Terms and Conditions
BCA Terms of Use Agreement
Building Conservation Associates, Inc. ("BCA") operates this web site ("Site") to provide online access to information about BCA and the services and opportunities BCA provides. Your access and use of this Site is subject to the following terms and conditions ("Terms and Conditions"). Additional terms and conditions applicable to specific areas of this Site or to particular content or transactions may also apply and, together with these Terms and Conditions, govern your use of those areas, content or transactions (the "Terms of Use Agreement")
BCA reserves the right, in its sole discretion, to modify this Terms of Use Agreement at any time without giving you prior notice and such modifications will become effective immediately upon posting. Your use of the Site following any such modification constitutes your agreement to follow and be bound by the Terms of Use Agreement as modified. If you breach any of the Terms of Use Agreement, your authorization to use this Site automatically terminates, and you must immediately destroy any materials downloaded or printed from this Site.
1. Use of Site
You may use the Site only in accordance with and subject to the Terms of Use Agreement. You may use the Site, and the information, writings, images and/or other works that you see, hear or otherwise experience on the Site (singly or collectively, the "Content") solely for your non-commercial, personal purposes and/or to learn about BCA. No right, title or interest in any Content is transferred to you, whether as a result of downloading such Content or otherwise. BCA reserves complete title and full intellectual property rights in all Content. Except as expressly authorized by this Agreement, you may not use, alter, duplicate, copy, sell, resell, distribute, transmit, or derive another work from any Content obtained from the Site or the Service, except as expressly permitted by the Terms of Use Agreement.
2. Copyright
The Site and all content on this Site (the "Content") are owned by BCA or its partners, affiliates, contributors or third parties who have authorized use of the Content of this Site and are protected by U.S. and/or foreign copyright laws. Any unauthorized use of the Content may violate United States of America copyright law, international conventions, the laws of privacy and publicity, communications regulations and statutes, and other laws. You may view, download and reprint Content for non-commercial, non-public, personal use only provided that you retain all copyright and other proprietary notices contained in the Content or on any copies of the Content. You must not distribute, reproduce, publicly display, exchange, modify, sell or transmit anything you copy from this Site, including but not limited to any text, images, software, audio or video, for any business, commercial or public purpose. If you are browsing this Site as an employee or member of any business or organization, you may download and reprint Content only for educational or other non-commercial purposes within your business or organization, except as otherwise permitted in by BCA. You may not manipulate or alter in any way images or other Content on the Site.
3. Trademarks
You are prohibited from using any of the marks or logos appearing throughout the Site without permission from the trademark owner, except as permitted by applicable law. BCA trademarks, logos, and service marks and those trademarks, logos, and service marks licensed to BCA (collectively, the "Trademarks") displayed on the Site, are registered and unregistered marks of BCA as the case may be. All other trademarks, trade names, product names, service marks and all other non-BCA marks are the property of their respective owners. Nothing contained on this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site without the written permission of BCA or such third party that may own other trademarks displayed on the Site. Your misuse of the Trademarks displayed on this Site, or any other content on the Site is strictly prohibited.
4. Links to Third-Party Web Sites
Links on the Site to third party web sites or information are provided solely as a convenience to you. BCA is not responsible for the availability of any such web sites. BCA does not endorse, approve or sponsor any web site linked to or from this Site and is not responsible or liable for any such web site or the content thereon. If you use the links to the web sites of BCA affiliates or service providers, you will leave the Site, and will be subject to the terms of use and privacy policy applicable to those web sites. BCA disclaims all warranties, express or implied, as to the accuracy, legality, reliability or validity of any content on any other site. Viewing of all other sites is entirely at your own risk.
5. Linking to this Site
If you would like to link to the Site, you must follow these guidelines. Unless specifically authorized by BCA, you may not connect "deep links" to the Site, i.e, create links to this site that bypass the home page or other parts of the Site. You may not mirror or frame the home page or any other pages of this Site on any other web site or web page.
6. Downloading Files
BCA cannot and does not guarantee or warrant that files available for downloading through the Site will be free of infection by software viruses or other harmful computer code, files or programs.
7. Availability of Service
The service displayed on this Site is intended for sale in the United States only and may not be available for purchase in your particular country or locality. The reference to such service in the Site does not imply or warrant that this service will be available at any time in your particular location. You may not use, export, or re-export the Content, Software or service on this Site in violation of any applicable laws or regulations, including, without limitation, United States exports laws and regulations.
SITE INFORMATION REGARDING BCA SERVICES, INCLUDING THEIR AVAILABILITY, APPEARANCE, PRICE AND SPECIFICATIONS ARE SUBJECT TO CHANGE WITHOUT NOTICE. SUCH INFORMATION WILL NOT CONSTITUTE A REPRESENTATION, WARRANTY OR OTHER COMMITMENT BY BCA WITH RESPECT TO ANY SERVICE AND BCA HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, AS TO THE ACCURACY OR SUITABILITY FOR ANY PURPOSE OR COMPLETENESS THEREOF.
8. Disclaimer of Warranties
YOUR USE AND BROWSING OF THE SITE IS AT YOUR OWN RISK. BCA MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER WITH RESPECT TO THE SITE, THE SERVICE, OR THE CONTENT. BCA EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WITH REGARD TO THE SITE, THE SERVICE, THE CONTENT AND ANY PRODUCT OR SERVICE FURNISHED OR TO BE FURNISHED VIA THE SITE. BCA DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS PERFORMED BY THE SITE OR THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT DEFECTS IN THE SITE OR THE SERVICE WILL BE CORRECTED. BCA DOES NOT REPRESENT OR WARRANT THE ACCURACY OR COMPLETENESS OF THE CONTENT, OR THAT ANY ERRORS IN THE CONTENT WILL BE CORRECTED. BCA DOES NOT REPRESENT OR WARRANT THAT THE SERVER THAT MAKES THIS SITE AVAILABLE IS FREE OF VIRUSES OR OTHER COMPONENTS THAT MAY INFECT, HARM OR CAUSE DAMAGE TO YOUR COMPUTER EQUIPMENT OR ANY OTHER PROPERTY WHEN YOU ACCESS, BROWSE, DOWNLOAD FROM OR OTHERWISE USE THE SITE. THE SITE, THE SERVICE AND THE CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.
9. Limitation of Liability
IN NO EVENT, INCLUDING BUT NOT LIMITED TO BCA'S NEGLIGENCE, WILL BCA OR ANY OTHER PARTY INVOLVED IN CREATING, HOSTING OR DELIVERING THE SITE, BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES WHATSOEVER ARISING OUT OF (I) YOUR ACCESS TO, THE USE OF OR INABILITY TO USE THE SITE, THE SERVICE OR THE CONTENT OF ANY WEB SITE REFERENCED OR LINKED TO OR FROM THIS SITE, (II) ANY TRANSACTION CONDUCTED THROUGH OR FACILITATED BY THE SITE; (III) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SITE, THE SERVICE AND/OR THE CONTENT, (IV) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, OR (V) ANY OTHER MATTER RELATING TO THE SITE, THE SERVICE, OR THE CONTENT, EVEN IF BCA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THE SITE, THE SERVICE, THE CONTENT, OR WITH THE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, BCA'S LIABILITY IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW, BUT SHALL, IN NO EVENT, EXCEED $100.00.
BCA ALSO ASSUMES NO RESPONSIBILITY, AND WILL NOT BE LIABLE FOR ANY DAMAGE TO OR VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY, OR FOR ANY LOSS OR CORRUPTION OF DATA ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE SITE, OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM THE SITE. IN NO EVENT SHALL BCA'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SITE.
10. Indemnification
You understand and agree that you are personally responsible for your behavior on the Site. You agree to indemnify, defend and hold harmless BCA, its parent companies, subsidiaries, affiliated companies, joint venturers, business partners, licensors, licensees, principals, directors, officers employees, agents, and any third-party information providers (the "Indemnified Parties") to the Service from and against all liability, claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys' fees and costs incurred by the Indemnified Parties, resulting from or arising out of any breach by you of the Terms and Conditions, your use, misuse, or inability to use the Site, the Service, or the Content, or any violation by you of this Terms of Use Agreement. You will cooperate as fully as reasonably required on the Indemnified Parties' defense of any such claim. BCA reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you will not in any event settle any matter without the written consent of BCA.
11. User Conduct
You may not use the Site for any purpose that is unlawful or prohibited by the Terms of Use Agreement, or to solicit the performance of any illegal activity of other activity which infringes the rights of BCA or others. You agree not to take any action that might compromise the security of the Site, render the Site inaccessible to others or otherwise cause damage to the Site or the Content. You agree not to add to, subtract from, or otherwise modify the Content, or to attempt to access any Content that is not intended for you. You agree not to use the Site in any manner that might interfere with the rights of third parties.
Notwithstanding any other rights or restrictions in the Terms of Use Agreement, you may not use this Site to:
• Transmit via or through the Site any information, data, text, images, files, links, or software except in connection with your authorized use of this Site or otherwise in response to specific requests for information by BCA.
• Introduce to the Site or any other computer or website viruses, worms, Trojan horses and/or harmful codes.
• Obtain unauthorized access to any computer system.
• Impersonate any other person including but not limited to, a registered user of this Site or an employee of BCA.
• Invade the privacy or violate any personal or proprietary right, including intellectual property rights, of any person or entity.
• Misrepresent the identity of a user or use a false e-mail address.
• Tamper with or obtain access to this Site or any component of this Site.
• Conduct fraudulent activities.
• Collect or harvest information regarding other users of the Site for any reason whatsoever, including, without limitation, for sending such users unsolicited commercial email.
Any use of the Content on any other web site or networked computer environment for any purpose is prohibited.
12. Governing Law
This Site is administered by BCA from its offices in the State of New York, United States of America, and is intended for use by residents of the United States of America only. Any and all disputes relating to the Terms and Conditions, the Terms of Use Agreement, your use of the Site, the Service and the Content are governed by, and will be interpreted in accordance with, the laws of the State of New York, United States of America, without giving any effect to principles of conflicts of law. You agree that any dispute arising from or relating in any way to this Site will be brought exclusively in the federal or state courts of the State of New York and you irrevocably agree to submit to the jurisdiction of such courts. You waive any objection to the laying of venue or based on the grounds of forum non conveniens which you may now or hereafter have to the bringing of any such action or proceeding in such jurisdiction. Any claim or cause of action you have with respect to use of the Site must be commenced within one (1) year after the claim arises.
13. Privacy Policy
BCA is committed to protecting your privacy. This Privacy Policy explains how BCA uses and protects any personally identifiable information that we receive from our Site.
Cookies
A cookie is a data file that is placed on your hard drive by a web site. It acts as a unique identifier for your computer, but cannot be used to identify any individual, only machines. A cookie is used for authenticating, tracking, and maintaining specific information about users, such as site preferences and previous visits to the site. In some cases, the cookie stores user ID, name and address information, so that the user does not have to re-enter this same information.
The cookie information that BCA collects helps us track the number of visitors to the Site over time and determine whether these were new or repeat visits. For the purpose of internal analysis, BCA also uses cookies to track pages visited during a single session. BCA uses this information to enhance the user's web navigation experience at our Site.
Information collected by BCA through the use of cookies is maintained as confidential data and is not shared beyond the company and its authorized agents.
Most browser applications allow you to block or limit the use of cookies. You may consult the Help Menu of your browser application for further details. If you block cookies on your browser application, you will not be able to use some of the features on the Site.
Deciding on How to Receive Promotional Communications from BCA
BCA may send you promotional e-mail about products or services that we hope will be of interest. You can choose to discontinue receiving such promotional e-mail. Each promotional e-mail we send contains a link allowing you to discontinue future e-mail from us. You may also send your request to unsubscribe at any time to info@bcausa.com indicating the e-mail address you wish to unsubscribe. Or, you may call or write us to discontinue receiving future e-mails.
Contact Us for More Information
If you have any questions about this Privacy Policy or the practices of this Site, please contact us at info@bcausa.com or:
Building Conservation Associates, Inc.
158 West 27th Street
New York, New York 10001
Tel: 212.777.1300
Fax: 212.777.1606
14. General Provisions
a. Entire Agreement/No Waiver. This Terms of Use Agreement sets forth the entire understanding and agreement between you and BCA with respect to the Site. You acknowledge that any other agreements between you and BCA with respect to the Site are superseded and of no force or effect. No waiver by BCA of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
b. Correction of Errors and Inaccuracies. The Content may contain typographical errors or other errors or inaccuracies and may not be complete or current. BCA therefore reserves the right to correct any errors, inaccuracies or omissions and to change or update the Content at any time without prior notice. BCA does not, however, guarantee that any errors, inaccuracies or omissions will be corrected.
c. Enforcement.. If any provision of the Terms and Conditions or the Terms of Use Agreement shall be determined by a court of competent jurisdiction to be invalid, unlawful, void or for any reason unenforceable, then that provision will be deemed severable and shall not affect the validity and enforceability of any remaining provisions.
d. Claims of Copyright Infringement. Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to BCA, Attn. Website Manager, 158 West 27th Street, New York, NY 10001.
e. BCA makes no representation that information on this Site is appropriate or available for use outside the United States. Those who choose to access this Site from outside the United States do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
Posted on March 8, 2010
