Building Quality Systems Worldwide
Terms and Conditions
Your access to bmpgroupinc.com is subject to the following Terms and Conditions, which may be updated by us from time to time without notice to you. By accessing or using this Web site, you agree that you have read, understand, and agree to be bound by these Terms and Conditions, as they may be amended from time to time, as well as to the terms of our Privacy Policy, which is hereby incorporated into these Terms and Conditions. You are responsible for periodically reviewing these Terms and Conditions for applicable changes. Your use of this Web site after posting by us of any changes to these Terms and Conditions constitutes your acceptance to those changes. If you disagree with these Terms and Conditions (as they may be amended from time to time), or are dissatisfied with this Web site, your sole and exclusive remedy is to discontinue using this site.
DISCLAIMERS
You acknowledge and agree that:
a. Although we strive to provide on this Web site the latest developments relating to our products and services, and other information about our company, we do not warrant the accuracy, effectiveness and suitability of any information contained in this Web site. Each person assumes full responsibility for any and all risks arising from use of this Web site. The information is presented "AS IS" and may include technical inaccuracies or typographical errors. BMP Group, Inc. reserves the right to make additions, deletions, or modifications to the information at any time without any prior notification.
b. BMP Group, Inc. makes no representations or warranties of any kind or nature with respect to the information or content posted on this Web site. BMP Group, Inc. hereby disclaims all representations and warranties, whether express or implied, created by law, contract or otherwise, including, without limitation, any warranties of merchantability, fitness for a particular purpose, title or non-infringement. In no event shall BMP Group, Inc. be liable for any damages of any kind or nature, including, without limitation, direct, indirect, special (including loss of profit) consequential or incidental damages arising from or in connection with the existence or use of this Web site and/or the information or content posted on this Web site, regardless of whether BMP Group, Inc. has been advised as to the possibility of such damages.
c. BMP Group, Inc. is not responsbile, and provides no warranty whatsoever, for the accuracy, effectiveness, timeliness and suitability of any information or content obtained from third parties, including any hyperlinks to or from third-party sites. Except as otherwise provided on this Web site, BMP Group, Inc. will not edit, censor or otherwise control any content provided by third parties on any bulletin board, chat room or other similar forums posted on its Web site. Such information should, therefore, be considered as suspect and is not endorsed by BMP Group, Inc.
d. This Web site may contain forward-looking statements that reflect BMP Group, Inc.'s current expectation regarding future events and business development. The forward-looking statements involve risks and uncertainties. Actual developments or results could differ materially from those projected and depend on a number of factors including, but not limited to, product development, the stability of its commercial relationships, and the general economic conditions. BMP Group, Inc. intends to update this site on a regular basis but assumes no obligation to update any of the content.
YOUR USE
You understand, acknowledge, and agree to the following:
a. By using this Web site, you agree not to disrupt or intercept our electronic information posted on this Web site or any of our servers. You also agree not to attempt to circumvent any security features of our Web site, and to abide by all applicable local, state, federal and international laws, rules and regulations.
b. You grant to BMP Group, Inc. the right to use all content you upload or otherwise transmit to this Web site and to BMP Group, Inc., [including, but not limited to submission to any public areas of this Web site, (such as bulletin boards, forums and newsgroups) or by e-mail to BMP Group, Inc.] subject to these Terms and Conditions and BMP Group, Inc.'s Privacy Policy in any matter BMP Group, Inc. chooses, including, but not limited, to copying, displaying, performing or publishing in any format whatsoever, modifying it, incorporating it into other material or making a derivative work based on it. You also grant to BMP Group, Inc. the right to use your name in connection with the submitted materials and other information as well as in connection with all advertising, marketing and promotional material related thereto. You agree that you shall have no recourse against BMP Group, Inc. for any alleged or actual infringement or misappropriation of any proprietary right in your communications to BMP Group, Inc.
c. Except as expressly stated and agreed upon in advance by BMP Group, Inc., no confidential relationship shall be established in the event that any user of this Web site should make any oral, written or electronic communication to BMP Group, Inc. (such as feedback, questions, comments, suggestions, ideas, etc.). If any BMP Group, Inc. Web site requires or requests that such information be provided, and that such information contains personal identifying information (e.g., name, address, phone number), BMP Group, Inc. shall obtain, use and maintain it in a manner consistent with our Privacy Policy. Otherwise, such communication and any information submitted therewish shall be considered non-confidential, and BMP Group, Inc. shall be free to reproduce, publish or otherwise use such information for any purposes whatsoever including, without limitation, the research, development, manufacture, use or sale of products incorporating such information. The sender of any information to BMP Group, Inc. is fully responsible for its content, including its truthfulness and accuracy and its non-infringement of any other person's proprietary or privacy rights.
d. BMP Group, Inc. cannot and does not guarantee or warrant that files available for downloading through the Web site will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and ouput, and for maintaining a means external to the Web site for the reconstruction of any lost data.
e. You assume total responsibility and risk for your use of this Web site and the Internet. BMP Group, Inc. provides this Web site and related information "as is" and does not make any express or implied warranties, representations or endorsements, whatsoever (including with limitation warranties of title or infringement, or the implied warranties of merchantability or fitness for a particular purpose) with regard to bmpgroupinc.com, any merchandise information or service provided through bmpgroupinc.com or on the internet generally, and BMP Group, Inc. shall not be liable for any cost or damage arising either directly or indirectly from any such transaction. It is solely your responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, services, merchandise and other information provided through bmpgroupinc.com or on the Internet generally. BMP Group, Inc. does not warrant that bmpgroupinc.com will be uninterrupted or error-free or that defects in bmpgroupinc.com will be corrected.
INTELLECTUAL PROPERTY
The information, documents and related graphics published in this Internet Web site (the "Information") are the sole property of BMP Group, Inc., except for information provided by third-party providers under contract to BMP Group, Inc., its subsidiaries or affiliates. Permission to use the Information is not granted without prior written permission from BMP Group, Inc. BMP Group, Inc. is not responsbile for content provided by third-party providers, and you are prohibited from distribution of such material without permission of the owner of the copyright therein. Except as permitted above, no license or right, express or implied, is granted to any person under any patent, trademark, or other proprietary right of BMP Group, Inc.
No use of any BMP Group, Inc. trademark, trade names and products in this Web site may be made without the prior written authorization of BMP Group, Inc., except to identify the products or services of the company.
PRIVACY AND SECURITY
BMP Group, Inc. is committed to safeguarding your privacy online. We understand the importance of privacy to our customers and visitors to our Web site. Our use of personally identifiable information is governed by our Privacy Policy and by accessing and using our Web site, you agree to be bound by that policy.
You recognize and agree that when submitting personally identifiable information to bmpgroupinc.com, while BMP Group, Inc. has safeguards in place to prevent unauthorized access or interception, there is no absolute guarantee of security. In the unlikely event of any interception or unauthorized access despite our efforts, BMP Group., Inc. shall not be responsible for such interceptions or unauthorized access, or any direct, indirect, special, incidental, or consequential damages (including lost profits) suffered by a customer or user, even if BMP Group, Inc. has previously been advised of the possibility of such damages. BMP Group, Inc. does not warrant either expressly or impliedly that the information provided by any customer shall be free from interception or unauthorized access, and does not provide any implied warranties of merchantability and fitness for a particular purpose. Each customer is responsbile for maintaining the confidentiality of his or her own password.
LIMITATION OF LIABILITY
BMP Group, Inc. does not assume any liability for the materials, information and opinions provided on, posted to, or otherwise available through, this Web site. Reliance on these materials, information and opinions is solely at your own risk. BMP Group, Inc. disclaims any liability for injury or damages resulting from the use of this Web site, or the content contained thereon.
The BMP Group, Inc. Web site, the site content, and the products and services provided on or available through this web site are provided on an "as is" and "as available" basis, with all faults. In no event shall BMP Group, Inc., or its subsidiaries, affiliates, vendors, or their respective directors, employees, or agents (hereinafter "Parties") be liable for any damages of any kind, under any legal theory, arising out of or in connection with your use of, or inability to use, this website, the site content, any services provided on or through this Web site or any linked site, including any special, indirect, punitive, incidental, exemplary or consequential damages, including, but not limited to, personal injury, lost profits or damages resulting from delay, interruption in services, viruses, deletion of files or electronic communications, or errors, omissions or other inaccuracies in this Web site or the site content, whether or not there is negligence by BMP Group, Inc. and whether or not BMP Group, Inc. has been advised of the possibility of any such damages.
Please be aware that additional legal notices, disclaimers, and other terms and conditions may apply to this and other Web sites owned or operated by BMP Group, Inc., its subsidiaries or affiliates.
INDEMNIFICATION
You agree to indemnify, defend and hold harmless BMP Group, Inc., its officers, directors, employees, agents, licensors, suppliers and any third party information providers to BMP Group, Inc. from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of the Terms and Conditions (including negligent or wrongful conduct) by you or any other person accessing bmpgroupinc.com.
GENERAL
You agree that these Terms and Conditions describe the entire agreement between us with respect to its subject matter. Bmpgroupinc.com was created and is operated under the laws of the State of California. The laws of the State of California will control the terms and conditions provided in these Terms and Conditions, without giving effect to any principles of conflict of laws. You agree that any legal action or proceeding between BMP Group, Inc. and you for any purpose concerning these Terms and Conditions or the parties' obligations hereunder shall be brought exclusively in a court in the State of California. If a court of competent jurisdiction finds that any provision of these Terms and Conditions is invalid or unenforceable, you agree that the other provisions of these Terms and Conditions will remain in full force and effect. You agree that regardless of any applicable law to the contrary, you cannot file a claim or cause of action arising out of or related to bmpgroupinc.com or these Terms and Conditions more than one (1) year after such claim or cause of action arose. Neither the course of conduct between the parties nor trade practice shall act to modify any provisions of these Terms and Conditions. BMP Group, Inc. may assign its rights and duties under these Terms and Conditions to any party at any time without notice to you.
Any rights not expressly granted herein are reserved.