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Business Dynamics , LLC - Terms and Conditions of Use
The following terms and conditions of use (the "Terms and Conditions") govern your use of the Businessdynamicslimited.com web site (the "Site" or "Web Site"). Your use of certain areas or features of the Web Site may be subject to additional or separate terms and conditions, which will be posted or otherwise made available to you in connection with such area or feature. The Site is owned and operated by Business Dynamics, LLC ("Business Dynamics" or "we" or "us" or "our" or other similar pronouns). We may change the Terms and Conditions from time to time, at any time without notice to you, by posting such changes on the Site. Your continued access or use of the Site constitutes your acceptance of the changes. It is your responsibility to regularly check the Site to determine if there have been any changes to these Terms and Conditions. BY ACCESSING, USING, BROWSING, OR REGISTERING FOR SERVICES PROVIDED THROUGH THE SITE, IF ANY, YOU ACCEPT AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS. If you do not agree to these Terms and Conditions, you may not access or otherwise use the Site. If you breach any of the Terms and Conditions, your authorization to access or use this Site or the products and/or services offered through it, if any, may be terminated without notice by Business Dynamics.
1. Nature of the Site.
The information provided on the Site, regardless of presentation, is not intended to be, and should not be relied on as, medical or financial advice. Business Dynamics will attempt to keep its information current, but there may be a lag in updating information on the Site. Portions of the Site may contain information that is outdated or perhaps obsolete. Business Dynamics cannot be held responsible for the timeliness or accuracy of the information on the Site. By viewing the Site you do not enter into any type of relationship with Business Dynamics, virtual or otherwise. No physician/patient relationship exists between Business Dynamics and visitors to the Site. You should not make any medical, health or financial decisions based on the information contained on the Site. Business Dynamics cannot be held responsible, or be liable in any way for, your actions or inactions to the extent they are in any way based on or influenced by information you find on the Site and you hereby agree to indemnify and hold Business Dynamics harmless from and against any and all claims and/or liability associated with such action or inaction. Nothing on the Site should be construed as legal advice. Information on the Site can never substitute for professional medical advice.
2. Proprietary Rights.
Business Dynamics licenses or owns, solely and exclusively, all rights, title and interest in and to the Site, all the content in whatever form (including, for example, audio, images, photographs, illustrations, text, graphics, logos, button icons, other visuals, video, copy, etc.), software, code, data and materials thereon, the look and feel of the Site, design and organization of the Site, and the compilation of the content, code, data and materials on the Site, including but not limited to any copyrights, trademark rights, patent rights, database rights, trade secrets, moral rights (including, unless otherwise indicated, the rights of authorship and attribution and subsequent modification), sui generis rights and other intellectual property and proprietary rights (whether registered or unregistered in any jurisdiction) therein. Your use of the Site does not grant you ownership of any content, software, code, data or materials that you may have access to on the Site.
3. Limited License.
We offer the Site and its services only to those who may lawfully enter into and form contracts under applicable law. You agree to comply with all applicable laws, statutes and regulations regarding use of the Site. You may access and view the content on the Site on your computer or other Internet compatible device and make a single copy or print of content on the Site for your internal, non-commercial use only. The Site and the services or products offered on or through the Site (if any), including any content, software, code, data and materials thereon, if any, are only for your own internal, non-commercial use.
4. Use of Site.
a. You shall pay all costs and charges, including telecommunications equipment costs, that you incur, if any, in order to access or use the Site. You must adhere to all limitations on dissemination, usage and reproduction of any materials that you access from the Site that are subject to such limitations. Any commercial distribution, publishing or exploitation of the Site, or any content, software, code, data or materials on the Site, is strictly prohibited unless you have received the express prior written permission of Business Dynamics or the applicable rights holder. Other than as provided in Section 3 above, you may not download, display, copy, reproduce, distribute, modify, perform, transfer, create derivative works from, sell or otherwise exploit any content, software, code, data or materials on the Site. If you make other use of the Site, or the content, software, code, data or materials thereon, except as otherwise provided above, you may violate copyright and other laws of the United States, other countries, as well as applicable state laws and you may be subject to liability for such unauthorized use. Business Dynamics will aggressively enforce its intellectual property rights to the fullest extent of the law.
b. Certain services may only be made available to users who have paid Business Dynamics a fee for such services. Such users may additionally be required to enter into a separate agreement for a particular service. If you are required to establish an account in connection with a particular service, you must complete the designated registration process for such service, if any. All required registration information that you provide must be current, complete and accurate and kept up to date on a prompt, timely basis. Business Dynamics reserves the right to accept or reject, in its sole and absolute discretion, any application for registration for any or no reason.
c. Business Dynamics may block, restrict, disable, suspend or terminate your access to all or any part of the Site at any time in Business Dynamics' sole discretion, without prior notice or liability to you.
The trademarks, logos, service marks and trade names (collectively the "Trademarks") displayed on the Web Site or on content available through the Web Site are registered and unregistered Trademarks of ours and others and may not be used unless authorized by the trademark owner. All Trademarks not owned by us that appear on the Web Site or on or through the Web Site's services, if any, are the property of their respective owners. Nothing contained on the Web Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Web Site without our express written permission or that of the third party rights holder. Your misuse of the Trademarks displayed on the Site is strictly prohibited. Business Dynamics will aggressively enforce its Trademark rights to the fullest extent of the law, including the seeking of criminal prosecution.
6. User Information.
7. Submitted Materials.
8. Prohibited User Conduct.
You warrant and agree that, while using the Web Site and the various services and features offered on or through the Web Site, you shall not: (a) impersonate any person or entity, whether actual or fictitious, or misrepresent your affiliation with any other person or entity; (b) insert your own or a third party's advertising, branding or other promotional content into any of the Web Site's content, materials or services, or use, redistribute, republish or exploit such content or service for any further commercial or promotional purposes; (c) attempt to gain unauthorized access to other computer systems through the Web Site; (d) engage in spidering, "screen scraping," "database scraping," harvesting of catalogue information, e-mail addresses, wireless addresses or other contact or personal information, or any other automatic means of obtaining lists of catalogue items or information, users or other information from or through the Web Site or the services offered on or through the Web Site, if any, including without limitation any information residing on any server or database connected to the Web Site or the services offered on or through the Web Site; (e) use the Web Site or the services made available on or through the Web Site in any manner with the intent to interrupt, damage, disable, overburden, or impair the Web Site or such services, including, without limitation, sending mass unsolicited messages or "flooding" servers with requests; (f) use the Web Site or the Web Site's services or features in violation of Business Dynamics’ or any third party's intellectual property or other proprietary or legal rights; or (g) use the Site or the Site's services in violation of any applicable law. You further agree that you may not attempt (or encourage or support anyone else's attempt) to engage in any of the foregoing prohibited activities or to circumvent, reverse engineer, decrypt, disassemble, decompile or otherwise alter or interfere with the Site or the Site's services, or any content thereof, or make unauthorized use thereof. You agree that you will not use the Site in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You may not obtain, use or access, or attempt to obtain, use or access, any materials or information through any means not intentionally made publicly available or provided for through the Site.
9. Message Boards.
a. The Site may contain chat areas, bulletin board services, forums, chat rooms and/or other message or communication facilities designed to enable you to communicate with others (each, a “Message Board” and collectively, "Message Boards"), you agree to use the Message Boards only to post, send and receive messages and material that are proper and related to the particular Message Boards. By way of example, and not as a limitation, you agree that when using a Message Board, you will not (i) defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others (for example, rights of privacy and publicity), (ii) publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information, (iii) 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, (iv) upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer, (v) advertise or offer to sell or buy any goods or services for any business purpose, unless such Message Board specifically allows such messages, (vi) conduct or forward surveys, contests or chain letters, (vii) download any file posted by another user of a Message Board that you know, or reasonably should know, cannot be legally distributed in such manner, (viii) 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, (ix) restrict or inhibit any other user from using and enjoying the Message Boards, (x) violate any code of conduct or other guidelines which may be applicable for any particular Message Board, (xi) harvest or otherwise collect information about others, including e-mail addresses, without their consent or (xii) violate any applicable laws or regulations.
b. Business Dynamics has no obligation to monitor any Message Board. However, Business Dynamics reserves the right to review materials posted to a Message Board and to remove any materials in its sole discretion. Business Dynamics reserves the right to terminate your access to any or all of the Message Boards at any time without notice for any reason whatsoever.
c. You should not give out any personally identifying information about yourself in any Message Board. Business Dynamics does not control or endorse the content, messages or information found in any Message Board and, therefore, Business Dynamics specifically disclaims any liability with regard to the Message Boards and any actions resulting from your participation in any Message Board. Users of Message Boards are not authorized Business Dynamics spokespersons and their views do not necessarily reflect those of Business Dynamics.
d. Materials uploaded to a Message Board may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download such materials.
10. Right to Monitor and Editorial Control.
Business Dynamics reserves the right, but does not have an obligation, to monitor and/or review all information and materials posted to the Web Site or through the Web Site's services or features by users, and Business Dynamics is not responsible for any such information and materials posted by users. However, Business Dynamics reserves the right at all times to disclose any information as necessary to satisfy any law, regulation or government request, or to edit, refuse to post or to remove any information or materials, in whole or in part, that in Business Dynamics’ sole discretion are objectionable or in violation of these Terms and Conditions, Business Dynamics policies or applicable law.
11. Linking to the Web Site.
You agree that if you include a link from any other web site to this Web Site, such link shall: (i) not contain any logos, but rather should merely read "Business Dynamics Web Site" or "Business Dynamics" in plain text, (ii) open in a new browser window; and (iii) link to the full version of an HTML formatted page of this Web Site. You are not permitted to link directly to any image hosted on the Web Site or our services, such as using an "in-line" linking method to cause the image hosted by us to be displayed on another web site. You agree not to download or use images hosted on this Web Site on another web site, for any purpose. You agree not to link from any other web site to this Web Site in any manner such that the Web Site, or any page of the Web Site, is "framed," surrounded or obfuscated by any third party content, materials or branding. We reserve all of our rights under the law to insist that any link to the Web Site be discontinued, and to revoke your right to link to the Web Site from any other web site at any time upon written notice to you.
You agree to defend, indemnify on demand and keep Business Dynamics indemnified, and hold Business Dynamics and any of its affiliates and or related entities, and their respective directors, officers, employees, members, investors, advisors, representatives, agents, content and service providers harmless from and against any and all claims, liabilities, costs, losses (including without limitation consequential and indirect losses) and expenses, including reasonable attorneys' fees, arising in any way from your use of the Site or the services thereon, your placement or transmission of any message, advertisement, content, information, software or other materials through or on the Site (which includes Message Boards), or your fraudulent or deceptive acts or omissions, or breach or violation of the law (including infringement of any intellectual property or other right of any person or entity) or of these Terms and Conditions.
Business Dynamics reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with Business Dynamics in the defense of such claim.
13. Orders for Products and Services.
We may make certain products and services available for purchase through the Web Site. You may only order products or services if you are 18 years old or older. You agree to pay in full the prices for any purchases you make either by credit or debit card concurrent with your online order or by other payment means acceptable to Business Dynamics. If payment is not received by us from your credit or debit card issuer or its agents, you agree to pay all amounts due upon demand by us. You agree to pay all applicable taxes in connection with a purchase. Certain products that you purchase and/or download on or through the Web Site may be subject to additional terms and conditions presented to you at the time of such purchase or download.
14. Third Party Web Sites.
You may be able to link from the Web Site to third party web sites and third party web sites may link to the Web Site ("Linked Sites"). You acknowledge and agree that we have no responsibility for the information, content, products, services, advertising, code or other materials which may or may not be provided by or through Linked Sites, even if they are owned or operated by affiliates of ours. Links to Linked Sites do not constitute an endorsement or sponsorship by us of such web sites or the information, content, products, services, advertising, code or other materials presented on or through such web sites. Any reliance on the contents of a third party web site is done at your own risk and you assume all responsibilities and consequences resulting from such reliance. Under no circumstances will we be held responsible or liable, directly or indirectly, for any loss or damage that is caused or alleged to have been caused to you in connection with your use of, or reliance on, any content, goods or services available on any other site.
15. Copyright Agent.
We respect the intellectual property rights of others, and require that the people who use the Site do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please forward the following information to Business Dynamics’ Copyright Agent, designated as such pursuant to the Digital Millennium Copyright Act, 17 U.S.C. § 512(c)(2), named below:
* Your address, telephone number, and email address;
* A description of the copyrighted work that you claim has been infringed;
* A description of where the alleged infringing material is located;
* A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
* An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
* A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Business Dynamics LLC
200 Old Country Road, Suite 470
Mineola, NY 11501
16. Disclaimer of Warranties.
a. THE SITE (INCLUDING, WITHOUT LIMITATION, ALL SERVICES, CONTENT, PRODUCTS, FUNCTIONS AND MATERIALS OFFERED THROUGH THE SITE, IF ANY) IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED BY STATUTE, COMMON LAW OR OTHERWISE, FOR INFORMATION, DATA, DATA PROCESSING SERVICES, UPTIME OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS OR CONTENT OF INFORMATION, ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE, AND WE HEREBY DISCLAIM ANY AND ALL SUCH WARRANTIES, EXPRESS AND IMPLIED. WE DO NOT WARRANT, REPRESENT OR COVENANT THAT THE SITE OR ANY SERVICES, CONTENT, FUNCTIONS OR MATERIALS CONTAINED OR OFFERED THEREIN, IF ANY, WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. WE MAKE NO WARRANTY THAT THE SITE WILL MEET USER REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. BUSINESS DYNAMICS ALSO ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE SITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, AUDIO OR SOFTWARE FROM THE SITE. IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE.
b. WE CANNOT, AND DO NOT, GUARANTEE THE CORRECTNESS, PRECISION, THOROUGHNESS OR COMPLETENESS OF ANY OF THE INFORMATION AVAILABLE ON THE SITE, NOR WILL WE BE LIABLE FOR ANY INACCURACY OR OMISSION CONCERNING ANY OF THE INFORMATION PROVIDED ON THE SITE.
c. YOU ACKNOWLEDGE AND AGREE THAT: (I) BUSINESS DYNAMICS DOES NOT CONTROL, ENDORSE OR ACCEPT RESPONSIBILITY FOR ANY SERVICES OR MATERIALS OFFERED BY THIRD PARTIES, INCLUDING THIRD-PARTY VENDORS AND THIRD PARTIES ACCESSIBLE THROUGH LINKED SITES; (II) BUSINESS DYNAMICS MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER ABOUT ANY SUCH THIRD PARTIES, THEIR SERVICES OR PRODUCTS; (III) ANY DEALINGS YOU MAY HAVE WITH SUCH THIRD PARTIES ARE AT YOUR OWN RISK; AND (IV) BUSINESS DYNAMICS SHALL NOT BE LIABLE OR RESPONSIBLE FOR ANY SERVICES OR PRODUCTS OFFERED BY THIRD PARTIES.
d. TO THE MAXIMUM EXTENT PERMITTED BY LAW, BUSINESS DYNAMICS WILL HAVE NO LIABILITY RELATED TO MATERIALS PROVIDED BY ANY USER ARISING UNDER INTELLECTUAL PROPERTY RIGHTS, LIBEL, PRIVACY, PUBLICITY, OBSCENITY OR OTHER LAWS. BUSINESS DYNAMICS ALSO DISCLAIMS ALL LIABILITY WITH RESPECT TO THE MISUSE, LOSS, MODIFICATION OR UNAVAILABILITY OF ANY MATERIAL PROVIDED BY ANY USER.
17. Limited of Liability.
IN NO EVENT SHALL BUSINESS DYNAMICS, ITS AFFILIATES OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, MEMBERS, INVESTORS, ADVISORS, REPRESENTATIVES, AGENTS CONTENT OR SERVICE PROVIDERS (COLLECTIVELY, THE "PROTECTED ENTITIES") BE LIABLE, WHETHER IN AN ACTION BASED ON A CONTRACT INDEMNIFICATION, OBLIGATION, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), COLLATERALLY OR ARISING FROM ANY STATUTORY DUTY, PRE-CONTRACT OR OTHER REPRESENTATIONS, OR OTHERWISE, HOWEVER ARISING, FOR ANY ECONOMIC LOSSES (INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUES, PROFITS, CONTRACTS, BUSINESS, GOODWILL OR ANTICIPATED SAVINGS) OR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO, THE USE OF, OR THE INABILITY TO USE, THE SITE OR THE CONTENT, MATERIALS AND FUNCTIONS RELATED THERETO, YOUR PROVISION OF INFORMATION VIA THE SITE, LOST BUSINESS OR LOST SALES, EVEN IF SUCH PROTECTED ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS. IN NO EVENT SHALL THE PROTECTED ENTITIES BE LIABLE FOR OR IN CONNECTION WITH ANY CONTENT POSTED, TRANSMITTED, EXCHANGED OR RECEIVED BY OR ON BEHALF OF ANY USER OR OTHER PERSON ON OR THROUGH THE SITE. IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF THE PROTECTED ENTITIES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THE TERMS AND CONDITIONS OR YOUR USE OF THE SITE OR THE PRODUCTS, SERVICES OR INFORMATION OFFERED THROUGH THE SITE EXCEED TEN DOLLARS ($10.00).
18. Local Standards.
We do not represent that materials on the Site are appropriate for use in all locations. Persons who choose to access the Site do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable. This Site can be accessed from countries around the world and may contain references to Business Dynamics products, services and programs that are not available in your country. These references do not imply that Business Dynamics intends to announce such products, services or programs in your country. The Site is controlled, operated and administered by Business Dynamics from its offices within the United States of America. Business Dynamics makes no representation that the Site or the products and services offered through it, if any, are appropriate or available for use at other locations outside the United States, and access to the Site from territories where the Site or the products or services offered through it are illegal is prohibited. If you access the Site from a location outside the United States, you are responsible for compliance with all local laws.
Business Dynamics may terminate, change, suspend, add to or discontinue any aspect of the Site or the Site's services at any time, in our sole discretion, and without liability to any user. Business Dynamics may restrict, suspend or terminate your use of or access to the Site and/or its services if we believe you are in breach of or are attempting to breach our terms and conditions or applicable law, or for any other reason without notice or liability (including, for example, if we learn that you have provided us with false or misleading information, or interfered with other users or the administration of our Site or services). Business Dynamics maintains a policy that provides for the termination in appropriate circumstances of the Web Site use privileges of users who are repeat infringers of intellectual property rights.
Any dispute or controversy arising out of or relating to any interpretation, construction, performance or breach of these Terms and Conditions shall be exclusively governed by the laws of the State of New York without regard to its conflict of law provisions. The parties hereby submit to the jurisdiction of the federal and state courts located in the State of New York, County of New York. Our failure to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. Any waiver of any provision of these Terms and Conditions by Business Dynamics must be made in writing and signed by an authorized representative of Business Dynamics specifically referencing these Terms and Conditions and the provision to be waived. Headings used in these Terms and Conditions are for convenience only and are not to be relied upon. If any provision of the Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms and Conditions remain in full force and effect. These Terms and Conditions will inure to the benefit of, and are intended to be enforceable by, Business Dynamics successors, assigns and licensees.
21. Further Inquiries.
You may direct questions about these Terms and Conditions, or other issues, to: Business Dynamics, LLC, 200, Old Country Road, Suite 470, Mineola, NY 11501 Attn: Marketing Department.