Table Of Contents
Agreement to Terms
The information provided and/or contained within the Website and Portal is not intended for distribution for use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject BCforward to any registration requirement within such jurisdiction or county. Accordingly, those persons who choose to access the Website and Portal from other locations do so on their initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
Intellectual Property Rights
Unless otherwise indicated, the Website and Portal are the property of BCforward and all source code, databases, functionality, website designs, text, photographs, and graphics on the Website and Portal (“content”) and the trademarks, services marks, and logos contained within the Website and Portal are owned, controlled, or licensed to BCforward and protected by applicable copyright and trademark laws along with various other intellectual property rights and unfair competition laws of the United States, international copyright laws, and international conventions.
Users are granted a limited license to access and use the Website and Portal and to download or print a copy of any portion of the content to which the User has properly gained access. BCforward reserves all rights not expressly granted to the User and to the Website and Portal and the content therein.
All Users represent and warrant that:
- Any information submitted on the Website and Portal is true, accurate, current, and complete;
- They are responsible for maintaining the truthfulness, accuracy, currency, and completeness of such information;
- They will promptly update any information submitted in the Website and Portal to ensure truthfulness, accuracy, currency, and completeness, as necessary;
- They will not access the Website or Portal through automated or non-human means, whether through a bot, script, or otherwise;
- They will not use the Website or Portal for any illegal or unauthorized purpose; and,
- Their use of the Website and Portal will not violate any applicable law or regulation.
In the event a User:
- Provides information that is untrue, inaccurate, not current, or incomplete; or,
- Uses the Website and Portal for any illegal or unauthorized purposes.
BCforward reserves the right to suspend or terminate the User’s account and refuse any and all current or future use of the Website and Portal (or any portion thereof).
User Registration With The Portal
Users will be required to register with the Portal. Upon registration, Users agree to keep their password confidential and will be responsible for all use of their account and password. BCforward reserves the right to remove, reclaim, or change a username selected by a User if, BCforward determines, in its sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.
Users may not access the Website or Portal for any purpose other than that for which the Website or Portal is made available by BCforward. The Website and Portal may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by BCforward.
Users of the Website and Portal agree not to:
- Systematically retrieve data or other content from the Website and Portal to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
- Make any unauthorized use of the Website and Portal, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
- Circumvent, disable, or otherwise interfere with security-related features of the Website and Portal, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Website and Portal and/or the Content contained therein.
- Engage in unauthorized framing of or linking to the Website and Portal.
- Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
- Make improper use of our support services or submit false reports of abuse or misconduct.
- Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
- Interfere with, disrupt, or create an undue burden on the Website and Portal or the networks or services connected to the Website and Portal.
- Attempt to impersonate another user or person or use the username of another user.
- Sell or otherwise transfer your profile.
- Use any information obtained from the Website and Portal in order to harass, abuse, or harm another person.
- Use the Website or Portal as part of any effort to compete with us or otherwise use the Website or Portal and/or the Content for any revenue-generating endeavor or commercial enterprise.
- Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Website and Portal.
- Attempt to bypass any measures of the Website or Portal designed to prevent or restrict access to the Website and Portal, or any portion of the Website and Portal.
- Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Website and Portal to you.
- Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Website and Portal or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Website and Portal.
- Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
- Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Website and Portal, or using or launching any unauthorized script or other software.
- Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Website and Portal.
- Use the Website and Portal in a manner inconsistent with any applicable laws or regulations.
BCforward reserves the right, but not the obligation to:
- In BCforward’s sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any user submission or contributions or any portion thereof;
- In BCforward’s sole discretion and without limitation, notice, or liability, to remove from the portal or otherwise disable all files and content that are excessive in size or are in any way burdensome to BCforward systems; and,
Otherwise manage the portal in a manner designed to protect BCforward’s rights and property and to facilitate the proper functioning of the portal.
Consent to Communications
Where required by law, Users consent to receive SMS messages (including text messages) from us, our agents, representatives, affiliates, or anyone sending messages on our behalf to the specific number(s) you have provided to us with information or questions about your account and/or orders and/or marketing offers. You certify, warrant, and represent that the telephone number you have provided to us is your contact number and not someone else’s. You represent that you are permitted to receive calls and text messages at the telephone number you have provided to us. You agree to promptly alert us whenever you stop using a telephone number. BCforward and its agents, representatives, affiliates, and anyone sending messages on our behalf may use such means of communication described in this section even if you will incur costs to receive such messages, text messages, e-mails, or other means, which may occur.
Terms & Termination
If BCforward terminates or suspends an account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending the account, BCforward reserves the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
YOU AGREE THAT YOUR USE OF THE WEBSITE AND PORTAL ARE AT YOUR SOLE RISK. THE WEBSITE AND PORTAL ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, EXCEPT AS OTHERWISE EXPRESSLY PROVIDED FOR IN THIS AGREEMENT. BCFORWARD AND ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND OTHER REPRESENTATIVES, SUCCESSORS AND ASSIGNS OF ANY OF THEM (COLLECTIVELY, “BCFORWARD ENTITIES”) EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
THE BCFORWARD ENTITIES MAKE NO WARRANTY THAT THE WEBSITE OR PORTAL WILL MEET YOUR REQUIREMENTS, BE TIMELY, SECURE, ERROR-FREE OR UNINTERRUPTED, THE RESULTS OBTAINED FROM THE WEBSITE OR PORTAL WILL BE ACCURATE OR RELIABLE, THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE WEBSITE OR PORTAL WILL MEET YOUR EXPECTATIONS AND ANY WEBSITE OR PORTAL ERRORS WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE WEBSITE OR PORTAL IS DONE AT YOUR OWN RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY MATERIAL. NO INFORMATION OBTAINED BY YOU FROM BCFORWARD ENTITIES, THROUGH THE WEBSITE OR PORTAL SHALL CREATE ANY WARRANTY RELATING TO THE WEBSITE OR PORTAL NOT EXPRESSLY STATED IN THIS AGREEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE BCFORWARD ENTITIES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LOSS OF GOOD WILL, LOSS OF USE, LOSS OF DATA, COST OF PROCURING SUBSTITUTE GOODS, SERVICES OR INFORMATION, LITIGATION OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF THE BCFORWARD ENTITIES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATIONS OF LIABILITY SET FORTH HEREIN ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE ARRANGEMENT BETWEEN BCFORWARD AND YOU. THE PRODUCTS, INFORMATION, PROGRAMS, AND SERVICES OFFERED ON AND THROUGH THE WEBSITE AND PORTAL WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. SUBJECT TO THE FOREGOING, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW: (I) IF YOU ARE A CUSTOMER, THE MAXIMUM LIABILITY OF BCFORWARD ENTITIES SHALL BE LIMITED TO THE AMOUNT PAID BY YOU FOR ANY PRODUCT, INFORMATION OR SERVICE PURCHASED BY YOU FROM BCFORWARD ON THE WEBSITE OR PORTAL; AND (II) IF YOU ARE A PARTICIPANT IN ANY PROGRAM, THE MAXIMUM LIABILITY OF BCFORWARD ENTITIES SHALL BE LIMITED TO THE AMOUNT CREDITED OR PAID TO YOU BY BCFORWARD DURING 12 MONTHS PRIOR TO THE DATE LEADING TO LIABILITY.
WE MAKE NO GUARANTEE OR WARRANTY WITH RESPECT TO ANY SERVICES PROVIDED OR SOLD. WE ARE NOT RESPONSIBLE FOR ANY DAMAGES FOR INFORMATION, PRODUCTS, OR SERVICES PROVIDED BY THIRD PARTIES EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
You agree to indemnify, defend and hold harmless BCforward from and against all losses, expenses, costs and damages including attorney’s fees resulting from your use or inability to use the Website or Portal, your participation in any program or service, any products or services purchased or obtained by you in connection with the Website or Portal, any Website or Portal postings or activity related to your account made by you or another person, your violation of any of these Terms of Service, your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. You agree to cooperate as fully as reasonably required in the defense of any such claim. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you pursuant to this section, in which event you will still be required to indemnify us for the attorneys’ fees and expenses in addition to any losses, claims, damages, and liabilities incurred by us as a result of this claim. You shall not, in any event, settle any matter without the prior written consent of BCforward.
BCforward reserves the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Website and Portal at any time, without prior notice.
Severability / Interpretation
Applicable Law / Jurisdiction / Individual Arbitration / Waiver of Jury Trial / Class Waiver
The parties further agree that the following agreement to arbitrate is part of an agreement made in interstate commerce and is governed by the Federal Arbitration Act, 9 U.S.C. §§ 1-16 (“FAA”) and that on questions of the constructive, validity, enforcement, or interpretation of the agreement to arbitrate, the FAA shall control.
YOU AND THE BCFORWARD ENTITIES AGREE THAT ANY ARBITRATION MAY ONLY BE BROUGHT IN YOUR AND OUR INDIVIDUAL CAPACITIES, NOT AS A CLASS, PURPORTED CLASS, COLLECTIVE, OR OTHER REPRESENTATIVE ACTION. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE INDIVIDUAL OR ENTITY’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE, COLLECTIVE, OR CLASS PROCEEDING. IF ANY PORTION OF THE CLASS WAIVER PROVISION IS HELD INVALID OR UNENFORCEABLE, IT SHALL NOT BE SEVERED, AND THE ENTIRE AGREEMENT TO ARBITRATION SHALL BE ENFORCEABLE.
The mutual promise by you and BCforward Entities to arbitrate any and all disputes, and to do so on an individual basis, rather than to litigate before the courts or other bodies, provides the mutual consideration for this agreement to arbitrate.
Either party may exercise the right to arbitrate by providing the other party with written notice of any and all claims forming the basis of such right in sufficient detail to inform the other party of the substance of such claims, and a demand to arbitrate those claims. In no event shall the request for arbitration be made after the date when institution of legal or equitable proceedings based on such claims would be barred by the applicable statute of limitations.
Unless the parties agree otherwise, the arbitration will be conducted in the county where the User resides by a single neutral arbitrator and in accordance with the then-current rules for resolution of disputes of the American Arbitration Association (AAA) (available online at www.adr.org or upon request), or if those rules are no longer available, the applicable rules selected by the arbitrator; provided, however, that no rules permitting class, collective, or other representative arbitration shall be used. In the event of any conflict between this agreement to arbitrate and the rules governing the arbitration, the terms of this agreement to arbitration shall control.
The parties are entitled to representation by an attorney or other representative of their choosing, and at their own costs. The arbitrator shall issue the award in writing and therein state the essential findings and conclusions on which the award is based. Judgment on the award may be entered in any court having jurisdiction thereof.
Paying of all filing, administration, and arbitrator fees will be governed by the AAA’s rules.
- By email: [email protected]
- By phone: 1-844-467-7300
- By mail: ATTN: Compliance Manager, BCforward, 9777 N College Ave, Indianapolis, IN 46280