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AGREEMENT BETWEEN USER AND BCT Online Website
The BCT Online Website is comprised of various Web pages operated by BCT Online
Website.
The BCT Online Website is offered to you conditioned on your acceptance without
modification of the terms, conditions, and notices contained herein. Your use
of the BCT Online Website constitutes your agreement to all such terms, conditions,
and notices.
MODIFICATION OF THESE TERMS OF USE
BCT Online Website reserves the right to change the terms, conditions, and
notices under which the BCT Online Website is offered, including but not limited
to the charges associated with the use of the BCT Online Website. BCT Online
Website encourages you to periodically review this Statement to be informed
of how BCT Online Website is protecting your information.
LINKS TO THIRD PARTY SITES
The BCT Online Website may contain links to other Web sites (Linked Sites).
The Linked Sites are not under the control of BCT Online Website and BCT Online
Website is not responsible for the contents of any Linked Site, including without
limitation any link contained in a Linked Site, or any changes or updates to
a Linked Site. BCT Online Website is not responsible for webcasting or any other
form of transmission received from any Linked Site. BCT Online Website is providing
these links to you only as a convenience, and the inclusion of any link does
not imply endorsement by BCT Online Website of the site or any association with
its operators.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the BCT Online Website, you warrant to BCT Online
Website that you will not use the BCT Online Website for any purpose that is
unlawful or prohibited by these terms, conditions, and notices. You may not
use the BCT Online Website in any manner which could damage, disable, overburden,
or impair the BCT Online Website or interfere with any other partys use and
enjoyment of the BCT Online Website. You may not obtain or attempt to obtain
any materials or information through any means not intentionally made available
or provided for through the BCT Online Website.
USE OF COMMUNICATION SERVICES
The BCT Online Website may contain bulletin board services, chat areas, news
groups, forums, communities, personal web pages, calendars, and/or other message
or communication facilities designed to enable you to communicate with the public
at large or with a group (collectively, Communication Services), you agree to
use the Communication Services only to post, send and receive messages and material
that are proper and related to the particular Communication Service. By way
of example, and not as a limitation, you agree that when using a Communication
Service, you will not:
Send, any bulk, unsolicited email ("spam").
Send any email that has as its primary purpose the commercial advertisement
or promotion of a commercial product or service, unless such email complies
with the CAN-SPAM Act of 2003, Public Law 108-187.
Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights
(such as rights of privacy and publicity) of others.
Publish, post, upload, distribute or disseminate any inappropriate, profane,
defamatory, infringing, obscene, indecent or unlawful topic, name, material
or information.
Upload files that contain software or other material protected by intellectual
property laws (or by rights of privacy of publicity) unless you own or control
the rights thereto or have received all necessary consents.
Upload files that contain viruses, corrupted files, or any other similar software
or programs that may damage the operation of anothers computer.
Advertise or offer to sell or buy any goods or services for any business purpose,
unless such Communication Service specifically allows such messages.
Conduct or forward surveys, contests, pyramid schemes or chain letters.
Download any file posted by another user of a Communication Service that you
know, or reasonably should know, cannot be legally distributed in such manner.
Falsify or delete any author attributions, legal or other proper notices or
proprietary designations or labels of the origin or source of software or other
material contained in a file that is uploaded.
Restrict or inhibit any other user from using and enjoying the Communication
Services.
Violate any code of conduct or other guidelines which may be applicable for
any particular Communication Service.
Harvest or otherwise collect information about others, including e-mail addresses,
without their consent.
Violate any applicable laws or regulations.
BCT Online Website has no obligation to monitor the Communication Services.
However, BCT Online Website reserves the right to review materials posted to
a Communication Service and to remove any materials in its sole discretion.
BCT Online Website reserves the right to terminate your access to any or all
of the Communication Services at any time without notice for any reason whatsoever.
BCT Online Website reserves the right at all times to disclose any information
as 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 BCT Online Websites sole discretion.
Always use caution when giving out any personally identifying information about
yourself or your children in any Communication Service. BCT Online Website does
not control or endorse the content, messages or information found in any Communication
Service and, therefore, BCT Online Website specifically disclaims any liability
with regard to the Communication Services and any actions resulting from your
participation in any Communication Service. Managers and hosts are not authorized
BCT Online Website spokespersons, and their views do not necessarily reflect
those of BCT Online Website.
Materials uploaded to a Communication Service may be subject to posted limitations
on usage, reproduction and/or dissemination. You are responsible for adhering
to such limitations if you download the materials.
MATERIALS PROVIDED TO BCT Online Website OR POSTED AT ANY BCT Online Website
BCT Online Website does not claim ownership of the materials you provide to
BCT Online Website (including feedback and suggestions) or post, upload, input
or submit to any BCT Online Website or its associated services (collectively
Submissions). However, by posting, uploading, inputting, providing or submitting
your Submission you are granting BCT Online Website, its affiliated companies
and necessary sublicensees permission to use your Submission in connection with
the operation of their Internet businesses including, without limitation, the
rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce,
edit, translate and reformat your Submission; and to publish your name in connection
with your Submission.
No compensation will be paid with respect to the use of your Submission, as
provided herein. BCT Online Website is under no obligation to post or use any
Submission you may provide and may remove any Submission at any time in BCT
Online Websites sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you
warrant and represent that you own or otherwise control all of the rights to
your Submission as described in this section including, without limitation,
all the rights necessary for you to provide, post, upload, input or submit the
Submissions.
LIABILITY DISCLAIMER
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE
THROUGH THE BCT Online WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS.
CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. BCT Online WEBSITE
AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE BCT Online
WEBSITE AT ANY TIME. ADVICE RECEIVED VIA THE BCT Online WEBSITE SHOULD NOT BE
RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD
CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
BCT Online WEBSITE AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY,
RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE,
PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE BCT Online WEBSITE
FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH
INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED
AS IS WITHOUT WARRANTY OR CONDITION OF ANY KIND. BCT Online WEBSITE AND/OR ITS
SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS
INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL
IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BCT Online
WEBSITE AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL,
SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT
LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY
WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE BCT Online WEBSITE, WITH THE
DELAY OR INABILITY TO USE THE BCT Online WEBSITE OR RELATED SERVICES, THE PROVISION
OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS,
SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE BCT Online WEBSITE, OR OTHERWISE
ARISING OUT OF THE USE OF THE BCT Online WEBSITE, WHETHER BASED ON CONTRACT,
TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF BCT Online WEBSITE
OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE
SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY
FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY
TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE BCT Online WEBSITE,
OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE
USING THE BCT Online WEBSITE.
SERVICE CONTACT : bwilcox@bctelco.com
TERMINATION/ACCESS RESTRICTION
BCT Online Website reserves the right, in its sole discretion, to terminate
your access to the BCT Online Website and the related services or any portion
thereof at any time, without notice. GENERAL Use of the BCT Online Website is
unauthorized in any jurisdiction that does not give effect to all provisions
of these terms and conditions, including without limitation this paragraph.
You agree that no joint venture, partnership, employment, or agency relationship
exists between you and BCT Online Website as a result of this agreement or use
of the BCT Online Website. BCT Online Websites performance of this agreement
is subject to existing laws and legal process, and nothing contained in this
agreement is in derogation of BCT Online Website's right to comply with governmental,
court and law enforcement requests or requirements relating to your use of the
BCT Online Website or information provided to or gathered by BCT Online Website
with respect to such use. If any part of this agreement is determined to be
invalid or unenforceable pursuant to applicable law including, but not limited
to, the warranty disclaimers and liability limitations set forth above, then
the invalid or unenforceable provision will be deemed superseded by a valid,
enforceable provision that most closely matches the intent of the original provision
and the remainder of the agreement shall continue in effect. Unless otherwise
specified herein, this agreement constitutes the entire agreement between the
user and BCT Online Website with respect to the BCT Online Website and it supersedes
all prior or contemporaneous communications and proposals, whether electronic,
oral or written, between the user and BCT Online Website with respect to the
BCT Online Website. A printed version of this agreement and of any notice given
in electronic form shall be admissible in judicial or administrative proceedings
based upon or relating to this agreement to the same extent an d subject to
the same conditions as other business documents and records originally generated
and maintained in printed form. It is the express wish to the parties that this
agreement and all related documents be drawn up in English.
COPYRIGHT AND TRADEMARK NOTICES:
All contents of the BCT Online Website are: Copyright 2006 BCT Online Website
and/or its suppliers. All rights reserved.
The names and logos of the BCT Online Website are the registered or proprietary
trademarks of the BCT Online Website. The names and logos of other companies
and products mentioned in the BCT Online Website may be the registered or proprietary
trademarks of their respective owners. Any rights not expressly granted herein
are reserved.
NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications
of claimed copyright infringement under United States copyright law should be
sent to: BCT Online, 15223 South Henrici Road, Oregon City, OR-97045
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