1. NO LEGAL ADVICE
OUR SERVICES ARE NOT INTENDED TO PROVIDE YOU WITH ANY LEGAL ADVICE OF ANY KIND. BCS assumes no responsibility for and shall not be liable for any result or consequence related directly or indirectly to any action or inaction that you or any consumer takes based on the Services or any other information available through or in connection with the Services or otherwise via our websites.
2. ELIGIBILITY, ACCOUNTS, AND REGISTRATION
3. USE OF THE SERVICES AND RELATED RESTRICTIONS
4. PROHIBITED USE
BY USING THE SERVICES, YOU AGREE THAT YOU WILL NOT AND SHALL NOT, AND ARE OTHERWISE NOT ALLOWED TO:
• reproduce, modify, distribute, display, or otherwise provide access to, create derivative works from, decompile, disassemble, or reverse engineer any portion of the Services, including, but not limited to, the Application;
• remove or modify any copyright or other intellectual property notices that appear on the Website, Application, or other Services;
• use the Website, Application, or other Services in any way that is unlawful or that harms BCS, its service providers, suppliers, affiliates, or any other user;
• use the Website, Application, or other Services in any way to discriminate against any individual or class of individuals protected under federal, state, or local laws, or which may have a discriminatory impact against any individual or class of individuals, or which otherwise promotes illegal, racist, or discriminatory activities or outcomes;
• impersonate another person, misrepresent your affiliation with another person or entity, or make any representation to any third party under false pretenses;
• upload or otherwise insert invalid data, viruses, worms, or other software agents to/in the Website, Application, or other Services;
• post, reproduce, publicly display, or otherwise make accessible any content, which We, in our sole judgement and discretion, consider illegal, offensive, or objectionable, including, without limitation, content that harasses, discriminates, demeans, threatens, or disparages any individual or class of individuals;
• interfere with, or compromise the system integrity or security of the Services, or otherwise bypass any measures We may use to prevent or restrict access to the Website, Application, or other Services;
• conduct automated queries (including screen and database scraping, spiders, robots, crawlers, bypassing “captcha” or similar precautions, or any other automated activity with the purpose of obtaining information) on the Website, Application, or other Services;
• use any of BCS’s trademarks or product names as part of your screen name or e-mail address;
• access or use the Website, Application, or other Services to develop competitive products or services; or
• attempt to, or permit or encourage any third party to, do any of the above.
5. FEES AND PAYMENT PROCESSING.
You may be required to pay fees to access or license certain of the Services, including the Application and other tour-related Services. All fees are in U.S. dollars and are subject to the terms of the particular agreement pursuant to which they are paid. The price of any Service may, from time to time, change. Our authorized third-party payment processor – Stripe – will charge the payment method you specified at the time of purchase or as agreed to as part of the selected Service. Your use of Stripe is subject to Stripe’s acceptable use policies, terms of services, privacy policies, and other such provisions and rules.
Furthermore, the Services – including Application-related Services – may include features that allow for automatically recurring payments for periodic charges. If you decide to activate such a Service, you will be authorizing Us to periodically charge on a going-forward basis and until termination of the pertinent Service contract. We will bill the periodic subscription fee to the payment method you provide to Us during registration (or to a different payment method if you change your payment information). We may change the subscription fee for any subsequent subscription period but will provide you advance notice of any increase before it applies.
6. USER MATERIALS
7. THIRD PARTY/LINKED SERVICES
8. COMMUNICATIONS AND FEEDBACK
If you provide input, feedback, suggestions, or the like regarding any Services (collectively “Feedback”), you hereby grant Us an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right to use the Feedback (including both the communication itself and any ideas, inventions, or other intellectual property described, addressed, or mentioned therein) in any manner and for any purpose.
9. DMCA; CLAIMS OF COPYRIGHT INFRINGEMENT
We respect the intellectual property rights of others and ask that everyone using the Services do the same. Anyone who believes that their work has been reproduced on or in this Website or any other Service in a way that constitutes copyright infringement may notify Our copyright agent in accordance with Title 17, United States Code, Section 512(c)(2), by providing the following information:
(i) Identification of the copyrighted work that you claim has been infringed;
(ii) Identification of the material that you claim is infringing and needs to be removed, including a description of where it is located on the Services so that the copyright agent can locate it;
(iii) Your address, telephone number, and, if available, e-mail address, so that the copyright agent may contact you about your complaint; and
(iv) A signed statement that the above information is accurate; that you have a good faith belief that the identified use of the material is not authorized by the copyright owner, its agent, or the law; and, under penalty of perjury, that you are the copyright owner or are authorized to act on the copyright owner’s behalf in this situation.
Notices of copyright infringement claims should be sent as follows:
Attention: Copyright Agent/Steve Barnes
℅ Wellborn & Wallace
1218 Menlo Dr. NW, Suite E
Atlanta, GA 30318
If you give notice of copyright infringement by e-mail, We may begin investigating the alleged copyright infringement; however, We must receive your signed statement by mail or as an attachment to your e-mail before We are required to take any action.
10. DEACTIVATION/DELETION/CHANGES TO AGREEMENT
13. NO WARRANTIES
14 LIMITATION OF LIABILITY/EXCLUSIVE REMEDY
15. ENTIRE AGREEMENT
16. GOVERNING LAW AND FORUM
17. ADDITIONAL STATEMENT REGARDING THE ADA, AND WCAG
18. NOTICE TO CALIFORNIA RESIDENTS
If you are a California resident and a consumer, under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210 in order to resolve a complaint regarding this Website or to receive further information regarding use of this Website.
19. OTHER PROVISIONS