Welcome to BondView.com, a web site operated by BondView, LLC, a limited liability company, (the "Site" or "Company"). This document explains the terms and conditions to use our Site (the “Agreement” or "User License Agreement") and Site Content (“Content”). By registering and using our Site you represent and warrant that you are at least 18 years old and have read, understand and agree to be bound to the terms and conditions of this User License Agreement and any new version of this Agreement posted since your last visit. If the Agreement is not acceptable, then please do not use our Site. All licenses granted hereunder are revocable, non-transferable and non-exclusive.
When you register as a new member, an Account is set up for you corresponding to the Account Type and User License you specified - either a Free Limited Use Account License (“Free Limited Use”) or Professional Use Account License (“Professional Use)”. The Professional Use account has greater access to the Site features than the Free Limited Use account. The Company reserves the right, in its absolute discretion, to determine your Free Limited Use account eligibility and may modify eligibility and restrictions of the Free Limited Use account at any time.
THE FREE LIMITED USE ACCOUNT LICENSE MAY ONLY BE USED BY PRIVATE INDIVIDUALS FOR NON-COMMERCIAL USE AND IS PROVIDED ONCE AND ONLY UPON YOUR FIRST REGISTRATION AT THE SITE. For example, a private individual is a retail investor whose use is not directly or indirectly affiliated with a commercial enterprise of any type. Commercial use is defined as use intended for, or directed toward commercial advantage or monetary compensation. Commercial use examples include employees, consultants or agents of any financial industry organization connected to investments, banking, tax & audit, accounting, consulting, legal, governmental organizations, municipal bond issuers and others. Any use by an investor or professional that is directly or indirectly affiliated with a profit making organization or use by professionals affiliated with governmental organizations issuing, monitoring or researching municipal bonds is also considered commercial use. Another commercial use example that is strictly prohibited includes registering for a free account using a personal email address that is then used to access Bondview via a commercial enterprise of any type.
The Free Limited Use account is strictly prohibited from use by Commercial entities or institutions or finance professionals. FREE LIMITED USE ACCOUNTS ARE FOR NEW REGISTRANTS ONLY AND ARE LIMITED TO ONE TRIAL PER REGISTRANT. Once the trial terms for the Free Limited Use Account License has expired or is otherwise terminated you may not re-register for another Free Limited Use account. YOU AGREE NOT TO SET UP DUPLICATIVE OR SUBSEQUENT ACCOUNTS TO CIRCUMVENT THE FREE LIMITED USE ACCOUNT USAGE RESTRICTIONS OR THIS AGREEMENT OR USER LICENSE. Any user and / or IP address that re-registers for more than one Free Limited Use account shall be in breach of this Agreement and any such subsequent account shall either be modified, suspended or terminated without notice and the user and the IP address banned from the Site unless the user or IP address subscribes to a Professional Use account. Breach of this User License Agreement shall subject violators to civil liability including liquidated damages for the period of time of unauthorized use of the Site and its Content and may subject authorized users to penalties under the United States Copyright Laws.
The Professional Use account is for all commercial use including all financial institutions, brokers, financial or legal advisors, finance professionals or persons, entities, government or government-agency that, directly or indirectly, generate income from the Site and/or Site Content. YOU AGREE THAT IF YOUR USE OF THE BONDVIEW SITE AND CONTENT IS IN ANY MANNER USED FOR COMMERCIAL PURPOSES THAT YOU SHALL ONLY LICENSE BONDVIEW PRODUCTS DESIGNATED FOR COMMERCIAL PURPOSES THROUGH A PROFESSIONAL USE ACCOUNT LICENSE SUBSCRIPTION. You further agree that any usage of a Free Limited Use account for any commercial purposes by you or your company will be deemed a breach of this Agreement.
If you are an institution, you may be invited to establish a Master Account. Each Master Account may have up to the number of Sub-Accounts for individuals working in your company. Each Sub-Account will continue only for so long as the Master Account remains active.
Your Password. A user name and password will be assigned by us or chosen by you. You will only access and use the Site features through your own Account and only during the period of your subscription. You are responsible for maintaining the secrecy of your password and for activities occurring under your Account (and each Sub-Account, if applicable). Be sure to change your
password promptly and notify us if you believe your account has been compromised or is being accessed by others. Users may not loan their accounts or passwords to others.
USING OUR SITE.
Proprietary Rights. Our Site may contain an assortment of information, data, software, images, video clips, music, links, logos and other material ("Content") that are the copyright, trademark or other intellectual property of the Company or certain third party suppliers. Content in this Site is copyrighted individually and as a collective work by the Company. Third party Content may also be copyright individually and as a collective work by such third party owners. All rights are reserved. The name "BondView.com" and other names appearing herein are the trademarks or registered trademarks of the Site or the respective third party owners. You will ensure that all copyright, trademark or other proprietary rights notices appearing on any Content remain intact and legible.
Linking to Our Site. You may not display our Content within a frame or border, or "deep link" or harvest Content located below our top-most URL. You will not link to our Site or Content in a manner that suggests an endorsement or affiliation between our sites. You will remove any link to our Site that we find objectionable promptly upon request.
Our Remote Software Applications. Our Site offers users the ability to license and make remote use of software applications and components operated from our servers. Your use of any remotely hosted software application will be governed by the license agreement accompanying such "Remote Hosted Application." In the absence of any such terms, and subject to your payment of any applicable fees, you are granted a personal, revocable, non-transferable license to access remotely and use the Remote Hosted Application from your computer to process your own data in support of your own personal or internal business processes. A Remote Hosted Application designated by our Site as an active "web site component" may be incorporated as an integral feature of your web site and made available to users of your site. Unless expressly authorized, you may not charge a separate fee for making Remote Hosted Applications available to others. Unless you are expressly authorized to "private label" a Remote Hosted Application, you should ensure the feature is properly designated as originating from our Site. Except as stated in a separate agreement, Remote Software Applications licenses are revocable, non-transferable and provided "AS-IS" and "AS AVAILABLE".
Reservation of Rights. All content, communications, software applications, digital products, updates and features of this Site are copyrighted by the Site, its owners, suppliers or other third parties. We reserve all rights not specifically granted to you. This means permission to use the Site and related intellectual property rights will be narrowly interpreted by a court in our favor. Except as specifically authorized in this Agreement, you may not store, copy, reproduce, adapt, reformat, create derivative works of, transmit, disseminate, publicly display or perform any copyrighted material from this Site. You may not reverse engineer our Site or any software obtained from it to discover its underlying design or inner workings (and you will hold in confidence for our benefit alone anything discovered in violation of this provision). If you infringe our intellectual property rights or exceed the scope of permitted use of this Agreement, you agree that we will be irreparably injured and may obtain a court order without necessity of posting bond or proving actual damage to enjoin you from further infringement.
YOUR DATA, CONTENT & SUBMISSIONS.
Data Preparation and Loading. Our Site allows you to upload data into your Portfolio(s) for the purpose of using the applications and features of our Site. You will ensure that your Customer Data is in the format specified by the Site documentation and that it is properly loaded into the proper Portfolio. We are not responsible for the performance or non-performance of any third party upload script or mechanism for loading Customer Data, nor for any corruption of Customer Data after it is loaded. As between the parties, it is acknowledged that you (or your designee) own all right, title and interest in the Customer Data you load into the Site. You grant the Site the limited right to use the Customer Data to operate the software applications and features in the normal course of providing the Site features to you. You may instruct the Site to delete your Customer Data permanently from the Site at any time. The Site may purge Portfolios, Customer Data or Accounts that have been inactive for more than 30 days.
Your Public Messages. Our Site includes certain interactive features that allow users to post, transmit and receive messages or content on discussion forums, weblogs, newsgroups, chat areas, calendars or other online channels ("Communications"). We do not prescreen or editorially control Communications on our Site. We reserve the right (but do not assume the responsibility) to block or remove any Communications brought to our attention which we consider in violation of this Agreement or detrimental to the Site or to any person.
Permission to Publish. Our Site does not claim ownership in the content of your Communications. If you make Communications, you irrevocably grant our Site (and any affiliates and sub-licensees) the worldwide, perpetual, royalty-free, sub-licensable right and license to store, copy, reproduce, adapt, reformat, create derivative works of, transmit, disseminate, publicly display and perform such Communications through the Site and to make such incidental and additional uses as may be needed to operate the Site and any affiliated sites through any media or technology now known or hereafter created. You irrevocably grant us the right to obtain a copyright in the "thread" or compilation of Communications on the Site generally, including your own Communications. By using the Site, you irrevocably grant the Company (and any affiliates and sub-licensees) the worldwide, perpetual, royalty-free, sub-licensable right and license to store, copy, reproduce, publish, adapt, reformat, all records and data, including your pageviews, pageview counts, company name, IP address, user ID and other identifying information about your Site usage ("Usage Data") and to transmit, disseminate and publicly display on the Site any or all of your Usage Data and to make incidental and additional uses of your Usage Data as may be needed to operate and promote the Site and any affiliated sites through any media or technology now known or hereafter created.
Private Branded Site. Institutional users may request our Company to set up private branded versions of the user interface for use by the institution's personnel or customers ("Private Branded Site"), subject to published prices or as otherwise mutually agreed in writing. You grant our Company the non-exclusive right to display your trademarks, services marks, logos and other corporate information ("Private Branding") in the form supplied to us for purposes of operating the Private Branded Site. You represent and warrant that you own or have all requisite rights to authorize us to display such Private Branding as contemplated herein and will defend, indemnify and hold us harmless from any damage or cost (including reasonable attorney fees) arising from a third party claim to the contrary. Upon termination, we will permanently remove and deactivate such Private Branding and cease further use. It is acknowledged that the presence of Private Branding does not alter the structure of this Agreement or grant any sublicense to you to further disseminate any Content or data obtained from the Site.
Data Management & Disclosure. We reserve the right to manage and operate our system resources and to archive or delete any files stored on our Site at any time. You are responsible for making back-up copies of any Customer Data or files that you wish to preserve. We may archive or delete files stored in accounts that have not been logged into and are inactive for an extended period of time, as determined by the Site. We do not claim any ownership rights in the content under your account. We may disclose the contents of your account (a) as required by law or legal process, (b) to protect or defend the rights of the Site, (c) to enforce this Agreement, or (d) to protect the interests of any other user.
Prohibited Behavior. You will not upload, store or disseminate any Content or make any Communications which violate or infringe the intellectual property or privacy rights of any person or which a reasonable person would consider abusive, profane, hateful, racially or ethnically offensive, which are defamatory or harassing, or which violate or encourage others to violate this Agreement or any applicable law. You will not upload or transmit pornographic or obscene images or files, and you will not impersonate our personnel or disrupt the orderly operation of the Site. You will not use the Site to violate any applicable law, including domestic or foreign securities laws or regulations. In order to protect itself, the Site may without liability actively cooperate with and furnish identifying and supporting information to any person likely to be harmed or affected by your violation of this Agreement and to any law enforcement agency conducting an investigation. You also agree not to make any Communication that encourages users to terminate their use of the Site or to use a competitor's service.
Restrictions On Use
Material, services, data, and information (including bond pricing information) from, on, or offered through the Site and any other website owned, operated, licensed, or controlled by Bondview.com , Inc. or any of its related, affiliated, or subsidiary companies (together, "Bondview.com") may not be scraped, extracted, downloaded, uploaded, sold, or offered for sale or use in any way (including for competitive purposes), without the prior written consent of Bondview.com. To that end, and without limiting any provision in these Terms and Conditions or Privacy Statement you agree not to use, or cause to be used, any computerized or other manual or automated program or mechanism, tool, or process, including any offline reader, site search/retrieval application, scraper, spider robot, to access, extract, download, scrape, data mine, display, transmit, or publish, any materials, data, or information (including pricing information) on any Bondview.com Website (including the Site itself) for any purpose, including for purposes of selling, offering to sell, or otherwise make available such materials, data, or information. If you violate any of these Terms and Conditions or circumvent (or attempt to circumvent) any security or technological `measures on the Site, your limited license to use the Site and related content automatically terminates.
Anti-Spam Restriction. You will not use our Site to make any Communications which are unsolicited bulk advertising or promotional messages ("spam"), so-called "chain letters," pyramid schemes, or make Communications of a promotional nature other than through channels authorized by the Site. You may not harvest email addresses or instant messaging identifiers. Because the damage incurred by us in connection with spam campaigns may be difficult to ascertain, you agree to pay liquidated damages of USD $3.00 per individual recipient of spam messages transmitted under your account if you either intentionally or knowingly cause spam to be sent.
APPLICABLE CHARGES & PAYMENT.
Some features of our Site may require the payment of a subscription-based fee or other charge. For subscription-based features, you agree that your Master Account or any Sub-Accounts shall not be used by other persons that do not have an account. We require timely payment of all published fees and charges by the Master Account holder. Prices do not include and you agree to pay, indemnify and hold our Company harmless from all sales/use, gross receipts, value-added, GST, personal property or other tax (including interest and penalties thereon) on the transaction contemplated herein, other than taxes based on the net income or profits of our Company.
If you fail to pay applicable fees or charges when due, we may suspend or terminate your Accounts and access to your Portfolio(s), the Site services or features. Unless otherwise agreed in writing, all charges are payable in U.S. Dollars in advance by major credit card, cashier's check or money order. Late payments are subject to costs of collection (including legal fees of 17.5% pre-filing, or 35% if formal proceedings are filed) and shall bear interest at a rate equal to the lesser of one (1) percent per month or the highest rate permitted by law.
Either party may terminate this Agreement in their sole discretion, at any time with or without cause and regardless of the stated registration period otherwise applicable. We reserve the right to suspend or terminate operation of this Site, or any feature of this Site, at any time upon notice. Protections afforded to us and to third parties by this Agreement will survive termination. If this Agreement is suspended or terminated as a result of unauthorized use or infringement of rights to Site Content, you agree that upon request, you will destroy all copies of such Content in your possession or under your control.
SUBSCRIPTION TERMINATIONS AND REFUNDS. All subscriptions shall be paid in advance for the subscribed period. Subscription terminations are effective upon the end of the next billing period. Users shall send written notification of termination to Support@bondview.com.
THIRD PARTY LINKS AND ADVERTISERS.
Content, goods or services may be offered by third parties through hotlinks or advertisements contained on our Site or through private-branded areas that are controlled by third party providers. These are offered as a convenience to you. We have no control over and do not endorse third party content, goods or services. We act as a distributor and not as a re-publisher of third party content and as an advertising channel for third party goods and services. Third party providers may change, add or discontinue their content or offerings at any time without notice. They may impose additional or different conditions on your use of their content or services (please read any additional terms that may be posted by such providers). WE DISCLAIM ALL REPRESENTATIONS AND WARRANTIES REGARDING CONTENT, GOODS OR SERVICES YOU OBTAIN FROM THIRD PARTY PROVIDERS. YOU WILL LOOK SOLELY TO THE THIRD PARTY PROVIDER FOR ALL CLAIMS REGARDING SUCH MATTERS.
We offer secure web pages to collect certain kinds of information from users and we store Customer Data and certain kinds of sensitive information in encrypted form. We follow reasonable technical and management practices to help protect the confidentiality, security and integrity of data stored on our system. While no computer system is completely secure, we believe the measures implemented by our Site reduce the likelihood of security problems to a level appropriate to the type of data involved.
WARRANTIES & LIABILITIES.
Warranty Disclaimer. THIS SITE (INCLUDING ALL INFORMATION, CONTENT, COMMUNICATIONS, FEATURES, PRODUCTS, SOFTWARE AND SERVICES) MAY INCLUDE INACCURACIES, ERRORS AND DEFECTS AND IS PROVIDED AS-IS AND AS-AVAILABLE WITHOUT WARRANTY OF ANY KIND. COMPANY DOES NOT WARRANT THAT THE SITE WILL OPERATE UNINTERRUPTED OR ERROR FREE. ALL WARRANTIES, INCLUDING MERCHANTABILITY, QUALITY, INTEGRATION, ACCURACY, WORKMANLIKE EFFORT, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT ARE DISCLAIMED. THE COMPANY IS NOT RESPONSIBLE FOR UNAUTHORIZED ACCESS TO OR DISRUPTION OF YOUR COMMUNICATIONS, CONTENT OR TRANSACTIONS ENTERED INTO WITH THE SITE. THE COMPANY IS NOT RESPONSIBLE FOR ANY HARASSING, DEFAMATORY, ILLEGAL OR IMPROPER CONDUCT OR CONTENT OF THIRD PARTIES, OR FOR ANY INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF OR BY THIRD PARTIES.
Not Fault Tolerant. The Site is not fault tolerant and should not be used in active bond or other securities trading activities where fail-safe operations or accuracy of data, data processing or computational correctness is required. To the extent you use the Site for such purposes, you assume all risk thereof.
Third Party Disclaimers. Certain content in this Site may be subject to additional third party disclaimers. Notices may be posted in Site content were appropriate and are part of this Agreement.
Daily Transaction Report Data. The Site may contain data from the Daily Transaction Reports published by the Municipal Securities Rulemaking Board ("MSRB"). The following disclaimer and restrictions apply to such information:
DISCLAIMER FOR DAILY TRANSACTION REPORTS
The Daily Transaction Report represents inter-dealer and customer trades in municipal securities that have been reported by dealers to the MSRB. The report does not necessarily reflect all transactions that were effected on the specific trade date. BECAUSE OF THE POSSIBILITY OF ERRORS IN THE TRADE SUBMISSION PROCESS OR ERRORS OR OMISSIONS IN OTHER PROCESSING OF DATA, THE REPORT SHOULD NOT BE USED AS THE SOLE BASIS FOR PRICING OR EXECUTING TRANSACTIONS IN MUNICIPAL SECURITIES. Prices for securities transactions vary with market conditions and can be affected by trade size and other factors. The MSRB requires that we notify you of possible errors and defects in the Daily Transaction Reports, and you acknowledge that we met our obligation in this Agreement. In accordance with our MSRB Subscription Agreement, our Site is re-disseminating the Daily Transaction Reports downloaded from the MSRB, in their entirety and without alteration of the content of the data, to the users of this Site. You will not further re-disseminate the Daily Transaction Reports to third parties without obtaining your own independent right from MSRB to do so. CUSIP numbers and CUSIP standard securities descriptions contained in Daily Transaction Reports ("CUSIPs") are licensed by MSRB from the CUSIP Service Bureau, Standard and Poor's, a division of McGraw-Hill Companies ("CUSIP Service Bureau") and sublicensed for use in this Site under the MSRB Subscription Agreement. CUSIPs are provided for your use under this Agreement solely for the purpose of identifying municipal securities issues as an integral part of using the Daily Transaction Reports through the features of this Site and for no other purpose. Price and volume transaction information from the Daily Transaction Reports is to be used in operating the features of this Site and for no other purpose. The CUSIP Service Bureau asserts, under the MSRB Subscription Agreement, that the CUSIPs are and shall remain valuable intellectual property of the CUSIP Service Bureau and the American Bankers Association ("ABA"), and you agree that no proprietary rights are being transferred to you in such information. You agree to defend, indemnify and hold the Company harmless from any violation by you of the restrictions on your use of Daily Transaction Reports and CUSIPs. Any questions about your use of CUSIPs, other than for the sole purpose of identifying municipal securities issues as an integral part of the Daily Transaction Reports, should be directed to the CUSIP Service Bureau.
No Professional Relationship. THIS SITE DOES NOT DISPENSE PROFESSIONAL SKILL, ADVICE OR JUDGMENT OF A REGULATED OR PROFESSIONAL NATURE, INCLUDING LEGAL, ACCOUNTING, FINANCIAL OR OTHER PROFESSIONAL CALLING. THE SITE DOES NOT PROVIDE FINANCIAL SERVICES, REAL ESTATE BROKERAGE SERVICES, SECURITY BROKERAGE SERVICES, HOME LENDING OR MORTGAGE SERVICES. NOTHING IN THIS SERVICE ESTABLISHES A PROFESSIONAL OR FIDUCIARY RELATIONSHIP WITH YOU. ALL INFORMATION, CONTENT AND COMMUNICATIONS SHOULD BE INDEPENDENTLY VERIFIED BY YOUR OWN PROFESSIONAL ADVISERS.
Limitation of Liability. YOU AGREE THE COMPANY IS NOT LIABLE FOR ANY DIRECT DAMAGES EXCEEDING THE AMOUNT, IF ANY, ACTUALLY PAID TO IT BY YOU DURING THE SIX (6) MONTHS PRECEDING THE EVENT GIVING RISE TO YOUR CLAIM. IN NO EVENT IS THE COMPANY LIABLE WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE, STRICT LIABILITY OR OTHERWISE), FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING LOST SAVINGS, LOST PROFIT, LOST GOODWILL, LOST OR CORRUPTED DATA OR BUSINESS INTERRUPTION) EVEN IF NOTIFIED IN ADVANCE OF SUCH POSSIBILITY. THE COMPANYS OFFICERS, OWNERS, EMPLOYEES, ATTORNEYS AND AGENTS HAVE NO LIABILITY WHATSOEVER TO YOU OR ANY THIRD PARTY UNDER ANY THEORY OF RECOVERY. THIS LIMITATION IS A MATERIAL CONDITION TO THIS AGREEMENT, IS COMMERCIALLY REASONABLE AND HAS BEEN FACTORED INTO THE AGREEMENT AS A WHOLE. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE FOREGOING LIMITATION MAY NOT APPLY TO YOU. THIS LIMITATION IS INDEPENDENT OF REMEDY LIMITS.
Indemnification and Hold Harmless. You agree to defend, indemnify and hold harmless the Site and its officers, directors, owners, agents, employees, advisers and consultants, from and against any claims, actions, demands, liability, damages (including legal and professional fees) asserted by any third party and arising from your use of the Site, your conduct, data, content, communications, alleged infringement of third party intellectual property or privacy rights, or violation of this Agreement. If you own or have a claim of right to any intellectual property rights that are implicated by the use or operation of this Site, including any Customer Data, data upload scripts, bond data reference elements or bond numerical or textual descriptions, data compilations, derivative works thereof, or otherwise, then you grant the Site a non-exclusive, non-transferable right and license to utilize such intellectual property rights as the Site may deem necessary or appropriate in operating the Site, subject to this Agreement and in the normal course of business and for no other purpose. It is the parties intention that you will not deliberately register an Account or make use of this Site and then attempt to claim that the Site had no right to use your intellectual property in carrying out the operations of the Site, and you waive any claim to the contrary.
Limitation of Remedies. You agree that if the Site breaches this Agreement, your sole and exclusive remedy will be to terminate this Agreement and your relationship with the Site. This applies regardless of whether the remedy fails of its essential purpose.
Protected Parties. THE WARRANTY DISCLAIMERS, LIABILITY LIMITS, INDEMNITIES AND RESERVATION OF RIGHTS CONTAINED IN THIS AGREEMENT PROTECT THE SITE, ITS OFFICERS, DIRECTORS, OWNERS, AGENTS, PROGRAMMERS, CONSULTANTS, ATTORNEYS AND ADVISERS, EMPLOYEES, AFFILIATES, ADVERTISERS, DISTRIBUTORS, RESELLERS, SUPPLIERS, PUBLISHERS AND PROMOTERS.
The Site is not responsible for any delay or failure in performance of the Site in whole or in part for any reason including, without limitation: fires, floods, storms, earthquakes, civil disturbances, disruption of telecommunications, transportation, utilities, services or supplies, governmental action, computer viruses, corruption of data, hacker attack, incompatible or defective equipment, software or services or otherwise. Nothing herein enlarges any warranty or diminishes any disclaimer under this Agreement.
NO OUTSIDE CONTACTS.
Because of the uncertainty and lack of uniformity of laws in other jurisdictions (particularly as applied to Internet sites), you hereby agree that our Site operates solely in Nassau County, New York USA (our "Locality"). You are using the Internet as your own agent to access and use our Site from the local Internet point of presence (POP) here in our Locality and you are using the Internet or public carrier as your local agent to take delivery of any information, products or services in our Locality. This means all operations, services, deliveries, performance and contacts of our Site occur solely in our Locality. OUR SITE DOES NOT SUBMIT TO PERSONAL JURISDICTION ANYWHERE BESIDE NASSAU COUNTY, NEW YORK USA AND YOU IRREVOCABLY WAIVE ANY CLAIM TO THE CONTRARY.
If you violate or exceed the scope of this Agreement or infringe our proprietary rights, you agree we would be irreparably harmed and may (in addition to other relief and without having to post bond or proving actual damage) obtain a court order obtaining specific performance or enjoining you from further violations.
THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE SUBSTANTIVE LAWS OF THE UNITED STATES AND NEW YORK, WITHOUT REGARD TO CONFLICTS OF LAW PRINCIPLES. YOU AGREE TO INITIATE AND MAINTAIN ANY LEGAL ACTION IN NASSAU COUNTY, NEW YORK, AND IRREVOCABLY CONSENT TO EXCLUSIVE PERSONAL JURISDICTION AND VENUE THEREIN. YOU ARE RESPONSIBLE FOR COMPLYING WITH YOUR OWN LOCAL LAWS, WHICH MAY VARY WITH RESPECT TO CERTAIN ACTIVITIES OR PEOPLE (e.g., MINORS). You agree that U.S. District Courts can hear cases involving copyright issues between us. Since we make no warranties and have limited our liabilities, you should have little reason to have a grievance with us. Should you nevertheless bring legal action against us, you irrevocably agree it will be brought and maintained on an individual basis (and not consolidated with similar cases) within one (1) year after the claim arises or be barred. As disincentive for unwarranted litigation, you agree that if you sue us and do not win on the merits, you will pay our defense costs, including reasonable legal fees for in-house and outside counsel. If we are required to enforce this Agreement or our rights, you irrevocably accept legal notices and papers by electronic mail at your last known email address (we would also attempt to send you a backup copy by regular mail).
TECHNOLOGY & DATA TRANSFER.
Technology Transfer. The transport of technology, technical data and information across national boundaries is regulated by the United States and certain foreign governments. You agree not to directly or indirectly export or re-export any information, software or technology obtained from or through the Site that requires an export license or governmental approval without first obtaining that license or approval. This provision will survive termination of our Agreement.
European Union Residents. If you reside in the European Union (EU) or if any transfer of information between you and our Site is governed by the European Union Data Protection Directive or national laws implementing that Directive, then you consent to the transfer of such information outside of the European Union to your country and to such other countries as may be contemplated by the features and activities provided by the Site.
U.S. GOVERNMENT RESTRICTED RIGHTS.
To the extent used by U.S. government personnel: this is a computer data base that constitutes restricted computer software and is provided with RESTRICTED RIGHTS. Use, duplication or disclosure by the Government is subject to restrictions as set forth in the Commercial Computer Software clause at DFARS 227.7202-3 or subparagraphs (c)(1) and (2) of the Commercial Computer Software-Restricted Rights clause at 48 CFR 52.227-19, as applicable. Contractor is BondView, LLC, a limited liability company.
RELATIONSHIP OF PARTIES.
There are no third party beneficiaries of this Agreement. The parties are independent to one another and are not related by franchise, partnership, employment, joint venture or otherwise. This Site is not a party to any transaction between you and any third party advertisers or suppliers. You will look solely to the third party for all claims regarding their goods, services or information.
RIGHT TO RELY ON INSTRUCTIONS.
The Site may act in reliance upon any instruction, information, document, filing, name, email address or user password that meets the Site's automated criteria or which is believed by the Site's personnel to be genuine. For any password protected areas, the Site may assume a person entering a user name address and associated password is, in fact, that user or is authorized by that user to act on its behalf. The Site may assume the latest email addresses and registration information on file with the Site are accurate and current. When programmed to do so, the Site may take prescribed actions in the absence of receiving proper and complete contrary instructions.
CHANGES TO THE SITE.
We reserve the right to modify, change or discontinue the Site or any feature at any time without notice. You agree that the Site is not liable to you or to any third party as a result of any such action. We invite users to make suggestions for ways that the Site can be improved. If you make a suggestion, you authorize us to use the idea and to publish your name in connection with the submission. We do not compensate users for submissions or the use of any suggested Site or Content improvements.
NOTICE TO CALIFORNIA RESIDENTS.
Under California Civil Code Section 1789.3, California residents are entitled to the following specific consumer rights information.
Pricing Information: Current rates for using the Site may be obtained by visiting the Account Registration page. The Site reserves the right to change fees, surcharges or to institute new fees at any time, as provided in this Agreement.
Complaints: The Complaint Assistance Unit of the Division of Consumer Service of the California Department of Consumer Affairs may be contacted in writing at 1020 North Street, Suite 501, Sacramento, CA 95814, or by telephone at (916) 445-1254.
This document reflects our entire and exclusive agreement and supersedes all other agreements regarding this subject matter, whether written or verbal. We reserve the right to change this Agreement at any time by posting a new version on the Site. Your continued use of this Site after the effective date of such amendment will constitute your acceptance of it. Any other amendment to this Agreement shall be in a pen-and-ink signed writing, regardless of any course of performance or trade practice between us. This electronic document or a hardcopy duplicate in good form shall be considered an original document admissible into evidence unless the document's authenticity is genuinely placed in question. We reserve the right to assign this Agreement or delegate responsibility to any third party, including a party acquiring any of our operating assets or ownership interests. All licenses or permissions granted to you by this Agreement are personal in nature and may not be assigned, sublicensed or otherwise transferred and any attempt to the contrary is void. Any provision of this Agreement found by a court to be illegal or unenforceable shall automatically be deemed conformed to the minimum requirements of law and shall thereupon be given full force and effect as so modified. Waiver of a provision in one instance shall not preclude our enforcement of it on future occasions. Headings are for reference purposes only and have no substantive effect.
NOTICE OF COPYRIGHT INFRINGEMENT PROCEDURES.
If you believe content on our Site infringes your copyrighted work and you want the Site to take down the offending material, you will need to complete the following Notice of Copyright Infringement and mail or fax it to our Registered Agent (do not use this procedure for any other kind of communication): eMail to us at: firstname.lastname@example.org.
Notice of Copyright Infringement
I certify under the penalty of perjury that I own or am authorized to act on behalf of the owner of the copyrighted work identified below. I believe in good faith that the copyrighted work described below has been used on your Site without authorization by the owner, its agents or according to law. I ask that you remove or block access to the infringing material.
(1) Name of Copyright Owner:
(2) Description of Copyrighted Work:
(3) Description of Infringing Material:
Location of Infringing Material:
(4) I can be contacted as follows:
(5) My Name:
(6) My Title:
I certify under the penalties of perjury that the foregoing is true and correct to the best of my information, knowledge and belief.
September 24 2013