Terms of Use / Legal Notice
The following is a legal disclaimer of warranty provided by Billing Circle (hereafter "BC") with regard to any and all products, content, services and navigation within this Web Site (collectively "the Service"), unless otherwise specified.
Billing Circle -- GENERAL TERMS AND CONDITIONS OF SALE
You acknowledge and agree that you must: (a) provide for your own access to the World Wide Web and pay any service fees associated with such access, and (b) provide all equipment necessary for you to make such connection to the World Wide Web, including a computer and modem or data connection.
You agree that use of the Service, including any applets, software (Online or Client Based), content and services accessible therein, are entirely at your own risk. The service is provided "as is," without warranty of any kind, either express or implied, and BC and its subsidiaries or suppliers disclaim any and all warranties, including, but not limited to: (1) any warranties concerning access to the service, the availability, accuracy, usefulness of content, products or services and (2) any warranties of title, warranty of non-infringement, warranties of merchantability or fitness for a particular purpose. BC does not warrant that the service is free from defect, viruses, errors, or other limitations nor does BC warrant access to the Internet or to any other service or content through the service. The entire liability of BC or its representatives (as defined below) for any reason shall be limited to the amount paid by the customer for the related services or product purchased from BC or its authorized representatives. To the maximum extent permitted by applicable law, BC and its subsidiaries, affiliates, licensors, participating institutions, third-party content or service providers, distributors, dealers or suppliers ("representatives") are not liable for any indirect, special, incidental, or consequential damages (including, but not limited to: damages for loss of business, loss of profits or investment, or the like), whether based on breach of contract, breach of warranty, tort (including negligence), product liability or otherwise, even if BC or its representatives have been advised of the possibility of such damages, and even if a remedy set forth herein is found to have failed of its essential purpose. Some jurisdictions do not allow the limitation and/or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you. The limitations of damages set forth above are fundamental elements of the basis of the bargain struck between BC and you. BC would not be able to have provided this service to you without such limitations.
Information on this Web Site may be updated, changed, or appended without notice. BC may make changes and/or improvements in products, programs, and/or pricing as described on this Web Site at any time without prior notice.
All content on this Web site is the exclusive property of BC. You are not permitted to copy, use, or distribute information from this Web Site unless permission has been granted by BC. Any software or documentation, product technical support documentation, or software products which may be downloaded from this Web Site shall be subject to the licensing rights detailed for such products with its product's documentation.
BC shall be excused for any delay or failure to perform due to any cause beyond its reasonable control, including but not limited to acts of governments, natural catastrophes, acts of Customer, interruptions of transportation or inability to obtain necessary labor or materials. In the event BC is unable to perform in whole or in part because of any excusable failure to perform, BC may cancel orders without liability to Customer.
This agreement is governed by California law as such laws apply to agreements entered into and to be performed entirely within California between California residents. Any claim arising out of or relating to this agreement or BC shall be settled by binding arbitration in Los Angeles, California in accordance with the American Arbitration Association's commercial arbitration rules. Any such claim shall be arbitrated on an individual basis, not consolidated with another party's claim. Judgment on the arbitration award may be entered into any court with jurisdiction, and the arbitrator's award shall not be appealable or reviewable except as permitted by California law. However, (a) each of us may seek interim relief from a Los Angeles, CA court to protect the party's rights or property while arbitration is pending, and (b) at our option, we may bypass arbitration in cases of fraud or other crimes against us, interference with our technical operations or violations of our rights or property.
BC undertakes to provide subscribers to its products and/or services the confidentiality and security as provided for through the use of internet secure socket layer (SSL) protocol and 128-bit encryption for data exchanges, BC takes every precaution to provide clients with data security through frequent backups and offsite secure warehousing. BC shall not be held responsible for errors or omissions in client data either directly or indirectly caused, whatever the reason.
Any response, be it material, comments, or suggestions sent to BC, including questions, feedback, or the like regarding the content of the information contained in this Web Site shall be deemed to be non-confidential. BC shall have no obligation of any kind regarding this response to our Web Site and shall be free to use, disclose, reproduce, display, exhibit, alter, and distribute said response to others without limitation. Also, BC shall be free to use any concepts, techniques, or ideas from such response for any purpose whatsoever, including distribution, manufacturing, development of software, marketing and support of products using such response.
BC will not be liable for direct, indirect, special, incidental, cover, economic or consequential damages arising out of the use or inability to use the contents of this Site, even if advised of the possibility of such damages.
A link from this Web Site to a non-BC Web Site does not imply that BC accepts or endorses any responsibility for the content, use, or reliability of such Web Site. Also, BC makes no representations whatsoever regarding another Web Site that you may access through this Web Site. When you access a non-BC Web Site, it is independent from BC and BC has no control over the content or reliability of that Web Site and do so entirely at your own risk. You are responsible to ensure that you have taken adequate precautions to protect your own software/hardware from items such as worms, viruses, Trojan horses and other items of a destructive or other nature, including espionage.
In no event will BC be responsible or liable to any party or any direct or indirect, special or other consequential damages for any use of the information on this Web Site or any other linked non-BC Web Site, including with no limitation, any loss of profits, business stoppages or interruptions, loss of data or programs on your software/hardware system or otherwise, even if BC is expressly advised of the possibility of such damage.
COPYRIGHT
BC, the Billing Circle logo among other identifiable items, are trademarks or service marks of Billing Circle, or one of its subsidiaries.
Other brands or product names described, illustrated or otherwise represented are trademarks or service marks of their respective owners, should be treated as such, and may be registered in various jurisdictions.
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