Please read these Terms carefully as they may impact your rights and liabilities, and they specifically allow for Bisi Blvd. to engage in arbitration to settle disputes and address circumstances in which you waive your right to a jury trial.
By using this Platform, you represent and warrant to Bisi Blvd. that you are at least eighteen (18) years old, are legally authorized to enter into these Terms, and will at any and all times comply with these Terms.
Accessing the Platform and Account Security
We reserve the right to withdraw or amend this Platform, and any service or material we provide on the Platform, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Platform is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Platform, or the entire Platform. You are responsible for making all arrangements necessary for you to have access to the Platform, and ensuring that all persons who access the Platform through your internet connection are aware of these Terms and comply with them.
To access the Platform or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Platform that all the information you provide on the Platform is correct, current, and complete. If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Platform or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms.
Access to the Platform requires a paid subscription and is billed on a subscription basis (“Subscription(s)”). A valid payment method, including credit card, is required to process the payment for your Subscription (“Payment Method”). You shall provide the us and our service providers with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information. By submitting such payment information, you automatically authorize us or our service providers to charge all Subscription fees incurred through your account to the provided Payment Method. You represent and warrant that (i) the credit card information you supply is true, correct, and complete, (ii) you are duly authorized to use such credit card for the Subscription payment, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any.
We offer monthly, quarterly, and annual Subscription options. Unless otherwise agreed in writing between you and the Company, you will be billed in advance on a monthly or annual recurring basis (“Billing Cycle”). For the purposes of these Terms, a month constitutes 30 calendar days, a quarter constitutes three month cycles, beginning in January and ending in December, and a year constitutes 365 calendar days. Our “Monthly” Subscription is paid in monthly installments. For each month that your monthly Subscription is active, you acknowledge and agree that the Company and its service providers are authorized to charge the Payment Method. Our “Quarterly” Subscriptions are paid for in quarterly installments. At the beginning of each calendar quarter that your quarterly Subscription is active, you acknowledge and agree that the Company and its service providers are authorized to charge the Payment Method. Our “Annual” Subscriptions are paid for by an upfront one-off payment. You acknowledge and agree that the Company and its service providers are authorized to charge the Payment Method used for (i) the initial Annual Subscription fee at the rate secured at the time of purchase, and (ii) the non-discounted renewal Subscription fee(s).
At the end of each Billing Cycle, your Subscription will automatically renew under the exact same Subscription conditions (i.e., monthly, quarterly, or annual) unless cancelled or if you elect a different Subscription type, in advance, by you through the “Account” section. You must cancel your Subscription before it renews in order to avoid billing of the renewal Subscription fee to the Payment Method you provided. Refunds cannot be claimed for any partial Subscription period.
All prices for Subscriptions posted on the Platforms are subject to change, at our sole discretion. We will provide you with emailed notice of any such change. The price charged for a Subscription will be the price in effect at the time you register for a Subscription. Any Subscription fee change will become effective at the end of the then-current Billing Cycle. Your continued use of the Platform after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.
Except when required by law, paid Subscription fees are non-refundable.
Intellectual Property Rights
The Platform is, as between you and the Company, owned by the Company, and protected by copyright, trade secret, trademark and other US and foreign laws. These Terms doesn’t grant you any right, title or interest in the Platform, others’ User Content (as defined below), our trademarks, logos or other brand features or intellectual property or trade secrets or others’ content in the Platform. You agree not to change, modify, translate or otherwise create derivative works of the Platform or others’ User Content.
Users of the Platform (whether you or others) may provide us with content, including without limitation text, photos, images, music, audio, videos, logos, stickers, code, and associated content, and any other materials (“User Content“). Your User Content stays yours, except for the limited rights that enable us to provide, improve, promote and protect the Platform as described in these Terms. User Content includes without limitation content you post to Your Sites. “Your Sites” means the sites hosted on the Platform you create or publish using the Platform.
Bisi Blvd. name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Bisi Blvd. or its affiliates or licensors. You must not use such marks without the prior written permission of Bisi Blvd.. All other names, logos, product and service names, designs, and slogans on this Platform are the trademarks of their respective owners.
When you provide User Content via the Platform, you grant the Company (including our third party hosting providers acting on our behalf) a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable, transferable right and license to use, host, store, reproduce, modify, create derivative works of (such as those resulting from translations, adaptations or other changes we make so that User Content works better with the Platform), communicate, publish, publicly display, publicly perform and distribute User Content for the limited purposes of allowing us to provide, improve, promote and protect the Platform.
You represent and warrant that you own all rights to your User Content or otherwise have (and will continue to have) all rights and permissions necessary to use, share, display, transfer and license your User Content via the Platform and in the manner set forth in these Terms. If we use your User Content in the ways described in these Terms, you represent and warrant that such use will not infringe or violate the rights of any third party, including without limitation any copyrights, trademarks, privacy rights, publicity rights, contract rights, trade secrets or any other intellectual property or proprietary rights. Also, content on the Platform may be protected by others’ intellectual property, trade secret or other rights. Please don’t copy, upload, download or share content unless you have the right to do so.
By operating the Platform, we don’t represent or imply that we endorse your or other users’ User Content, or that we believe such User Content to be accurate, useful, lawful or non-harmful. We’re not a publisher of, and we’re not liable for, any User Content uploaded, posted, published or otherwise made available via the Platform by you or other users. You’re responsible for taking precautions to protect yourself, your Accounts, and your computer or network, from User Content accessed via the Platform.
Monitoring and Enforcement
We have the right to remove or refuse to post any User Content for any or no reason in our sole discretion, and to take any action with respect to any User Content that we deem necessary or appropriate in our sole discretion, including if we believe that such User Content violates the Terms, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Platform or the public, or could create liability for Bisi Blvd.. You acknowledge and agree that we have the right to disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy, and take appropriate legal action, including, without limitation, referral to law enforcement, for any illegal or unauthorized use of the Platform. We have the absolute right to terminate or suspend your access to all or part of the Platform for any or no reason whatsoever, including without limitation, any violation of these Terms. Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Platform. YOU WAIVE AND HOLD HARMLESS BISI BLVD. AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY BISI BLVD. AND ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER BISI BLVD. AND SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES. We assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
Reliance on Services and Information Posted
The information AND SERVICES presented on or through the Platform is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Platform, or by anyone who may be informed of any of its contents. This Platform may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Bisi Blvd., are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Bisi Blvd.. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
Changes to the Platform
Company may from time to time in its sole discretion develop and provide Platform updates, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, “Updates”). Updates may also modify or delete in their entirety certain features and functionality. You agree that Company has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. Based on your Mobile Device settings, when your Mobile Device is connected to the internet either:
(a) the Platform will automatically download and install all available Updates; or
(b) you may receive notice of or be prompted to download and install available Updates.
You shall promptly download and install all Updates and acknowledge and agree that the Platform or portions thereof may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of the Platform and be subject to all terms and conditions of these Terms.
Linking to the Platform and Social Media Features
You may link to our Platform homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent. This Platform may provide certain social media features that enable you to: (i) link from your own or certain third-party websites to certain content on this Platform, (ii) send emails or other communications with certain content, or links to certain content, on this Platform, and (iii) cause limited portions of content on this Platform to be displayed or appear to be displayed on your own or certain third-party websites. You may use these features solely as they are provided by us and solely with respect to the content they are displayed with, and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not do any of the following: establish a link from any website that is not owned by you to the Platform; cause the Platform or portions of it to be displayed on, or appear to be displayed by, any other website; link to any part of the Platform other than the homepage; or otherwise take any action with respect to the materials on this Platform that is inconsistent with any other provision of these Terms. You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice. We may disable all or any social media features and any links at any time without notice in our discretion.
Links from the Platform
If the Platform contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Platform, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Platform will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Platform for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE, AND YOU WILL NOT SEEK TO HOLD US LIABLE, FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES, INFORMATION, OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT. YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES, INFORMATION, OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER BISI BLVD. NOR ANY PERSON ASSOCIATED WITH BISI BLVD. MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER BISI BLVD. NOR ANYONE ASSOCIATED WITH BISI BLVD. REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. TO THE FULLEST EXTENT PROVIDED BY LAW, BISI BLVD. HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation on Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL Bisi Blvd. OR ITS LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE PLATFORM, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE PLATFORM OR SUCH OTHER PLATFORMS, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. In the event the foregoing limitation of liability is legally prohibited, then TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COLLECTIVE LIABILITY OF Bisi Blvd. AND ITS SUBSIDIARIES AND AFFILIATES, AND THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED $100.00.
Indemnification; Governing Law
You agree to fully and completely defend, indemnify, and hold harmless Bisi Blvd., its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your use of the Platform, including, but not limited to, your User Content, any use of the Platform’s content, services, and products other than as expressly authorized in these Terms, or your use of any information obtained from the Platform.
Waiver of Class Action; Arbitration Agreement
Waiver and Severability
No waiver by Bisi Blvd. of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Bisi Blvd. to assert a right or provision under these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.
Changes to the Terms
From time to time, we review these Terms to ensure that they comply with applicable law. Consequently, we reserve the right to update and revise these Terms at any time. We will notify you if these Terms are updated by updating the “Last Updated” section of these Terms. These Terms are effective as of the “Last Updated” date provided herein. Your continued use of the Platform signifies your consent to the Terms, as of the “Last Updated” date.
If you have questions regarding these Terms, please contact us at the following: [email protected], (mail) Thompson Hine Attn: A. O’Laoire/Bisi Blvd. Inc., 20 North Clark Street Suite 3200 Chicago, IL 60602