By accessing and using the Website, User agrees to be bound by all provisions of this TOU, including any additional terms and conditions in it and/or available by hyperlink in this TOU. The terms of this TOU are the exclusive agreement between BHB and User regarding any items whatever residing on this Website or any interactions between BHB and User in connection with the Website. Any contrary or additional terms or conditions proposed or provided by User are rejected and do not bind BHB in any way, unless separately agreed to in a writing signed by BHB.
BHB may modify the terms of this TOU unilaterally at any time in its sole discretion. Any use of the Website constitutes User’s acceptance of the then-current TOU. It is User’s responsibility to review this TOU periodically for any updates. Any of the material on this Website may be out of date at any given time, and BHB is under no obligation to update such material.
BHB reserves the right to withdraw or amend the Website, and any service or material provided on the Website, in its sole discretion, without notice. BHB will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, BHB reserves the right to restrict access to some parts of the Website, or the entire Website, to Users.
To access some or all of the Website, you may be asked to provide certain information, including personally identifiable information (“PII”).
If User chooses or is provided with a User Name, Password, or any other piece of information as part of BHB’s security procedures or in order to access all or part of the Website, User must treat such information as confidential and must not disclose it to any other person or entity. User acknowledges that User’s account is personal to User, and agrees not provide any other person with access to the Website or portions of it using User’s User Name, Password, or other security information. User shall notify BHB immediately of any unauthorized access to User’s User Name, Password, or any other breach of security.
User also shall exit from User’s account at the end of each session. User should use particular caution when accessing the Website or User’s account from a public or shared computer, or using public internet access or wifi, so that others are not able to view or record your Password or other PII.
BHB reserves the right to disable any User Name, Password, or other identifier at any time and in its sole discretion for any or no reason, including if, in BHB’s opinion, User has violated any provision of this TOU.
The Website and its entire contents, features, and functionality, including but not limited to all information, trademarks, copyrights, patents, or other forms of intellectual property, software, text, displays, images, video and audio, and the design, selection, and arrangement thereof, are owned by BHB, its licensors, or other providers of such material (“Content”). All Content is protected by United States and international intellectual property laws. User’s access to the Website does not grant User any right, title, interest, or license to any Content. Any unauthorized use of the Content may subject User to civil or criminal liability.
User is permitted to access and use the Website and the Content solely for User’s personal, non-commercial use. User may not copy, reproduce, post on any other website, republish, upload, encode, modify, translate, publicly perform or display, commercially exploit, distribute or transmit any material on the Website or make any derivative works from the Website in any way without BHB’s express prior written consent.
If User copies or downloads any information from the Website in accordance with, and to the extent permitted by this TOI, User must not:
· Modify copies of any materials from this site.
· Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
· Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.
· Decompile, disassemble, reverse engineer, or otherwise attempt to derive the source code form or structure of the Website.
User must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website.
In addition, User must not:
· Establish a link to the Website without prior written consent of BHB.
· Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Website, including their ability to engage in real time activities through the Website.
· Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
· Use any device, software, or routine that interferes with the proper working of the Website.
· Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
· Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
· Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
· Otherwise attempt to interfere with the proper working of the Website.
The Website may contain message boards, chat rooms, forums, bulletin boards, reviews and other interactive features (collectively, “Interactive Services”) that allow Users to post, submit, publish, display, or transmit to other Users or other persons content or materials (collectively, “User Contributions”) on or through the Website.
All User Contributions must comply with the Content Standards set out in this TOU.
Any User Contribution posted to the Website will be considered non-confidential and non-proprietary. By providing any User Contribution on the Website, User grant BHB and its service providers, and each of their respective licensees, successors, and assigns, the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material.
User represents and warrants that:
· User owns or controls all rights in and to the User Contributions and has the right to grant the license granted above to BHB and its affiliates and service providers.
· All of User Contributions do and will comply with this TOU.
User understands and acknowledges that User is responsible for any User Contributions, and User, not BHB, has full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.
BHB is not responsible or liable to any third party for the content or accuracy of any User Contributions posted on the Website.
BHB has the right, but not the obligation, to:
· Remove or refuse to post any User Contributions for any or no reason in BHB’s sole discretion.
· Take any action with respect to any User Contribution that BHB deems necessary or appropriate in BHB’s sole discretion.
· Disclose User’s identity or other information about User to any third party who claims that material posted by User violates that party’s rights, including its intellectual property rights or right to privacy.
· Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.
· Terminate or suspend User’s access to all or part of the Website for any or no reason, including without limitation, any violation of this TOU.
· 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 Website.
BHB does not undertake to review material before it is posted on this Website and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, BHB assumes no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. BHB has no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:
· Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
· Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
· Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
· Be likely to deceive any person.
· Promote any illegal activity, or advocate, promote, or assist any unlawful act.
· Impersonate any person, misrepresent your identity or affiliation with any person or organization.
· Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
· Give the impression that they emanate from or are endorsed by BHB or any other person or entity, if this is not the case.
· Encourage excessive, inappropriate or irresponsible alcohol consumption.
The information presented on or through the Website is made available solely for general information purposes. BHB does not promise that this site or any content, service or feature of the site will be error-free or uninterrupted, or that any defects will be corrected, or that use of the Website will provide specific results. Any reliance User places on such information is strictly at User’s own risk. BHB disclaims all liability and responsibility arising from any reliance placed on such materials by any visitor to the Website, or by anyone who may be informed of any of its contents.
The Website 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 BHB, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of BHB. We are not responsible or liable for the content or accuracy of any materials provided by any third parties.
USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT USER’S OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES 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 BHB NOR ANY PERSON ASSOCIATED WITH BHB MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THIS WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER BHB NOR ANYONE ASSOCIATED WITH BHB 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 THE 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 USER’S NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL BHB, ITS AFFILIATES, OR THEIR 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 USE, OR INABILITY TO USE, OF THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, 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 no event shall the total liability of BHB for all damages, losses, and causes of action (whether in contract or tort, including, but not limited to, negligence or otherwise) arising from these terms and conditions or use of the Website exceed, in the aggregate, one hundred ($100.00) U.S. dollars.
User shall defend, indemnify, and hold harmless BHB, 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 User’s violation of this TOU or User’s use of this Website, including, but not limited to, User Contributions, any use of the Website's content, services, and products other than as expressly authorized in this TOU, or User’s use of any information obtained from this Website.
All matters relating to the Website and this TOU, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the laws of the State of New York without regard to its conflict of laws provisions. User agrees to submit to the personal and exclusive jurisdiction of the state and federal courts located within the Southern District of New York.
Notwithstanding the foregoing, the Website may be viewed internationally and may contain references to products or services not available in all countries. References to a particular product or services do not imply that they are appropriate or available to all persons of legal purchasing age in all locations, or that BHB intends to make such products or services available in such countries. Any offer for any product, feature or made on the Website is void where prohibited.
REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CAUSE OF ACTION OR CLAIM USER MAY HAVE ARISING OUT OF OR RELATING TO THIS TOU OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
No waiver by BHB of any term or condition set out in this TOU 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 BHB to assert a right or provision shall not constitute a waiver of such right or provision.
If any provision of this TOU 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 this TOU will continue in full force and effect.