see also: Privacy Statement
1. Agreement Between Bay Area Business Design and User
This is a binding agreement ("Agreement") between Bay Area Business Design ("BABD") and you, the user ("You" or "Your") and governs Your use of all portions of www.bayareabusinessdesign.com ("BABD's Web Site"), and any associated material or functionality contained on BABD's Web Site. BABD's Web Site is offered to You conditioned on Your acceptance, without modification, of the terms and conditions contained herein. By using BABD's Web Site, You confirm Your acceptance of, and agree to be bound by, this Agreement and all such terms, conditions and notices.
BABD reserves the right to change the terms and conditions of this Agreement from time to time as we deem appropriate. Such changes, modifications, additions or deletions shall be effective immediately upon posting unless otherwise indicated. BABD has no duty or obligation to inform prior users of BABD's Web Site that changes have been made, regardless of the scope and importance of the changes. You are responsible for regularly reviewing these terms and conditions. Your non-termination or continued use of BABD's Web Site after changes are posted constitutes Your acceptance of this Agreement as modified by the posted changes. BABD may change, restrict access to, suspend, or discontinue BABD's Web Site, or any portion of BABD's Web Site, at any time.
3. No Professional Advice
The information and materials available through BABD's Web Site are for informational and educational purposes only and are not a substitute for the professional judgment of legal or financial professionals. The financial, scientific, legal, research and general information included on BABD's Web Site may reflect innovations and opinions not universally shared and does not necessarily reflect the view of BABD. Your use of BABD's Web Site does not create an attorney-client relationship between you and BABD or between you and any of BABD's employees or representatives.
USE OF THE INFORMATION CONTAINED ON BABD'S WEB SITE REQUIRES THE INVOLVEMENT OF TRAINED INDIVIDUALS AND YOUR RELIANCE UPON INFORMATION AND MATERIALS OBTAINED BY YOU AT OR THROUGH BABD'S WEB SITE OR FROM BABD'S STAFF IS SOLELY AT YOUR OWN RISK. BABD HAS NO CONTROL OR RESPONSIBILITY FOR YOUR USE OF THE INFORMATION OR MATERIALS PROVIDED ON BABD'S WEB SITE AND HAS LIMITED KNOWLEDGE OF THE SPECIFIC OR UNIQUE CIRCUMSTANCES UNDER WHICH SUCH INFORMATION MAY BE USED BY YOU. THE PARTIES AGREE THAT BABD IS NOT ENGAGED IN THE PRACTICE OF FINANCIAL SERVICES AND BABD DOES NOT PROVIDE LEGAL ADVICE. YOUR USE OF THE INFORMATION PROVIDED ON BABD'S WEB SITE IS NOT A SUBSTITUTE FOR LEGAL ADVICE OR PROFESSIONAL FINANCIAL JUDGMENT.
4. Privacy Statement
5. Usage of BABD's Web site
You represent and warrant to BABD that You will not use BABD's Web Site (i) for any unlawful purpose or in any manner prohibited by this Agreement or (ii)in any manner which could damage, disable, overburden or impair BABD's Web Site or interfere with any other party's use and enjoyment of BABD's Web Site.
· Violate any applicable laws or regulations;
· Send, publish, post, upload, distribute or disseminate any information that may violate antitrust law, including without limitation past, current, or future fees; fee discounts provided; terms of credit; price and pricing information; inventories; commission information; profit information, including what is a reasonable or fair profit margin;
· Upload information that contains material protected by intellectual property laws, including without limitation material protected by patent, copyright, trademark (such as BABD's logo), or trade secrets, or by rights of privacy of publicity unless You own or control the rights thereto or have received all necessary consents;
· Falsify or delete author attributions, legal or other proper notices or proprietary designations indicating the origin or source of information that is uploaded or downloaded from BABD's Web Site;
· Send, publish, post, upload, distribute or disseminate any inappropriate, threatening, abusive, profane, defamatory, infringing, obscene, indecent, or otherwise objectionable materials, or any materials which encourage conduct that would constitute a criminal offense, give rise to civil liability or violate any law, or contain any advertising or any solicitation with respect to products or services;
· Harass, abuse, threaten or otherwise violate any legal rights of others;
· Attack, ridicule, denounce, impugn an person's character, or impute immoral or dishonorable attributes to members on the basis of race or ethnicity, gender, age, religion, national origin, disability, or sexual orientation;
· Upload viruses, corrupted files or any other software or information that may damage the operation of another's computer or network;
· Use BABD's Web Site for commercial purposes, including, but not limited to, advertisements, promotions, offers to buy or sell goods or services, surveys, contests, pyramid schemes, or sponsorship banners;
· Use BABD's Web Site to forward chain letters;
· Violate any of BABD's policies, guidelines or other codes of conduct which are applicable to BABD's Web Site or in particular to one of BABD's Web Services;
· Reproduce, re-transmit or re-present in any form, in whole or in part, any content, programming code, images or graphics without express written permission of BABD;
· Frame, squeeze back, overlay or employ other techniques to enclose or display the BABD Web Site, or any trademark, logo, content or other proprietary information (including images, text, page layout, or form) included on the BABD Web Site, with any other software or content of a third party;
· Use any meta tags or any other "hidden text" utilizing the names or trademarks of BABD without its prior written consent;
· Access, monitor or copy any content or information of this Web Site using any "robot", "spider", "deep link", "scraper" or other automated means, methodology, algorithm or device or any manual process for any purpose; or
· Violate any of BABD policies, guidelines or other codes of conduct.
BABD has no obligation to screen or monitor BABD's Web Site; however, BABD reserves the right to review information or materials posted to BABD's Web Site, to remove any such information or materials in its sole discretion, and to use any other forms of information available to us by virtue of Your use of BABD's Web Site. BABD reserves the right at all times, in its sole discretion, to refuse to post, delete, move, edit or to remove any information or materials from BABD's Web Site, including without limitation any information or materials posted through use of BABD's Web Site, regardless of whether such material does or does not violate this Agreement or any of BABD's policies, guidelines, or other codes of conduct which are applicable to BABD's Web Site or in particular to one of BABD's web services.
BABD DOES NOT CONTROL OR ENDORSE THE CONTENT, MESSAGES OR INFORMATION FOUND IN ANY PORTION OF BABD'S WEB SITE, AND BABD SPECIFICALLY DISCLAIMS ANY LIABILITY WITH REGARD TO BABD'S WEB SITE. BABD DOES NOT ENDORSE OR OTHERWISE VERIFY THE ACCURACY, TRUTHFULNESS OR RELIABILITY OF ANY INFORMATION PROVIDED ON BABD'S WEB SITE UNLESS IT IS PROVIDED BY AN AUTHORIZED BABD SPOKESPERSON. ANY STATEMENTS MADE ON BABD'S WEB SITE REFLECT ONLY THE VIEWS OF THEIR AUTHORS, AND YOUR RELIANCE ON ANY SUCH CONTENT IS AT YOUR OWN RISK. BABD'S WEB SITE WILL BE MANAGED OR HOSTED BY EITHER EMPLOYEES OR MEMBERS OF BABD, WHO ARE NOT AUTHORIZED BABD SPOKESPERSONS, AND THEIR VIEWS OR ACTIONS IN MANAGING OR HOSTING BABD'S WEB SITE DO NOT NECESSARILY REFLECT THOSE OF BABD.
6. Accounts, Passwords and Security
Certain features or services offered on or through BABD's Web Sites require a user identification and password to access and use, and certain services may require additional codes. You are solely responsible for (1) maintaining the strict confidentiality of the user identification, passwords and codes ("Member Information") assigned to You; (2) charges, damages or losses that may be incurred or suffered as a result of Your or Your personnel's failure to maintain the strict confidentiality of Member Information; and (3) promptly informing BABD in writing of any need to deactivate or replace any Member Information due to security concerns. BABD is not liable for any harm related to the theft of Your Member Information, Your disclosure of Your Member Information, or Your authorization to allow another person or entity to access and use the Members Only Site using Your Member Information. You agree to notify BABD immediately as soon as You become aware of any unauthorized use of Your Member Information. Notice to BABD under this section of the Agreement may be accomplished by sending e-mail to Webmaster
7. Product Information and Warranties
At BABD we advertise and offer for sale our products and other third-party products. Unless indicated otherwise, most products and services featured on the site are available directly from or through BABD's Web Site. BABD has made a conscientious effort to display and describe its products and services on BABD's Web Site accurately so that You may preview their design and use; however, BABD cannot and does not warrant or guarantee the accuracy or completeness of the information, including prices, product images, specifications, fitness for use, reliability, availability and services. Products and services provided by third parties are the responsibility of the manufacturer or provider of those services.
If a product offered by BABD on BABD's Web Site is not as described, your sole remedy is to return it pursuant to our Quality Guarantee. Warranty information regarding any products and services featured on BABD's Web Site is available at no cost to You by e-mailing the BABD Product Sales Department at Permissions
RECEIVING AN ORDER ACKNOWLEDGEMENT VIA E-MAIL DOES NOT GUARANTEE THE ACCEPTANCE OF AN ORDER. BABD RESERVES THE RIGHT TO LIMIT THE QUANTITY OF ITEMS ORDERED AND/OR REFUSE TO SELL TO ANY CUSTOMER.
ALL ITEMS PURCHASED FROM BABD ARE MADE PURSUANT TO A SHIPMENT CONTRACT. THIS MEANS THAT THE RISK OF LOSS AND TITLE FOR SUCH ITEMS PASS TO YOU UPON OUR DELIVERY TO THE CARRIER.
8. Copyright and Trademark Ownership, Notices and Infringement
All contents of BABD's Web Site are: Copyright ©2003-2017 BABD. All rights reserved.
BABD's Web Site and the content displayed on BABD's Web Site and all software, data and information used to provide BABD's Web Site, including text and images, method of display and presentation, source code, embedded routines and programs and other materials, as well as all copyrights, trademarks, patents, and other intellectual property rights therein or thereto, are owned and are proprietary to BABD, its affiliate and licensees and are protected by the copyright laws of the United States and other countries. The compilation of the content on BABD's Web Site is the exclusive property of BABD and is protected by the copyright laws of the United States and other countries.
· BABD does not claim ownership of the individual materials or information You may provide to BABD, including without limitation feedback, suggestions, posts, uploads, inputs, or submissions (collectively, a "Submission") to BABD's Web Site. However, if You provide a Submission, You: Represent and warrant that You own or otherwise control all of the rights to Your Submission including, without limitation, all the rights necessary for You to provide, post, upload, input or submit the Submission and license or sublicense the Submission; and
· Grant BABD, its affiliated entities and necessary sub-licensees a nonexclusive, irrevocable, worldwide, sub-licensable, transferable, perpetual, unlimited, assignable, fully paid up and royalty-free right to copy, display, edit, publish, prepare derivative works of, distribute, process, analyze, use and commercialize, in any way now known or in the future discovered, such Submissions (or any content or materials contained therein), including without limitation the rights to publish Your name in connection with Your Submission. BABD will not pay You compensation with respect to the use of Your Submission.
You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from BABD's Web Site, without the prior written permission of BABD. Please refer to the copyright statement for further information and for details on requesting permission to reuse our content.
BABD grants You the limited and nonexclusive right and license to access or download content from BABD's Web Site solely for Your personal and non-commercial use and as necessary in connection with the use of any services available through BABD's Web Site. Except as expressly authorized in this Agreement, You may not modify, distribute, reproduce, display, or use BABD's Web Site or any elements thereof. All rights not expressly granted to You by us in this Agreement are reserved to BABD and You acknowledge that You do not acquire any ownership rights by accessing or downloading copyrighted material from BABD's Web Site as authorized hereunder.
Any rights not expressly granted herein are reserved.
Nothing in this Agreement or its performance shall grant You any right, title, interest, or license in or to BABD's names, logos, logotypes, trade dress, designs, or other trademarks.
Any rights not expressly granted herein are reserved.
Repeat Infringer Policy and Copyright Complaints:
In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law BABD has adopted a policy of terminating, in appropriate circumstances and in BABD's sole discretion, accounts deemed to be repeat infringers. BABD may also, in its sole discretion, limit access to BABD's Web Site and/or terminate any account used in connection with the infringement of any intellectual property rights, whether or not there is repeat infringement. If you believe that any user of BABD's Web Site or any account holder has engaged in repeat infringement of your copyrighted materials on or in connection with BABD's Web Site, you may provide our designated agent with information about your allegations of repeat infringement.
If you believe in good-faith that anything on BABD's Web Site infringes any copyright that you own or control, you may file a written notification of alleged copyright infringement with our designated agent that contains the following:
· A physical or electronic signature of a person authorized to act on behalf of the owner of a right that is allegedly infringed;
· Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single web site are covered by a single notification, a representative list of such works at that web site;
· Identification of the material that is claimed to be infringing 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 permit BABD to locate the material;
· Information reasonably sufficient to permit BABD to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
· A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
· 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.
The alleged infringer may provide our designated agent with a proper counter-notification. To be effective, the counter-notification must be a written communication that includes the following information:
· The counter-notifying party's physical or electronic signature;
· Identification of the material that has been removed or disabled and the location where the material was before its removal or disablement;
· A statement, under penalty of perjury, that the party has a good faith belief that the material was removed or disabled as a result of mistake or misidentification;
· The counter-notifying party's name, address, phone number, and a statement that the party consents to the jurisdiction of a Federal District Court for the District of California; and
· A statement that the counter-notifying party will accept service of process from the person who provided BABD with notification or an agent of such a person.
Notifications and counter-notifications may be sent to the following address: Webmaster.
9. Links to Third Party Web Sites
BABD's Web Site may contain links to third party web sites. The third-party web sites are not under the control of BABD, and BABD is not responsible for the contents of any third-party web sites, and the inclusion of any link is as a convenience and does not imply endorsement by BABD of the sites or any association or relationship with its operators. Your use of third party web sites and any purchases of products or services from such third-party web sites are subject to the terms and conditions of such third-party web sites. You agree that you will bring no suit or claim against BABD arising from or based upon any such use of third-party web sites, including, without limitation, web sites that we link to from BABD's Web Site.
BABD reserves the right in its sole discretion to terminate Your access to all or a portion of BABD's Web Site at any time without notice for any reason whatsoever.
Provisions of this Agreement which by their nature are intended to survive termination or expiration of this Agreement will survive any termination of this Agreement, including but not limited to the representations and warranties contained herein.
11. General Disclaimers, Exclusion of Damages, and Limitation of Liability
The information, software, products and services included in or available through BABD's Web Site may include inaccuracies or typographical errors. Changes are periodically made to the information herein. BABD may make improvements or changes to BABD's Web Site at any time. Advice received via BABD's Web Site should not be relied upon for personal, business, legal or financial decisions, and you should consult an appropriate professional for specific advice.
BABD makes no representations about BABD's Web Site, including, without limitation, BABD's Web Site's suitability, reliability, availability, timeliness and accuracy of the information, materials, software, products, services and graphics found on or through BABD's Web Site.
BABD PROVIDES BABD'S WEB SITE, INCLUDING, WITHOUT LIMITATION, ALL INFORMATION, MATERIALS, SOFTWARE, PRODUCTS, SERVICES, AND GRAPHICS "AS IS" WITHOUT WARRANTY OF ANY KIND. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, BABD DISCLAIMS ALL WARRANTIES WITH REGARD TO BABD'S WEB SITE, INCLUDING, WITHOUT LIMITATION, ALL INFORMATION, MATERIALS, SOFTWARE, PRODUCTS, SERVICES AND GRAPHICS FOUND ON OR THROUGH BABD'S WEB SITE, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT OR WARRANTIES ARISING BY COURSE OF DEALING OR CUSTOM OF TRADE.
FURTHER, BABD ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF BABD'S WEB SITE OR FOR INFORMATION AND OPINIONS RECEIVED VIA BABD'S WEB SITE, WHICH SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, OR LEGAL DECISIONS. BABD SPECIFICALLY DISCLAIMS ANY DUTY TO UPDATE THE CONTENT, OR ANY OTHER INFORMATION ON BABD'S WEB SITE.
Your sole and exclusive remedy if you are dissatisfied with any portion of BABD's Web Site is to discontinue using BABD's Web Site.
IN NO EVENT AND UNDER NO CIRCUMSTANCES WHATSOEVER SHALL BABD BE LIABLE FOR ANY DIRECT, INDIRECT, COMPENSATORY, PUNITIVE, INCIDENTAL, SPECIAL, OR 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 BABD'S WEB SITE; THE DELAY OR INABILITY TO USE BABD'S WEB SITE; THE PROVISION OF OR FAILURE TO PROVIDE SERVICES; ANY INFORMATION, MATERIALS, SOFTWARE, PRODUCTS, SERVICES OR GRAPHICS OBTAINED ON OR THROUGH BABD'S WEB SITE, INCLUDING WITHOUT LIMITATION, IN CONNECTION WITH THE USE OF TECHNIQUES OR PROCEDURES DISCUSSED ON OR THROUGH BABD'S WEB SITE; OR SECURITY BREACHES, OR OTHERWISE ARISING OUT OF THE USE OF BABD'S WEB SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF BABD HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
IN NO EVENT, SHALL BABD BE HELD LIABLE FOR ANY DIRECT, INDIRECT, COMPENSATORY, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER ARISING OUT OF OR IN CONNECTION WITH BABD'S WEB SITE, WHETHER BASED ON BREACH OF CONTRACT, WARRANTY, TORT, PRODUCT LIABILITY, OR OTHERWISE, AND WHETHER OR NOT BABD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
Some jurisdictions do not permit the exclusion or limitation of implied warranties or the exclusion of certain types of damages. Therefore, if required by applicable law, some of the foregoing exclusions may not apply to You.
You agree to indemnify BABD from and against any and all liabilities, expenses (including without limitation attorneys' fees) and damages arising out of claims based upon your use of BABD's Web Site, including without limitation any claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other members, and the infringement of intellectual property rights or other rights. BABD will notify you of any claim for which BABD seeks indemnification and will afford you the opportunity to participate in the defense of such claim, provided that your participation will not be conducted in a manner prejudicial to BABD's interests, as reasonably determined by BABD at its sole discretion.
13. Governing Law
This Agreement is governed by the laws of the State of California, USA. You hereby consent to the exclusive jurisdiction and venue of courts in San Francisco County, California in all disputes arising out of or relating to the use of BABD's Web Site. Use of BABD's Web Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including, without limitation, this paragraph.
14. No Relationship
You agree that no joint venture, partnership, employment, or agency relationship exists between You and BABD as a result of this Agreement or use of BABD's Web Site.
If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including without limitation 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.
16. Entire Agreement
Unless otherwise specified herein, this Agreement constitutes the entire agreement between You and BABD with respect to BABD's Web Site, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between You and BABD with respect to BABD's Web Site.
Notices given by BABD to You will be given by a general posting on BABD's Web Site or by an e-mail, if an e-mail address is available.
BABD may assign this Agreement, in whole or part, in its sole discretion. You agree not to assign, transfer or sublicense Your rights as a Member without the prior written consent of BABD.
19. Captions and Headings
Captions and paragraph headings are for convenience only and are not a part of this Agreement and shall not be used in construing it.