Terms and Privacy Policy, including any dispute resolution, arbitration, limitation of damages, and choice of law provisions. The Services are always evolving and the form and nature of the Services may change from time to time without prior notice to you. In addition, BCM Solutions may permanently or temporarily stop providing the Services, or features of the Services, and may not provide you with prior notice.
Privacy
BCM Solutions knows you care about your privacy. Any information you or other users provide to BCM Solutions or which we collect about you or others is subject to our Privacy Policy. To learn more about how BCM Solutions collects, uses, shares, and secures your information, please review BCM Solutions’ Privacy Policy [Insert a link to our Privacy Policy], which is incorporated into your agreement with BCM Solutions by this reference.
Eligibility to Use the BCM Solutions Services
The BCM Solutions Services are intended for legal use by adults only and are not directed to children under the age of 18. You may not use the BCM Solutions Services in any manner if you are under the age of 18 and any registration by anyone under 18 is void. By accessing or using the BCM Solutions Services you represent and warrant: (1) that you are at least 18 years of age; (2) that you are legally permitted to use the BCM Solutions Services; (3) that your use of the BCM Solutions Services has not previously been suspended or revoked; and (4) that your use of the BCM Solutions Services are allowed by and in compliance with any and all applicable laws and regulations.
Collection and Use of Data and Information
You acknowledge that when you use, download, or install the BCM Solutions Services, BCM Solutions may use automatic means to collect information about your computer or devices, and about your use of the BCM Solutions Services including, for example, geolocation data about your device, cookies, web beacons, and other online analytic and usage tracking software. You also may be required to provide certain information as a condition to downloading, accessing, or using BCM Solutions Services or certain of its features or functionality. All information BCM Solutions collects through or in connection with the BCM Solutions Services is subject to BCM Solutions’ Privacy Policy. By accepting this Agreement, by downloading, accessing, or using the BCM Solutions Services, or by providing information to BCM Solutions under this Agreement directly or through the BCM Solutions Services, you consent to the full terms of the Privacy Policy and the uses of data and information described therein.
License
Grant of Limited License. Subject to your compliance with the terms and conditions of this Agreement, BCM Solutions grants you a limited, non-exclusive, non-transferable, non-sublicensable license to download, access, and use the BCM Solutions Services in the original unmodified form and format provided by BCM Solutions and consistent with the purposes for which BCM Solutions prepared, developed, and provided the BCM Solutions Services to you during the term and all upgrades, enhancements, and new version releases that may be provided by BCM Solutions from time to time, solely for your personal, non-commercial use and in accordance with and for the purposes contemplated by this Agreement. Any use of BCM Solutions Services other than as specifically authorized herein is strictly prohibited and will immediately terminate the license granted herein. BCM Solutions maintains all ownership of and reserves all rights not expressly granted in this Agreement.
License restrictions. Except as expressly set forth in Section 6.a., BCM Solutions reserves all rights and grants you no further licenses of any kind hereunder, whether by implication, estoppel, or otherwise. BCM Solutions licenses BCM Solutions Services to you strictly upon the condition that you accept all terms contained in this Agreement. BCM Solutions retains the right to revoke and terminate your license at any time for a violation of this Agreement, at BCM Solutions’ own discretion. Unless otherwise specifically stated in this Agreement, you agree that only BCM Solutions shall have the right to maintain, enhance or otherwise modify the BCM Solutions Services. By accepting this Agreement, downloading, accessing, or using the BCM Solutions Services, you indicate that you understand this Agreement and agree to be bound by all of its terms.
License Limitations As a condition of your license to use the BCM Solutions Services, you agree not to use the BCM Solutions Services: (1) for any purpose that is prohibited by this Agreement; or (2) for any other purpose not reasonably intended by BCM Solutions as typical or expected use of the BCM Solutions Services consistent with the purpose for which the BCM Solutions Services was developed and provided to you. Further, you agree you shall not:
Use the BCM Solutions Services for or in connection with any illegal purpose, or in violation of any applicable local, state, national, or international law or rule or regulation having the BCM Solutions of law;
Permit any other person to use your BCM Solutions Services Account or operate the BCM Solutions Services using your devices;
Copy, modify, translate, adapt, or otherwise create derivative works of or improvements to the BCM Solutions Services, whether or not patentable or otherwise protectable under intellectual property laws, including any revision, abridgment, condensation, or expansion of the BCM Solutions Services or any other form in which such the BCM Solutions Services may be recast, transferred, or adapted
Sublicense, assign, sell, rent, lease, lend, disclose, distribute, publish, transfer or otherwise make available the BCM Solutions Services or any features, functionality, or data from or of the BCM Solutions Services, to any third party for any reason, including by making the BCM Solutions Services available on a network where it is capable of being accessed by anyone not explicitly authorized to access the BCM Solutions Services under this Agreement;
Reverse engineer, disassemble, decompile, decrypt, re-engineer, reverse assemble, reverse compile, decode or otherwise attempt to derive or gain access to the source code of the BCM Solutions Services or any part thereof, or unbundle any components of the BCM Solutions Services or any part thereof, attempt to create the source code of the BCM Solutions Services or its structural framework (in whole or in part), or perform any process intended to determine the source code for the BCM Solutions Services;
Remove, disable, bypass, circumvent or otherwise create or implement any measures or workaround to any copy protection, rights management or security features in or protecting the BCM Solutions Services including, without limitation, attempting to circumvent any applicable configuration or usage limitations through any means or using virtualization, multiplexing, branching, or pooling technology to effectively extend the number of instances of the BCM Solutions Services or the number of end users having access to the BCM Solutions Services’ functionality, or creating multiple the BCM Solutions Services Accounts or screen names for an individual the BCM Solutions Services user, as applicable;
Take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large impact to BCM Solutions’ infrastructure or interfere or attempt to interfere, or attempt to interfere, with the proper working of the BCM Solutions Services or any activities conducted on or through the BCM Solutions Services;
Take any action or post or transmit any communication or solicitation designed or intended to obtain any password or other confidential information, or private information from any the BCM Solutions Services user;
Perform any fraudulent activity using or in connection with the BCM Solutions Services, including impersonating any person or entity, claiming false affiliations, accessing the accounts or passwords of others without permission, or falsifying your age, date of birth, or contact information;
Submit content linking or otherwise directing others to affiliate programs, multi-level marketing schemes, or off-topic content;
Use any robot, spider, scraper, or other automated means to access the BCM Solutions Services for any purpose without our express written permission;
Interfere with the operation of the BCM Solutions Services or any User’s enjoyment of the BCM Solutions Services, including without limitation, by: (i) uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious software or code; (ii) making unsolicited offers, advertisements, or other solicitations, directing spam or other unsolicited communications to other Users, or conducting your own contests or promotions using the BCM Solutions Services; (iii) attempting to collect personal information about Users or third parties without their consent; or (iv) interfering with or disrupting any networks, equipment, or servers connected to or used to provide the BCM Solutions Services, or violating the regulations, policies, or procedures of such networks, equipment, or servers;
Use the BCM Solutions Services, related content, or any component thereof, for any unintended commercial purpose, including advertising, offering for sale, or selling any item using the BCM Solutions Services;
Remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent or other intellectual property or proprietary rights notices from the BCM Solutions Services, including any copy thereof; or
Cause or permit any third party to do any of the aforementioned.
Reservation of Rights. You acknowledge and agree the BCM Solutions Services are provided under a limited license to use BCM Solutions Services and are not sold to you. You do not acquire any ownership interest in the BCM Solutions Services under this Agreement, or any other rights to the BCM Solutions Services other than to use the BCM Solutions Services in accordance with the express license granted, subject to all terms, conditions and restrictions, under this Agreement. BCM Solutions reserves and shall retain its entire right, title, and interest in and to any intangible property rights associated with the BCM Solutions Services, including, without limitation, the BCM Solutions Services and all copyrights, trademarks, and other intellectual property rights therein or relating thereto.
Updates. BCM Solutions may from time to time, in its sole discretion, develop and provide the BCM Solutions Services updates, which may include upgrades, revisions, modifications, bug fixes, patches, error corrections, and/or new features (collectively, including any related documentation, the “Updates”). Updates may also modify or delete in their entirety certain features and functionality of BCM Solutions Services, and BCM Solutions may issue such updates without notice to you. You agree BCM Solutions has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality of the BCM Solutions Services. You agree all Updates shall be deemed part of BCM Solutions Services and be subject to all terms and conditions of this Agreement.
Accounts and Registration
Registering for an BCM Solutions Services Account. In order to use or access the BCM Solutions Services or certain features of the BCM Solutions Services, we may require you to register for a user account (a “the BCM Solutions Services Account”) and become a registered user of the BCM Solutions Services (a “Registered User”). You may not become a Registered User on behalf of someone else. You must register as a Registered User only with your own personal information and credentials. In the event you are asked to obtain a the BCM Solutions Services Account and become a Registered User, you agree to: (i) provide accurate, current, and complete information about yourself during the registration process; (ii) maintain and promptly update such information to keep it accurate, current, and complete; (iii) maintain the security of your password, PIN, and login information, and that you will not disclose your password, PIN, or login information to any third party; (iv) accept full responsibility for all use of any the BCM Solutions Services Account you register, and for any actions that arise from your BCM Solutions Services Account or take place using your BCM Solutions Services Account, whether or not you have authorized such activities or actions; and (v) immediately notify BCM Solutions of any unauthorized use of your the BCM Solutions Services Account. Failure to abide by this Agreement shall constitute a breach of the Agreement, which may result in immediate termination of your the BCM Solutions Services Account.
BCM Solutions Services Account Data Collection. BCM Solutions will collect certain information about you in connection with registration for the BCM Solutions Services Account, which may include personal information and other information such as a username, password, personal profile, pictures, or location. Some of this the BCM Solutions Services Account information may be displayed within the BCM Solutions Services to others who also have access to the BCM Solutions Services Accounts associated with you. All information BCM Solutions collects through or in connection with the BCM Solutions Services and the BCM Solutions Services Accounts is subject to BCM Solutions’ Privacy Policy.
Your BCM Solutions Services Account Information. You may not select or use a the BCM Solutions Services Account name, handle, or login that: (i) is comprised of or includes the name of another person with the intent to impersonate that person; (ii) is subject to any rights of a person other than you without appropriate authorization; (iii) suggests a false association between you and BCM Solutions; or (iv) that, in BCM Solutions’ sole discretion, is offensive, vulgar, or obscene. BCM Solutions reserves the right to refuse registration of an BCM Solutions Services Account, or cancel any account name, in its sole discretion.
BCM Solutions’ Termination of Your BCM Solutions Services Account. BCM Solutions maintains the right to suspend or disable an BCM Solutions Services Account, or terminate this Agreement, at its sole discretion and without prior notice to you if you breach the Agreement, or if BCM Solutions otherwise determines such action is warranted. BCM Solutions reserves the right to revoke your access to and use of the BCM Solutions Services at any time, with or without cause. In the event BCM Solutions terminates this Agreement for your breach, you will remain liable for any amounts due BCM Solutions hereunder. BCM Solutions may also impose limits on certain BCM Solutions Services, features, or Content, or restrict your access to parts or all of the BCM Solutions Services with or without notice to you. Upon such termination or suspension, you must immediately cease accessing or using BCM Solutions Services, and agree not to access, re-download, re-register or otherwise make use of, or attempt to use, BCM Solutions Services. You acknowledge that we reserve the right to take action, technical, legal, or otherwise, to block, nullify, or deny your ability to access BCM Solutions Services. You understand that we may exercise this right in our sole discretion, and this right shall be in addition to and not in substitution for any other rights and remedies otherwise available to BCM Solutions.
Your Cancellation of Your BCM Solutions Services Account. If you obtain a BCM Solutions Services Account, you may cancel your BCM Solutions Services Account at any time by contacting BCM Solutions using the Contact information provided below. Upon cancellation of your the BCM Solutions Services Account, BCM Solutions may: (i) retain your information and content for a commercially reasonable time for backup, archival, and/or audit purposes; and (ii) retain, use and continue to show in anonymized form data and information you made available to the public on the BCM Solutions Services, including your links to third party content, comments, likes, and similar content.
Security
BCM Solutions takes reasonable efforts to secure and protect the privacy, accuracy, and reliability of the BCM Solutions Services and information BCM Solutions collects about you through your use of the BCM Solutions Services, and to protect such information from loss, misuse, unauthorized access, disclosure, alteration, and destruction. BCM Solutions implements reasonable security measures consistent with industry standards. Any information you transfer to or from BCM Solutions or the BCM Solutions Services are transferred at your own risk.
Modification of The Agreement
BCM Solutions may modify and update these Terms periodically to take into account changes in BCM Solutions Services, BCM Solutions’ business, and changes to the law. BCM Solutions reserves the right to modify these Terms at any time, in our sole discretion. We may contact you directly in the event of material changes to these Terms, but since we may not always be required to do so, you should periodically review the updated Terms to stay informed of any changes and ensure your continued agreement.
We will notify you of material changes to these Terms by posting a notice at BCM Solutions Services and, if we have email address on file for you, by contacting you via email. By continuing to access or use the BCM Solutions Services after those changes become effective, you agree to be bound by the revised Website Terms. The terms of the current Agreement supersede all previous notices or statements and become the terms and conditions that govern your use of the BCM Solutions Services. You may determine the date the Terms were last amended and the current version by referring to the “Effective” date shown at the top of the Terms. Your use of BCM Solutions Services after the Effective date serves as your permission for your personal information to be used under the terms of the current Terms.
Content
Content Definitions. There are various types of content involved in providing and operating the BCM Solutions Services. Throughout the remainder of this Agreement, we will use the term “Content” to mean all text, links, graphics, images, photos, music, software, audio, video, information, software, copyrights, trademarks, trade dress, and other materials and intellectual properties comprising or included within the BCM Solutions Services. “BCM Solutions Content” means Content that BCM Solutions makes available to you through the BCM Solutions Services, including Content owned by BCM Solutions or licensed to BCM Solutions from a third party (excluding User Content). “User Content” means any Content posted, uploaded, published, submitted, transmitted, or otherwise made available through the BCM Solutions Services by a User, whether or not a Registered User, or whether or not a User owns or created the Content, including all copyrights, inventions, and other Intellectual Property rights. “Collective Content” collectively refers to all of the Content available through BCM Solutions Services, including BCM Solutions Content and User Content.
Content Ownership. All BCM Solutions Content is owned by BCM Solutions or its third-party licensing partners. Your use of BCM Solutions Services does not grant you any rights to the use or control of any of the BCM Solutions Content, except those rights expressly granted by this Agreement. Any copying, republication, redistribution, or creation of derivative works based upon the BCM Solutions Content, including by caching, framing or any similar means, without the prior written consent of BCM Solutions is strictly prohibited.
The BCM Solutions Services and BCM Solutions Content are protected by copyright, trademark, and other laws of the United States and foreign countries. Except as expressly provided in this Agreement, BCM Solutions and its licensors exclusively own all rights, title, and interest in and to the BCM Solutions Services and BCM Solutions Content, including all associated Intellectual Property rights. You may not remove, alter, or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the BCM Solutions Services or BCM Solutions Content. BCM Solutions or its partners shall retain all worldwide rights in and to all Intellectual Property comprising or included within the BCM Solutions Content, including, but not limited to all trademarks, graphics, logos, designs, page headers, button icons, scripts, service names, software code, the “look and feel” of the BCM Solutions Services, and copyrighted works associated with the Service is common law and/or registered copyrights, trademarks, and/or trade dress of BCM Solutions.
You should assume that everything you read or see on the BCM Solutions Services is copyrighted or otherwise protected and owned by BCM Solutions, or a third party who licensed the right to use such content to BCM Solutions. Unless otherwise expressly noted, nothing that you read or see on the BCM Solutions Services or other Collective Content, or any of the source code or HTML code that BCM Solutions uses to generate the BCM Solutions Services may be copied, reproduced, modified, distributed, transmitted, republished, displayed, or performed for commercial use without the prior written consent of BCM Solutions or the appropriate Content owner without prior written consent, except as provided in this Agreement or otherwise permitted by relevant law.
No Collective Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without BCM Solutions’ prior written permission, with the exception of your own User Content that you legally post on the BCM Solutions Services. Except for your own User Content, you may not upload or republish Collective Content on any Internet, Intranet or Extranet site or incorporate the information in any other database or compilation, and any other use of the Collective Content is strictly prohibited.
BCM Solutions is not the publisher or speaker of User Content, or any other information on the BCM Solutions Services provided by third party content providers, and BCM Solutions is not liable for any claims related to such information. Any mention in the BCM Solutions Services of products or the BCM Solutions Services provided by third parties is for informational purposes only and constitutes neither an endorsement nor a recommendation by BCM Solutions. BCM Solutions assumes no responsibility for those products or the BCM Solutions Services.
BCM Solutions’ License to You Subject to your compliance with this Agreement, BCM Solutions grants you, to the extent it is able to do so, a limited, non-exclusive, non-transferable, non-sublicensable license to access, view, download, print, and otherwise use the BCM Solutions Services and the Collective Content as intended.
You agree you will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the BCM Solutions Services or Collective Content, except as expressly permitted in this Agreement. No licenses or rights are granted to you by implication or otherwise except for the licenses and rights expressly granted in this Agreement. Any use of BCM Solutions Services or the Collective Content other than as specifically authorized herein, without the prior written permission of BCM Solutions, is strictly prohibited and will immediately terminate the license granted herein. Such unauthorized use may also violate applicable laws including copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in this Agreement shall be construed as conferring any license to Intellectual Property rights, whether by estoppel, implication or otherwise. This license is revocable by BCM Solutions at any time without notice and with or without cause.
Your License to BCM Solutions. Certain features of the BCM Solutions Services may permit our Users to post, upload, publish, submit, or transmit User Content they created, owned, or are authorized to use, to be made available through the BCM Solutions Services. By making available User Content through the BCM Solutions Services, you hereby grant to BCM Solutions and its respective subsidiaries, affiliates, successors, assigns, licensees, resellers, sub-licensees, and other such parties as BCM Solutions may designate from time to time, which may include any or all other users of the BCM Solutions Services, an irrevocable, worldwide, perpetual, non-exclusive, transferable, sublicensable, royalty-free license, to use, reproduce, access, view, copy, adapt, import, edit, modify, reformat, translate, post, distribute, license, sell, offer to sell, transfer, commercialize, publicly display, publicly perform, transmit, stream, broadcast, create derivative works from, and otherwise utilize such User Content, in whole or in part, for any purpose whatsoever, in any and all media and distribution methods (now known or later developed), including, without limitation, on or within the BCM Solutions Services, or for advertising or marketing of the BCM Solutions Services, as well as a license to use your name and likeness in marketing materials and in the BCM Solutions Services to promote your use of the BCM Solutions Services. You agree and acknowledge that this license cannot be terminated and the waiver cannot be revoked without the express written consent of BCM Solutions once you have submitted User content within BCM Solutions Services.
Your grant of this license to BCM Solutions to utilize your User Content and any derivative works of the User Content created by using the BCM Solutions Services does not displace your ownership of the User Content, or any license or authority you may have from any third parties to utilize the Content you share as User Content. BCM Solutions does not claim ownership rights in your User Content and nothing in this Agreement will be deemed to restrict any rights that you may have to use and exploit any such User Content.
You acknowledge and agree that you are solely responsible for all User Content that you make available through BCM Solutions Services. Accordingly, you represent and warrant that: (1) you either are the sole and exclusive owner of all User Content that you make available through the BCM Solutions Services, or that you have all rights, licenses, consents, and releases necessary to utilize and share the User Content, and to grant BCM Solutions the rights in such User Content contemplated under this Agreement; (2) neither the User Content, your posting, uploading, publication, submission, or transmittal of the User Content, or BCM Solutions’ use of the User Content (or any portion thereof) on, through, or by means of the BCM Solutions Services will infringe, misappropriate, or violate a third party’s patent, copyright, trademark, trade secret, moral rights, or other Intellectual Property rights, or rights of publicity or privacy, or contractual rights or agreements, or result in the violation of any applicable law or regulation; and (3) any persons identified, depicted, or shown in your User Content, in whole or part, if any, (and if a minor, the parent or guardian of the minor) has provided consent to the use of the User Content on and through the BCM Solutions Services.
We do not approve, control, or endorse your or anyone else’s User Content and have no obligation to do so. However, we reserve the right (but assume no obligation) to remove or modify any User Content from BCM Solutions Services at any time, for any reason.
Intellectual Property
Definition. “Intellectual Property Rights” means any and all intellectual property and rights including, but not limited to all worldwide current and future registered or unregistered rights in and to all: (i) rights associated with works of authorship including but not limited to copyrights, copyrightable works of authorship, exploitation rights, moral rights, graphics, logos, designs, page headers, button icons, scripts, software, software code, and any suggestions, ideas, enhancement requests, feedback, recommendations, or other information provided by you or any other party relating to the BCM Solutions Services; (ii) trademark, service mark, trade dress, and trade name rights and similar rights; (iii) trade secret rights, including, without limitation, all rights in confidential information, proprietary and trade secret information, proprietary rights whether arising by law or contract; (iv) patents, patentable inventions and processes, designs, algorithms, and other industrial property rights; (v) all other intellectual and industrial property rights of every kind and nature throughout the world however designated, whether arising by operation of law, contract, license, or otherwise, and all registrations, applications, renewals, extensions, continuations, divisions, or reissues hereof now or hereafter in force (including any rights in any of the foregoing) and any tangible embodiments of any of the foregoing.
Intellectual Property Rights. BCM Solutions, along with any third-party licensors and partners, own and maintain all rights, title, and interest in and to the BCM Solutions Services and all related documentation and Intellectual Property Rights. BCM Solutions’ Intellectual Property Rights may not be used in connection with any product or service in any manner that is likely to cause confusion or otherwise violate the rights granted to BCM Solutions in the BCM Solutions’ Intellectual Property Rights, including use of any BCM Solutions’ Intellectual Property Rights as part of any software, software code, software platforms, software plugins, integrations with third party software, mobile device software and code, websites, webpages, landing pages, social media integrations, designs, trademarks, trade dress, and/or as part of domain names, email addresses, account names or handles, or other digital properties.
Intellectual Property Ownership. Nothing contained herein shall be deemed in any way to transfer any ownership or other interest of any BCM Solutions’ Intellectual Property Rights to you. This Agreement is not a sale and does not convey to you any rights of ownership in or related to the BCM Solutions Services, related documentation, or any Intellectual Property Rights owned by BCM Solutions. The BCM Solutions name and trademarks, any BCM Solutions logos and designs, and any product and services names associated with the BCM Solutions Services or other Intellectual Property of BCM Solutions or its affiliated third parties are owned or licensed by BCM Solutions, and no right or license is granted to you by this Agreement to you to use BCM Solutions’ Intellectual Property Rights for purposes not directly related to your use of the BCM Solutions Services.
Linking & Framing
BCM Solutions grants you a limited, revocable, and nonexclusive right to create a hyperlink to the webpages of BCM Solutions Services, so long as the links do not portray BCM Solutions or its products or Services in a false or misleading manner. You may not use any of BCM Solutions’ logo or other proprietary graphics or trademarks as part of the link without express permission. “Framing” or “mirroring” the BCM Solutions Services or any of their content is prohibited without the prior written consent of BCM Solutions.
The BCM Solutions Services may contain links to third-party websites or resources, such as our online store, YouTube, Twitter, and Facebook. You acknowledge and agree that BCM Solutions is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by BCM Solutions of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources. You further acknowledge and agree that BCM Solutions 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.
Representations & Warranties
Your Representations & Warranties. In addition to other representations and warranties made herein, you expressly represent and warrant that you are legally entitled to enter into this Agreement, and that you have the right, authority, and capacity to enter into this Agreement and to abide by the terms and conditions of this Agreement. You agree to comply with all applicable laws when making use of BCM Solutions Services. You further represent, warrant, and agree that: (i) you will only use the BCM Solutions Services for lawful purposes, and will not use the BCM Solutions Services for any unlawful or fraudulent purposes; (ii) you will not use the BCM Solutions Services to cause nuisance, annoyance or inconvenience; (iii) you will not impair the proper operation of the BCM Solutions Services or any network which is used to support or access the BCM Solutions Services; (iv) you will not try to harm the BCM Solutions Services in any way whatsoever; (v) you will not copy, or distribute the BCM Solutions Services or other content without written permission from BCM Solutions; (vi) you will only use the BCM Solutions Services as agreed to with BCM Solutions in an authorized writing, and will not attempt to license or resell any aspect of the BCM Solutions Services to any third party without BCM Solutions’ express authorization; and (vii) you will keep secure and confidential all account passwords or any identification which allow access to the BCM Solutions Services.
BCM Solutions’ Representations & Warranties. BCM Solutions warrants to you that BCM Solutions will use commercially reasonable efforts to deliver the BCM Solutions Services in accordance with this Agreement. BCM Solutions warrants that the BCM Solutions Services will be delivered in a professional and workmanlike manner. BCM Solutions further warrants that to the best of BCM Solutions’ knowledge, no BCM Solutions Services delivered to you hereunder shall infringe on any third-party patent, copyright, or other Intellectual Property right.
Disclaimer of Warranty
IN ADDITION TO OTHER DISCLAIMERS CONTAINED IN THIS AGREEMENT, OTHER THAN AS EXPRESSLY STATED IN THIS SECTION, THE BCM SOLUTIONS SERVICES ARE PROVIDED “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, NO OTHER WARRANTIES, GUARANTEES, CONDITIONS OR REPRESENTATIONS, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, ARE MADE WITH RESPECT TO THE BCM SOLUTIONS SERVICES PROVIDED IN CONNECTION WITH THIS AGREEMENT, AND ALL OTHER WARRANTIES, INCLUDING WITHOUT LIMITATION, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, AND UNINTERRUPTED, ERROR-FREE USE ARE EXPRESSLY DISCLAIMED. THIS DISCLAIMER IS APPLICABLE TO ANY DAMAGE OR INJURY RESULTING FROM NEGLIGENCE OR OMISSION OF BCM SOLUTIONS, OPERATION OR MISOPERATION OF THE BCM SOLUTIONS SERVICES, COMPUTER VIRUS OR OTHER SIMILAR ITEM, TELECOMMUNICATIONS ERRORS, OR UNAUTHORIZED ACCESS TO OR USE OF THE BCM SOLUTIONS SERVICES OR USER INFORMATION THROUGH UNAUTHORIZED USE, THEFT, OR ANY OTHER MEANS. IN NO EVENT WILL BCM SOLUTIONS OR ANY OF ITS AFFILIATES, AGENTS, EMPLOYEES, ASSIGNS OR THIRD-PARTY PARTNERS BE HELD LIABLE FOR ANY USE OF THE BCM SOLUTIONS SERVICES BY A PARTY THAT IS NOT A BCM SOLUTIONS SERVICES USER, INCLUDING TORTIOUS OR ILLEGAL CONDUCT. BCM SOLUTIONS DOES NOT WARRANT THAT THE BCM SOLUTIONS SERVICES WILL MEET YOUR OR ANY STATED REQUIREMENTS OR THAT THE OPERATION OF THE BCM SOLUTIONS SERVICES WILL BE UNINTERRUPTED OR ERROR FREE. IN NO EVENT SHALL BCM SOLUTIONS NOR ITS AFFILIATES, EMPLOYEES, AGENTS OR PARTNERS BE RESPONSIBLE FOR ANY LOSS RESULTING FROM USE OR UNAVAILABILITY OF THE BCM SOLUTIONS SERVICES PROVIDED OR INFORMATION OR CONTENT OF THE BCM SOLUTIONS SERVICES PROVIDED, INCLUDING BUT NOT LIMITED TO ANY SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THIS AGREEMENT, OR THE OLUTION SOLUTIONS SERVICES (WHETHER THE CLAIM IS BASED UPON BREACH OF CONTRACT, BREACH OF WARRANTY, STRICT LIABILITY, TORT OR OTHERWISE) INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, LOSS OF DATA OR INFORMATION OF ANY KIND, LOSS OF REVENUE, OR LOSS OF PROFITS, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS DISCLAIMER IS APPLICABLE TO ANY DAMAGE OR INJURY RESULTING FROM NEGLIGENCE OR OMISSION OF BCM SOLUTIONS, COMPUTER VIRUSES OR OTHER SIMILAR ITEMS, TELECOMMUNICATIONS ERRORS, OR UNAUTHORIZED ACCESS TO OR USE OF USER INFORMATION THROUGH THEFT OR ANY OTHER MEANS. BCM SOLUTIONS IS NOT LIABLE FOR CRIMINAL, TORTIOUS, OR NEGLIGENT ACTIONS OR OMISSIONS OF THIRD PARTIES THAT AFFECT THESE SERVICES. IN NO EVENT WILL BCM SOLUTIONS OR ANY OF ITS AFFILIATES, AGENTS, EMPLOYEES, ASSIGNS OR PARTNERS BE HELD LIABLE FOR ANY TORTIOUS OR ILLEGAL CONDUCT OF OTHERS. IN NO EVENT WILL BCM SOLUTIONS OR ANY OF ITS AFFILIATES, AGENTS, EMPLOYEES OR ASSIGNS BE HELD LIABLE FOR ANY DAMAGE TO EQUIPMENT, HARDWARE, OR OTHER PROPERTY, INCLUDING COMPUTING DEVICES, OF USER OR PERSONAL INJURY THAT ARISES IN CONNECTION WITH USE OF THE BCM SOLUTIONS SERVICES. ANY IMPLIED WARRANTIES THAT BY LAW CANNOT BE DISCLAIMED ARE LIMITED IN DURATION TO: (I) NINETY (90) DAYS FROM THE DATE OF YOUR ACCEPTANCE OF THIS AGREEMENT; OR (B) THE SHORTEST PERIOD PERMITTED BY LAW, WHICHEVER IS GREATER.
Limitation of Liability
THE MAXIMUM CUMULATIVE LIABILITY OF BCM SOLUTIONS, ITS MANAGING MEMBER(S), AND OFFICERS TO LICENSEE ARISING OUT OF OR RELATING TO THE BCM SOLUTIONS SERVICES, OR ANY OTHER ASPECT OF THIS AGREEMENT, FOR ANY CAUSE WHATSOEVER, REGARDLESS OF THE FORM OF ANY CLAIM, ACTION OR PROCEEDING, WHETHER BASED IN CONTRACT, TORT OR ANY OTHER LEGAL THEORY SHALL NOT EXCEED $100 OR THE AMOUNT PAID BY THE USER, IF ANY, FOR ACCESSING THE BCM SOLUTIONS SERVICES, WHICHEVER IS GREATER. IN NO EVENT SHALL BCM SOLUTIONS ITS LICENSORS OR CONTRACTORS BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL, INDIRECT OR PUNITIVE DAMAGES OR EXPENSES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO, LOST PROFITS, LOST OPPORTUNITY COSTS, LOSS OF DATA, AND BREACH OF DATA SECURITY, EVEN IF THE PARTY HAS BEEN ADVISED OF THEIR POSSIBLE EXISTENCE. THE ALLOCATIONS OF LIABILITY REPRESENT THE AGREED AND BARGAINED-FOR UNDERSTANDING OF THE PARTIES AND PROVIDER’S COMPENSATION FOR THE SERVICES REFLECTS SUCH ALLOCATIONS. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO LICENSEE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION OR LIMITATIONS AND LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, THE LIABILITY OF BCM SOLUTIONS IS LIMITED TO THE GREATEST EXTENT PERMITTED BY THE LAW OF SUCH JURISDICTION.
Indemnification
You agree you shall indemnify and hold harmless BCM Solutions, its subsidiaries, affiliates, successors or assigns and their respective directors, officers, shareholders, and employees against any and all claims, loss, injury, death, damage, liability, deficiency, action, judgment, interest, award, penalty, fine, cost or expense, including reasonable attorney and professional fees and costs, and the cost of enforcing any right to indemnification hereunder and the cost of pursuing any insurance providers arising out of or related to your use of the BCM Solutions Services, violation of this Agreement, the infringement by you of any Intellectual Property, or violation of any right of any person or entity by you or any third party using your BCM Solutions Services Account, information, login, or password. BCM Solutions reserves the right, at our own expense, to assume the exclusive defense and control of (but not the liability for) any matter otherwise subject to indemnification by you. You will be liable to BCM Solutions for BCM Solutions’ reasonable attorney fees in such case.
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Term and Termination
BCM Solutions may change, suspend, or discontinue the BCM Solutions Services for any reason, at any time, including the availability of any Services, features, or Content, without notice to you. BCM Solutions may also impose limits on certain Services, features, or Content, or restrict your access to parts or all of the BCM Solutions Services with or without notice to you.
BCM Solutions may also terminate or suspend your use of or access to BCM Solutions Services at any time, immediately, without notice, and without refund, for any violation of these Terms, in our sole and absolute discretion. Upon such termination or suspension, you must immediately cease accessing or using BCM Solutions Services, and agree not to access, re-download, re-register or otherwise make use of, or attempt to use, BCM Solutions Services.
BCM Solutions may also remove or disable access to any Collective Content and suspend or ban your access to the BCM Solutions Services or any BCM Solutions account at any time for any violation of these Terms, including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such content. To report violations of the Terms, please contact BCM Solutions using the information below. You are solely responsible for your interactions with other Users of the BCM Solutions Services. BCM Solutions reserves the right, but has no obligation, to monitor disputes between you and other Users.
You acknowledge that we reserve the right to take action, technical, legal, or otherwise, to block, nullify, or deny your ability to access BCM Solutions Services. You understand that we may exercise this right in our sole discretion, and this right shall be in addition to and not in substitution for any other rights and remedies otherwise available to BCM Solutions. Continued use of the BCM Solutions Services, its components, databases, or documentation, or any part thereof, after termination is a breach of the terms of this Agreement and a violation of copyright laws. You acknowledge that we may disable access to, refuse to post, or modify or remove any information or content, in whole or in part, for any reason or no reason at all. All provisions of this Agreement, which by their nature should survive termination, shall survive the termination of this Agreement, including, without limitation, provisions regarding ownership, warranty disclaimers, indemnity, and limitations of liability.
Third Party Advertising & Marketing
BCM Solutions may employ third party advertising and marketing to deliver ads, information, and other promotions to you, both through the BCM Solutions Services, and via other mechanisms to provide such materials to you outside of the BCM Solutions Services such as on third party websites or platforms. By consenting to this Agreement, you agree to receive such advertising and marketing from BCM Solutions and our partners. If you do not wish to receive such advertising, you may notify us in writing using the contact information provided below. BCM Solutions may compile and release information regarding you and your use of the BCM Solutions Services on an anonymous basis as part of a customer profile or similar report or analysis. You agree that it is your responsibility to take reasonable precautions in all actions and interactions with any third party you interact with through BCM Solutions Services.
Third Party materials
Third Party Materials. BCM Solutions may display, include, or make available third-party content (including data, information, applications, and other products services and/or materials) or provide links to third-party websites or services (“Third Party Materials”) through the BCM Solutions Services. You hereby acknowledge and agree BCM Solutions is not responsible for Third Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, safety, decency, quality, or any other aspect thereof. BCM Solutions does not assume and will not have any liability or responsibility to you or any other person or entity for any Third-Party Materials. Third Party Materials and links thereto are provided solely as a convenience to you and you access and use them entirely at your own risk and subject to such third parties’ terms and conditions.
Third Party Software. Certain software BCM Solutions provides to you through or relating to the BCM Solutions Services may contain certain third-party software, including but not limited to “open source” software. BCM Solutions represents and warrants that the licenses governing the use of such third party software allow for BCM Solutions’ use and incorporation of such third party software in the BCM Solutions Services and BCM Solutions’ ability to license the BCM Solutions Services to you for the uses described herein, provided that your use of the BCM Solutions Services are limited to the BCM Solutions Services’ intended use and the license granted by this Agreement.
No Warranty. BCM Solutions makes no warranty or representation whatsoever, express or implied, with respect to the merchantability or fitness for any purpose with respect to the third party software, nor does BCM Solutions assume any liability whatsoever with respect to any use of third party software or any portion thereof or with respect to any damages which may result from such use. Any warranties provided hereunder by BCM Solutions to you shall not be construed as warranties made by the third-party software owner.
Additional Terms
Electronic Communications
As part of your use of BCM Solutions Services, you may be asked to elect to receive certain email notifications from BCM Solutions and its partners. These messages may include event updates and other promotions. Your election to receive such messages represents your express written consent to receiving emails from BCM Solutions related to the BCM Solutions Services. You may opt-out of receiving certain notifications in association with the BCM Solutions Services by completing the opt-out process provided to you with each email message. By opting-out of receiving notifications, you understand that we may not be able to communicate important information to you. Please note we may still contact you regarding certain important BCM Solutions Services announcements or notifications even if you have opted-out from other messages.
Assignment
You shall have no right to assign or transfer this Agreement or any license granted hereunder, in whole or in part, to any third party without BCM Solutions’ express prior written consent. Any attempt by you to assign or transfer your rights under this Agreement without such consent is null and void. This Agreement shall be binding on the parties and their respective permitted successors and assigns and shall inure to the benefit of the parties and their respective permitted successors and assigns. Notwithstanding the foregoing, BCM Solutions may, at its sole and absolute discretion, assign its rights in and to the BCM Solutions Services and its rights under this Agreement to any third party at any time without notice.
Equitable Remedies
You acknowledge and agree that a breach or threatened breach by you of any of your obligations under this Agreement would cause BCM Solutions irreparable harm for which monetary damages would not be an adequate remedy and that, in the event of such breach or threatened breach, BCM Solutions will be entitled to equitable relief, including in a restraining order, an injunction, specific performance and any other relief that may be available from any court of competent jurisdiction, without any requirement to post a bond or other security, or to prove actual damages or that monetary damages are not an adequate remedy. Such remedies are not exclusive and are in addition to all other remedies that may be available at law, in equity or otherwise.
Export Control
You agree to comply fully with all U.S. and foreign export laws and regulations to ensure that neither the BCM Solutions Services, nor any technical data related thereto, nor any direct product thereof, is exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations. By using the BCM Solutions Services, you represent and warrant that: (1) 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 (2) you are not listed on any U.S. Government list of prohibited or restricted parties.
International Use
The BCM Solutions Services are controlled and operated by BCM Solutions from within the United States. BCM Solutions makes no representations that materials contained within the BCM Solutions Services are appropriate or available for use in other locations, and access to the BCM Solutions Services from locations where such activity is illegal is prohibited. Those who choose to use BCM Solutions Services from other locations do so of their own initiative and are solely responsible for compliance with all applicable laws.
Governing Law; Venue; Compliance; Jury Waiver; Attorney’s Fees
Governing Law and Venue. This Agreement shall be governed, construed, and interpreted in accordance with the laws of the State of Florida, which shall apply without regard to any choice of laws or conflict of law provisions which would direct the application of the laws of another jurisdiction. Venue for any litigation filed with respect to this Agreement shall be exclusive in the courts, state or federal, sitting in Walton County, Florida.
Compliance with the Law. BCM Solutions reserves the right at all times to disclose any information as BCM Solutions deems necessary to satisfy any applicable law, regulation, legal process, or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in BCM Solutions’ sole discretion. Users of BCM Solutions Services are responsible for compliance with all applicable regulations and laws.
Jury Waiver. TO THE EXTENT ALLOWED BY THE GOVERNING LAW, EACH PARTY HEREBY WAIVES ALL RIGHTS TO A JURY TRIAL WITH RESPECT TO ANY LITIGATION INVOLVING THIS AGREEMENT. Nothing herein shall prohibit a party from availing itself of a court of competent jurisdiction for the purpose of injunctive relief.
Attorney’s Fees In the event BCM Solutions institutes suit to enforce any right or obligation against you arising from or incidental to this Agreement, BCM Solutions shall be entitled to recover, in addition to any damages or other relief awarded to it, reasonable attorney’s fees, court costs, fees of testifying experts or consultants, and other expenses related thereto.
Severability
If any provision of this Agreement is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of this Agreement will continue in full force and effect.
Survival
All provisions of this Agreement, which by their nature should survive termination shall survive the termination of this Agreement, including, without limitation, provisions regarding ownership, warranty disclaimers, indemnity, and limitations of liability.
Independent Entities
The parties are separate independent entities, and nothing herein is intended or will be construed as creating a partnership, employment, joint venture, or agency relationship between the parties.
Notices
All notices, requests, demands, waivers, consents, approvals or other communications required or permitted hereunder shall be in writing, and shall be deemed immediately effective when (i) delivered personally, (ii) sent by a nationally recognized same day or overnight courier service, (iii) sent by certified United States mail with first class postage prepaid and return receipt requested, or (iv) sent by equipment which transmits a fax with a printed confirmation page showing receipt of all pages. In each case the notice or other communication shall be addressed to the affected party or parties at the addresses or fax numbers set forth below their signatures, or to such other addresses or fax numbers as the parties may hereafter designate in writing.
Headings
The Article and Section headings contained in this Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement.
Waiver of Terms
No waiver by a party of any of the terms, provisions, or conditions hereof shall be effective unless said waiver shall be in a writing signed by an authorized officer of the party against whom the waiver is sought to be enforced. The failure of either party to enforce any term, provision or condition of this Agreement shall in no manner affect the right to enforce the same at a later time, and the waiver by either party of any breach of any term, provision or condition in this Agreement shall not be construed to be a waiver by such party of any subsequent or succeeding breach of such term, provision or condition or a waiver by such party of any breach of any other term, provision or condition.
Entire Agreement
This Agreement embodies the entire agreement between you and BCM Solutions with respect to the BCM Solutions Services and supersedes and replaces all other agreements existing between BCM Solutions and you with respect to the BCM Solutions Services. If there is a conflict between this Agreement and any other agreement between the parties, the more restrictive on you shall control. Neither of the parties shall be bound by any conditions, definitions, warranties, understandings, or representations with respect to the subject matter of this Agreement other than as expressly provided herein.
Updates/Effective Date
We reserve the right to amend this Policy from time to time. When we do amend this Policy, the revised Policy will be posted here so please visit this web page to view the most current Policy.
Effective Date: February 1, 2024
Contact
All requests, questions, or concerns related to the BCM Solutions Services and this Agreement should be directed to BCM Solutions via the following contact information:
495 Grand Boulevard, Suite 206
Miramar Beach, FLorida 32550
Phone: 574-339-5092
Email: info@bcmsolutions.store