As a condition of your access to and use of the Site, you represent and warrant that:
- You are of legal age to form a binding contract with us;
- You have not and will not provide false information or impersonate another person in your use of the Site;
- You will only use your own user name, email address, password, and other information to access any secured portion of the Site;
- You will maintain the confidentiality of your user name, email address and password at all times;
- You will not assist anyone in gaining unauthorized access to the Site;
- You will only attempt to access the areas of the Site which you have been authorized to access; and
- You will notify us if you are aware of any unauthorized use of your user name, email address or password in an attempt to access the Site.
CODE OF CONDUCT
By using the Site, you agree not to do any of the following:
- Reprint or electronically reproduce any content contained on the Site other than for personal use.
- Make use of any of our trademarks or service marks contained on the Site without our express written consent, which may be withheld in our sole discretion.
- Upload or transmit any communications or content of any kind that infringes or violates any rights of any party, including but not limited to, intellectual property, privacy and/or publicity rights.
- Use the Site for any purpose in violation of local, state, federal or international laws or regulations.
- Use the Site to distribute advertising or other unsolicited material.
- Post any material that we, in our sole discretion, deem unlawful, obscene, defamatory, threatening, harassing, hateful or embarrassing to any other person or entity or contrary to our business reputation and standards.
- Express or imply that any of your content is endorsed by us.
- Restrict or inhibit any other user from use and enjoyment of the Site, including, but not limited to, by means of hacking or defacing any portion of the Site.
- Remove any copyright, trademark or other proprietary rights notice from the Site.
- Engage in any other activity that we deem improper or abusive.
We reserve the right, but shall not be required, to monitor, edit or remove your (or any other) content from the Site without notice for any reason or no reason without your permission. We also reserve the right to terminate your account in our sole discretion.
AUTHORIZED USE OF CONTENT
The Site, including all content thereon, is owned by us, our suppliers or licensors and is protected by U.S. and international intellectual property laws. You agree not to access the Site or use any content contained on the Site for any commercial purpose. You agree to maintain all copyright and other intellectual property notices included in any of our content that you copy. You may not modify decompile, disassemble, decrypt, extract or otherwise reverse engineer any of our content, or create derivative works based upon all or part of the content. We reserve all rights not expressly granted to you in these Terms and no additional rights are granted by implication, estoppel or otherwise.
THIRD PARTY CONTENT
You agree that we do not endorse and that we are not responsible for any third-party content appearing on the Site and that we shall have no liability for any such content, including content that is false, misleading, abusive, defamatory, obscene or that violates any local, state, federal or international law or regulation or any rights of another individual or entity. You also agree that we are not responsible for the content of any other websites linked to the Site and that the inclusion of any link to such third-party websites does not imply our endorsement of such websites. Your linking to any off-site pages or other websites is at your own risk.
PRODUCTS AVAILABLE ON THE SITE
You may purchase an end-user license for certain software or hardware products through this Site. Any and all such software is owned by us, our suppliers or licensors and is protected by U.S. and international intellectual property laws. Any software you download through the Site may only be used in accordance with and subject to the End User License Agreement that comes with the software. You will not be able to purchase the software license or install the software unless and until you agree to the terms of the End User License Agreement.
DISCLAIMERS AND LIMITATIONS ON LIABILITY
WE DO NOT WARRANT THE ACCURACY OF ANY INFORMATION PROVIDED ON THE SITE AND SUCH INFORMATION IS PROVIDED ON AN “AS IS” BASIS. WE DO NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, TITLE OR NON-INFRINGEMENT, REGARDING ANY MATERIALS CONTAINED ON THE SITE. WE ASSUME NO RESPONSIBILITY FOR ANY DELETION, DELAY IN OPERATION OR TRANSMISSION, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF ANY INFORMATION PROVIDED BY YOU. WE ASSUME NO RESPONSIBILITY FOR ANY PROBLEMS OR TECHNICAL MALFUNCTIONS OF ANY WIRELESS OR WIRED TELEPHONE NETWORK, COMPUTER ONLINE SYSTEMS, SERVERS, OR PROVIDERS, COMPUTER EQUIPMENT OR SOFTWARE, INCLUDING ANY INJURY OR DAMAGE TO YOUR OR ANY OTHER PERSON’S COMPUTER, RELATED TO OR RESULTING FROM YOUR ACCESS TO OR USE OF THE SITE OR DOWNLOADING ANY MATERIALS FROM THE SITE. WE MAKE NO REPRESENTATIONS WITH RESPECT TO THE AVAILABILITY OF THE SITE OR THE LACK OF VIRUSES, WORMS, TROJAN HORSES OR OTHER DESTRUCTIVE CODE ON THE SITE. IN NO EVENT SHALL WE BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, ECONOMIC, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE SITE OR OUR MATERIALS, INCLUDING LOST REVENUES, LOSS OF BUSINESS OR LOSS OF DATA. IN NO EVENT WILL OUR TOTAL LIABILITY TO YOU FOR ANY AND ALL DAMAGES, LOSSES AND CAUSES OF ACTION ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE EXCEED THE AMOUNT PAID BY YOU FOR USE OF THE SITE, REGARDLESS OF THE FORM OF THE CLAIM OR CAUSE OF ACTION.
RELEASE AND INDEMNITY
If you believe your copyrighted work or trademark has been uploaded, posted or copied to the Site in a way that constitutes copyright or trademark infringement, please notify our designated agent at: Bosma USA, Inc , 46707 Fremont Blvd, Fremont, California, 94538 Attn: Web Support. As soon as practical, we will investigate such claims and take appropriate action in accordance with the Digital Millennium Copyright Act, 17 U.S.C. § 512, et seq. Any claims that material on the Site is defamatory or abusive towards you may be directed to the same contact.
Governing Law – These Terms shall be governed by and construed in accordance with the laws of California, without reference to any conflicts of law principles that would result in the application of the laws of another jurisdiction. You agree that any legal action or proceeding concerning your use of the Site shall be brought exclusively in a state or federal court located in Orange County, New York, and you submit to the exclusive personal jurisdiction of such courts. Assignment – We may assign our rights and delegate our duties under these Terms to any party at any time without notice to you or any third party. No Implied Waiver – Our failure to insist upon or enforce strict performance of any provision of these Terms shall not be construed as a waiver of any provision or right. Severability – The provisions of these Terms are severable. In the event that any court of competent jurisdiction determines that any provision is invalid or unenforceable, such validity and unenforceability shall not in any way affect the validity or unenforceability of the remaining provisions.