Terms of Use
These Terms and Conditions constitute a binding agreement ("Agreement") between you and BXC Technology, Inc. (“BXC”). Your access, browsing, review, and use of this website ("Site") acknowledge that you have read, understood, and agree to be bound by this Agreement and to comply with all applicable laws. If you do not agree to these terms, do not use this Site. This Site may contain other proprietary notices and copyright information that must be observed and followed. Information on this Site may contain technical inaccuracies or typographical errors.
Please read this Agreement carefully and be aware that BXC, in its sole discretion and without prior notice, reserves the right to change, modify, add or delete portions of this Agreement. It is your responsibility to review this Agreement periodically to learn about any updated changes. Use of this Site means an irrevocable waiver of any claim that you did not read, understand, or agree to the terms of this Agreement.
Copyright
All copyrighted information contained in this Site is the property of BXC and/or owned by third parties. Except as stated herein, none of the information may be copied, reproduced, distributed, downloaded, disseminated, or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording or otherwise, without the prior written consent of BXC or the copyright owners.
BXC grants you a non-exclusive, non-transferable license to access and download, display and print one copy of the materials on this Site on a single computer solely for your personal or internal business use, provided that you do not modify the materials in any way and that you retain all copyright and other proprietary notices displayed on the Site content. This permission terminates immediately and automatically if you breach this Agreement. You may not otherwise reproduce, modify, distribute, transmit, post, or disclose the materials without BXC's prior written consent. Any unauthorized use of the materials contained on this Site may violate copyright laws, trademark laws, the laws of privacy and publicity and/or intellectual property laws. All content and functionality on this Site, including text, graphics, logos, icons, and images and the selection and arrangement thereof, are the exclusive property of BXC or its licensors and is protected by U.S. and international copyright laws. All rights not expressly granted are reserved. Your use of this Site constitutes your honoring these copyrights and other intellectual property rights reflected on the Site.
Trademarks
Unless otherwise noted, all trademarks, service marks and logos ("Trademarks") used and displayed on this Site are registered and unregistered Trademarks of BXC. Other trademarks, service marks and trade names may be owned by third parties. Nothing on this Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use this Site or any other BXC intellectual property displayed on this Site. BXC aggressively enforces its intellectual property rights to the fullest extent of the law. The name BXC or any other Trademarks may not be used in any way, including in advertising or publicity pertaining to distribution of materials on this Site, without prior written authorization from BXC. BXC also prohibits use of its name or any other Trademark as part of a link to or from any site unless a written approval has been obtained in advance from BXC. We reserve the right to withdraw permission for any link at any time.
User Information
You acknowledge and agree that BXC shall own and have unrestricted right to use, publish, in electronic form and otherwise, distribute and exploit any and all information that you post or otherwise publish on this Site (“Submissions”). You hereby waive any and all claims against BXC for any alleged or actual infringements of any rights of privacy or publicity, moral rights, rights of attribution or any other intellectual property rights in connection with BXC's use and publication of such Submissions. This means that anything submitted by you to this Site will be owned by BXC and may be used by BXC for any purpose, now or in the future, without any payment to, or further authorization by, you. In the event BXC's ownership of such Submissions is successfully contested, you automatically grant BXC a perpetual, royalty-free, non-exclusive, unrestricted, worldwide and irrevocable right and license to use, reproduce, modify, publish, translate, prepare derivative works based upon, distribute, perform or display such Submissions, in whole or in part, in any form, media or technology known or hereafter developed for any purpose, including, but not limited to, advertising and promotional purposes. For additional information, see the Company's Privacy Policy.
BXC does not represent or endorse the accuracy or reliability of any Submissions displayed, uploaded, posted on any message board, or otherwise distributed through this Site by any user of this Site, information provider or any other third party. BXC expressly disclaims any and all liability related to Submissions, and you acknowledge that any reliance upon such Submissions shall be at your own risk.
You may not upload to, or distribute or otherwise publish through the Site, any content that is any of the following:
| • | is libelous, defamatory, obscene, pornographic, abusive, harassing or threatening, or otherwise objectionable to BXC in the company's sole discretion; |
| • | contains computer viruses, worms, moles or other contaminating or destructive elements; |
| • | violates the rights of others, such as contents that infringe any copyright, trademark, patent, trade secret or violate any right of privacy or publicity; |
| • | contains any false or misleading statement; |
| • | contains advertising; or |
| • | otherwise violates any applicable criminal or civil law. You may not use the Site for any commercial purpose and may not distribute over the Site any solicitation of funds, goods and services. In addition, you may not use the Site to solicit subscribers to join other online information services that are competitive with the Site. |
BXC's Rights and Disclaimers
The ideas and information that are posted on this Site do not necessarily reflect BXC's views. BXC reserves the right, which it may or may not exercise, to review, edit, or delete any material that it deems to be inappropriate or in violation of this Agreement. BXC has the absolute right, in its sole discretion, to deny or to withdraw access to anyone who violates this Agreement. BXC's access and use decisions are final and not reviewable. Notwithstanding the above, BXC expressly disclaims any responsibility or liability for any material communicated by third parties through the Site or for any loss or damage allegedly resulting from use of the Site or from denial or withdrawal of Site access. There may be delays, omissions or inaccuracies in information obtained through your use of this Site. This information is provided to you with the understanding that it does not constitute the rendering of investment, consulting, legal, accounting, tax, career or other advice or services. Information on this Site should not be relied upon for making business, investment or other decisions or used as a substitute for consultation with professional advisors. Moreover, BXC does not represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information displayed, uploaded, downloaded or distributed through this Site by BXC, any user, information provider or any other person or entity. You acknowledge that any reliance upon such opinion, advice, statement, memorandum, or information shall be at your sole option and risk. In addition, you may not use this Site in any manner to suggest or imply that BXC promotes or endorses your or any third party's causes, ideas, political campaigns, political views, websites, products or services.
You may be able to obtain access to other Internet sites through hypertext links appearing on this Site. BXC makes no representations whatsoever about any other website which you may access through this one. When you access a non- BXC website, please understand that it is independent from BXC, and that BXC has no control over the content on that website, even if BXC provides information or services to the owner of that website. In addition, a link to a non- BXC website does not mean that BXC endorses or accepts any responsibility for the content or the use of such website. In fact, BXC disclaims any and all liability and responsibility for such content. It is up to you to take precautions to ensure that whatever you select for your use is free of such items as viruses, worms, trojan horses, and other items of a destructive nature.
Disclaimer of Warranties
THE SITE AND ALL MATERIALS ARE DISTRIBUTED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAWS, BXC MAKES NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. MORE SPECIFICALLY, BUT WITHOUT LIMITATION, BXC DOES NOT WARRANT THAT: (1) THE INFORMATION ON THIS SITE IS CORRECT, ACCURATE OR RELIABLE; (2) THE FUNCTIONS CONTAINED ON THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE; (3) DEFECTS WILL BE CORRECTED; OR (4) THIS SITE OR THE SERVER BY WHICH YOU GAIN ACCESS IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU HEREBY ACKNOWLEDGE THAT USE OF THE SITE IS AT YOUR SOLE RISK.
IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 WHICH PROVIDES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL BXC OR ANY OF ITS PREDECESSORS, SUCCESSORS, PARENTS, SUBSIDIARIES, AFFILIATES, PAST OR PRESENT OFFICERS, DIRECTORS, PARTNERS, EMPLOYEES, AGENTS OR REPRESENTATIVES, LICENSORS OR INFORMATION PROVIDERS BE LIABLE FOR ANY DAMAGES, INCLUDING DIRECT, INCIDENTAL, PUNITIVE, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES THAT DIRECTLY OR INDIRECTLY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THIS SITE OR THE INFORMATION CONTAINED ON THIS SITE OR OBTAINED FROM YOUR USE OF THIS SITE, EVEN IF BXC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL BXC'S OR ANY OF ITS PREDECESSORS', SUCCESSORS', PARENTS', SUBSIDIARIES', AFFILIATES', OFFICERS', DIRECTORS', PARTNERS', INVESTORS', EMPLOYEES', AGENTS', REPRESENTATIVES', LICENSORS' OR INFORMATION PROVIDERS' TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE EXCEED $1. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, IN WHICH CASE SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO ALL USERS.
Indemnification
You hereby agree to indemnify, defend, and hold BXC and all of its predecessors, successors, parents, subsidiaries, affiliates, past or present officers, directors, partners, employees, agents, representatives, licensors, and information providers (collectively, the "Indemnified Parties") harmless from and against any and all liability, losses and costs, including, but not limited to, reasonable attorneys' fees, incurred by the Indemnified Parties in connection with any claim arising out of or relating to any breach by you of this Agreement or the representations, warranties, and covenants you made by agreeing to the terms of this Agreement. BXC reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, and in such case, you agree to cooperate as fully as reasonably with BXC’s defense of such claim.
Jurisdiction
This Agreement, its validity and effect, shall be solely interpreted, and governed by, the laws of the State of Florida, United States, without regard to conflict of laws principles. You expressly consent to the exclusive jurisdiction of the federal courts of the State of Florida. You further agree and expressly consent to the exercise of personal jurisdiction and to venue in the State of Florida in connection with any dispute or claim involving BXC and to the waiver of any right to a jury trial in connection therewith. If any part of these terms is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of the remaining provisions.
Site Management
BXC prohibits the posting of any information that infringes or violates the copyright rights and/or other intellectual property rights (including rights of privacy and publicity) of any person or entity. If you believe that any content contained on this Site infringes your copyright, you should notify BXC of your copyright infringement claim in accordance with the following procedure. BXC will process notices of alleged infringement which it receives and will take appropriate action and will remove any posted submission that infringes the copyright or other intellectual property right of any person under U.S. law upon receipt of such a statement (or any statement in conformance with 17 U.S.C. � 512(c)(3)). U.S. law provides significant penalties for submitting such a statement falsely. Under appropriate circumstances, persons who repeatedly submit infringing or unlawful material will be prohibited from posting further submissions. BXC's contact for submission of notices under this section is: General Counsel, BXC Technology, 8828 N.W. 30th Terrace, Miami, FL 33122; contact@bxctech.com.
To be effective, the notification must be in writing and contain the following information:
| • | Identification of the copyrighted work and/or intellectual property right claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; |
| • | Information reasonably sufficient to permit the service provider to contact the complaining party, such as a name, an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted; |
| • | Identification of the allegedly infringing material on the Site that is requested to be removed or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to allow the service provider to locate the material; |
| • | A statement that the complaining party has a good faith belief that the use of the copyrighted work and/or exercise of the intellectual property right is not authorized by the copyright owner, its agent, or the law; |
| • | A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; |
| • | Signature of the intellectual property right owner or someone authorized on the owner's behalf to assert infringement of the right. |
Entire Agreement
This Agreement constitutes the entire agreement between you and BXC with respect to the subject matter hereof and supersedes and replaces all previous agreements, written or oral, with respect to the subject matter.
This Agreement may not be amended except in writing signed by both parties and no waiver by either party shall be deemed a waiver of any preceding or subsequent breach or default, unless such a waiver is in writing and signed by an authorized representative of BXC.
